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Articles 1 - 30 of 85
Full-Text Articles in Law
Brief Of Amici Curiae National Health Law Program And National Network Of Abortion Funds Supporting Petitioners-Cross-Respondents, Maya Manian, Jill E. Adams, Sara Ainsworth, Abigail K. Coursolle, Yvonne Lidgren, Sarah Somers, Melanie R. Medalle
Brief Of Amici Curiae National Health Law Program And National Network Of Abortion Funds Supporting Petitioners-Cross-Respondents, Maya Manian, Jill E. Adams, Sara Ainsworth, Abigail K. Coursolle, Yvonne Lidgren, Sarah Somers, Melanie R. Medalle
Amicus Briefs
No abstract provided.
International Arbitration And Attorney-Client Privilege — A Conflict Of Laws Approach, Susan Franck
International Arbitration And Attorney-Client Privilege — A Conflict Of Laws Approach, Susan Franck
Articles in Law Reviews & Other Academic Journals
Privilege determinations in international arbitration are currently the equivalent of the “wild west,” with minimal predictability and massive pockets of tribunal discretion. Yet protecting privilege in international arbitration — when the same document or communications with lawyers that is protected by United States law may receive no protection under another law — is fundamental to safeguarding attorney-client relationships within a global environment, incentivizing procedural integrity of dispute resolution, and ensuring that justice is done. As it is not clear what law applies to privilege and client confidentiality (let alone how the law is determine), this Essay begins to bridge the …
Reclaiming Place-Based Development Incentive, Ezra Rosser
Reclaiming Place-Based Development Incentive, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
Professor Michelle Layser's forthcoming article is an attack on the current form of place-based tax incentive programs. Layser argues that while rhetorically such programs are said to help the poor, by design they support gentrification in ways that harm the poor. The article ends with a call to reform place-based incentive programs so that the poor in selected areas actually benefit.
The Myth Of Enforcing Border Security Versus The Reality Of Enforcing Dominant Masculinities, Jamie Abrams
The Myth Of Enforcing Border Security Versus The Reality Of Enforcing Dominant Masculinities, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
This essay explores the masculinities underpinnings in modern immigration law, policy, and rhetoric. Existing analysis has captured the ways in which Trump-era immigration laws, policies, and rhetoric are explicitly and implicitly packaged in alarming racism and xenophobia. These critical lenses continue a long and deeply worrisome legacy of “othering” and dehumanizing immigrants and, more broadly, marginalizing communities of color in the United States.
Outside of the immigration law lens, separate strands of scholarship and media coverage have highlighted the toxic masculinities of the Trump era. These discussions have generally focused on President Trump’s treatment of women, the gendered campaign dynamics …
Justice Breyer And The Rise Of Globalization: An Analysis Of The Jurisprudence Of Justice Breyer As A Pragmatic Visionary, Timothy Sajal Klee
Justice Breyer And The Rise Of Globalization: An Analysis Of The Jurisprudence Of Justice Breyer As A Pragmatic Visionary, Timothy Sajal Klee
Upper Level Writing Requirement Research Papers
No abstract provided.
Panel 1: Prison Reform In The United States And Abroad, Brenda V. Smith, William Hellerstein, Deborah Labelle, Juan E. Mendez
Panel 1: Prison Reform In The United States And Abroad, Brenda V. Smith, William Hellerstein, Deborah Labelle, Juan E. Mendez
Presentations
Professor Emeritus Herman Schwartz’s distinguished career has focused attention on the cause of human rights, civil liberties, and the rule of law. From the UN to Helsinki Watch, and from Israel and Eastern Europe to the United States, his work on emerging democracies, constitutional reform, and rule of law has inspired a generation of students, scholars, and practitioners to engage in this important work. Join us for a symposium on prison reform, comparative constitutionalism, voting rights, and human rights in Israel, with experts, activists, and academics in celebration of his contributions.
Reclaiming State Authority Over Zoning Property, Ezra Rosser
Reclaiming State Authority Over Zoning Property, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
In 2019, Oregon became the first state to pass legislation that essentially bans single-family zoning.' As states across the country struggle to respond to the housing affordability crisis, Oregon's actions do not stand alone. John Infranca's recent article, The New State Zoning: Land Use Preemption Amid a Housing Crisis, may have been published before Oregon's historic vote but it is essential reading for those interested in the future of zoning.
Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh
Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh
Upper Level Writing Requirement Research Papers
Regulating music on radio or television is not a straightforward process, as the music is comprised of lyrics of words. On top of the lyrics, any music performance has an additional layer of choreography and dress code. If any individual elements or combined elements is obscene or indecent, the government attempts to regulate broadcasting both music and performance. This leads to regulating general speech on communications and it requires this paper to look into regulation of broadcasting in general and specific examples of music broadcasting regulation on radio and television, particularly, in the United States (“States”) and in Republic of …
Scotus's Second Take On Trademark Registration As Speech, Christine Farley
Scotus's Second Take On Trademark Registration As Speech, Christine Farley
Editorial Contributions
Professor Farley offers her take on Iancu v. BrunettiURL: https://patentlyo.com/patent/2019/06/scotuss-trademark-registration.html
In The Right Direction, Family Diversity In The Inter-American System Of Human Rights, Macarena Sáez
In The Right Direction, Family Diversity In The Inter-American System Of Human Rights, Macarena Sáez
Articles in Law Reviews & Other Academic Journals
This Article argues that the Inter-American System of Human Rights has contributed to a family system that embraces gender equality and non-heterosexual and gender non-conforming families. It argues that the system had, from its inception, an expansive idea of the family that included associations outside marriage. This was the basis for a robust development of the concepts of equality and non-discrimination by the Inter-American Commission of Human Rights and the Inter-American Court of Human Rights. Although the IACtHR has only decided a handful of cases related to the non-heterosexual family, its rich case law on equality and the right to …
Brief Of The R Street Institute As Amicus Curiae In Support Of Petitioner, Charles Duan
Brief Of The R Street Institute As Amicus Curiae In Support Of Petitioner, Charles Duan
Amicus Briefs
It is a common but misleading premise of cases such as this one that the disappointed patent applicant has two options for judicial review: a 35 U.S.C. § 145 district court action and an appeal under 35 U.S.C. § 141. The applicant also has a non-judicial option: administrative remedies within the U.S. Patent and Trademark Office.
These administrative remedies add an important dimension to this case. The Court of Appeals adopted what it conceded was an atextual construction of § 145 expense recovery provision in order to ensure that § 145 actions were not cost-prohibitive to “small businesses and individual …
In This Issue, What Would Justice Brennan Say To Justice Thomas?, Stephen Wermiel
In This Issue, What Would Justice Brennan Say To Justice Thomas?, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Americas Coverage, Human Rights Brief
Americas Coverage, Human Rights Brief
Human Rights Brief Spring 2019 Regional Coverage
No abstract provided.
Middle East & North Africa Coverage, Human Rights Brief
Middle East & North Africa Coverage, Human Rights Brief
Human Rights Brief Spring 2019 Regional Coverage
No abstract provided.
Europe & Central Asia Coverage, Human Rights Brief
Europe & Central Asia Coverage, Human Rights Brief
Human Rights Brief Spring 2019 Regional Coverage
No abstract provided.
Asia & Oceania Coverage, Human Rights Brief
Asia & Oceania Coverage, Human Rights Brief
Human Rights Brief Spring 2019 Regional Coverage
No abstract provided.
The Inescapable Intersection Of Race, Law, And Sports: Perspectives From The Field, N. Jeremi Duru, Michele Roberts, Woodie Dixon, Jeff Whitney
The Inescapable Intersection Of Race, Law, And Sports: Perspectives From The Field, N. Jeremi Duru, Michele Roberts, Woodie Dixon, Jeff Whitney
Presentations
During the Civil Rights Movement of the 1960’s, race and sport were thickly intertwined. Athletes such as Arthur Ashe, Muhammad Ali, John Carlos, and Tommie Smith used their platforms as sports stars to challenge racial and economic injustice. In the decades that followed, that activist spirit largely receded, but over the past several years athlete activism has been on the rise. From Miami Heat players posting a group photo in hooded sweatshirts in protest of Trayvon Martin’s killing to St. Louis Rams’ players running onto the field with hands above their heads in protest of Michael Brown’s killing to Colin …
Five Principles For Vertical Merger Enforcement Policy, Jonathan Baker, Nancy Rose, Steven Salop, Fiona Scott Morton
Five Principles For Vertical Merger Enforcement Policy, Jonathan Baker, Nancy Rose, Steven Salop, Fiona Scott Morton
Articles in Law Reviews & Other Academic Journals
There seems to be consensus that the Department of Justice’s 1984 Vertical Merger Guidelines do not reflect either modern theoretical and empirical economic analysis or current agency enforcement policy. Yet widely divergent views of preferred enforcement policies have been expressed among agency enforcers and commentators. Based on our review of the relevant economic literature and our experience analyzing vertical mergers, we recommend that the enforcement agencies adopt five principles: (i) The agencies should consider and investigate the full range of potential anticompetitive harms when evaluating vertical mergers; (ii) The agencies should decline to presume that vertical mergers benefit competition on …
Symposium On "International Trade In The Trump Era", Padideh Ala'i
Symposium On "International Trade In The Trump Era", Padideh Ala'i
Presentations
Speaker, Symposium on International Trade in the Trump Era, Yale Law School (February 22, 2019) Symposium: International Trade in the Trump EraPanel I: The WTO and the Future of Dispute Settlement in International TradePresented Paper: The Vital Role of the WTO Appellate Body in the Promotion of Rule of Law and International Cooperation: A Case Study
Federal Courts And The Poor: Lack Of Standards And Uniformity In Civil In Forma Pauperis Pleadings, Ezra Rosser
Federal Courts And The Poor: Lack Of Standards And Uniformity In Civil In Forma Pauperis Pleadings, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
Andrew Hammond's article, Pleading Poverty in Federal Court, shows that there is considerable variation in how federal courts consider requests by the poor for fee waivers in civil litigation. Courts not only use different forms to collect ability-to-pay information but they also apply different standards when determining whether fees should be waived. By focusing attention on federal court in forma pauperis motion practices, Hammond's article sheds light on how the poor can be negatively impacted by routine court practices that might ordinarily be treated as merely administrative. Hammond makes a convincing argument that federal courts should have uniform standards for …
The User Rights Database: Measuring The Impact Of Copyright Balance, Sean Flynn, Michael Palmedo
The User Rights Database: Measuring The Impact Of Copyright Balance, Sean Flynn, Michael Palmedo
Working Papers
International and domestic copyright law reform around the world is increasingly focused on how copyright user rights should be expanded to promote maximum creativity and access to knowledge in the digital age. These efforts are guided by a relatively rich theoretical literature. However, few empirical studies explore the social and economic impact of expanding user rights in the digital era. One reason for this gap has been the absence of a tool measuring the key independent variable – changes in copyright user rights over time and between countries. We developed such a tool, which we call the “User Rights Database.” …
Rethinking Feres: Granting Access To Justice For Service Members, Andrew F. Popper
Rethinking Feres: Granting Access To Justice For Service Members, Andrew F. Popper
Articles in Law Reviews & Other Academic Journals
In 1946, the ancient wall of sovereign immunity gave way with the passage of the Federal Tort Claims Act (FTCA) opening the courthouse doors to persons harmed by those acting on behalf of the federal government. From the outset, FTCA liability was limited by the expansive discretionary function exception and other express limitations on civil actions. Unresolved in the FTCA was the fate of members of our armed forces injured by actions "incident to service" but outside of armed conflict. Four years later, in Feres v. United States, the Court addressed this question placing dramatic limits on civil tort claims …
Why Central Banks Need To Take Human Rights More Seriously, Daniel D. Bradlow
Why Central Banks Need To Take Human Rights More Seriously, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
Most central bankers think that there is a tenuous connection between the operations of central banks and human rights. Their responsibility is to concentrate on the relatively narrow set of macro-economic variables that are relevant to their mandates and to leave to their country’s political leadership the decisions dealing with the complex and politically sensitive variables that affect the functioning of the economy and society.
This position is no longer tenable. Climate change is forcing the central banking community to rethink their view of their responsibilities. The recent release of the Network for Greening, the Financial System’s first comprehensive report …
Human Rights Heroes: The Challengers Of Free Speech, Stephen Wermiel
Human Rights Heroes: The Challengers Of Free Speech, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
The U.S. Supreme Court's jurisprudence on freedom of speech and press spans little more than 100 years, during which justices from Oliver Wendell Holmes to John Roberts have weighed in on the development of the law. But perhaps more than in some other areas of constitu- tional law, the evolution and growth of free speech have required the courage, sacrifice, determination, and commitment of hundreds, maybe thousands, of litigants over the years who have waged heroic struggles for their rights.
Using The Ada's 'Integration Mandate' To Disrupt Mass Incarceration, Robert Dinerstein
Using The Ada's 'Integration Mandate' To Disrupt Mass Incarceration, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
As a result of the disability rights movement's fight for the development of community-based services, the percentage of people with intellectual and developmental disabilities (I/DD) and mental illness living in institutions has significantly decreased over the last few decades. However, in part because of government failure to invest properly in community-based services required for a successful transition from institutions, individuals with disabilities are now dramatically overrepresented in jails and prisons. The Americans with Disabilities Act's (ADA) "integration mandate" -- a principle strengthened by the Supreme Court's 1999 Olmstead v. L.C. decision, entitling individuals with disabilities to receive services in the …
The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sacouto, Patricia Viseur Sellers
The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sacouto, Patricia Viseur Sellers
Articles in Law Reviews & Other Academic Journals
On June 8, 2018, a majority of the Appeals Chamber of the International Criminal Court (ICC) reversed the conviction of former military commander Jean-Pierre Bemba for the crimes against humanity of rape and murder and the war crimes of rape, murder, and pillaging committed by his troops in the Central African Republic (CAR) between October 2002, and March 2003. The decision was clearly a disappointment for the victims of the crimes committed by Bemba’s troops, who have been waiting for more than fifteen years for a measure of justice. Significantly, the acquittal also means that sixteen years after the Rome …
Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan Carle
Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan Carle
Articles in Law Reviews & Other Academic Journals
Legal scholars are becoming increasingly interested in how the literature on implicit bias helps explain illegal discrimination. However, these scholars have not yet mined all of the insights that science on the social brain can offer antidiscrimination law. That science, which researchers refer to as social neuroscience, involves a broadly interdisciplinary approach anchored in experimental natural science methodologies. Social neuroscience shows that the brain tends to evaluate others by distinguishing between "us" versus "them" on the basis of often insignificant characteristics, such as how people dress, sing, joke, or otherwise behave. Subtle behavioral markers signal social identity and group membership, …
Accidental Scholar: Navigating Academia As A Clinician And Reflecting On Intergenerational Change, Binny Miller
Accidental Scholar: Navigating Academia As A Clinician And Reflecting On Intergenerational Change, Binny Miller
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Right To A Healthy Prison Environment: Health Care In Custody Under The Prism Of Torture, Juan E. Mendez
Right To A Healthy Prison Environment: Health Care In Custody Under The Prism Of Torture, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Regulatory Accountability Act Loses Steam But The Trump Executive Order On Alj Selection Upturned 71 Years Of Practice, Jeffrey Lubbers
The Regulatory Accountability Act Loses Steam But The Trump Executive Order On Alj Selection Upturned 71 Years Of Practice, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.