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Full-Text Articles in Law

The Next Los Angeles: The Struggle For A Livable City, Regina Freer, Robert Gottlieb, Mark Vallianatos, Peter Dreier Dec 2015

The Next Los Angeles: The Struggle For A Livable City, Regina Freer, Robert Gottlieb, Mark Vallianatos, Peter Dreier

Mark Vallianatos

While most historians, journalists, and filmmakers have focused on Los Angeles as a bastion of corporate greed, business boosterism, political corruption, cheap labor, exploited immigrants, and unregulated sprawl, The Next Los Angeles tells a different story: that of the reformers and radicals who have struggled for alternative visions of social and economic justice. In a new preface, the authors reflect on the gathering momentum of L.A.'s progressive movement, including the 2005 landslide victory of Antonio Villaraigosa as mayor.


Voting Rights Act Reauthorization: Research-Based Recommendations To Improve Voting Access, Christopher Edley, Ana Henderson Dec 2015

Voting Rights Act Reauthorization: Research-Based Recommendations To Improve Voting Access, Christopher Edley, Ana Henderson

Ana Henderson

No abstract provided.


Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin Oct 2013

Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin

Robert Bloom

No abstract provided.


Beginnings Of The 'Innocence Revolution', Timothy O'Neill Dec 2006

Beginnings Of The 'Innocence Revolution', Timothy O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin


Howe V. Mgh And Hudson V. Texas Children's Hospital: Two Approaches To Resolving Family-Physician Disputes In End-Of-Life Care, Michael Moreland Nov 2006

Howe V. Mgh And Hudson V. Texas Children's Hospital: Two Approaches To Resolving Family-Physician Disputes In End-Of-Life Care, Michael Moreland

Michael P. Moreland

No abstract provided.


Transforming Into An International Lawyer, Susan Franck Nov 2006

Transforming Into An International Lawyer, Susan Franck

Susan D. Franck

No abstract provided.


Intersectionality And Identity: Revisiting A Wrinkle In Title Vii, Bradley Areheart Nov 2006

Intersectionality And Identity: Revisiting A Wrinkle In Title Vii, Bradley Areheart

Bradley A. Areheart

This article revisits intersectionality, a way of postulating legal identity. Simply put, intersectionality acknowledges that one person’s identity can never be reduced to solely one characteristic, such as religion or sex. Rather, each person’s identity is constructed of the various intersections of ways one might describe oneself.

In the legal context, intersectionality has typically arisen in cases of employment discrimination, where those who theoretically could file a claim under more than protected category are forced to choose only one for their claim—for example, parsing one’s identity as either race or sex, even though a statute like ...


Real-World Approach Leads Court To Dump Search, Timothy O'Neill Nov 2006

Real-World Approach Leads Court To Dump Search, Timothy O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin


Time Travel, Hovercrafts, And The Framers: James Madison Sees The Future And Rewrites The Fourth Amendment, George Thomas Nov 2006

Time Travel, Hovercrafts, And The Framers: James Madison Sees The Future And Rewrites The Fourth Amendment, George Thomas

George C Thomas III

The Framers could not have contemplated the interpretational problems that cloud the Fourth Amendment because police, in the modern sense, were unknown to the Framers. Also unknown to the Framers, of course, were wiretaps, drug interdiction searches, thermal imagining, helicopters, and blood tests. We can infer from the history surrounding the Fourth Amendment what the Framers hoped it would accomplish in their time. What if the Framers could have seen the future and known the kind of police techniques that are being used today? What kind of Fourth Amendment would they have written with that knowledge? This article seeks to ...


Thesis Paragraphs, Susan Duncan Oct 2006

Thesis Paragraphs, Susan Duncan

Susan Duncan

This short bar magazine article helps readers see the importance of including thesis paragraphs in their writing. The article suggests helpful tips for writing powerful thesis paragraphs.


Having One's Property And Eating It Too: When The Article 9 Security Interest Becomes A Nuisance, F. Knippenberg, Lawrence Ponoroff Oct 2006

Having One's Property And Eating It Too: When The Article 9 Security Interest Becomes A Nuisance, F. Knippenberg, Lawrence Ponoroff

F. Stephen Knippenberg

No abstract provided.


Google Book Search And Fair Use: Itunes For Authors, Or Napster For Books? Oct 2006

Google Book Search And Fair Use: Itunes For Authors, Or Napster For Books?

Hannibal Travis

Google plans to digitize the books from five of the world's biggest libraries into a keyword-searchable book-browsing library. Some publishers and authors allege that this constitutes a massive piracy of their copyrights in books not yet in the public domain. But I argue that Google Book Search may be a fair use for two interrelated reasons: it is unlikely to reduce the sales of printed books, and it promises to improve the marketing of books via an innovative book marketing platform featuring short previews. Books are an experience good in economic parlance, or a product that must be consumed ...


Advancing Diversity At The University Of California, Berkeley Under Proposition 209, Christopher Edley Oct 2006

Advancing Diversity At The University Of California, Berkeley Under Proposition 209, Christopher Edley

Christopher Edley

No abstract provided.


Copyright And Breathing Space, Joseph Liu Oct 2006

Copyright And Breathing Space, Joseph Liu

Joseph P. Liu

According to the U.S. Supreme Court, copyright law’s fair use and idea/expression doctrines are “built-in free speech safeguards” that establish a “definitional balance” between copyright and the First Amendment. Yet these “built-in free speech safeguards” are among the most uncertain and ill-defined doctrines in all of copyright law. If we accept the Supreme Court’s statement that these doctrines play a critical role as First Amendment safety valves, it follows that the chilling effect of uncertainty in these doctrines has a constitutional dimension. Current copyright law doctrine, however, fails to take into account the potential chilling effect ...


Requests, Commands Lost In Translation, Timothy O'Neill Oct 2006

Requests, Commands Lost In Translation, Timothy O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin


The Legal Framework Surrounding Digital Rights Management Technologies, Joseph Liu Oct 2006

The Legal Framework Surrounding Digital Rights Management Technologies, Joseph Liu

Joseph P. Liu

Providing legal framework for digital rights management.


Human Rights And Natural Disaster : The Indian Ocean Tsunami, Hope Lewis Sep 2006

Human Rights And Natural Disaster : The Indian Ocean Tsunami, Hope Lewis

Hope Lewis

Why should we focus on human rights in the aftermath of a natural disaster? Governments and the international community are obligated—legally, politically, and morally—to undertake recovery efforts in ways that are consistent with the human rights of those most affected by disaster.

The December 26, 2004, Indian Ocean tsunami took the lives of more than 200,000 children, women, and men. Hundreds of thousands more were injured and millions displaced. Recognized as one of the worst natural disasters in recorded human history, the Indian Ocean tsunami remains a global issue. People in fourteen countries were directly affected as ...


From 'Tragedy' To 'Disaster': Welfare Effects Of Commons And Anticommons Dilemmas, Sven Vanneste, Francesco Parisi, Alain Vanhiel, Ben Depoorter Sep 2006

From 'Tragedy' To 'Disaster': Welfare Effects Of Commons And Anticommons Dilemmas, Sven Vanneste, Francesco Parisi, Alain Vanhiel, Ben Depoorter

Ben Depoorter

In this paper, we explore the alleged symmetry between commons and anticommons dilemmas. Our experimental results reveal an interesting asymmetry. Anticommons situations generate greater opportunistic behavior than an equivalent commons dilemma (Study 1), and anticommons dilemmas yield a greater risk for underuse compared to commons dilemmas (Study 2). The results of the present study bring to light important deviations from the economic model, suggesting that other factors, such as behavioral attitudes towards property and psychological variables, affect cooperation differently in anticommons and commons dilemmas. Our findings complement the existing experimental literature on commons dilemmas and contradict the presumed economic symmetry ...


The Financial Services Lawyer's Bookshelf: A Selected Bibliography Of Payment, Clearing And Settlement Resources, Christian Johnson, Robert Steigerwald Sep 2006

The Financial Services Lawyer's Bookshelf: A Selected Bibliography Of Payment, Clearing And Settlement Resources, Christian Johnson, Robert Steigerwald

Christian A. Johnson

To understand today's payment, clearing and settlement systems, we must be aware that these arrangements rely to some extent upon financial and operational technologies that were developed in other times and circumstances.


Horizontal Political Externalities: The Supply And Demand Of Disaster Management, Ben Depoorter Sep 2006

Horizontal Political Externalities: The Supply And Demand Of Disaster Management, Ben Depoorter

Ben Depoorter

This Article discusses the dynamics of shared political accountability and provides a supply- and demand-side analysis of disaster management. Because multiple levels of government share political accountability in national scale disasters, disaster management is subject to a collective action problem. Introducing the concept of horizontal political externalities, this Article explains the shortcomings of disaster management in terms of asymmetric political accountability costs for ex ante preparedness and ex post relief. In the presence of shared accountability, investments in prevention and relief by one government actor confer positive externalities upon other government actors by reducing the overall chance of being held ...


Fantasies Of Defense Lawyers And Justices, Timothy O'Neill Sep 2006

Fantasies Of Defense Lawyers And Justices, Timothy O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin


No Thanks, Uncle Sam, You Can Keep Your Tax Break, James Edward Maule Aug 2006

No Thanks, Uncle Sam, You Can Keep Your Tax Break, James Edward Maule

James Edward Maule

This article addresses the question of whether income tax deductions are mandatory, or may be waived by the taxpayer when doing so generates a tax or non-tax benefit. What little authority exists suggests that deductions are optional except in two specific instances related to the computation of net earnings from self-employment. The increasing number of taxpayers subject to the alternative minimum tax, the amount of which can be reduced in many instances by foregoing deductions, makes it very likely that the question will reach the courts in the near future. This article concludes that aside from the two specific instances ...


The Rush To Limit Judicial Review, Jill Family Aug 2006

The Rush To Limit Judicial Review, Jill Family

Jill E. Family

Access to an independent judiciary with the power to hold the government accountable in its dealings with individuals is a founding principle of the United States. In contrast, imagine a system where there is no access to independent judgment; where, instead, the referee works for the opposing team. The House of Representatives took a step away from this founding principle by passing the Border Protection, Antiterrorism, and Illegal Immigration Control Act (H.R. 4437) on December 16, 2005. A provision of the bill would erode access to independent judgment by severely restricting access to the federal courts for individuals in ...


It's A Bird, It's A Plane, It's Felony Murder, Timothy P. O'Neill Aug 2006

It's A Bird, It's A Plane, It's Felony Murder, Timothy P. O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin


The Next Los Angeles: The Struggle For A Livable City, Regina Freer, Robert Gottlieb, Mark Vallianatos, Peter Dreier Jul 2006

The Next Los Angeles: The Struggle For A Livable City, Regina Freer, Robert Gottlieb, Mark Vallianatos, Peter Dreier

Regina Freer

While most historians, journalists, and filmmakers have focused on Los Angeles as a bastion of corporate greed, business boosterism, political corruption, cheap labor, exploited immigrants, and unregulated sprawl, The Next Los Angeles tells a different story: that of the reformers and radicals who have struggled for alternative visions of social and economic justice. In a new preface, the authors reflect on the gathering momentum of L.A.'s progressive movement, including the 2005 landslide victory of Antonio Villaraigosa as mayor.


The Use Of The Corporate Monitor In Sec Enforcement Actions, Jennifer O'Hare Jul 2006

The Use Of The Corporate Monitor In Sec Enforcement Actions, Jennifer O'Hare

Jennifer O'Hare

This paper addresses the SEC's recent use of the corporate monitor as ancillary relief in its enforcement actions. The corporate monitor represents the latest example of the SEC seeking to shift its enforcement responsibilities to the public companies it regulates. Focusing on the role played by the corporate monitor imposed by the SEC in its enforcement action brought against WorldCom, this paper considers some of the dangers posed by the use of the corporate monitor, such as the whether the appointment of a corporate monitor constitutes impermissible overreaching by the SEC. The paper recognizes that the corporate monitor can ...


The Legal Architecture Of Intergovernmental Transfers: A Comparative Examination, Sujit Choudhry, B. Perrin Jul 2006

The Legal Architecture Of Intergovernmental Transfers: A Comparative Examination, Sujit Choudhry, B. Perrin

Sujit Choudhry

No abstract provided.


Computers Make Everything Easier - Except Counting, Darin Fox Jul 2006

Computers Make Everything Easier - Except Counting, Darin Fox

Darin K. Fox

No abstract provided.


Boyd Ruling Still Shows Some Signs Of Life, Timothy O'Neill Jul 2006

Boyd Ruling Still Shows Some Signs Of Life, Timothy O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin


What Helen Palsgraf Could Teach Illinois, Timothy O'Neill Jun 2006

What Helen Palsgraf Could Teach Illinois, Timothy O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin