Law Commons^™

The South African Judicial Appointments Process, Penelope Andrews

Articles & Chapters

Consideration of racial and gender diversity, and to a lesser extent disability and sexual orientation diversity, has propelled the transformation of the judiciary in South Africa. This consideration is underpinned by both the stated and unstated assumption that a majority white judiciary cannot adequately and fairly serve and deliver justice to a majority black population. The very legitimacy of the judiciary, and indeed the project of constitutional democracy, is contingent on a bench that reflects the racial and gender diversity of the society. Moreover, with equality as the primary principle in the "Bill of Rights," the judiciary has to accommodate …

Deductibility Of Treble Damages Paid For Breach Of National Health Service Corps Scholarship Contracts: The Misuse Of I.R.C. 265(A)(1) In Stroud V. United States And Of The Origin Of The Claim Test In Keane V. Commissioner, Richard C.E. Beck

Articles & Chapters

A deduction for treble damages paid for breach of the taxpayer's National Health Service Corps medical service obligation was erroneously denied under IRC 265(a)(1) in 'Stroud v. US', 906 F. Supp. 990 (1995). The provision does not apply because taxpayer's damages were not a cost of earning a tax-exempt scholarship which had been received many years earlier, but rather a deductible cost of buying out one employment obligation in order to earn taxable income in another. The history of IRC 265(a)(1) is analyzed and criticized. In 'Keane v. CIR', 75 TCM 2046 (1998), the taxpayer's deduction for current interest on …

Gender Stereotyping: Expanding The Boundaries Of Title Vii: Proceedings Of The 2006 Annual Meeting, Association Of American Law Schools, Section On Employment Discrimination Law, Michelle A. Travis, Arthur S. Leonard, Joann Williams, Mirriam Cherry

Articles & Chapters

No abstract provided.

Transnational Criminal Law And Procedure: An Introduction, Sadiq Reza

Articles & Chapters

This preface to papers from the criminal law and procedure panels of the AALS Workshop on Integrating Transnational Legal Perspectives Into the First-Year Curriculum, which took place in Washington D.C. in January 2006, suggests a typology of transnational criminal matters - namely, matters of foreign criminal law or procedure, comparative criminal law or procedure, international criminal law or procedure, and extraterritorial aspects of domestic criminal law or procedure - and points readers to other publications on teaching transnational criminal matters in law school. The piece thus introduces the reader not only to the papers from the workshop but to teaching …

Tribute To Justice Antonin Scalia, Nadine Strossen

Articles & Chapters

No abstract provided.

The Authoritative Moment: Exploring The Boundaries Of Interpretation In The Recognition Of Queer Families, Kris Franklin

Articles & Chapters

This article examines the boundaries of judicial interpretation as courts struggle to define the families formed by lesbians, gay men and transexuals. It compares the jurisprudence of numerous state courts examining queer families in different contexts. The article identifies three interwoven components of judicial reasoning: "lex" reasoning, grounded in the jurisdiction's binding and persuasive law; factual reasoning in which the courts must categorize queer families as analogous to those the law already recognizes or instead as something quite new and distinct; and finally methodological reasoning, in which courts self-consciously examine the boundaries of their own interpretive authority. Showing that in …

You Got No Secrets To Conceal: Considering The Application Of The Tarasoff Doctrine Abroad, Michael L. Perlin

Articles & Chapters

No abstract provided.

The Most Dangerous Profession, Rebecca Roiphe

Articles & Chapters

This article chronicles the history of the accounting profession and explains how it has consistently failed to preserve transparency in the markets and protect the public good. I argue that the culture of the profession is due in part to the failure of earlier administrative agencies to retain private auditors for public functions such as ratemaking. Drawing on this insight, I suggest that the culture of professions in general is shaped by the work that professionals do and functions that the profession has historically served.

International Human Rights And Comparative Mental Disability Law: The Role Of Institutional Psychiatry In The Suppression Of Political Dissent, Michael L. Perlin

Articles & Chapters

For many years, institutional psychiatry was a major tool in the suppression of political dissent. Moreover, it appears painfully clear that, while the worst excesses of the past have mostly disappeared, the problem is not limited to the pages of history. What is more, the revelations of the worst of these abuses (and the concomitant rectification of many of them) may, paradoxically, have created the false illusion that all the major problems attendant to questions of institutional treatment and conditions in these nations have been solved. This is decidedly not so.

Remarkably, the issue of the human rights of persons …

Some Middle-Age Spread, A Few Mood Swings, And Growing Exhaustion: The Human Rights Movement At Middle Age, Penelope Andrews

Articles & Chapters

This paper was presented at a symposium, "The Scholar as Activist", dedicated to the work of Nadine Strossen, President of the ACLU. This paper focuses on the subject of international human rights law and the engagement of scholars as activists in this area of law. At fifty-plus years, and therefore soundly middle aged, the global human rights project today provides occasion for reflection and evaluation. This paper observes that human rights have increasingly become the language of progressive politics. In many ways, this focus on human rights globally echoes the struggle for civil liberties and civil rights in the United …

Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal And Their Legacy), Ruti Teitel

Articles & Chapters

No abstract provided.

Making America ‘The Land Of Second Chances’: Restoring Socioeconomic Rights For Ex-Offenders, Deborah N. Archer, Kele S. Williams

Articles & Chapters

No abstract provided.