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Private Norms And Public Spaces, Nicole Stelle Garnett

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.

Conceptualizing Aggression, Noah Weisbord

Duke Journal of Comparative & International Law

No abstract provided.

Decision Support For Countering Terrorist Threats Against Transportation Networks, Richard Adler, Jeff Fuller

Journal of Strategic Security

This article presents a dynamic decision support methodology forcounter-terrorism decision support. The initial sections introduce basic objectives and challenges of terrorism risk analysis and risk management. The remainder of the paper describes TRANSEC, a decision support framework for defining, validating, and monitoring strategies focused on managing terrorism risks to international transportation networks. The methodology and software tools underlying TRANSEC are applicable to other homeland security problems, such as critical infrastructure and border protection.

A Comparison Of Two Theoretical Models Of Procedural Justice In The Context Of Child Protection Proceedings, Twila Wingrove

Department of Psychology: Dissertations, Theses, and Student Research

In this study, the researcher tested two theoretical models of justice in the context of child protection proceedings. Participants read a case file describing a hypothetical child neglect case. The file included the court petition, the caseworker’s court report, a summary of the protective custody hearing, and the judge’s final order. Within the case file, the researcher manipulated four variables: procedural treatment, interpersonal treatment, severity of child neglect, and assigned role (judge or parent). Results of confirmatory factor analyses suggested that a four-factor model of justice judgments best fit the data. Consistent with the organizational justice approach (Colquitt, 2001) the …

An Identity Crisis Of International Organizations, Sungjoon Cho

All Faculty Scholarship

An Identity Crisis of International Organizations Abstract International organizations (IOs) are ubiquitous. More than two hundred IOs touch our everyday lives, ranging banking to flu-shots. However, conventional political scientists seldom pay sufficient attention to IOs which they thoroughly deserve given their contemporary prominence. Because conventional international relations (IR) theories consider IOs as mere passive machineries, they hardly offer a satisfactory explanation on a distinctive mode of IOs’ institutional dynamic, in which a specific IO, as a separate and autonomous organic entity, grows, evolves and eventually makes sense of its own existence. This Essay offers a novel perspective which attempts to …

Evaluating The Consequences Of Calibrated Sentencing: A Response To Professor Kolber, Miriam Baer

Faculty Scholarship

No abstract provided.

Institutional Legitimacy And Counterterrorism Trials, Gregory S. Mcneal

University of Richmond Law Review

No abstract provided.

Alinsky's Prescription: Democracy Alongside Law, Barbara L. Bezdek

Faculty Scholarship

This Article examines the import of the life’s work of Saul Alinsky—arguably the most prominent founder of contemporary organizing—to the content and methodologies of today’s legal education. I review the community organizing theory and practice of Saul Alinsky for its synergies and lessons on two approaches by legal theorists and educators working in law schools today — “community lawyering” and “social justice”education. These approaches embrace the special responsibility of the legal profession for the quality of justice in society[1] by extending the traditional conceptions of lawyers’ relationships with clients in ways that are informed by the insights of community organizers, …

Alinsky's Prescription: Democracy Alongside Law, 42 J. Marshall L. Rev. 723 (2009), Barbara L. Bezdek

UIC Law Review

No abstract provided.

Tilting The Balance Between Capital And Labor? The Effects Of Regulatory Arbitrage In European Corporate Law On Employees, Martin Gelter

Fordham International Law Journal

This Article examines an issue of regulatory competition that seems to be of greater interest for the corporate governance of large, publicly traded firms: the position of the employees. The Article proceeds in three parts. Part I sets out the basic premise of the analysis by describing why employees may be relevant to the corporate governance structure. This Part will briefly draw on economic theory to explain why, at least under certain circumstances, it can be beneficial to create an institutional structure that facilitates long-term commitment between firms and their employees. Part II identifies aspects of European corporate law that …

Evaluating The Consequences Of Calibrated Sentencing: A Response To Professor Kolber, Miriam H. Baer

Faculty Scholarship

This is a Response to Adam Kolber's essay, The Subjective Experience of Punishment, 109 Colum. L. Rev. 182 (2009). Kobler criticizes courts for failing to take into account subjective experience of punishment when imposing sentences for criminal conduct. Kolber contends that the failure to calibrate punishment to reflect subjective experience undermines both retributivist and consequentialist arguments for punishment.

This Response grapples with the consequentialist implications of Kolber's argument. Specifically, it argues that calibrated sentencing may be far less desirable than its logical alternative, calibrated policing. Indeed, many would say that we already distribute police resources based on our estimation of …

The Nation's Urban Land Grant Law School: Ensuring Justice In The 21st Century, Katherine S. Broderick

Journal Articles

FOR ten years I have had the honor and the privilege to serve as dean of the University of the District of Columbia David A. Clarke School of Law (UDC-DCSL), a diverse and progressive law school bent on training advocates for justice. I was delighted to accept when Dean Douglas Ray of the University of Toledo College of Law invited me to write about our unique mission and curriculum and our extraordinary cadre of social justice-driven faculty, staff, and administrators who have stayed the course through a stormy history to deliver a very different law school experience to a very …

Shortcuts To Reform, Heather K. Gerken

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

No abstract provided.

Planning For Adaptation To Climate Change: Landmark Cases From Australia, Jacqueline Peel, Lee Godden

Sustainable Development Law & Policy

No abstract provided.

Dagher, American Needle, And The Evolving Antitrust Theory Of The Firm: What Will Become Of Section 1?, Christopher L. Sagers

Law Faculty Articles and Essays

This summer, on the last regularly scheduled sitting of its October 2008 Term, the Supreme Court granted certiorari in a case that could have far-reaching consequences throughout the law of Sherman Act Section 1. In the case under review, American Needle, Inc. v. NFL, the Seventh Circuit, by unanimous panel decision, entered a striking ruling in the long-running debate over whether professional sports leagues can be “single entities” under Copperweld. The court not only said yes, but did so in what is possibly the most likely context in which the member teams could have competed with one another - the …

Measuring The Value Of Collegiality Among Law Professors, Michael L. Seigel, Kathi Miner-Rubino

UF Law Faculty Publications

This article is the last in a trilogy addressing the issue of collegiality among law In the first piece, titled On Collegiality, author Seigel defined professors' "collegiality" and suggested that most law schools have at least one, if not two or three, "affirmatively uncollegial" members of their faculty. Seigel posited that these individuals tend to interfere with the ideal functioning of their institutions by negatively affecting the well-being of their peers. Some readers of On Collegiality questioned the legitimacy of Seigel's cost-benefit analysis. Specifically, they commented that some of the factors Seigel used in his analysis could be empirically measured. …

Rhymes With Rich: Power, Law, And The Bitch, Yvonne A. Tamayo

St. Thomas Law Review

For over six centuries, bitch has been used as a term of contempt toward women. Originally, bitch referenced a sensual or promiscuous woman, and later evolved to include a woman considered angry, spiteful, or malicious. Today, the term includes a woman deemed aggressive, competitive, or domineering. Despite its definitional nuances, bitch remains an unequivocal expression of hostility used to denounce, harass, and insult women who, by acting outside of their prescribed gender roles, threaten the established paradigm of power as an inherently male characteristic. Part I of this article examines the animus behind the bitch epithets levied against women in …

Protecting Global Cities : New York, London, And The Internationalization Of Urban Counterterrorism, Brian H. Nussbaum

Legacy Theses & Dissertations (2009 - 2024)

This dissertation examines the impact of international terrorism on the policing (both the policing structures and policing strategies) of large globaized cities, with a focus on New York City and London. Combining historical analysis, secondary source material, and extensive interviews with police officials and officers, it seeks to examine the underlying structural constraints and resources that lead these cities to internationalize their counterterrorism efforts.

Fixing A Hole: Eliminating Ownership Uncertainties To Facilitate University-Generated Innovation, Anthony J. Luppino

Faculty Works

No abstract provided.

Ricky Angilau V. State Of Utah, Sheriff James M. Winter, And The Honorable Vernice Trease : Brief Of Amicus Curiae, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF AMICUS CURIAE, THE DIVISION OF JUVENILE JUSTICE SERVICES, A SUB-AGENCY OF THE DEPARTMENT OF HUMAN SERVICES APPEAL FROM AN ORDER OF THE THIRD JUDICIAL DISTRICT COURT FOR SALT LAKE COUNTY, STATE OF UTAH DISTRICT COURT CASE NUMBER 090903982

New Sources Of Managerial Authority In Large Law Firms, Elizabeth Chambliss

Faculty Publications

The academic literature on large law firms emphasizes the limited authority of professional managers and the ability of rainmaking partners to sidestep formal management controls. Research suggests that bureaucratic management structures, such as dedicated, professional managers, tend to be weak or unstable in law firms, where compensation and status are tied to control over clients. Thus, while many commentators point to the potential competitive benefits of professional management - or, what typically is referred to as the "corporate" model - most analysts are skeptical that U.S. law firms will embrace such a model any time soon.

This Article stakes out …

Organizational Culture, Professional Ethics And Guantanamo, Gregory S. Mcneal

Case Western Reserve Journal of International Law

No abstract provided.

Ins And Outs Of Modern Ports: Rethinking Container Security, Jennifer L. North

South Carolina Journal of International Law and Business

No abstract provided.

Private Norms And Public Spaces, Nicole Stelle Garnett

Journal Articles

This Essay explores the role of private norms in the allocation of urban public spaces as well as local governments' efforts to enforce these norms. The Essay was prepared for the 2008 Brigham-Kanner Property Rights Conference, William and Mary School of Law, as a tribute to Robert Ellickson. community policing, informal norms

Talking The Talk, Or Walking The Walk? Outcome-Based Regulation Of Transnational Investment, Jerry Ellig, Houman B. Shadab

Articles & Chapters

Today, individual U.S. retail investors have virtually limitless opportunities to invest their money, with a notable exception: they cannot directly invest in securities of foreign issuers and still be protected under U.S. law. This missing opportunity deprives U.S. investors of the ability to fully diversify their investments and also imposes undue costs and risks upon investors seeking to invest directly overseas. This Article shows that a Securities and Exchange Commission ("SEC") policy of "mutual recognition" of foreign regulatory regimes that achieve investor protection outcomes comparable to those of the SEC would solve this problem. A foreign issuer or other entity …

Liberal Mccarthyism And The Origins Of Critical Race Theory, Richard Delgado

Faculty Articles

The article discusses the emergence of liberal McCarthyism and the origins of critical race theory in the U.S. It reviews the conflicting stories from Harvard Law School in Massachusetts and the University of California in Berkeley and Los Angeles about critical race theory. The article examines the role of radical professors Kingman Brewster, James Conant, Clark Kerr and Albert Bowker in McCarthyism. The author relates how professors David Trubek, Richard Abel, Staughton Lynd and Anthony Platt lost their job due to liberal McCarthyism.

Combating Organized Crime With Union Democracy: A Case Study Of The Election Reform In United States V. International Brotherhood Of Teamsters, James B. Jacobs, Dimitri D. Portnoi

Loyola of Los Angeles Law Review

No abstract provided.

Conceptualizing Aggression, Noah Weisbord

Faculty Publications

The special working group tasked by the International Criminal Court’s Assembly of States Parties to define the supreme international crime, the crime of aggression, has produced a breakthrough draft definition.

This paper analyzes the key concepts that make up the emerging definition of the crime of aggression by developing and applying a future-oriented methodology that brings together scenario planning and grounded theory. It proposes modifications and interpretations of the constituent concepts of the crime of aggression intended to make the definition sociologically relevant today and in the foreseeable future.

A Careful Examination Of The Live Nation-Ticketmaster Merger, Barak D. Richman, Alan J. Meese

Faculty Scholarship

As great admirers of The Boss and as fans of live entertainment, we share in the popular dismay over rising ticket prices for live performances. But we have been asked as antitrust scholars to examine the proposed merger of Live Nation and Ticketmaster, and we do so with the objectivity and honesty called for by The Boss’s quotes above. The proposed merger has been the target of aggressive attacks from several industry commentators and popular figures, but the legal and policy question is whether the transaction is at odds with the nation’s antitrust laws.

One primary source of concern to …

Victims’ Rights In An Adversary System, Erin C. Blondel

Duke Law Journal

The victims' rights movement argues that because the outcome of criminal prosecutions affects crime victims, the justice system should consider their interests during proceedings. In 2004, Congress passed the Crime Victims' Rights Act (CVRA), giving victims some rights to participate in the federal criminal justice system. This Note probes both the theoretical assumptions and practical implications of the CVRA. It demonstrates that the victims' rights movement revisits a long-acknowledged tension between adversary adjudication and third-party interests. It shows, however, that American law has resolved this tension by conferring party or quasi-party status on third parties. Despite some pro-victims rhetoric, Congress …