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Full-Text Articles in Law

In The Twelve Years Of Nafta, The Treaty Gave To Me ... What, Exactly?: An Assessment Of Economic, Social, And Political Developments In Mexico Since 1994 And Their Impact On Mexican Immigration Into The United States, Ranko Shiraki Oliver Apr 2007

In The Twelve Years Of Nafta, The Treaty Gave To Me ... What, Exactly?: An Assessment Of Economic, Social, And Political Developments In Mexico Since 1994 And Their Impact On Mexican Immigration Into The United States, Ranko Shiraki Oliver

Faculty Scholarship

No abstract provided.


Preliminary Thoughts On Copyright Reform, Pamela Samuelson Jan 2007

Preliminary Thoughts On Copyright Reform, Pamela Samuelson

Faculty Scholarship

The article discusses the relevance of revising the U.S. Copyright Act of 1976. According to the author, the Copyright Act of 1976 has already undergone more than 20 amendments since it was ratified into law which compromises its regulations because of the diverse inter and intra industrial negotiations as well as increases controversial issues on law and policymaking. Moreover, the author stresses that revision of the legislation is necessary because it contains lapses and insufficient policies in addressing advanced technological innovations and digital applications. It also cites the codification development model of copyright law and the guidelines to consider ...


Parents Involved: The Mantle Of Brown, The Shadow Of Plessy, John A. Powell, Stephen Menendian Jan 2007

Parents Involved: The Mantle Of Brown, The Shadow Of Plessy, John A. Powell, Stephen Menendian

Faculty Scholarship

The article explores the historical interpretations of the Fourteenth Amendment and the Supreme Court's ruling in the Parents Involved case. It argues that the Court's anticlassification principle is not supported by the central meaning and legacy of Brown. It states that the decision has changed the meaning of Brown via adopting formal equality as a normative constitutional principle. It adds that the court dismisses the harm of segregation and stresses the harm of racial classification.


Wartime Process: A Dialogue On Congressional Power To Remove Issues From The Federal Courts, Jesse Choper, John Yoo Jan 2007

Wartime Process: A Dialogue On Congressional Power To Remove Issues From The Federal Courts, Jesse Choper, John Yoo

Faculty Scholarship

The article presents the authors' dialogue that seeks to clarify the issues at stake in the U.S. Congress' enactment of the Military Commission Act of 2006 (MCA), an act that raised several complicated constitutional issues. They note that limiting the habeas corpus jurisdiction of the federal courts for aliens held at Guantanamo Bay in Cuba may present error correction, but it also debunks the MCA to attack as unconstitutional jurisdiction stripping or an illegal suspension of the writ of habeas corpus. Their dialogue identifies and articulates the conflict between two long-standing constitutional principles: one which lies congressional control over ...


The Supreme Court, The Law Of Nations, And Citations Of Foreign Law: The Lessons Of History, Daniel A. Farber Jan 2007

The Supreme Court, The Law Of Nations, And Citations Of Foreign Law: The Lessons Of History, Daniel A. Farber

Faculty Scholarship

The article attempts to examine the U.S. Supreme Court's (SC) reliance on foreign law in light of historic American attitudes toward the law of nations and other forms of foreign authority. First, it provides additional background on the current SC's reliance on foreign law. Second, it looks at the historical record, explaining how foreign law influenced the thinking of the framers of the Constitution and of the anti-slavery Republicans. Third, it surveys the history of SC's use of foreign law in constitutional decisions. Fourth, it assesses some of the arguments against SC use of foreign law ...


The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley Jan 2007

The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell Jan 2007

Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell

Faculty Scholarship

Present sentencing law in criminal cases of financial reporting fraud is embarrassingly flawed. The problem is urgent given that courts are now regularly sentencing corporate offenders, sometimes (but sometimes not) to extremely punitive terms of imprisonment. Policing of fraud by multiple jurisdictions in a federal system means that principled sentencing law is necessary not only for first-order policy reasons but also for coordination of sanctioning efforts. Proportionality and rationality demand that sentencing law have an agreed scale for measuring cases of financial reporting fraud in relation to each other, a sound methodology for fixing a given case on that scale ...