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Department Of Justice Oversight: Preserving Our Freedoms While Defending Against Terrorism: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Dec. 6, 2001 (Statement Of Neal Kumar Katyal, Prof. Of Law, Geo. U. L. Center), Neal K. Katyal

Testimony Before Congress

No abstract provided.

“Closet Case”: Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren Lenard Hutchinson

UF Law Faculty Publications

This Article argues that the Supreme Court's decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly defines “sexual identity” as a clinical or biological imposition that exists apart from expression or speech. This Article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual “equality” upon the silencing of gay, lesbian, bisexual, and transgender individuals.

This Article proceeds in five parts. Part I provides an introduction to the case and issues.Part II discusses the evolution of the …

Tax Competition And E-Commerce, Reuven S. Avi-Yonah

Articles

In the last four years, there has been increasing concern by developed countries about the potential erosion of the corporate income tax base by "harmful tax competition" (in the European Union since 1997, in the OECD since 1998). However, the data on tax competition available to date present a mixed and somewhat puzzling picture. On the one hand, there is considerable evidence that effective corporate income tax rates in many countries have been declining, and that the worldwide effective tax rates on multinational enterprises (MNEs) have been going down as well. On the other hand, macroeconomic data from developed countries …

Book Review: Women Under The Law: The False Promise Of Human Rights, S. I. Strong

Faculty Publications

Though McColgan's book promises much, it fails to persuade the reader for several reasons. First, a number of the examples used to demonstrate the inferiority of entrenched rights actually suggest the opposite. The second reason why McColgan fails to persuade results from her forcing constitutional arguments where there are none. The third problem with this book is its failure to extrapolate its arguments about women to other disadvantaged groups.

Despite these shortcomings, there is much in McColgan's book to recommend it. Her prose is fluid, her presentation of US and Canadian law, particularly regarding abortion, is extensive, and her arguments …

Racial Purity Laws In The United States And Nazi Germany: The Targeting Process, Judy Scales-Trent

Journal Articles

No abstract provided.

Interview With E. Clinton Bamberger, Jr., Erik Lieberman, E. Clinton Bamberger Jr., Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

E. Clinton Bamberger Jr. was the first director of legal services in the federal Office of Economic Opportunity, and later of Community Legal Services. He practiced law in Baltimore, where he represented the petitioner in the landmark case of Brady v. Maryland. In 1981 he was made an honorary fellow of Penn Law School. He died in 2013.

Female Gangs: A Focus On Research, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Vol. 51, No. 8, February 6, 2001, University Of Michigan Law School

Res Gestae

•A Legacy of Lies •Getting in Touch with Your Food •The Insider •Three Second Memory… Thoughts from Class •Poor Man's Movie Theater •Save the Last Dance- Or Do We Really Want It? •Of Human Bondage •Judged in the Supreme Court of Fashion •Crossword

A Paradigm For Equality: The Honorable Damon J. Keith, Blanche Bong Cook

Law Faculty Research Publications

No abstract provided.

"Closet Case": Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren L. Hutchinson

Faculty Articles

This Article argues that the Supreme Courts decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly dermes "sexual identity" as a clinical or biological imposition that exists apart from expression or speech. This Article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual "equality" upon the silencing of gay, lesbian, bisexual, and transgender individuals.

Don't Ask Us To Explain Ourselves, Don't Tell Us What To Do: The Boy Scouts' Exclusion Of Gay Members And The Necessity Of Independent Judicial Review, Taylor Flynn

Faculty Scholarship

In Boy Scouts of America v. Dale, the U.S. Supreme Court held by a five to four majority that the Boy Scouts of America is entitled to ban gay persons from membership despite New Jersey's prohibition against sexual orientation discrimination. The Dale majority sharply departed from the Court's long line of expressive association cases, in which it has rejected the claims of private clubs that application of civil rights laws to their membership policies violates their associational rights. This Author argues that by "reading" the plaintiff in Boy Scouts of America v. Dale as a cipher for gay sex, and …

Evolution Of The Arm's Length Standard In The Us Transfer Pricing Legislation And Russian Arm's Length Perspective, Andrei A. Shutov

LLM Theses and Essays

This thesis analyzes the evolution of the arm's length standard (ALS) as the key element of the transfer pricing control system in the US. This thesis also addresses some issues on creation of transfer pricing legislation in the Russian Federation and focuses on three sets of problems. First, it provides the general outline of the legislative history of the ALS as well as the history of the ALS' application in the US, including an overview of landmark cases, which revealed some conceptual problems with respect to the ALS. Secondly, the thesis addresses core problems associated with the ALS, such as …

A Judge For All Seasons, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.

Making Sense Of Dale, David Mcgowan

Constitutional Commentary

No abstract provided.

India's Wayward Children: Do Affirmative Action Laws Designed To Compensate India's Historically Disadvantaged Castes Explain Low Foreign Direct Investment By The Indian Diaspora, Llyana Kuziemko, Geoffrey Rapp

Minnesota Journal of International Law

No abstract provided.

A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann

Articles & Chapters

As constitutional protection of human rights expands around the world, the question of whether constitutional rights should protect people not only against state action but also against the conduct of private actors is once again timely. Few nations have so broadly, or so ambiguously, endorsed the application of constitutional guarantees to constrain private conduct (known outside the United States as "horizontality") as South Africa. The constitution approved in 1996 applies fully and without qualification to all "organs of state," and this term is defined in section 239 in potentially very broad terms, notably embracing "any other functionary or institution ... …

Protecting The Performers: Setting A New Standard For Character Copyrightability, Mark Bartholomew

Journal Articles

Copyright law protects expressions of ideas, but not the idea itself. Legal disputes over characters arise in the continuum between an idea for a character that has not been expressed at all, and an idea that has been given complete form and shape. The inconsistent common law tests developed to assess character copyrightability demonstrate the difficulty in pinpointing where the dividing line between an undeveloped idea and a sufficiently expressed character should be set. This Article offers a new paradigm for determining character copyrightability, particularly in the case of characters shaped through live performance, that tracks the Hegelian concept of …

Secrecy, Guilt By Association, And The Terrorist Profile, David Cole

Georgetown Law Faculty Publications and Other Works

In this essay, I will argue that the use of secret procedures and guilt by association in immigration trials is not only unconstitutional but counterproductive. I will begin with a case study, then discuss in turn the practices of secret evidence and guilt by association, and finally conclude with a consideration of how these two tactics perpetuate invidious stereotypes about Arabs and Muslims.

Proportional Equality: Readings Of Romer, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

One of the great enigmas of equal protection law is Romer v. Evans. In finding sufficient power in the rational basis test to invalidate a state constitutional amendment enacted by popular vote, the Supreme Court left legal scholars in its doctrinal dust, puzzled over the answers to multiple questions. Was this a new rational basis test? If so, how could one know when to apply it? Had the standard of review for state acts adversely affecting lesbian, gay and bisexual Americans changed? If so, to what? Had Bowers v. Hardwick been overruled? If so, why?

A Quiet Faith? Taxes, Politics, And The Privatization Of Religion, Richard W. Garnett

Journal Articles

The government exempts religious associations from taxation and, in return, restricts their putatively political expression and activities. This exemption-and-restriction scheme invites government to interpret and categorize the means by which religious communities live out their vocations and engage the world. But government is neither well-suited nor to be trusted with this kind of line-drawing. What's more, this invitation is dangerous to authentically religious consciousness and associations. When government communicates and enforces its own view of the nature of religion - i.e., that it is a private matter - and of its proper place - i.e., in the private sphere, not …