Law Commons^™

The Federal Law Of Attorney Conduct, Daniel Coquillette, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

Texas Family Law: Direct And Cross-Examination, Sydney Beckman, Heather King, Bruce Beverly

Bruce L. Beverly

No abstract provided.

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …

Closet Case: Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren Hutchinson

Darren L Hutchinson

This Article argues that the Supreme Court's decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly defines "sexual identity" as a clinical or biological imposition that exists apart from expression or speech. This article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual "equality" upon the silencing of gay lesbian, bisexual, and transgender individuals.

Ultra Vires Lives! A Stakeholder Analysis Of Corporate Illegality (With Notes On How Corporate Law Could Reinforce International Law Norms), Kent Greenfield

Kent Greenfield

This paper argues that a remaining vestige of the ultra vires doctrine sets off illegal activities as "beyond the power" of corporations. Though largely unnoticed and unexamined until now, this part of the doctrine has been retained because none of the important corporate stakeholders has an interest in authorizing the corporation and its managers to commit illegal acts. From an ex ante perspective, the principal stakeholders in the corporate contract would want the corporation and its management to forego illegalities as a way to increase the value of the firm. Any of the stakeholders would be a potential victim of …

Can Health Systems Heal Themselves?, Robert Field

Robert I. Field

No abstract provided.

Universal Mother : Transnational Migration And The Human Rights Of Black Women In The Americas, Hope Lewis

Hope Lewis

Community-based or personal forms of identity, as well as some externally imposed gender, race, and cultural stereotypes operate simultaneously to influence global markets. This Article explores the human rights implications of the stories surrounding a female migrant household worker as they exemplify how perceptions about identity can shape legal responses and how legal frameworks can shape perceptions of identity. The identities associated with the migrant household worker seemed to constitute a uniquely complex illustration of the intersection of race, gender, ethnicity, class, immigration status, nationality, and disability. However, the stories establish that all identities can be equally complex. This Article …

Time For Ordinary Israelis And Palestinians To Talk It Through, Andrew Strauss

Andrew L. Strauss

No abstract provided.

Discipline And Punish: Despatches From The Citation Manual Wars And Other (Literally) Unspeakable Stories, Penelope Pether

Penelope J Pether

No abstract provided.

Payee Tax Representations & The Isda Master Agreement, Christian Johnson

Christian A. Johnson

Licensing Speech: The Case Of Vanity Plates, Marybeth Herald

Marybeth Herald

Vanity license plates qualify as protected speech under the First Amendment, and denying plate requests because of their content contradicts traditional principles of free speech. State motor vehicle departments are almost as creative as applicants when it comes to ferreting out offensive license plate requests through the use of computer programs and linguists. Offensiveness, however, remains an elusive concept to capture and often lies in the eyes of a single viewer. When the government takes on the role of arbiter of good taste, it leads to arbitrary decision making and chaotic results.

Under traditional First Amendment doctrine, vanity license plates …

Liquidity & The Isda Master Agreement, Christian Johnson

Christian A. Johnson

Rehypothecation Risk, Christian Johnson

Christian A. Johnson

Off His Rocker: Sports Discipline And Labor Arbitration, Roger Abrams

Roger I. Abrams

In this article, the author analyzes the labor arbitration of Atlanta Braves pitcher John Rocker whose interview in Sports Illustrated had caused quite a stir in Major League baseball. Rocker had expressed his personal distain for all minorities and “unusual” people who might ride the number 7 subway train to Shea Stadium in New York City. The Commissioner’s suspension of Rocker was substantially modified by the permanent arbitrator and Professor Abrams explains the basis for the award and how it fits into the established jurisprudence under collective bargaining agreements.

Cases And Materials On Bankruptcy, Margaret Howard, Peter Alces

Margaret Howard

No abstract provided.

A Reply To Justice Philip Talmadge, Robert Lipkin

Robert Justin Lipkin

No abstract provided.

The Proposed Patients' Bill Of Rights: The Case Of The Missing Equal Protection Clause, Dean Hashimoto

Dean M. Hashimoto

Congress is considering passing a patients' bill of rights. The proposed reform provides for appeals of disagreements between managed care organizations and patients over treatment decisions and also ensures access to specialists and emergency rooms. These reforms place a heavy emphasis on regulating managed care groups by assigning due process rights to patients of privately funded health plans. This article offers a vision of an alternative reform based on principles of both equality and due process. Empirical research demonstrates that although managed care systems appear to provide roughly adequate health care for the general public, they may not be providing …

The (Al)Lure Of The Genocide Trial: Justice, Reconciliation, And Reconstruction In Rwanda, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Introduction And Overview, Jane Moriarty

Jane Campbell Moriarty

Volume 1 The history of mental illness in criminal cases. Volume 2 The insanity defense. Volume 3 Competency to be tried, imprisoned, and executed.

Immigration Consequences Of Criminal Convictions, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

The Meanings Of Permanence: A Critical Analysis Of The Adoption And Safe Families Act Of 1997, Libby Adler

Libby S. Adler

In 1997, Congress passed the Adoption and Safe Families Act. The Act amends Titltes IV-B and IV-E of the Social Security Act, which governs states' federally funded child-protective efforts. Under the terms of the Act, states must conduct a permanency hearing within twelve months after a child enters foster care to determine whether the child will be returned to the family of origin or be "freed" for adoption. In this Essay, Professor Adler argues that this requirement forces courts and state decision-makers to choose between two stark alternatives- termination of parental rights and family reunification- and reflects a limited vision …

Identity Crisis: Intersectionality, Multidimensionality, And The Development Of An Adequate Theory Of Subordination, Darren Hutchinson

Darren L Hutchinson

No abstract provided.

Consumer Protection Rules In And Around The Uniform Computer Information Transactions Act (Ucita), Ingrid Hillinger, Michael Hillinger, Diane Rallis

Ingrid Michelsen Hillinger

No abstract provided.

A Review Of The Year In Family Law: Redefining Families, Reforming Custody Jurisdiction, And Refining Support Issues, Robert Spector, Linda Elrod

Robert G. Spector

No abstract provided.

Contributor, Francine Sherman

Francine T. Sherman

No abstract provided.

Collecting Debts From The Ill And Injured; The Rhetorical Significance, But Practical Irrelevance, Of Culpability And Ability To Pay, Melissa Jacoby

Melissa B. Jacoby

No abstract provided.

Protecting The Human Rights Principle In A Globalizing Economy, Frank Garcia

Frank J. Garcia

No abstract provided.

Civility In The Academy, Robert Bennett

Robert B. Bennett

Note: full-text not available due to publisher restrictions. Link takes you to an external site where you can purchase the article or borrow it from a local library.

Territorial Justice Under Fire: The Trials Of Peter Wintermute, 1873-1875, Tom Simmons

Tom E. Simmons

No abstract provided.

Banking, Antitrust And Derivatives: Untying The Antitying Restrictions, Christian Johnson

Christian A. Johnson