Digital Commons Network^™

Charting A Progressive International Financial Agenda, Daniel Bradlow

Working Papers

This paper argues that the current financial crisis offers the best opportunity for progressive reform in international financial governance in many years. It cautions that developing countries and civil society will only be able to fully exploit this opportunity if they are well prepared and realistic in their expectations. It concludes with a set of recommendations on what reforms developing countries and civil society should promote in the current negotiations about international financial governance.

Patient-Tailored Medicine, Part One: The Impact Of Race And Genetics On Medicine, Corrine Parver

Articles in Law Reviews & Other Academic Journals

One of the more controversial elements of advancing technology is the use of race and genetics to help create more specific types of medicines that will help combat diseases and conditions that appear to be more prevalent within certain races or ethnic groups than in others. Considering the history of discrimination and inadequate treatment of individuals on the bases of race and gender in the United States, there is justifiable concern that race or gender-based treatment could be used to legitimate discrimination. On the other hand, there is substantial proof that the current method of creating medicines for the general …

A Sovereign Wealth Turn, Anna Gelpern

Working Papers

On September 2, 2008, a group of leading sovereign wealth funds (SWFs) agreed on generally accepted principles and practices. The process that created the so-called Santiago Principles is important in its own right, as a milestone on the way to what might become international financial architecture. Since SWFs rose to prominence two years ago, they have been trapped in sterile domestic arguments between national security and open investment. These have obscured SWFs' significance and the governance challenge they present. The challenge reflects the power shifts and culture clashes of financial integration, which, thanks to capital flow reversals, no longer looks …

Integrating Comparative Criminal Law: Criminal Law And Procedure, At Home And Abroad, Roger Fairfax

Presentations

No abstract provided.

The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article aims to provide a brief background of the Prison Rape Elimination Act (PREA) and the important political forces that shaped its passing, the current status on implementation of the Act, including progress made with each of the tools, and a prediction about issues that will arise in the enactment and implementation of the standards required by PREA.

Progressive Lawyering In Politically Depressing Times: Can New Models For Institutional Self-Reform Achieve More Effective Structural Change?, Susan D. Carle

Working Papers

This Essay examines both the promise and the drawbacks of new models of achieving institutional self-reform through voluntary, self-designed processes, such as those undertaken in a case study Susan Sturm presents of the National Science Foundation's (NSF's) ADVANCE initiative, a program designed to encourage universities to make progress in eliminating the severe under-representation of women in academic positions in the sciences.

The promise of such models is multi-faceted. Most important, they offer paths for bringing about institutional reform without extensive management from legislatures or courts. They bring together affected interests to find win-win solutions. Law supports the achievement of consensus …

Complying With The National Institutes Of Health Public Access Policy: Copyright Considerations And Options, Michael Carroll

Articles in Law Reviews & Other Academic Journals

This White Paper is written primarily for policymaking staff in universities and other institutional recipients of NIH support responsible for ensuring compliance with the Public Access Policy. The January 11, 2008, Public Access Policy imposes two new compliance mandates. First, the grantee must ensure proper manuscript submission. The version of the article to be submitted is the final version over which the author has control, which must include all revisions made after peer review. The statutory command directs that the manuscript be submitted to PMC “upon acceptance for publication.” That is, the author’s final manuscript should be submitted to PMC …

The Changing International Business Context And The Challenge It Poses For The Education Of International Business Lawyers, Daniel Bradlow

Working Papers

This article looks at 3 factors affecting international business - increasing transnational business, environment, and human rights - and their implications for both the practice of and education of international business lawyers.

The 'High Crime Area' Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, Andrew Ferguson, Damien Bernache

Articles in Law Reviews & Other Academic Journals

This article proposes a legal framework to analyze the "high crime area" concept in Fourth Amendment reasonable suspicion challenges.Under existing Supreme Court precedent, reviewing courts are allowed to consider that an area is a "high crime area" as a factor to evaluate the reasonableness of a Fourth Amendment stop. See Illinois v. Wardlow, 528 U.S. 119 (2000). However, the Supreme Court has never defined a "high crime area" and lower courts have not reached consensus on a definition. There is no agreement on what a "high-crime area" is, whether it has geographic boundaries, whether it changes over time, whether it …

The Perils Of A Half-Built Bridge: Risk Perception, Shifting Majorities, And The Nuclear Power Debate, Amanda Leiter

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

I was asked to present one of the keynote addresses for this important symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. I am happy to write the introductory essay for this meaningful publication which arose from that symposium. This is a particularly hospitable and appropriate environment for this publication given Rutgers University's important place in feminist scholarship and discourse - both in its graduate and undergraduate programs and in its publication arm - Rutgers University Press. Historically,the Women's Rights Law Reporter …

The Violence Against Women Act: Denying Needed Resources Based On Criminal History, Jaime M. Yarussi

Project on Addressing Prison Rape - Articles

This article aims to discuss the Violence Against Women Act (VAWA) and the Victims of Crime Act (VOCA) in regards to funding for mental health treatment and crisis servic- es for incarcerated survivors and victims of sexual violence. It will begin by illustrating the need for services because of inmates’ likely history of victimization and draws conclusions regarding the impact that denying VAWA/ VOCA resources may have on the recovery of incarcerated victims.

Undercover Power: Examining The Role Of The Executive Branch In Determining The Meaning And Scope Of School Integration Jurisprudence, Lia Epperson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Unavailable And Unaccountable: A Free Ride For Foreign Manufacturers Of Defective Consumer Goods, Andrew F. Popper

Articles in Law Reviews & Other Academic Journals

In the last six months millions of foreign manufactured goods sold in the United States have been found to be defective, dangerous, and deadly. This requires consideration of both the jurisdictional issues involved in holding non-U.S. entities liable and an assessment of why these products made their way into the U.S. market. Part of the blames lies directly with so-called tort reform. Tort reform has suppressed vital market pressure and limited the corrective force of our civil justice system. With limited or no punitive damages, with no joint and several liability, with future litigation risk minimized, what else would one …

Climate Change, Fiduciary Duty, And Corporate Disclosure: Are Things Heating Up In The Boardroom, Perry Wallace

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Sovereignty As Discourse, Robert L. Tsai

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Transatlanticisms: Constitutional Asymmetry And Selective Reception Of U.S. Law And Economics In The Formation Of European Private Law, Fernanda Nicola

Articles in Law Reviews & Other Academic Journals

The recurrent claim made by judges, scholars, and lawyers shaping the debate on European private law is that there is a constitutional asymmetry in the European Union (EU). The asymmetry lies in the fact that European Community competences mostly encompass market and economic matters at the expense of social issues, while Member States have full jurisdiction over social matters but only limited jurisdiction over economic matters. Thus, the European constitutional structure leads to a market/technocratic orientation in its supranational institutions, as opposed to the social/political orientation of Member State governments. The pervasiveness of this claim allows jurists critiquing European adjudication …

Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert Tsai

Articles in Law Reviews & Other Academic Journals

In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis that the First Amendment posed no barrier to the punishment of two school age Jehovah's Witnesses who refused to pay homage to the American flag. Three years later, the Justices reversed themselves in West Virginia State Board of Education v. Barnette. This sudden change has prompted a host of explanations. Some observers have stressed changes in judicial personnel in the intervening years; others have pointed to the wax and wane of general anxieties over the war; still others have emphasized the sympathy-inspiring acts of …

Risky Business: Massachusetts V. Epa, Risk-Based Harm, And Standing In The D.C. Circuit, Amanda Leiter

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Transformation Of The U.S. Rulemaking Process - For Better Or Worse, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Civil Society's Involvement In Post-Conflict Peacebuilding, Corinne Parver, Rebecca Wolf

Articles in Law Reviews & Other Academic Journals

War is a way of life – in some parts of the world it is an on-going struggle with no end in sight. Years of perpetual conflict have adversely affected the way in which political, socioeconomic, and cultural components of society have developed. Indeed, armed conflict negatively affects all aspects of society: not only does it destroy buildings and societies, but it also leaves surviving individuals and communities with deep wounds that can last a lifetime.

Many efforts have been employed around the world to build peace following a conflict. Some interventions have proven quite successful, while others have not. …