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Articles 1 - 14 of 14
Full-Text Articles in Law
Proving Negligence In Products Liability Litigation, David G. Owen
Proving Negligence In Products Liability Litigation, David G. Owen
Faculty Publications
No abstract provided.
Culture Clash: Teaching Cultural Defenses In The Criminal Law Classroom, Susan S. Kuo
Culture Clash: Teaching Cultural Defenses In The Criminal Law Classroom, Susan S. Kuo
Faculty Publications
In the law school classroom, the Socratic method of legal analysis removes a dispute at issue in a given case from its sociocultural context and takes the cultural backgrounds of the parties into account only when they serve the legal argument. The language of the law commands law students to siphon off the emotional and cultural content because of the enduring belief that the law is neutral and impartial. Accordingly, cultural conflicts are deemed irrelevant to legal analysis because laws are unbiased and culture-blind. This detached outlook has been termed perpectivelessness to denote a neutral, odorless, colorless non-perspective.
This essay …
Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Josh Gupta-Kagan
Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Josh Gupta-Kagan
Faculty Publications
This essay presents one doctrinal method for lawyers to defend children accused of criminal charges in juvenile or adult court: attacking the applicability of the twenty-year old case, New Jersey v. T.L.O., to most school searches. T.L.O. based its application of a lower standard for searches of students by school officials on the presumption that firm gates separate public school from law enforcement and criminal justice institutions. Later administrative search cases inside and outside of the school context show that tee lower standard of T.L.O. depends entirely on programmatic purposes that distinguish school systems and ordinary law enforcement. Porous schoolhouse …
The Puzzle Of Comment J, David G. Owen
Property Rights And Sacred Sites: Federal Regulatory Responses To American Indian Religious Claims On Public Land, Marcia A. Yablon-Zug
Property Rights And Sacred Sites: Federal Regulatory Responses To American Indian Religious Claims On Public Land, Marcia A. Yablon-Zug
Faculty Publications
No abstract provided.
Toward A Better Benchmark: Assessing The Utility Of Not-At-Fault Traffic Crash Data In Racial Profiling Research, Geoffrey P. Alpert, Michael R. Smith, Roger G. Dunham
Toward A Better Benchmark: Assessing The Utility Of Not-At-Fault Traffic Crash Data In Racial Profiling Research, Geoffrey P. Alpert, Michael R. Smith, Roger G. Dunham
Faculty Publications
As studies on racial profiling and biased policing have begun to proliferate, researchers are debating which benchmark is most appropriate for comparison with police traffic stop data. Existing benchmark populations, which include populations estimated from census figures, licensed drivers, arrestees, reported crime suspects, and observed drivers and traffic violators, all have significant limitations. This article offers a new, alternative benchmark for police traffic stops, a benchmark that has not been previously applied or tested in a racial profiling research setting. The analysis presented compares traffic observation data, gathered at selected, high volume intersections during an ongoing racial profiling study in …
The Chevron Two-Step And The Toyota Sidestep: Dancing Around The Eeoc's Disability Regulations Under The Ada, Lisa A. Eichhorn
The Chevron Two-Step And The Toyota Sidestep: Dancing Around The Eeoc's Disability Regulations Under The Ada, Lisa A. Eichhorn
Faculty Publications
The definition of "disability" is among the most frequently litigated issues under the Americans with Disabilities Act ("ADA") because the statute protects only individuals with disabilities. The ADA defines a disability, in part, as an impairment that substantially limits a major life activity, and the EEOC has issued a regulation further defining the term "substantially limits" for purposes of the Act's employment-related provisions. Although the EEOC's regulation is the product of a valid rulemaking process and is entitled to a high degree of deference under settled administrative law principles, the Supreme Court, in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, …
A Wolf In Sheep's Clothing: Wolf V. Ashcroft And The Constitutionality Of Using Mpaa Ratings To Censor Films In Prison, Colin Miller
A Wolf In Sheep's Clothing: Wolf V. Ashcroft And The Constitutionality Of Using Mpaa Ratings To Censor Films In Prison, Colin Miller
Faculty Publications
No abstract provided.
The Ethics Of Using Judges To Conceal Wrongdoing, John P. Freeman
The Ethics Of Using Judges To Conceal Wrongdoing, John P. Freeman
Faculty Publications
No abstract provided.
Who Bears The Costs Of A Lawyer's Mistakes? -- Against Limited Liability, Martin Mcwilliams
Who Bears The Costs Of A Lawyer's Mistakes? -- Against Limited Liability, Martin Mcwilliams
Faculty Publications
No abstract provided.
Banishment From Within And Without: Analyzing Indigenous Sentencing Under International Human Rights Standards, Colin Miller
Banishment From Within And Without: Analyzing Indigenous Sentencing Under International Human Rights Standards, Colin Miller
Faculty Publications
No abstract provided.
Instruct The Jury: Crane's Serious Difficulty Requirement & Due Process, Kenneth Gaines
Instruct The Jury: Crane's Serious Difficulty Requirement & Due Process, Kenneth Gaines
Faculty Publications
No abstract provided.
Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo
Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo
Faculty Publications
No abstract provided.
Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo
Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo
Faculty Publications
Mob violence can inflict devastating costs. Although typically wrought by private individuals, the incidence of riot as well as extent of riot harm often turn on the adequacy of police preparation and planning. Under the English common law, local governments were responsible for providing riot protection for their denizens. In keeping with the English tradition, early state laws in the United States also provided for communal riot responsibility, and when the states ratified the Fourteenth Amendment, state obligations in the riot context were well-established. Despite the common law underpinnings of the governmental duty to protect citizens from mob violence, however, …