Law Commons^™

A Compendium Of Clever And Amusing Law Review Writings -- An Idiosyncratic Bibliography Of Miscellany With In Kind Annotations Intended As A Humorous Diversion For The Gentle Reader, Thomas E. Baker

Faculty Publications

The world of the American law review resembles Middle Earth for all its strange inhabitants, secret rituals, and foreboding folklore. The depth and breadth of law review literature defies facile characterization, but it can be stated without fear of contradiction that the truly clever or amusing law review article is the quintessential rara avis. Law review articles - and the people who write them and the people who read them - are serious to a fault.

Indeed, whenever a judge, a lawyer, a law professor, or a law student writes something truly funny he or she runs the risk …

Compelled Expression And The Public Forum Doctrine, Howard M. Wasserman

Faculty Publications

This Article analyzes the theory underlying the Fist Amendment protection against being compelled by government to utter, present, or fund unwanted expression. The author creates a three-part model for determining when the fire speech rights of an objecting payer have been triggered. Under that model, First Amendment rights are implicated when there has been an actual government compulsion requiring an individual to give money to, or for the express benefit of, a specific private speaker for some use that, in itself, should be understood as expressive. This model strikes a necessary balance between the important theoretical underpinnings of the protection …

Structural Principles And Presidential Succession, Howard M. Wasserman

Faculty Publications

No abstract provided.

Reparations And The Colonial Dilemma: The Insurmountable Hurdles And Yet Transformative Benefits, Ediberto Román

Faculty Publications

The Seventh Annual Latina and Latino Critical Race Theory ("LatCrit") Conference held in May 2002 at the University of Oregon, not unlike other efforts in the movement, addressed a panoply of challenging, provocative, and controversial issues. Perhaps one the most intellectually interesting and yet troubling panels addressed reparations for the inhabitants of United States' colonial territories. Specifically, the panel was titled "Reparations, Redress, and Remedies: Undoing the Legacy of Colonialism and Imperialism." Members of the academy as well as a representative of Puerto Rico's Independence Party participated in a lively discussion and debate. Although the articles resulting from this panel …

A Roundtable Discussion With Stephen L. Carter & Michael J. Gerhardt, Thomas E. Baker

Faculty Publications

Transcript of a discussion regarding the United States Supreme Court, the Supreme Court justices and justice nominees, the Senate process for confirming nominees and related issues such as fitness to serve on the court and judicial activism.

Super Regulator: A Comparative Analysis Of Securities And Derivatives Regulation In The United States, The United Kingdom, And Japan, Jerry W. Markham

Faculty Publications

This article describes the development of the competing regulatory bodies for banking, insurance, securities and derivatives. It then focuses on the regulatory roles of the Securities and Exchange Commission ("SEC") and the Commodity Futures Trading Commission ("CFTC"). The competition between those two agencies and its effects are described. After that review, the article examines the roles of the FSA-GB and FSA-Japan. Finally, the article discusses the arguments favoring and disfavoring competitive regulation and tries to discern whether a unified regulatory structure such as that in Japan and England is preferable to the competitive approach of the SEC and CFTC. The …

Civil Rights And Civil Liberties In A Crisis: A Few Pages Of History, Thomas E. Baker

Faculty Publications

Tribute to Judge Procter Hug of the United States Court of Appeals for the 9th Circuit, based on a talk adapted from Thomas E. Baker's At War With the Constitution: A History Lesson from the Chief Justice, 14 BYU J. Pub.L. 69 (1999).

It is but a truism that the powers of the government are greatest when the Nation is at war. All of our wartime Commanders-in-Chief have conducted themselves based on this belief. For its part, the Supreme Court has acquiesced in draconian measures undertaken by the Executive that would not be permitted during peacetime. The lasting problem …

At War With Civil Rights And Civil Liberties, Thomas E. Baker

Faculty Publications

This essay looks at the Supreme Court and acquiescence to measures by the Executive Branch that limit or suspend civil liberties during times of war or threats to national security.

A Symposium Précis, Thomas E. Baker

Faculty Publications

This article is an introduction and overview of the Drake University Law School symposium Judicious Choices: Nominating and Confirming Supreme Court Justices held in March of 2002. It identifies important constitutional law issues in nominating and confirming the President's appointments to Supreme Court Justices in the United States.

Human Cloning & The Right To Reproduce, Elizabeth Price Foley

Faculty Publications

Explores the contours of the right to reproduce, recognized as a substantive liberty under the Due Process Clauses. Specifically, is the right a positive as well as negative right? Does the right encompass the right to use artificial reproductive technologies (ARTs) such as in vitro fertilization, artificial insemination, or reproductive cloning?

The Constitutional Implications Of A Cloning Society, Elizabeth Price Foley

Faculty Publications

This paper examines the social and legal implications of human cloning.

Membership Denied: Subordination And Subjugation Under United States Expansionism, Ediberto Román, Theron Simmons

Faculty Publications

As for the proposal this Article seeks to promote, the length and complexity of this undertaking hopefully demonstrates the difficulty in arriving at an easily identified solution. Century long colonial struggles by several distinct countries and millions of their inhabitants are not easily resolved. Nevertheless, there are certain procedural steps that can be undertaken which may promote the realization of self-determination. The United States should be true to its rhetoric and promote democratic efforts in these lands to achieve autonomy. It is not enough to promote self-determination for other powers' colonies. The subordination of citizens and nationals is not only …