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Articles 91 - 107 of 107

Full-Text Articles in Law

Police Deception Before Miranda Warnings: The Case For Per Se Exclusion Of An Entirely Unjustified Practice At A Particularly Sensitive Moment, Robert P. Mosteller Jan 2007

Police Deception Before Miranda Warnings: The Case For Per Se Exclusion Of An Entirely Unjustified Practice At A Particularly Sensitive Moment, Robert P. Mosteller

Faculty Scholarship

This essay focuses on the limits of deception practiced before the suspect waives his or her rights under Miranda v. Arizona (1966). In Miranda, the Court stated: [A]ny evidence that the accused was threatened, tricked, or cajoled into a waiver will, of course, show that the suspect did not voluntarily waive his privilege. The quotation appears to forbid any evidence of threats, tricks, or cajolery, which contributes to a waiver of the privilege, creating a per se exclusion. However, in Moran v. Burbine (1986), the Court shifts focus away from the nature of the police conduct to its effect ...


Umpires At Bat: On Integration And Legitimation, Neil S. Siegel Jan 2007

Umpires At Bat: On Integration And Legitimation, Neil S. Siegel

Faculty Scholarship

No abstract provided.


The Politics Of Preclearance, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2007

The Politics Of Preclearance, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

This Essay examines recent charges of political motivation against the Department of Justice and its enforcement of the Voting Rights Act. These accusations appear well-deserved, on the strength of the Department's recent handling of the Texas redistricting submission and Georgia's voting identification requirement. This Essay reaches two conclusions. First, it is clear that Congress wished to secure its understanding of the Act into the future through its preclearance requirement. Many critics of the voting rights bill worried about the degree of discretion that the legislation accorded the Attorney General. Supporters worried as well, for this degree of discretion ...


Theorizing The Law/Politics Distinction: Neutral Principles, Affirmative Action, And The Enduring Insight Of Paul Mishkin, Neil S. Siegel, Robert C. Post Jan 2007

Theorizing The Law/Politics Distinction: Neutral Principles, Affirmative Action, And The Enduring Insight Of Paul Mishkin, Neil S. Siegel, Robert C. Post

Faculty Scholarship

Early in his career Mishkin saw that the law could be apprehended from two distinct and in part incompatible perspectives: from the internal perspective of a faithful practitioner and from the external perspective of the general public. If the social legitimacy of the law as a public institution resides in the latter, the legal legitimacy of the law as a principled unfolding of professional reason inheres in the former. Mishkin came to believe that although the law required both forms of legitimacy, there was nevertheless serious tension between them, and he dedicated his scholarly career to attempting to theorize this ...


European Versus American Liberty: A Comparative Privacy Analysis Of Antiterrorism Data Mining, Francesca E. Bignami Jan 2007

European Versus American Liberty: A Comparative Privacy Analysis Of Antiterrorism Data Mining, Francesca E. Bignami

Faculty Scholarship

It is common knowledge that privacy in the market and the media is protected less in the United States than in Europe. Since the terrorist attacks of September 11, 2001, it has become obvious that the right to privacy in the government sphere too is protected less in the United States than in Europe. This Article brings alive the legal difference by considering the case-real in the United States, hypothetical in Europe-of a spy agency's database of call records, created for the purpose of identifying potential terrorists. Under U.S. law such an antiterrorism database might very well be ...


Think Globally, Act Globally: The Limits Of Local Climate Policies, Jonathan B. Wiener Jan 2007

Think Globally, Act Globally: The Limits Of Local Climate Policies, Jonathan B. Wiener

Faculty Scholarship

State-level actions to address global climate change, such as laws and litigation recently undertaken by California and by several Northeastern states to limit greenhouse gas (GHG) emissions, reflect creative legal strategies understandably intended to achieve a major environmental objective while the US federal government has not joined the Kyoto Protocol and has not yet adopted national legislation. But even assuming that forestalling global climate change is urgently needed, state-level action is not the best way to do so. Acting locally is not well suited to regulating moveable global conduct yielding a global externality. Legally, state-level action confronts several obstacles, including ...


Towards A Right To Privacy In Transnational Intelligence Networks, Francesca E. Bignami Jan 2007

Towards A Right To Privacy In Transnational Intelligence Networks, Francesca E. Bignami

Faculty Scholarship

Antiterrorism intelligence sharing across national borders has been trumpeted as one of the most promising forms of networked global governance. By exchanging information across the world, government agencies can catch terrorists and other dangerous criminals. Yet this new form of global governance is also one of the most dangerous. Even at the domestic level, secrecy and national security imperatives have placed intelligence agencies largely beyond legal and democratic oversight. But at the global level, accountability is missing entirely. Global cooperation among national intelligence agencies is extraordinarily opaque. The nature of the international system compounds the problem: these actors do not ...


Law School Libraries 2007, Richard A. Danner Jan 2007

Law School Libraries 2007, Richard A. Danner

Faculty Scholarship

The primary mission of the law school library is to meet the information needs of the faculty and students of the institution it supports. In addition to their role in educating future lawyers, law schools are the major producers of scholarly literature in law and rely on academic law libraries to provide the resources and support needed for research and publication. Beyond support for the core functions of legal education and research, the specific missions of law school libraries vary depending on the size and missions of law schools of different types. Differences among law schools result in differences among ...


A Critical Assessment Of The Cultural And Institutional Roles Of Appellate Courts (Review Essay), Paul D. Carrington Jan 2007

A Critical Assessment Of The Cultural And Institutional Roles Of Appellate Courts (Review Essay), Paul D. Carrington

Faculty Scholarship

Reviewing, Daniel Meador et al., Appellate Courts: Structures, Functions, Processes, and Personnel (2d ed. 2006)


The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To “Do Justice, Robert P. Mosteller Jan 2007

The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To “Do Justice, Robert P. Mosteller

Faculty Scholarship

The Duke lacrosse case was a disaster - a caricature. The case, which involved false rape charges against three Duke University lacrosse players, began with gang rape allegations by an exotic dancer at a team party in March 2006 and ended with the declaration of their innocence in April 2007 and the disbarment of Durham County District Attorney Mike Nifong in June of that year. Often a full examination of the facts of a notorious case reveals that events were ambiguous and the reality is not as bad as early reports suggested. This case does not fit that pattern; it gets ...


The Law And Policy Beginnings Of Ecosystem Services, James Salzman, J.B. Ruhl Jan 2007

The Law And Policy Beginnings Of Ecosystem Services, James Salzman, J.B. Ruhl

Faculty Scholarship

This article is an introduction to a symposium issue of the journal on ecosystem services. As the brief descriptions of recent developments make clear, the field has changed greatly since the late 1990s and there are a lot of exciting developments underway. With the partnership of the Journal of Land Use & Environmental Law, we thought it important to revisit the state of the field five years after the Stanford workshop. Thus we invited experts across the range of environmental law to Florida State for a two-day workshop assessing the current status of ecosystem services in environmental law. The results are ...


Immigration Law And The Regulation Of Marriage, Kerry Abrams Jan 2007

Immigration Law And The Regulation Of Marriage, Kerry Abrams

Faculty Scholarship

No abstract provided.


Corrective Justice And Liability For Global Warming, Matthew D. Adler Jan 2007

Corrective Justice And Liability For Global Warming, Matthew D. Adler

Faculty Scholarship

No abstract provided.


The Federal Judicial Power And The International Legal Order, Curtis A. Bradley Jan 2007

The Federal Judicial Power And The International Legal Order, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


A Teacher (A Tribute To James Boyd White), H. Jefferson Powell Jan 2007

A Teacher (A Tribute To James Boyd White), H. Jefferson Powell

Faculty Scholarship

Tribute to Professor J.B. White


Applying The Access Principle In Law: The Responsibilities Of The Legal Scholar, Richard A. Danner Jan 2007

Applying The Access Principle In Law: The Responsibilities Of The Legal Scholar, Richard A. Danner

Faculty Scholarship

This article applies to legal scholarship the ideas developed and argued in John Willinsky’s 2006 book: 'The Access Principle: The Case for Open Access to Research and Scholarship' regarding the responsibilities of scholars to make their works widely available through open access mechanisms via the Internet. Willinsky’s access principle states that “A commitment to the value and quality of research carries with it a responsibility to extend the circulation of such work as far as possible and ideally to all who are in interested in it and all who might profit by it.” For Willinsky, the transformation of ...


Churn, Baby, Churn: Strategic Dynamics Among Dominant And Fringe Firms In A Segmented Industry, John M. De Figueiredo, Brian S. Silverman Jan 2007

Churn, Baby, Churn: Strategic Dynamics Among Dominant And Fringe Firms In A Segmented Industry, John M. De Figueiredo, Brian S. Silverman

Faculty Scholarship

This paper integrates and extends the literatures on industry evolution and dominant firms to develop a dynamic theory of dominant and fringe competitive interaction in a segmented industry. It argues that a dominant firm, seeing contraction of growth in its current segment(s), enters new segments in which it can exploit its technological strengths, but that are sufficiently distant to avoid cannibalization. The dominant firm acts as a low-cost Stackelberg leader, driving down prices and triggering a sales takeoff in the new segment. We identify a “churn” effect associated with dominant firm entry: fringe firms that precede the dominant firm ...