Digital Commons Network^™

Transparency And Financial Regulation In The European Union: Crisis And Complexity, Caroline Bradley

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No abstract provided.

Proof Of Classwide Injury, Sergio J. Campos

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No abstract provided.

The Connection Between Permanency And Education In Child Welfare Policy, Kele Stewart

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No abstract provided.

The Roles Of Phonological Short-Term Memory And Working Memory In L2 Grammar And Vocabulary Learning, Katherine I. Martin, Nick C. Ellis

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This study analyzed phonological short-term memory (PSTM) and working memory (WM) and their relationship with vocabulary and grammar learning in an artificial foreign language. Nonword repetition, nonword recognition, and listening span were used as memory measures. Participants learned the singular forms of vocabulary for an artificial foreign language before being exposed to plural forms in sentence contexts. Participants were tested on their ability to induce the grammatical forms and to generalize the forms to novel utterances. Individual differences in final abilities in vocabulary and grammar correlated between 0.44 and 0.76, depending on the measure. Despite these strong associations, the results …

Disabling Racial Repetition, Zanita E. Fenton

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No abstract provided.

Were Standard Oil's Railroad Rebates And Drawbacks Cost Justified?, Daniel A. Crane

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In this essay, written for a symposium on the centennial anniversary of the Supreme Court's Standard Oil decision, I reexamine the costjustification question. In the first part, I explain why the cost-justification question is central to the entire case and its acquired and evolving historical meaning. In the second part, I review the evidence of claimed efficiencies passed on to the railroads. I conclude that there is evidence that Standard Oil passed along significant cost savings to the railroads and that these savings could have justified a portion of the rebates and drawbacks. However, I conclude that there is little …

What Does Tort Law Do? What Can It Do?, Scott Hershovitz

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It’s not hard to describe what tort law does. As a first approximation, we might say that tort empowers those who suffer certain sorts of injuries or invasions to seek remedies from those who brought about those injuries or invasions. The challenge is to explain why tort does that, or to explain what tort is trying to do when it does that. After all, it is not obvious that we should have an institution specially concerned with the injuries and invasions that count as torts.

Eric Stein (1913-2011), Daniel Halberstam, Steven Ratner, Mathias Reimann

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On July 28,2011, Eric Stein, pillar of international law, pioneer of the legal study of European integration, and master of comparative law, passed away in Ann Arbor, Michigan. He was ninety-eight years old. He joined this Journal's Board of Editors in 1963, serving as a regular member until 1978, and thereafter as an honorary editor. Stein was the last of that great generation of European-educated jurists who fled Nazism and became leading figures in comparative and international law in the United States.

The Challenges Faced By Portuguese-Speaking Universities In Africa, Stephen Thompson, Jorge Ferrao

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A common challenge faced by members of the Association of Portuguese Language Universities (AULP) and by other higher education institutions around the world is providing access to up-to-date and relevant academic literature. In an age where more research is being published than ever before, institutions need to move with the times and recognise that we should change our approach to tertiary education. This report considers how a university based in a Portuguese speaking country can use e-learning to overcome some of the barriers presented by language in higher education.

Henry Friendly: The Judge, The Man, The Book, Mary I. Coombs

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No abstract provided.

All Fact Is Beautiful Theory: The Romantic Philip Selznick, Robert Eli Rosen

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Properly understood, Philip Selznick is a chastened romantic of the Left and is mischaracterized as a man of the Right. To Marx, Selznick added insights derived form Freud and Dewey. He was committed to the moral primacy of facts and the conditions under which they realized values. Selznick’s organicism is discussed and critiqued.

Going Rogue: Stop The Beach Renourishment As An Object Of Morbid Fascination, Mary Doyle, Stephen J. Schnably

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Scholarly response to the Supreme Court's decision in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection has focused on the plurality's strong advocacy of a judicial takings doctrine. We take a different tack. While the concept of judicial takings is worthy of serious attention, it is wrong to treat the plurality opinion as an ordinary object of analysis. It is, instead, the emanation of a Court going rogue.

Three basic symptoms of the pathology stand out. First, sleight of hand. The plurality opinion purports to be about an institutional issue-can a state court commit a taking? - …

Working Paper: Concentration Of Secondary Schooling For Irish And Uk Elite Politicians, Brendan O'Rourke, John Hogan, Paul Donnelly

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The study of elites and their formation has returned to centre stage in recent years. The lessons from these studies can be made more universal if a measure of elite formation could be developed that is comparable. The multifaceted nature of the concept of elite formation makes this complex. However, in this paper, by building upon measures used in other fields, such as industrial economics, we offer such a measure that facilitates comparison of elite formation. We illustrate this measure through a comparison of the schooling of Irish and British political elites.

What Is "Good Legal Writing" And Why Does It Matter?, Mark Osbeck

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Law schools face increasing pressure to improve instruction in practice-oriented skills. One of the most important of these skills is legal writing. The existing literature on legal writing contains various rules and suggestions as to how legal writers can improve their writing skills. Yet it lacks an adequate theoretical account of the fundamental nature of good legal writing. As a result, legal writers are left without a solid conceptual framework to ground the individual rules and suggestions. This Article attempts to fill the theoretical void in the literature by offering a systematic analysis of what it is for a legal …

Centennial Reflections On The California Law Review's Scholarship On Race: The Structure Of Civil Rights Thought Centennial Tribute Issue, Richard Delgado

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No abstract provided.

School Districts And Families Under The Idea: Collaborative In Theory, Adversarial In Fact, Debra Chopp

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To read the Individuals with Disabilities Education Act (IDEA) is to be impressed with the ambition and promise of special education. The statute guarantees disabled students a "free appropriate public education" (FAPE) in the "least restrictive environment." At the core of this guarantee lies an entitlement for the parents of a disabled child to collaborate with teachers and school administrators to craft an educational program that is both tailored to the child's unique needs and designed to help her make progress in her education. This entitlement, and the IDEA generally, represents an enormous advance for children with disabilities--a community that, …

Enforcement Without Foundation? Insider Trading And China's Administrative Law Crisis, Nicholas C. Howson

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China's securities regulator enforces insider trading prohibitions pursuant to non-legal and non-regulatory internal "guidance." Reported agency decisions indicate that enforcement against insider trading is often possible only pursuant to this guidance, as the behavior identified is far outside of the scope of insider trading liability provided for in statute or regulation. I argue that the agency guidance is itself unlawful and unenforceable, because: (i) the guidance is not the regulatory norm required by the statutory delegation of power; and (ii) the guidance is ultra vires because (a) it addresses something substantively different from what is authorized under the statutory delegation, …

Learning From The Unique And Common Challenges: Clinical Legal Education In Jordan, Nisreen Mahasneh, Kimberly A. Thomas

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Legal education worldwide is undergoing scrutiny for its failure to graduate students who have the problem-solving abilities, skills, and professional values necessary for the legal profession.1 Additionally, law schools at universities in the Middle East have found themselves in an unsettled environment, where greater demands for practical education are exacerbated by several factors such as high levels of youth unemployment. More specifically, in Jordan there is a pressing need for universities to respond to this criticism and to accommodate new or different methods of legal education. Clinical legal education is one such method.3 We use the term "clinical legal education" …

What's In The Third And Final Volume Of The New Restatement Of Property That Estate Planners Should Know About, Lawrence W. Waggoner

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Professor John Langbein and I have just concluded a twenty-year project for the American Law Institute to restate the law of donative transfers. The official title of our three-volume Restatement is the Restatement (Third) of Property: Wills and Other Donative Transfers.1 We refer to it herein simply as the Property Restatement. The third and final volume of the work was published in the last days of 2011. Professor Langbein spoke about certain of the initiatives in the two earlier volumes, which set forth the principles governing the law of wills, intestacy, interpretation of instruments, and the nonprobate system. The concluding …

When Federal And State Systems Converge: Foreign National Human Trafficking Victims Within Juvenile And Family Courts, Bridgette A. Carr

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This article highlights the concerns facing foreign national children who are both victims of human trafficking and under the jurisdiction of juvenile and family courts. Human trafficking is modern day slavery in which individuals, including children, are compelled into service and exploited. Foreign national human trafficking victims in juvenile and family court systems must navigate both the state system and a complex federal immigration system. This article explains the federal benefits available to these children and identifies the best practice approaches for juvenile and family court systems to increase identification of and support for foreign national child trafficking victims.jfcj_1073

The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine

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Dispute resolution may be viewed from the perspective of economics or negotiation or contract law or game theory or even military strategy. In this Article, I should like to consider employment dispute resolution in particular from the perspective of morality. I do not necessarily mean "morality" in any religious sense. By "morality" here I mean a concern about the inherent dignity and worth of every human being and the way each one should be treated by society. Some persons who best exemplify that attitude would style themselves secular humanists. Nonetheless, over the centuries religions across the globe have played a …

Symposium: Examining Shaken Baby Syndrome Convictions In Light Of New Medical And Scientific Research, David A. Moran

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I've been asked to react to Professor Findley's talk, and I just wanted to try to put this in a concrete format that we can understand. In the summer of 2001, when my oldest daughter was about six months old, I put her in a backpack (the kind that you strap to your back) to go for a hike. In trying to get her out of that backpack after the walk, I dropped her, and she landed on her head, and she very briefly lost consciousness. So I rushed her to the University of Michigan Medical Center in Ann Arbor, …

The Question Of Courage, William I. Miller

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Courage is first among virtues in heroic epic and in cultures of honor. Men cared to be known for their courage. It not only took courage to fight well, but the issue often being fought over was who had more of it. Courage was competitive. Men were ranked according to the degree of courage they possessed. Arguments arose as to what counted as truly courageous, what the perfect form of the virtue was, and what were lesser though still worthy semblances of it. Not only philosophers theorized about courage: warriors, politicians and spectators did so as well. The stakes were …

What A Load Of Hope: The Post-Racial Mixtape, Jeremiah Chin

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This Comment analyzes how Supreme Court decisions and recent legislation have used the language of post-racialism to re-center whiteness through the law. Rather than using explicit racist language, the post-racial project exploits the language of historical antiracist efforts to negate experiences with discrimination while continuing a hostile environment for racial groups and promoting white supremacy in the United States.

Beginning with Supreme Court decisions on affirmative action, in Regents of the University of California v. Bakke and Grutter v. Bollinger, and school desegregation in Parents Involved in Community Schools v. Seattle School District No. 1, this Comment analyzes …

Rolling Back The Tide: Challenging The Criminalization Of Immigrants In Washington State, Angélica Cházaro

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No abstract provided.

Teaching Health Law In Rural Ethiopia: Using A Pepfar Partnership Framework And India's Shanbaug Decision To Shape A Course, Sallie Thieme Sanford [email protected]

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In April 2011, I taught a month-long intensive health law course at Haramaya University College of Law in rural eastern Ethiopia. Given the burgeoning interest in global health law, I suspect, and hope, that others are considering teaching similar courses, whether as visiting or resident faculty. This essay attempts to ease their course preparation workload. I will describe how I used two recent documents – India’s 2011 Shanbaug decision and Ethiopia’s 2010 PEPFAR Partnership Framework – to shape the course. Both of these are worth consideration for use in a variety of health law and policy courses based in low-income …

Apologies As Intellectual Property Remedies: Lessons From China, Xuan-Thao Nguyen

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It is a frequent refrain that “the world is shrinking.” In this same vein, the global influence of China is clearly rising. Chinese businesses are becoming more prominent in the global market, and as such, the influence and effect of Chinese law is likewise gaining in import. Chinese intellectual property law is no different.

One notable aspect of Chinese intellectual property law is the availability of apology as a remedy. Despite a culture that places a high value on apology, and considerable legal scholarship and precedent regarding apology as remedy, many in the United States scoff at the notion of …

Constraining Certiorari Using Administrative Law Principles, Kathryn A. Watts

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The U.S. Supreme Court—thanks to various statutes passed by Congress beginning in 1891 and culminating in 1988—currently enjoys nearly unfettered discretion to set its docket using the writ of certiorari. Over the past few decades, concerns have mounted that the Court has been taking the wrong mix of cases, hearing too few cases, and relying too heavily on law clerks in the certiorari process.

Scholars, in turn, have proposed fairly sweeping reforms, such as the creation of a certiorari division to handle certiorari petitions. This Article argues that before the Court’s discretion to set its own agenda is taken away, …

Rebellious State Crimmigration Enforcement And The Foreign Affairs Power, Mary Fan

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The propriety of a new breed of state laws interfering in immigration enforcement is pending before the Supreme Court and the lower courts. These laws typically incorporate federal standards related to the criminalization of immigration ("crimmigration'), but diverge aggressively from federal enforcement policy. Enacting states argue that the legislation is merely a species of "cooperative federalism" that does not trespass upon the federal power over foreign affairs, foreign commerce, and nationality rules since the laws mirror federal standards. This Article challenges the formalist mirror theory assumptions behind the new laws and argues that inconsistent state crimmigration enforcement policy and resulting …

A Call For Standards: An Overview Of The Current Status And Need For Guardian Standards Of Conduct And Codes Of Ethics, Karen E. Boxx, Terry W. Hammond

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The role of trust in guardianships is rarely discussed, perhaps because of the assumption that court supervision of guardians reduces their power to act in any way other than trustworthy. However, as the number of persons needing guardianship protection increases while the resources available to courts to finance supervision decreases, the role of guardian is starting to become a more conventional fiduciary relationship complete with a hallmark downside-lack of supervision. Because of this trend, the concept of delineated standards for performance of a guardian's duties has taken on critical importance.

The 2001 Wingspan Conference, the second national conference on guardianship …