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The Scarlet Gene: Behavioral Genetics, Criminal Law, And Racial And Ethnic Stigma, Karen H. Rothenberg, Alice Wang

Karen H. Rothenberg

Imagine that a scientist from the state university asks you and your family to participate in a study on a particular gene variant associated with alcoholism. The project focuses on your ethnic group, the Tracy Islanders, who have a higher incidence of alcoholism, as well as a higher incidence of the gene variant, than the general population. You will not be informed whether you have the gene variant, but your participation in the study might help scientists develop drugs to help individuals control their addiction to alcohol. You have a family history of alcoholism, and you are concerned that your …

Virtual Territoriality, Edward J. Janger

Edward J. Janger

Abstract Virtual Territoriality Edward J. Janger David M. Barse Professor Brooklyn Law School Current efforts to unify the laws of secured credit and bankruptcy are predicated on the belief that regularizing the law of debtor’s rights and creditor’s remedies will cause global business to flourish, and benefit both developed and less-developed countries. Certain and predictable remedies for creditors will facilitate lending and development, and coordination among courts will create opportunities to protect the going concern value of troubled businesses. The benefits that accompany such legal harmonization may, however, come at a price. Centralizing control of a bankruptcy case may create …

Shades Of Gray: The Life And Times Of An Antebellum Free Family Of Color, Jason A. Gillmer

Jason A Gillmer

The history of race and slavery is often told from the perspective of either the oppressors or the oppressed. This Article takes a different tact, unpacking the rich and textured story of the Ashworths, an obscure yet prosperous free family of color who moved from Louisiana to Texas in the early 1830s, where they owned land, raised cattle, and bought and sold slaves. It is undoubtedly an unusual story; indeed in the history of the time there are surely more prominent names and more famous events. Yet their story reveals a tantalizing world in which—despite legal rules and conventional thinking—life …

Whistleblowers' Protection Legislation: In Search For Model For Nigeria, Ibrahim Sule

Ibrahim Sule

No abstract provided.

The Role Of International Law Firms And Multijural Legal Human Capital In The Harmonization Of Legal Regimes, Gillian K. Hadfield

Gillian K Hadfield

The problem of harmonizing legal rules across multiple overlapping legal orders is, in part, a problem of knowledge. If the public goal of harmonization is to promote value in transactions and dispute resolution, a legal regime needs institutions that facilitate the production of multijural human capital: expertise about how legal rules interact with each other and with the environment in which economic actors design transactions and dispute processing mechanisms. Because much of this expertise is embedded with the actors involved in transactions and disputes, the production of expertise has to be supported by adequate incentives for private actors to invest …

How The Cleveland Bar Became Segregated: 1870-1930, Robert N. Strassfeld

Robert N. Strassfeld

Abstract

Paper Title: How the Cleveland Bar Became Segregated: 1900-1930

This article examines the changing perimeters of professional opportunity and the professional choices made by Cleveland’s African American lawyers in the early twentieth century. At the turn of the century, the Cleveland bar could fairly be described as racially integrated. The openness of the bar and the response of African American lawyers shaped the day-to-day professional lives of those lawyers. This openness manifested itself in a number of interracial law practices, in a client base for black lawyers that was predominantly white, in the court appointment practices of white judges, …

Rule-Based Expression In Copyright Law, Jeffrey Malkan

Jeffrey Malkan

Should copyright be extended to a work of authorship that consists of rules for producing another work of authorship, or, conversely, to a work that owes its genesis to the application of such rules? If ‘yes’ for either, are ‘A’ and ‘B’ two separate works, or two dimensions of the same work? In the leading case, Southco, Inc. v. Kanebridge Corp., the plaintiff claimed copyright protection for the individual serial numbers generated by a set of proprietary numbering rules; similar issues, however, are raised by any work whose claim to originality comes from how its literal elements are structured, such …

Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov

Julie Novkov

In the Civil War and World War II, many men of color gained rights while women's rights were in retrograde. While World War I is not a perfect mirror image of the Civil War and World War II, it may make sense to think of World War I as reversing the polarities that were in operation in the two other major conflicts. To understand this dynamic, this paper will explore the kinds of claims that men of color and women made for rights based in forms of civic service and sacrifice, how those claims were met by various state actors, …

“Why Rebottle The Genie?”: Capitalizing On Closure In Death Penalty Proceedings, Jody L. Madeira

Jody L Madeira

Closure, though a term with great rhetorical force in the capital punishment context, has to date evaded systematic analysis, instead becoming embroiled in ideological controversy. For victims who have rubbed the rights lamp for years, inclusion in capital proceedings and accompanying closure opportunities are perceived as a force with the potential to grant wishes of peace and finality. Scholars, however, argue for rebottling the closure genie lest closure itself prove false or its pursuit violate a defendant’s constitutional rights. In order to effectively appraise the relationship of closure to criminal jurisprudence, however, and thus to decide whether and to what …

Day Labor Markets And Public Space, Gregg Kettles

Gregg Kettles

Day laborers standing on street corners have become a more common, and more controversial, sight in many U.S. cities. Taking them to be evidence of public disorder and illegal immigration out of control, some communities have responded by adopting the strategy of exclusion. They have revived the enforcement of ordinances against loitering and vagrancy, and changed traffic rules to discourage drivers from stopping to pick up workers. Other communities have responded by adopting the strategy of shelter. Viewing street corner day laborers as vulnerable, these communities have opened indoor work centers that offer job placement and other services. Both of …

Fanning The Flames Of Hatred: Torture, Targeting, And Support For Terrorism, Michael O'Connor, Celia M. Rumann

Celia M. Rumann

No abstract provided.

Fanning The Flames Of Hatred: Torture, Targeting, And Support For Terrorism, Michael O'Connor, Celia M. Rumann

Michael O'Connor

No abstract provided.

Natural Law And The Globalisation Of The Cheap Energy Mind, Kirk W. Junker

Kirk W Junker

No abstract provided.

Eyewitness Corroboration Requirements As Protections Against Wrongful Conviction: The Hidden Questions, David Crump

David Crump

Several commentators have suggested the adoption of a rule requiring corroboration of eyewitness identification testimony. The concern underlying this proposal has merit, because misidentifications probably account for the largest share of erroneous convictions. But no one has catalogued the possible side effects of such a rule. Would the proposal have bad effects on the control of crime? Would it produce disproportionate acquittals in some crime categories, so that it might amount to a “Violent Predator’s Relief Act”? Would it result in even greater oppression of innocent people? What do the proponents mean by “corroboration,” anyway? What corroboration should be deemed …

Heller, High Water(Mark)? Lower Courts And The New Right To Keep And Bear Arms, Brannon P. Denning, Glenn H. Reynolds

Brannon P. Denning

This article, written for a symposium held at the University of California-Hastings, surveys lower court decisions applying Heller and the right to keep and bear arms it recognized to federal, state, and local gun laws. While no laws have, to date, been invalidated -- in part because of the strong signals sent by the Heller Court in the opinion -- the Court's recognition that the Second Amendment guarantees an individual right has altered the way in which courts treat gun ownership and, in some cases, has caused non-judicial actors to legislate "in the shadow" of Heller.

Ontology, Epistemology, Axiology: Bases For A Comprehensive Theory Of Law, Eric A. Engle

Eric A. Engle

This article presents a comprehensive theory of law founded on correct ontological, epistemological and axiological bases and proposes that monism materialism and holism will have greater explanatory and predictive power than dualist, atomist and realist International Relations (IR) theory have had. The theory, though focussed on IR theory, is applicable to domestic law as well. Western thought has long been predicated on either an ontological materialism (matter determines mind) or an ontological idealism (eidetic realism: mind determines matter). Normally, the materialist view is also monist (reality is fundamentally unitary), whereas the idealist view is generally presented as dualist (reality is …

Afro America And The Third World In The Wake Of Hurricane Katrina, Ruth Gordon

Ruth Gordon

No abstract provided.

Application Of Article 82 Ec To Abusive Exclusionary Conduct – Refusal To Supply Or To License, Hans Henrik Lidgard

Hans Henrik Lidgard

Departing from fundamental concepts, this paper briefly recaps the case-law development with respect to refusal to deal on both sides of the Atlantic; revisits the EU Guidelines and recent U.S. development, and finally considers refusal to license. All with the purpose to understand whether the 2009 Guidelines actually restate the law as it stands today.

Divided We Fall: Religion, Politics, And The Lemon Entanglements Prong, Stephen M. Feldman

Stephen M. Feldman

The 2008 campaign for the presidency should remind Americans that mixing religion and politics can be dangerous. Polls show that more than half of American voters would hesitate to support a Mormon candidate. In terms of Establishment Clause doctrine, the entanglements prong of the Lemon test provides a mechanism for protecting political equality by ensuring against religiously-inspired political divisiveness. Yet, in recent years, numerous scholars and Supreme Court Justices have attacked the entanglements prong. Indeed, the Court has poked so many holes in the entanglements inquiry that it may no longer exist. This Article defends the political-divisiveness component of the …

The Oceans In The Nuclear Age: Challenges, Questions And Possibilities, David D. Caron, Harry N. Scheiber

David D. Caron

No abstract provided.

Conversations With The Law: Irony, Hyperbole, And Identity Politics Or Sake Pase? Wyclef Jean, Shottas, And Haitian Jack: A Hip-Hop Creole Fusion Of Rhetorical Resistance To The Law, Nick J. Sciullo

Nick J. Sciullo

This article sets out to prove why the law must be investigated in an interdisciplinary fashion which invites an in-tersection between law, popular culture, and identity politics. First, this article describes how Wyclef Jean, a hip-hop artist, is an active voice of legal criticism and why his criticism is important to a larger discussion of the law. Second, this paper develops a conception of Creole/Haitian legal studies and its importance as an analytical lens through which to perceive the law and legal institutions. Third, this piece formulates a rhetorical criticism n4 of the law through the rhe-torical terrain of Wyclef's …

Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890 Symposium: The Lawyer's Role In A Contemporary Democracy: Promoting Social Change And Political Values, Susan D. Carle

Susan D. Carle