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Salt Equalizer, Vol. 2004, Issue 4, Society Of American Law Teachers Dec 2004

Salt Equalizer, Vol. 2004, Issue 4, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Emily Houh, SALT's Affirmative Action Committee Hard at Work, at 1.

Holly Maguigan & Beto Juarez, Co-Presidents' Column, at 1.

Bob Dinerstein, Am I Blue? Judicial Nominations Will Be a Continuing Battleground in the Second Bush Term, at 4.

Kent Greenfield, Solomon Litigation Update, at 5.

Beto Juarez, "Class in the Classroom" a Classy Affair, at 6.

Scenes from the Teaching Conference, at 6.

Eileen Kaufman, Chicago Conference Highlights Need to Rethink the Bar Exam Process, at 7.

Nancy Cook, You're Invited: SALT and EJS to Co-Sponsor Reception and …


Salt Equalizer, Vol. 2004, Issue 3, Society Of American Law Teachers Aug 2004

Salt Equalizer, Vol. 2004, Issue 3, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Bob Dinerstein, Judical Nominations: The White House Proposes, the Senate Opposes, at 1.

Holly Maguigan & Beto Juarez, Co-Presidents' Column, at 1.

Kent Greenfield & Sylvia Law, Excerpts from July 7, 2004 Letter on Solomon Amendment Litigation, at 4.

Laura Rovner, Lawsuit Against UND Law Clinic and Professor Dismissed with Prejudice, at 6.

Eileen Kaufman, SALT Members Encouraged to Attend October Bar Exam Conference, at 6.

Tayyab Mahmud, "Class in the Classroom": SALT's Teaching Conference to be Held in Las Vegas on October 15-16, at 7.

Joan Howarth, Retreat and …


Salt Equalizer, Vol. 2004, Issue 2, Society Of American Law Teachers May 2004

Salt Equalizer, Vol. 2004, Issue 2, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Nancy Ehrenreich, Drake and Texas Affairs Raise Spector of Federal Interference with Academic Freedom, at 1.

Holly Maguigan & Beto Juarez, Co-Presidents' Column, at 1.

Kent Greenfield, Third Circuit to Hear Oral Argument in May on Denial of Preliminary Injunction in Solomon Amendment Lititgation, at 3.

Bob Dinerstein, Judicial Nominations Remain Contentious, at 4.

Margaret E. Montoya, An Update on Affirmative Action, at 5.

Holly Maguigan & Beto Juarez, Letter to the Editor, Chronicle of Higher Education, at 5.

Stephen Wizner, A Brief History of the Annual Robert M. Cover Public …


Salt Equalizer, Vol. 2004, Issue 1, Society Of American Law Teachers Feb 2004

Salt Equalizer, Vol. 2004, Issue 1, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Howard A. Glickstein, 2003-04 SALT Salary Survey, at 1.

About SALT, at 3.


Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson Jan 2004

Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson

Scholarly Works

In Flores v. Southern Peru Copper Corporation, the U.S. Court of Appeals, Second Circuit, re-examined its Alien Tort Claims Act (ATCA) jurisprudence and assumed that a private domestic company acting in its private capacity could be liable to Peruvian nationals under the ATCA for a wide range of torts under international law, including violations of rights to “life and health.” Previous cases and other Circuits held that only a handful of egregious crimes, when committed by a private individual or corporation, can justify private liability under the ATCA. Rather than abiding by these interpretations, however, the court examined in depth …


Wings For Talons: The Case For Extraterritorial Jurisdiction Over Sexual Exploitation Of Children Through Cyberspace, Christopher L. Blakesley Jan 2004

Wings For Talons: The Case For Extraterritorial Jurisdiction Over Sexual Exploitation Of Children Through Cyberspace, Christopher L. Blakesley

Scholarly Works

To cope more effectively with the changed landscape of child exploitation, it is necessary for laws to expand their extraterritorial reach. Some statutes in the “child exploitation arena” have already been ruled to apply extraterritorially. The prime example of this is 18 U.S.C. § 2252 (2004) (certain activities relating to the material involving the sexual exploitation of minors). Two of the more useful statutes in combating online pedophiles are 18 U.S.C. § 1470 (2003) (transfer of obscene materials to minors) and 18 U.S.C. § 2422 (2003) (coercion and enticement). These latter statutes, however, have yet to receive significant or …


Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse Jan 2004

Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse

Scholarly Works

Adding to the impressive body of work that has made her a leading voice in the fields of both alternative dispute resolution and professional responsibility, Carrie Menkel-Meadow's Saltman Lecture connects the theoretical exploration currently occurring on two parallel tracks: (1) theories of justice that investigate the ideal of a deliberative democracy; and (2) theories of alternative dispute resolution arising from its reflective practice. As she notes, theorists on both tracks are grappling with similar questions about the processes or conditions that will best bring together parties with widely divergent viewpoints to engage in consensus-building dialogue around contested issues.

However, while …


Lawyers Should Be Lawyers, But What Does That Mean?: A Response To Aiken & Wizner And Smith, Katherine R. Kruse Jan 2004

Lawyers Should Be Lawyers, But What Does That Mean?: A Response To Aiken & Wizner And Smith, Katherine R. Kruse

Scholarly Works

Lawyers should be more like social workers. That is the message of Law as Social Work, the provocative essay by Jane Aiken and Stephen Wizner (Aiken & Wizner) in the Washington University Journal of Law & Policy volume, which preceded the conference on Promoting Justice Through Interdisciplinary Teaching, Practice, and Scholarship, hosted by Washington University School of Law in March 2003. Almost as if in reply, Abbe Smith's contribution to the same pre-conference volume reasserts the importance of lawyers as zealous and partisan advocates, using the realities of the criminal defense context to argue for the value of the lawyer's …


What Is The Sound Of A Corporation Speaking? How The Cognitive Theory Of Metaphor Can Help Lawyers Shape The Law, Linda L. Berger Jan 2004

What Is The Sound Of A Corporation Speaking? How The Cognitive Theory Of Metaphor Can Help Lawyers Shape The Law, Linda L. Berger

Scholarly Works

This article argues that better understanding of metaphor's cognitive role can help lawyers shape judicial decision-making. As a way of exploring metaphor's contribution to shaping the law, the article focuses on how a particular lawsuit was influenced by metaphor, in particular, by the primary metaphor that a corporation is a person within the more complex metaphorical system suggested by the marketplace of ideas model for First Amendment protection. After describing the cognitive theory of metaphor and examining the metaphors underlying First Amendment protection for corporate speech, the article analyzes the use of metaphor in the briefs filed in the U.S. …