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Articles 181 - 209 of 209
Full-Text Articles in Law
Blood Relations: Collective Memory, Cultural Trauma, & The Prosecution & Execution Of Timothy Mcveigh, Jody Lynee Madeira
Blood Relations: Collective Memory, Cultural Trauma, & The Prosecution & Execution Of Timothy Mcveigh, Jody Lynee Madeira
Articles by Maurer Faculty
In the aftermath of the Oklahoma City bombing, processes of reconstruction - remembering victims, caring for family members and survivors, and punishing the perpetrators - began even as debris from the Murrah Federal Building was being cleared. Based on conclusions obtained from intensive interviews with 27 victims' family members and survivors, this article explores how memory of the bombing as a culturally traumatic event was constructed through participation in groups formed after the bombing and participation in the legal proceedings against perpetrators Timothy McVeigh and Terry Nichols. These acts cultivated the formation of various relationships - between family members and …
Back To The Beginning: An Essay On The Court, The Law Of Democracy, And Trust, Luis Fuentes-Rohwer
Back To The Beginning: An Essay On The Court, The Law Of Democracy, And Trust, Luis Fuentes-Rohwer
Articles by Maurer Faculty
The law of democracy is in a state of incoherence. The experiment begun by Baker v. Carr showed great promise yet soon gave way to disappointment. The promise was one of modest review and respect for political choices made elsewhere. A presumption was still against judicial involvement: absent self-entrenchment or distrust of political outcomes, the Court would stay its hand. But, the reality has been far from that. The presumption has now clearly shifted, and the Court intervenes in politically-charged controversies as a matter of course. This raises a question at the heart of the law of democracy: can we …
A Different Departure: A Reply To Shany's "Redrawing Maps, Manipulating Demographics: On Exchange Of Populated Territories And Self-Determination", Timothy W. Waters
A Different Departure: A Reply To Shany's "Redrawing Maps, Manipulating Demographics: On Exchange Of Populated Territories And Self-Determination", Timothy W. Waters
Articles by Maurer Faculty
Anyone reading Yuval Shany's response to my article, "The Blessing of Departure -- Exchange of Populated Territories: The Lieberman Plan as an Abstract Exercise in Demographic Transformation," would hardly characterize it as "agreement." In part this is because Shany builds his case by assuming I am saying something about self-determination that misses -- at least misplaces -- my real point. This is unfortunate, both as it masks the fact that Shany and I actually agree transfers can be legal, and it distracts attention from the points of real, substantive disagreement. The misreading is not an accident, rather the product of …
Killing Globally, Punishing Locally?: The Still-Unmapped Ecology Of Atrocity, Timothy W. Waters
Killing Globally, Punishing Locally?: The Still-Unmapped Ecology Of Atrocity, Timothy W. Waters
Articles by Maurer Faculty
No abstract provided.
Demise Of The Talented Tenth: Affirmative Action And The Increasing Underrepresentation Of Ascendant Blacks At Selective Educational Institutions, Kevin D. Brown, Jeannine Bell
Demise Of The Talented Tenth: Affirmative Action And The Increasing Underrepresentation Of Ascendant Blacks At Selective Educational Institutions, Kevin D. Brown, Jeannine Bell
Articles by Maurer Faculty
Over the past 30 years America has experienced both a substantial increase in the percentage of blacks multiracial blacks and an unprecedented influx of voluntary immigration of blacks primarily from Africa and the Caribbean. The percentage of foreign-born black immigrants reached 8% of the black population in 2005, and no doubt is higher today. There is evidence that suggests not only that multiracial blacks and foreign-born black immigrants and their sons and daughters constitute a disproportionate percentage of black students in selective higher education programs, but their percentages are larger than most people realize. This article addresses the resulting change …
Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown
Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Symposium: Race Across Boundaries: Introduction, Kevin D. Brown
Symposium: Race Across Boundaries: Introduction, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Economic Analysis Of Labor And Employment Law In The New Economy, Kenneth G. Dau-Schmidt, Alan Hyde, Michael Risch, Jagdeep Bhandari, Richard Block
Economic Analysis Of Labor And Employment Law In The New Economy, Kenneth G. Dau-Schmidt, Alan Hyde, Michael Risch, Jagdeep Bhandari, Richard Block
Articles by Maurer Faculty
No abstract provided.
Citators: Past, Present, And Future, Laura C. Dabney
Citators: Past, Present, And Future, Laura C. Dabney
Articles by Maurer Faculty
Citators are one of the oldest and most important tools in the legal researcher’s arsenal. They serve both as precautionary measures against bad law, and as a means of doing primary legal research. The evolution of citators plays an important role in the development of both the legal publishing industry and legal research itself. This article examines many aspects of the legal citator—its history, development, uses, and possible future.
Book Review. Governing Through Crime: How The War On Crime Transformed American Democracy And Created A Culture Of Fear By Jonathan Simon, Jeannine Bell
Articles by Maurer Faculty
No abstract provided.
Information Security Breaches: Looking Back & Thinking Ahead, Fred H. Cate
Information Security Breaches: Looking Back & Thinking Ahead, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
Mandatory Rules In Civil Litigation: Status Of The Doctrine Post-Globalization, Hannah Buxbaum
Mandatory Rules In Civil Litigation: Status Of The Doctrine Post-Globalization, Hannah Buxbaum
Articles by Maurer Faculty
For all the scholarly attention paid to the role of mandatory rules in civil litigation, the doctrine regarding their use has never been fully developed. Certainly courts considering contracts governed by foreign law will sometimes override that law, applying a mandatory rule of the forum in its place. But in its most expansive articulation, the "mandatory rules" theory would also permit courts in certain circumstances to apply the mandatory law of a third country - a direction in which courts have declined to go. This article examines one of the justifications forwarded by early proponents of this more expansive approach: …
Assessing Laws And Legal Authorities For Public Health Emergency Legal Preparedness, David Fidler, Brian Kamoie, Robert M. Pestronk, Peter Baldridge, Leah Devlin, George A. Mensah, Michael Doney
Assessing Laws And Legal Authorities For Public Health Emergency Legal Preparedness, David Fidler, Brian Kamoie, Robert M. Pestronk, Peter Baldridge, Leah Devlin, George A. Mensah, Michael Doney
Articles by Maurer Faculty
No abstract provided.
The Fair Housing Act And Extralegal Terror, Jeannine Bell
The Fair Housing Act And Extralegal Terror, Jeannine Bell
Articles by Maurer Faculty
This Article examines the implications the Fair Housing Act (FHA) has on anti-integrationist racial violence faced by racial and ethnic minority's integrating white neighborhoods. The first part of the article describes anti-integrationist violence as it occurs in two separate but distinct time periods the first occurring, before the passage of the FHA. The second time period that article addresses is the post-1968 era until the present day. In discussing the period since the passage of the Act, the article describes several important mechanisms in how the FHA functions as a remedy for extralegal violence. The Article concludes with a call …
Lessons Learned From Comparing The Application Of Constitutional Law And Anti-Discrimination Law To African Americans In The U.S. And Dalits In India In The Context Of Higher Education, Kevin D. Brown, Vinay Sitapati
Lessons Learned From Comparing The Application Of Constitutional Law And Anti-Discrimination Law To African Americans In The U.S. And Dalits In India In The Context Of Higher Education, Kevin D. Brown, Vinay Sitapati
Articles by Maurer Faculty
In this Article the authors will compare the development of constitutional law and federal anti-discrimination law in the context of higher education of African-Americans in the U.S. and Dalits in India. Both groups suffer from oppression and discrimination based upon a hereditary trait and related to their integration into mainstream society; neither group is completely isolated from the majority population responsible for the discrimination; and African-Americans and Dalits approximate similar percentages of their country's population. Based upon the 2000 census, African-Americans constitute 12.7% of the American populations, and, according to the 1991 Census Report of India, Dalits make up 16.5% …
Transnational Legal Practice 2006-07, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Robert Lutz, Peter D. Ehrenhaft
Transnational Legal Practice 2006-07, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Robert Lutz, Peter D. Ehrenhaft
Articles by Maurer Faculty
This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice rules. In other …
Methods Of Judicial Selection And Their Impact On Judicial Independence, Charles G. Geyh
Methods Of Judicial Selection And Their Impact On Judicial Independence, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Forging Fiscal Reform: Constitutional Change, Public Policy, And The Creation Of Administrative Capacity In Wisconsin, 1880-1920, Ajay K. Mehrotra
Forging Fiscal Reform: Constitutional Change, Public Policy, And The Creation Of Administrative Capacity In Wisconsin, 1880-1920, Ajay K. Mehrotra
Articles by Maurer Faculty
In 1911, Wisconsin became one of the first U.S. states to adopt an effectively administered income tax. Wisconsin reformers were able to overcome several institutional barriers to create the administrative capacity necessary to assess and collect a graduated income tax that in time raised significant revenue, but did not supplant the property tax. With this limited success, the Wisconsin income tax soon became a model for other states and even the national government. In this sense, Wisconsin was a leader in forging fiscal reform. Political activists, lawmakers, and other government actors in the Badger State led a turn-of-the-century property tax …
Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole De Bruin Phelan
Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole De Bruin Phelan
Articles by Maurer Faculty
Whether working for global or local organizations, lawyers today are increasingly faced with the prospect of working with colleagues and competitors who are diverse in terms of nationality, education and training, and with clients whose problems may be as locally-focused as a Chicago zoning matter or as distant as the acquisition of one non-U.S. company by another. The global forces shaping business and the practice of law are felt in legal education, too, and U.S. law schools occupy a leading role in educating domestic and non-U.S. students for practice in the transnational marketplace. In spite of this, however, the core …
Book Review. Einhorn, Robin L., American Taxation, American Slavery, Ajay K. Mehrotra
Book Review. Einhorn, Robin L., American Taxation, American Slavery, Ajay K. Mehrotra
Articles by Maurer Faculty
No abstract provided.
The Temporal Dimension Of Land Pollution: Another Perspective On Applying The Breaking The Logjam Principles To Waste Management, John S. Applegate
The Temporal Dimension Of Land Pollution: Another Perspective On Applying The Breaking The Logjam Principles To Waste Management, John S. Applegate
Articles by Maurer Faculty
Unlike air and water pollution, pollution from dangerous solid and liquid wastes on land remains a relatively concentrated, active hazard for long periods of time. Uncontrolled, land pollution moves through the environment slowly and often without significant diminution of toxicity. Persistence, in fact, is often regarded as the defining quality of dangerous land pollutants. Hazardous and nuclear waste regulation is very much concerned with the problem of maintaining the isolation of solid and liquid materials over decades, centuries, and even millennia, and, the author argues, there is good reason to believe that waste management practices and institutions are not well …
Working Class Judges, William D. Henderson, Christopher J. Zorn, Jason J. Czarnezki
Working Class Judges, William D. Henderson, Christopher J. Zorn, Jason J. Czarnezki
Articles by Maurer Faculty
In recent years, a steady chorus of dignitaries has decried the low pay of federal judges and suggested that the federal judiciary is on the brink of losing its best and its brightest. The persistent nature of these claims should give us pause. Scott Baker's recent study empirically evaluates these claims by examining the relationship between judicial salaries and the work habits and voting patterns of federal appellate judges. If large pay disparities are indeed eroding the quality of the federal bench, Baker theorizes this likely results in more ideological voting, fewer dissents, longer delays in issuing opinions, and a …
The Elastic Tournament: The Second Transformation Of The Big Law Firm, William D. Henderson, Marc Galanter
The Elastic Tournament: The Second Transformation Of The Big Law Firm, William D. Henderson, Marc Galanter
Articles by Maurer Faculty
In 1991, Galanter and Palay published 'Tournament of Lawyers: The Transformation of the Big Law Firm', which documented the regular and relentless growth of large U.S. law firms. The book advanced several structural and historical factors to explain these patterns, centering on the adoption of the promotion-to-partnership tournament. Systemic changes in the marketplace for corporate legal services in the intervening years suggest the need for an updated account of the modern large law firm. Using 'Tournament of Lawyers' as a starting point, we propose to fill this void in the literature. Marching through a wide array of empirical evidence covering …
Gender Politics, Gender Paradox: Establishing And Implementing Global Standards For The Promotion And Protection Of Women's Health, David P. Fidler
Gender Politics, Gender Paradox: Establishing And Implementing Global Standards For The Promotion And Protection Of Women's Health, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Global Health Jurisprudence: A Time Of Reckoning, David P. Fidler
Global Health Jurisprudence: A Time Of Reckoning, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Tax Appeal: A Proposal To Make The United States Tax Court More Judicial, Leandra Lederman
Tax Appeal: A Proposal To Make The United States Tax Court More Judicial, Leandra Lederman
Articles by Maurer Faculty
Accountability is a critically important protection for any justice system; its absence provides an opportunity for shortcuts that may undermine procedural fairness or even change case outcomes. Yet, the United States Tax Court, which is an Article I court, is not subject to Administrative Office of U.S. Courts or the U.S. Judicial Conference - institutions that serve and oversee the federal judiciary. In addition, because the Tax Court is not an administrative agency, it is not covered by the Administrative Procedure Act or the Freedom of Information Act. The principal source of oversight of Tax Court actions is appellate review. …
The Supreme Court And Indiana's Voter Id Law, David Williams
The Supreme Court And Indiana's Voter Id Law, David Williams
Articles by Maurer Faculty
No abstract provided.
Youth, Globalization, And The Law, Michael Grossberg
Youth, Globalization, And The Law, Michael Grossberg
Articles by Maurer Faculty
No abstract provided.
Government Data Mining: The Need For A Legal Framework, Fred H. Cate
Government Data Mining: The Need For A Legal Framework, Fred H. Cate
Articles by Maurer Faculty
The article examines the government's growing appetite for collecting personal data. Often justified on the basis of protecting national security, government data mining programs sweep up data collected through hundreds of regulatory and administrative programs, and combine them with huge datasets obtained from industry. The result is an aggregation of personal data - the "digital footprints" of individual lives - never before seen. These data warehouses are then used to determine who can work and participate in Social Security programs, who can board airplanes and enter government buildings, and who is likely to pose a threat in the future, even …