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Articles 1741 - 1770 of 3915
Full-Text Articles in Entire DC Network
Justiciability And The Role Of Courts In Adequacy Litigation: Preserving The Constitutional Right To Education, Julia Simon-Kerr, Robynn K. Sturm
Justiciability And The Role Of Courts In Adequacy Litigation: Preserving The Constitutional Right To Education, Julia Simon-Kerr, Robynn K. Sturm
Articles
In the first study of opinions handed down in education adequacy litigation between January 2005 and January 2008, this Article shows a marked shift away from outcomes favorable to adequacy plaintiffs. Following two decades in which courts spurred significant reforms in our nation's neediest schools by interpreting the education clauses of their state constitutions to guarantee an "adequate" education for all students, the years 2005 to 2008 have seen a dramatic change in the judicial response to adequacy litigation. Through an analysis of the latest body of cases, we show that separation of powers concerns have begun to drive state …
State Action And Corporate Human Rights Liability, Curtis A. Bradley
State Action And Corporate Human Rights Liability, Curtis A. Bradley
Articles
This Essay considers the requirement of state action in suits brought against private corporations under the Alien Tort Statute(ATS). It argues that, in addressing this requirement, courts have erred in applying the state action jurisprudence developed under the domestic civil rights statute, 42 U.S.C. § 1983. It also argues that, even if it were appropriate to borrow in this manner from the § 1983 cases, such borrowing would not support the allowance of aiding and abetting liability against corporations, and that this liability is also problematic on a number of other grounds. The Essay assumes for the sake of argument …
Foreign Sovereign Immunity And Domestic Officer Suit, Curtis A. Bradley, Jack L. Goldsmith
Foreign Sovereign Immunity And Domestic Officer Suit, Curtis A. Bradley, Jack L. Goldsmith
Articles
We recently argued in these pages that international law treats official-capacity suits brought against a foreign state’s officers as suits against the state itself and thus as subject to the state’s immunity, even in suits alleging human rights abuses.1 This immunity regime under international law differs from the immunity regime that applies in the United States in suits brought against state and federal officials for violations of federal law. Despite the federal government’s sovereign immunity and the immunity of state governments under Eleventh Amendment jurisprudence, courts often allow suits against federal and state officers for their official actions. While …
Pre-Employment Screening And Investigation: Navigating Between A Rock And A Hard Place, Stephen F. Befort
Pre-Employment Screening And Investigation: Navigating Between A Rock And A Hard Place, Stephen F. Befort
Articles
No abstract provided.
The Role Of The Human Rights Committee In Interpreting And Developing Humanitarian Law, David Weissbrodt
The Role Of The Human Rights Committee In Interpreting And Developing Humanitarian Law, David Weissbrodt
Articles
No abstract provided.
The Social, Psychological, And Political Causes Of Racial Disparities In The American Criminal Justice System, Michael Tonry
The Social, Psychological, And Political Causes Of Racial Disparities In The American Criminal Justice System, Michael Tonry
Articles
No abstract provided.
The Approach Of The Committee On The Elimination Of Racial Discrimination To Interpreting And Applying International Humanitarian Law, David Weissbrodt
The Approach Of The Committee On The Elimination Of Racial Discrimination To Interpreting And Applying International Humanitarian Law, David Weissbrodt
Articles
The four Geneva Conventions 1 and the two Additional Protocols of 1977 2 generally lack authoritative mechanisms for interpretation. Interpretation and application of these treaties are principally left to the judgment of the states that are parties to the Geneva Conventions and Protocols 3 and, increasingly, to the International Criminal Court and international tribunals. 4 The International Committee of the Red Cross (ICRC) encourages states parties to comply with their obligations under humanitarian law, but it is not an adjudicative body 5 and rarely publishes its authoritative interpretations of the Geneva Conventions and Protocols. 6 Article 90 of Additional Protocol …
The Trademark Fair Use Reform Act, William Mcgeveran
The Trademark Fair Use Reform Act, William Mcgeveran
Articles
Sweeping assertions of exclusive trademark rights in brand names and images have a pernicious chilling effect on free expression, including fictional portrayals, commentary, political speech, parody, and comparative advertising. Some disputes lead to lawsuits. More often, speakers capitulate to litigation threats, even when the substance of the legal claims they face is very weak. As demonstrated in the author’s previous work, existing trademark “fair use” doctrines are not simple defenses that end suits quickly and cheaply, and many defendants cannot bear the resulting costs of protracted litigation.Observers have proposed a variety of improvements to trademark fair use, but this Article …
Initial Reflections On An Evolving Standard: Constraints On Risk Taking By Directors And Officers In Germany And The United States, Wulf A. Kaal, Richard W. Painter
Initial Reflections On An Evolving Standard: Constraints On Risk Taking By Directors And Officers In Germany And The United States, Wulf A. Kaal, Richard W. Painter
Articles
No abstract provided.
Phenomenological Views And Analysis Of Culinary Arts Student Attitudes To National And International Internships: The “Nature Of Being” Before, During, And After International Internship, Frank Cullen
Articles
This article presents the results of research conducted between 2006 and 2007 as part of a 4-year study on culinary internships. The article explores what can be described as the culinary life, developing a picture of working in a kitchen. It then compares and contrasts the work of key writers in the area of internship. Phenomenological views are provided and quantitative data analyzed from the 2006 and 2007 cohorts of students studying for a bachelor of arts in culinary arts to establish their attitudes toward international internships. The research found that gaps existed between the attitudes of the 2006 and …
Impersonal Jurisdiction, Allan Erbsen
Impersonal Jurisdiction, Allan Erbsen
Articles
Constitutional law governing personal jurisdiction in state courts inspires fascination and consternation. Courts and commentators recognize the issue’s importance, but cannot agree on the purpose that limits on personal jurisdiction serve, which clauses in the Constitution (if any) supply those limits, and whether current doctrine implementing those limits is coherent. This Article seeks to reorient the discussion by developing a framework for thinking about why and how the Constitution regulates personal jurisdiction. It concludes that principles animating the emerging field of horizontal federalism - the constitutional relationship between states - should guide jurisdictional rules and instigate sweeping reevaluation of modern …
Optimal Fines For False Patent Marking, Thomas F. Cotter
Optimal Fines For False Patent Marking, Thomas F. Cotter
Articles
Since January 1, 2010, plaintiffs have filed over three hundred lawsuits under 35 U.S.C. § 292, the false patent marking statute. Fueled in large part by recent Federal Circuit case law embracing an expansive interpretation of the statute, this uptick has alarmed some observers, who fear that patent owners whose products bear the numbers of expired or inapplicable patents could be liable for, literally, billions of dollars in fines. While Congress and the courts consider various responses, one issue that has failed to attract much notice thus far is the question of how to calculate appropriate fines for marking violations. …
Climate Change, Carbon Sequestration, And Property Rights, Alexandra B. Klass, Elizabeth J. Wilson
Climate Change, Carbon Sequestration, And Property Rights, Alexandra B. Klass, Elizabeth J. Wilson
Articles
This Article considers the role of property rights in efforts to sequester underground hundreds of millions of tons of carbon dioxide (CO2) per year from power plants and other industrial facilities in order to mitigate climate change. This technology, known as carbon capture and sequestration (CCS), could provide deep emission cuts, particularly from coal power generation, on a worldwide basis. In order to implement this technology, future CCS operators must be able to access hundreds of millions of acres of "pore space" roughly a kilometer below the earth's surface in which to store CO2 for hundreds to thousands of years. …
The Invisible Hand Of Preacquired Account Marketing, Prentiss Cox
The Invisible Hand Of Preacquired Account Marketing, Prentiss Cox
Articles
Preacquired account marketing is a sales practice that allows companies to charge consumers for services they do not know they ordered and do not use. The practice depends on a seller's ability to access a consumer's financial account without the consumer directly providing her account number and other access information to that seller. This flips the power dynamic in the solicitation process by shifting the burden to the consumer to stop the seller from accessing her account, rather than requiring the seller to ask the consumer for her account information before her account can be charged. This is possible because …
A Structural Vision Of Habeas Corpus, Eve Brensike Primus
A Structural Vision Of Habeas Corpus, Eve Brensike Primus
Articles
As scholars have recognized elsewhere in public law, there is no hermetic separation between individual rights and structural or systemic processes of governance. To be sure, it is often helpful to focus on a question as primarily implicating one or the other of those categories. But a full appreciation of a structural rule includes an understanding of its relationship to individuals, and individual rights can both derive from and help shape larger systemic practices. The separation of powers principle, for example, is clearly a matter of structure, but much of its virtue rests on its promise to help protect the …
Constitutional Theology: The Revival Of Whig History In American Public Law, William J. Novak
Constitutional Theology: The Revival Of Whig History In American Public Law, William J. Novak
Articles
One of the things I admire about the profession of history is that there are no admissions requirements. Like being a novelist or a member of Congress, the door is open to almost anyone who wants to try their hand at the art or craft. In a world of an increasingly specialized division of professional labor, that is a relatively rare and special thing. Though I teach in a law school, for example, I would be in trouble if I tried to pass myself off as a lawyer. Though I could perhaps irritatingly refer to myself as a doctor owing …
Gendered Imprisonment In Japan: An Examination Of Imprisonment For Stimulant Drug Offenses, Christopher W. Mullins, Garrett Grothoff
Gendered Imprisonment In Japan: An Examination Of Imprisonment For Stimulant Drug Offenses, Christopher W. Mullins, Garrett Grothoff
Articles
Japan is well known as a society that has not only low crime rates but also for using incarceration sparingly, sending few convicted offenders to prison. Yet, certain crimes, such as drug offenses, receive little leniency in the Japanese criminal justice system. Johnson (1996b) found empirical support for both a chivalry and evil woman effect in the system’s treatment of female drug offenders. This paper reexamines and extends the core issues in Johnson’s (1996b) exploration of women’s imprisonment in Japan. It traces the patterns in female incarceration where data is available from the post-war period until 2004. It specifically examines …
The Truth About Haiti, Irwin P. Stotzky
Learning Disabled Student Needs Met Through Curriculum Redesign Of The Illinois Agricultural Education Core Curriculum, Seburn L. Pense, Dennis G. Watson, Dexter B. Wakefield
Learning Disabled Student Needs Met Through Curriculum Redesign Of The Illinois Agricultural Education Core Curriculum, Seburn L. Pense, Dennis G. Watson, Dexter B. Wakefield
Articles
This quasi–experimental pilot study included agricultural education students with Specific Learning Disabilities (SLD) in five high schools in the federally designated economically distressed area called the Illinois Delta Region. A unit of instruction taken from the existing 165 units of The Illinois Core Curriculum for Agriculture was redesigned in a manner appropriate to SLD students. Students from the five selected programs were randomly assigned to treatment and control groups. Results from pre– and posttests in this study found the redesigned curriculum for SLD students effectively increased learning for both SLD and traditional students.
Launch Of An International Transactions Clinic: Doing Good While Doing Deals, Deborah Burand
Launch Of An International Transactions Clinic: Doing Good While Doing Deals, Deborah Burand
Articles
September 2008 marked the launch of the International Transactions Clinic (ITC) at the University of Michigan Law School, the first legal clinic of its kind to combine an international and transactional focus. As Law School Dean Evan Caminker said upon the launch of the ITC, “[t]his is an exciting opportunity to involve a new generation of bright legal minds in cross-border transactions that will train our students for a lifetime of international business dealings, and that can also make an enormous difference in the lives of people in the developing world.”
The Filaments Of The Vicarious, Jospeh Vining
The Filaments Of The Vicarious, Jospeh Vining
Articles
Forty years is the unit of work in focus here. You have or will have units of forty years of your own, a unit of work like this. I hope what you are doing for me is also for you and your work and your encourage-ment about the decades behind you or to come. I can best respond to your generosity with a look back at the course of this effort of mine and its internal and external connections over time, to illustrate and help us keep in mind the way we mutually influence each other in our thought and …
The Invention Of Common Law Play Right, Jessica D. Litman
The Invention Of Common Law Play Right, Jessica D. Litman
Articles
This Article explores playwrights' common law "play right." Since this conference celebrates the 300th birthday of the Statute of Anne, I begin in England in the 17th Century. I find no trace of a common law playwright's performance right in either the law or the customary practices surrounding 17th and 18th century English theatre. I argue that the nature and degree of royal supervision of theatre companies and performance during the period presented no occasion (and, indeed, left no opportunity) for such a right to arise. I discuss the impetus for Parliament's enactment of a performance right statute in 1833, …
State Bystander Responsibility, Monica Hakimi
State Bystander Responsibility, Monica Hakimi
Articles
International human rights law requires states to protect people from abuses committed by third parties. Decision-makers widely agree that states have such obligations, but no framework exists for identifying when states have them or what they require. The practice is to varying degrees splintered, inconsistent, and conceptually confused. This article presents a generalized framework to fill that void. The article argues that whether a state must protect someone from third-party harm depends on the state's relationship with the third party and on the kind of harm caused. A duty-holding state must take reasonable measures to restrain the abuser. That framework …
Apportioning Liability Behind A Veil Of Uncertainty, J. Shahar Dillbary
Apportioning Liability Behind A Veil Of Uncertainty, J. Shahar Dillbary
Articles
This article challenges the reason that led most states to abandon the "no contribution" rule Under the rule if a victim obtains a judgment against two tortfeasors but chooses even arbitrarily or out of spite to recover only from one the "chosen one" must pay the entire judgment while the other is exempt although both are liable This is the case even if the paying tortfeasor is only 1 at fault while the nonpaying tortfeasor is 99 at fault The rule has been lamented by tort reform crusaders as immoral and unfair One tortfeasor the argument goes should not bear …
Race, Sex, And The Division Of Labor: A Comment On Joan Williams's Reshaping The Work-Family Debate Crowdsourcing The Work-Family Debate: A Colloquy, Richard Delgado
Race, Sex, And The Division Of Labor: A Comment On Joan Williams's Reshaping The Work-Family Debate Crowdsourcing The Work-Family Debate: A Colloquy, Richard Delgado
Articles
No abstract provided.
Fixing Ram Copies, Aaron Perzanowski
Fixing Ram Copies, Aaron Perzanowski
Articles
Scholars, litigants, and courts have debated the status of so-called “RAM copies” - instantiations of copyrighted works in the random access memory of computing devices - for decades. The Second Circuit’s decision in Cartoon Network v. CSC Holdings has recently reignited the controversy over these putative copies. There the court held that CSC did not create copies within the meaning of the Copyright Act when it buffered fleeting segments of television programs. In many respects, the Second Circuit’s holding is a straightforward application of the Act’s nested definitions of “copies” and “fixed.” But because the court declined to apply the …
Citizens United And The Corporate Form, Reuven S. Avi-Yonah
Citizens United And The Corporate Form, Reuven S. Avi-Yonah
Articles
In Citizens United vs. FEC, the Supreme Court struck down a Federal statute banning direct corporate expenditures on political campaigns. The decision has been widely criticized and praised as a matter of First Amendment law. But it is also interesting as another step in the evolution of our legal views of the corporation. This Article argues that by viewing Citizens Unitedthrough the prism of theories about the corporate form, it is possible to see that the majority and the dissent departed from previous Supreme Court jurisprudence on the First Amendment rights of corporations. It is also possible to then predict …
Mulieris Dignitatem And The Exclusivity Of Marriage Under Law, Howard Bromberg
Mulieris Dignitatem And The Exclusivity Of Marriage Under Law, Howard Bromberg
Articles
Jesus Christ established monogamy, the marriage of one man to one woman, as the canonical norm of his church and the juridical norm for all nations. This was a unique event in the history of the cultures and religions of the world. The Catholic Church has always defended its canonical norm of monogamy, often with great opposition. Through its influence, monogamy has been established as law in the Western world and in almost all cultures influenced by Western law and norms. The emerging jurisprudence of the United States, however, rejects any religious derivation as the basis of our laws. With …
The Creation Of Authority In A Sermon By St. Augustine, James Boyd White
The Creation Of Authority In A Sermon By St. Augustine, James Boyd White
Articles
My way of honoring Joe today will not be to describe or extol his achievements directly but to try to show something of what I have learned from him, particularly in the way I approach a new text and problem, in this case the creation of authority in one of Augustine's sermons.
Implementing The Standby Letter For Credit Convention With The Law Of Wyoming, James J. White
Implementing The Standby Letter For Credit Convention With The Law Of Wyoming, James J. White
Articles
For the first time in American practice, we propose to implement a convention by a federal adoption of law previously enacted by the states – from Wyoming to New York – to implement the Convention on Independent Guarantees and Standby Letters of Credit (“Convention”).1