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Articles 1 - 30 of 77
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Cali Lessons In Legal Research Courses: Alternatives To Reading About Research, Elizabeth G. Adelman
Cali Lessons In Legal Research Courses: Alternatives To Reading About Research, Elizabeth G. Adelman
Journal Articles
No abstract provided.
Theorizing The Diffusion Of Law: Conceptual Difficulties, Unstable Imaginations, And The Effort To Think Gracefully Nonetheless, David A. Westbrook
Theorizing The Diffusion Of Law: Conceptual Difficulties, Unstable Imaginations, And The Effort To Think Gracefully Nonetheless, David A. Westbrook
Journal Articles
No abstract provided.
My God, My Choice: The Mature Minor Doctrine And Adolescent Refusal Of Life-Saving Or Sustaining Medical Treatment Based Upon Religious Beliefs, Jonathan Will
Journal Articles
No abstract provided.
The Administrative Law Of Global Private-Public Regulation: The Case Of Forestry, Errol E. Meidinger
The Administrative Law Of Global Private-Public Regulation: The Case Of Forestry, Errol E. Meidinger
Journal Articles
An important ensemble of transnational, transgovernmental regulatory institutions has emerged in the forestry sector over the past decade. These forest certification programmes set global standards for proper forest management and apply them through institutionalized licensing and inspection programmes. Similar programmes are appearing in other sectors. Developed largely by environmental NGOs and industry associations rather than governments, forest certification programmes are nominally voluntary, but are becoming increasingly mandatory in practice. They are also gradually linking with government regulatory and management programmes in various ways, while remaining in tension both with each other and with government programmes. The overall regulatory system is …
Examining A Comparative Law Myth: Two Hundred Years Of Riparian Misconception, Andrea B. Carroll
Examining A Comparative Law Myth: Two Hundred Years Of Riparian Misconception, Andrea B. Carroll
Journal Articles
This article is a first step in an effort to critically examine - and to debunk - some of the myths that persist about the degree to which the common and civil law systems differ. Specifically, the article questions the validity of recent scholarly commentary suggesting that the primary differences between the systems can be found in their substantive legal rules or in their respective "spirits." A relatively narrow issue of riparian access perfectly highlights the problem. Nearly all of the high courts in the United States that have examined this particular riparian issue have chosen to adopt either the …
The Narrowing Of The National Labor Relations Act: Maintaining Workplace Decorum And Avoiding Liability, William R. Corbett
The Narrowing Of The National Labor Relations Act: Maintaining Workplace Decorum And Avoiding Liability, William R. Corbett
Journal Articles
No abstract provided.
Trade Special Issue: Foreword, Meredith Kolsky Lewis
Trade Special Issue: Foreword, Meredith Kolsky Lewis
Journal Articles
No abstract provided.
Foreword: Representation Without Party: Lessons From State Constitutional Attempts To Control Gerrymandering, James A. Gardner
Foreword: Representation Without Party: Lessons From State Constitutional Attempts To Control Gerrymandering, James A. Gardner
Journal Articles
Since the founding, all gerrymandering of election districts, at both the state and congressional levels, has been accomplished by state actors operating almost exclusively under state law. State constitutions have often served as a first line of defense against publicly disfavored practices, and the treatment of gerrymandering is no exception. The state constitutional record reveals a gradual introduction, diffusion, and evolution of a wide variety of provisions intended to control gerrymandering, including requirements of contiguity, compactness, respect for local political boundaries, and preservation of communities of interest, among others. Indeed, such provisions have been validated by the U.S. Supreme Court …
Revisiting Anna Moscowitz's Kross's Critique Of New York City's Women's Court: The Continued Problem Of Solving The "Problem" Of Prostitution With Specialized Criminal Courts, Mae C. Quinn
Journal Articles
No abstract provided.
Limited Liability Company Citizenship: Reconsidering An Illogical And Inconsistent Choice, Debra R. Cohen
Limited Liability Company Citizenship: Reconsidering An Illogical And Inconsistent Choice, Debra R. Cohen
Journal Articles
The trend in diversity actions in Federal Court is to rigidly apply the formalistic rules for determining citizenship (aggregate or entity) to deem limited liability companies (LLCs) to have aggregate or "partnership" citizenship. While the approach is designed to reduce the federal docket; there is no evidence that it works. More importantly, this result-oriented approach is not based on well-reasoned analysis. This approach creates several illogical and inconsistent results. It bears no reflection on modern business realities, it undermines well established principles of law, and it undercuts the purpose for which diversity jurisdiction was established, This article suggests that, just …
Matchmaker, Matchmaker Make Me A Match: An Insider's Guide To The Faculty Hiring Process, Debra R. Cohen
Matchmaker, Matchmaker Make Me A Match: An Insider's Guide To The Faculty Hiring Process, Debra R. Cohen
Journal Articles
This essay analogizes the process of finding a law faculty position to internet dating. Along the way it provides insights into the law faculty hiring process. These insights are based on over a decade of attendance at the "meat market" in various capacities, speaking with hundreds of interviewers and mentoring hundreds of candidates.
Naacp V. The Attorney General: Black Community Struggle Against Police Violence, 1959-68, Jay Stewart
Naacp V. The Attorney General: Black Community Struggle Against Police Violence, 1959-68, Jay Stewart
Journal Articles
On March 30, 1959, the U.S. Supreme Court issued two decisions which set the stage for a new era in police-community relations. In Abbate v. United States. I and Bartkus v. Illinois,2 the Court gave the U.S. Justice Department the power to prosecute police officers under federal civil rights laws for acts of racist violence - even when they were already under state or local investigation - without fear of violating states' rights. These decisions - had they been enforced - would have been welcome news at the New York headquarters of the National Association for the Advancement of Colored …
The History Of Slave Marriage In The United States, Darlene Goring
The History Of Slave Marriage In The United States, Darlene Goring
Journal Articles
No abstract provided.
Transnational Media Law At The Bar And In The Classroom, Jack M. Weiss
Transnational Media Law At The Bar And In The Classroom, Jack M. Weiss
Journal Articles
No abstract provided.
Holding Internet Service Providers Accountable, Eric Posner, Douglas Gary Lichtman
Holding Internet Service Providers Accountable, Eric Posner, Douglas Gary Lichtman
Journal Articles
No abstract provided.
Behavioral Genetics Research And Criminal Dna Databanks, David H. Kaye
Behavioral Genetics Research And Criminal Dna Databanks, David H. Kaye
Journal Articles
This article examines the current concerns about whether DNA databases may be used for actions other than to apprehend criminals, such as genetic research, in particular, searching for a "crime gene". Part II considers the perspective that these databases may be useful for research. The information within a DNA sample consists of a limited number of DNA base-pair variations, which are important to identification, but not necessarily to genetic research. However, while it may be difficult to conduct genetic research, it is not impossible. Part III examines state and federal database legislation. There are examples of three states' statutes and …
An Other Christian Perspective On Lawrence V. Texas, Victor C. Romero
An Other Christian Perspective On Lawrence V. Texas, Victor C. Romero
Journal Articles
The so-called Religious Right's reaction to Lawrence v. Texas has been both powerful and negative, characterizing the case as an assault on the traditional conception of marriage and family life. This essay is an attempt to present a different Christian view. Modeled on the life and teachings of Jesus, this perspective celebrates the Lawrence case as consistent with God's call to social justice for the oppressed. It also outlines a Christian sexual ethic that lifts up genuine, monogamous, committed love between two individuals, whether of the same or opposite sex.
International Rule Of Law And The Market Economy - An Outline, Samuel Bufford
International Rule Of Law And The Market Economy - An Outline, Samuel Bufford
Journal Articles
Law matters in economic development. The Rule of Law is an indispensable foundation for a market economy, which provides an essential environment for the creation and preservation of wealth, economic security, and well-being, and the improvement of the quality of life. The Rule of Law is part of the "software" of governmental regulation that is needed to operate the "hardware" of free markets. Its promotion can make a major contribution to economic growth, and an infrastructure that creates and promites legal rights is an essential platform for economic development. The cumulative costs of doing without the Rule of Law in …
International Insolvency Case Venue In The European Union: The Parmalat And Daisytek Controversies, Samuel Bufford
International Insolvency Case Venue In The European Union: The Parmalat And Daisytek Controversies, Samuel Bufford
Journal Articles
The European Union Insolvency Regulation (the EU Regulation) is a giant step forward in promoting international cooperation among EU countries for cross-border insolvency proceedings. It adopts a modified universalist solution to cross-border proceedings insofar as they are located within the EU. However, experience has shown that it needs improvement to work effectively. A venue battle now rages between courts of several European countries over which country's courts will administer particular cross-border proceedings and how the center of main interest is to be determined for this purpose.
This Article begins with a detailed examination of the two principal cases where conflicts …
Overruling The Jury: Duncan V. Gmc And Appellate Treatment Of Hostile Work Environment Judgments, Dara Purvis
Overruling The Jury: Duncan V. Gmc And Appellate Treatment Of Hostile Work Environment Judgments, Dara Purvis
Journal Articles
In 2002, the Eighth Circuit reversed a one million dollar jury award to the plaintiff in a sexual harassment suit against General Motors Corporation. This reversal demonstrates the danger of appellate review of such verdicts, limiting sexual harassment verdicts to the lowest common denominator in that circuit.
Transparency In International Commercial Arbitration, Catherine A. Rogers
Transparency In International Commercial Arbitration, Catherine A. Rogers
Journal Articles
Scholars have long been making the case for expanding transparency in the international commercial arbitration system, but recently these proposals have taken on a greater sense of urgency and an apparent willingness to forcibly impose transparency reforms on unwilling parties. These new transparency advocates exhort the general public's stakehold in many issues being arbitrated, which they contend necessitates transparency reforms, including compulsory publication of international commercial arbitration awards.
In this symposium essay, I begin by developing a definition of transparency in the adjucatory setting, and conceptually distinguishing from other concepts, like "public access" and "disclosure," which are often improperly treated …
Antitrust And Inefficient Joint Ventures: Why Sports Leagues Should Look More Like Mcdonald's And Less Like The United Nations, Stephen F. Ross, Stefan Szymanski
Antitrust And Inefficient Joint Ventures: Why Sports Leagues Should Look More Like Mcdonald's And Less Like The United Nations, Stephen F. Ross, Stefan Szymanski
Journal Articles
Antitrust law generally favors joint ventures that allow separate firms to integrate economic functions while continuing to compete as independent entities. In evaluating the risks to competition that joint ventures could pose, insufficient attention has been paid to the risk that joint ventures with market power may be structured so that the parties, acting in their independent self interest, will prevent the venture from providing innovative goods and services responsive to consumer demand. In these cases, it may be better if a single firm provided services rather than having them provided jointly.
We illustrate this problem by challenging the conventional …
Europe's Thirteenth Directive And U.S. Takeover Regulation: Regulatory Means And Political Economic Ends, Marco Ventoruzzo
Europe's Thirteenth Directive And U.S. Takeover Regulation: Regulatory Means And Political Economic Ends, Marco Ventoruzzo
Journal Articles
Cross-border acquisitions, especially through hostile takeovers, represent one of the most dramatic consequences of the growing integration, both within Europe, and when considering the economic balance of power between the US and the European industries. This Article focuses on the single most important piece of legislation on European takeover law, the Thirteenth Directive of the European Union on Takeover Regulation, which was approved on April, 21 2004 and must be implemented by Member States before the end of 2006.
Passage of the Thirteenth Directive is no minor event. Earlier versions were embroiled in arresting political controversies that generated significant Member …
Rethinking The "Less As More" Thesis: Supranational Litigation Of Economic, Social And Cultural Rights In The Americas, Tara J. Melish
Rethinking The "Less As More" Thesis: Supranational Litigation Of Economic, Social And Cultural Rights In The Americas, Tara J. Melish
Journal Articles
In their 2005 law review article Less as More: Rethinking Supranational Litigation of Economic and Social Rights in the Americas, James Cavallaro and Emily Schaffer argue for a "rethinking" of strategies to advance economic, social and cultural rights in the Americas. They posit that to achieve higher rates of real-world protection for such rights, social rights advocates should do two things: first, bring less litigation and, second, frame any marginal litigation that is pursued as violations of classic civil and political rights. According to the authors, this recommended course will increase the "legitimacy" of the litigation and lead to higher …
Redefining Open Access For The Legal Information Market, James G. Milles
Redefining Open Access For The Legal Information Market, James G. Milles
Journal Articles
The open access movement in legal scholarship, inasmuch as it is driven within the law library community over concerns about the rising cost of legal information, fails to address - and in fact diverts resources from - the real problem facing law libraries today: the soaring costs of nonscholarly, commercially published, practitioner-oriented legal publications. The current system of legal scholarly publishing - in student-edited journals and without meaningful peer review - does not face the pressures to increase prices common in the science and health disciplines. One solution to this problem is for law schools to redirect some of their …
Free Wage Labor And The Suffrage In Nineteenth Century England, Robert J. Steinfeld
Free Wage Labor And The Suffrage In Nineteenth Century England, Robert J. Steinfeld
Journal Articles
No abstract provided.
Gender Equality And Women's Solidarity Across Religious, Ethnic And Class Difference In The Kenyan Constitutional Review Process, Athena D. Mutua
Gender Equality And Women's Solidarity Across Religious, Ethnic And Class Difference In The Kenyan Constitutional Review Process, Athena D. Mutua
Journal Articles
This paper examines Kenyan's women's struggle to gain new legal authority for gender equality and women's empowerment in the Kenya Constitutional Review process. Specifically it examines the efforts of the campaign to "safeguard the gains of women in the Draft Constitution," a campaign launched by a coalition of four civil society organizations in Kenya after the release of a new Draft constitution in 2002. Its focus is the 2002 Draft, the Draft's relationship to the current Kenyan Constitution and to recent constitutional proposals, from a gender perspective.
The constitutional review process is part of a larger movement to democratize the …
Counter-Rejoinder: Justice Vs. Justiciability?: Normative Neutrality And Technical Precision, The Role Of The Lawyer In Supranational Social Rights Litigation, Tara J. Melish
Journal Articles
An important debate is currently underway in the inter-American human rights system involving the proper approach litigators, adjudicators, and advocates should take to supranational litigation of economic, social and cultural rights. Centered on questions of jurisdiction and the proper characterization and limits of justiciability, its resolution has tremendous implications for the tools available to on-the-ground advocates, their real-world effectiveness and sustainability in adjudicatory and advocacy contexts alike, and the rationalization of the system's developing jurisprudence over the long-term.
This article book-ends a trilogy of pieces appearing in the NYU Journal of International Law and Politics by two sets of authors, …
Four Mistakes In The Debate On "Outsourcing Authority", Roger P. Alford
Four Mistakes In The Debate On "Outsourcing Authority", Roger P. Alford
Journal Articles
The purpose of this Article is to discuss common mistakes in the current debate on outsourcing authority. The first mistake in the debate on outsourcing authority is about the protagonists. To focus solely on the fact that some justices espouse this approach, while others do not, distorts the true picture of the rich debate that is ongoing at the bar, the bench, the academy, and beyond. Mistaking the voices in the debate will distort what is at issue in the discussion. The reality is much more complex. There is a groundswell of opposition to this trend from various corners and …
Reflections On Us - Zeroing: A Study In Judicial Overreaching By The Wto Appellate Body, Roger P. Alford
Reflections On Us - Zeroing: A Study In Judicial Overreaching By The Wto Appellate Body, Roger P. Alford
Journal Articles
This essay is about the application of procedural approaches in the US-Zeroing case that serve to highlight potential problems with Appellate Body decision-making. Those problems go to central issues of judicial restraint, including concerns surrounding standards of review, appellate fact-finding, and notions of justiciability and ripeness. This essay will begin with an analysis of US-Zeroing's approach in applying the specialized standard of review under the Antidumping Agreement, arguing that it fails to adhere to the obligation of deference to permissible Member State interpretations of WTO antidumping obligations. It then examines the fact-finding procedures applied by the Appellate Body, which raise …