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2006

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Legislating Racial Fairness In Criminal Justice, Olatunde C.A. Johnson Dec 2006

Legislating Racial Fairness In Criminal Justice, Olatunde C.A. Johnson

Faculty Scholarship

Twenty years ago, in McCleskey v. Kemp, the Supreme Court rejected a capital defendant's claim that statistical evidence of racial discrimination in the administration of Georgia's death penalty system constituted a violation of the Eighth and Fourteenth Amendments. Yet, even as McCleskey effectively bars constitutional challenges to racial disparities in the criminal justice system where invidious bias is difficult to establish, the Court invites advocates to pursue legislation as a remedy to racial disparities. Indeed, the McCleskey Court offers as a rationale for its ruling the judiciary's institutional incompetence to remedy these disparities, holding that "McCleskey's ...


Sentencing For The 'Crime Of Crimes': The Evolving 'Common Law' Of Sentencing Of The International Criminal Tribunal For Rwanda, Robert Sloane Dec 2006

Sentencing For The 'Crime Of Crimes': The Evolving 'Common Law' Of Sentencing Of The International Criminal Tribunal For Rwanda, Robert Sloane

Faculty Scholarship

Absent much prescriptive guidance in its Statute or other positive law, the International Criminal Tribunal for Rwanda (ICTR) has been developing, in effect, a 'common law' of sentencing for the most serious international crimes: genocide and crimes against humanity. While it remains, as the Appeals Chamber has said, premature to speak of an emerging 'penal regime', and the coherence in sentencing practice that this denotes, this comment offers some preliminary reflections on the substantive law and process of sentencing as it has evolved through ICTR practice. Above all, I argue, sentencing must, but has not yet, become an integral part ...


Replacing The Federal Income Tax With A Postpaid Consumption Tax: Preliminary Thoughts Regarding A Government Matching Program For Wealthy Investors And A New Tax Policy Lens, J. Clifton Fleming Jr. Dec 2006

Replacing The Federal Income Tax With A Postpaid Consumption Tax: Preliminary Thoughts Regarding A Government Matching Program For Wealthy Investors And A New Tax Policy Lens, J. Clifton Fleming Jr.

Faculty Scholarship

In recent years, proposals have been made to replace the federal income tax with a postpaid consumption tax - that is, a federal value added tax ("VAT"), a federal retail sales tax ("RST"), or a federal cash-flow (consumed income) tax. Because these taxes can be constructed so that they are indistinguishable at the level of the ultimate consumer in terms of their principal effects, and because a prominent recent proposal is the RST approach, I have written this article in terms of an RST/income tax comparison. The analysis, however, would be mostly the same if the income tax was compared ...


Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen Dec 2006

Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen

Faculty Scholarship

International institutions are almost exclusively reactive to violations of international law. There are very few systemic methods of proactively trying to prevent egregious violations such as genocide; rather, international law seems to take punishing violators as its sole approach. In modern times, most of the punishment and post-event enforcement has come through international courts and tribunals. These courts and tribunals are astoundingly expensive and notoriously inefficient. More importantly, the threat of prosecution does not appear to act as an effective deterrent in preventing criminal acts. This is unacceptable. With hundreds of thousands of lives at stake, the international community must ...


Blogging While Untenured And Other Extreme Sports, A. Christine Hurt, Tung Yin Dec 2006

Blogging While Untenured And Other Extreme Sports, A. Christine Hurt, Tung Yin

Faculty Scholarship

No abstract provided.


Regulating Public Morals And Private Markets: Online Securities Trading, Internet Gambling And The Speculation Paradox, A. Christine Hurt Dec 2006

Regulating Public Morals And Private Markets: Online Securities Trading, Internet Gambling And The Speculation Paradox, A. Christine Hurt

Faculty Scholarship

No abstract provided.


What Google Can't Teach Us About Ipo Auctions (And What It Can), A. Christine Hurt Dec 2006

What Google Can't Teach Us About Ipo Auctions (And What It Can), A. Christine Hurt

Faculty Scholarship

No abstract provided.


Review Essay: Excuse Theory Through A Liberal Lens, Richard C. Boldt Dec 2006

Review Essay: Excuse Theory Through A Liberal Lens, Richard C. Boldt

Faculty Scholarship

This essay reviews Excusing Crime, by Jeremy Horder, Reader in Criminal Law and Tutor in Law at Worcester College, Oxford. It describes Horder’s project, which is to build a complex taxonomy of criminal law excuse practices and to use that account of “why things are as they are” to argue, on the basis of his version of liberal theory, against “the restricted range” of excuses in the UK and elsewhere. By virtue of his appreciation that some, but not all, excuses contain justificatory elements, and given his insistence that pure claims of non-responsibility are not excuses, Horder has defined ...


Find It Free And Fast On The Net: Strategies For Legal Research On The Web (2006), Michelle Rigual Dec 2006

Find It Free And Fast On The Net: Strategies For Legal Research On The Web (2006), Michelle Rigual

Faculty Scholarship

This presentation is a guide to researching legal issues on the internet. Basic search topics applicable to any database are discussed as well as specific strategies for finding free or inexpensive legal materials, effectively using new technologies such as blogs, RSS feeds, and podcasts. Additionally, attendees are warned to avoid outdated technologies and sources.


Give Me Equity Or Give Me Death - The Role Of Competition And Compensation In Building Silicon Valley, Richard A. Booth Dec 2006

Give Me Equity Or Give Me Death - The Role Of Competition And Compensation In Building Silicon Valley, Richard A. Booth

Faculty Scholarship

In this essay, I argue that the preeminence of Silicon Valley as an incubator of technology companies is attributable to equity compensation. Ronald Gilson, relying on the work of AnnaLee Saxenian and others who have noted the tendency of Silicon Valley employees to job hop, has suggested that California law prohibiting the enforcement of non-compete agreements was a major factor in the rise of Silicon Valley (and the demise of Route 128). I extend this line of thought by suggesting that California employers may have relied on equity compensation as a substitute way to bind employees. I argue further that ...


Some Thoughts On "The Economic Loss Rule" And Apportionment, Oscar S. Gray Dec 2006

Some Thoughts On "The Economic Loss Rule" And Apportionment, Oscar S. Gray

Faculty Scholarship

This paper illustrates the process of comments upon and revisions to Restatement drafts, based on successive drafts of the proposed Restatement Third of Torts: Liability for Economic Loss.


Beijing Court Orders Ministry Of Finance To Rule On Supplier's Complaints, But Skirts Broader Issue Of Schism In China's Procurement Supervision, Daniel J. Mitterhoff Dec 2006

Beijing Court Orders Ministry Of Finance To Rule On Supplier's Complaints, But Skirts Broader Issue Of Schism In China's Procurement Supervision, Daniel J. Mitterhoff

Faculty Scholarship

No abstract provided.


Reshaping Federal Jurisdiction: Congress's Latest Challenge To Judicial Review, Helen L. Norton Dec 2006

Reshaping Federal Jurisdiction: Congress's Latest Challenge To Judicial Review, Helen L. Norton

Faculty Scholarship

This Article examines growing congressional interest in a specific legislative check on judicial power: controlling the types of cases judges are empowered to decide by expanding and/or contracting federal subject matter jurisdiction. Congress has recently sought to shape judicial power through a range of proposals that variously enlarge and compress federal subject matter jurisdiction. In 2004, for example, the House of Representatives voted to strip federal courts of jurisdiction over constitutional challenges to the Defense of Marriage Act and the Pledge of the Allegiance. Just a few months later, the new 109th Congress undertook a groundbreaking expansion of federal ...


Misogyny, Androgyny And Sexual Harassment: Sex Discrimination In A Gender-Deconstructed World, Meredith Render Dec 2006

Misogyny, Androgyny And Sexual Harassment: Sex Discrimination In A Gender-Deconstructed World, Meredith Render

Faculty Scholarship

Understanding sexual harassment as a form of discrimination “because of sex” has grown increasingly difficult as our understandings of both gender and sex have grown richer and more complex. This piece offers a new descriptive model for understanding gender bias in the context of sexual harassment law. The piece argues that two separate sets of ideas about gender have intersected to produce a new picture of gender “equality”: one that is separated from a binary model of men and women, but that nonetheless continues to disadvantage women as compared to men. The paper refers to this idea as the androcentric-assimilation ...


Database Limitations On The Evidentiary Value Of Forensic Mitochondrial Dna Evidence, Frederika A. Kaestle, Ricky A. Kittles, Andrea L. Roth, Edward J. Ungvarsky Dec 2006

Database Limitations On The Evidentiary Value Of Forensic Mitochondrial Dna Evidence, Frederika A. Kaestle, Ricky A. Kittles, Andrea L. Roth, Edward J. Ungvarsky

Faculty Scholarship

Mitochondrial DNA (mtDNA) typing is increasingly being offered in crimina/jury trials as proof that the defendant is a possible contributor of DNA found at a crime scene. As a prerequisite to introducing such evidence, the prosecution typically must estimate the frequency in the general population of the mtDNA sequence found in the defendant and the crime scene so that jurors can evaluate the probative value of the defendant's inclusion as a potential contributor. The government estimates sequence frequencies by comparing the observed sequence to sequences listed in a racially categorized mtDNA database developed and maintained by the Federal ...


Worldcat Collection Analysis Service And The Desert States Law Library Consortium, Michelle Rigual Dec 2006

Worldcat Collection Analysis Service And The Desert States Law Library Consortium, Michelle Rigual

Faculty Scholarship

In November, 2005, the eight libraries of the Desert States Law Library Consortium (University of New Mexico, University of Arizona, Arizona State University, University of Colorado, University of Denver, University of Utah, Brigham Young, and University of Nevada Las Vegas) licensed OCLC's WorldCat Collection Analysis Service (WCA). WCA is designed to provide objective information concerning the makeup of a library's collection, including subject coverage, age of materials, languages of publication and material types and audience level. Multi-institution comparisons provide detail and summary views of how two or more collections overlap or differently specialize, subdivided by subject areas, languages ...


Oclc: Worldcat Collection Analysis Service And The Desert States Law Library Consortium, Michelle Rigual Dec 2006

Oclc: Worldcat Collection Analysis Service And The Desert States Law Library Consortium, Michelle Rigual

Faculty Scholarship

Looking and benefits and best practices of WorldCat Collection Analysis in a subject-specific consortium.

In November, 2005, the eight libraries of the Desert States Law Library Consortium (University of New Mexico, University of Arizona, Arizona State University, University of Colorado, University of Denver, University of Utah, Brigham Young, and University of Nevada Las Vegas) licensed OCLC's WorldCat Collection Analysis Service (WCA). WCA is designed to provide objective information concerning the makeup of a library's collection, including subject coverage, age of materials, languages of publication and material types and audience level. Multi-institution comparisons provide detail and summary views of ...


Yes, Virginia: The President Can Deploy Federal Troops To Prevent The Loss Of A Major American City From A Devastating Natural Catastrophe, Michael Greenberger Nov 2006

Yes, Virginia: The President Can Deploy Federal Troops To Prevent The Loss Of A Major American City From A Devastating Natural Catastrophe, Michael Greenberger

Faculty Scholarship

As a direct response to the lackadaisical and much criticized federal handling of Hurricane Katrina, a critical provision within the Fiscal Year 2007 Defense Authorization Act amended in October 2006 the Insurrection Act to allow the President to deploy Federal troops to respond to catastrophic natural disasters and other major domestic emergencies without a prior request from affected state or local governments. This amendment was passed over universal and bipartisan opposition by the Nation's governors, all of whom claimed that this provision upends the delicate balance between Federal and state responsibilities for responding to natural disasters. In fact, this ...


Stress Evolution In Nanocrystalline Diamond Films Produced By Chemical Vapor Deposition, Hao Li, Brian W. Sheldon, Abhishek Kothari, Zhigang Ban, Barbara L. Walden Nov 2006

Stress Evolution In Nanocrystalline Diamond Films Produced By Chemical Vapor Deposition, Hao Li, Brian W. Sheldon, Abhishek Kothari, Zhigang Ban, Barbara L. Walden

Faculty Scholarship

Nanocrystalline diamond films were grown on silicon substrates by microwave plasma enhanced chemical vapor deposition with 1% methane, 2%–10% hydrogen, and argon. High resolution transmission electron microscope images and selected area electron diffraction patterns confirm that the films consist of 10–20 nm sized diamond grains. The residual and intrinsic stresses were investigated using wafer curvature. Intrinsic stresses were always tensile, with higher H2 concentrations generally leading to higher stresses. Annealing the films in a hydrogen plasma significantly increased these stresses. These hydrogen induced changes also appear to alter stress levels and stress gradients during the growth process ...


Sublicensing From A Distressed Company: Are You Placing Your Future In The Debtor's Hands?, Michelle M. Harner, David A. Beck Nov 2006

Sublicensing From A Distressed Company: Are You Placing Your Future In The Debtor's Hands?, Michelle M. Harner, David A. Beck

Faculty Scholarship

No abstract provided.


Public Safety And Criminal Justice, Kevin Washburn Nov 2006

Public Safety And Criminal Justice, Kevin Washburn

Faculty Scholarship

Conference Transcript from The New Realism: The Next Generation of Scholarship in Federal Indian Law


Google The Gozerian And Fair Use Slimed: Copyright Again In The Technocrat's Den, Brian Sites Oct 2006

Google The Gozerian And Fair Use Slimed: Copyright Again In The Technocrat's Den, Brian Sites

Faculty Scholarship

This article considers the fair use doctrine as it applies to Google's Library Search Project and both predicts and advocates for a finding of fair use. Part I briefly reviews the past by considering the pertinent history of the fair use doctrine. It also explains the details of the current suit over Google's Library Project. Part II moves on to consider the current state of fair use analysis by reviewing 110 fair use cases and conducting simple statistical analyses. It then explains and applies the fair use doctrine to Google's project. Part III considers cases frequently compared ...


Who Decides Whether A Patient Lives Or Dies?, Diane E. Hoffmann, Jack Schwartz Oct 2006

Who Decides Whether A Patient Lives Or Dies?, Diane E. Hoffmann, Jack Schwartz

Faculty Scholarship

No abstract provided.


Therapeutic Forgetting: The Legal And Ethical Implications Of Memory Dampening, Adam Kolber Oct 2006

Therapeutic Forgetting: The Legal And Ethical Implications Of Memory Dampening, Adam Kolber

Faculty Scholarship

No abstract provided.


Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski Oct 2006

Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski

Faculty Scholarship

No abstract provided.


Absurd Results, Scrivener's Errors, And Statutory Interpretation, Andrew S. Gold Oct 2006

Absurd Results, Scrivener's Errors, And Statutory Interpretation, Andrew S. Gold

Faculty Scholarship

No abstract provided.


"Deport All The Students": Lessons Learned In An X-Treme Clinic, Stacy Caplow Oct 2006

"Deport All The Students": Lessons Learned In An X-Treme Clinic, Stacy Caplow

Faculty Scholarship

No abstract provided.


Ibm's Pragmatic Embrace Of Open Source, Pamela Samuelson Oct 2006

Ibm's Pragmatic Embrace Of Open Source, Pamela Samuelson

Faculty Scholarship

No abstract provided.


Testing The Causal Mediation Component Of Dodge’S Social Information Processing Model Of Social Competence And Depression., Patrick Pössel, Simone Seemann, Stefanie Ahrens, Martin Hautzinger Oct 2006

Testing The Causal Mediation Component Of Dodge’S Social Information Processing Model Of Social Competence And Depression., Patrick Pössel, Simone Seemann, Stefanie Ahrens, Martin Hautzinger

Faculty Scholarship

In Dodge’s model of “social information processing” depression is the result of a linear sequence of five stages of information processing (Dodge, 1993). These stages follow a person’s reaction to situational stimuli, such that each stage of information processing mediates the relationship between earlier and later stages. Because support for the social information processing model of depression has mainly come from retrospective examination of the literature (Dodge, 1993), we conducted a three wave prospective study including 92 adolescents without lifetime or current depression. Depressive symptoms and information processing were assessed by using well established measures employed in previous ...


Review : Female Identity In Contemporary Zimbabwean Fiction By Katrin Berndt., Ann Elizabeth Willey Oct 2006

Review : Female Identity In Contemporary Zimbabwean Fiction By Katrin Berndt., Ann Elizabeth Willey

Faculty Scholarship

No abstract provided.