Law Commons^™

Out Of Class Feedback, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

State Law, U.S. Power, Foreign Disputes: Understanding The Extraterritorial Effects Of State Law In The Wake Of Morrison V. National Australia Bank, Katherine Florey

Katherine J. Florey

The recent Supreme Court case of Morrison v. National Australia Bank embraced a sweeping version of the presumption against extraterritorial application of federal law, and in doing so dramatically restricted the potential applicability of federal securities law to foreign litigants and transactions. This development has attracted a wealth of commentary, most of which has focused on the implications for the future treatment of federal statutes that may apply to foreign conduct.

Scholars have overlooked, however, perhaps the most remarkable consequence of the Court’s opinion in Morrison: the fact that it in effects makes state law more widely applicable abroad than …

A Review Of The Year In Family Law: Working Toward More Uniformity In Laws Relating To Families, Robert Spector, Linda Elrod

Robert G. Spector

No abstract provided.

Review Of Multiculturalism And Diversity: A Social Psychological Perspective., V Plaut, J Treadway

Victoria Plaut

Reviews the book, Multiculturalism and diversity: A social psychological perspective by Bernice Lott. The authors uncovers, layer by layer, the complex, sociocultural grounding of lived experience; that is, that each individual experiences and acts upon the world within the context of diverse cultural identities. After brief introductions of a multicultural approach and the concept of culture, the bulk of the volume focuses on how ethnicity, gender, class, and sexual identity shape psychological experience. Lott then uncovers the influence of other less commonly studied identities before discussing intersectionality and implications for future research and practice. The author packs a surprising amount …

Researching Trafficked Women: On Institutional Ressistance And The Limits Of Feminist Reflexivity, Michelle Dempsey, Mary Bosworth, Carolyn Hoyle

Michelle Madden Dempsey

This article exposes methodological barriers we encountered in a small research project on women trafficked for the purpose of sexual exploitation and our attempts, drawing on feminist and emergent methods, to resolve them. It critically assesses the role of institutional gatekeepers and the practical challenges faced in obtaining data directly from trafficking victims. Such difficulties, it suggests, spring at least in part from lingering disagreements within the feminist academic, legal, and advocacy communities regarding the nature, extent and definition of trafficking. They also reveal concerns from policy makers and practitioners over the relevance and utility of academic research. While feminist …

Respect, Honour, Dignity, Violence And Youthful Gang Offenders In The Honour Cultures Of Urban Street Gangs, Cecil Hunt

Cecil J. Hunt II

No abstract provided.

Workers' Compensation And Hoffman Plastic: Pandora's Undocumented Box, Oliver Beatty

Oliver T Beatty

The focus of this Comment is whether Hoffman Plastic, which was decided in regard to unionization and back pay, is properly applied when its rationale is utilized in litigation across the country by employers to preclude workers' compensation payments to injured undocumented workers. This Comment examines the rationale and policy from courts across the nation in determining whether Hoffman Plastic belongs in workers' compensation cases, when such an application has serious consequences for workplace safety and state police power. Part I of this Comment discusses the historical background of federal immigration and labor statutes examined in the Hoffman Plastic decision. …

Considering Recalibration Of International Investment Agreements: Empirical Insights, Susan Franck

Susan D. Franck

No abstract provided.

The Future Of The Legal Profession, Susan Daicoff

Susan Daicoff

No abstract provided.

Illinois State Bar Association Family Law Handbook, Cynthia Bond

Cynthia D. Bond

No abstract provided.

International Legal Hierarchy Revisited: The Status Of Obligations Erga Omnes, Ulf Linderfalk

Ulf Linderfalk

Increasingly, international legal arguments exploit the peculiar nature of obligations erga omnes. This practice raises questions about the precise legal status of norms expressing such obligations relative to other norms of international law. According to an oft-made suggestion, whether a norm is part of the international jus cogens or not, when it expresses obligations erga omnes it is hierarchically superior to all other norms of non-peremptory international law. This essay inquires into the justification of this theory - throughout the essay referred to as “the Theory on the Superior Status of Erga Omnes Obligations”. As shown in section 2, irrespective …

Australian Companion To Harris - Cases & Materials On International Law, Anthony Cassimatis, Wendy Lacey, Anne Mcnaughton, Rosemary Rayfuse

Rosemary Rayfuse

This book is a companion to the seventh edition of the internationally acclaimed Harris’ Cases and Materials on International Law. Offering carefully selected materials and expert commentary, An Australian Companion to Harris’ Cases Materials on International Law is designed to provide readers with a comprehensive treatment of International law from an Australian perspective. Updated to reflect recent developments in the law, the second edition significantly expands on the coverage of the first edition and includes two additional, entirely new, chapters: International Criminal Law and International Environmental Law. The content and scope of this companion make it an ideal text for …

Learning By Magic - It Is Not A Trick, Stephen Gerst

Stephen A Gerst

No abstract provided.

The Disappearing Opt-Out Right In Punitive Damages Class Actions, Richard Frankel

Richard H. Frankel

One of the most pressing issues in punitive damages law today is how to protect defendants from multiple punitive damages awards for a single course of conduct, while still ensuring that wronged plaintiffs can recover punitive damages. Numerous commentators have proposed non-opt-out class actions for punitive damages as the best solution to the multiple punishment problem because they subject defendants to a single collective punitive damages award that can be distributed equitably across all injured plaintiffs. This Article takes a contrary view. It argues that mandatory classes improperly deprive class plaintiffs of their right to opt out and pursue their …

Climate Change, Sustainable Development, And Ecosystems: 2010 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.

Unmasking The Lie: Dred Scott And The Antebellum Southern Honor Culture, Cecil Hunt

Cecil J. Hunt II

No abstract provided.

Punitive Damages And The Public Health Agenda, Jean Eggen

Jean M. Eggen

No abstract provided.

The System Response To The Commercial Sexual Exploitation Of Girls, Francine Sherman, Lisa Grace

Francine T. Sherman

This chapter, which is written from the perspectives of law, public health, and social work, examines the system’s response to the commercial sexual exploitation of children (CSEC), focusing on girls. It describes the issue and then examine the range of international, federal, state, and local laws and policies, aimed at aiding and enhancing prosecution of perpetrators of CSEC (i.e., pimps, johns), and at providing protection and services to its victims. The chapter argues that, as state and local authorities implement practice and policy for this population, the two central goals—law enforcement and victim protection—may conflict, creating practices that serve neither …

Investor-State Disputes: Prevention And Alternatives, Susan Franck

Susan D. Franck

No abstract provided.

To Bind Up The Nation's Wounds: Rekindling The Spirit Of Our Living Constitution, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

The Thousand Year Reich's Over One Thousand Anti-Jewish Laws, Michael Bazyler

Michael Bazyler

No abstract provided.

Using Experimental Economics To Understand Competition, Bart Wilson

Bart J. Wilson

No abstract provided.

Copyright Backlash, Ben Depoorter

Ben Depoorter

In the past decade the entertainment industry has waged a legally very successful campaign against online copyright infringements. In a series of high profile decisions, content industries persuaded courts to accept expansive interpretations of contributory enforcement, to create novel doctrines of copyright infringement, and to apply broad interpretations of statutory damage provisions. Many private file-sharers, technology companies, university administrators and Internet service providers have felt the reach of this litigation effort. Yet a significant empirical anomaly exists: even as the copyright industry has ramped up the level of deterrence, online copyright infringements continue unabated. Why has the legal battle against …

Intellectual Property Licenses, Executory Contracts, And Business Restructuring Under The American Bankruptcy Code, Paul Lewis

Paul Lewis

No abstract provided.

Blood Transfusions, Jehovah’S Witnesses, And The American Patients’ Rights Movement, Charles Baron

Charles H. Baron

The litigation to protect Jehovah’s Witnesses from unwanted blood transfusions, which their theology considers a violation of the biblical prohibition against drinking blood, has produced important changes in both the right to refuse treatment and in the preferred treatment methods of all patients. This article traces the evolution of the rights of competent medical patients in the United States to refuse medical treatment. It also discusses the impact this litigation has had on the medical community’s realization that blood transfusions were neither as safe nor as medically necessary as medical culture posited.

Constitution And Constitutionalism, Cecil Hunt

Cecil J. Hunt II

No abstract provided.

Compassion And Critique, Angela Harris

Angela P Harris

This piece will appear in a symposium organized by Anthony Paul Farley on Marxism and race, in the Columbia Journal of Race and Law.

The House That "Equality" Built: The Asian American Movement And The Legacy Of Community Action, Karen Tani

Karen M Tani

"President Lyndon Baines Johnson liked to quote the prophet Isaiah. 'Come, let us reason together,' Johnson sometimes said (assuming the voice of God) as he prepared to exercise his famous powers of persuasion. But Johnson was no literalist. Jesus told his disciples that the poor would be 'with you always.' Johnson and the other architects of the Great Society disagreed. Convinced that privation had no place in modern America, they confidently launched the concatenation of federal initiatives known as the War on Poverty. That war is now over; the poor, as predicted, remain. Yet the battle mattered--not because it was …

Church, State, And The Crisis In American Secularism, Bruce Ledewitz

Bruce Ledewitz

No abstract provided.

International Human Rights, Human Dignity And Black Inner-City Youth Gangs, Cecil Hunt

Cecil J. Hunt II

No abstract provided.