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Series

United States

Faculty Scholarship

1996

Articles 1 - 8 of 8

Full-Text Articles in Law

Making Sense Of The Antitrust State-Action Doctrine: Balancing Political Participation And Economic Efficiency In Regulatory Federalism, Robert P. Inman, Daniel L. Rubinfeld Jan 1996

Making Sense Of The Antitrust State-Action Doctrine: Balancing Political Participation And Economic Efficiency In Regulatory Federalism, Robert P. Inman, Daniel L. Rubinfeld

Faculty Scholarship

Examines the appropriate allocation of responsibility for business regulation between the states and the national government in the U.S. Framework for evaluating regulatory federalism; Overview of federalism, political participation and economic efficiency; Conflicts between the federal antitrust laws and the regulatory activities of state and local government.


The Pariah Principle, Daniel A. Farber, Suzanna Sherry Jan 1996

The Pariah Principle, Daniel A. Farber, Suzanna Sherry

Faculty Scholarship

Argues the decision in the homosexuality case of `Romer versus Evans' means that Colorado's Amendment Two is invalid regardless of the level of judicial scrutiny. Failure of the `Romer' court to invoke familiar doctrinal support; Government's ban on untouchable societal groups; Arguments for invalidating Amendment Two; Definition of the pariah principle.


(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry, Laura Ho, Catherine Powell, Leti Volpp Jan 1996

(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry, Laura Ho, Catherine Powell, Leti Volpp

Faculty Scholarship

The article examines the challenges garment workers in the U.S. face in asserting their rights in the global economy and investigates how transnational advocacy can be deployed to compensate for the inability of U.S. labor laws to respond to problems with international dimensions. Using a purely domestic U.S. legal framework, advocates can attack the problem of transnational corporations subcontracting in the U.S. Such efforts, however, will have limited effect because of the global nature of the garment industry. Most efforts to change the structure of the garment industry have occurred within the limitations of U.S ...


The Continuation Of Politics By Other Means: The Original Understanding Of War Powers, John C. Yoo Jan 1996

The Continuation Of Politics By Other Means: The Original Understanding Of War Powers, John C. Yoo

Faculty Scholarship

No abstract provided.


Adoption In The Conflict Of Laws: The Uaa, Not The Uccja, Is The Answer, Herma Hill Kay Jan 1996

Adoption In The Conflict Of Laws: The Uaa, Not The Uccja, Is The Answer, Herma Hill Kay

Faculty Scholarship

In recent years a number of courts in adoption cases have resolved interstate jurisdictional disputes using the Uniform Child Custody Jurisdiction Act (UCCJA). This Article contends that the UCCJA was never intended to be applied in adoption cases, but rather was crafted specifically to meet the very different requirements of child custody disputes following the dissolution of a marriage. Specifically, the UCCJA is designed for situations in which custody determinations are not final judgments and so can be modified to meet changed circumstances. Adoption orders, by contrast, are final judgments, and as such are entitled to full faith and credit ...


Talking Culture: Gender, Race, Nation, And The Politics Of Multiculturalism, Leti Volpp Jan 1996

Talking Culture: Gender, Race, Nation, And The Politics Of Multiculturalism, Leti Volpp

Faculty Scholarship

Responds to Doriane Lambelet Coleman's position on cultural defenses and the politics of multiculturalism in the United States. Addressing of the limited presentation of culture as bound by certain anthropological constructions; Discussion on Coleman's adherence to neutral principles and her promotion of culture blindness; Depiction of non-European immigrant culture as primitive.


Federal Courts As Weapons Of Foreign Policy: The Case Of The Helms-Burton Act, John Yoo Jan 1996

Federal Courts As Weapons Of Foreign Policy: The Case Of The Helms-Burton Act, John Yoo

Faculty Scholarship

No abstract provided.


Reckless Complicity, Sanford H. Kadish Jan 1996

Reckless Complicity, Sanford H. Kadish

Faculty Scholarship

The writer examines the requirement of intention in the law of complicity. This requirement means that a secondary party (S) must intend his or her actions to encourage or help a principal party (P) to commit a particular crime. In cases where the accountability of an actor for the harmful consequences of his or her actions turns on whether he or she caused them, recklessness as to the occurrence of the consequences is sufficient to make the actor criminally liable. The writer discusses why the situation should be different when the consequences take the form of the criminal actions of ...