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The Complicated Relationship: A Snapshot Of The U.S.-Mexico Border, James Cooper 2010 California Western School of Law

The Complicated Relationship: A Snapshot Of The U.S.-Mexico Border, James Cooper

Faculty Scholarship

This report will detail some of the major issues concerning the U.S.-Mexico border and the interconnected nature of the problems. It first examines the violence between narcotraficantes, that which has resulted in the crackdown against them by the Mexican Government through mobilization of the military. The resulting violence and kidnappings have brought about minimal confidence in civilian authorities, the administration of justice, and democratic governance. This report discusses the resulting public insecurity that has afflicted Mexico in the last few years. This report explores the economic contours along the U.S. border, and the reactions of the U ...


Addressing Political Captive Audience Workplace Meetings In The Post-Citizens United Environment, Paul M. Secunda 2010 Marquette University Law School

Addressing Political Captive Audience Workplace Meetings In The Post-Citizens United Environment, Paul M. Secunda

Faculty Publications

Citizens United has wrought widespread changes in the election law landscape. Yet, a lesser-known impact of this watershed case might have a significant impact in the workplace: It may permit employers to hold political mandatory captive audience meetings with their employees. To eliminate this danger, and consistent with the First Amendment framework for election law issues post-Citizen United, this Article urges Congress to consider language similar to that enacted by the Oregon Worker Freedom Act Law, SB 519 (effective Jan. 1, 2010). SB 519 prohibits termination of employees for refusing to attend mandatory political, labor, or religious meetings held by ...


Professional Sports League Commissioners’ Authority And Collective Bargaining, Matthew J. Parlow 2010 Marquette University Law School

Professional Sports League Commissioners’ Authority And Collective Bargaining, Matthew J. Parlow

Faculty Publications

With the National Basketball Association (NBA) and National Football League (NFL) collective bargaining agreements set to expire within the next two years, many experts are already predicting what changes may be made to both leagues’ governing labor documents. One likely point of contention between the owners and the players’ unions — though rarely discussed in the experts’ predictive discourse — is the power of the respective league commissioners to punish or discipline wayward players for misbehavior committed off of the court or field. This article will analyze this area of sports law by exploring this power of each league’s sports commissioner ...


Do Liquidated Damages Encourage Breach? A Psychological Experiment, Tess Wilkinson-Ryan 2010 University of Pennsylvania Law School

Do Liquidated Damages Encourage Breach? A Psychological Experiment, Tess Wilkinson-Ryan

Faculty Scholarship at Penn Law

No abstract provided.


Why Do We Need A Lawyer?: An Empirical Study Of Divorce Cases, Judith G. McMullen, Debra Oswald 2010 Marquette University Law School

Why Do We Need A Lawyer?: An Empirical Study Of Divorce Cases, Judith G. Mcmullen, Debra Oswald

Faculty Publications

There has been a steady increase in the number of self-represented divorce litigants in recent years. Do divorcing couples just want to save money, or are other factors at play in the decision to go pro se in one’s divorce? This article looks at a random sample of 567 divorce cases in Waukesha County, Wisconsin, where a higher-than-average median income suggests that inability to afford a divorce lawyer is not the only factor in the decision to self-represent.

The article examines characteristics of litigants that are associated with proceeding pro se, and examines the length of the divorce process ...


Revolutions In Local Democracy? Neighborhood Councils And Broadening Inclusion In The Local Political Process, Matthew J. Parlow 2010 Marquette University Law School

Revolutions In Local Democracy? Neighborhood Councils And Broadening Inclusion In The Local Political Process, Matthew J. Parlow

Faculty Publications

Political marginalization of minorities and government corruption are two key factors that have led to the overwhelming decline and decay of America's major cities. Local governments must combat the historical entrenchment of these two evils in order to reverse the trend toward demise. Neighborhood councils may be the best structural changes to local government because they provide more meaningful opportunities for political engagement of minority groups, while also serving as an antidote to systemic corruption in local government. This Essay analyzes the problems plaguing local government in urban cities and explores how neighborhood councils may be able to help ...


Different Shades Of Bias: Skin Tone, Implicit Racial Bias, And Judgments Of Ambiguous Evidence, Justin D. Levinson, Danielle Young 2010 William S. Richardson School of Law, University of Hawai'i at Mānoa

Different Shades Of Bias: Skin Tone, Implicit Racial Bias, And Judgments Of Ambiguous Evidence, Justin D. Levinson, Danielle Young

West Virginia Law Review

No abstract provided.


Judicial Decision-Making And Judicial Review: The State Of The Debate, Circa 2009, Charles D. Kelso, R. Randall Kelso 2010 University of the Pacific, McGeorge School of Law

Judicial Decision-Making And Judicial Review: The State Of The Debate, Circa 2009, Charles D. Kelso, R. Randall Kelso

West Virginia Law Review

No abstract provided.


Exploring Animal Rights As An Imperative For Human Welfare, Stephen A. Plass 2010 St. Thomas University School of Law

Exploring Animal Rights As An Imperative For Human Welfare, Stephen A. Plass

West Virginia Law Review

No abstract provided.


The Gift That Keeps On Giving: An Examination Of The Growing Problem Of Offshore Oil And Gas Royalty Relief, J. Todd Bergstrom 2010 West Virginia University College of Law

The Gift That Keeps On Giving: An Examination Of The Growing Problem Of Offshore Oil And Gas Royalty Relief, J. Todd Bergstrom

West Virginia Law Review

No abstract provided.


Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury 2010 West Virginia University College of Law

Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury

West Virginia Law Review

No abstract provided.


Hydraulic Fracturing Goes To Court: How Texas Jurisprudence On Subsurface Trespass Will Influence West Virginia Oil And Gas Law, Travis Zeik 2010 West Virginia University College of Law

Hydraulic Fracturing Goes To Court: How Texas Jurisprudence On Subsurface Trespass Will Influence West Virginia Oil And Gas Law, Travis Zeik

West Virginia Law Review

No abstract provided.


From The Desert To The Courtroom: The Uniformed Services Employment And Reemployment Rights Act, Andrew P. Sparks 2010 University of California, Hastings College of the Law

From The Desert To The Courtroom: The Uniformed Services Employment And Reemployment Rights Act, Andrew P. Sparks

Hastings Law Journal

No abstract provided.


Inequitable Sentencing For Possession Of Child Pornography: A Failure To Distinguish Voyeurs From Pederasts, Jesse P. Basbaum 2010 University of California, Hastings College of the Law

Inequitable Sentencing For Possession Of Child Pornography: A Failure To Distinguish Voyeurs From Pederasts, Jesse P. Basbaum

Hastings Law Journal

No abstract provided.


Public Opinion, Cultural Change, And Constitutional Adjudication, Calvin Massey 2010 University of California, Hastings College of the Law

Public Opinion, Cultural Change, And Constitutional Adjudication, Calvin Massey

Hastings Law Journal

No abstract provided.


Supremacy Clause Textualism, Henry Paul Monaghan 2010 Columbia Law School

Supremacy Clause Textualism, Henry Paul Monaghan

Faculty Scholarship

Whatever its status in the statutory interpretation "wars," originalism-driven textualism has assumed an increasingly prominent role in constitutional interpretation, at least within the academy. The focus of this Article is on one such form, namely, "Supremacy Clause textualism", that is, recent textualist claims about the implications of the Supremacy Clause of Article VI. This Article addresses two such claims.

First, in important articles, Professor Bradford Clark argues that the clause is "at the epicenter of [our] constitutional structure" and it "recognizes only the 'Constitution,' 'Laws,' and 'Treaties' of the United States as 'the supreme Law of the Land."' Displacement of ...


Between Rocks And Hard Places: Unprovenanced Antiquities And The National Stolen Property Act, Stephen K. Urice 2010 University of Miami School of Law

Between Rocks And Hard Places: Unprovenanced Antiquities And The National Stolen Property Act, Stephen K. Urice

Articles

No abstract provided.


Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack 2010 University of Miami School of Law

Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack

Articles

No abstract provided.


Collective Bargaining Agreements In Corporate Reorganizations, Andrew B. Dawson 2010 University of Miami School of Law

Collective Bargaining Agreements In Corporate Reorganizations, Andrew B. Dawson

Articles

Congress enacted § 1113 to the Bankruptcy Code in 1984 in order to establish a standard for the rejection of Collective Bargaining Agreements. But the statute's ambiguous language has caused a split between the Second and Third Circuits, and has precipitated a lengthy academic debate largely centered on the interpretation of one word: "necessary." This debate has focused on proper statutory interpretation as well as deeper concerns regarding the policy goals behind the Bankruptcy Code. The present study reports data that indicate that the different interpretations are irrelevant in practice. No matter how "necessary" is defined, the result is always ...


Putting The Community Back Into The ‘Community Benefit’ Standard, Jessica Wilen Berg 2010 Case Western Reserve University School of Law

Putting The Community Back Into The ‘Community Benefit’ Standard, Jessica Wilen Berg

Faculty Publications

The responsibility of hospitals to provide charity care raises fundamental questions about the structure of the United States' health care system. There has been little concrete effort to reassess the obligations of hospitals. This Article seeks to fill that gap by proposing a novel framework for analyzing hospitals' community obligations. This new framework challenges traditional notions of individual charity care and provides a normative basis for encouraging a shift toward public health benefits.


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