Law Commons^™

Exclusion Of Terrorist-Related Harms From Insurance Coverage: Do The Costs Justify The Benefits, Jeffrey E. Thomas

Faculty Works

The September 11 attack was the largest single insured event in history. In the end, insurance companies are expected to pay approximately $50 billion to victims of the attack. In response to the perceived potential of future terrorist losses, many insurers have begun to exclude terrorist-related losses from their policies. In light of the size and uncertainty of future losses, this is understandable. In adopting this approach, however, it appears that little thought has been given to the transaction costs associated with the exclusion. One of the significant contributions of Law and Economics to legal literature has been to illuminate …

My Father Is A Woman, Oh No: The Failure Of The Courts To Uphold Individual Substantive Due Process Rights For Transgender Parents Under The Guise Of The Best Interest Of The Child, Helen Y. Chang

Santa Clara Law Review

No abstract provided.

Access To Quality Teaching: An Analysis Of Inequality In California's Public Schools, Linda Darling-Hammond

Santa Clara Law Review

No abstract provided.

The Appeal Of The Internet - Looking At The Uniform Domain Name Dispute Resolution Policy And How It Is Newly Influenced By The Anticybersquatting Consumer Protection Act, Karen Webb

Santa Clara Law Review

No abstract provided.

Book Review [The Psychology Of Interrogations And Confessions: A Handbook], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

Appellate Jurisdiction In Ohio Over Final Appealable Orders , Gary L. Garrison

Cleveland State Law Review

This article focuses on the rules for determining finality and appealability of judgments under section 2505.02 and Ohio R. Civ. P. 54(B). To that end, this article addresses not only the various categories of "final orders" but also the procedural mechanisms by which interlocutory appeals are taken from judgments on one part of a case while the rest of the case remains pending. The objective of this article is two-fold. First and foremost, it provides a resource and guide to appellate practitioners and trial court judges for understanding the "final order rule" and for navigating its various provisions in the …

Cutting Through The Confusion Of The Loss-Of-Chance Doctrine Under Ohio Law: A New Cause Of Action Or A New Standard Of Causation, George J. Zilich

Cleveland State Law Review

The central argument advanced in this Note is that a loss of chance should be recognized as an independent injury. This approach best serves the policy of the new loss of chance doctrine, and it avoids the very significant doctrinal problems that arise if the alternative approach is taken, which is to treat the compensability of lost chances as merely a relaxation of traditional tort law causation requirements. The primary focus of this Note is on the loss of a less-than-even chance of recovery or survival, wherein a victim will be entitled to damages resulting from the negligent reduction of …

Ethics Year In Review, Heather Owen

Santa Clara Law Review

No abstract provided.

Judicial Election Candidates' Free Speech Rights After Republican Party Of Minnesota V. White: Is The Problem Really Solved?, Alexa Green

Santa Clara Law Review

No abstract provided.

Protecting The Public From Themselves: The First Amendment, Public Policy, And Our Failure To Protect Dissent, Aryn Pedowitz

Santa Clara Law Review

No abstract provided.

Patenting Genomic Technology - 2001 Utility Examination Guidelines: An Incomplete Remedy In Need Of Prompt Reform, Tanya Wei

Santa Clara Law Review

No abstract provided.

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Involving Customers With Disabilities, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

Although it is uniformly accepted that customers with disabilities should be involved in the process to create a new workforce system under the mandates of the Workforce Investment Act (WIA), anecdotal evidence suggests this to be more rhetoric than reality. Currently One-Stop Career Centers, workforce boards, and states are struggling with how to solicit and incorporate this important input into the planning process. The following is offered as a tool to help involve customers with disabilities as One-Stop centers are developed. This brief is part of a series of products offering practical solutions for state and local entities as they …

Tools For Inclusion: Making It Easier To Go To Work: What The Changes At Social Security Mean To You, David Hoff, Elena Varney, Lisa O'Connor

Tools for Inclusion Series, Institute for Community Inclusion

Recent changes to Social Security reduce the financial consequences of working for people who receive benefits. This publication explains the changes and how they impact people with disabilities who want to work.

Reconstructing Climate Policy: Beyond Kyoto, Jonathan B. Wiener, Richard B. Stewart

Faculty Scholarship

In their comprehensive analysis of the Kyoto Protocol and climate policy, Richard B. Stewart and Jonathan B. Wiener examine the current impasse in climate policy and the potential steps nations can take to reduce greenhouse gases. They summarize the current state of information regarding the extent of global warming that would be caused by increasing uncontrolled greenhouse gas emissions. They explain why participation by all major greenhouse gas-emitting countries is essential to curb future greenhouse gas emissions and also note the significant obstacles to obtaining such participation.

Stewart and Wiener argue it is in the national interest of the United …

The Classified Information Protection Act: Killing The Messenger Or Killing The Message, Mitchell J. Michalec

Cleveland State Law Review

The purpose of this Note is to discuss the adequacy of existing statutory and administrative protections for classified information, examine how the agencies responsible for protecting this information implemented controls, and how the courts interpreted these existing protections. This Note argues that the failure of the government to prevent "leaks" is not necessarily a failure of the existing scheme, but rather a failure of the government to apply current controls. Furthermore, it demonstrates that the Classified Information Protection Act is an unnecessary, overbroad, and in some cases, ineffective alternative to the existing protections, with a great potential for abuse. If …

Nursing Home Tort Reform And Ohio House Bill 412: Why Have We Abandoned Our Neglected And Abused Elderly Population, Robin P. Bravchok

Cleveland State Law Review

This Note will show that nursing home tort reform statutes, like Ohio's, have totally missed the mark by disregarding our elders' rights and ignoring the problem of abuse and neglect in nursing facilities. Part II of this Note will look at our nation's elderly population and the poor state of our country's nursing homes. Part III will briefly look at Florida's lawsuit reform act that was passed in May of 2001. Florida, with its large elderly population, was plagued by increasing insurance costs allegedly due to rising litigation and damage awards. Its new law, which has led to strict reductions …

Linking Intellectual Property Rights In Developing Countries With Research And Development, Technology Transfer, And Foreign Direct Investment Policy: A Case Study Of Egypt's Pharmaceutical Industry, Sahar Aziz

Faculty Scholarship

This Note focuses on TRIPS' impact on the pharmaceutical industry as well as health care in developing nations. By using Egypt as a case study, this Note aims to emphasize that the benefits of TRIPS for developing nations depends on the linkage between intellectual property rights (IPR) and other legal regimes, particularly drug regulation, technology transfer, and foreign direct investment (FDI) policies. The failure to adopt a holistic approach to the creation of effective and beneficial intellectual property rights regimes will merely increase the western pharmaceuticals' market share and increase drug prices in developing nations.6 By asking whether Egypt, versus …

The Virtues Of Knowing Less: Justifying Privacy Protections Against Disclosure, Daniel J. Solove

GW Law Faculty Publications & Other Works

This Article develops justifications for protections against the disclosure of private information. An extensive body of scholarship has attacked such protections as anathema to the Information Age, where the free flow of information is championed as a fundamental value. This Article responds to two general critiques of disclosure protections: (1) that they inhibit freedom of speech, and (2) that they restrict information useful for judging others.

Regarding the free speech critique, the Article argues that not all speech is of equal value; speech of private concern is less valuable than speech of public concern. The difficulty, however, is distinguishing between …

Can Pragmatism Be Radical? Richard Posner And Legal Pragmatism, Daniel J. Solove, Michael Sullivan

GW Law Faculty Publications & Other Works

Richard Posner's Law, Pragmatism, and Democracy (2003) is the most comprehensive account to date of his pragmatic vision of the law and democracy. For the most part, Posner's theory of pragmatism has been attacked externally, mainly by theorists unsympathetic to pragmatism. In contrast, in this Review, we contest Posner's account of pragmatism from within the pragmatic tradition. We contend that Posner's views are problematic not because they are pragmatic, but because they are often not pragmatic enough.

We put Posner's account of pragmatism to the pragmatic test by examining its implications. Posner views ideals as useless and philosophical theorizing as …

Does Financial Liberalization Increase The Likelihood Of A Systemic Banking Crisis? Evidence From The Past Three Decades And The Great Depression, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

Over the past three decades, leading industrial nations and many developing countries have deregulated their financial markets. Financial liberalization has produced major benefits, including more efficient intermediation of financial resources, more rapid economic development and faster growth in trade. At the same time, however, many banking crises have occurred in countries that previously adopted programs of financial deregulation. This essay provides a brief overview of banking crises in international markets since 1973, together with more detailed discussions of Japan's financial crisis that began in 1990, the U.S. banking crises of 1929-33 and 1980-92, and the challenges confronting major U.S. and …

The Judicial Disabling Of The Employment Discrimination Provisions Of The Americans With Disabilities Act, Charles B. Craver

GW Law Faculty Publications & Other Works

This article explores a series of Supreme Court decisions making it more difficult for disabled individuals to assert rights under the employment discrimination provisions of the Americans with Disabilities Act. The Court first held that ADA claimants must have their disabilities considered in their corrected or medicated condition. So long as they are able to use prostheses, hearing aids, medication, or other means to control their conditions, they are not to be considered disabled. The Court further held that persons will only be considered disabled if they have conditions that severely limit them with respect to a major life activity. …

Thinking Race, Making Nation (Reviewing Glenn C. Loury, The Anatomy Of Racial Inequality), Christopher A. Bracey

GW Law Faculty Publications & Other Works

We live in a race-conscious culture. As Americans, we are a nation of people who self-consciously chose to adopt a vision of society that embraced lofty ideals of individual freedom and democracy for all along with powerful mechanisms for devastating racial oppression. Our history is replete with instances of differential treatment on account of race - slavery being only the most egregious example - that achieved the desired effect of generating remarkable disparities in socioeconomic well-being among individuals and between different racial groups. Such disparities are not simply historical artifacts. They are facts of the contemporary American racial landscape as …

The Parent-Child Privilege In Context, Catherine J. Ross

GW Law Faculty Publications & Other Works

The article argues that children cannot fully exercise their constitutional rights under the Fifth and Sixth Amendments without being able to confide freely in their parents and advocates for the creation of a parent-child privilege.

Including Law In The Mix: The Role Of Law, Lawyers, And Legal Training In Child Advocacy, Catherine J. Ross

GW Law Faculty Publications & Other Works

This chapter describes the recent trends in family law scholarship, training, and practice. The first section of this chapter provides an overview of the scope of modern family law and the range of skills brought by lawyers. The second section considers the legal profession’s interest in using its collective talents to improve children’s lives in context of the broader intellectual trends in thinking about family issues. In the third section, I describe the current goals of legal education, explain why law schools should offer interdisciplinary training to students who plan to work in family law, and discuss some innovative multidisciplinary …

Barriers To Reliable Credibility Assessments: Domestic Violence Victim-Witnesses, Laurie S. Kohn

GW Law Faculty Publications & Other Works

This Article examines the challenges for victims of domestic violence appearing in court when the victim presents differently than the paradigmatic domestic violence victim. In particular, this Article analyzes the strategic dilemma of presenting a victim who refuses to admit (or cannot access or does not experience) fear of the batterer, and the victim who feels anger towards her assailant.

This Article addresses possible policy and tactical responses to this challenge. Suggesting legislative changes that eliminate requirements that victims prove subjective fear of a battering partner, the Article further analyzes the use of expert witnesses to assist jurors and judges …

Foreword: The Administrative Law Of The European Union, Francesca Bignami

GW Law Faculty Publications & Other Works

This special issue of Law and Contemporary Problems is devoted to the administrative law of the European Union. The foreword sets the stage by narrating the history of legal scholarship on European administration, explaining the public law methodology of the contributors, and describing the different legal styles that separate the civil from the common law traditions and that mark the contributions. The foreword then previews the individual articles, organized by the law of centralized or “direct” administration by the European Commission and the law of decentralized or “mixed” administration, in which national civil servants interact with their counterparts elsewhere and …

Three Generations Of Participation Rights Before The European Commission, Francesca Bignami

GW Law Faculty Publications & Other Works

This article offers a conceptual framework for analyzing the development of participation rights before the executive branch of the European Community - the European Commission. Process rights before the Commission can be divided into three categories, each of which is associated with a distinct phase in Community history and a particular set of institutional actors. The first set of rights, the right to be heard when the Commission inflicts sanctions or other forms of hardship in individual proceedings, emerged in the 1970s in competition law. This phase was driven by the Court f Justice, influenced by the English administrative law …

Perfecting Patent Prizes, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

A number of commentators in recent years have suggested permitting holders of intellectual property rights to give up these rights in exchange for cash prizes from the government. In this Article, Professor Abramowicz shows that each of the proposals has significant flaws that would make implementation impractical and argues that no single perfect formula or algorithm for determining the size of prizes exists. A prize system is nonetheless worth pursuing because it could increase social welfare significantly by eliminating deadweight loss. Professor Abramowicz recommends a relatively simple approach that would complement rather than replace the patent system. The proposal is …

The Impact Of Economic Globalization On Compliance, Dinah L. Shelton

GW Law Faculty Publications & Other Works

The introductory chapter of this book begins by defining globalization and the novel notion of the “common concern of humanity” and describes the ethical, cultural, and economic considerations underlying protection of the biosphere. The chapter describes the evolution of the common concern of humanity in depth and describes the increased presence of international organizations. Next, the chapter introduces the Marrakesh Charter and its corresponding economic principles. The chapter concludes that there exists the need to create an international liability system for both states and individuals for environmental degradation caused by international trade.

Assessing The Ilo's Efforts To Develop Migration Law, Steve Charnovitz

GW Law Faculty Publications & Other Works

The world community has increasingly recognized the movement of people as an issue of global policy rather than an exclusive sovereign preserve of individual governments. In considering whether a good case exists for establishing a World Migration Organization, policymakers and stakeholders should look at whether existing international organizations can be better used to enhance international cooperation on migration policy. One such organization may be the International Labour Organization (“ILO”), a UN specialized agency that has worked on migrant issues from its beginning. This article analyzes the work of the ILO in international migration as prolegomena to assessing whether its role …