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The Future Of Problem-Solving Courts: Inside The Courts And Beyond, Stacy Lee Burns 2010 University of Maryland Francis King Carey School of Law

The Future Of Problem-Solving Courts: Inside The Courts And Beyond, Stacy Lee Burns

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

No abstract provided.


Taking A Stand In A Not-So-Perfect World: What’S A Critical Supporter Of Problem-Solving Courts To Do?, Corey Shdaimah 2010 University of Maryland Francis King Carey School of Law

Taking A Stand In A Not-So-Perfect World: What’S A Critical Supporter Of Problem-Solving Courts To Do?, Corey Shdaimah

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

No abstract provided.


And The Ban Plays On…For Now: Why Courts Must Consider Religion In Marriage Equality Cases, Matthew E. Feinberg 2010 University of Maryland Francis King Carey School of Law

And The Ban Plays On…For Now: Why Courts Must Consider Religion In Marriage Equality Cases, Matthew E. Feinberg

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 Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment?, Deborah L. Meyer 2010 University of Maryland Francis King Carey School of Law

The Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment?, Deborah L. Meyer

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

No abstract provided.


Too Much To Bare? A Comparative Analysis Of The Headscarf In France, Turkey, And The United States, Hera Hashmi 2010 University of Maryland Francis King Carey School of Law

Too Much To Bare? A Comparative Analysis Of The Headscarf In France, Turkey, And The United States, Hera Hashmi

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

No abstract provided.


Labor And The Bank: Investigating The Politics Of The World Bank's Employing Workers' Index, Suzan Kang 2010 CUNY John Jay College

Labor And The Bank: Investigating The Politics Of The World Bank's Employing Workers' Index, Suzan Kang

Publications and Research

For many years, trade unions have pressured international financial organizations such as the World Bank to better incorporate protections for workers. A recent development in this contestation was the World Bank’s 2009 announcement regarding its controversial “Employing Workers Index” in its widely circulated Doing Business report. Trade unions had argued that the index, which promoted flexible labor market policies, did not respect the international norm of worker protections, and urged the World Bank to change the index. As a result, the Doing Business Group pledged to reform the Employing Workers Index and to create a new index on protecting ...


Women In Antebellum Alachua County, Florida, Herbert Joseph O'Shields 2010 University of North Florida

Women In Antebellum Alachua County, Florida, Herbert Joseph O'Shields

UNF Graduate Theses and Dissertations

The purpose of this study was to investigate the role and status of women in Alachua County, Florida, from 1821 through 1860. The secondary literature suggests that women throughout America had virtually no public role to play in antebellum society except in limited circumstances in some mature urban, commercial settings. The study reviewed U.S. Census materials, slave ownership records, and land ownership records as a means to examine the family structures, the mobility and persistence of persons and households, and the economic status of women, particularly including woman headed households. The study also examined laws adopted by the Florida ...


Dworkin's Two Principles Of Dignity: An Unsatisfactory Nonconsequentialist Account Of Moral Duties, Kenneth Simons 2010 Boston University School of Law

Dworkin's Two Principles Of Dignity: An Unsatisfactory Nonconsequentialist Account Of Moral Duties, Kenneth Simons

Faculty Scholarship

In his ambitious and wide-ranging new book, Justice for Hedgehogs, Ronald Dworkin offers an alternative to consequentialist theories of law, political morality, moral duties, and personal ethics. Respect for human dignity, he says, entails two requirements: self-respect, i.e., taking the objective importance of your own life seriously; and authenticity, i.e., accepting a personal responsibility for identifying what counts as success in your own life. For Dworkin, these two principles of dignity do triple duty. First, as a matter of personal ethics, they provide guidance about what we should do in order to live well. Second, they elucidate the ...


Go West Young Woman!: The Mercer Girls And Legal Historiography, Kristin Collins 2010 Boston University

Go West Young Woman!: The Mercer Girls And Legal Historiography, Kristin Collins

Faculty Scholarship

This essay is a response to Professor Kerry Abrams’s article The Hidden Dimension of Nineteenth-Century Immigration Law, published in Vanderbilt Law Review. The Hidden Dimension tells the story of Washington Territory’s entrepreneurial Asa Shinn Mercer, who endeavored to bring hundreds of young women from the East Coast to the tiny frontier town of Seattle as prospective brides for white men who had settled there. Abrams locates the story of the Mercer Girls, as they were called, in the history of American immigration law. My response locates The Hidden Dimension in American legal historiography, both that branch of American ...


Territoriality And The First Amendment: Free Speech At - And Beyond - Our Borders, Timothy Zick 2010 William & Mary Law School

Territoriality And The First Amendment: Free Speech At - And Beyond - Our Borders, Timothy Zick

Faculty Publications

No abstract provided.


On Regulating Conflicts Of Interest In The Credit Rating Industry, Lin (Lynn) Bai 2010 University of Cincinnati College of Law

On Regulating Conflicts Of Interest In The Credit Rating Industry, Lin (Lynn) Bai

Faculty Articles and Other Publications

This paper discusses issues giving rise to conflict of interest concerns in the credit rating industry and examines whether and how those issues are addressed in the current regulation that builds on the guidelines of the Credit Rating Agency Reform Act of 2006, the SEC rules that were initially adopted in 2007 and recently amended in 2009, and the internal code of conducts of rating agencies. The examination leads to a conclusion that conflict of interest at the individual rating analyst level and some concerns of conflict of interest at the agency level have been largely addressed in the current ...


The Performance Disclosures Of Credit Rating Agencies: Are They Effective Reputational Sanctions?, Lin (Lynn) Bai 2010 University of Cincinnati College of Law

The Performance Disclosures Of Credit Rating Agencies: Are They Effective Reputational Sanctions?, Lin (Lynn) Bai

Faculty Articles and Other Publications

The SEC has recently added new provisions to the credit rating agency regulation. These provisions require credit rating agencies to disclose publicly their rating actions and performance measurements. The new requirements seek to achieve two goals: (1) deter conflicts of interest in the credit rating industry by invoking the reputational sanction power of performance statistics, and (2) help new entrants to the industry build a track record so they can compete with established agencies. This paper reveals empirical evidence that the current disclosure requirements cannot achieve these goals and makes recommendations on how the regulation should be improved in light ...


Social Justice Feminism, Kristin (Brandser) Kalsem, Verna L. Williams 2010 University of Cincinnati College of Law

Social Justice Feminism, Kristin (Brandser) Kalsem, Verna L. Williams

Faculty Articles and Other Publications

For the past three years, women leaders from national groups, grassroots organizations, academia and beyond have gathered to address dissonance in the women's movement, particularly dissatisfaction with the movement's emphasis on women privileged on account of their race, class, or sexuality. At these meetings of the New Women's Movement Initiative (NWMI), advocates who no longer want to do feminism have articulated a desire for social justice feminism. This article analyzes what such a shift might mean for feminist practice and legal theory.

Drawing on history, specifically the work of the women behind the Brandeis brief in the ...


London Calling: Does The U.K.'S Experience With Individual Taxation Clash With The U.S.'S Expectations, Stephanie McMahon 2010 University of Cincinnati College of Law

London Calling: Does The U.K.'S Experience With Individual Taxation Clash With The U.S.'S Expectations, Stephanie Mcmahon

Faculty Articles and Other Publications

The United States is one of the last countries to tax married couples jointly; most other countries have adopted individual taxation. In 1990, the United Kingdom completed transitioning its tax system from one that treated husbands and wives as a marital unit to one that mandates an individual-based system, and so it has two decades of experience with the new regime. This article provides American policymakers valuable information regarding the consequences of adopting individual taxation by examining the United Kingdom's experience. First, it establishes a matrix of factors that identifies and assesses differences between the two nations that affect ...


Private Ordering And The Proxy Access Debate, Scott Hirst, Lucian A. Bebchuk 2010 Boston University School of Law

Private Ordering And The Proxy Access Debate, Scott Hirst, Lucian A. Bebchuk

Faculty Scholarship

This Article examines two “meta” issues raised by opponents of the SEC’s proposal to provide shareholders with rights to place director candidates on the company’s proxy materials. First, opponents argue that, even assuming proxy access is desirable in many circumstances, the existing no-access default should be retained and the adoption of proxy access arrangements should be left to opting out of this default on a company-by-company basis. This Article, however, identifies strong reasons against retaining no-access as the default. There is substantial empirical evidence indicating that director insulation from removal is associated with lower firm value and worse ...


The Education And Licensing Of Attorneys And Advocates In South Africa, Peggy Maisel 2010 Boston University School of Law

The Education And Licensing Of Attorneys And Advocates In South Africa, Peggy Maisel

Faculty Scholarship

This article explores the current organization of the South African bar and describes the legal education system and the licensing requirements for both attorneys and advocates, as well as those for foreign attorneys. Interspersed throughout the article are discussions of the system’s strengths and weaknesses, particularly in light of the transformation required after the end of apartheid, including some of the key challenges still facing South Africa.


The Ethics Of Poverty Tourism, Kevin Outterson 2010 Boston Univeristy School of Law

The Ethics Of Poverty Tourism, Kevin Outterson

Faculty Scholarship

Poverty tours - actual visits as well as literary and cinematic versions - are characterized as morally controversial trips and condemned in the press as voyeuristic endeavors. In this collaborative essay, we draw from personal experience, legal expertise, and phenomenological philosophy and introduce a conceptual taxonomy that clarifies the circumstances in which observing others has been construed as an immoral use of the gaze. We appeal to this taxonomy to determine which observational circumstances are relevant to the poverty tourism debate. While we do not defend all or even most poverty tourism practices, we do conclude that categorical condemnation of poverty tourism ...


Arbitrators And Accuracy, William Park 2010 Boston Univeristy School of Law

Arbitrators And Accuracy, William Park

Faculty Scholarship

An arbitrator’s primary duty remains the delivery of an accurate award, resting on a reasonably ascertainable picture of reality. Litigants wanting only quick or cheap solutions can roll dice, and have no need of lawyers. Evidentiary tools in arbitration should balance sensitivity toward cost and delay against the parties’ interest in due process and correct decisions. If arbitration loses its moorings as a truth-seeking process, nostalgia for a golden age of simplicity will yield to calls for reinvention of an adjudicatory process aimed at discovering the facts, finding the law, and correctly construing contract language.


Right Problem; Wrong Solution, Joseph L. Hoffmann, Nancy J. King 2010 Indiana University Maurer School of Law

Right Problem; Wrong Solution, Joseph L. Hoffmann, Nancy J. King

Articles by Maurer Faculty

No abstract provided.


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