Law Commons^™

Florida No-Fault Insurance Reform: A Step In The Right Direction, Mark K. Delegal, Allison P. Pittman

Florida State University Law Review

No abstract provided.

New Voices At Work: Race And Gender Identity Caucuses In The U.S. Labor Movement, Ruben J. Garcia

UC Law Journal

Recently, scholars have pointed to race and gender identity groups in unions as a source of division within the working class, while other scholars have pointed to them as alternatives to traditional unions and more responsive to issues of race and gender in the workplace. In this Article, Professor Garcia argues that race and gender identity caucuses are neither a source of division in the labor movement today, nor are they viable alternatives to traditional unions. In spite of the National Labor Relations Act's subordination of minority rights to majority rule, this Article finds that women and people of color …

The Challenge Of Corporate Value Management: A Financial Perspective, George J. Papaioannou

Journal of International Business and Law

No abstract provided.

China's Accession To The Wto And Its Effects On Electronic Commerce, The Internet, And Digital Piracy Under The Agreement On Trade Related Aspects Of Intellectual Property Rights, Frederick H. Wen, Ilisa B. Haimes

Journal of International Business and Law

No abstract provided.

Facilitating Access Of Aids Drugs While Maintaining Strong Patent Protection, Dana Ziker

Duke Law & Technology Review

The AIDS pandemic has thrust the subject of patent protection into the spotlight, a spotlight that has attracted the attention of broad audience including interested parties from the political, legal, and medical communities. Can the United States' scheme of strong patent protection for pharmaceutical products withstand the increased attention?

Salt Equalizer, Vol. 2001, Issue 4, Society Of American Law Teachers

SALT Equalizer

Paula Johnson & Michael Rooke-Ley, Rep. Barbara Lee to Speak at SALT’s Annual Banquet; 30^th Anniversary Banquet Honors SALT’s Founders, at 1.

Carol Chomsky & Margaret Montoya, Presidents’ Column – December 2001, at 1.

Sylvia A. Law, Founder Norman Dorsen Pledges Challenge Gift to Endow SALT Fellowship, at 1.

Robert Cover Workshop to Focus on Affirmative Action and University of Michigan Litigation, at 2.

Peace Not Bombs: Networking Session for Peace Activists, at 2.

Michael Rooke-Ley & Paula Johnson, SALT to Honor its Founders at 30^th Year Reunion Banquet, at 3.

Progressive …

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The Local Law Of Global Antitrust, Edward T. Swaine

William & Mary Law Review

No abstract provided.

Comparing Judicial Selection Systems, Lee Epstein, Jack C. Knight, Olga Shvetsova

William & Mary Bill of Rights Journal

No abstract provided.

The Worker-Funded Leave Act: The Time Is Now To Help Build Stronger Families With A More Stable Economy, Arline Friscia

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Building A Better Educational System: The Implementation Of New Jersey's School Construction Program, A Legislator's Perspective, Raúl "Rudy" Garcia

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Who Should Know? - The Disclosure Debate Over Genetic Information, J. Andrew Maniko

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Bail Reform Act Of 1984 And Felons Who Possess Weapons: Discrepancy Among The Federal Courts, Nicole J. Bredefeld

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Disfavored Speech About Favored Rights: Hill V. Colorado, The Vanishing Public Forum And The Need For An Objective Speech Discrimination Test, Jamin B. Raskin, Clark L. Leblanc

American University Law Review

No abstract provided.

Preface, Journal Of Law Reform

University of Michigan Journal of Law Reform

A preface to a University of Michigan Journal of Law Reform symposium entitled The Americans With Disabilities Act: Directions for Reform.

Constitutional Doctrine As Paring Tool: The Struggle For "Relevant" Evidence In University Of Alabama V. Garrett, Pamela Brandwein

University of Michigan Journal of Law Reform

This Article examines the difficulties involved in translating the social model of disability into the idiom of constitutional law. The immediate focus is University of Alabama v. Garrett. Both parts of this Article consider how disability rights claims collide with a discourse of legitimacy in constitutional law. Part I focuses on the arguments presented in several major Briefs filed in support of Garrett. Constitutional doctrines are conceived as paring tools and it is shown how the Court used these doctrines to easily pare down the body of evidence Garrett's lawyers sought to claim as relevant in justifying the ADA …

The Imperial Sovereign: Sovereign Immunity & The Ada, Judith Olans Brown, Wendy E. Parmet

University of Michigan Journal of Law Reform

Professors Brown and Parmet examine the impact of the Supreme Court's resurrection of state sovereign immunity on the rights of individuals protected by the Americans with Disabilities Act in light of the recent decision, Board of Trustees of the University of Alabama v. Garrett. Placing Garrett within the context of the Rehnquist Court's evolving reallocation of state and federal authority, they argue that the Court has relied upon a mythic and dangerous notion of sovereignty that is foreign to the Framers' understanding. Brown and Parmet go on to show that, by determining that federalism compels constraining congressional power to …

The Death Of Section 504, Ruth Colker

University of Michigan Journal of Law Reform

This Article argues that the passage of the ADA had an unexpected consequence, namely the narrowing of the rights that were understood to exist under Section 504. Section 504 covered two broad areas of the law: the law of employment for individuals employed by entities receiving federal financial assistance and the law of education for students attending primary, secondary or higher education. The effect on the law of employment, which I will discuss in Part II, has been immediate and dramatic. The effect on the law of education, discussed in Part III, cannot yet be fully documented. Recent decisions, however, …

Civil War Pension Attorneys And Disability Politics, Peter Blanck, Chen Song

University of Michigan Journal of Law Reform

Professor Blanck and Dr. Song provide a detailed examination of the pension disability program established after the Civil War for Union Army Veterans. They use many original sources and perform several statistical analyses as the basis for their summary. They draw parallels between this disability program and the ADA, and they point out that current ADA plaintiffs encounter many of the same social, political and even scientific issues that Union Army veterans dealt with when applying for their disability pensions. The Article demonstrates that history can help predict the trends within, and evolution of the ADA--essentially leading to a better …

"What's Good Is Bad, What's Bad Is Good, You'll Find Out When You Reach The Top, You're On The Bottom": Are The Americans With Disabilities Act (And Olmstead V. L. C.) Anything More Than "Idiot Wind?", Michael L. Perlin

University of Michigan Journal of Law Reform

Mental disability law is contaminated by "sanism, " an irrational prejudice similar to such other irrational prejudices as racism and sexism. The passage of the Americans with Disabilities Act (ADA)-a statute that focused specifically on questions of stereotyping and stigma-appeared at first to offer an opportunity to deal frontally with sanist attitudes and, optimally, to restructure the way that citizens with mental disabilities were dealt with by the remainder of society. However, in its first decade, the ADA did not prove to be a panacea for such persons. The Supreme Court's 1999 decision in Olmstead v. L.C. - ruling that …

Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein

University of Michigan Journal of Law Reform

This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (14th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.

Reforming Disability Nondiscrimination Laws: A Comparative Perspective, Stanley S. Herr

University of Michigan Journal of Law Reform

Comparing the law and policies of other countries concerning disability rights to ours can help us understand how we may strengthen those rights and heighten compliance with nondiscrimination laws. Since it took effect in 1992, the Americans with Disabilities Act (ADA) has been a leading example of such comprehensive legislation on behalf of people with disabilities. Along with the United Nations Standard Rules on Equalization of Opportunities for Persons with Disabilities, the ADA has inspired many countries to develop their own disability nondiscrimination laws and remedial agencies. This process must work in both directions, however, and laws and agencies from …

Bargaining In The Shadow Of Administrative Procedure: The Public Interest In Rulemaking Settlement, Jim Rossi

Duke Law Journal

No abstract provided.

Analysis Of The Eeoc's Issuance Of Early Right-To-Sue-Letters: Does It Promote Judicial Efficiency Or Encourage Administrative Incompetence, Michael A. Szkodzinski

University of Pennsylvania Law Review

No abstract provided.

Editor's Note, Tom W. Brummett

Federal Communications Law Journal

No abstract provided.

Acquisitions By Partially Privitized Firms: The Case Of Deutsche Telekom And Voicestream, J. Gregory Sidak

Federal Communications Law Journal

A recent phenomenon in competition policy is the acquisition of a private firm by an enterprise that is either wholly owned by government or in the midst of privatization. Such an acquisition poses the question of how public ownership may alter the incentives of a firm to engage in anticompetitive conduct. It also prompts one to examine the process by which such altered incentives revert, as the level of government ownership declines, to the same incentives that face purely private firms. Using Deutsche Telekom's acquisition of VoiceStream Wireless as a case study, this Article presents the economic questions relevant to …

A Tale Of Three Cities: “Diverse And Antagonistic” Information In Situations Of Local Newspaper/Broadcast Cross-Ownership, David Pritchard

Federal Communications Law Journal

For more than half a century, a desire for "diverse and antagonistic sources" has been a fundamental principle of communications policy in the United States. Many question, however, whether current FCC policies intended to foster diversity of news and views in the content of the mass media actually do so. Nowhere is this issue raised more starkly than with respect to the Commission's controversial 1975 rule that prohibited the common ownership of a daily newspaper and a broadcast station in the same market. This Article examines the results of a study of diversity of information and viewpoints about the 2000 …

Masthead Vol.54 No.1 (2001)

Federal Communications Law Journal

No abstract provided.

The Lexus And Olive Tree Of Global Communications, Donna Gregg

Federal Communications Law Journal

Book Review: International Communications: Continuity and Change, Daya Kishan Thussu, Oxford University Press, Inc., 2000, 342 pages.

Daya Kishan Thussu's International Communication: Continuity and Change, presents a comprehensive and thoroughly readable overview of the significant global impact of communication from ancient times to the Internet era. The book describes major technological, political, cultural, and commercial breakthroughs and trends, and explains how each has helped to make the world a smaller place. While acknowledging the demonstrated potential of modern communication technology to effect revolutionary change in all corners of the globe, the book also recognizes certain enduring cultural and economic forces …

Table Of Contents--Issue 1, North Carolina Law Review

North Carolina Law Review

No abstract provided.