Law Commons^™

Little Girl Lost: Las Vegas Metro Police Vice Division And The Use Of Material Witness Holds Against Teenaged Prostitutes, Geneva O. Brown

Law Faculty Publications

This article explores the Las Vegas Metro Police Vice Division routine use of material witness holds to detain young prostitutes. The Juvenile court places the girls on material witness holds seeking their cooperation in the prosecution of their traffickers and pimps. The girls languish in detention awaiting the outcome of the adult cases in which they are the central or only witness. The use of material witness holds is reviewed through the historical perspective of government response to prostitution and the history of material witness holds. The article then argues that the detention of the girls, sometimes without charges, is …

Langdellian Limericks, D. A. Jeremy Telman

Law Faculty Publications

Christopher Columbus Langdell Used cases to teach the law well. So everyone thought, Except for distraught Students in Socratic hell.

Theirs is no lone cri de coeur. Now bashing Langdell’s de rigueur. Knowing case law alone, A young lawyer is prone To resemble a high-priced poseur.

After a part that rehearses Anti-Langdellian curses; The Author proceeds To attend to the needs Of students who learn best through verses.

Law And Economics As A Rhetorical Perspective In Law, Michael D. Murray

Law Faculty Publications

Law and Economics as a Rhetorical Perspective in Law

Michael D. Murray

Abstract

This article introduces twenty-first century law and economics as a school of contemporary legal rhetoric to test and improve general legal discourse in areas beyond the economic analysis of law. My article is the first to examine the prescriptive implications of the rhetoric of law and economics for general legal discourse as opposed to examining the benefits and limitations of the economic analysis of law itself. This article advances the conversation in two areas: the study and understanding of the persuasiveness of law and economics and the …

Low Cost Alternatives For Legal Research: Using Casemaker And Loislaw, Emily Janoski-Haehlen

Law Faculty Publications

No abstract provided.

Women And Children Last: The Prosecution Of Sex Traffickers As Sex Offenders And The Need For A Sex Trafficker Registry, Geneva Brown

Law Faculty Publications

Sex trafficking is a moral and legal tragedy that affects thousands in the United States and abroad. The U.S. State Department estimates that human traffickers bring between 14,500 and 17,500 persons annually into the United States for various avenues of exploitation, including involuntary servitude and forced prostitution. Human traffickers are highly organized into criminal syndicates that reap exponential profits exploiting vulnerable women and children. Individual states struggle to prosecute traffickers and must rely on federal prosecution of trafficking enterprises. International cooperation with local law enforcement is essential in combating trafficking, especially in the sex trade. This Article proposes that an …

Canines In The Classroom: Service Animals In Primary And Secondary Educational Institutions, Rebecca J. Huss

Law Faculty Publications

This Article focuses on the issue of whether a child with a disability has the legal right to attend a primary or secondary school with a service animal. It begins by setting forth basic information regarding the children who are currently receiving special education services and discussing the increasing number of animals placed into service with individuals under the age of eighteen, focusing on the recent trend of utilizing service animals to assist children with an autism spectrum disorder. Studies relating to the common argument against allowing service animals in schools – the impact of service animals on others with …

Gender-Based Affirmative Action And Reverse Gender Bias: Beyond Gratz, Parents Involved, And Ricci, Rosalie Levinson

Law Faculty Publications

No abstract provided.

The Many Faces Of Iqbal, Rosalie Berger Levinson

Law Faculty Publications

No abstract provided.

War As Metaphor And The Rule Of Law In Crisis: The Lessons We Should Have Learned From The War On Drugs, Susan Stuart

Law Faculty Publications

No abstract provided.

The Logic And Limits Of Environmental Criminal Law In The Global Setting: Brazil And The United States--Comparisons, Contrasts, And Questions In Search Of A Robust Theory, Robert F. Blomquist

Law Faculty Publications

Strict but arguably unfair and counterproductive systems of criminal environmental law and enforcement exist in both the United States and Brazll in the twenty-first century. In order to create a sovereignty dividend encompassing the rule of law and evenhanded administrative control in the competitive global setting, both countries should rethink and reform their respective systems of environmental criminal law by seeking answers to several questions of legal philosophy in search of a robust theory.

Is International Law Really Law? Theorizing The Multi-Dimensionality Of Law, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.

Clarion Call Or Sturm Und Drang: A Response To Pierre Schlag's Lecture On The State Of Legal Scholarship, David R. Cleveland

Law Faculty Publications

No abstract provided.

Precedent And Justice, William D. Bader, David R. Cleveland

Law Faculty Publications

Precedent is the cornerstone of common law method. It is the core mechanism by which the common law reaches just outcomes. Through creation and application of precedent, common law seeks to produce justice. The appellate courts' practice of issuing unpublished, non-precedential opinions has generated considerable discussion about the value of precedent, but that debate has centered on pragmatic and formalistic values. This essay argues that the practice of issuing non-precedential opinions does more than offend constitutional dictates and present pragmatic problems to the appellate system; abandoning precedent undermines justice itself. Issuance of the vast majority of decisions as nonprecedential tears …

Judicial Opinion Writing: An Annotated Bibliography, Ruth C. Vance

Law Faculty Publications

No abstract provided.

Something From Nothing: Taxing Assets Accurately, David J. Herzig

Law Faculty Publications

No abstract provided.

Illegal Aid: Legal Assistance To Immigrants In The United States, Geoffrey Heeren

Law Faculty Publications

There is an enormous unmet need for immigrant legal aid in the United States. This is partly due to regulations that bar federally funded legal services organizations from representing many types of immigrants. The possible repeal of these restrictions is rarely discussed as a means to expand immigrant access to counsel. Federal funding for immigrant legal aid appears to have become taboo, despite the fact that for much of its history, legal aid was deeply connected to immigration. This forgotten history reveals that there was once broad national consensus in favor of immigrant legal aid; it became contentious and faced …

Her Choice, Her Problem: How Having A Choice Can Diminish Family Solidarity, Richard Stith

Law Faculty Publications

This Article explores a little-noticed dimension of abortion and assisted suicide (or voluntary euthanasia): how choosing to reject those options can have a negative impact on the legally authorized choosers. Women who refuse abortion may be blamed for their choice by boyfriends, neighbors, employers, and others. Similarly, infirm or dying persons may find family and other caregivers upset by their refusal to agree to assisted suicide when voluntary death seems the sensible option. Finally, the author questions whether a life chosen as an option can ever have the dignity of a life simply accepted, i.e., whether the child a mother …

Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig

Law Faculty Publications

Same-sex couple rights are the topic of much discussion and debate. There are court challenges to the constitutionality of the Defense of Marriage Act (“DOMA”) as well as proposed marriage statutes. The message and the structure for the recognition of same-sex rights need to be modified. This Article proposes applying, for the first time in the area, modern sociology theory, specifically Diffusion Theory, to change how the message is delivered. Using Diffusion Theory to change the message frame will change judicial decisions. By using the backdrop of the Florida adoption statute, a comparison between the successful challenges to the Florida …

The Theoretical Constitutional Shape (And Shaping) Of American National Security Law, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

The Risk Of Complaining- Retaliation, Ivan E. Bodensteiner

Law Faculty Publications

No abstract provided.

Is The Quest For Corporate Responsibility A Wild Goose Chase? The Story Of Lovenheim V. Iroquois Brands, Ltd., D. A. Jeremy Telman

Law Faculty Publications

Peter Lovenheim owned a small stake in Iroquois Brands, Ltd (Iroquois). He proposed that the corporation discontinue its distribution of one product, pâté de foie gras, because he objected to the treatment of the geese necessary to the production of the product. Under federal regulations, Iroquois was required to include such proposals in the proxy materials it sent out in advance of its annual shareholder meeting unless an exception applied. Iroquois Brands thought it could exclude the proposal because the product in question constituted a trivial part of its business. Lovenheim went to the District Court seeking an order requiring …

The Architecture Of Accreditation, Jay Conison

Law Faculty Publications

Accreditation systems can be analyzed in terms of the designer’s choices in three dimensions. One dimension is purpose of accreditation, where purpose may relate to program quality or quality of outcomes. The second dimension consists of types of accreditation norms used to achieve these purposes. There are five principal types of norms available in this dimension: process-quality norms, output norms, power allocation norms, self-determination norms, and consumer-protection norms. The third dimension consists of degree of regulation, which includes prescriptiveness or extensiveness of regulation. A sound accreditation system will make choices along each of these three dimensions. Understanding the range of …

A Realist Defense Of The Alien Tort Statute, Robert Knowles

Law Faculty Publications

This Article offers a new justification for modern litigation under the Alien Tort Statute (ATS), a provision from the 1789 Judiciary Act that permits victims of human rights violations anywhere in the world to sue tortfeasors in U.S. courts. The ATS, moribund for nearly 200 years, has recently emerged as an important but controversial tool for the enforcement of human rights norms. “Realist” critics contend that ATS litigation exasperates U.S. allies and rivals, weakens efforts to combat terrorism, and threatens U.S. sovereignty by importing into our jurisprudence undemocratic international law norms. Defenders of the statute, largely because they do not …