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Articles 4231 - 4260 of 6528
Full-Text Articles in Entire DC Network
Disability Advocacy And Atkins, James W. Ellis
Disability Advocacy And Atkins, James W. Ellis
Faculty Scholarship
This Article examines the correlation between the Court's perception and its resolution of the constitutional issues, most dramatically exhibited in Atkins. Part II of this Article briefly examines the history of discrimination against persons with mental retardation. Part III of this Article traces the history of the Court's decisions involving persons with mental retardation, giving special attention to the way in which the Justices' opinions reveal their apparent understanding of mental retardation and the relationship between individuals who have the disability and the law.5 Finally, Part IV addresses the Atkins opinion itself, with emphasis on the Court's understanding of mental …
Latinas/Os' And The Politics Of Knowledge Production: Latcrit Scholarship And Academic Activism As Social Justice Action, Margaret E. Montoya, Francisco Valdes
Latinas/Os' And The Politics Of Knowledge Production: Latcrit Scholarship And Academic Activism As Social Justice Action, Margaret E. Montoya, Francisco Valdes
Faculty Scholarship
In this article, Professors Montoya and Valdes examine various ways of developing Latina/o legal studies in the United States. As background, they first outline and examine the three main models of knowledge-production established within legal academia during the past century or so: 1) the traditional or imperial model; 2) the safe-space or vanguard model, and; 3) the big-tent or democratic model. Using this historical template to contextualize current efforts in Latina/o legal studies both substantively and methodologically, they next review the record of LatCrit theorists over the past dozen years. With this analytical framework in place, they situate the LatCrit …
Sales Gone Wild: Will The Ftc's Business Opportunity Rule Put An End To Pyramid Marketing Schemes?, Sergio Pareja
Sales Gone Wild: Will The Ftc's Business Opportunity Rule Put An End To Pyramid Marketing Schemes?, Sergio Pareja
Faculty Scholarship
This article analyzes the anticipated effect of the FTC's Business Opportunity Rule on pyramid marketing schemes. Pyramid marketing schemes consistently rank in the top ten lists of consumer complaints received by the FTC and state consumer protection divisions, victimizing 1.5 million Americans a year. One recent class action settlement demonstrated that the victims, who are often relatively poor and uneducated, had an average loss of approximately $8,000 each. The FTC has promulgated a new Business Opportunity Rule in an effort to end these abuses. Promotors of business opportunities will be required to comply with the new rule beginning on July …
Shadow War Scholarship, Indigenous Legal Tradition, And Modern Law In Indian Country, Christine Zuni Cruz
Shadow War Scholarship, Indigenous Legal Tradition, And Modern Law In Indian Country, Christine Zuni Cruz
Faculty Scholarship
This article documents the purposes and reasons for the development of the Tribal Law Journal, the University of New Mexico School of Laws electronic journal created to promote scholarship on tribal law and the Indigenous legal tradition. It discusses the use of the internet for the work of the journal and of the need to increase an understanding and awareness of the law of Indigenous peoples. The diversity of indigenous peoples, in and of itself, requires unique approaches to the discussion of tribal law. The article considers how the Zapatista Movement in Chiapas utilized the internet. The Zapatista's engagement of …
Brief For Respondent Iqubal As Amicus Curiae, Dawinder S. Sidhu, Brian E. Robinson
Brief For Respondent Iqubal As Amicus Curiae, Dawinder S. Sidhu, Brian E. Robinson
Faculty Scholarship
Whether a conclusory allegation that a cabinet-level officer or other high-ranking official knew of, condoned, or agreed to subject a plaintiff to allegedly unconstitutional acts purportedly committed by subordinate officials is sufficient to state individual-capacity claims against those officials under Bivens.
A Sports Seminar With A Free Agent Market Exercise, Alfred Dennis Mathewson
A Sports Seminar With A Free Agent Market Exercise, Alfred Dennis Mathewson
Faculty Scholarship
I have taught a seminar in sports law for approximately twenty years. The course has always included an exercise concerning the negotiation of a professional player contract. At one time, I used the baseball salary arbitration exercise that used to be included in previous editions of Ray Yasser's casebook. The negotiation exercise otherwise always has involved the representation of professional basketball players. I use basketball primarily because it is my favorite sport. I have been tempted to try baseball or football, but over time, familiarity with the exercise has created resistance to change.
American Indians, Crime And The Law: Five Years Of Scholarship On Criminal Justice In Indian Country, Kevin Washburn
American Indians, Crime And The Law: Five Years Of Scholarship On Criminal Justice In Indian Country, Kevin Washburn
Faculty Scholarship
Opening remarks.
Narrative Braids: Performing Racial Literacy (Interviewed By Gene Grant), Christine Zuni Cruz, Margaret Montoya
Narrative Braids: Performing Racial Literacy (Interviewed By Gene Grant), Christine Zuni Cruz, Margaret Montoya
Faculty Scholarship
The performance that is the basis for this joint publication was performed at the Harriet Tubman Theatre at the National Underground Railroad Justice Center in Cincinnati, Ohio. The two of us, Christine Zuni Cruz, a Pueblo woman from the Rio Grande Pueblos of Oke Owingeh and lsleta in New Mexico, and Margaret Montoya, a mestiza/Chicana from northern New Mexico, using both our personal voices and our professional voices as legal scholars, enacted the theatrical performance, a conversation between two women of color from different communities with different identities. This performance experiments with both method and content. The method is a …
Uniendo Comunidades By Learning Lessons And Mobilizing For Change, Margaret E. Montoya
Uniendo Comunidades By Learning Lessons And Mobilizing For Change, Margaret E. Montoya
Faculty Scholarship
Building community, that is, sustaining our connections to family and our ancestry is often hampered by going to law school. Law schools are highly adept at assimilating you into a profession and a worldview that can be at odds with who you were and how you saw the world before you began law school. Unfortunately, in order to fit in, it can seem advantageous to forget tus ralces, your roots. I began by talking about unigndo comunidades as a progressive objective and have been talking about the second part of your conference theme, learning lessons and mobilizing for change, as …
Dams, Duties, And Discretion: Bureau Of Reclamation Water Project Operations And The Endangered Species Act, Reed D. Benson
Dams, Duties, And Discretion: Bureau Of Reclamation Water Project Operations And The Endangered Species Act, Reed D. Benson
Faculty Scholarship
Nearly thirty years ago, the U.S. Supreme Court decided whether the survival of a relatively small number of three-inch fish among all the countless millions of species extant would require the permanent halting of a virtually completed dam for which Congress has expended more than $100 million.' Stunningly, the fish won, because the language, history, and structure of the Endangered Species Act showed 'beyond doubt that Congress intended endangered species to be afforded the highest of priorities.' The Court acknowledged that this view of the statute would carry substantial economic costs, but was persuaded that '[t]he plain intent of Congress …
The Public-Private Distinction In The Conflict Of Laws, William S. Dodge
The Public-Private Distinction In The Conflict Of Laws, William S. Dodge
Faculty Scholarship
No abstract provided.
Has The Erie Doctrine Been Repealed By Congress?, Geoffrey C. Hazard Jr.
Has The Erie Doctrine Been Repealed By Congress?, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Addressing The Evidentiary Sources Of Wrongful Convictions: Categorical Exclusion Of Evidence In Capital Statutes, Rory K. Little
Addressing The Evidentiary Sources Of Wrongful Convictions: Categorical Exclusion Of Evidence In Capital Statutes, Rory K. Little
Faculty Scholarship
No abstract provided.
The Transformation Of International Comity, Joel R. Paul
The Transformation Of International Comity, Joel R. Paul
Faculty Scholarship
No abstract provided.
Why Plea-Bargaining Fails To Achieve Results In So Many Criminal Justice Systems: A New Framework For Assessment, Nuno Garoupa, Frank H. Stephen
Why Plea-Bargaining Fails To Achieve Results In So Many Criminal Justice Systems: A New Framework For Assessment, Nuno Garoupa, Frank H. Stephen
Faculty Scholarship
The myth of American exceptionalism in the matter of plea-bargaining is certainly by now quite untrue. In addition to forming an important part of criminal procedure in the United Kingdom, plea-bargaining has been transplanted to several civil law countries such as France and Italy. Informal versions, based on non-trial settlement, have been observed in Germany, Belgium, the Netherlands, and around the world. The Law and Economics literature on plea-bargaining views it as an efficient instrument of criminal procedure because it reduces enforcement costs (for both parties) and allows the prosecutor to concentrate on more meritorious cases. Yet the success of …
The Scope Of Criminal Law And Criminal Sanctions: An Economic View And Policy Implications, Roger Bowles, Michael Faure, Nuno Garoupa
The Scope Of Criminal Law And Criminal Sanctions: An Economic View And Policy Implications, Roger Bowles, Michael Faure, Nuno Garoupa
Faculty Scholarship
This paper considers why some harm-generating activities are controlled by criminal law and criminal sanctions while others are subject to some other mechanism such as civil law, administrative law, regulation or the tax system. It looks at the question from the perspective of the law and economics approach. We seek to identify the comparative benefits of using the criminal law relative to other enforcement mechanisms and--more broadly--why certain specific behaviours are criminalized. The paper argues that an economic approach emphasizing the relative merits of alternative legal instruments for bringing about harm reduction can provide an explanation for a number of …
State Practice In The Management And Allocation Of Transboundary Ground Water Resources In North America, Gabriel Eckstein, Amy Hardberger
State Practice In The Management And Allocation Of Transboundary Ground Water Resources In North America, Gabriel Eckstein, Amy Hardberger
Faculty Scholarship
Throughout the world, international and state political boundaries divide ground water resources into politically convenient jurisdictions. Subsurface water, however, does not recognize such borders and flows freely without regard to overlying politics. This disregard for the political dimension, coupled with the growing global importance of fresh water, has the potential for aggravating disputes and conflicts over the use, allocation, and preservation of such resources. To date, widely accepted norms of international law applicable to transboundary aquifers have yet to emerge. However, local and regional agreements, including both formal and unofficial arrangements, suggest the emergence of state practice that should be …
The Lexical Heart: A Dictionary, Megan M. Carpenter
The Lexical Heart: A Dictionary, Megan M. Carpenter
Faculty Scholarship
No abstract provided.
Will Penal Populism In Japan Decline?: A Discussion, Setsuo Miyazawa
Will Penal Populism In Japan Decline?: A Discussion, Setsuo Miyazawa
Faculty Scholarship
I intend to play the role of discussant at a session where five papers have been presented and to draw implications from the perspective I presented in Miyazawa (2007a ). I revise my thesis about penal populism in Japan slightly using the concept of "leadership from the front "presented by Johnson .However, I still conclude that penal populism in Japan is not likely to decline in the near future.
Doctrines Without Borders: The New Israeli Exclusionary Rule And The Challenges Of Legal Transplantation, Binyamin Blum
Doctrines Without Borders: The New Israeli Exclusionary Rule And The Challenges Of Legal Transplantation, Binyamin Blum
Faculty Scholarship
No abstract provided.
Modes Of Procedural Reform, Richard L. Marcus
Modes Of Procedural Reform, Richard L. Marcus
Faculty Scholarship
No abstract provided.
Conceptual Hurdles To The Application Of Atkins V. Virginia, Lois A. Weithorn
Conceptual Hurdles To The Application Of Atkins V. Virginia, Lois A. Weithorn
Faculty Scholarship
No abstract provided.
Mandatory Rules, Scott Dodson
Law, Environmental Dynamism, Reliability: The Rise And Fall Of Calfed, Dave Owen
Law, Environmental Dynamism, Reliability: The Rise And Fall Of Calfed, Dave Owen
Faculty Scholarship
No abstract provided.
Appreciating Mandatory Rules: A Reply To Critics, Scott Dodson
Appreciating Mandatory Rules: A Reply To Critics, Scott Dodson
Faculty Scholarship
No abstract provided.
Finding Trademark Use: The Historical Foundation For Limiting Infringement Liability To Uses "In The Manner Of A Mark", Margreth Barrett
Finding Trademark Use: The Historical Foundation For Limiting Infringement Liability To Uses "In The Manner Of A Mark", Margreth Barrett
Faculty Scholarship
No abstract provided.
Rethinking Compensation For Mental Distress: A Critique Of The Restatement (Third) §§ 45-47, John L. Diamond
Rethinking Compensation For Mental Distress: A Critique Of The Restatement (Third) §§ 45-47, John L. Diamond
Faculty Scholarship
No abstract provided.
Of Breaches Of The Peace, Home Invasions, And Securities Fraud, A. Christine Hurt
Of Breaches Of The Peace, Home Invasions, And Securities Fraud, A. Christine Hurt
Faculty Scholarship
No abstract provided.
The Icj's Uganda Wall: A Barrier To The Principle Of Distinction And An Entry Point For Lawfare, Eric Talbot Jensen
The Icj's Uganda Wall: A Barrier To The Principle Of Distinction And An Entry Point For Lawfare, Eric Talbot Jensen
Faculty Scholarship
The intermixing of combatants with civilians while engaging in hostilities violates one of the most fundamental principles of the law of armed conflict: the principle of distinction. This bedrock principle of the law of war requires those involved in conflict to mark themselves so they can be distinguished from those who are not involved in combat. The most common method of compliance is for combatants to wear a uniform. By requiring distinction, both combatants and civilians know who is involved in the combat and who is not. Derogation from the principle of distinction is among the most serious issues facing …
Find It Free And Fast On The Net: Strategies For Legal Research On The Web (2007), Michelle Rigual
Find It Free And Fast On The Net: Strategies For Legal Research On The Web (2007), Michelle Rigual
Faculty Scholarship
This is a guide to researching legal issues on the internet. Basic search topics applicable to any database are discussed as well as specific strategies for finding free or inexpensive legal materials, effectively using new technologies such as blogs, RSS feeds, and podcasts. Additionally, attendees are warned to avoid outdated technologies and sources. Also presented in Albuquerque, New Mexico, December 13, 2007.