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Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.

A "Judeo-Christian" Argument For Privatizing Marriage, Daniel A. Crane

Cardozo Law Review

No abstract provided.

Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Luis Fuentes-Rohwer, Guy-Uriel E. Charles

Articles by Maurer Faculty

No abstract provided.

Constitutional Norms In A State Of Permanent Emergency, Sanford Levinson

Georgia Law Review

Perhaps the most important constitutional issue of our time involves claims by the President to exercise power sufficient to confront ostensible 'emergencies" faced by the United States. One question is whether the Constitution grants the President sufficient powers. If not, are presidents justified in going 'beyond the Constitution"in order to do what they believe necessary in the given context? Professor Levinson demonstrates that debates about "emergency powers" have been a feature of our political system almost from its beginning. Many of those deemed our "greatest" presidents-Jefferson, Lincoln, and Franklin Roosevelt-have acted in questionable ways with regard to what might legitimately …

The Law School, The Profession, And Arthurs' Humane Professionalism, Robert W. Gordon

Osgoode Hall Law Journal

No abstract provided.

Letting Go Of A National Religion: Why The State Should Relinquish All Control Over Marriage, Amelia A. Miller

Loyola of Los Angeles Law Review

No abstract provided.

Santa Clara Magazine, Volume 47 Number 2, Fall 2005, Santa Clara University

Santa Clara Magazine

6 - THE DRIVE TO CREATE by Elizabeth Kelley Gillogly '93. Albert Hoagland, an adjunct professor at SCU for more than 20 years, helped to build the first disk drive. Now is he working to preserve the history of magnetic disk storage.

10 - UNFINISHED MESSAGE by Toshio Mori. We share an excerpt from a collection of short stories by Mori, whose work highlights the plight of Japanese immigrants in the U.S. during World War II. The book is a part of the California Legacy Series, a partnership between SCU and Heyday Books.

14 - THE FAMILIAR STRANGER By Cynthia …

Book Review, Milton C. Regan, Jr.

Journal of Legal Education

No abstract provided.

The "Planes, Trains, And Automobiles" Defense To Patent Infringement For Today's Global Economy: Section 272 Of The Patent Act, Ted L. Field

ExpressO

In 2004, for the first time ever, the U.S. Court of Appeals for the Federal Circuit applied the little-known temporary-presence defense of 35 U.S.C. § 272 in National Steel Car v. Canadian Pacific Railway. Section 272 provides a defense to patent infringement where a foreign vessel, aircraft, or vehicle enters the United States temporarily to engage in international commerce. The purpose behind § 272 is to prevent domestic patent enforcement from inhibiting international trade. Although this defense may not be well known yet, the Federal Circuit’s broad interpretation of § 272 will allow the temporary-presence defense to become more important …

Marriage And The Betrayal Of Perez And Loving, Monte Neil Stewart, William C. Duncan

BYU Law Review

No abstract provided.

The Reasonableness Of Probable Cause, Craig S. Lerner

George Mason University School of Law Working Papers Series

Probable cause is generally cast in judicial opinions and the scholarly literature as a fixed probability of criminal activity. In the weeks before the September 11 attacks, FBI headquarters, applying such an unbending standard, rejected a warrant application to search Zacarias Moussaoui’s laptop computer. This article, which begins with an analysis of the Moussaoui episode, argues that the probable cause standard should be calibrated to the gravity of the investigated offense and the intrusiveness of a proposed search. Tracing the evolution of probable cause from the common law through its American development, the article argues that the Supreme Court’s current …

The Integration Of Tax And Spending Programs, David A. Weisbach

Occasional Papers

No abstract provided.

What The Dormouse Said: How The Sixties Counterculture Shaped The Personal Computer By John Markoff (New York: Penguin, 2005), Vaughan Black

Canadian Journal of Law and Technology

What the Dormouse Said is the revisionary back- story of Silicon Valley; in particular, the roots of the current model of human interface with personal com- puters (video screen, keyboard, mouse) and the early stabs at creating the Internet. Markoff is a long-standing hi-tech reporter for the New York Times who, over the past 20 years, has co-written three computer-related books. In Dormouse, his fourth book (but first solo effort), he takes us back to the pre-ironic age — ‘‘the Flintstones era of computers’’ — when batch processing and beatniks still roamed the earth. His claim is that the various …

From Legal History To Legal Theory: Or Is It The Other Way Around, James L. Huffman

Tulsa Law Review

No abstract provided.

Righteous Fathers, Vulnerable Old Men, And Degraded Creatures: Southern Justices On Miscegenation In The Antebellum Will Contest, Bernie D. Jones

Tulsa Law Review

No abstract provided.

Civil Rights In Ordinary Tort Cases: Race, Gender, And The Calculation Of Economic Loss, Martha Chamallas

The Ohio State University Moritz College of Law Working Paper Series

This article explores race and sex bias in the computation of damages for loss of future earning capacity, an important component of economic loss in personal injury cases. It analyzes recent cases in the United States and in Canada which reject the use of race and sex-based tables to determine awards for female and minority plaintiffs and explains the method used by the special master in the September 11th Compensation Fund. Chamallas explores objections to reform -- from both the “right” and the “left” –- and makes the case for connecting civil rights principles to civil litigation.

The Orphan Of China: Law And Literature In Contemporary China, Zhang Wanhong

Cardozo Law Review

No abstract provided.

The Promise Of Equality: A Comparative Analysis Of The Constitutional Guarantees Of Equality In India And The United States, Nicole Lillibridge

William & Mary Bill of Rights Journal

No abstract provided.

Historicism, Progress, And The Redemptive Constitution, Amy Kapczynski

Cardozo Law Review

No abstract provided.

Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Bernard E. Harcourt, Tracey L. Meares, John Hagan, Calvin Morrill

Articles

No abstract provided.

The Rule Of Law And The Origins Of The Bill Of Attainder Clause, Jacob Reynolds

St. Thomas Law Review

Until recently, modem bill of attainder analysis has been fairly simple for courts and litigators alike - in order to be considered a bill of attainder, a law must "(1) specify the affected persons; (2) impose punishment; and (3) lack a judicial trial." Furthermore, the case law defining the appropriate analysis in bill of attainder cases is minimal and simple to understand: as one recent appointee to the D.C. Circuit has aptly noted, "[t]he Supreme Court's approach to the bill of attainder clause has been developed in only a handful of decisions. It is surprising that such a historically non-controversial …

The Presumption Of Guilt And The English Law Of Theft, 1750-1850, Bruce P. Smith

Sturm College of Law: Faculty Scholarship

"When it is said that a defendant to a criminal charge is presumed to be innocent, what is really meant is that the burden of proving his guilt is upon the prosecution. This golden thread ... runs through the web of the English criminal law. Unhappily Parliament regards the principle with indifference - one might almost say with contempt. The statute book contains many offences in which the burden of proving his innocence is cast on the accused." (Glanville Williams, The Proof of Guilt: A Study of the English Criminal Trial (1955))

No principle in Anglo-American criminal law is more …

Lessons From The World Trade Center For Open Space Planning Generally And Boston's Big Data Specifically, Mary Clark

Scholarly Articles in Law Reviews & Journals

This paper looks to several land use planning issues at stake in both the World Trade Center redevelopment and Central Artery/ Tunnel Project, offering some lessons for the future of public open space planning with respect to the inºuence of the press, the centrality of politics, the urgency of addressing public and private claims of land ownership, the need to engage the public, and seizing the opportunity to create new public transportation links.

Lost In Translation: Distinguishing Between French And Anglo-American Natural Rights In Literary Property, And How Dastar Proves That The Difference Still Matters, Benjamin Davidson

Cornell International Law Journal

No abstract provided.

The Indemnity Principle: From A Financial To A Function Paradigm, Brad Wilson, Jeffrey E. Thomas

Faculty Works

Although the indemnity principle is well-accepted, its customary meaning has not kept up with insurance practice. This paper explores the evolution of the indemnity principle in the context of property insurance in the United States. When property insurance was standardized in the 19th century, "indemnity" had a strict, financial meaning. An insured was only entitled to receive actual cash value for a loss, less depreciation. This ensured that insureds received a financial recovery equal to the value of their property prior to the loss. This approach to indemnity was developed in the context of concerns about the morality of insurance, …

Earthquakes And Tremors In Statutory Interpretation: An Empirical Study Of The Dynamics Of Interpretation, Daniel A. Farber

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

A School Without A Name: Desegregation Of Eastside High School 1970-1987, Regan Garner

University of Florida Journal of Law & Public Policy

No abstract provided.

The Tension Between Legal Instrumentalism And The Rule Of Law, Brian Z. Tamanaha

Syracuse Journal of International Law and Commerce

At the heart of the United States legal culture lie two core notions that exist in deep tension with one another: the idea that law is an instrument, and the rule of law ideal. Although they continue to coexist despite this tension, there are indications that the instrumental view of law is putting a serious strain on the rule of law ideal. The substantive version of the rule of law is the idea that there are legal limits on the government: there are certain things the government cannot do, even when exercising its sovereign lawmaking power. This version of the …

Civil Rights In Ordinary Tort Cases: Race, Gender, And The Calculation Of Economic Loss, Martha Chamallas

Loyola of Los Angeles Law Review

No abstract provided.

The Unbearable “Lite”Ness Of History: American Sodomy Laws From Bowers To Lawrence And The Ramifications Of Announcing A New Past, Neil Margolies

Fordham Urban Law Journal

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