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Reconstituting The “Un-Person”: The Khmer Krom &The Khmer Rouge Tribunal, Mahdev MOHAN 2010 Singapore Management University

Reconstituting The “Un-Person”: The Khmer Krom &The Khmer Rouge Tribunal, Mahdev Mohan

2008 Asian Business & Rule of Law initiative

Despite the grand promise of victim participation at the ongoing trials of Extraordinary Chambers in the Courts of Cambodia (“ECCC”), this article notes the plight of an undeserved ethnic community, the members of which have become forgotten victims of genocide. The Article argues that if the ECCC’s trials are to have any resonance for the Khmer Krom, its affiliates and victims’ lawyers should avoid “othering” Khmer Krom victims of genocide, and instead adopt ethnographic approaches to lawyering that seek to ascertain communal desires for vindication.


A Bittersweet Heritage: Learning From The Making Of South African Legal Culture, Stephen Ellmann 2010 New York Law School

A Bittersweet Heritage: Learning From The Making Of South African Legal Culture, Stephen Ellmann

Articles & Chapters

This essay responds to Martin Chanock's argument that race tainted the entire enterprise of South African judging. It seeks to understand how that could have been so, and looks to such driving forces as whites' guilt, denial, identity-building, self-protection, and legitimation for explanations. Then it asks whether an institution so tainted should now be altogether abandoned as part of the rebuilding of post-apartheid South Africa. The essay answers that much should be changed, but that the existence of a judiciary laying claim to a special expertise and responsibility in interpreting law and protecting rights a key heritage of the ...


"With Faces Hidden While The Walls Were Tightening": Applying International Human Rights Standards To Forensic Psychology, Michael L. Perlin 2010 New York Law School

"With Faces Hidden While The Walls Were Tightening": Applying International Human Rights Standards To Forensic Psychology, Michael L. Perlin

Articles & Chapters

Although there are now robust bodies of literature in both Alaw and psychology and in international human rights law, there has been remarkably little written about the specific relationship between forensic psychology and international human rights standards (and about the relationship between mental disability law and such standards in general). Attention is paid when it appears that state psychiatry or psychology is used as a tool of political oppressions e.g., in the former Soviet Union or in China, but the literature is strangely silent on questions dealing with the extent to which forensic psychology practice comports withinternational human rights ...


Single Asset Real Estate And Development Projects: The Kara Homes Mistake, Marshall E. Tracht 2010 New York Law School

Single Asset Real Estate And Development Projects: The Kara Homes Mistake, Marshall E. Tracht

Articles & Chapters

The Kara Homes decision held that various affiliates of Kara Homes, Inc., each of which owned a separate real estate project, were "single asset real estate" ("SARE'') cases under the Bankruptcy Code's definition. According to the author of this article, the designation as single asset real estate substantially increased the difficulty faced by the debtors in maintaining their reorganization efforts, and has given lenders and their counsel a significant amount of comfort. However, the definition runs against the actual wording of the Bankruptcy Code, the intent underlying the SARE provisions, and the political winds. It should, and may well ...


Looking Back And Looking Ahead As The Home Mortgage Disclosure Act Turns Thirty-Five: The Role Of Public Disclosure Of Lending Data In A Time Of Financial Crisis, Richard D. Marsico 2010 New York Law School

Looking Back And Looking Ahead As The Home Mortgage Disclosure Act Turns Thirty-Five: The Role Of Public Disclosure Of Lending Data In A Time Of Financial Crisis, Richard D. Marsico

Articles & Chapters

This article examines the history of the Home Mortgage Disclosure Act (HMDA) and makes proposals for improving it to help prevent another economic crisis. Passed in 1975, HMDA requires most lenders to disclose information about their home mortgage loans, including the number of home mortgage applications it received; the purpose of each application; the type of loan; the decision on the application; the race, gender, and income of the loan applicant/borrower; the location of the loan and the median income and racial composition of the neighborhood; and the interest rate on the loan. HMDA was originally conceived of as ...


Introduction: The Market Meltdown Of 2008 And The Future Of Financial Reregulation [Article], Faith Stevelman 2010 New York Law School

Introduction: The Market Meltdown Of 2008 And The Future Of Financial Reregulation [Article], Faith Stevelman

Articles & Chapters

No abstract provided.


Courts And Temperance “Ladies”, Richard H. Chused 2010 New York Law School

Courts And Temperance “Ladies”, Richard H. Chused

Articles & Chapters

In 1873 and 1874, parts of southern Ohio were gripped by a remarkable string of marches, religious gatherings, and sit-ins by conservative, Christian, white women intent on shutting down the distribution of alcohol in their communities. A fascinating series of issues relating to the use of legal institutions to control these demonstrative women arose during these "temperance crusades." Many women in Hillsboro opposed using available legal avenues to suppress the liquor trade, preferring strategies based on moral suasion. But, as with other major controversies in our history, aspects of the temperance crusade ended up in court despite the desires of ...


Unasked (And Unanswered) Questions About The Role Of Neuroimaging In The Criminal Trial Process, Michael L. Perlin, Valerie McClain 2010 New York Law School

Unasked (And Unanswered) Questions About The Role Of Neuroimaging In The Criminal Trial Process, Michael L. Perlin, Valerie Mcclain

Articles & Chapters

The robust neuroimaging debate has dealt mostly with philosophical questions about free will, responsibility, and the relationship between brain abnormalities, violence and crime. This debate, however, obscures several important issues of criminal procedure to which little attention has as of yet been paid: 1) an indigent defendant's right of access to expert testimony in cases where neuroimaging tests might be critical, 2) a defendant's competency to consent to the imposition of a neuroimaging test; and 3) the impact of antipsychotic medications on a defendant's brain at the time that such a test is performed. This article will ...


The Second Kind Of Sin: Making The Case For A Duty To Disclose Facts Related To Genericism And Functionality In The Trademark Office, Susan M. Richey 2010 Washington and Lee University School of Law

The Second Kind Of Sin: Making The Case For A Duty To Disclose Facts Related To Genericism And Functionality In The Trademark Office, Susan M. Richey

Washington and Lee Law Review

Fraud jurisprudence in the federal Trademark Office encourages trademark holders to remain ignorant-or worse, silent-regarding facts that may reveal the generic or functional nature of their marks. If that failure to investigate or to voluntarily disclose relevant information results in the award or maintenance of afederal trademark registrationfo r invalids ubject matter, the public suffers an injury. The injury is particularly acute because numerous amendments to the 1946 Lanham Act in the decades since its passage have substantially increased the evidentiary utility and power of a federal registration. Although Procedures exist to allow a challenger to oppose or cancel an ...


Matters Of Public Safety And The Current Quarrel Over The Scope Of The Quarles Exception To Miranda, Rorie A. Norton 2010 Fordham Law School

Matters Of Public Safety And The Current Quarrel Over The Scope Of The Quarles Exception To Miranda, Rorie A. Norton

Fordham Law Review

In October 1984, the Burger Court set forth an exception to the Miranda doctrine in New York v. Quarles permitting officers to intentionally abstain from administering Miranda warnings to suspects where a threat to the safety of the public or officers exists. However, latent ambiguity arising from the Quarles decision authored by Justice William Rehnquist has resulted in a split among the federal courts of appeals as to what constitutes a “public safety threat.” Some courts broadly extend the Quarles exception to inherently dangerous situations, including the threat of an officer mishandling an undiscovered weapon. Other courts narrowly apply Quarles ...


Watergate, Judge Sirica, And The Rule Of Law, Anthony J. Gaughan 2010 University of the Pacific

Watergate, Judge Sirica, And The Rule Of Law, Anthony J. Gaughan

McGeorge Law Review

No abstract provided.


All Charities Are Property-Tax Exempt, But Some Charities Are More Exempt Than Others, Evelyn Brody 2010 Chicago-Kent College of Law

All Charities Are Property-Tax Exempt, But Some Charities Are More Exempt Than Others, Evelyn Brody

Evelyn Brody

Attention from the media notwithstanding, the nonprofit sector continues to achieve remarkable success in state supreme courts and statehouses in defending property-tax exemptions. But budget pressures remain. While the intermediate use of “payments in lieu of taxes” has not yet become a systematic compromise solution, PILOTs are attracting growing interest from local taxing jurisdictions. This Article highlights three issues— who decides the parameters of exemption, legislatures or courts; what are the specific factors and vulnerable subsectors; and how exemption is granted or withheld in practice—and concludes with several PILOT case studies. The Appendix sets forth a fifty-one-jurisdiction review of ...


Rehabilitating Mental Disorder Evidence After Clark V. Arizona: Of Burdens, Presumptions, And The Right To Raise Reasonable Doubt, Dora W. Klein 2010 Case Western Reserve University School of Law

Rehabilitating Mental Disorder Evidence After Clark V. Arizona: Of Burdens, Presumptions, And The Right To Raise Reasonable Doubt, Dora W. Klein

Case Western Reserve Law Review

No abstract provided.


Myth Of Fetal Personhood: Reconciling Roe And Fetal Homicide Laws, The, Juliana Vines Crist 2010 Case Western Reserve University School of Law

Myth Of Fetal Personhood: Reconciling Roe And Fetal Homicide Laws, The, Juliana Vines Crist

Case Western Reserve Law Review

No abstract provided.


Equal Protection From Execution: Expanding Atkins To Include Mentally Impaired Offenders, Corena G. Larimer 2010 Case Western Reserve University School of Law

Equal Protection From Execution: Expanding Atkins To Include Mentally Impaired Offenders, Corena G. Larimer

Case Western Reserve Law Review

No abstract provided.


Volume 60 Issue 4 (2010), Case Western Reserve University Law Review 2010 Case Western Reserve University School of Law

Volume 60 Issue 4 (2010), Case Western Reserve University Law Review

Case Western Reserve Law Review

No abstract provided.


The Child Exclusion In A Global Context, Martha F. Davis 2010 Case Western Reserve University School of Law

The Child Exclusion In A Global Context, Martha F. Davis

Case Western Reserve Law Review

No abstract provided.


Morris Shanker, Robert Rawson Jr. 2010 Case Western Reserve University School of Law

Morris Shanker, Robert Rawson Jr.

Case Western Reserve Law Review

No abstract provided.


Respecting Foundation And Charity Autonomy: How Public Is Private Philanthropy? (Symposium) (With J. Tyler), Evelyn Brody 2010 Chicago-Kent College of Law

Respecting Foundation And Charity Autonomy: How Public Is Private Philanthropy? (Symposium) (With J. Tyler), Evelyn Brody

Evelyn Brody

Recent years have seen a disturbing increase in legal proposals by the public and government officials to interfere with the governance, missions, strategies, and decision-making of foundations and other charities. Underlying much of these debates is the premise – stated or merely presumed – that foundation and charity assets are “public money” and that such entities therefore are subject to various public mandates or standards about their structure, operations, and policies. The authors’ experiences and research reveal three “myths” that, singly or collectively, underlie claims that charitable assets are public money. The first myth conceives of charities as shadow governments due to ...


Table Of Contents For Volume 94 Issue 2, Marquette University 2010 Marquette University Law School

Table Of Contents For Volume 94 Issue 2, Marquette University

Marquette Law Review

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