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Full-Text Articles in Law

Neighbor-On-Neighbor Harassment: Does The Fair Housing Act Make A Federal Case Out Of It?, Robert G. Schwemm Jan 2011

Neighbor-On-Neighbor Harassment: Does The Fair Housing Act Make A Federal Case Out Of It?, Robert G. Schwemm

Law Faculty Scholarly Articles

Does the federal Fair Housing Act (“FHA”) ban harassing statements to a minority family who has just moved into a predominantly white neighborhood? The FHA does contain an antiharassment provision (42 U.S.C. § 3617), and this certainly applies to firebombings and other types of physical assault designed to drive the family out of the area. But does § 3617 also outlaw purely verbal attacks? And if so, how egregious must the remarks be before a federal case should be made out of them? For example, would substituting "Niggers" for "people like you" in the above quote make a difference?

Today ...


The Boundaries Of Privacy Harm, M. Ryan Calo Jan 2011

The Boundaries Of Privacy Harm, M. Ryan Calo

Articles

Just as a burn is an injury caused by heat, so is privacy harm a unique injury with specific boundaries and characteristics. This Essay describes privacy harm as falling into two related categories. The subjective category of privacy harm is the perception of unwanted observation. This category describes unwelcome mental states—anxiety, embarrassment, fear—that stem from the belief that one is being watched or monitored. Examples of subjective privacy harms include everything from a landlord eavesdropping on his tenants to generalized government surveillance.

The objective category of privacy harm is the unanticipated or coerced use of information concerning a ...


Open Robotics, M. Ryan Calo Jan 2011

Open Robotics, M. Ryan Calo

Articles

Robotics is poised to be the next transformative technology. Robots are widely used in manufacturing, warfare, and disaster response, and the market for personal robotics is exploding. Worldwide sales of home robots—such as iRobot’s popular robotic vacuum cleaner—are in the millions. In fact, Honda has predicted that by the year 2020, it will sell as many robots as it does cars. Microsoft founder Bill Gates believes that the robotics industry is in the same place today as the personal computer (“PC”) business was in the 1970s, a belief that is significant given that there are now well ...


Best Practices For Hiring And Retaining A Diverse Law Faculty, Kellye Y, Testy Jan 2011

Best Practices For Hiring And Retaining A Diverse Law Faculty, Kellye Y, Testy

Articles

As with all institutions, the history, character, identity, and accomplishments of each law school are the direct result of its people and their acts. For that simple reason, diversity is critical; it goes to the very core of what the institution is and what it does. With legal institutions, in particular, diversity plays a critical role in shaping the perception of the institution held by persons outside of it. In order for our system of law to function as the bedrock of our democratic society that it aims to be, legal institutions must be perceived as fair and just. If ...


Electronic Chattel Paper: Invitation Accepted, Jane K. Winn Jan 2011

Electronic Chattel Paper: Invitation Accepted, Jane K. Winn

Articles

In 1999, Revised U.C.C. Article 9 governing secured lending was updated to permit the creation of "electronic chattel paper" ("ECP"). Traditional chattel paper is used widely in some sectors of the US economy to finance equipment purchases in part because a chattel paper financers who perfects by taking possession can achieve priority over a pre-existing secured lender who perfected by filing. Revised U.C.C. § 9-105 defined a new form of "control" over ECP that would be treated as equivalent to possession of traditional chattel paper, permitting chattel paper financers to retain their superpriority status with electronic documents ...


Revising Harmless Error: Making Innocence Relevant To Direct Appeals, Helen A. Anderson Jan 2011

Revising Harmless Error: Making Innocence Relevant To Direct Appeals, Helen A. Anderson

Articles

In most jurisdictions, convicted defendants have the right to an appeal at public expense, and to the assistance of counsel with that appeal. But the direct appeal is almost never concerned with actual innocence. On direct appeal, courts will look at claims of trial error, and evaluate those claims and their "harmlessness" based only on the trial record. Thus, the chances of a reversal on direct appeal bear no relation to the chances that the wrong person has been convicted.

While the current appeal system may encourage proper trial procedures, it does not provide a check against wrongful conviction. The ...


Enforcement Of Open Source Software Licenses: The Mdy Trio's Inconvenient Compliations, Robert W. Gomulkiewicz Jan 2011

Enforcement Of Open Source Software Licenses: The Mdy Trio's Inconvenient Compliations, Robert W. Gomulkiewicz

Articles

The Federal Circuit’s ruling in Jacobsen v. Katzer [535 F.3d 1373 (Fed. Cir. 2008)] finally settled the question of whether open source licenses are enforceable. Unfortunately, three recent cases from the Ninth Circuit have complicated matters. I call this trio of cases the “MDY Trio” in honor of the Ninth Circuit’s prior trio of licensing cases known as the “MAI Trio.”

On the surface, the MDY Trio provides a boost for the enforceability of software licenses, but the MDY Trio also creates two significant complications for open source licenses. First, the MDY Trio’s test for distinguishing ...


Gangs And Gang Activity In America: A Prevention Report, Portland State University. Criminology And Criminal Justice Senior Capstone Jan 2011

Gangs And Gang Activity In America: A Prevention Report, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

This report covers information on gangs, gang activity, and gang prevention. The report reveals information such as the history of gangs in the U.S., the definition of “gang,” data on prevalence, persons affected by gang activity, demographics of gangs and their members, criminal activity committed by gangs, gang hierarchical structure, prevention strategies, and effectiveness of gang prevention programs.


Sent ‘Home’ With Nothing: The Deportation Of Jamaicans With Mental Disabilities, Georgetown University Law Center, Human Rights Institute Jan 2011

Sent ‘Home’ With Nothing: The Deportation Of Jamaicans With Mental Disabilities, Georgetown University Law Center, Human Rights Institute

HRI Papers & Reports

No abstract provided.


Supreme Court Institute Annual Report, 2010-2011, Georgetown University Law Center, Supreme Court Institute Jan 2011

Supreme Court Institute Annual Report, 2010-2011, Georgetown University Law Center, Supreme Court Institute

SCI Papers & Reports

During the 2010-2011 academic year--corresponding to the U.S. Supreme Court’s October Term (OT) 2010--the Supreme Court Institute (SCI) provided moot courts for advocates in over 93% of the cases heard by the Court this Term; sponsored a range of programming related to the Supreme Court; and hosted delegations of lawyers and judges visiting from Britain, Rwanda, Kosovo, Korea, China, and Germany. A list of all SCI moot courts held in OT 2010, listed by sitting and date of moot and including the name and affiliation of each advocate and the number of student observers, follows the narrative portion ...


Enhanced Supervision: A New Regime For Regulating Large, Complex Financial Institutions: Hearing Before The Subcomm. On Financial Institutions And Consumer Protection Of The S. Comm. On Banking, Housing, And Urban Affairs, 112th Cong., December 7, 2011 (Statement Of Arthur E. Wilmarth, Jr., Prof. Of Law, Gw Law School), Arthur E. Wilmarth Jr. Jan 2011

Enhanced Supervision: A New Regime For Regulating Large, Complex Financial Institutions: Hearing Before The Subcomm. On Financial Institutions And Consumer Protection Of The S. Comm. On Banking, Housing, And Urban Affairs, 112th Cong., December 7, 2011 (Statement Of Arthur E. Wilmarth, Jr., Prof. Of Law, Gw Law School), Arthur E. Wilmarth Jr.

GW Law Faculty Testimony Before Congress & Agencies

No abstract provided.


Cyber Security: Protecting America's New Frontier: Hearing Before The H. Subcomm. On The Crime, Terrorism, And Homeland Security Of The H. Comm. On The Judiciary, 112th Cong., November 15, 2011 (Statement Of Orin S. Kerr, Prof. Of Law, Gw Law School), Orin S. Kerr Jan 2011

Cyber Security: Protecting America's New Frontier: Hearing Before The H. Subcomm. On The Crime, Terrorism, And Homeland Security Of The H. Comm. On The Judiciary, 112th Cong., November 15, 2011 (Statement Of Orin S. Kerr, Prof. Of Law, Gw Law School), Orin S. Kerr

GW Law Faculty Testimony Before Congress & Agencies

No abstract provided.


Judicial Reliance On Foreign Law: Hearing Before The H. Subcomm. On The Constitution Of H. Comm. On The Judiciary, 112th Cong., December 14, 2011 (Statement Of David Fontana, Assoc. Prof. Of Law, Gw Law School), David Fontana Jan 2011

Judicial Reliance On Foreign Law: Hearing Before The H. Subcomm. On The Constitution Of H. Comm. On The Judiciary, 112th Cong., December 14, 2011 (Statement Of David Fontana, Assoc. Prof. Of Law, Gw Law School), David Fontana

GW Law Faculty Testimony Before Congress & Agencies

No abstract provided.


A Balanced Budget Amendment: The Perils Of Constitutionalizing The Budget Debate: Hearing Before The Subcomm. On The Constitution, Civil Rights And Human Rights Of The S. Comm. On The Judiciary, 112th Cong., November 30, 2011 (Statement Of Alan B. Morrison, Assoc. Dean Pub. Interest & Pub. Service Law, Gw Law School), Alan B. Morrison Jan 2011

A Balanced Budget Amendment: The Perils Of Constitutionalizing The Budget Debate: Hearing Before The Subcomm. On The Constitution, Civil Rights And Human Rights Of The S. Comm. On The Judiciary, 112th Cong., November 30, 2011 (Statement Of Alan B. Morrison, Assoc. Dean Pub. Interest & Pub. Service Law, Gw Law School), Alan B. Morrison

GW Law Faculty Testimony Before Congress & Agencies

No abstract provided.


Criminal Code Modernization And Simplification Act Of 2011: Hearing Before The H. Subcomm. On Crime, Terrorism And Homeland Security, 112th Cong., December 13, 2011 (Statement Of Stephen A. Saltzburg, Prof. Of Law, Gw Law School), Stephen A. Saltzburg Jan 2011

Criminal Code Modernization And Simplification Act Of 2011: Hearing Before The H. Subcomm. On Crime, Terrorism And Homeland Security, 112th Cong., December 13, 2011 (Statement Of Stephen A. Saltzburg, Prof. Of Law, Gw Law School), Stephen A. Saltzburg

GW Law Faculty Testimony Before Congress & Agencies

No abstract provided.


South African Charter Of Religious Rights And Freedoms, I Benson Jan 2011

South African Charter Of Religious Rights And Freedoms, I Benson

Law Papers and Journal Articles

The creation, under Section 234 of the Constitution of South Africa (1996) of a South African Charter of Religious Rights and Freedoms, signed by every major religious group in South African as well as representatives of leading South African Constitutional Commissions and others is a development of some importance and potential world significance. It will be, once passed into law, the first Charter created under this section. The civil society initial phase of discussions, consultations, meetings and drafting and re-drafting led to the public signing ceremony at the University of Johannesburg on 21 October 2010. The next phase moves to ...


The Unexamined Faiths And The Public Place Of Religion: Emerging Insights From The Law, I Benson Jan 2011

The Unexamined Faiths And The Public Place Of Religion: Emerging Insights From The Law, I Benson

Law Papers and Journal Articles

The article examines certain key terms, such as “beliefs” and “faith” and how these are understood in relation to the public sphere. It examines some writings of recent popularist authors such as Richard Dawkins and Christopher Hitchens, and is critical of the authors’ claims that they do not have faith or beliefs. Drawing on legal decisions in Canada and South Africa the article suggests that this sort of terminological looseness has legal and political implications when it comes to whether or not beliefs of all sorts (religious and non-religious) are treated fairly in the public sphere. Arguing for a more ...


The Puzzling Resistance To Judicial Review Of The Legislative Process, Ittai Bar-Siman-Tov Jan 2011

The Puzzling Resistance To Judicial Review Of The Legislative Process, Ittai Bar-Siman-Tov

Columbia Public Law & Legal Theory Working Papers

Should courts have the power to examine the legislature’s enactment process and strike down statutes enacted contrary to procedural lawmaking requirements? This idea remains highly controversial. While substantive judicial review is well-established and often taken for granted, many judges and scholars see judicial review of the legislative process as utterly objectionable. This Article challenges that prevalent position and establishes the case for judicial review of the legislative process.

The Article contends that, ironically, some of the major arguments for substantive judicial review in constitutional theory, and even the arguments in Marbury v. Madison itself, are actually more persuasive when ...


Examination Of The Federal Consistency Provision Of The Coastal Zone Management Act In Rhode Island, William Yost Jan 2011

Examination Of The Federal Consistency Provision Of The Coastal Zone Management Act In Rhode Island, William Yost

Sea Grant Law Fellow Publications

No abstract provided.


Offshore Wind Development On The Eastern United States Coast And Its Impacts On Commercial Fishing, Kristen Bonjour Jan 2011

Offshore Wind Development On The Eastern United States Coast And Its Impacts On Commercial Fishing, Kristen Bonjour

Sea Grant Law Fellow Publications

No abstract provided.


Religious Freedom, Church-State Separation, & The Ministerial Exception, Carl H. Esbeck, Thomas C. Berg, Kimberlee Wood Colby, Richard W. Garnett Jan 2011

Religious Freedom, Church-State Separation, & The Ministerial Exception, Carl H. Esbeck, Thomas C. Berg, Kimberlee Wood Colby, Richard W. Garnett

Faculty Publications

The Hosanna-Tabor case concerns the separation of church and state, an arrangement that is often misunderstood but is nevertheless a critical dimension of the freedom of religion protected by the First Amendment to our Constitution. For nearly a thousand years, the tradition of Western constitutionalism - the project of protecting political freedom by marking boundaries to the power of government - has been assisted by the principled commitment to religious liberty and to church-state separation, correctly understood. A community that respects - as ours does - both the importance of, and the distinction between, the spheres of political and religious authority is one in ...


The Unimportance Of Being "Electronic" Or Popular Misconceptions About “Internet Contracting”, Eliza Mik Jan 2011

The Unimportance Of Being "Electronic" Or Popular Misconceptions About “Internet Contracting”, Eliza Mik

Research Collection School Of Law

Existing e-commerce literature abounds with misconceptions regarding both technology and contract law. Long-standing legal concepts are adorned with “e-” or “cyber-” to appear more exciting. The traditional contractual regime issupplanted with new principles instead of being supplemented with technological considerations. It is one thing, to include technology in legal analyses, it is another to create separate, technology-specific categories. Separate categories justify the departure from traditional principles. Most, if not all, alleged “challenges” created by new communication scenarios fit within the existing legal framework, technological complexity and novelty of the Internet notwithstanding. Most “challenges” are also unrelated to the fact that ...


Massachusetts Town Bylaws As They Relate To Restricting Or Conditioning Human Activities In And Around Eelgrass Beds, Benjamin J. Goetsch Jan 2011

Massachusetts Town Bylaws As They Relate To Restricting Or Conditioning Human Activities In And Around Eelgrass Beds, Benjamin J. Goetsch

Sea Grant Law Fellow Publications

No abstract provided.


Aals Hot Topic Panel Question & Answer Session, Erwin Chemerinsky, Brad Joondeph, Randy E. Barnett, David G. Oedel, Gillian Metzger Jan 2011

Aals Hot Topic Panel Question & Answer Session, Erwin Chemerinsky, Brad Joondeph, Randy E. Barnett, David G. Oedel, Gillian Metzger

Faculty Scholarship

No abstract provided.


Discourse Norms As Default Rules: Structuring Corporate Speech To Multiple Stakeholders, David Yosifon Jan 2011

Discourse Norms As Default Rules: Structuring Corporate Speech To Multiple Stakeholders, David Yosifon

Faculty Publications

This Article analyzes corporate speech problems through the framework of corporate law. The focus here is on the "discourse norms" that regulate corporate speech to various corporate stakehold-ers, including shareholders, workers, and consumers. I argue that these "discourse norms" should be understood as default terms in the "nexus-of-contracts" that comprises the corporation. Having reviewed the failure of corporate law as it bears on the interests of non-shareholding stakeholders such as workers and consumers, I urge the adoption of prescriptive discourse norms as an approach to reforming corporate governance in a socially useful manner.


Santa Clara Law 1911-2010: Centennial Faculty Bibliography, Mary D. Hood Jan 2011

Santa Clara Law 1911-2010: Centennial Faculty Bibliography, Mary D. Hood

Faculty Publications

Faculty scholarship represents the intellectual life of a law school. To feature our faculty‟s scholarly efforts, the reference staff at Heafey Law Library maintains a database of the published scholarship of full-time faculty and other academic staff currently in residence at Santa Clara Law. This database consists of all publications of faculty through their tenure at Santa Clara. As the law school began to make plans to celebrate its centennial birthday it seemed appropriate for the law library to contribute to the occasion. What more fitting way to mark this historic milestone than to have the library staff create ...


A Defense Of The Constitutionality Of The Individual Mandate, Erwin Chemerinsky Jan 2011

A Defense Of The Constitutionality Of The Individual Mandate, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Not A Free Speech Court, Erwin Chemerinsky Jan 2011

Not A Free Speech Court, Erwin Chemerinsky

Faculty Scholarship

Two of the most high-profile decisions in the Supreme Court's October 2010 term were clear victories for freedom of speech. In Snyder v. Phelps, the Court considered whether the First Amendment protects the right of protestors to go to military funerals to express anti-gay messages.' Matthew Snyder was a Marine who died in military service in Iraq. The members of the Westboro Baptist Church went to his funeral and, as is their practice, held up signs that condemned homosexuality and tolerance for it. Snyder's father sued the demonstrators for intentional infliction of emotional distress and intrusion upon seclusion ...


Annotated Brief Of Professors Of Public International Law And Comparative Law As Amici Curiae In Samantar V. Yousuf, Chimène Keitner Jan 2011

Annotated Brief Of Professors Of Public International Law And Comparative Law As Amici Curiae In Samantar V. Yousuf, Chimène Keitner

Faculty Scholarship

No abstract provided.


Addressing Employee Lawsuits, David Sherwyn, Paul E. Wagner Jan 2011

Addressing Employee Lawsuits, David Sherwyn, Paul E. Wagner

Articles and Chapters

[Excerpt] For months you tried to save this employee. You gave him numerous second chances, you gave him a performance improvement plan, and you even put him on probation. Finally, after all the warnings, the low productivity, and the time and effort, you have no choice but to let the employee go. You agonized over the decision but knew it was right. Imagine your surprise when you received a letter in the mail today accusing you and your company of disability discrimination! You did not even know the employee was disabled. You are faced with the reality: All managers are ...