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Full-Text Articles in Law
Trade And Tensions, Daniel J. Gifford
Trade And Tensions, Daniel J. Gifford
Articles
International disputes and tensions arise in situations where one nation is seeking its own economic betterment in ways that diminish the economic welfare of other nations. Prior to World War II, most nations deployed systems of tariffs and import quotas in unveiled attempts to protect their domestic in- dustries. Today, trading tensions are often generated by a range of government activities that limit imports or subsidize exports; yet the governments that impose these measures often rationalize them as policy measures that have no protectionist or other trading objective. The earlier trading model was a mer- cantilist one. Economic welfare was …
Challenging Delaware's Desirability As A Haven For Incorporation, Philip S. Garon, Michael A. Stanchfield, John H. Matheson
Challenging Delaware's Desirability As A Haven For Incorporation, Philip S. Garon, Michael A. Stanchfield, John H. Matheson
Articles
Whether a "race to the bottom" or a "race to the top," the competition among many states to encourage businesses to incorporate in their states has wide-ranging consequences for those businesses. Those consequences include the allocation of rights, powers, duties, and liabilities among corporate directors, officers, and shareholders. Despite the tendency to analyze this competition as a multi-state contest, empirical research shows that the "race" is actually a vast number of individual races between just two states at a time: the state in which the would-be corporation's principal office will be located and Delaware. Attorneys and their clients are regularly …
The Human Rights Of Stateless Persons, David Weissbrodt, Clay Collins
The Human Rights Of Stateless Persons, David Weissbrodt, Clay Collins
Articles
By exploring statelessness through legal, theoretical, and practical lenses, this article presents a broad examination of the human rights of stateless persons. The article delineates the rights of stateless persons as enunciated in various human rights instruments; presents the mechanisms of, and paths to, statelessness; illustrates the practical struggles of stateless persons by highlighting the plights of various stateless populations; examines how the problem of statelessness is being addressed; and considers the complex political and regional forces affecting policies towards stateless persons. The article concludes with recommendations regarding remedies and solutions for statelessness.
The Future Of The Legal Profession, Robert Stein
The Future Of The Legal Profession, Robert Stein
Articles
It is a pleasure to be with you this evening and share some thoughts with you. Sandy and I are delighted to see so many wonderful friends here. I hope we have an opportunity to greet each of you before the evening is over. I include my wife, Sandy, in our network of friends because she has been my partner throughout my association with the Law School - during the time I was a student, then a faculty member, and eventually as Dean - and so many friends here tonight are friends of both of ours. I'd like to ask …
Raz, Authority, And Conceptual Analysis, Brian Bix
Raz, Authority, And Conceptual Analysis, Brian Bix
Articles
In "Authority: Revisiting the Service Conception," Joseph Raz reflects on his work on the nature of authority, defending much of what he has written on the subject, while offering some additional clarifications and modifications. I must leave to others a more direct assessment of Raz's views on authority, and the revisions he has suggested in this most recent paper. I will instead focus on some of the methodological considerations he discusses in this paper; in particular, I will compare and contrast Raz's discussion here about conceptual analysis and the concept of authority with his recent analyses of the conceptual analysis …
Blakely In Minnesota, Two Years Out: Guidelines Sentencing Is Alive And Well, Richard Frase
Blakely In Minnesota, Two Years Out: Guidelines Sentencing Is Alive And Well, Richard Frase
Articles
The Supreme Court's decision in Blakely v. Washington' has produced some changes in sentencing law and practice in Minnesota, but after two years the basic structure of the state's pioneering sentencing guidelines system remains intact. Blakely caused much initial concern and uncertainty, but the dire predictions2 of catastrophic change or major retreat from progressive sentencing policy have not been borne out. This article examines the ways in which critical policy choices made before and after Blakely helped to preserve the most important features of the Guidelines. Part I shows how the design, implementation, and pre-Blakely evolution of the Guidelines served …
Purposes And Functions Of Sentencing, Michael Tonry
Choice, Equal Protection, And Metropolitan Integration: The Hope Of The Minneapolis Desegregation Settlement, Myron Orfield
Choice, Equal Protection, And Metropolitan Integration: The Hope Of The Minneapolis Desegregation Settlement, Myron Orfield
Articles
No abstract provided.
Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield
Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield
Articles
No abstract provided.
The Regulatory Void Of Contingent Work, Stephen F. Befort
The Regulatory Void Of Contingent Work, Stephen F. Befort
Articles
No abstract provided.
When Quitting Is Fitting: The Need For A Reformulated Sexual Harassment/Constructive Discharge Standard In The Wake Of Pennsylvania State Police V. Suders, Stephen F. Befort, Sarah J. Gorajski
When Quitting Is Fitting: The Need For A Reformulated Sexual Harassment/Constructive Discharge Standard In The Wake Of Pennsylvania State Police V. Suders, Stephen F. Befort, Sarah J. Gorajski
Articles
The legal landscape with respect to constructive discharges resulting from sexually harassing conduct has been mired in confusion for the past two decades. Courts generally have applied a multi-step analysis that requires plaintiffs to establish both the existence of severe or pervasive sexual harassment as well as additional aggravating factors warranting an employee's resignation. The courts, however, have had a difficult time in defining the contours of the separate harassment and constructive discharge tests. The Supreme Court has weighed in on several occasions, but rather than opt for clarity, the Court has created new tests and new terminology that have …
Modern Public Trust Principles: Recognizing Rights And Integrating Standards, Alexandra B. Klass
Modern Public Trust Principles: Recognizing Rights And Integrating Standards, Alexandra B. Klass
Articles
The public trust doctrine has a long history from its beginnings as an obligation on states to hold lands submerged under navigable waters in trust for the public, to its resurgence in the 1970s as a protector of natural resources, to its influence on state statutory and constitutional law as the public embraced environmental protection principles. However, many have argued that the public trust doctrine has not lived up to its potential as a major player in environmental and natural resources law. This article proposes a new framework for the public trust doctrine as a state tool for environmental protection …
The Need For Mead: Rejecting Tax Exceptionalism In Judicial Deference, Kristin Hickman
The Need For Mead: Rejecting Tax Exceptionalism In Judicial Deference, Kristin Hickman
Articles
This Article takes the controversial position that Treasury regulations are entitled to judicial deference under the Chevron doctrine, as clarified by the Supreme Court in the more recent Mead case, whether those regulations are promulgated pursuant to specific authority delegated in a substantive provision of the Internal Revenue Code or in the exercise of general authority granted in Code Section 7805(a). The Article attributes the unwillingness to concede Chevron's applicability to tax exceptionalism, the erroneous perception of many scholars that tax is different from other areas of the law, which in the context of this Article translates into the idea …
How Did We Get Here Anyway?: Considering The Standing Question In Daimlerchrysler V. Cuno, Kristin Hickman
How Did We Get Here Anyway?: Considering The Standing Question In Daimlerchrysler V. Cuno, Kristin Hickman
Articles
n granting certiorari in the case of DaimlerChrysler Corp. v. Cuno, the Supreme Court asked the parties to brief whether respondents have standing to challenge Ohio's investment tax credit. Looking at the posture of the case, this essay argues that the Supreme Court is likely sending a signal that it hopes to overturn the Sixth Circuit decision on standing grounds and avoid the more difficult question of whether the tax credit is unconstitutional based on the dormant Commerce Clause. This essay applies modern standing doctrine to the Cuno case and concludes that the Cuno plaintiffs do not have standing to …
Political Violence And Gender In Times Of Transition, Fionnuala Ní Aoláin
Political Violence And Gender In Times Of Transition, Fionnuala Ní Aoláin
Articles
At the heart of transitional justice discourse is an ongoing conversation about accountability for human rights violations that occur in a context of regime repression or violent conflict. That accountability dialogue has generally been preoccupied with attempts to define the forms of political violence that should be addressed by various formal and informal mechanisms, such as trials and other truth-seeking processes. This Article will examine the multiple ways in which transitional justice processes have conceptualized political violence, and how that maps onto a gendered understanding of violence experiences and accountability mechanisms in a transitional context.
Continuing The Path To Excellence: University Of Minnesota Law School Dean Alex M. Johnson, Jr., Edward S. Adams
Continuing The Path To Excellence: University Of Minnesota Law School Dean Alex M. Johnson, Jr., Edward S. Adams
Articles
Alex M. Johnson, Jr., the ninth dean of the University of Minnesota Law School, served with honor and distinction from 2002 to 2006. He leaves a legacy of achievement consistent with the tireless drive, ambitious goal setting, and adaptation to change that marked his career before ascending to the position of Dean at the Law School. Receiving his early education in the public schools of Los Angeles, Mr. Johnson began his undergraduate education at Princeton University and then transferred to Claremont College in 1973. He remained in Los Angeles for law school, earning his law degree at the University of …
Convergence, Culture And Contract Law In China, John H. Matheson
Convergence, Culture And Contract Law In China, John H. Matheson
Articles
At the height of the Industrial Revolution, Britain was called "the Workshop of the World." 1 That title surely belongs to the People's Republic of China (PRC) 2 today. For example, China already is the world's fastest-growing large economy and the second largest holder of foreign-exchange reserves. 3 Furthermore, China is now the world's largest producer of coal, steel, and cement. 4 It is the second largest consumer of energy and the third largest importer of oil. 5 China's exports to the United States have grown by 1600% over the past fifteen years, and U.S. exports to China have grown …
Domestic Violence Matters: The Case For Appointed Counsel In Protective Order Proceedings, Beverly Balos
Domestic Violence Matters: The Case For Appointed Counsel In Protective Order Proceedings, Beverly Balos
Articles
A conventional reading of United States Supreme Court rulings on the right to counsel in civil cases would conclude that petitioners in protective order proceedings would have no right to appointed counsel. This article challenges this view and shows how Supreme Court jurisprudence, in fact, supports the conclusion that due process requires victims of domestic violence to have the benefit of appointed counsel.
The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter
The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter
Articles
When government recognizes intellectual property (IP) rights, it is often viewed as sanctioning the existence of private “monopolies,” in contrast to the general antimonopoly thrust of the antitrust laws. And yet, on occasion IP law itself condemns conduct on the part of IP owners-or excuses otherwise infringing activity on the part of IP defendants-expressly for the purpose of promoting competition. It does so even though antitrust law-if one were to apply it at all under analogous circumstances-would not find anticompetitive harm without conducting a more thorough analysis of whether the antitrust defendant possesses power over a well-defined market. Salient examples …
Unanimously Wrong, Dale Carpenter
Unanimously Wrong, Dale Carpenter
Articles
The Supreme Court was unanimously wrong in Rumsfeld v. FAIR. Though rare, it's not the first time the Court has been unanimously wrong. Its most notorious such decisions have come, like FAIR, in cases where the Court conspicuously failed even to appreciate the importance of the constitutional freedoms under attack from legislative majorities. In these cases, the Court's very rhetoric exposed its myopic vision in ways that now seem embarrassing. Does FAIR, so obviously correct to so many people right now, await the same ignominy decades away? FAIR was wrong in tone, a dismissive vox populi, adopted by a Court …
A Cognitive Theory Of Trust, Claire Hill, Erin O'Hara O'Connor
A Cognitive Theory Of Trust, Claire Hill, Erin O'Hara O'Connor
Articles
Interpersonal trust is currently receiving widespread attention in the academy. Many legal scholars incorrectly assume that interpersonal trust is an unmitigated good (or bad) and that legal policy should therefore be crafted to maximize (or minimize) trust. A more nuanced understanding of trust indicates instead that it should be promoted or discouraged, depending on the context. Such an understanding needs to reflect the fact that trust and distrust can, and often do, coexist. In most relationships, the parties trust one another with regard to some matters and yet distrust one another with regard to other matters. More specifically, developing a …
Diverging Perspectives On Electronic Contracting In The U.S. And Eu, Jane K. Winn, Brian H. Bix
Diverging Perspectives On Electronic Contracting In The U.S. And Eu, Jane K. Winn, Brian H. Bix
Articles
Electronic Contracting - understood broadly to include both the Internet downloading of free or purchased software and the use of rolling contracts (shrink-wrap or terms in the box) in the sale of computers or the lease of software - has raised problems, based in part on the novelty of the transactional forms, and in part on the now-standard issue of unread terms in standardized contracts. This article, part of a conference relating to the legal regulation of new property and new technologies, offers an overview of the distinctly different approaches to Electronic Contracting of the U.S. and the European Union. …
Prospects For Ratification Of The Convention On The Rights Of The Child, David Weissbrodt
Prospects For Ratification Of The Convention On The Rights Of The Child, David Weissbrodt
Articles
Since early in the development of international human rights law, the particular need to care for children has been acknowledged. Beginning with the Geneva Declaration on the Rights of the Child in 1924 1 and the Declaration of the Rights of the Child, adopted by the U.N. General Assembly in 1959, 2 children's rights have been recognized by human rights organizations and instruments alike. Rights of the child were included in the Universal Declaration of Human Rights; 3 the Geneva Convention for the Protection of Civilian Persons in Time of War; 4 the International Covenant on Economic, Social and Cultural …
The Absolute Prohibition Of Torture And Ill-Treatment, David Weissbrodt
The Absolute Prohibition Of Torture And Ill-Treatment, David Weissbrodt
Articles
The President, the Secretary of State, and other U.S. government officials have repeatedly assured the world that the United States does not engage in "torture." Whenever they try to issue such statements, the critical listener must ask such questions as "What do they mean by torture?" Have they so narrowly defined "torture" as to ask the listener to overlook the mounting evidence of extremely brutal treatment which U.S. personnel have perpetrated against detainees in Afghanistan, Guantanamo, Iraq, and other secret detention facilities? Many detainees held by the U.S. have been subjected to illtreatment that would, under international definitions and jurisprudence, …
Robert Alexy, Radbruch's Formula, And The Nature Of Legal Theory, Brian H. Bix
Robert Alexy, Radbruch's Formula, And The Nature Of Legal Theory, Brian H. Bix
Articles
Gustav Radbruch is well known for a formula that addresses the conflict of positive law and justice, a formula discussed in the context of the consideration of Nazi laws by the courts in the post-War German Federal Republic, and East German laws in the post-unification German courts. More recently, Robert Alexy has defended a version of Radbruch's formula, offering arguments for it that are different from and more sophisticated than those that were adduced by Radbruch himself. Alexy also placed Radbruch's formula within a larger context of conceptual analysis and theories about the nature of law. Both Radbruch and Alexy …
Extraordinary Rendition: A Human Rights Analysis, David Weissbrodt, Amy Bergquist
Extraordinary Rendition: A Human Rights Analysis, David Weissbrodt, Amy Bergquist
Articles
This article describes extraordinary rendition, the practice of seizing terror suspects and transporting them to third countries for detention and interrogation. The article examines this practice in light of several human rights instruments and demonstrates that extraordinary rendition violates international human rights and humanitarian law. The article is the first in a series of three articles by the co-authors to explore the practice of extraordinary rendition.
Why The Generation-Skipping Transfer Tax Sparked Perpetual Trusts, Mary Louise Fellows
Why The Generation-Skipping Transfer Tax Sparked Perpetual Trusts, Mary Louise Fellows
Articles
Max M. Schanzenbach and Robert H. Sitkoff, in the work they presented at this Symposium and in their earlier work, Jurisdictional Competition for Trust Funds: An Empirical Analysis of Perpetuities and Taxes, provide data to support what practitioners, policymakers, and academics already believe - the generation-skipping transfer (GST) tax exemption encouraged the creation of dynastic trusts and made those states that had no Rule Against Perpetuities (RAP) and no income tax on trusts particularly attractive as sites for settlors to establish their trusts. 1 Their work with the state-level panel data assembled from annual reports to federal banking authorities by …
Foreclosure Equity Stripping: Legal Theories And Strategies To Attack A Growing Problem, Prentiss Cox
Foreclosure Equity Stripping: Legal Theories And Strategies To Attack A Growing Problem, Prentiss Cox
Articles
Foreclosure equity stripping is the classic case of kicking someone who is down. The person perpetrating the equity strip-let's call this person the "acquirer"- targets homeowners who are in foreclosure and have equity remaining in the property. Promising to "save" the home for the desperate homeowner, the acquirer offers refinancing or other assistance to "stop the foreclosure." For too many foreclosed homeowners, these promises end when the acquirer or the acquirer's confederates gain title to the property and take the homeowner's equity.
Forty Years Of Codification Of Estates And Trusts Law: Lessons For The Next Generation, Mary Louise Fellows, Gregory S. Alexander
Forty Years Of Codification Of Estates And Trusts Law: Lessons For The Next Generation, Mary Louise Fellows, Gregory S. Alexander
Articles
In this paper we develop two theses. First, we argue that uniform law proposals that ask courts and practitioners to abandon revered legal traditions and ways of thinking about estates and trusts, even when they are intent-furthering proposals, face resistance until in time the glories of the past and the risks of a new legal regime fade in importance in legal thought. Second, we argue that, especially within an environment in which states seek to gain competitive advantage over their counterparts in other states, the glories of the past and the risks of a new legal regime fade fastest when …
Goliath Has The Slingshot: Public Benefit And Private Enforcement Of Minnesota Consumer Protection Laws, Prentiss Cox
Goliath Has The Slingshot: Public Benefit And Private Enforcement Of Minnesota Consumer Protection Laws, Prentiss Cox
Articles
The phrase "consumer protection case" may conjure up a used-car buyer trying to get recompense for a vehicle that turned out to be less than promised, or an elderly homeowner victimized by predatory lending tactics trying to maintain possession of her home. In August 2000, the private right of action to enforce Minnesota consumer protection laws was held to be something entirely different. After the Minnesota Supreme Court's decision in Ly v. Nystrom, 1 a business complaining about a competitor's advertising is more likely to have available a private right of action to enforce these laws than either the frustrated …