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Answering Jurors' Questions: Next Steps In Illinois (2010) (Symposium), Nancy S. Marder 2009 IIT Chicago-Kent College of Law

Answering Jurors' Questions: Next Steps In Illinois (2010) (Symposium), Nancy S. Marder

Nancy S. Marder

No abstract provided.


El Procedimiento Administrativo Y Las Facultades De La Autoridad En Materia De Represión De La Competencia Desleal. Apuntes Sobre El Decreto Legislativo N° 1044, Pierino Stucchi 2009 Selected Works

El Procedimiento Administrativo Y Las Facultades De La Autoridad En Materia De Represión De La Competencia Desleal. Apuntes Sobre El Decreto Legislativo N° 1044, Pierino Stucchi

Pierino Stucchi

No abstract provided.


Risky Business: The Credit Crisis And Failure, Olufunmilayo B. Arewa 2009 University of California - Irvine

Risky Business: The Credit Crisis And Failure, Olufunmilayo B. Arewa

Olufunmilayo B. Arewa

The credit crisis represents a watershed event for global financial markets and has been linked to significant declines in real economy performance on a level of magnitude not experienced since World War II. Recognition of the crisis in 2008 has been followed in 2009 and 2010 by a plethora of competing proposals in response to the credit crisis. The result has been a cacophony of visions, voices, and approaches. The sheer noise that has ensued threatens to drown out the fundamental core questions that should be asked about the credit crisis. Among the most important are questions about the relationships ...


Property And Transitional Justice, Bernadette Atuahene 2009 Chicago-Kent College of Law

Property And Transitional Justice, Bernadette Atuahene

Bernadette Atuahene

Transitional justice is the study of those mechanisms employed by communities, states and the international community to deal with a legacy of systematic human rights abuses and authoritarianism in order to promote social reconstruction. There is a well developed transitional justice literature on how states can deal with past violations of civil and political rights, which discusses the value of truth commissions, and international and domestic prosecutions. The transitional justice literature on how to deal with past violations of property rights, however, is significantly less developed. The goal of this essay is to begin an important conversation about how transitional ...


Property Rights & The Demands Of Transformation, Bernadette Atuahene 2009 Chicago-Kent College of Law

Property Rights & The Demands Of Transformation, Bernadette Atuahene

Bernadette Atuahene

The conception of property that a transitional state adopts is critically important because it affects the state’s ability to transform society. The classical conception of real property gives property rights a certain sanctity that allows owners to have near absolute control of their property. But, the sanctity given to property rights has made land reform difficult and thus can serve as a sanctuary for enduring inequality. This is particularly true in countries like South Africa and Namibia where—due to pervasive past property theft— land reform is essential because there are competing legitimate claims to land. Oddly, the classical ...


The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin 2009 Chicago-Kent College of Law

The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin

Martin H. Malin

No abstract provided.


The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture, Bartram Brown 2009 Chicago-Kent College of Law

The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture, Bartram Brown

Bartram Brown

The US, as a champion of human rights abroad, has often been skeptical and even critical when other states have granted de facto amnesty allowing impunity for gross violations of human rights. Nonetheless, some now argue that the US should turn a blind eye to the evidence indicating that under the Bush Administration US government officials formulated and implemented a policy of torture. Naturally, arguments about US national security have been central to the debate. The CIA’s own reports insist that enhanced interrogation techniques have been effective in yielding valuable information vital to the national security of the United ...


The Context Of Ideology: Law, Politics, And Empirical Legal Scholarship, Carolyn Shapiro 2009 Chicago-Kent College of Law

The Context Of Ideology: Law, Politics, And Empirical Legal Scholarship, Carolyn Shapiro

Carolyn Shapiro

No abstract provided.


Marriage And Parenthood As Status And Rights: The Growing, Problematic And Possibly Constitutional Trend To Disaggregate Family Status From Family Rights, Katharine K. Baker 2009 Selected Works

Marriage And Parenthood As Status And Rights: The Growing, Problematic And Possibly Constitutional Trend To Disaggregate Family Status From Family Rights, Katharine K. Baker

Katharine K. Baker

In upholding Proposition 8 one year after finding that same sex couples had a constitutional right to marry, the California Supreme Court followed a growing trend in family law to sever family rights from family status. The Court found that same sex couples were constitutionally entitled to the legal incidents of marriage, but not marriage itself. In the last 30 years, courts and legislatures have increasingly recognized a variety of different family forms by granting people in them the legal incidents of family relationship (Civil Unions and Domestic Partnerships for couples, Visitation and De Facto Parenthood for caretakers) without granting ...


The Stories Of Marriage, Katharine K. Baker 2009 Selected Works

The Stories Of Marriage, Katharine K. Baker

Katharine K. Baker

The gay and lesbian community's response to California's Proposition 8 was strong and quick. Within days of the 2008 election, opponents of the measure had targeted its proponents, in particular the Mormon Church, as subjects for scorn. Singling out the Mormon Church on this issue was particularly ironic because to the extent that members of the Mormon Church were responsible for the success of Proposition 8, they simply did to the gay community what courts of the United States consistently did to their forebears: defined away their right to marry. In striking down individuals' rights to enter into ...


Oral Dissenting On The Supreme Court, Carolyn Shapiro, Christopher W. Schmidt 2009 Chicago-Kent College of Law

Oral Dissenting On The Supreme Court, Carolyn Shapiro, Christopher W. Schmidt

Carolyn Shapiro

No abstract provided.


The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan 2009 Chicago-Kent College of Law

The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan

Felice J Batlan

This article provides a case study and an in-depth analysis of the WWPU. It then discusses how by the turn of the century, when the Society became the dominant provider of legal aid in New York City, women’s roles as legal providers and recipients of legal aid was even further expanded. By doing so, I demonstrate that gender was foundational to the development of legal aid and that women played crucial roles as lawyers, benefactors, and clients. Although this article focuses on New York, legal aid organizations in cities such as Chicago and Philadelphia also first arose to provide ...


Breaking Bucks In Money Market Funds, William Birdthistle 2009 University of Chicago Law School

Breaking Bucks In Money Market Funds, William Birdthistle

William Birdthistle

This Article argues that the Securities and Exchange Commission’s first and most significant response to the economic crisis increases rather than decreases the likelihood of future failures in money market funds and the broader capital markets. In newly promulgated regulations addressing the "breaking of the buck" in the $3 trillion money market - a debacle at the fulcrum of the 2008 financial meltdown - the SEC endorses practices that obfuscate rather than illuminate the capital markets, including fixed pricing for money market funds, potentially riskier portfolio requirements, and the continued use of discredited ratings agencies. These policies, premised implicitly upon doubt ...


Procedural Due Process In Pennsylvania: How The Commonwealth Court Clarified An Ambiguous Concept, John L. Gedid 2009 Widener Law

Procedural Due Process In Pennsylvania: How The Commonwealth Court Clarified An Ambiguous Concept, John L. Gedid

John L. Gedid

No abstract provided.


Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide: Introduction, Michael R. Dimino, Tonya M. Evans-Walls, Nicole M. Santo 2009 Florida State University College of Law

Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide: Introduction, Michael R. Dimino, Tonya M. Evans-Walls, Nicole M. Santo

Michael R Dimino

The Widener Law Journal has assembled a dynamic and diverse group of preeminent legal scholars to evaluate and discuss the many engaging, perplexing, and unanswered legal and ethical questions presented by Internet expression. These scholars have focused on two primary topics: (1) issues of constitutional law and criminal procedure that arise with Internet expression, including whether the Internet has increased concerns about invasions of other persons' rights and what regulations are necessary to protect privacy rights; (2) the intersection of Internet expression and property law, including issues of ownership, protectable interests,
and fair use in the realm of intellectual property ...


Restructuring Proposal For The Criminal Division Of The Circuit Court Of Cook County, Daniel T. Coyne 2009 Chicago-Kent College of Law

Restructuring Proposal For The Criminal Division Of The Circuit Court Of Cook County, Daniel T. Coyne

Daniel T. Coyne

No abstract provided.


Constitution And "Extraconstitution": Emergency Powers In Postcolonial Pakistan And India, Anil Kalhan 2009 Drexel University School of Law; University of California, Berkeley, School of Law

Constitution And "Extraconstitution": Emergency Powers In Postcolonial Pakistan And India, Anil Kalhan

Anil Kalhan

This essay explores the experiences with emergency and emergency-like powers in postcolonial Pakistan and India to illustrate the ways in which constitutional and extraconstitutional states of exception can converge in their application. The experiences in Pakistan with what I term its "extraconstitution" - illustrated most recently by the state of "emergency" declared by Pervez Musharraf in 2007 - demonstrate, perhaps unsurprisingly, that extraconstitutional assertions of emergency powers can provide a ready template for authoritarian rulers to usurp power, violate fundamental rights, and transform the constitutional landscape in the guise of addressing a crisis. At the same time, the authoritarianism in such moments ...


Lawyers And The Power Of Community: The Story Of South Ardmore, Corey S. Shdaimah 2009 University of Maryland School of Social Work

Lawyers And The Power Of Community: The Story Of South Ardmore, Corey S. Shdaimah

Corey S Shdaimah

Community organizing and lawyering have often been seen as incompatible. Lawyers are said to take over, many legal remedies are not amenable to and even dampen lay participation, and legal efforts can siphon money and other scarce resources. However, community organizations choose to seek out legal assistance for the benefits it provides despite their awareness of the dangers of working with lawyers and engaging the law. Much of the more recent literature shows that lawyers working with community organizations are also sensitive to these potential risks and benefits. This article presents the author’s efforts to organize her South Ardmore ...


The Affordable Care Act: What Does Healthcare Reform Say About Us?, Andrew J. Fichter 2009 Widener Law

The Affordable Care Act: What Does Healthcare Reform Say About Us?, Andrew J. Fichter

Andrew J Fichter

No abstract provided.


My Doctor Made Me Crazy: Can A Medical Malpractice Plaintiff Allege Psychological Damages Without Making Credibility The Issue?, Brendan T. Beery 2009 Thomas M Cooley Law School

My Doctor Made Me Crazy: Can A Medical Malpractice Plaintiff Allege Psychological Damages Without Making Credibility The Issue?, Brendan T. Beery

Brendan T Beery

This article explores the issue of psychological damages and challenges the pervasive notion among defense lawyers in medical malpractice cases that medical and psychological evidence obtained in discovery can be used to embarrass a medical malpractice plaintiff in front of a jury.


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