Law Commons^™

Monitoring American Federalism: The History Of State Legislative Resistance, Christian G. Fritz

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As Americans have monitored federalism, they struggled with how a government based on sovereignty divided between nation and states might function. The Constitution’s shared sovereignty created an inherently dynamic federalism with almost continuous debates over the balance of power, making this testing of the balance of federalism and monitoring government central to the American constitutional order. Many constitutional debates involved the protection of slavery, yet other interests including debt, taxation, and police powers also played vital roles in shaping American federalism. State resistance to the national government utilizing the constitutional tool of interposition arose when the disequilibrium of federalism was …

Issues Of Diversity And Inclusion In Torts Cases, Carol M. Suzuki

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Drawing upon the experience of faculty from across the country, Integrating Doctrine and Diversity is a collection of essays with practical advice, written by faculty for faculty, on specific ways to integrate diversity, equity and inclusion into the law school curriculum. Chapters will focus on subjects traditionally taught in the first-year curriculum (Civil Procedure, Constitutional Law, Contracts, Legal Writing, Legal Research, Property, Torts) and each chapter will also include a short annotated bibliography curated by a law librarian. With submissions from over 40 scholars, the collection is the first of its kind to offer reflections, advice and specific instruction on …

Environmental Justice: Law, Policy & Regulation, Clifford Villa, Nadia Ahmad, Rebecca Bratspies, Roger Lin, Clifford Rechtschaffen, Eileen Gauna, Catherine O'Neill

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Environmental Justice: Law, Policy, & Regulation explores theory and practice in this dynamic subject, which fuses environmental law and civil rights enforcement. From early concerns over toxic waste in minority communities, environmental justice expanded to consider the range of environmental threats facing poor, immigrant, and indigenous communities; women, children, and seniors; and other vulnerable populations. This third edition provides extensively updated materials to address environmental justice concerns today, including oil drilling in the Arctic, the Dakota Access Pipeline, drinking water contamination in Flint, and the devastation wrought by Hurricane Maria in Puerto Rico. Featuring new chapters addressing disaster justice and …

The Campaign To Impeach Justice William O. Douglas; Nixon, Vietnam, And The Conservative Attack On Judicial Independence, Joshua E. Kastenberg

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The politics of division and distraction, conservatives’ claims of liberalism’s dangers, the wisdom of amoral foreign policy, a partisan challenge to a Supreme Court justice, and threats to the constitutionally mandated balance between the three branches of government: however of the moment these matters might seem, they are clearly presaged in events chronicled by Joshua E. Kastenberg in this book, the first in-depth account of a campaign to impeach Supreme Court justice William O. Douglas nearly fifty years ago.

On April 15, 1970, at President Richard Nixon’s behest, Republican House Minority Leader Gerald Ford brazenly called for the impeachment of …

Complicated Lives: Free Blacks In Virginia, 1619-1865, Sherri L. Burr

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Would the United States have developed differently if Virginia had not passed a law in 1670 proclaiming all subsequently arriving Africans as servants for life, or slaves? What if the state had not stripped all Free Blacks and Indians of voting rights in 1723, or outlawed interracial sex for 337 years?

Complicated Lives upends the pervasive belief that all Africans landing on the shores of Virginia beginning in late August 1619, became slaves. In reality, many of these kidnap victims received the status of indentured servants. Indeed, hundreds of thousands of free African Americans in the South and North owned …

Military Rules: Expert Qualifications, Admissibility Of Expert Testimony, And Competency Hearings, Joshua E. Kastenberg

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This book provides a comprehensive review of the many valuable roles that psychologists can play in courts-martial and how they can collaborate with military attorneys to make effective trial teams.

Even though psychologists are becoming increasingly important in military trials, many are unfamiliar with the unique nature of this system. Likewise, lawyers often do not know how to effectively utilize psychologists' expertise.

This volume thus offers much-needed guidance for civilian psychologists and military counsel alike.

The chapter authors are forensic psychologists and military legal personnel — including defense attorneys, prosecutors, and judges — who offer expert tips and strategies for …

Erecting A Virtual Schoolhouse Gate, Maryam Ahranjani

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The very first amendment to the United States Constitution protects the freedom of speech. While the Supreme Court held in 1969 that students “do not shed their constitutional rights at the schoolhouse gate,” since then the Court has limited students' freedom of speech, stopping short of considering the boundaries of off-campus, online speech. Lower court holdings vary, meaning that a student engaging in certain online speech may not be punished at all in one state but would face harsh criminal punishments in another. The lack of a uniform standard leads to dangerously inconsistent punishments and poses the ultimate threat to …

Black Courts, Ernesto A. Longa

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Book Abstract:

Pushing past the conventional understanding of federal and state courts and the judicial system, this volume examines eight little-known Florida courts. Part 1 details general jurisdiction courts from 1513 to 1865 while part 2 profiles modern-era special jurisdiction courts.

Beginning with the state's colonial history, Florida's Other Courts challenges narratives that paint Spain's administration of its New World holdings as corrupt, inefficient, and tyrannical, using research into archival records scattered across Spain, Cuba, and other New World sites. Contributors to the volume also demonstrate how British authorities later molded the courts after their own justice system, introducing grand …

Transforming Societies After Violence: Conceptualizing And Contextualizing Transitional Justice In Africa, Jennifer Moore

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This chapter first analyses three facets of transitional justice -- the criminal-retributive, the historical-reconciliative, and the social-redistributive -- and identifies some of the synergies and tensions among them. The second section shines a spotlight on the post-independence, conflict, and post-conflict histories of Uganda, Sierra Leone, and Burundi, generally characterizing their distinct approaches to transitional justice, and the differing degrees of attention they devote to the various strands of justice. For each of the three countries, the text points to the work of a community-based civil society organization, and spotlights its approach to post-conflict transition in that country. The final section …

O Papel Do Direito E Do Advogado No Sistema De Comando De Incidente (Law And Lawyers In The Incident Command System), Clifford J. Villa

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ICS is a “management system designed to enable effective, efficient incident management by integrating a combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure.” Through the use of standardized positions (e.g., incident commander), common terminology (e.g., incident command post), and consistent management philosophies (e.g., unity of command), ICS seeks to facilitate the rapid integration of personnel from different agencies and entities into one organization to meet a common objective.

This book chapter is in Portuguese. See original article in English: http://digitalrepository.unm.edu/law_facultyscholarship/327/

Teaching Legal Frameworks, David Herring

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This book chapter describes the process of developing legal frameworks. Legal frameworks are a critical element in basic legal analysis. They set out the questions courts ask when addressing a particular issue. Law students need to learn the applicable framework before proceeding with any type of rigorous legal analysis. This chapter also discusses an approach to teaching law students the skill of constructing legal frameworks, providing three concrete examples in the areas of Civil Procedure and Constitutional Law.

Using Interculturally Aware Teaching Methods (In Revisiting The Characteristics Of Effective Education), Steven K. Homer

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Teaching interculturally was not addressed in BEST PRACTICES FOR LEGAL EDUCATION. Legal scholars have studied how legal pedagogy both reflects the values and approaches of dominant groups within legal academia (i.e., privileged white men), and also how these approaches to teaching can alienate students — such as women, students of color, and gender and sexually diverse students, among others — who do not share all of the dominant group’s traits. However, more research is required to help law teachers fully understand the extent to which the structures of legal education affect non-dominant groups and how legal education may be changed …

Youth Justice In America, Maryam Ahranjani, Andrew G. Ferguson, Jamin B. Raskin

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Youth Justice in America, Second Edition engages students in an exciting, informed discussion of the U.S. juvenile justice system and fills a pressing need to make legal issues personally meaningful to young people. Written in a straightforward style, the book addresses tough, important issues that directly affect today's youth, including the rights of accused juveniles, search and seizure, self-incrimination and confession, right to appeal, and the death penalty for juveniles. Focusing on cases that relate to the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution, the subject matter comes alive through a wide variety of in-book learning aids.

Protection Against The Forced Return Of War Refugees: An Interdisciplinary Consensus On Humanitarian Non-Refoulement, Jennifer Moore

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This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country – ‘war refugees’ – are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the …

Health Law: Cases, Materials And Problems, Robert L. Schwartz, Barry R. Furrow, Thomas L. Greaney, Sandra H. Johnson, Timothy Stoltzfus Jost

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For more than two decades, Health Law: Cases, Materials and Problems has defined the field of health law, providing a balanced overview of law as it affects patients, professionals, institutions, and entities that deliver and finance U.S. health care. The 7th Edition of Health Law comprehensively reviews the provisions of the Affordable Care Act with topics such as the oversight of quality (including the latest developments in patient safety), cost control (including consumer-directed health care), guarantees of adequate access to services, exempt-organization tax issues, transactions and relationships among health care professionals and providers, the Employee Retirement Income Security Act (ERISA), …

Latinos And The Law, Margaret E. Montoya

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Book Summary:

This theme study presents opportunities in communities nationwide by making the most recent scholarship in Latino history is now available to a broad public audience. Also, it provides historic preservationists in government agencies and the private sector now have a tool to help identify and evaluate Latino-related places for historical significance. Lastly, this study will allow more of these places are likely to be nominated to the National Register of Historic Places and for National Historic Landmark designation. Historian Stephen Pitti's core essay sets the stage for the essays in the theme study. This overview of the …

Federal Income Taxation Of Business Enterprises: Cases, Statutes, Rulings, Sergio Pareja, Richard A. Westin, Ricahrd C.E. Beck

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This fourth edition covers the basics of the federal income taxation of partnerships and corporations including the taxation of LLCs, LLPs and S corporations. In addition, it alludes to a short list of other business enterprises. It is designed to be taught as two major components: partnerships and corporations. Both components use the traditional "cradle-to-grave" approach. Because of their practical importance, the book makes reference to Social Security taxes and estate taxes. There is no discussion of State income taxes.

Although the book is comparatively short, the materials are thorough and are heavily supplemented with problems.

The cases have been …

Humanitarian Law In Action Within Africa, Jennifer Moore

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In Humanitarian Law in Action within Africa, Jennifer Moore studies the role and application of humanitarian law by focusing on African countries that are emerging from civil wars. Moore offers an overview of international law, including its essential vocabulary, and describes four particular subfields of international law: international humanitarian law, international human rights law, international criminal law, and international refugee law. After setting forth this overview, Moore considers practical mechanisms to implement international humanitarian law, focusing specifically on the experiences of Uganda, Sierra Leone, and Burundi. Through the case studies of these countries, Moore describes transitional justice's fundamental components: …

Law In War, Law As War: Brigadier General Joseph Holt And The Judge Advocate General’S Department In The Civil War And Early Reconstruction, 1861-1865, Joshua E. Kastenberg

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During the Civil War, the Union Army grew from a semi-professional force of 12,000 to a force of almost one million citizens. The unique disciplinary requirements for this citizen army were only one facet of the nation's unique wartime needs. Lincoln believed, with credibility, that a dangerous enemy resided within the north, and the common civil laws were not strong enough to contain this enemy. To achieve a disciplined military and to defeat the internal enemy, Lincoln turned to Joseph Holt, nominating the former Secretary of War to the position of Judge Advocate General of the Army. A friend of …

Secured Transactions, Frederick M. Hart, Nathalie Martin

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Introduction to secured transactions : collection of debts and liens -- Scope of Article 9 and types of collateral -- Remedies : the secured party's rights against the debtor -- Creation of a security interest -- Perfection of security interests -- Priorities -- Some basic bankruptcy concepts.

Three Stories In One: The Story Of Santa Clara Pueblo V. Martinez, Gloria Valencia-Weber

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Santa Clara Pueblo v. Martinez' is an especially rich case that intermingles three stories: one is about Julia Martinez and her family; a second features Santa Clara Pueblo itself; and a third highlights dynamics within the United States Supreme Court. Decided in 1978, the Martinez case denied Julia Martinez access to federal court to challenge a Pueblo membership ordinance treating female members who marry outside the Pueblo differently from male members who marry outside. The case has long attracted attention from feminists and human rights advocates, because they see a woman's claim of gender discrimination pitted against a Pueblo's claim …

Refugee Law And Policy: A Comparative And International Approach, Jennifer Moore, Karen Musalo, Richard A. Boswell

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The fourth edition of Refugee Law and Policy, which includes all legal developments through mid-2010, provides a thoughtful scholarly analysis of refugee law, and related protections such as those available under the Convention against Torture. The book is rooted in an international law perspective, enhanced by a comparative approach. Starting with ancient precursors to asylum, the casebook portrays refugee law as dynamic across time and cultural contexts. This edition of the casebook has incorporated substantial new materials on the cutting edge area of social group claims, and their relevance to claims for protection based on gender-persecution and LGBT status. …

Theorizing The More Responsive State: Transcending The National Boundaries Of Law, Laura Spitz

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Literature theorizing the state typically focuses on the nation-state as the locus of state power and authority, bounded by territorial and/or geopolitical borders. Within legal scholarship, an even narrower focus is common: the state as adjudicatory apparatus. Yet it may be more productive to shift the conceptual lens to embrace a wider and less vertical conception of state power. Thus, this chapter takes Fineman’s invitation to begin the task of theorizing a “more responsive state” in the US, by looking beyond the US, and putting two groups of scholars in conversation with one another: feminist legal theorists on the one …

Exploring The Commercialized Arms Race Metaphor, Alfred Mathewson

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Reversing Field invites students, professionals, and enthusiasts of sport – whether law, management and marketing, or the game itself – to explore the legal issues and regulations surrounding collegiate and professional athletics in the United States. This theoretical and methodological interrogation of sports law openly addresses race, labor, gender, and the commercialization of sports, while offering solutions to the disruptions that threaten its very foundation during an era of increased media scrutiny and consumerism. In over thirty chapters, academics, practitioners, and critics vigorously confront and debate matters such as the Arms Race, gender bias, racism, the Rooney Rule, and steroid …

Grand Juries And Expertise In The Administrative State, Kevin Washburn

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Grand Jury 2.0: Modern Perspectives on the Grand Jury challenges the American legal culture to re-imagine the grand jury and proposes ways to adapt the grand jury's proud heritage to the needs and realities of modern criminal justice. Chapters provide a rare peek into the black box of grand juror deliberations, reflect on empirical evidence related to the grand jury's often overlooked role in charging and plea bargaining practices, and explore what state grand juries tell us about the institution's potential. Other chapters re-examine the grand jury's seemingly settled historical narrative, emphasize the role the grand jury can perform in …

Anarchist Periodicals In English Published In The United States (1833-1955): An Annotated Guide, Ernesto Longa

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Table of Contents and Front Matter. In the 19th and 20th centuries, dozens of anarchist publications appeared throughout the United States despite limited financial resources, a pestering and censorial postal department, and persistent harassment, arrest, and imprisonment by the State. Such works energetically advocated a stateless society built upon individual liberty and voluntary cooperation. This volume highlights the articles, reports, manifestos, and creative works of anarchists and left libertarians who were dedicated to propagandizing against authoritarianism, sham democracy, wage and sex slavery, and race prejudice. In the survey are nearly 100 newspapers produced throughout North America. For each entry, the …

Self-Determination And Indigenous Nations In The United States: International Human Right, Federal Policy And Indigenous Nationhood, Christine Zuni Cruz

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This paper, presented at the 2003 Native Title Conference in Alice Springs, Northern Territory, Australia in Lhere Artepe Country, considers self-determination from an internal indigenous perspective. This perspective looks to Indigenous legal tradition to set forth an idea of self-determination that has its foundation in Indigenous notions of origin and existence. The paper explores autochthonic legal tradition, or Indigenous legal tradition, and situates the principle of self-determination within the Indigenous legal tradition. While self-determination for Indigenous Peoples is recognized by the United Nations and the United States, Indigenous Peoples origin stories, a part of their Indigenous legal tradition, provides the …

Health Care Reform Supplement To Health Law: Cases, Materials And Problems, Robert Schwartz, Barry R. Furrow, Thomas L. Greaney, Sandra H. Johnson, Timothy Stoltzfus Jost

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Copyright page and Table of Contents only.

Athletes As Television Celebrities: Why We Watch; How They Benefit; Must They Be Responsible, Sherri Burr

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This chapter addresses a number of issues associated with athletes acquiring celebrity status based on their television performances. It first discusses what draws the public to watch sports on television and follow the lives of athletes. Second, this chapter highlights the benefits and burdens that athletes receive and endure from the public participation in their sports as observers on the field and off. This section will also highlight athletes rights to privacy and to publicity. Finally, this chapter addresses the responsibility of athletes, both amateur and professional, to behave in a responsible manner both on and off the court.

Torture After Nuremburg: Us Law And Practice, Elizabeth Rapaport

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In this essay I will argue that the signature methods of interrogation used by CIA and military interrogators in the Global War on Terrorism (GWOT) -- torture lite' techniques such as hypothermia and stress positions -- may constitute torture, but that the question of their legality under U.S, and international law is not as straightforward as some critics of the Bush Administration maintained. I will take up only one thread in the complex discussion of GWOT interrogation practices and law, that of the boundary between torture and lesser cruelty.