Law Commons^™

Cuban Law & Legal Research: A Snapshot During The Deshielo: A Handout Prepared To Accompany Program D4, American Association Of Law Libraries Annual Meeting & Conference, Austin, Texas, July 17, 2017, Julienne Grant, Marisol Floren-Romero

Faculty Publications & Other Works

Researching Cuban law poses numerous challenges for U.S. researchers. These challenges run the gamut from an inadequate understanding of Cuban sources of law, to unwieldy government websites. This guide addresses those challenges head on by providing a snapshot of Cuban law and an assessment of Cuban legal resources. The guide served as a handout to accompany the program, “Cuban Law and Legal Research: A Snapshot During the Deshielo,” presented at the American Association of Law Libraries’ Annual Meeting & Conference on July 17, 2017, in Austin, Texas.

A Century Of Latino/Hispanic Graduates, Thomas M. Haney

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No abstract provided.

Social Justice And The American Law School Today: Since We Are Made For Love, Michael J. Kaufman

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No abstract provided.

How The Supreme Court's Misconstruction Of The Faa Has Affected Consumers, Margaret L. Moses

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Neither the drafters of the Federal Arbitration Act nor the Congress that adopted it intended for it to cover consumers or workers or displace state jurisdiction or state substantive law. The FAA was simply intended to provide a means for resolving disputes among commercial entities that might voluntarily choose to forego their rights to have their disputes settled in court, in favor of what they deemed to be a simpler and more efficient means of dispute resolution. That point, which is entirely beyond dispute, has been lost on the Supreme Court. In a series of cases over the past fifty …

A Diachronic Approach To Bob Jones: Religious Tax Exemptions After Obergefell, Samuel D. Brunson, David Herzig

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In Bob Jones University v. United States, the Supreme Court held that an entity may lose its tax exemption if it violates a fundamental public policy, even where religious beliefs demand that violation. In that case, the Court held that racial discrimination violated fundamental public policy. Could the determination to exclude same-sex individuals from marriage or attending a college also be considered a violation of fundamental public policy? There is uncertainty in the answer. In the recent Obergefell v. Hodges case that legalized same-sex marriage, the Court asserted that LGBT individuals are entitled to “equal dignity in the eyes of …

Cultivating Innovation In Precision Medicine Through Regulatory Flexibility At The Fda, Jordan Paradise

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No abstract provided.

Henry J. Richardson Iii: The Father Of Black Traditions Of International Law, James T. Gathii

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No abstract provided.

Regime Shifting Of Ip Law Making And Enforcement From The Wto To The International Investment Regime, James T. Gathii, Cynthia M. Ho

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No abstract provided.

Social Justice And Capitalism: An Assessment Of The Teachings Of Pope Francis From A Law And Macroeconomics Perspective, Steven A. Ramirez

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No abstract provided.

Let Prophets Be (Non) Profits, Samuel D. Brunson, David Herzig

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No abstract provided.

‘We Can't Tolerate That Behavior In This School!’: The Consequences Of Excluding Children With Behavioral Health Conditions And The Limits Of The Law, Kate Mitchell

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The disciplinary exclusion of children with behavioral health conditions is rampant in public schools in the United States. The practice of suspending and expelling students with behavioral challenges, caused in part by a lack of understanding of the causes of children's behavioral challenges and failures by schools to implement appropriate behavioral supports and interventions, results in the isolation and segregation of some of the most vulnerable students. Research has clearly established that these exclusionary practices are ineffective both in addressing behavioral challenges and in keeping schools safer. In fact, disciplinary removals result in lost educational opportunities, increased dropout risk, criminal …

Diversity, Compliance, Ethics & In-House Counsel, Steven A. Ramirez

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No abstract provided.

Police Union Contracts, Stephen Rushin

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This Article empirically demonstrates that police departments' internal disciplinary procedures, often established through the collective bargaining process, can serve as barriers to officer accountability.

Policymakers have long relied on a handful of external legal mechanisms like the exclusionary rule, civil litigation, and criminal prosecution to incentivize reform in American police departments. In theory, these external legal mechanisms should increase the costs borne by police departments in cases of officer misconduct, forcing rational police supervisors to enact rigorous disciplinary procedures. But these external mechanisms have failed to bring about organizational change in local police departments. This Article argues that state labor …

State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett

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No abstract provided.

De-Policing, Stephen Rushin, Griffin Sims Edwards

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Critics have long claimed that when the law regulates police behavior it inadvertently reduces officer aggressiveness, thereby increasing crime. This hypothesis has taken on new significance in recent years as prominent politicians and law enforcement leaders have argued that increased oversight of police officers in the wake of the events in Ferguson, Missouri has led to an increase in national crime rates. Using a panel of American law enforcement agencies and difference-in-difference regression analyses, this Article tests whether the introduction of public scrutiny or external regulation is associated with changes in crime rates. To do this, this Article relies on …

Human Rights In A Time Of Terror: Comparison Between Treatment In The European Courts Of Human Rights And The United States, Allen E. Shoenberger

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No abstract provided.

Internet Safe Harbors And The Transformation Of Copyright Law, Matthew Sag

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This Article explores the potential displacement of substantive copyright law in the increasingly important online environment. In 1998, Congress enacted a system of intermediary safe harbors as part of the Digital Millennium Copyright Act (DMCA). The internet safe harbors and the associated system of notice-and-takedown fundamentally changed the incentives of platforms, users, and rightsholders in relation to claims of copyright infringement. These different incentives interact to yield a functional balance of copyright online that diverges markedly from the experience of copyright law in traditional media environments. More recently, private agreements between rightsholders and large commercial internet platforms have been made …

Health Care Is Not A Typical Consumer Good And We Should Not Rely On Incentivized Consumers To Allocate It, Lawrence E. Singer

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No abstract provided.

From Selma To Ferguson: The Voting Rights Act As A Blueprint For Police Reform, Stephen Rushin

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The Voting Rights Act of 1965 revolutionized access to the voting booth. Rather than responding to claims of voter suppression through litigation against individual states or localities, the Voting Rights Act introduced a coverage formula that preemptively regulated a large number of localities across the country. In doing so, the Voting Rights Act replaced reactive, piecemeal litigation with a proactive structure of continual federal oversight. As the most successful civil rights law in the nation's history, the Voting Rights Act provides a blueprint for responding to one of the most pressing civil rights problems the country faces today: police misconduct. …

Leadership In Online Non-Traditional Legal Education: Lessons Learned & Questions Raised, Lawrence E. Singer

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No abstract provided.

How Much Of Health Care Antitrust Is Really Antitrust?, Spencer Weber Waller

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No abstract provided.

Campus Speech And Harassment, Alexander Tsesis

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No abstract provided.