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Keep On Keeping On: The Naacp And The Implementation Of Brown V. Board Of Education In Virginia, Brian James Daugherity 2010 College of William & Mary

Keep On Keeping On: The Naacp And The Implementation Of Brown V. Board Of Education In Virginia, Brian James Daugherity

Dissertations, Theses, and Masters Projects

On May 17, 1954, the United States Supreme Court handed down one of its most important decisions in the twentieth century. Brown v. Board of Education ordered twenty-one U.S. states, including Virginia, to end racial segregation in their public schools.

The National Association for the Advancement of Colored People (NAACP), a nationally-known African American civil rights organization, had led the legal campaign to bring about the Brown decision. After its victory, the organization focused on how to bring about the implementation of the decision in the South in order to effectuate school desegregation. In the later 1950s, the NAACP ...


Honor, Gender And The Law: Defense Strategies During The Spanish Inquisition, 1526-1532, Katy Iverson 2010 College of William & Mary - Arts & Sciences

Honor, Gender And The Law: Defense Strategies During The Spanish Inquisition, 1526-1532, Katy Iverson

Dissertations, Theses, and Masters Projects

No abstract provided.


Seeking Educational Self-Determination: Raza Studies For Revolution, Margaret Montoya, Marcos Pizarro, Monica Nanez, Ray Chavez, Nadine Bermudez 2010 University of New Mexico - Main Campus

Seeking Educational Self-Determination: Raza Studies For Revolution, Margaret Montoya, Marcos Pizarro, Monica Nanez, Ray Chavez, Nadine Bermudez

Faculty Scholarship

This article is a multi-textured effort to explain the educational, social justice work of MAESTR@S, an innovative, organic group of educational activists fighting to address the needs of Latina/o youth. It is unlike anything we have ever written and probably unlike anything you are likely to read in an academic journal such as Equity & Excellence in Education.We do not have a well-defined result that we are reporting to you. Instead, we see ourselves on a quest, with a deep concern about the current educational choices facing most raza youth and their teachers, and a commitment to try ...


The Regulation Of Inchoate Technologies, Daniel J. Gervais 2010 Vanderbilt University Law School

The Regulation Of Inchoate Technologies, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

In this Essay, I explain why and how certain technologies I refer to as "inchoate" defeat regulatory interventions. I examine the "law" of unintended consequences and the role of regulatory ideologies. I suggest that traditional policymaking models, when applied to inchoate technologies, do not adequately reflect the risk of regulatory failure, which is proportional to the level of inchoateness of the technology. I also consider whether the regulation of inchoate technologies should take into account that, and may in fact be undesirable because, some technologies (or the use thereof) tend to self-regulate. Finally, I suggest lessons that can be drawn ...


Reinventing Lisbon: The Case For A Protocol To The Lisbon Agreement (Geographical Indications), Daniel J. Gervais 2010 Vanderbilt University Law School

Reinventing Lisbon: The Case For A Protocol To The Lisbon Agreement (Geographical Indications), Daniel J. Gervais

Vanderbilt Law School Faculty Publications

The Doha Development Agenda (Doha Round) of multilateral trade negotiations at the World Trade Organization (WTO) may fail unless a solution to the establishment of a multilateral register for geographical indications on wines and spirits (GIs) foreseen in the TRIPS Agreement is found. Failure of the Doha Round would entail serious intended and unintended consequences for the world trading system. Europe’s insistence on a Doha deal on GIs in now accompanied by demands from several developing countries for an extension of GI protection to products other than wines and spirits. Those demanders consider the current emphasis on alcoholic beverages ...


Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Oakes Finkelstein, Michael Lewis 2010 University of Pennsylvania

Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Oakes Finkelstein, Michael Lewis

Faculty Scholarship at Penn Law

No abstract provided.


The Cost Of Coal: Climate Change And The End Of Coal As A Source Of "Cheap" Electricity, Melissa Powers 2010 University of Pennsylvania Law School

The Cost Of Coal: Climate Change And The End Of Coal As A Source Of "Cheap" Electricity, Melissa Powers

University of Pennsylvania Journal of Business Law

No abstract provided.


Divergences And Convergences Of Common Law And Civil Law Traditions On Asset Partitioning: A Functional Analysis, Giacomo Rojas Elgueta 2010 University of Pennsylvania Law School

Divergences And Convergences Of Common Law And Civil Law Traditions On Asset Partitioning: A Functional Analysis, Giacomo Rojas Elgueta

University of Pennsylvania Journal of Business Law

No abstract provided.


The Ongoing Revolution In Punishment Theory: Doing Justice As Controlling Crime, Paul H. Robinson 2010 University of Pennsylvania

The Ongoing Revolution In Punishment Theory: Doing Justice As Controlling Crime, Paul H. Robinson

Faculty Scholarship at Penn Law

This lecture offers a broad review of current punishment theory debates and the alternative distributive principles for criminal liability and punishment that they suggest. This broader perspective attempts to explain in part the Model Penal Code's recent shift to reliance upon desert and accompanying limitation on the principles of deterrence, incapacitation, and rehabilitation.


Foreword: Procedure As Palimpsest, Catherine T. Struve 2010 University of Pennsylvania

Foreword: Procedure As Palimpsest, Catherine T. Struve

Faculty Scholarship at Penn Law

No abstract provided.


Impeach Brent Benjamin Now!? Giving Adequate Attention To Failings Of Judicial Impartiality, Jeffrey W. Stempel 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Impeach Brent Benjamin Now!? Giving Adequate Attention To Failings Of Judicial Impartiality, Jeffrey W. Stempel

Scholarly Works

In Caperton v. A.T. Massey Coal Co., Inc., 129 S. Ct. 2252 (2009), the Supreme Court by a 5-4 vote vacated and remanded a decision of the West Virginia Supreme Court of Appeals in which Justice Brent Benjamin cast the deciding vote in favor of Massey, a company run by Don Blankenship, who had provided $3 million in support to Benjamin during his 2004 election campaign.

Despite the unsavory taste of the entire episode, the Court was excessively careful not to criticize Justice Benjamin. Overlooked because of this undue judicial civility and controversy about the constitutional aspects of the ...


The Procedural Foundation Of Substantive Law, Thomas O. Main 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Procedural Foundation Of Substantive Law, Thomas O. Main

Scholarly Works

The substance-procedure dichotomy is a popular target of scholarly criticism because procedural law is inherently substantive. This article argues that substantive law is also inherently procedural. I suggest that the construction of substantive law entails assumptions about the procedures that will apply when that substantive law is ultimately enforced. Those procedures are embedded in the substantive law and, if not applied, will lead to over- or under-enforcement of the substantive mandate. Yet the substance-procedure dichotomy encourages us to treat procedural systems as essentially fungible-leading to a problem of mismatches between substantive law and unanticipated procedures. I locate this argument about ...


Constructing The Constitutional Canon: The Metonymic Evolution Of Federalist 10, Ian C. Bartrum 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Constructing The Constitutional Canon: The Metonymic Evolution Of Federalist 10, Ian C. Bartrum

Scholarly Works

This paper is part of larger symposium convened for the 2010 AALS annual meeting. In it the author adapts some of his earlier constitutional theoretical work to engage the topic of that symposium: the so-called “interpretation/construction distinction.” The author makes two related criticisms of the distinction: (1) it relies on a flawed conception of linguistic meaning, and (2) while these flaws may be harmless in the “easy” cases of interpretation, they are much more problematic in the difficult cases of most concern. Thus, the author doubts the ultimate utility of the distinction as part of a “true and correct ...


Refugee Credibility Assessment And The “Religious Imposter” Problem, Michael Kagan 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Refugee Credibility Assessment And The “Religious Imposter” Problem, Michael Kagan

Scholarly Works

Credibility assessment in refugee status determination (RSD) poses unique challenges when the outcome of asylum applications turns on the question of whether an asylum seeker is actually a member of a persecuted religious minority. These cases require secular adjudicators to delve into matters of religious identity and faith that are, by their nature, subjective and beyond the realm of objective analysis. This Article explores practical means of addressing this challenge through a case study of the RSD interviews of Eritrean asylum seekers in Egypt who based their refugee claims on Pentecostal religious associations. Analysis of the interview methods used in ...


Setting Foot On Enemy Ground: Cease-And-Desist Letters, Dmca Notifications And Personal Jurisdiction In Declaratory Judgment Actions, Marketa Trimble 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Setting Foot On Enemy Ground: Cease-And-Desist Letters, Dmca Notifications And Personal Jurisdiction In Declaratory Judgment Actions, Marketa Trimble

Scholarly Works

In declaratory judgment actions brought by alleged infringers against rights holders, such as actions for declaration of invalidity or non-infringement of intellectual property rights, U.S. courts have long maintained that sending a cease-and-desist letter alone, absent other acts in an alleged infringer's forum, is not a sufficient basis for personal jurisdiction over the rights holder who mailed them to the alleged infringer's forum. Notwithstanding the similarities between cease-and-desist letters and notifications under the Digital Millennium Copyright Act (DMCA), the Tenth Circuit Court of Appeals recently decided that sending a notification alone does establish a basis for personal ...


A Tale Told By A President, Mark A. Graber 2010 University of Maryland Francis King Carey School of Law

A Tale Told By A President, Mark A. Graber

Faculty Scholarship

Part I of this essay makes the case for symbolic politics. Presidents often have political reasons for subjecting courts to mere words. Part II makes the case for constitutional hardball.


Tensions Between International Law And Domestic Responsibilities, Maxwell O. Chibundu 2010 University of Maryland School of Law

Tensions Between International Law And Domestic Responsibilities, Maxwell O. Chibundu

Faculty Scholarship

No abstract provided.


"I'M Dying To Tell You What Happened": The Admissibility Of Testimonial Dying Declarations Post-Crawford, Peter Nicolas 2010 University of Washington School of Law

"I'M Dying To Tell You What Happened": The Admissibility Of Testimonial Dying Declarations Post-Crawford, Peter Nicolas

Articles

This Article demonstrates the existence and delineates the scope of a federal constitutional definition of "dying declarations" that is distinct from the definitions set forth in the Federal Rules of Evidence and their state counterparts. This Article further demonstrates that states have state constitutional definitions of "dying declarations" (for purposes of interpreting state constitutional analogues to the Confrontation Clause of the Sixth Amendment) that may differ in important respects from the federal constitutional definition of "dying declarations."

This Article then shows that some of the definitions of "dying declarations" contained in federal and state hearsay exceptions exceed the federal and ...


Taking The High Road: Why Prosecutors Should Voluntarily Waive Peremptory Challenges, Maureen A. Howard 2010 University of Washington School of Law

Taking The High Road: Why Prosecutors Should Voluntarily Waive Peremptory Challenges, Maureen A. Howard

Articles

In this Article, I review the efficacy of peremptory challenges and conclude that both empirical and anecdotal evidence confirm such challenges are of little utility. I contend that the marginal benefit of peremptory challenges to a criminal prosecutor is outweighed by the damage done to both the actual and perceived fairness of the system, and that imbalance should persuade prosecutors to consider a wholesale voluntary waiver of peremptory challenges.


The Changing Patterns Of Internet Usage, Christopher S. Yoo 2010 University of Pennsylvania Law School

The Changing Patterns Of Internet Usage, Christopher S. Yoo

Faculty Scholarship at Penn Law

The Internet unquestionably represents one of the most important technological developments in recent history. It has revolutionized the way people communicate with one another and obtain information and created an unimaginable variety of commercial and leisure activities. Interestingly, many members of the engineering community often observe that the current network is ill-suited to handle the demands that end users are placing on it. Indeed, engineering researchers often describe the network as ossified and impervious to significant architectural change. As a result, both the U.S. and the European Commission are sponsoring “clean slate” projects to study how the Internet might ...


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