Law Commons^™

Defending The Golden Door: The Persistence Of Ad Hoc And Ideological Decision Making In U.S. Refugee Law, J. Michael Cavosie

Indiana Law Journal

No abstract provided.

The Overcompensation Problem: A Collective Approach To Controlling Executive Pay, Linda J. Barris

Indiana Law Journal

No abstract provided.

The Gender Gap: Separating The Sexes In Public Education, Sharon K. Mollman

Indiana Law Journal

No abstract provided.

Less Law Than Meets The Eye, David D. Friedman

Faculty Publications

No abstract provided.

Presumed Ineligible: The Effect Of Criminal Convictions On Applications For Asylum And Withholding Of Deportation Under Section 515 Of The Immigration Act Of 1990, Evangeline G. Abriel

Faculty Publications

No abstract provided.

Memorial Dedication Russell W. Galloway, Jr. 1940-1992, Gerald F. Uelmen, Howard C. Anawalt, Paul J. Goda S.J., George J. Alexander, Monica J. Evans, Margalynne Armstrong, Nancy A. Wright

Faculty Publications

No abstract provided.

The Environmental Prosecutor: New Jersey's Innovative Approach To Environmental Enforcement, Steven J. Madonna, Kathleen M. Breslin

Villanova Environmental Law Journal

No abstract provided.

Expanding The Reach Of The Bankruptcy Code's Automatic Stay Exception: City Of New York V. Exxon, Mark D. Chiacchiere

Villanova Environmental Law Journal

No abstract provided.

The Practice/Theory Dilemma: Personal Reflections On The Louisiana Abortion Case, Ruth Colker

UC Law Journal

This Essay presents Professor Colker's experiences filing an amicus brief in Sojourner T. v. Roemer, the Louisiana Abortion case. She reflects on the difficulty of raising meaningful community support in the form of client sponsors for the brief. She also addresses the conflict between the desire to present the strongest legal and political arguments and the need to ensure that the brief be supported by as many community voices as possible. She examines both the problems she faced in compromising her legal argument to better represent potential clients' actual positions, and the pressure brought by other organizations trying to change …

On Truth And Shielding In Child Abuse Trials, Jean Montoya

UC Law Journal

Concern for the victims of child abuse has recently swept the nation. This popular mood has led most states and the federal government to enact legislation designed to protect abused children from the strain of testifying at the criminal trials of their assailants. Many of these statutes limit face-to-face confrontation between the witness and defendant, most commonly by using a live video transmission between the courtroom and the child's separate testimonial room. Of course, such procedures implicate a criminal defendant's Sixth Amendment right to confront adverse witnesses. The United States Supreme Court held in Maryland v. Craig that testimony by …

Balancing Ethical Imperatives And Political Constraints: The Dilemma Of New Democracies Confronting Past Human Rights Violations, Jose Zalaquett

UC Law Journal

Since the early 1980s, newly emerging democracies have been confronting the ethical and political dilemma of how to address a legacy of human rights violations committed by former governments. Unlike the circumstances surrounding the war crimes trials in the wake of World War II, when recently deposed rulers were powerless, in many contemporary political transitions the perpetrators of past abuses continue to wield considerable power. As new governments attempt to repair the damage caused by their predecessors and to prevent the recurrence of human rights violations, they must avoid provoking a backlash.

In his Lecture, Sefior Zalaquett argues that these …

The Golden State Of Labor Preemption: The Circuit Courts Have Gone Too Far, Tod A. Cochran

UC Law Journal

The doctrine of preemption is widely considered to be the most confusing area in labor law. In 1986, the Supreme Court changed the preemption playing field with its holding in Golden State Transit Corporation v. City of Los Angeles. Golden State and the circuit court interpretations of it expand the degree to which state and local actions are preempted by the National Labor Relations Act (NLRA). This Note argues that many of the circuit decisions have misinterpreted the Golden State doctrine in ways that expressly disadvantage workers and frustrate the principles of the NLRA.

A coherent analytical framework has yet …

The Policy In Favor Of Settlement In An Adversary System, Stephen Mcg. Bundy

UC Law Journal

In recent years the settlement of pending civil cases has become an avowed goal of federal judicial administration. This Article considers whether this new policy favoring settlement is justified and how the policy ought to be implemented. The new policy differs from prior settlement preferences in rejecting the assumption, basic to the adversary system, that represented parties' decisions to continue litigation generally serve both the parties' and the public interest.

This Article examines the premises of the policy favoring settlement in light of recent changes in federal litigation. Professor Bundy considers the private interest arguments in favor of settlement and …

Illicit Drugs In America: History, Impact On Women And Infants, And Treatment Strategies For Women, Stephen R. Kandall, Wendy Chavkin

UC Law Journal

Media and government alike speak of the "war on drugs" as if it were a new phenomenon. In fact, drug use and abuse have been recognized as significant social, legal, and medical issues in this country for well over a century. In this Article Drs. Kandall and Chavkin provide an overview of drug use in America, putting special emphasis on issues related to maternal drug use. The Article begins by briefly surveying the history of drugs in America. Next, the authors review the adverse medical outcomes associated with maternal drug use, which include increased infant morbidity and mortality. The discussion …

Entering Great America: Reflections On Race And The Convergence Of Progressive Legal Theory And Practice, Margaret M. Russell

UC Law Journal

The relatively recent development of jurisprudence and pedagogy in the areas of critical legal studies, feminism, and critical race theory presents significant opportunities for progressive practitioners and activists. In certain respects, the relationship between these emerging theories and practice is necessarily dialogic and interdependent: progressive lawyers and activists are recognizing with increasing frequency the extent to which creative and compassionate commitment to their work can engender valuable new visions of practice and pedagogy; critical scholars and teachers, in turn, are growing both more cognizant of and more explicit about the nexus between their work and lawyering for social change. Beyond …

Shared Interests: Promoting Healthy Births Without Sacrificing Women's Liberty, Dawn Johnsen

UC Law Journal

In recent years, legislatures, courts, and state prosecutors increasingly have sought to impose special restrictions on women who choose to bear children. While the government certainly has a legitimate interest in promoting the birth of healthier babies, the specific policies implemented in pursuit of this laudable goal pose a significant and growing threat to women's fundamental liberties. In this Article Ms. Johnsen examines the relative merit of two models of governmental action aimed at women: the adversarial model, which treats the woman and the fetus as distinct legal entities having adverse interests; and the facilitative model, which recognizes that women …

Chronic Drug Users As Parents, Judy Howard

UC Law Journal

In her Essay Dr. Howard presents a progressive overview of parental drug and alcohol abuse. The Essay surveys general trends in substance abuse, and discusses the chemically dependent lifestyle. Highlighting the disparity between children with developmental problems who are being raised in chemically dependent families and those growing up in families where substance abuse is not an issue, Dr. Howard explains how newborn behavior and developmental patterns of older children are influenced by environmental as well as biological factors. She concludes that comprehensive and coordinated services must be provided by those who work with chemically dependent families and suggests an …

Beyond Cut Flowers: Developing A Clinical Perspective On Critical Legal Theory, Phyllis Goldfarb

UC Law Journal

In her Essay Professor Goldfarb examines the relationship between clinical legal education and critical legal theory. She highlights the resemblances between the two movements while elaborating a clinical educator's perspective on and critique of some of the ideas associated with critical legal studies.

As the heirs to different versions of legal realism--critical legal studies being associated with "rule skepticism," and clinical legal education with "fact skepticism"-both are engaged in a project of theoretical deconstruction. For each the goal of this project is to generate a climate favorable to social change. Professor Goldfarb, however, argues that much of the cls perspective, …

Rebellious Lawyering, Regnant Lawyering, And Street-Level Bureaucracy, Paul R. Tremblay

UC Law Journal

Professor Tremblay's Essay addresses "rebellious" lawyering, that strain of lawyering which empowers clients. His Essay seeks to explore some of the institutional and ethical barriers that prevent easy implementation of this powerful and attractive view of lawyering. He describes two strands within rebellious lawyering literature: the "collectivist" theme, which argues that effective lawyering for the poor must include collective, organizing efforts that look beyond intrasystemic relief; and the "client voice" theme, which encourages collaborative, nonhierarchical participation by clients in their legal casework. While these two themes are present in much of the literature, he believes that in some ways they …

The Feminist Transformation Of Lawyering: A Response To Naomi Cahn, Ann Shalleck

UC Law Journal

Professor Cahn persuasively advocates movement beyond identifying as either male or female the different ways of being a lawyer. In her Essay Professor Shalleck explores further three aspects of the feminist transformation of lawyering suggested by Professor Cahn's article. First, despite Professor Cahn's title, a feminist critique of lawyering is not about "styles"; it is about the nature of the lawyer's actions and ways of understanding that activity. Second, the feminist project is not about simply expanding the available ways women and men can act and think as lawyers. This step neither creates new options nor develops effective challenges to …

The "Bad Mother" In Law And Literature: A Problem Of Representation, Marie Ashe

UC Law Journal

In her Article Professor Ashe explores the model of the "bad," or "unfit," mother in law and literature-the woman whose reckless or murderous behaviors threaten or destroy her children.

She argues that the "bad mother" archetype influences the legal practitioner and shapes the attorney-client relationship. She challenges prevailing interpretations of "zealous advocacy" and discusses the way in which the "bad mother" figure threatens the development of narrative theory. In attempting to address these problems, she explores Toni Morrison's refiguring of the "bad mother" in Beloved as subject, rather than object, of narrative. Professor Ashe suggests applying a similar practice of …

Judges Of The Court/Table Of Cases, Various Editors

Villanova Law Review

No abstract provided.

Antitrust - Third Circuit Addresses Adequacy Of Pleading To Establish Subject Matter Jurisdiction Under Sherman Act, Nina Amster

Villanova Law Review

No abstract provided.

When Is A Corporate Executive "Substantially Unfit To Serve"?, Jayne W. Barnard

Faculty Publications

The recently enacted Securities Enforcement Remedies and Penny Stock Reform Act of 1990 provides that, in an SEC enforcement action, a federal court may enjoin or "disbar" the defendant from serving in the future as an officer or director of a public company. A court may enter such an order if it finds that the defendant is "substantially unfit" to serve as a corporate executive; the Act, however, does not define "substantial unfitness." In this Article Professor Jayne Barnard provides a framework for defining this term and identifying the defendants to which the Remedies Act should apply. Professor Barnard begins …

Toward Gender Equality: Testing The Applicability Of A Broader Discrimination Standard In The Workplace, Linda Hassberg

Buffalo Law Review

No abstract provided.

Lotus Lookalike Litigation: Landmark Or Limbo?, Mark Aaron Paley

Buffalo Law Review

No abstract provided.

Disappearances In Honduras The Need For Direct Victim Representation In Human Rights Litigation, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

Honduran national Manfredo Angel Velasquez Rodriguez was taken to a detention center in Tegucigalpa on September 12, 1981, and was never seen again. He was thirty-five years old when he disappeared, and left a wife and four small children. Without any judicial process he was detained, interrogated and tortured, and then disappeared. A petition concerning the disappearance of Velisquez Rodriguez was filed with the Inter-American Commission on Human Rights (Commission) in October of 1981. On July 29, 1988, an historic day in the fight against governmental human rights abuses in Latin America, the Inter-American Court of Human Rights held that …

The Feminist Transformation Of Lawyering: A Response To Naomi Cahn, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Who Shall Rule And Govern? Local Legislative Delegations, Racial Politics, And The Voting Rights Act, Binny Miller

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal convictions …