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Prosser's Privacy And The German Right Of Personality: Are Four Privacy Torts Better Than One Unitary Concept, Paul M. Schwartz, Karl-Nikolaus Peifer 2010 Berkeley Law

Prosser's Privacy And The German Right Of Personality: Are Four Privacy Torts Better Than One Unitary Concept, Paul M. Schwartz, Karl-Nikolaus Peifer

Faculty Scholarship

No abstract provided.


Reorienting Regulation: Pollution Enforcement In Industrializing Countries, Lesley K. McAllister, Benjamin Van Rooij, Robert A. Kagan 2010 Berkeley Law

Reorienting Regulation: Pollution Enforcement In Industrializing Countries, Lesley K. Mcallister, Benjamin Van Rooij, Robert A. Kagan

Faculty Scholarship

This special issue aims to set a course for future inquiry on regulatory enforcement in industrializing countries. With examples from major countries including Brazil, China, and Indonesia, the articles develop four cross-cutting themes: ( 1) how enforcement and its institutional context vary geographically and temporally, (2) how enforcement is affected by deficiencies in regulatory capacity and autonomy, ( 3) how civil liability regimes interact with enforcement, and ( 4) the relationship between enforcement and regulatory instrument choice.


Legal Mobilization In Schools: The Paradox Of Rights And Race Among Youth, Calvin Morrill, Lauren B. Edelman, Karolyn Tyson, Richard Arum 2010 Berkeley Law

Legal Mobilization In Schools: The Paradox Of Rights And Race Among Youth, Calvin Morrill, Lauren B. Edelman, Karolyn Tyson, Richard Arum

Faculty Scholarship

In this article, we analyze ethnoracial patterns in youth perceptions and responses to rights violations and advance a new model oflegal mobilization that includes formal, quasi-, and extralegal action. Slightly more than half of the 5,461 students in our sample reported past rights violations involving discrimination, harassment, freedom of expression/assembly, and due process violations in disciplinary procedures. Students, regardless of race, are more likely to take extralegal than formal legal actions in response to perceived rights violations. Self-identified African American and Latina/a students are significantly more likely than white and Asian American students to perceive rights violations ...


Self-Determination And Indigenous Nations In The United States: International Human Right, Federal Policy And Indigenous Nationhood, Christine Zuni Cruz 2010 University of New Mexico - Main Campus

Self-Determination And Indigenous Nations In The United States: International Human Right, Federal Policy And Indigenous Nationhood, Christine Zuni Cruz

Faculty Book Display Case

This paper, presented at the 2003 Native Title Conference in Alice Springs, Northern Territory, Australia in Lhere Artepe Country, considers self-determination from an internal indigenous perspective. This perspective looks to Indigenous legal tradition to set forth an idea of self-determination that has its foundation in Indigenous notions of origin and existence. The paper explores autochthonic legal tradition, or Indigenous legal tradition, and situates the principle of self-determination within the Indigenous legal tradition. While self-determination for Indigenous Peoples is recognized by the United Nations and the United States, Indigenous Peoples origin stories, a part of their Indigenous legal tradition, provides the ...


The Political Economy Of International Labor Migration Law, Joel P. Trachtman 2010 Tufts University

The Political Economy Of International Labor Migration Law, Joel P. Trachtman

Employment Research Newsletter

No abstract provided.


The Federal Retail Sales Tax That Wasn’T: An Actual History And An Alternative History, Lawrence A. Zelenak 2010 Duke Law School

The Federal Retail Sales Tax That Wasn’T: An Actual History And An Alternative History, Lawrence A. Zelenak

Law and Contemporary Problems

No abstract provided.


Modeling The Effects Of Peremptory Challenges On Jury Selection And Jury Verdicts, Roger Allen Ford 2010 University of New Hampshire School of Law

Modeling The Effects Of Peremptory Challenges On Jury Selection And Jury Verdicts, Roger Allen Ford

Law Faculty Scholarship

Although proponents argue that peremptory challenges make juries more impartial by eliminating “extreme” jurors, studies testing this theory are rare and inconclusive. For this article, two formal models of jury selection are constructed, and various selection procedures are tested, assuming that attorneys act rationally rather than discriminate based on animus. The models demonstrate that even when used rationally, peremptory challenges can distort jury decision making and undermine verdict reliability. Peremptory challenges systematically shift jurors toward the majority view of the population by favoring median jurors over extreme jurors. If the population of potential jurors is skewed in favor of conviction ...


Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max J. Minzner 2010 University of New Mexico

Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max J. Minzner

Faculty Scholarship

Judgments do not bind nonparties. This core due process constraint on issue preclusion means that courts can only adjudicate questions of fact and law with respect to those individuals appearing in court. However, the operation of stare decisis routinely extinguishes the rights of nonparties without notice or an opportunity to be heard. This Article examines the due process challenge to the operation of precedent. The traditional justifications for applying a due process analysis only to preclusion and not to precedent are inadequate. Instead of excepting stare decisis from the operation of procedural due process, we should see it as meeting ...


Code-Sharing In The U.S. Airline Industry: Effective Disclosure Requirements For An Aspect Of Air Transport That Is Complex, Important, And Often Misunderstood, Daniel Friedenzohn 2010 Embry-Riddle Aeronautical University

Code-Sharing In The U.S. Airline Industry: Effective Disclosure Requirements For An Aspect Of Air Transport That Is Complex, Important, And Often Misunderstood, Daniel Friedenzohn

Department of Aeronautical Science - Daytona Beach

No abstract provided.


Blind Dates: When Should The Statute Of Limitations Begin To Run On A Method-Of-Execution Challenge, Ty Alper 2010 Berkeley Law

Blind Dates: When Should The Statute Of Limitations Begin To Run On A Method-Of-Execution Challenge, Ty Alper

Faculty Scholarship

No abstract provided.


Why Plaintiffs Should Have To Prove Irreparable Harm In Copyright Preliminary Injunction Cases, Pamela Samuelson, Krzysztof Bebenek 2010 Berkeley Law

Why Plaintiffs Should Have To Prove Irreparable Harm In Copyright Preliminary Injunction Cases, Pamela Samuelson, Krzysztof Bebenek

Faculty Scholarship

No abstract provided.


Asil Annual Dinner: Reflections On Change In International Law: Remarks, David D. Caron 2010 Berkeley Law

Asil Annual Dinner: Reflections On Change In International Law: Remarks, David D. Caron

Faculty Scholarship

No abstract provided.


California Constitutional Law: The Religion Clauses, David A. Carrillo, Shane G. Smith 2010 Berkeley Law

California Constitutional Law: The Religion Clauses, David A. Carrillo, Shane G. Smith

Faculty Scholarship

No abstract provided.


Community Voice And Justice: An Essay On Problem-Solving Courts As A Proxy For Change, Brenda Bratton Blom, Julie Galbo-Moyes, Robin Jacobs 2010 University of Maryland Francis King Carey School of Law

Community Voice And Justice: An Essay On Problem-Solving Courts As A Proxy For Change, Brenda Bratton Blom, Julie Galbo-Moyes, Robin Jacobs

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Home Is Where The Hatred Is: A Proposal For A Federal Housing Administration Truth And Reconciliation Commission, Brian Gilmore 2010 University of Maryland Francis King Carey School of Law

Home Is Where The Hatred Is: A Proposal For A Federal Housing Administration Truth And Reconciliation Commission, Brian Gilmore

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Domestication Of International Criminal Law: A Proposal For Expanding The International Criminal Court's Sphere Of Influence, 43 J. Marshall L. Rev. 635 (2010), Lisa J. Laplante 2010 John Marshall Law School

The Domestication Of International Criminal Law: A Proposal For Expanding The International Criminal Court's Sphere Of Influence, 43 J. Marshall L. Rev. 635 (2010), Lisa J. Laplante

The John Marshall Law Review

No abstract provided.


Golden Calves, Stone Tablets, And Fundamental Law, Geoffrey P. Miller 2010 New York University

Golden Calves, Stone Tablets, And Fundamental Law, Geoffrey P. Miller

New York University Public Law and Legal Theory Working Papers

This article considers the Golden Calf episode in the Book of Exodus as an amendment to the constitution of Ancient Israel, adopted at or around the time of the Josianic political and cultic reforms of 621 BCE. These reforms represented a fundamental change because the high places played a deeply embedded role in the politics, religion, and culture of the society. Josiah’s campaign was, accordingly, an attempt to effect a constitutional revolution in the government of Judah. The golden calf text retrojects into the fundamental legitimating national text -- the story of the giving of the law to Moses on ...


Global Administrative Law Dimensions Of International Organizations Law, Benedict Kingsbury, Lorenzo Casini 2010 NYU School of Law

Global Administrative Law Dimensions Of International Organizations Law, Benedict Kingsbury, Lorenzo Casini

New York University Public Law and Legal Theory Working Papers

Several important legal features of the contemporary practice of international organizations (IOs) are not easily accommodated in standard approaches to international organizations law. This article argues that Global Administrative Law (GAL) approaches may strengthen analysis of operational issues such as emergency actions by IOs and the human rights implications of IO activities, structural issues such as the involvement of IOs in field missions and in public-private partnerships, and normative issues concerning the production and effects of non-treaty regulatory instruments by IOs (guidelines, best practices, national policy assessments, and other documents rather amorphously analyzed under the ‘soft law’ rubric.) In examining ...


Opting For A Legislative Alternative To The Fourth Amendment Exclusionary Rule, Samuel Estreicher, Daniel Weick 2010 New York University School of Law

Opting For A Legislative Alternative To The Fourth Amendment Exclusionary Rule, Samuel Estreicher, Daniel Weick

New York University Public Law and Legal Theory Working Papers

Our proposal for an alternative to the exclusionary rule differs from others in that while damages actions play an important role, it proposes a regulated experiment - crafted and enacted into law by Congress pursuant to its Section 5 power to enforce the Fourteenth Amendment - whereby federal, state and local law enforcement agencies can operate free of the exclusionary rule if they develop internal mechanisms to deter police misconduct . The central focus would be on developing systematic police compliance with the Fourteenth Amendment rather than addressing individual violations.

To help frame the discussion, consider the following formulation of our proposal: Application ...


The Supreme Court And Gender-Neutral Language: Setting The Standard Or Lagging Behind?, Leslie M. Rose 2010 Golden Gate University School of Law

The Supreme Court And Gender-Neutral Language: Setting The Standard Or Lagging Behind?, Leslie M. Rose

Publications

Most modern legal writing texts and style manuals recommend that writers use gender-neutral language. Gender-neutral language is achieved by avoiding the use of “gendered generics” (male or female nouns and pronouns used to refer to both men and women). For example, gender neutrality could be achieved by referring to “Members of Congress,” rather than “Congressmen,” and by changing a few words in the previous quotation from Melendez-Diaz: “The defendant always has [the] burden of raising a Confrontation Clause objection; statutes simply govern the time within which the [defendant] must do so.” As this article demonstrates, most members of the United ...


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