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Full-Text Articles in Law

One(?) Nation Over-Extended, Gary Lawson Jan 2014

One(?) Nation Over-Extended, Gary Lawson

Faculty Scholarship

The conventional wisdom prior to the founding was that republics needed to be small. The conventional wisdom today is that James Madison, and the example of the United States, proves this to be mistaken. But what if Madison was actually wrong and Montesquieu was right? In this article, I consider whether the United States has gotten too big for its Constitution, whether this massive size contributes to political dysfunction, and what might be done to remedy the problem if there is indeed a problem. I suggest that size can increase rather than decrease the dangers of faction because the increased ...


Greensboro And Beyond: Remediating The Structural Sexism In Truth And Reconciliation Processes And Determining The Potential Impact And Benefits Of Truth Processes In The United States, Peggy Maisel Jan 2013

Greensboro And Beyond: Remediating The Structural Sexism In Truth And Reconciliation Processes And Determining The Potential Impact And Benefits Of Truth Processes In The United States, Peggy Maisel

Faculty Scholarship

Over the last 35 years approximately forty truth commissions have investigated human rights violations and abuses in a wide range of countries and communities. Each of these forty commissions provides different lessons on how investigating and testifying about past abuse can lead to healing and change. I have participated in two of the more remarkable Truth and Reconciliation processes, the first as an observer, the other as an advisor. The former is perhaps the most widely known and discussed TRC process, the one which took place in South Africa from 1996 to 1998 that examined the entire apartheid era in ...


Misguided Relief: The Real Property Tax Addition To The Standard Deduction, Alan Feld Sep 2009

Misguided Relief: The Real Property Tax Addition To The Standard Deduction, Alan Feld

Faculty Scholarship

The push to use federal money for benevolent purposes occasionally produces more cost than benefit, particularly when the outlay comes in the form of taxes forgiven. The Housing Assistance Tax Act of 2008 added a supplement to the basic standard deduction. A nonitemizing taxpayer may claim a deduction for real property taxes paid, up to $500, $1,000 in the case of a joint return. Initially, the change applied only to 2008, but subsequent legislation extended its life through 2009, and pending legislation would make it a permanent part of the Code. Although well intentioned, the real property tax provision ...


An Alternative Model To United States Bar Examinations: The South African Community Service Experience In Licensing Attorneys, Peggy Maisel Jan 2004

An Alternative Model To United States Bar Examinations: The South African Community Service Experience In Licensing Attorneys, Peggy Maisel

Faculty Scholarship

This Article examines the system of educating and licensing attorneys in South Africa to determine whether that country’s experience can provide guidance to jurisdictions in the United States that are considering proposals to reduce or eliminate the importance of bar examinations. The analysis set out here is supplemented by a companion article, providing a first-hand account of the South African system by Ms. Thuli Mhlungu, who was educated and sought admission to the bar during the last years of apartheid and the early years of the new democratic regime.

Examining the situation in South Africa makes particular sense because ...


The New Face Of Investment Arbitration: Nafta Chapter 11, William Park Jan 2003

The New Face Of Investment Arbitration: Nafta Chapter 11, William Park

Faculty Scholarship

To protect American investment abroad, the United States traditionally endorsed arbitration as a preferred means to resolve disputes between investors and host countries. Yet a growing awareness of the down-side of arbitration, at least from the perspective of the party seeking the home-town justice of its own courts, has led to media attacks and legislative initiatives intended to hobble neutral international adjudication. This article suggests that assaults on investment arbitration are misguided, and may end up doing more harm than good. On balance, NAFTA arbitration serves as a positive force in the protection of legitimate economic expectations, enhancing the type ...