Digital Commons Network^™

Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield

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No abstract provided.

Political Violence And Gender In Times Of Transition, Fionnuala Ní Aoláin

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At the heart of transitional justice discourse is an ongoing conversation about accountability for human rights violations that occur in a context of regime repression or violent conflict. That accountability dialogue has generally been preoccupied with attempts to define the forms of political violence that should be addressed by various formal and informal mechanisms, such as trials and other truth-seeking processes. This Article will examine the multiple ways in which transitional justice processes have conceptualized political violence, and how that maps onto a gendered understanding of violence experiences and accountability mechanisms in a transitional context.

Modern Public Trust Principles: Recognizing Rights And Integrating Standards, Alexandra B. Klass

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The public trust doctrine has a long history from its beginnings as an obligation on states to hold lands submerged under navigable waters in trust for the public, to its resurgence in the 1970s as a protector of natural resources, to its influence on state statutory and constitutional law as the public embraced environmental protection principles. However, many have argued that the public trust doctrine has not lived up to its potential as a major player in environmental and natural resources law. This article proposes a new framework for the public trust doctrine as a state tool for environmental protection …

The Supreme Constitutional Court Of Egypt On Islamic Law, Veiling And Civil Rights: An Annotated Translation Of Supreme Constitutional Court Of Egypt Case No. 8 Of Judicial Year 17, Clark B. Lombardi, Nathan J. Brown

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The jurisprudence of the Supreme Constitutional Court of Egypt is creative and influential in the Arab world. Among its opinions, Case No. 8 of Judicial Year 17, decided on May 18, 1996, is particularly interesting. In this opinion, the SCC argues that a regulation on face-veiling in public schools is consistent not only with Islamic law, but with the Egyptian Constitution's guarantees of freedom of religion and freedom of expression. Not only does it illustrate the SCC's approach to Islamic legal reasoning, but it gives insight into the Court's views with respect to civil and political rights. The case also …

Odious Debt Or Odious Payments - Using Anti-Corruption Measures To Prevent Odious Debt, Anita Ramasastry

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This article focuses on ways to stem the tide of odious payments and to stop such payments, when made, from moving offshore into foreign bank accounts. To the extent that such payments leave a country, fewer funds are available to repay sovereign debts in the event of a regime change, or to feed and shelter the population. This article focuses on emerging anti-corruption mechanisms as a means of dealing with odious payments and odious debt. It also focuses on the role of financial institutions (banks) as gatekeepers. Part I of this article focuses on the way in which banks are …

How Did We Get Here Anyway?: Considering The Standing Question In Daimlerchrysler V. Cuno, Kristin Hickman

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n granting certiorari in the case of DaimlerChrysler Corp. v. Cuno, the Supreme Court asked the parties to brief whether respondents have standing to challenge Ohio's investment tax credit. Looking at the posture of the case, this essay argues that the Supreme Court is likely sending a signal that it hopes to overturn the Sixth Circuit decision on standing grounds and avoid the more difficult question of whether the tax credit is unconstitutional based on the dormant Commerce Clause. This essay applies modern standing doctrine to the Cuno case and concludes that the Cuno plaintiffs do not have standing to …

Domestic Violence Matters: The Case For Appointed Counsel In Protective Order Proceedings, Beverly Balos

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A conventional reading of United States Supreme Court rulings on the right to counsel in civil cases would conclude that petitioners in protective order proceedings would have no right to appointed counsel. This article challenges this view and shows how Supreme Court jurisprudence, in fact, supports the conclusion that due process requires victims of domestic violence to have the benefit of appointed counsel.

Unanimously Wrong, Dale Carpenter

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The Supreme Court was unanimously wrong in Rumsfeld v. FAIR. Though rare, it's not the first time the Court has been unanimously wrong. Its most notorious such decisions have come, like FAIR, in cases where the Court conspicuously failed even to appreciate the importance of the constitutional freedoms under attack from legislative majorities. In these cases, the Court's very rhetoric exposed its myopic vision in ways that now seem embarrassing. Does FAIR, so obviously correct to so many people right now, await the same ignominy decades away? FAIR was wrong in tone, a dismissive vox populi, adopted by a Court …

A Cognitive Theory Of Trust, Claire Hill, Erin O'Hara O'Connor

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Interpersonal trust is currently receiving widespread attention in the academy. Many legal scholars incorrectly assume that interpersonal trust is an unmitigated good (or bad) and that legal policy should therefore be crafted to maximize (or minimize) trust. A more nuanced understanding of trust indicates instead that it should be promoted or discouraged, depending on the context. Such an understanding needs to reflect the fact that trust and distrust can, and often do, coexist. In most relationships, the parties trust one another with regard to some matters and yet distrust one another with regard to other matters. More specifically, developing a …

Forty Years Of Codification Of Estates And Trusts Law: Lessons For The Next Generation, Mary Louise Fellows, Gregory S. Alexander

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In this paper we develop two theses. First, we argue that uniform law proposals that ask courts and practitioners to abandon revered legal traditions and ways of thinking about estates and trusts, even when they are intent-furthering proposals, face resistance until in time the glories of the past and the risks of a new legal regime fade in importance in legal thought. Second, we argue that, especially within an environment in which states seek to gain competitive advantage over their counterparts in other states, the glories of the past and the risks of a new legal regime fade fastest when …

Junking The Junk Science Law: Reforming The Information Quality Act, Stephen M. Johnson

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In addition, the law contributes to the ossification of rulemaking agencies; encourages agencies to make decisions informally through guidance documents and policies rather than rules; and encourages agencies to avoid using electronic dialogues and disseminating information to the public. This Article examines the problems created by the IQA suggests repeal of the law or some reforms to address those problems.

Part II of this Article examines the shift in environmental policymaking from command and control regulation to information disclosure programs and economic based programs. It also examines the strengths limitations of information disclosure programs. Part III reviews the and the …

A Chloride Selective Calix[4]Arene Optical Sensor Combining Urea Functionality With Pyrene Excimer Transduction, Benjamin Schazmann, Dermot Diamond

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A neutral 2-site chloride selective compound has been developed (3), based on a 1,3- alternate tetrasubstituted calix[4]arene providing a preorganised supramolecular scaffold. The resultant supramolecular cavity is amongst the first to combine urea functional groups bridged with single methylene spacers to pyrene moieties. It combines a naturally and synthetically proven H-bonding system with the elegant ratiometric fluorescent signalling properties of an intramolecular pyrene excimer system, triggered by conformational changes upon anion coordination. The excimer emission of 3 is quenched, with a simultaneous rise in the monomer emission solely by the chloride anion amongst a wide variety of anions tested. 3 …

Fta And The City: Imagineering Sustainable Urban Development, John Ratcliffe, Elzbieta Krawczyk, Ruth Kelly

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This paper argues that urban planners and policy-makers lack an effective future-oriented approach enabling them to comprehend current complexity, anticipate impending change and shape a preferred future condition. In doing so it: - reviews the performance of contemporary city planning; - examines the need to chart and navigate the city technosphere by reference to city capital; - explores ways in which planning can benefit from a futures studies approach; - describes generally how futures-oriented thinking can produce effective city prospective; and, - poses specifically a number of questions regarding the concept of the intelligent city’. The paper concludes by calling …

Development Of A Calix[4]Arene Sensor For Soft Metals Based On Nitrile Functionality, Benjamin Schazmann, Dermot Diamond

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The current work is amongst the first to examine the potential usefulness of the nitrile functional group in potentiometric analytical sensors for soft metals. Nitrile functionality has hereby been incorporated into a calix[4]arene skeleton to give a series of new cation selective hosts. The analytical sensing behaviour of these hosts was examined by Ion Selective Electrode (ISE) based potentiometry. In all cases a preference for soft metals was observed, explained primarily in terms of soft–soft compatibility between calix[4]arene nitrile hosts and metal guests in combination with a classical ‘lock and key’ best fit mechanism. Hosts 2, 3 and 4 showed …

Constructing International Law In The East Indian Seas: Property, Sovereignty, Commerce And War In Hugo Grotius' De Iure Praedae - The Law Of Prize And Booty, Or On How To Distinguish Merchants From Pirates, Ileana Porras

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No abstract provided.

The Locus Of Corporate Scienter, Patricia S. Abril, Ann M. Olazabal

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No abstract provided.

The Application Of The Talc Model: A Literature Survey, Rick Lagiewski

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This chapter categorizes and documents a selection of major works relevant to Butler's 1980 article on the TALC. The goal is to present a simple, yet informative chapter that helps scholars find and select appropriate works and commentary pertaining to the TALC model. It is important to note that this chapter is not meant to be a literature 'review' of the original 1980 article, but rather a literature 'survey' that documents the works of others who have solidified this work as an academic classic in the field of tourism. This chapter does not take into consideration the new contributions to …

Boilerplate And Economic Power In Auto Manufacturing Contracts, Omri Ben-Shahar, James J. White

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This Article is structured as follows. Part I compares the terms and conditions in the purchase orders of the Original Equipment Manufacturers (OEMs) and highlights important differences in the substance of these boilerplate provisions. It argues that these differences cannot be easily reconciled with the prediction that sophisticated parties draft the most efficient boilerplate terms. Part II examines how these forms are drafted, how their terms are negotiated, and how the OEMs guard their terms from erosion. It provides some insight on how tailoring occurs and how the internal organization of a party to a deal affects the terms that …

Addressing Putative Fathers In Child Protection Proceedings: Is 'John Doe' Still Alive?, Frank E. Vandervort, W. Lansat

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In practice, it seems, KH is not widely understood. Child protection petitions for temporary custody continue to name multiple men as the "father" of a child when there is a legal father. Some courts insist on terminating the parental rights of "John Doe" when no man has established paternity. After KH, are such actions necessary? Are they permissible?

Land Feuds And Their Solutions: Finding International Law Beyond The Tribunal Chamber, Steven R. Ratner

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The resolution of conflicting claims to land has long stood at the heart of the project of international law. Indeed, the encounter between the order envisaged by advocates of the law of nations and what Georges Scelle called the" obsession with territory" has been a defining struggle for our field, demonstrating to some its promise and to others its futility. Much, perhaps even most, legal scholarship on this subject over the last century has focused on adjudication by ad hoc tribunals or standing courts, in which jurists have derived and invoked hallowed principles that enabled them to draw lines-across mountains, …

A Tribute To Lewis H. Larue, James Boyd White

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Lash has been a good friend for many years, and it is a pleasure to have this opportunity to reflect about him. I well remember our first meeting, in the late 1970s. He had been to a meeting in Wisconsin-the first meeting of the Critical Legal Studies Conference, as I remember-and stopped to spend the night in Chicago on the way home. We had corresponded a couple of times, but never met, and what a pleasure it was to meet him: full of intelligence, openness, and laughter, with a moral center and a deep sense of human limitation. We talked …

Peoples' Tribunals: Legitimate Or Rough Justice, Christine M. Chinkin

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The article examines the use of Peoples' Tribunals in seeking access to justice where none has been possible through more formal methods. It uses as illustration the Women's International War Crimes Tribunal that sought justice for the so-called comfort women, the primarily Asian women who were subjected to sexual slavery by the Japanese military before and during World War Two. The article briefly recounts the fate of the comfort women and then considers the legal and practical obstacles they faced in accessing justice at the end of the War. It outlines how towards the end of the 20th century the …

Teaching Adr In The Labor Field In China, Theodore J. St. Antoine

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My first visit to China, in 1994, was purely as a tourist, and came about almost by accident. In late September of that year I attended the XIV World Congress of the International Society for Labor Law and Social Security in Seoul, South Korea. In the second week of October I was scheduled to begin teaching a one-term course in American law as a visiting professor at Cambridge University in England. Despite my hazy notions of geography, I realized it made no sense to return to the United States for the intervening week. The obvious solution was to continue flying …

We Really (For The Most Part) Mean It!, Richard D. Friedman

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I closed my petition for certiorari in Hammon v. Indiana by declaring, “ ‘We really mean it!’ is the message that lower courts need to hear, and that decision of this case can send.” The prior year, Crawford v. Washington had transformed the law of the Confrontation Clause, holding that an out-ofcourt statement that is testimonial in nature may be admitted against an accused only if the maker of the statement is unavailable and the accused has had an opportunity to cross-examine her. But Crawford deliberately left undetermined what the term “testimonial” meant. Many lower courts gave it a grudging …

Orientalism And Religion In The Romantic Era-Rammohan Ray’S Vedanta(S), Amit Ray

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Abstract:

This chapter examines how Raja Rammohan Ray utilized Vedanta philosophy as a strategic response to colonial critiques of Hinduism during the early nineteenth century. Ray emerged as a pivotal figure who navigated between British orientalist discourse and Indian religious reform, employing Advaita Vedanta to counter accusations of idolatry and polytheism leveled against Hindu practices. The analysis demonstrates how Ray's translations of the Upanishads and his promotion of Vedantic monotheism served dual purposes: defending indigenous civilization against missionary attacks while accommodating European notions of rational religion. Ray's approach involved significant textual interventions, including rendering the neuter brahman as masculine "God" …

Textualism In Gatt/Wto Jurisprudence: Lessons For The Constitutionalization Debate, Dongsheng Zang

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Today, the World Trade Organization (WTO) jurisprudence is subject to tremendous controversy, the WTO panels' or Appellate Body's interpretation of a WTO text is often heatedly debated; and yet, there seems not much attention paid to the general methodology of interpretation in the practice of the General Agreement on Tariff and Trade (GATT) and WTO jurisprudence, even in a recent debate over constitutionalization between Petersmann and his critics. In rejecting his human rights approach to constitutionalization, Petersmann's critics, rightfully, warn him that he has failed to appreciate the complex relations between human rights and free trade in the history of …

Giving Intellectual Property, Xuan-Thao Nguyen, Jeffrey A. Maine

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The interdisciplinarity of intellectual property and taxation poses many challenges to the disparate existing norms in each respective field of law. This Article identifies and critiques the current tax regime governing the giving of intellectual property as a manifestation of the failure to understand the principles and policies underlying intellectual property and the firm. It proposes an economic, incentives-based system that would encourage firms to extricate part of their repository of residual rights by surrendering their monopolistic ownership of intellectual property for the benefit of charitable organizations and, in turn, the development and growth of society.

Fear, Legal Indeterminacy, And The American Lawyering Culture, Michael Hatfield

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On August 1, 2002, then Assistant Attorney General Jay S. Bybee signed for President Bush a memorandum of law concluding that some torture was not necessarily illegal if the President ordered it. This Essay examines how Bybee could arrive at a conclusion that is fundamentally at odds with both our national moral spirit and our law. In doing so, it cautions American lawyers to recognize the difference between what is "legal" and what is "arguably legal, " and to be aware of their own extra-legal biases when interpreting the law.

The Impact Of Eu Unfair Contract Terms Law On U.S. Business-To-Consumer Internet Merchants, Jane K. Winn, Mark Webber

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This article focuses on the application of European Union unfair contract terms law to retail Internet transactions that U.S. businesses might engage in with European consumers. It compares attitudes toward consumer protection regulation in the U.S. and the EU to provide some context within which the specific provisions of unfair contract terms law can be understood.

While many lawyers and legal academics in the U.S. who study the development of online markets are aware of the profound differences in U.S. and EU information privacy laws, the magnitude of the divergence in consumer electronic contracting law is not as widely recognized. …

Rodrigo's Riposte: The Mismatch Theory Of Law School Admissions, Richard Delgado

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The chronicle proceeds as a dialogue between the fictional alter ego Rodrigo Crenshaw and an older professor After meeting in Rodrigos city the two friends joined later by Giannina go out to dinner Rodrigo who is on his law schools admissions committee has been thinking about affirmative action Prompted by his conservative colleague Laz Rodrigo has formulated a severalpronged attack on Sanders premise that stairstep admissions and later law firm hiring just hurts the cause of black lawyersThe professor presses Rodrigo to defend his views and the arrival of Giannina requires him to articulate them even more You will enjoy …