Law Commons^™

Minorities And Privatization: Economic Mobility At Risk, Robert Suggs

Robert E. Suggs

This important study identifies the effects of municipal privatization on blacks and Hispanics. The author examines three fundamental issues: how privatization affects minority employment in municipal government; how it affects minority employment in the resulting private sector positions; and how it affects city contracting among minority-owned businesses. Contents: Introduction; Privatization in Theory and Practice; The Impact of Privatization on Minority Employment in Government; The Impact of Privatization on Minority Employment in the Private Sector; The Impact of Privatization on Minority Business Opportunities; Recommendations.

Poisoning The Well: Law & Economics And Racial Inequality, Robert Suggs

Robert E. Suggs

The standard Law & Economics analysis of racial discrimination has stunted our thinking about race. Its early conclusion, that laws prohibiting racial discrimination were unnecessary and wasteful, discredited economic analysis of racial phenomena within the civil rights community. As a consequence we know little about the impact of racial discrimination on commercial transactions between business firms. Laws do not prohibit racial discrimination in transactions between business firms, and the disparity in business revenues between racial minorities and the white mainstream dwarf disparities in income by orders of magnitude. This disparity in business revenues is a major factor in the persistence …

Multi-Community Membership, Free Riders, And Effective Governance, Robert Suggs

Robert E. Suggs

No abstract provided.

Recalibrating The Moral Compass: Expanding "Thinking Like A Lawyer" Into "Thinking Like A Leader", Karen Rothenberg

Karen H. Rothenberg

This essay was prepared for the Leadership in Legal Education Symposium IX.

Building Community, Recognizing Dignity: Beyond The Ada, Karen Rothenberg, Alan Hornstein

Karen H. Rothenberg

No abstract provided.

National Institutes Of Health State-Of-The-Science Conference Statement: Cesarean Delivery On Maternal Request, Karen Rothenberg

Karen H. Rothenberg

No abstract provided.

Introduction To The Tenth Anniversary Issue Of The Journal Of Health Care Law & Policy , Karen Rothenberg, Diane Hoffmann

Karen H. Rothenberg

No abstract provided.

Who Cares?: The Evolution Of The Legal Duty To Provide Emergency Care, Karen Rothenberg

Karen H. Rothenberg

No abstract provided.

State And Federal Emergency Powers, Michael Greenberger, Arianne Spaccarelli

Michael Greenberger

As the federal and state response to Hurricane Katrina demonstrated, a failure to understand and utilize legal authorities properly during a disaster can slow response efforts, destroy trust in governments, and exacerbate chaos and civil unrest. This chapter will provide an overview of the statutory and constitutional authority for state and federal response to emergencies, including a description of typical state emergency management statutes, a summary of the major federal statutes related to public health emergency responses, and a discussion of the constitutional limits on federal actions during a public health emergency.

Did The Founding Fathers Do "A Heckuva Job"? Constitutional Authorization For The Use Of Federal Troops To Prevent The Loss Of A Major American City, Michael Greenberger

Michael Greenberger

As the one year anniversary of the landfall of Hurricane Katrina on the Gulf Coast passed, the highly critical reports of the Bush Administration's mismanagement of the response to that catastrophe continued to mount. Central to the criticism of the Administration was its indecisiveness in deploying military assets to rescue and protect Gulf Coast citizens overwhelmed by one of the country's worst natural disasters. The President failed to act because of a perceived lack of statutory and constitutional authority to override the Louisiana Governor's refusal to allow the Federal government to have ultimate control over the deployment of Federal troops …

Ending Excessive Speculation In Commodity Markets: Legislative Options, Michael Greenberger

Michael Greenberger

No abstract provided.

Rights-In-Data Policies Affecting Department Of Defense Acquisition Of Computer Software And Related Products, Michael Greenberger, Michael Kane

Michael Greenberger

No abstract provided.

Project Bioshield: Linking Bioterrorism Threats And Countermeasure Procurement To Enhance Terrorism Preparedness, Michael Greenberger

Michael Greenberger

No abstract provided.

The Role Of The Courts In Criminal Justice, Timothy O'Neill

Timothy P. O'Neill

The Price Of Fame: Brown As Celebrity, Mark Graber

Mark Graber

This essay examines the history of Brown I, Brown II, and Bolling in the Supreme Court of the United States. Enduring precedents, the analysis suggests, go through three stages. In the first stage, they fight for survival. This describes Brown during the first decade after that decision was handed down. No Supreme Court Justice asserted, “Brown should be overruled,” but many citations to Brown came in the context of political efforts to reverse or marginalize that decision. In the second stage, precedents fight for extension. This describes Brown in the later Warren and Burger years. Civil rights activists insisted that …

The Miracle In Springfield, Ann Lousin

Ann M. Lousin

The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert Rhee

Robert Rhee

This essay suggests that a deficiency in legal education is a contributing cause of the regulatory failure. The most scandalous malfeasance of this new era, the Madoff Ponzi scheme, evinces the failure of improperly trained lawyers and regulators. It also calls into question whether the prevailing regulatory philosophy of disclosure of disclosure is sufficient in a complex market. This essay answers an important question underlying these considerations: What can legal education do to better train business lawyers and regulators for a market that is becoming more complex? One answer, it suggests, is a simple one: law schools should teach a …

The Illegal-Settlements Myth, David Phillips

David M. Phillips

No abstract provided.

The Enigma Of Clearing Buy Side Otc Derivatives, Christian Johnson

Christian A. Johnson

Protect The Farm, Tax The Manor, Ray Madoff

Ray D. Madoff

No abstract provided.

Willfully Blind For Good Reason, Deborah Hellman

Deborah Hellman

Willful blindness is not an appropriate substitute for knowledge in crimes that require a mens rea of knowledge because an actor who contrives his own ignorance is only sometimes as culpable as a knowing actor. This paper begins with the assumption that the classic willfully blind actor – the drug courier - is culpable. If so, any plausible account of willful blindness must provide criteria that find this actor culpable. This paper then offers two limiting cases: a criminal defense lawyer defending a client he suspects of perjury and a pain doctor who suspects his patient may be lying about …

Editorial, Why 'To Kill A Mockingbird' Matters 50 Years Later, Randy Lee

Randy Lee

No abstract provided.

Which Is Worse, Tax Fluctuations Or Spending Fluctuations?, David Gamage

David Gamage

Employing a risk-allocation approach, this paper analyzes the extent to which a government subject to balanced-budget constraints should fluctuate tax or spending policies in response to economic volatility.

4th District Pulls Plug On 'Human Lie Detector', Timothy O'Neill

Timothy P. O'Neill

The Hidden Human And Environmental Costs Of Regulatory Delay, Catherine O'Neill, Amy Sinden, Rena Steinzor, James Goodwin, Ling-Yee Huang

Rena I. Steinzor

Each year dozens of workers are killed, thousands of children harmed, and millions of dollars wasted because of unjustifiable delays in federal regulatory action. Such delays in regulatory action have become commonplace, part of the wallpaper of Washington’s regulatory process for the protector agencies—the Consumer Product Safety Commission (CPSC), EPA, the Food and Drug Administration (FDA), the National Highway Traffic Safety Administration (NHTSA), and OSHA. Despite its significance, the problem of regulatory delay and the costs it generates has been virtually ignored in the debate over the general wisdom of the U.S. regulatory system over the last 30-plus years. Opponents …

A Stumble In The Wrong Direction, Ann Lousin

Ann M. Lousin

Unfunded Environmental Mandates And The "New (New) Federalism": Devolution, Revolution, Or Reform, Rena Steinzor

Rena I. Steinzor

No abstract provided.

The Advent Of Zoning, Garrett Power

Garrett Power

This essay looks at some of the lawyers and judges who were instrumental in the enactment and judicial approval of American zoning laws.

Privacy Concern In Google Voice Call Recording, Michael Katz, James Tuthill

Michael Katz

The Federal Communications Commission, taking note of AT&T's complaint, has written to Google with questions about its call blocking. But the implications for our privacy of software-managed call services like Google Voice are a much greater threat to consumers, and that's where the FCC should direct its energy - immediately.

'You Just Don't Understand!" - The Right And Left In Conversation, Rena Steinzor

Rena I. Steinzor

No abstract provided.