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Rosalie Of The Poulard Nation: Freedom, Law, And Dignity In The Era Of The Haitian Revolution, Rebecca J. Scott, Jean M. Hébrard 2010 University of Michigan Law School

Rosalie Of The Poulard Nation: Freedom, Law, And Dignity In The Era Of The Haitian Revolution, Rebecca J. Scott, Jean M. Hébrard

Book Chapters

On December 4, 1867, the ninth day of the convention to write a new post-Civil War constitution for the state of Louisiana, delegate Edouard Tinchant rose to make a proposal. Under the Congressional Reconstruction Acts of1867, the voters of Louisiana had elected ninety-eight delegates-half of them men of color-to a constitutional convention charged with drafting a founding document with which the state could reenter the Union. Edouard Tinchant was a twentysix- year-old immigrant to New Orleans, principal of a school for freed children on St. Claude Avenue. Having made something of a name for himself as a Union Army veteran ...


International Adjudication: A Response To Paulus--Courts, Custom, Treaties, Regimes, And The Wto, Donald H. Regan 2010 University of Michigan Law School

International Adjudication: A Response To Paulus--Courts, Custom, Treaties, Regimes, And The Wto, Donald H. Regan

Book Chapters

I am pleased to have the opportunity to respond to Andreas Paulus’s very interesting contribution, and to elaborate on some of the matters he raises. As will be all too obvious, I am not an expert on general public international law. I undertook this assignment in the hope that I would learn something (as I have), and that I would eventually think of something useful to say (less clear). Happily, the one area of international law where I do have some expertise is the law of the World Trade Organization (WTO). The WTO is often used as an example ...


Mandatory Employment Arbitration: Keeping It Fair, Keeping It Lawful, Theodore J. St. Antoine 2010 University of Michigan Law School

Mandatory Employment Arbitration: Keeping It Fair, Keeping It Lawful, Theodore J. St. Antoine

Articles

President Obama's election and the Democrats' takeover of Congress, including what was their theoretically filibuster-proof majority in the Senate, have encouraged organized labor and other traditional Democratic supporters to make a vigorous move for some long-desired legislation. Most attention has focused on the Employee Free Choice Act (EFCA). As initially proposed, the EFCA would enable unions to get bargaining rights through signed authorization cards rather than a secret-ballot election, and would provide for the arbitration of first-contract terms if negotiations fail to produce an agreement after four months. The EFCA would apply to the potentially organizable private-sector working population ...


Rethinking The Future Of The Colorado River: Draft Interim Report Of The Colorado River Governance Initiative, Colorado River Governance Initiative, University of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program 2010 University of Colorado Law School

Rethinking The Future Of The Colorado River: Draft Interim Report Of The Colorado River Governance Initiative, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Books, Reports, and Studies

117 p. : ill. (some color), color maps ; 29 cm


The Evolution Of Natural Resources Law And Policy, Lawrence J. MacDonnell, Sarah F. Bates 2010 University of Colorado Law School

The Evolution Of Natural Resources Law And Policy, Lawrence J. Macdonnell, Sarah F. Bates

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b444104~S0

Contents: Introduction / Bruce Babbitt -- PART I : REFLECTIONS ON NATURAL RESOURCES LAW AND POLICY: Historical evolution and future of natural resources law and policy / Sally Fairfax, Helen M. Ingram, Leigh Raymond -- Ethical perspectives on resources law and policy : global warming and our common future / Sarah Krakoff -- Why care about the polar bear? : economic analysis of natural resources law and policy / Lisa ...


Redeeming The Missed Opportunities Of Shady Grove, Stephen B. Burbank, Tobias Barrington Wolff 2010 University of Pennsylvania

Redeeming The Missed Opportunities Of Shady Grove, Stephen B. Burbank, Tobias Barrington Wolff

Faculty Scholarship

Shady Grove Orthopedic Associates v. Allstate Insurance Co., a closely watched case decided in the 2009–10 Term, presented the Court with an opportunity to speak to two related problems under the Rules Enabling Act that have languished for decades without proper resolution. The first involves a broad interpretive question: How can the limitations on rulemaking authority contained in the Act be applied in a manner that reflects the separation-of-powers concerns that animated them while also exhibiting respect for the state regulatory arrangements that govern much of our economic and social activity? The second problem involves the intersection of the ...


The Power Of Proxy Advisors: Myth Or Reality?, Stephen Choi, Jill E. Fisch, Marcel Kahan 2010 NYU Law School

The Power Of Proxy Advisors: Myth Or Reality?, Stephen Choi, Jill E. Fisch, Marcel Kahan

Faculty Scholarship

Recent regulatory changes increasing shareholder voting authority have focused attention on the role of proxy advisors. In particular, greater shareholder empowerment raises the question of how much proxy advisors influence voting outcomes. This Article analyzes the significance of voting recommendations issued by four proxy advisory firms in connection with uncontested director elections. We find, consistent with press reports, that Institutional Shareholder Services (ISS) is the most powerful proxy advisor and that, of the others, only Glass, Lewis & Co. seems to have a meaningful impact on shareholder voting. This Article also attempts to measure the impact of voting recommendations on voting ...


When The Government Is The Controlling Shareholder: Implications For Delaware, Marcel Kahan, Edward B. Rock 2010 New York University

When The Government Is The Controlling Shareholder: Implications For Delaware, Marcel Kahan, Edward B. Rock

Faculty Scholarship

No abstract provided.


The Distortionary Effect Of Evidence On Primary Behavior, Gideon Parchomovsky, Alex Stein 2010 University of Pennsylvania

The Distortionary Effect Of Evidence On Primary Behavior, Gideon Parchomovsky, Alex Stein

Faculty Scholarship

In this Essay, we analyze how evidentiary concerns dominate actors’ behavior. Our findings offer an important refinement to the conventional wisdom in law and economics literature, which assumes that legal rules can always be fashioned to achieve socially optimal outcomes. We show that evidentiary motivations will often lead actors to engage in socially suboptimal behavior when doing so is likely to increase their likelihood of prevailing in court. Because adjudicators must base decisions on observable and verifiable information—or, in short, evidence—rational actors will always strive to generate evidence that can later be presented in court and increase their ...


Oil And Water: Mixing Individual Mandates, Fragmented Markets, And Health Reform, Allison K. Hoffman 2010 University of Pennsylvania Law School

Oil And Water: Mixing Individual Mandates, Fragmented Markets, And Health Reform, Allison K. Hoffman

Faculty Scholarship

With momentum toward national health reform, there is wide support for legislation to include an individual mandate that would require all Americans to carry health insurance. Discussion of the individual mandate has relied largely on whether the mandate will generate universal coverage as a gauge for success. This article challenges the notion that an individual mandate is successful if it leads to universal coverage, revealing a critical problem the individual mandate will face even if all Americans were to have health insurance. To uncover this problem, this article sets out a novel framework that disentangles the three different policy objectives ...


Criminal Defence And The International Legal Personality Of The Individual, Kenneth S. Gallant 2010 University of Arkansas at Little Rock William H. Bowen School of Law

Criminal Defence And The International Legal Personality Of The Individual, Kenneth S. Gallant

Faculty Scholarship

Since the beginning of the Nuremberg trial, the status of the individual in international law has changed. This change is intimately connected with the right of defense in criminal proceedings, especially international criminal proceedings. Today, as a matter of right, the individual may make certain claims in international law, and especially international criminal law and international human rights law related to criminal procedure and substantive criminal law, without relying on a state to make them on his or her behalf. This article explores this development of the international legal personality of individuals. It also considers some of the limits of ...


University Of Michigan Law School Faculty, 2010-2011, University of Michigan Law School 2010 University of Michigan Law School

University Of Michigan Law School Faculty, 2010-2011, University Of Michigan Law School

Miscellaneous Law School Publications

Biographies of the University of Michigan Law School faculty.


Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks 2010 University of Tennessee College of Law

Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks

Michigan Journal of Gender and Law

This Article uses the term contingent equal protection to describe the constitutional analysis that applies to a range of governmental efforts to ameliorate race and sex hierarchies. "Contingent" refers to the fact that the equal protection analysis is contingent upon the existence of structural, de facto inequality. Contingent equal protection cases include those that involve explicit race and sex classifications, facially neutral efforts to reduce inequality, and accommodation of sex differences to promote equality. Uniting all three kinds of cases under a single conceptual umbrella reveals the implications that developments in one area can have for the other two.


Beyond The Binary: What Can Feminists Learn From Intersex Transgender Jurisprudence, Julie Greenberg, Marybeth Herald, Mark Strasser 2010 Thomas Jefferson School of Law

Beyond The Binary: What Can Feminists Learn From Intersex Transgender Jurisprudence, Julie Greenberg, Marybeth Herald, Mark Strasser

Michigan Journal of Gender and Law

Our panel will be discussing recent developments in the intersex and transsexual communities. The transsexual community began to organize in the 1970s, but did not fully develop into a vibrant movement until the 1990s. The intersex movement was born in the mid-1990s and has rapidly developed a strong and influential voice. Recently, both movements have undergone profound changes and each has provided new and unique theoretical perspectives that can potentially benefit other social justice groups. The purpose of our dialogue today is to describe these developments and explore how feminists could potentially benefit from the theoretical frameworks that are being ...


Defining Sex: On Marriage, Family, And Good Public Policy, Mark Strasser 2010 Capital University Law School

Defining Sex: On Marriage, Family, And Good Public Policy, Mark Strasser

Michigan Journal of Gender and Law

Transgendered individuals and their families face legal risks that most families do not, at least in part, because state laws are often unclear about whether or under what conditions transgendered individuals are permitted to marry the individuals whom they love. Challenges to the validity of marriages involving the transgendered may arise under a variety of circumstances, ranging from cases in which individuals may have hidden or may not even have known that they were transgendered until after their marriages, to cases in which the individuals had already transitioned and had explained their personal histories to their partners before they were ...


William Lawrence: Perspectives Of A Reconstruction Republican On The 14th Amendment, Jeremy D. Burkhart 2010 University of Akron Main Campus

William Lawrence: Perspectives Of A Reconstruction Republican On The 14th Amendment, Jeremy D. Burkhart

The 39th Congress Project

No abstract provided.


Changing Fashions In Advocacy: 100 Years Of Brief-Writing Advice, Helen A. Anderson 2010 University of Washington School of Law

Changing Fashions In Advocacy: 100 Years Of Brief-Writing Advice, Helen A. Anderson

Articles

American appellate practice is accomplished mainly through the written word, and there seems to be a modem consensus about what constitutes a good appellate brief. Books, articles, and continuing legal education materials tell the appellate advocate to be succinct, to organize arguments clearly, and to present facts and law truthfully yet persuasively. The ideal appellate advocate is a careful strategist and accurate researcher who writes crisply and credibly. The power of emotional or narrative arguments has not been stressed although this may be changing-because appellate judges are presumed to be less emotional than juries.

As one who teaches advocacy, and ...


But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas 2010 University of Washington School of Law

But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas

Articles

In Part I of this Article, I will illustrate the hidden declarant issue through a series of hypotheticals that highlight both the hearsay and Confrontation Clause problems associated with proving former testimony. Next, in Part II, I will demonstrate that treating the hidden declarant's statements as testimonial, and thus subject to exclusion on Confrontation Clause grounds, is consistent with Crawford and its progeny.

I will then demonstrate, in Part III, that historically, in both England and the United States, the accused had the right to confront hidden declarants, and that the historical exception for former testimony does not extinguish ...


Customary Practice And Community Governance In Implementing The Human Right To Water--The Case Of The Acequia Communities Of Colorado's Rio Culebra Watershed, Gregory A. Hicks, Devon G. Peña 2010 University of Washington School of Law

Customary Practice And Community Governance In Implementing The Human Right To Water--The Case Of The Acequia Communities Of Colorado's Rio Culebra Watershed, Gregory A. Hicks, Devon G. Peña

Articles

This paper offers commentary on the appropriateness of viewing, as a human right, the authority to manage water and to participate meaningfully in watershed governance, and it takes as an example the community of Hispano farmers of the Rio Culebra watershed of Southern Colorado in the headwaters of the Upper Rio Grande. In earlier work, the authors have written about the uneasy relationship between the formal system of appropriative water rights under Colorado law and the enduring set of local water norms practiced within acequias—the traditional water governance institutions and irrigation systems of the Culebra's Hispano farmers. The ...


Taking Narrow Channel Collision Prevention Seriously To More Effectively Manage Marine Transportation System Risk, Craig H. Allen 2010 University of Washington School of Law

Taking Narrow Channel Collision Prevention Seriously To More Effectively Manage Marine Transportation System Risk, Craig H. Allen

Articles

This Article locates the narrow channel rule in the larger context of risk management in confined waters. It begins by examining the risks posed by vessel navigation in narrow channels and fairways in the United States and the risk management measures employed to eliminate or reduce those risks, including the narrow channel rule in the applicable rules of the road. The Article then identifies problems with the existing rule and examines several alternatives to address the problems. The Article concludes that mariners deserve clearer guidance on how to identify the waters where Rule 9 applies than they have so far ...


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