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Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla 2011 Indiana University Maurer School of Law

Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla

Articles by Maurer Faculty

This article examines the U.S. Supreme Court’s decision Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) from a social psychological perspective, and empirically studies Iqbal’s effect on claims of race discrimination.

In Twombly and then Iqbal, the Court recast Rule 8 from a notice-based rule into a plausibility standard. Under Iqbal, federal judges must evaluate whether each complaint contains sufficient factual matter “to state a claim to relief that is plausible on its face.” When doing so, Iqbal requires judges to draw on their “judicial experience and common sense.” Courts apply Iqbal at the pleading stage, before ...


The Advance Democracy Act And The Future Of United States Democracy Promotion Efforts, Patrick J. Glen 2011 Georgetown University Law Center

The Advance Democracy Act And The Future Of United States Democracy Promotion Efforts, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

This article addresses whether and to what extent the Obama administration should continue the Bush administration policies relating to democracy promotion. The focus of the article is on the ADVANCE Act of 2007, a legislative enactment that institutionalized democracy promotion in the State Department. After explicating the key provisions of this Act, as well as their implementation status, the article addresses key critiques leveled at democracy promotion, as well as areas where the Obama administration can expand on what has been accomplished thus far in this field. In the end, democracy promotion should continue to be an integral component of ...


What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts 2011 University of Pennsylvania Law School

What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


Capturing Individual Harms, Katrina Fischer Kuh 2011 Elisabeth Haub School of Law at Pace University

Capturing Individual Harms, Katrina Fischer Kuh

Pace Law Faculty Publications

The aggregated lifestyles and behaviors of individuals impose significant environmental harms yet remain largely unregulated. A growing literature recognizes the environmental significance of individual behaviors, critiques the failure of environmental law and policy to capture harms traceable to individual behaviors, and suggests and evaluates strategies for capturing individual harms going forward. This Article contributes to the existing literature by approaching the problem of environmentally significant individual harms through the lens of environmental federalism. Using climate change and individual greenhouse gas (“GHG”) emissions as an exemplar, the Article illustrates how local information, local governments, and local implementation can enhance policies designed ...


Legal Realism, Innate Morality, And The Structural Role Of The Supreme Court In The U.S. Constitutional Democracy, Karl S. Coplan 2011 Elisabeth Haub School of Law at Pace University

Legal Realism, Innate Morality, And The Structural Role Of The Supreme Court In The U.S. Constitutional Democracy, Karl S. Coplan

Pace Law Faculty Publications

The classical rationale for judicial review of the constitutionality of legislative and executive acts is based on a deterministic assumption about the nature of constitutional legal rules. By the early twentieth century however; American legal realists persuasively questioned the determinancy of law in general and posited that indeterminate cases were decided by judicial intuitions of fairness. Social science research has discovered that self-identified liberals and conservatives predictably place different relative values on different shared moral intuitions. At the same time, neurological research suggests that humans and primates implement "decisions" before the cognitive parts of the brain are even aware that ...


Punishing Without Free Will, Luis E. Chiesa 2011 Pace Law School

Punishing Without Free Will, Luis E. Chiesa

Pace Law Faculty Publications

This Article will argue that there are good moral reasons to conclude that the scientific plausibility of determinism ought to lead us to abandon the notion of free will. Contra P. F. Strawson and Moore, this Article suggests that rejecting free will does not undermine the human experience, and doing so is plausible and attractive because it would likely lead to more humane and efficient institutions of blaming and punishing.


Workers' Compensation And Hoffman Plastic: Pandora's Undocumented Box, Oliver Beatty 2010 Saint Louis University - Main Campus

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 ...


Blood Transfusions, Jehovah’S Witnesses, And The American Patients’ Rights Movement, Charles Baron 2010 Boston College Law School

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.


Whither Secular Bear: The Russian Orthodox Church’S Strengthening Influence On Russia's Domestic And Foreign Policy, Robert Blitt 2010 University of Tennessee College of Law

Whither Secular Bear: The Russian Orthodox Church’S Strengthening Influence On Russia's Domestic And Foreign Policy, Robert Blitt

Robert C. Blitt

As 2012 presidential elections in Russia draw near, evidence points to a collapse in that country’s constitutional obligation of secularism and state-church separation. Although early signs of this phenomenon can be traced back to the Yeltsin era, the Putin and Medvedev presidencies have dealt a fatal blow to secular state policy manifested both at home and abroad, as well as to Russia’s constitutional human rights principles including nondiscrimination and equality of religious beliefs. The first part of this article argues that leadership changes in the Russian government and the Russian Orthodox Church (ROC) have triggered an unprecedented deepening ...


Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo Barrozo 2010 Boston College Law School

Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo Barrozo

Paulo Barrozo

Because of the continued dominance of consequentialist views, the deontological paradigm that emerges in the form of a human rights approach to adoption faces two major and partially connected obstacles. First, and despite the fact that the human rights approach has found compelling advocates, its jurisprudential basis has yet to be fully articulated. And in part because of insufficient theorization, the emerging deontological adoption is constantly at risk of being rhetorically and practically subsumed or engulfed by the resilient consequentialist-cum-charity paradigm. This article addresses these two obstacles, laying out the foundations of a deontological theory of adoption.After the Introduction ...


The Myth Of Choice: Personal Responsibility In A World Of Limits, Kent Greenfield 2010 Boston College Law School

The Myth Of Choice: Personal Responsibility In A World Of Limits, Kent Greenfield

Kent Greenfield

Americans are fixated on the idea of choice. Our political theory is based on the consent of the governed. Our legal system is built upon the argument that people freely make choices and bear responsibility for them. And what slogan could better express the heart of our consumer culture than "Have it your way"?

In this provocative book, Kent Greenfield poses unsettling questions about the choices we make. What if they are more constrained and limited than we like to think? If we have less free will than we realize, what are the implications for us as individuals and for ...


Childhood Obesity (The Marketing Of Fast Food To The Poor And People Of Color), Cheryl George 2010 Lincoln Memorial University-Duncan School of Law

Childhood Obesity (The Marketing Of Fast Food To The Poor And People Of Color), Cheryl George

Cheryl Page

No abstract provided.


The Variable Value Of Us Legal Education In The Global Legal Services Market, Carole Silver 2010 Indiana University - Bloomington

The Variable Value Of Us Legal Education In The Global Legal Services Market, Carole Silver

Carole Silver

Many U.S. law firms now claim to be global organizations, and they seek to occupy the same high status everywhere they work. In part, simply supporting overseas offices is an indication of status for U.S.-based firms. But firms want more than this and they strive for recognition as elite advisors around the world. In this pursuit, have firms identified a set of common characteristics and credentials that define a “global lawyer?” That is, is there a uniform and universal profile, or perhaps a set of assets that comprise global professional capital, which are emerging as the indicia ...


Appointment: Elected To The American Law Institute, Vincent Rougeau 2010 Boston College Law

Appointment: Elected To The American Law Institute, Vincent Rougeau

Vincent D. Rougeau

No abstract provided.


“Hacer Fila En Bogotá" (To Do The Line In Bogotá), Andrés Henao Castro, Mauricio García Villegas 2010 University of Massachusetts Boston

“Hacer Fila En Bogotá" (To Do The Line In Bogotá), Andrés Henao Castro, Mauricio García Villegas

Andrés Fabián Henao-Castro

No abstract provided.


Changing The People: Legal Regulation And American Democracy, Tabatha Abu El-Haj 2010 Drexel University Earle Mack School of Law

Changing The People: Legal Regulation And American Democracy, Tabatha Abu El-Haj

Tabatha Abu El-Haj

The world in which we live, a world in which law pervades the practice of democratic politics – from advance regulation of public assemblies to detailed rules governing elections – is the product of a particular period of American history. Between 1880 and 1930, states and municipalities increased governmental controls over the full range of nineteenth-century avenues for democratic participation. Prior to this legal transformation, the practice of democratic politics in the United States was less structured by law and more autonomous from formal state institutions than it is today. Exposing this history challenges two core assumptions driving the work of contemporary ...


Russia’S 'Orthodox' Foreign Policy: The Growing Influence Of The Russian Orthodox Church In Shaping Russia’S Policies Abroad, Robert Blitt 2010 University of Tennessee College of Law

Russia’S 'Orthodox' Foreign Policy: The Growing Influence Of The Russian Orthodox Church In Shaping Russia’S Policies Abroad, Robert Blitt

Robert C. Blitt

The government of Russia and the Russian Orthodox Church (ROC) - the country’s predominant religious group - recently underwent back-to-back changes in each institution’s respective leadership. This coincidence of timing has afforded a unique opportunity to reexamine the status of constitutional secularism and church-state relations in the Russian Federation. In the short space of two years, the partnership of President Dmitri Medvedev and Patriarch Kirill has further entrenched a discriminatory three-tiered status system for religious groups and - perhaps more significantly - has generated multiple new channels of influence for the ROC in Russian social and political life, including handing the Church ...


Initiatives On Ip Enforcement Beyond Trips: The Anti-Counterfeiting Trade Agreement And The International Medical Products Anti-Counterfeiting Task Force, Christoph Antons, Gabriel Garcia 2010 University of Wollongong

Initiatives On Ip Enforcement Beyond Trips: The Anti-Counterfeiting Trade Agreement And The International Medical Products Anti-Counterfeiting Task Force, Christoph Antons, Gabriel Garcia

Dr Gabriel Garcia

No abstract provided.


Defamation Of Religion: Rumors Of Its Death Are Greatly Exaggerated, Robert Blitt 2010 University of Tennessee College of Law

Defamation Of Religion: Rumors Of Its Death Are Greatly Exaggerated, Robert Blitt

Robert C. Blitt

This Article explores the recent decisions by the United Nations (“UN”) Human Rights Council and General Assembly to adopt consensus resolutions aimed at “combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief.” These resolutions represent an effort to move past a decade’s worth of contentious roll call votes in favor of prohibiting defamation of religion within the international human rights framework. Although labeled “historic” resolutions, this Article argues that the UN’s new compromise approach endorsed in 2011 — motivated in part by the desire to end years ...


The Bottom Up Journey Of 'Defamation Of Religion' From Muslim States To The United Nations: A Case Study Of The Migration Of Anti-Constitutional Ideas, Robert Blitt 2010 University of Tennessee College of Law

The Bottom Up Journey Of 'Defamation Of Religion' From Muslim States To The United Nations: A Case Study Of The Migration Of Anti-Constitutional Ideas, Robert Blitt

Robert C. Blitt

This chapter is intended to elaborate on the existing academic literature addressing the migration of constitutional ideas. Through an examination of ongoing efforts to enshrine “defamation of religion” as a violation of international human rights, the author confirms that the phenomenon of migration is not restricted to positive constitutional norms, but rather also encompasses negative ideas that ultimately may serve to undermine international and domestic constitutionalism. More specifically, the case study demonstrates that the movement of anti-constitutional ideas is not restricted to the domain of “international security” law, and further, that the vertical axis linking international and domestic law is ...


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