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Articles 1 - 21 of 21
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`Representing And Being Represented In Turn’ – A Symposium On Hélène Landemore’S Open Democracy, Ethan J. Leib
`Representing And Being Represented In Turn’ – A Symposium On Hélène Landemore’S Open Democracy, Ethan J. Leib
Faculty Scholarship
No abstract provided.
Traveling Judges, Alyssa S. King, Pamela K. Bookman
Traveling Judges, Alyssa S. King, Pamela K. Bookman
Faculty Scholarship
Around the world, domestic courts focused on commercial disputes hire foreign judges. The practice seems to resemble arbitration, but is also rooted in colonialism. These traveling judges are predominantly retired English judges hired by small, market-dominant jurisdictions, like Hong Kong or Dubai. The judges’ identities reveal efforts to harness business preferences for English common law into domestic court systems. While judges aspire to spread the rule of law, local politics may dictate these courts’ futures. This Article maps the practice of traveling judges and explores its implications.
State Punishment And Meaning In Life, Youngjae Lee
State Punishment And Meaning In Life, Youngjae Lee
Faculty Scholarship
No abstract provided.
Designing Systems For Achieving Justice After A Peace Agreement: Northern Ireland's Struggle With The Past, Jacqueline Nolan-Haley
Designing Systems For Achieving Justice After A Peace Agreement: Northern Ireland's Struggle With The Past, Jacqueline Nolan-Haley
Faculty Scholarship
No abstract provided.
Is Europe Headed Down The Primrose Path With Mandatory Mediation, Jacqueline Nolan-Haley
Is Europe Headed Down The Primrose Path With Mandatory Mediation, Jacqueline Nolan-Haley
Faculty Scholarship
No abstract provided.
The Flood Of U.S. Lawyers: Natural Fluctuation Or Professional Climate Change?, Bruce A. Green
The Flood Of U.S. Lawyers: Natural Fluctuation Or Professional Climate Change?, Bruce A. Green
Faculty Scholarship
This paper considers how US courts, which regulate the US legal profession, should respond to the perceived excess of lawyers (i.e. to the lack of adequate employment opportunities for lawyers). It begins by summarizing the courts’ regulatory role. It then situates the contemporary flood-of-lawyers problem in the unavailability of well-paid legal work, not in the absence of a need for lawyers’ services: many people need lawyers, but they cannot afford them. Next, the paper explores whether the problem is simply a product of natural economic fluctuation which will be solved naturally, particularly if potential law school applicants become better informed, …
Sports In America, John D. Feerick
Sports In America, John D. Feerick
Faculty Scholarship
A speech written and delivered by Dean John Feerick on April 17, 2009 at the Fordham Law School Sports Law Symposium gives us an insightful look into what sports mean to the world around them. Dean Feerick has been involved first hand in a number of influential sports law decisions in his time as a practitioner and this speech serves as a reminder as to the meaningful role that sports play in each one of our lives. Feerick draws from life experiences of his own as well as that of colleagues and family members to observe the timeless and universal …
Extraterritorial Electioneering And The Globalization Of American Elections, Zephyr Teachout
Extraterritorial Electioneering And The Globalization Of American Elections, Zephyr Teachout
Faculty Scholarship
This Essay explores a fascinating new truth: because of the Internet, governments, corporations, and citizens of other countries can now meaningfully participate in United States elections. They can phone bank, editorialize, and organize in ways that impact a candidate's image, the narrative structure of a campaign, and the mobilization of base support. Foreign governments can bankroll newspapers that will be read by millions of voters. Foreign companies can enlist employees in massive cross-continental email campaigns. Foreign activists can set up offline meetings and organize door-to-door campaigns in central Ohio. They can, in short, influence who wins and who loses. Depending …
Judicial Power And Moral Ideology In Wartime: Shaping The Legal Process In World War I Britain , Rachel Vorspan
Judicial Power And Moral Ideology In Wartime: Shaping The Legal Process In World War I Britain , Rachel Vorspan
Faculty Scholarship
Offering a cautionary lesson of contemporary significance, the Article suggests that judicial power is not in and of itself the solution to executive infringements on due process rights in wartime. It examines the response of the British judiciary to serious threats to its institutional power during the First World War. To facilitate prosecution of the war, the government narrowed the jurisdiction of the traditional courts by eliminating jury trial, subjecting civilians to court-martial, and establishing new administrative tribunals to displace the traditional courts. Rather than remaining passive and deferential to the executive, as scholars have generally assumed, the judges moved …
Rethinking Work And Citizenship, Jennifer Gordon, Robin A. Lenhardt
Rethinking Work And Citizenship, Jennifer Gordon, Robin A. Lenhardt
Faculty Scholarship
This Article advances a new approach to understanding the relationship between work and citizenship that comes out of research on African American and Latino immigrant low-wage workers. Media accounts typically portray African Americans and Latino immigrants as engaged in a pitched battle for jobs. Conventional wisdom suggests that the source of tension between these groups is labor competition or the racial prejudice of employers. While these explanations offer useful insights, they do not fully explain the intensity and longevity of the conflict. Nor has relevant legal scholarship offered a sufficient theoretical lens through which this conflict can be viewed. In …
Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno
Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno
Faculty Scholarship
Unwarranted constraints on the admissibility of genetics evidence in death penalty cases can undercut some defendants' efforts to fight their executions. For example, genetics evidence can help validate some traditionally accepted mitigating factors (such as certain psychiatric or behavioral disorders) that can otherwise be difficult for defendants to prove. By imposing unreasonable limitations on genetics arguments, the criminal justice system may be undermining the very principles and progressive thinking the cap on genetics evidence was originally intended to achieve. Part II of this article briefly reviews the facts and legal arguments in Mobley v. State. Part III addresses the primary …
Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I , Rachel Vorspan
Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I , Rachel Vorspan
Faculty Scholarship
This Article examines the role of the English courts during World War I, particularly the judicial response to executive infringements on individual liberty. Focusing on the areas of detention, deportation, conscription, and confiscation of property, the Article revises the conventional depiction of the English judiciary during World War I as passive and peripheral. It argues that in four ways the judges were activist and energetic, both in advancing the government's war effort and in promoting their own policies and powers. First, they were judicial warriors, developing innovative legal strategies to legitimize detention and other governmental restrictions on personal. Second, they …
Sexuality And Sovereignty: The Global Limits And Possibilities Of Lawrence Symposium: Legal Rights In Historical Perspective: From The Margins To The Mainstream, Sonia K. Katyal
Faculty Scholarship
In the summer of 2003, the Supreme Court handed gay and lesbian activists a stunning victory in the decision of Lawrence v. Texas, which summarily overruled Bowers v. Hardwick. At issue was whether Texas' prohibition of same-sex sexual conduct violated the Due Process Clause of the U.S. Constitution. In a powerful, poetic, and strident opinion, Justice Kennedy, writing for a six-member majority, reversed Bowers, observing that individual decisions regarding physical intimacy between consenting adults, either of the same or opposite sex, are constitutionally protected, and thus fall outside of the reach of state intervention. Volumes can be written about the …
Peace-Making Role Of A Mediator, The The Americanization Of International Dispute Resolution, John D. Feerick
Peace-Making Role Of A Mediator, The The Americanization Of International Dispute Resolution, John D. Feerick
Faculty Scholarship
Mediation, or the intervention of third parties, has been a tested and tried means of dispute resolution since the earliest history of the world. The theme for this program, the Americanization of International Dispute Resolution, asks whether there is an American style of dispute resolution and, if there is, whether it is positive or negative for the peaceful settlement of international disputes. In approaching my assignment of Mediation in Armed Conflict, I have focused my attention on Northern Ireland, a society that has experienced a violent conflict for the past thirty years, in which many efforts at mediation have taken …
Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition Symposium, Jacqueline Nolan-Haley, Bronagh Hinds
Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition Symposium, Jacqueline Nolan-Haley, Bronagh Hinds
Faculty Scholarship
This paper is part of a Symposium that considered the relevance of domestic conflict resolution theories in broader cultural contexts. The Northern Ireland Women's Coalition (Women's Coalition) participated in the negotiations leading up to the 1998 Good Friday/Belfast Agreement. Members of the Woman's Coalition responded to thirty years of sectarian violence with a negotiation process based on accommodation, inclusion, and relationship building, concepts that resonate with American-style problem-solving negotiation. Using the Women's Coalition as a case study, this Article suggests that there are procedural aspects of problem-solving negotiation theory that may work across domains, specifically in multi-party, intractable conflict situations, …
When Legislatures Delegate Death: The Troubling Paradox Behind State Uses Of Electocution And Lethal Injection And What It Says About Us, Deborah W. Denno
When Legislatures Delegate Death: The Troubling Paradox Behind State Uses Of Electocution And Lethal Injection And What It Says About Us, Deborah W. Denno
Faculty Scholarship
This article discusses the paradoxical motivations and problems behind legislative changes from one method of execution to the next, and particularly moves from electrocution to lethal injection. This article first examines the constitutionality of electrocution, contending that a modern Eighth Amendment analysis of a range of factors, such as legislative trends toward lethal injection, indicates that electrocution is cruel and unusual. It then provides an Eighth Amendment review of lethal injection, demonstrating that injection also involves unnecessary pain, the risk of such pain, and a loss of dignity. The article next presents the author's study of the most current protocols …
European Economic And Monetary Union: Will The Emu Ever Fly The Euro: A New Single Currency For Europe: Legal Framework, Roger J. Goebel
European Economic And Monetary Union: Will The Emu Ever Fly The Euro: A New Single Currency For Europe: Legal Framework, Roger J. Goebel
Faculty Scholarship
The title of this article represents a pun, but a pun with a point that responds to the tensions between these dreams of EMU's success and fears of its failure. The emu is a large Australian bird, but, like the better-known ostrich, the emu does not fly. However, it can run very fast. The point is, that during the early stages of planning for the EMU there were some very high-flying aspirations for what it might attain, and what its attainment might mean for the political future of the European Union. Since then, these aspirations have been considerably chilled by …
Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan
Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan
Faculty Scholarship
This inquiry, a comprehensive historical study of the impact of nuisance law on labor picketing in England, comprises six sections. Part I introduces general principles of labor law and nuisance law in the nineteenth century, particularly the legislative scheme of "collective laissezfaire" that emerged after 1871 and remained relatively intact until 1980. Part II examines the use of nuisance doctrines against picketers in the first phase of confrontational picketing from 1889 to 1906, when the appearance of militant unions representing unskilled workers stimulated inventive judicial responses in both private and public nuisance. Part III investigates the much heralded judicial and …
More Apparent Than Real: The Revolutionary Commitment To Constitutional Federalism, Martin S. Flaherty
More Apparent Than Real: The Revolutionary Commitment To Constitutional Federalism, Martin S. Flaherty
Faculty Scholarship
No abstract provided.
Admiralty Law Of Arthur Browne, Joseph Sweeney
Admiralty Law Of Arthur Browne, Joseph Sweeney
Faculty Scholarship
No abstract provided.
Collisions Involving Tugs And Tows, Joseph Sweeney
Collisions Involving Tugs And Tows, Joseph Sweeney
Faculty Scholarship
No abstract provided.