Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- SelectedWorks (125)
- Selected Works (37)
- University of Southern Maine (8)
- William & Mary Law School (5)
- Chicago-Kent College of Law (4)
-
- Duke Law (3)
- Florida International University College of Law (2)
- Seattle University School of Law (2)
- University of Baltimore (2)
- University of North Florida (2)
- Western State College of Law (2)
- American University Washington College of Law (1)
- Chapman University Dale E. Fowler School of Law (1)
- Cornell University Law School (1)
- Florida A&M University College of Law (1)
- Notre Dame Law School (1)
- Nova Southeastern University (1)
- Southern Methodist University (1)
- The University of Toledo (1)
- University at Buffalo School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of the District of Columbia School of Law (1)
- Washington and Lee University School of Law (1)
- Publication
-
- Nathan Berkeley (12)
- Torch: The Civil Rights Team Project Newsletter (8)
- Mark Strasser (7)
- Taunya Lovell Banks (5)
- William B Turner (5)
-
- All Faculty Scholarship (4)
- Duke Journal of Constitutional Law & Public Policy Sidebar (3)
- Joseph E Fahey (3)
- Rebecca E Zietlow (3)
- Scott A Steiner (3)
- Sheldon Nahmod (3)
- Bryan L Adamson (2)
- Clayton E Cramer (2)
- David B Kopel (2)
- Dean Lhospital (2)
- Debora L. Threedy (2)
- Faculty Publications (2)
- Lawrence Rosenthal (2)
- Mark A Cohen (2)
- Mark R. Brown (2)
- Michael H LeRoy (2)
- Michael J. Pitts (2)
- Popular Media (2)
- Prof. Eric Heinze, Queen Mary University of London (2)
- Saffy Collection - All Textual Materials (2)
- Thomas W Joo (2)
- todd brower (2)
- Alan Tauber (1)
- Alexander Tsesis (1)
- Alexander Zektser (1)
- Publication Type
- File Type
Articles 1 - 30 of 204
Full-Text Articles in Law
Electronic Commerce And Legal Protection For Consumers In Spain, Juan-Antonio Mondejar-Jimenez, Mª Angeles Zurilla-Cariñana, Jose Mondejar-Jimenez
Electronic Commerce And Legal Protection For Consumers In Spain, Juan-Antonio Mondejar-Jimenez, Mª Angeles Zurilla-Cariñana, Jose Mondejar-Jimenez
Juan-Antonio Mondejar-Jimenez
Electronic commerce is becoming increasingly common at international level. It is defined as “doing business electronically across the extended enterprise”, which includes all forms of business, administrative transactions and information exchanges in which any type of information or communication technology is used. It has also been defined as “the form of commerce that by using the services and links provided in electronic documents in the Internet, allows the customer to query, select and purchase a distributor's offer using a device that is connected to the Internet, in real time and at any time or place”. In Spain, the Information Society …
How Mandatory Are Mandatory Minimums? How Judges Can Avoid Imposing Mandatory Minimum Sentences, Nathan A. Greenblatt
How Mandatory Are Mandatory Minimums? How Judges Can Avoid Imposing Mandatory Minimum Sentences, Nathan A. Greenblatt
Nathan A Greenblatt
Mandatory minimum sentences are anathema to judges due to, it is commonly said, judges’ “utter lack of power to do anything for the exceptional defendants that move them.” In the case of Weldon Angelos, for example, U.S. District Judge Paul Cassell lamented that sentencing Mr. Angelos to 55 years in prison “is unjust, cruel, and even irrational. [The court] reluctantly concludes that it has no choice.” The Judicial Conference has consistently opposed mandatory minimum sentences for more than 50 years, because it, too, has concluded that mandatory sentences give judges no choice in sentencing. Indeed, the U.S. Sentencing Commission recently …
Original Public Understanding Of The Fourteenth Amendment As Reflected In The Print Media Of 1866-1868, David T. Hardy
Original Public Understanding Of The Fourteenth Amendment As Reflected In The Print Media Of 1866-1868, David T. Hardy
David T. Hardy
The controversy between 14th Amendment total incorporation under the privileges or immunities clause, and selective incorporation under its due process clause, has remained quiescent in recent years. Now, three cases pending in the lower Federal courts are making bids to revive the controversy that once generated a feud between Justice Black and Justice Frankfurter.
In the last Term, a majority of the Supreme Court accepted a variant of original public meaning as the key to ascertaining constitutional meaning; the focus of this interpretative methodology is not upon Congressional understanding in proposing a constitutional provision, but upon the likely understanding of …
The Mid-Century Civil Rights Movement: How America Was Changed Forever, Dylan Berg
The Mid-Century Civil Rights Movement: How America Was Changed Forever, Dylan Berg
Dylan Berg
The Mid-Century Civil Rights Movement: How America Was Changed Forever The Civil Rights Movement fought for African-American rights in America in the early 1900’s, and is still in some instances being fought today. However, in almost a century of fighting, the most dynamic and successful era of the Civil Rights Movement was the Mid-Century era. This article focuses on the Mid-Century moral and legislative victories, and the men who helped accomplish them. It includes Brown v. The Board of Education and the Voting Rights Act of 1965. It talks of two of the greatest rabble rousing orators ever to be …
Arizona V. Johnson: Determining When A Terry Stop Becomes Consensual, Ryan Thompson
Arizona V. Johnson: Determining When A Terry Stop Becomes Consensual, Ryan Thompson
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Fitzgerald V. Barnstable School Committee: Enforcement Of Constitutional Rights, Sarah Branstetter
Fitzgerald V. Barnstable School Committee: Enforcement Of Constitutional Rights, Sarah Branstetter
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Panetti V. Quarterman: Raising The Bar Against Executing The Incompetent, D. G. Maxted
Panetti V. Quarterman: Raising The Bar Against Executing The Incompetent, D. G. Maxted
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Brown And The Colorblind Constitution, Christopher W. Schmidt
Brown And The Colorblind Constitution, Christopher W. Schmidt
All Faculty Scholarship
This Essay offers the first in-depth examination of the role of colorblind constitutionalism in the history of Brown v. Board of Education. In light of the recent Supreme Court ruling in Parents Involved in Community Schools v. Seattle School Dist. No. 1 (2007), such an examination is needed today more than ever. In this case, Chief Justice John Roberts drew on the history of Brown to support his conclusion that racial classifications in school assignment policies are unconstitutional. Particularly controversial was the Chief Justice's use of the words of the NAACP lawyers who argued Brown as evidence for his colorblind …
Writings: Syrian American Women’S Club December 4, 2008, Edna Louise Saffy
Writings: Syrian American Women’S Club December 4, 2008, Edna Louise Saffy
Saffy Collection - All Textual Materials
Speeches: Presented to the Syrian American Women’s Club December 4, 2008 by Dr. Edna Saffy.
The Original Understanding Of The Political Status Of Indian Tribes, Matthew L.M. Fletcher
The Original Understanding Of The Political Status Of Indian Tribes, Matthew L.M. Fletcher
Matthew L.M. Fletcher
This Article will demonstrate that virtually all elements of Indian affairs can be traced to the decision of the United States to recognize Indian tribes as political entities and to make Indian law and policy based on the political status of Indian tribes. Indian law is often assumed to be race law. As a result, observers tend to try to force Indian law into the constitutional race law paradigm. Justice Blackmun’s footnote 24 in Morton v. Mancari – describing federal legislation and rules relating to Indian tribes as a political classification – hit upon the proper understanding of Indian law. …
Torch (December 2008), Brandon Baldwin, Civil Rights Team Project
Torch (December 2008), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Families Redefined: Kinship Groups That Deserve Benefits, Jane E. Cross, Charlene Smith, Nan Palmer
Families Redefined: Kinship Groups That Deserve Benefits, Jane E. Cross, Charlene Smith, Nan Palmer
Jane E Cross
In Families Redefined: Kinship Groups that Deserve Benefits, the authors examine 1) the nature of kinship families, 2) the benefits accorded to married couples, 3) kinship families that lack protection and benefits, 4) the impact of denying kinship protection and benefits, 5) the use of contract law in kinship relationship and 6) using legislation to benefit kinship relationships.
This exploration of expanding family law protections to kinship groups addresses a series of interrelated topics. The first two sections of the article explore the characteristics and creation of kinship families in different societies. The third section addresses the legal benefits provided …
Modern Disparities In Legal Education: Emancipation From Racial Neutrality, David Mears
Modern Disparities In Legal Education: Emancipation From Racial Neutrality, David Mears
David Mears
Abstract
Wealth, leadership and political power within any democratic society requires the highest caliber of a quality legal education. The Black experience is not necessarily a unique one within legal education but rather an excellent example of either poor to substandard quality disseminated unequally among racial and socioeconomic stereotypes based upon expected outcomes of probable success or failure. It is often said, “Speak and so it will happen” – many within the halls of academia work hard to openly predict failure yet seemingly do very little to foster success internally within the academic procedures and processes based on the customer …
Northwest Austin Municipal Utility District Number One V. Mukasey: The Supreme Court's Opportunity To Examine And Clarify The Law Surrounding Section 5 Of The Voting Rights Act, Matthew C. Dahl
Matthew C. Dahl
No abstract provided.
People As Crops, Evelyn L. Wilson
People As Crops, Evelyn L. Wilson
Evelyn L. Wilson
In 1807, Congress passed a law prohibiting the importation of slaves. The South began to feel the effect of labor shortages and prices escalated. To meet this demand, farmers in the upper south states, especially Virginia, began the systematic breeding of slaves for sale to the southwest. Through the use of statements from Virginia statesmen and from some of Virginia’s former slaves, my paper discusses slave breeding, first as a consequence of slavery, as an added benefit to the labor obtained from the slave.
My father was born in Virginia, as was his father, as was his father, as was …
A Proposal For Establishing Specialized Federal And State "Takings Courts", John Martinez
A Proposal For Establishing Specialized Federal And State "Takings Courts", John Martinez
John Martinez
A Proposal for Establishing
Specialized Federal and State "Takings Courts"
By John Martinez, Professor of Law
S.J. Quinney College of Law
at the University of Utah
ABSTRACT
Takings doctrine is a mess. This article proposes that we just accept that -- and establish specialized federal and state "takings courts" for adjudicating takings claims.
In 1978 the United States Supreme Court confessed that takings analysis is hopelessly ad hoc. And in 2005, the Court abrogated a test for takings which it had followed for 25 years. Indeed, some scholars have even resigned themselves to embracing vagueness as a virtue in takings …
Torch (November 2008), Brandon Baldwin, Civil Rights Team Project
Torch (November 2008), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Banks
Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Banks
Taunya Lovell Banks
Despite increasing support for global human rights ..., some scholars and constitutional democracies, like the United States, continue to resist constitutionalizing socio-economic rights. Socio-economic rights, unlike political and civil constitutional rights that usually prohibit government actions, are thought to impose positive obligations on government. As a result, constitutionalizing socio-economic rights raises questions about separation of powers and the competence of courts to decide traditionally legislative and executive matters. ... [W]hen transitional democracies, like South Africa, choose to constitutionalize socio-economic rights, courts inevitably must grapple with their role in the realization of those rights.... Two questions immediately come to mind: (1) …
"Throwing Away The Key: An Examination Of New York's Sex Offender Civil Commitment Statute", Joseph E. Fahey
"Throwing Away The Key: An Examination Of New York's Sex Offender Civil Commitment Statute", Joseph E. Fahey
Joseph E Fahey
No abstract provided.
A Decade Later: The Attack Against Critical Racetheory In Defense Of Reason, Raul Vargas
A Decade Later: The Attack Against Critical Racetheory In Defense Of Reason, Raul Vargas
raul vargas
This article adresses, in detail, the savage attack against Critical Race Theory initiated by the release of Farber and Sherry's "Beyond All Reason: The Radical Assault on Truth in American Law" in 1997-98. In particular, focus is on its decade-long ramifications and the utter absence of intelectual virtues this attack introduced. Raul Vargas DePaul University College of Law, J.D. University of Chicago, Committe on the Humanities/Social Thought, M.A. Syracuse University, Department of Philosophy, Ph.D. Candidate
Activism And Terrorism, Timothy Zick
Crowning The New King: The Statutory Arbitrator And The Demise Of Judicial Review, Michael H. Leroy
Crowning The New King: The Statutory Arbitrator And The Demise Of Judicial Review, Michael H. Leroy
Michael H LeRoy
Judicial review of arbitration awards is highly deferential, but when does it become rubber stamping? Using original data, I find that federal courts vacated only 4.3 percent of 162 disputed awards. Nearly the same result was observed for a sub-sample of 44 employment discrimination awards under Title VII. By comparison, federal appeals courts in 2006 reversed 12.9 percent of 5,917 rulings made by civil court judges on the merits of legal claims.
Why are the rulings of Article III judges scrutinized more than the awards of citizen-arbitrators? What does this mean when companies can avoid Article III court rulings by …
The Sanctity Of Polling Places, Timothy Zick
When Immigration Borders Move, Huyen T. Pham
When Immigration Borders Move, Huyen T. Pham
Huyen T. Pham
With our recent immigration enforcement efforts, we have created a new paradigm of moving borders: laws enacted at all levels of government that require proof of legal immigration status in order to obtain essential benefits like a driver’s license, a job, and rental housing. Without proof of legal status, the applicant is denied an important benefit; after cumulative denials, the applicant can be effectively denied the ability to live in the United States. What are the implications of moving border laws? Now, more than ever, proof of legal immigration status has become centrally important, not just to gain admission at …
The Emerging First Amendment Law Of Managerial Prerogative, Lawrence Rosenthal
The Emerging First Amendment Law Of Managerial Prerogative, Lawrence Rosenthal
Lawrence Rosenthal
In Garcetti v. Ceballos, the Supreme Court, by the narrowest of margins, held that allegations of police perjury made in memoranda to his superiors by Richard Ceballos, a supervisory prosecutor in the Los Angeles County District Attorney’s office, were unprotected by the First Amendment because “his expressions were made pursuant to his duties. . . .” The academic reaction to this holding has been harshly negative; scholars argue that the holding will prevent the public from learning of governmental misconduct that is known only to those working within the bowels of the government itself.
This article rejects the scholarly consensus …
Torch (October 2008), Brandon Baldwin, Civil Rights Team Project
Torch (October 2008), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer
Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer
Faculty Publications
Much has been made of the Supreme Court's recent pronouncements on federal civil pleading standards during the latter half of the 2006-2007 Term. Specifically, what will be the fallout from the Court's decision in Bell Atlantic Corp. v. Twombly, a case that abrogated Conley v. Gibson's famous "no set of facts" formulation and supplanted it with a new plausibility pleading standard? This Article attempts to examine and distill the impact of Twombly on the pleading standards that lower federal courts are applying when scrutinizing civil rights claims. Two main approaches emerge: that of courts choosing to continue to apply a …
Equal Sentences For Unequal Participation: Should The Eighth Amendment Allow All Juvenile Murder Accomplices To Receive Life Without Parole?, Brian Gallini
Brian Gallini
Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Fairness And The Distribution Of Primary Goods, Nathan W. Dean
Fairness And The Distribution Of Primary Goods, Nathan W. Dean
Nathan W. Dean
I consider whether any one of the schemes of distributive justice envisioned by John Rawls, Robert Nozick, or G.A. Cohen is truly fair. By means of a close and critical reading of their work on distributive justice, I conclude that their schemes of distributive justice in some instances fail to correct for elements of unfairness and at other times introduce unfairness in the furtherance of other largely unacknowledged ends. More specifically, I (1) describe the ways in which Rawls, Nozick, and Cohen fail to show us what a fair scheme of distributive justice would look like, (2) sketch what I …