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Full-Text Articles in Law

An International Treaty For Animal Welfare, David S. Favre Aug 2012

An International Treaty For Animal Welfare, David S. Favre

Faculty Publications

Currently there is no international agreement that ensures the welfare and protection of animals. Nor is there any international standard that regulates and defines the acceptable treatment of animals. This lack of international consensus leads to the current disparate treatment of animals around the world, echoing the need for an international framework addressing the issue. This Article discusses a proposed umbrella treaty, the International Convention for the Protection of Animals (ICPA). This umbrella treaty would enable animal welfare issues to gain international recognition and protection by setting the general guidelines and polices regarding the treatment and use of animals. This ...


The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law, Lumen N. Mulligan, Glen Staszewski Jun 2012

The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law, Lumen N. Mulligan, Glen Staszewski

Faculty Publications

In this Article, we argue that the U.S. Supreme Court should route most Federal Rules of Civil Procedure issues through the notice-and-comment rulemaking process of the Civil Rules Advisory Committee instead of issuing judgments in adjudications, unless the Court can resolve the case solely through the deployment of traditional tools of statutory interpretation. While we are not the first to express a preference for rulemaking on civil procedure issues, we advance the position in four significant ways. First, we argue that the Supreme Court in the civil procedure arena is vested with powers analogous to most administrative agencies. Second ...


An End To End-To-End? A Review Essay Of Barbara Van Schewick's Internet Architecture And Innovation, Adam Candeub May 2012

An End To End-To-End? A Review Essay Of Barbara Van Schewick's Internet Architecture And Innovation, Adam Candeub

Faculty Publications

No abstract provided.


David Getches: A Tribute To A Leader And A Scholar, Matthew L.M. Fletcher, Kristen A. Carpenter Apr 2012

David Getches: A Tribute To A Leader And A Scholar, Matthew L.M. Fletcher, Kristen A. Carpenter

Faculty Publications

No abstract provided.


California V. Cabazon Band: A Quarter-Century Of Complex, Litigious Self-Determination, Matthew L.M. Fletcher Apr 2012

California V. Cabazon Band: A Quarter-Century Of Complex, Litigious Self-Determination, Matthew L.M. Fletcher

Faculty Publications

No abstract provided.


Statistical Proof Of Racial Discrimination In The Use Of Peremptory Challenges: The Impact And Promise Of The Miller-El Line Of Cases As Reflected In The Experience Of One Philadelphia Capital Case, David C. Baldus, Catherine M. Grosso, Robert Dunham, George Woodworth, Richard Newell Jan 2012

Statistical Proof Of Racial Discrimination In The Use Of Peremptory Challenges: The Impact And Promise Of The Miller-El Line Of Cases As Reflected In The Experience Of One Philadelphia Capital Case, David C. Baldus, Catherine M. Grosso, Robert Dunham, George Woodworth, Richard Newell

Faculty Publications

The jurisprudence that has developed in the last twenty-five years under Batson v. Kentucky may be fairly described as indeterminate, unprincipled, and generally ineffective. Scholarly literature points to a variety of reasons for this state of affairs. This Article focuses on one source of the problem— the lack of clarity in the law concerning the evidentiary framework (methodology) needed for a reliable analysis of statistical evidence in Batson cases. United States Supreme Court decisions beginning with Miller-El v. Cockrell (2003) and continuing through Miller-El v. Dretke (2005), Johnson v. California (2005), and Snyder v. Louisiana (2008) clarified a number of ...


A Stubborn Legacy: The Overwhelming Importance Of Race In Jury Selection In 173 Post-Batson North Carolina Capital Trials, Catherine M. Grosso, Barbara O'Brien Jan 2012

A Stubborn Legacy: The Overwhelming Importance Of Race In Jury Selection In 173 Post-Batson North Carolina Capital Trials, Catherine M. Grosso, Barbara O'Brien

Faculty Publications

Among those who laud its mission, it seems that the only people not disappointed in Batson are those who never expected it to work in the first place. Scholars, judges, and practitioners have criticized the decision for its failure to curb the role of racial stereotypes in jury election. Likewise, previous research in North Carolina has suggested both that race continues to play a role in jury selection and that courts are reluctant to enforce Batson rigorously. Recently, however, the North Carolina General Assembly passed legislation aimed at curing this defect by providing trial courts a unique opportunity to consider ...


Explaining, Defending, And Exporting The Socratic Method, Brian C. Kalt Jan 2012

Explaining, Defending, And Exporting The Socratic Method, Brian C. Kalt

Faculty Publications

No abstract provided.


The Ninth Amendment In Congress, Brian C. Kalt Jan 2012

The Ninth Amendment In Congress, Brian C. Kalt

Faculty Publications

No abstract provided.


Indian Tribes And Human Rights Accountability, Wenona T. Singel Jan 2012

Indian Tribes And Human Rights Accountability, Wenona T. Singel

Faculty Publications

No abstract provided.


Legal Political Moral Hazard: Does The Dodd-Frank Act End Too Big To Fail?, Troy S. Brown Jan 2012

Legal Political Moral Hazard: Does The Dodd-Frank Act End Too Big To Fail?, Troy S. Brown

Faculty Publications

No abstract provided.


Gender And The Legal Profession's Pipeline To Power, Hannah Brenner, Renee Newman Knake Jan 2012

Gender And The Legal Profession's Pipeline To Power, Hannah Brenner, Renee Newman Knake

Faculty Publications

No abstract provided.


Expansive Reach - Useless Guidance: An Introduction To The U.K. Bribery Act 2010, Bruce Winfield Bean, Emma H. Macguidwin Jan 2012

Expansive Reach - Useless Guidance: An Introduction To The U.K. Bribery Act 2010, Bruce Winfield Bean, Emma H. Macguidwin

Faculty Publications

No abstract provided.


Cultural Narratives Of The Legal Profession: Law School, Scamblogs, Hopelessness, And The Rule Of Law, Daniel D. Barnhizer Jan 2012

Cultural Narratives Of The Legal Profession: Law School, Scamblogs, Hopelessness, And The Rule Of Law, Daniel D. Barnhizer

Faculty Publications

No abstract provided.


Folklore 2.0: Preservation Through Innovation, Sean A. Pager Jan 2012

Folklore 2.0: Preservation Through Innovation, Sean A. Pager

Faculty Publications

No abstract provided.


The Agency Class Action, Michael D. Sant'ambrogio, Adam S. Zimmerman Jan 2012

The Agency Class Action, Michael D. Sant'ambrogio, Adam S. Zimmerman

Faculty Publications

No abstract provided.


Further To Professor Alldridge's "Caffeinated" Article: What "Stuff' Did The Professor Have In Mind?, Bruce Bean Jan 2012

Further To Professor Alldridge's "Caffeinated" Article: What "Stuff' Did The Professor Have In Mind?, Bruce Bean

Faculty Publications

No abstract provided.


Chapter 11 Triage: Diagnosing A Debtor's Prospects For Success, Anne Lawton Jan 2012

Chapter 11 Triage: Diagnosing A Debtor's Prospects For Success, Anne Lawton

Faculty Publications

No abstract provided.


Tribal Membership And Indian Nationhood, Matthew L.M. Fletcher Jan 2012

Tribal Membership And Indian Nationhood, Matthew L.M. Fletcher

Faculty Publications

No abstract provided.


The Availability Of Injunctive Relief In Commercial Disputes, Daniel N. Adams, Daniel W. Linna Jr. Jan 2012

The Availability Of Injunctive Relief In Commercial Disputes, Daniel N. Adams, Daniel W. Linna Jr.

Faculty Publications

No abstract provided.


A Basic Introduction To Constitutional Free Exercise Of Religion In The United States And Japan, Frank S. Ravitch Jan 2012

A Basic Introduction To Constitutional Free Exercise Of Religion In The United States And Japan, Frank S. Ravitch

Faculty Publications

No abstract provided.


Law, Religion And Science - Determining The Role Religion Plays In Shaping Scientific Inquiry In Constitutional Democracies - The Case Of Intelligent Design, Frank S. Ravitch Jan 2012

Law, Religion And Science - Determining The Role Religion Plays In Shaping Scientific Inquiry In Constitutional Democracies - The Case Of Intelligent Design, Frank S. Ravitch

Faculty Publications

No abstract provided.


Why Alimony?, Cynthia Lee Starnes Jan 2012

Why Alimony?, Cynthia Lee Starnes

Faculty Publications

No abstract provided.


Intentional Parenthood's Influence: Rethinking Procreative Autonomy And Federal Paternity Establishment Policy, Melanie B. Jacobs Jan 2012

Intentional Parenthood's Influence: Rethinking Procreative Autonomy And Federal Paternity Establishment Policy, Melanie B. Jacobs

Faculty Publications

No abstract provided.


Race And Interest Convergence In Ncaa Sports, Amy C. Mccormick, Robert A. Mccormick Jan 2012

Race And Interest Convergence In Ncaa Sports, Amy C. Mccormick, Robert A. Mccormick

Faculty Publications

No abstract provided.


Democratizing The Delivery Of Legal Services, Renee Newman Knake Jan 2012

Democratizing The Delivery Of Legal Services, Renee Newman Knake

Faculty Publications

No abstract provided.


Political Reasons, Deliberative Democracy, And Administrative Law, Glen Staszewski Jan 2012

Political Reasons, Deliberative Democracy, And Administrative Law, Glen Staszewski

Faculty Publications

No abstract provided.


Lovers, Parents, And Partners: Disentangling Spousal And Co-Parenting Commitments, Cynthia Lee Starnes Jan 2012

Lovers, Parents, And Partners: Disentangling Spousal And Co-Parenting Commitments, Cynthia Lee Starnes

Faculty Publications

No abstract provided.


Gayborhoods: Intersections Of Land Use Regulation, Sexual Minorities, And The Creative Class, Charles J. Ten Brink Jan 2012

Gayborhoods: Intersections Of Land Use Regulation, Sexual Minorities, And The Creative Class, Charles J. Ten Brink

Faculty Publications

No abstract provided.


Racial Discrimination In The Administration Of The Death Penalty: The Experience Of The United States Armed Forces (1984-2005), David C. Baldus, Catherine M. Grosso, George Woodworth, Richard Newell Jan 2012

Racial Discrimination In The Administration Of The Death Penalty: The Experience Of The United States Armed Forces (1984-2005), David C. Baldus, Catherine M. Grosso, George Woodworth, Richard Newell

Faculty Publications

This Article presents evidence of racial discrimination in the administration of the death penalty in the United States Armed Forces from 1984 through 2005. Our database includes military prosecutions in all potentially death-eligible cases known to us (n=105) during that time period.

Over the last thirty years, studies of state death-penalty systems have documented three types of evidence of racial disparities in the treatment of similarly situated death-eligible offenders. The most common disparity or “race effect” is that capital charging and sentencing decisions are applied more punitively in cases involving one or more white victims than they are in ...