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Reply Brief For Petitioner. Thompson V. North American Stainless, Lp, 562 U.S. 170 (2011) (No. 09-291), 2010 U.S. S. Ct. Briefs Lexis 2135, Eric Schnapper, David O'Brien Suetholz, Lisa S. Blatt, Anthony Franze

Court Briefs

No abstract provided.

Reply Brief. Staub V. Proctor Hospital, 562 U.S. 411 (2011) (No. 09-400), 2010 U.S. S. Ct. Briefs Lexis 1916, Patricia Ann Millet, Eric Schnapper, Julie L. Galassi

Court Briefs

No abstract provided.

Reply Brief For Petitioner

Suquamish Indian Tribe v. Upper Skagit Indian Tribe, Docket No. 10-33 (562 U.S. 981 (2010))

No abstract provided.

Brief In Opposition To Petition For A Writ Of Certiorari By Respondent Tribes Upper Skagit Indian Tribe, Swinomish Indian Tribal Community, Jamestown S'Klallam Tribe, Port Gamble S'Klallam Tribe, And Tulalip Tribes

Suquamish Indian Tribe v. Upper Skagit Indian Tribe, Docket No. 10-33 (562 U.S. 981 (2010))

No abstract provided.

Brief For Petitioner, Thompson V. North American Stainless, Lp, 562 U.S. 170 (2011) (No. 09-291), 2010 Wl 3501186, Eric Schnapper, David O'Brien Suetholz, Lisa S. Blatt

Court Briefs

QUESTIONS PRESENTED

Section 704(a) of Title VII forbids an employer from retaliating against an employee because he or she engaged in certain protected activity. The questions presented are:

(1) Does section 704(a) forbid an employer from retaliating for such activity by inflicting reprisals on a third party, such as a spouse, family member or fiance, who is closely associated with the employee who engaged in such protected activity?

(2) If so, may that prohibition be enforced in a civil action brought by the third party victim?

Petition For Writ Of Certiorari

Suquamish Indian Tribe v. Upper Skagit Indian Tribe, Docket No. 10-33 (562 U.S. 981 (2010))

No abstract provided.

Petition For A Writ Of Certiorari. Perez V. Saks Fifth Avenue, Inc. (No. 09-1535), 2010 U.S. S. Ct. Briefs Lexis 4245, Eric Schnapper, Erika Deutsch Rotbart

Court Briefs

QUESTION PRESENTED Where a discrimination plaintiff asserts that the ultimate decisionmaker who dismissed her was influenced by a different official who acted with an unlawful motive, must the plaintiff prove that the unltimate decisionmaker was a "mere conduit" for the motives of the unlawfully motivated official?

Supplemental Brief For Petitioner. Thompson V. North American Stainless, Lp, 562 U.S. 170 (2011) (No. 09-291), 2010 U.S. S. Ct. Briefs Lexis 2990, Eric Schnapper, David Suetholz

Court Briefs

No abstract provided.

Citizenship Perception Strain In Cases Of Crime And War: On Law And Intuition, Mary De Ming Fan

Articles

The jurisprudence on crime and war has repeatedly indicated that citizenship matters in determining the scope and applicability of constitutional protections. Just how citizenship matters and what vision of the citizen controls have been murky, however. A rich literature has developed deploring how the nation and the jurisprudence have appeared to slip beneath the baseline of protections when faced with formal citizens who challenge our popular notions about what citizens look like, feel like, and do. What warrants further examination is why this may be so. Understanding the processes that may blur the doctrine and lead to slippage in citizenship …

A Service-Learning Project: Disability, Access And Health Care, Elizabeth Pendo

Articles

Last summer, I was thinking about a public service project for my disability discrimination law course. I teach the course in fall, and try to incorporate a project each year. Integrating a public service project into a traditional doctrinal course fits within the trend toward expanding teaching techniques beyond the case method in order to better prepare students for the practice of law., It was also inspired in part by the Carnegie Foundation's 2007 report, "Educating Lawyers: Preparation for the Profession of Law," as a way to foster "civic professionalism," and to "[link] the interests of legal educators with the …

Change And Continuity (Rip Van Winkle's Reference Office), Mary Whisner

Librarians' Articles

How much has law librarianship changed over the past twenty years? Ms. Whisner imagines coming back to her library after being asleep for twenty years, and concludes that while our tools have changed, the basics of our jobs have remained remarkably stable.

Enact Locally, Mary Whisner

Librarians' Articles

Legal researchers often forget about municipal ordinances when looking for governing authority. Ms. Whisner discusses the wide range of topics that can be covered by local law, and encourages law librarians to think about it both when researching and when teaching the process of legal research

Learning From Reference Experience, Mary Whisner

Librarians' Articles

While we all learn from experience, law librarians seeking to improve their reference skills can speed up the learning process by using some of the methods Ms. Whisner outlines.

The Rewards Of Tedium, Mary Whisner

Librarians' Articles

While routine projects can be tedious, Ms. Whisner points out factors that make those tedious projects a little easier to bear, as well as some lessons to be learned from a specific project she undertook.

Dynamic Federalism And Patent Law Reform, Xuan-Thao Nguyen

Articles

Patent law is federal law, and the normative approach to patent reform has been top down, looking to Congress and the Supreme Court for changes to the broken and complex patent system. The normative approach thus far has not yielded satisfactory results. This Article challenges the static approach to patent reform and embraces the dynamic-federalism approach that patent reform can be an overlapping of both national and local efforts. Patent reform at the local level is essential as locales can serve as laboratories for changes, vertically compete with national government to reform certain areas of the patent system, and become …

Taking The Good With The Bad: Recognizing The Negative Externalities Created By Charities And Their Implications For The Charitable Deduction, Shannon Weeks Mccormack

Articles

The tax code allows taxpayers to deduct amounts donated to an extremely broad variety of organizations deemed to create societal benefits — that is, positive externalities. But many organizations that may receive tax-deductible contributions also cause harms. Both the tax code and subsidy theory, one of the most utilized scholarly theories developed to analyze the deduction from an economic and morally neutral perspective, fail to properly account for these negative externalities. In order to do so, one needs to look beyond the economic models utilized by subsidy theorists. For instance, there should be some limit to the types of harms …

Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo

Articles

The Genetic Information Nondiscrimination Act of 20081 ("GINA") is the first federal, uniform protection against the use of genetic information in both the workplace and health insurance. Signed into law on May 21, 2008, GINA prohibits an employer or health insurer from acquiring or using an individual's genetic information, with some exceptions.

One of the goals of GINA is to eradicate actual, or perceived, discrimination based on genetic information in the workplace and in health insurance. Although the threat of genetic discrimination is often discussed in universal terms - as something that could happen to any of us -the use …

Taking It To The Streets: A Public Right-Of-Way Project For Disability Law, Elizabeth Pendo

Articles

I teach a course in Disability Discrimination Law, which is designed as a civil rights course focused on the Americans with Disabilities Act (ADA). When the ADA was passed in 1990, it was celebrated by many as one of the most significant civil-rights victories of this century. The ADA was enacted to "provide clear, strong, consistent, [and] enforceable standards [for] addressing discrimination against individuals with disabilities" and prohibits discrimination in employment, public services and transportation, privatelyowned places of public accommodations, and telecommunications. Although the ADA is not the first federal law addressing disability, its passage made clear that the continued …

Opening Statement: Persuading Without Argument, Maureen A. Howard

Articles

A basic rule of trial practice is that a lawyer cannot argue in opening statement. A lawyer who breaks this rule runs the risk of drawing an objection from opposing counsel and having it sustained by the judge. Of course, as with most rules of trial practice, a lawyer can get away with de minimus violations in most cases and wholesale disregard in cases where opposing counsel—whether as a result of inexperience, inattention or trial strategy—doesn’t object. Although simple in concept, lawyers commonly falter in practical application of the “no argument” rule in two ways: 1) failing to understand what …

Mainstreaming Civil Rights In The Law School Curriculum: Criminal Law And Procedure, Tamara F. Lawson

Articles

No abstract provided.

Moving Beyond The Clamor For "Hedge Fund Regulation": A Reconsideration Of "Client" Under The Investment Advisers Act Of 1940, Anita K. Krug

Articles

This Article argues that, from both theoretical and pragmatic perspectives, a better approach would be for law to regard private fund investors as clients of the managers of those funds for all purposes under the investment advisory regulatory regime. In making these arguments, it dissects the doctrinal and historical underpinnings and sources of the current doctrine--legislative history and case law, in particular, but also SEC interpretations and rule changes. In light of the policy considerations-- including investor protection--that gave rise to the Advisers Act, the growth of the investment advisory industry and private funds' role in it, and lessons learned …

A Post-Race Equal Protection?, Mario L. Barnes, Erwin Chemerinsky, Trina Jones

Articles

No abstract provided.

What Scribner Wrought: How The Invention Of Modern Dialysis Shaped Health Law And Policy, Sallie Thieme Sanford Sanfords@Uw.Edu

Articles

In March 1960, Clyde Shields, a machinist dying from incurable kidney disease, was connected to an "artificial kidney" by means of a U-shaped Teflon tube that came to be known as the Scribner shunt. By facilitating long-term dialysis, Dr. Belding Scriber’s invention changed chronic kidney failure from a fatal illness to a treatable condition. This medical advance has, in turn, had a profound impact on key areas of health law and policy. This paper focuses on the historical roots and current context of three interrelated areas: ethical allocation of scarce medical resources; public financing of expensive health care; and decisions …

Equity And Efficiency In Intellectual Property Taxation, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

This article examines the federal income tax regime governing intellectual property using normative criteria in evaluating taxes: equity and efficiency. The article first evaluates the current intellectual property tax scheme in terms of horizontal equity, identifying differences in tax treatment of what appear to be similar intellectual property activities. It argues that disparate tax treatments between seemingly similar intellectual property owners signal that flaws may exist in the tax system. The article then assesses the efficiency of the intellectual property tax system, examining numerous tax subsidies for intellectual property and their effectiveness in promoting economic growth. It argues that many …

Reducing Disparities Through Health Care Reform: Disability And Accessible Medical Equipment, Elizabeth Pendo

Articles

People with disabilities face multiple barriers to adequate health care and report poorer health status than people without disabilities. Although health care institutions, offices, and programs are required to be accessible, people with disabilities are still receiving unequal and in many cases inadequate care. The 2009 report by the National Council on Disability, The Current State of Health Care for People with Disabilities, reaffirmed some of these findings, concluding that people with disabilities experience significant health disparities and barriers to health care; encounter a lack of coverage for necessary services, medications, equipment, and technologies; and are not included in the …

Mastering Foolproof Witness Control On Cross-Examination, Maureen A. Howard

Articles

In the wonderfully entertaining and instructive video, The Ten Commandments of Cross-Examination, the late Irving Younger offered this appraisal of lawyers’ ability to conduct cross-exam: “Most lawyers do it badly all the time, no lawyer does it well all the time, and no lawyer in the early stages of his career does it well at all.” Happily, we’ve come a long way since Younger’s grim 1975 assessment, due to the instruction of maestros like Younger, Terrence McCarthy (McCarthy on Cross-Examination), and Larry Pozner and Roger Dodd (Cross-Examination: Science and Techniques). All too often, however, lawyers …

Closing Argument: Connecting The Dots For The Jury, Maureen A. Howard

Articles

A common error made by unseasoned attorneys when giving closing argument is retelling the “story” of their case. Storytelling is best used in opening statement, not closing argument. By the time the jurors hear closing argument, they are well acquainted with the story, because they have heard two opening statements and all the evidence.

Closing argument, as the name suggests, is instead the time to argue. This means that in addition to revisiting the theme(s) presented in opening statement, a lawyer may use rhetorical questions, draw conclusions and inferences from the evidence, discuss the credibility of the witness, examine the …

Can Islamizing A Legal System Ever Help Promote Liberal Democracy: A View From Pakistan, Clark B. Lombardi

Articles

Over the past twenty-five years, academics in Europe and the United States have written a great deal about the relationship between Islam and democracy, and between Islam and human rights. This scholarship often fails to acknowledge or take into account similar debates that occurred earlier during a period of decolonization. This article discusses the work of a Christian judge who served on the Supreme Court of Pakistan. This judge, A.R. Cornelius, was a famous Cambridge-educated legal liberal who courageously tried in the 1950s and 60s to protect human rights as Pakistan came under martial rule. Cornelius came to argue shockingly …

People Can Be So Fake: A New Dimension To Privacy And Technology Scholarship, M. Ryan Calo

Articles

This article updates the traditional discussion of privacy and technology, focused since the days of Warren and Brandeis on the capacity of technology to manipulate information. It proposes a novel dimension to the impact of anthropomorphic or social design on privacy.

Technologies designed to imitate people-through voice, animation, and natural language-are increasingly commonplace, showing up in our cars, computers, phones, and homes. A rich literature in communications and psychology suggests that we are hardwired to react to such technology as though a person were actually present.

Social interfaces accordingly capture our attention, improve interactivity, and can free up our hands …

From Chevron To Massachusetts: Justice Stevens's Approach To Securing The Public Interest, Kathryn A. Watts

Articles

During the past three decades, one Supreme Court justice— John Paul Stevens—has authored two of the most significant administrative law decisions that speak to the judiciary’s role in checking agency interpretations of the statutes that they administer. In Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., Justice Stevens’s landmark 1984 decision unanimously upheld the EPA’s construction of a term found in the Clean Air Act. Subsequently, in Massachusetts v. EPA, Justice Stevens’s 2007 opinion for a five-justice majority handed a major win to global environmental security by ordering the EPA to reconsider its refusal to regulate greenhouse …