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Articles 5131 - 5160 of 6501
Full-Text Articles in Entire DC Network
Staying Alive: Executive Clemency, Equal Protection, And The Politics Of Gender In Women's Capital Cases, Elizabeth Rapaport
Staying Alive: Executive Clemency, Equal Protection, And The Politics Of Gender In Women's Capital Cases, Elizabeth Rapaport
Faculty Scholarship
In this Article, I will review the matrix in which executive decisions in women's capital clemency cases are made, a matrix supplied by modern equal protection law, the nature and scope of the clemency power, gender politics, and contemporary death row. I will then conduct two thought experiments. Each invented case tests the relevance of gender in legally and politically acceptable contemporary clemency decisions. The goal is to understand the politics and law of granting or denying that very rare boon-commutation of sentence - to a female death row prisoner. The exercise offers support for two conclusions. In the age …
Class In Latcrit: Theory And Praxis In A World Of Economic Inequality (Foreword), Margaret E. Montoya
Class In Latcrit: Theory And Praxis In A World Of Economic Inequality (Foreword), Margaret E. Montoya
Faculty Scholarship
The fifth annual Latina/o critical legal theory ("LatCrit") conference was held on May 4-7, 2000 in Breckenridge, Colorado. The mountain resorts of Colorado present an almost metaphorical location for a critical theory meeting. The majesty and apparent harmony of the natural environment contrast so vividly with the cotidian conflicts in the human environment, and the elites exhibit a banal oblivion to the vicious racial and class-based violence that provide the grist for critical theorists. These resort locations dedicated to a lifestyle of money, recreation and pampering and infused with the invisible oxygen of privilege offer a space for theoretical work …
The Georgia Immigration Pardons: A Case Study In Mass Clemency, Elizabeth Rapaport
The Georgia Immigration Pardons: A Case Study In Mass Clemency, Elizabeth Rapaport
Faculty Scholarship
The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) enlarged the class of aliens subject to mandatory deportation as "aggravated felons" under the Immigration and Nationality Act. There is only one way of avoiding deportation where a non-citizen has at any time in the past been convicted of an offense triggering removal, and that is to obtain a pardon. Over the 15-month period ending in June of 2001, the Georgia Board of Pardons and Parole granted 138 pardons to permanent resident aliens who had suddenly found themselves subject to deportation under IIRAIRA. Recipients of these pardons included people who …
From Noriega To Pinochet: Is There An International Moral And Legal Right To Kidnap Individuals Accused Of Gross Human Rights Violations?, Sherri L. Burr
From Noriega To Pinochet: Is There An International Moral And Legal Right To Kidnap Individuals Accused Of Gross Human Rights Violations?, Sherri L. Burr
Faculty Scholarship
This article concerns the moral conceptions of justice and whether there should be an international legal right to kidnap individuals accused of gross human rights violations, and whether they should be brought before national and international judicial forums. This focus is based around the case of Dr. Humberto Alvarez Machain, a Mexican citizen, who was kidnapped from his medical office in Guadalajara, Mexico, at the behest of United States Drug Enforcement Agents (DEA) in 1990.
Antitrust And The Draft Hague Judgments Convention, William S. Dodge
Antitrust And The Draft Hague Judgments Convention, William S. Dodge
Faculty Scholarship
No abstract provided.
Confronting The Future: Coping With Discovery Of Electronic Material, Richard L. Marcus
Confronting The Future: Coping With Discovery Of Electronic Material, Richard L. Marcus
Faculty Scholarship
No abstract provided.
The Limits Of Law At The Limits Of Life: Lessons From Cannibalism, Euthanasia, Abortion, And The Court-Ordered Killing Of One Conjoined Twin To Save The Other, George J. Annas
Faculty Scholarship
The subject is law at the beginning and end of life. Most of my work is in the area of general health law: law and medicine, public health law, and health and human rights. But this is my favorite subject area, and I expect you to ask me the hardest questions you can. I am not saying I can answer them, but if I cannot that is my fault, not yours. I am going to make a pretty broad argument today about law and medicine; specifically about how new medical technology and medical practice standards have eclipsed religion (and sometimes …
Funding Long Term Care: Is There A Way To Ensure That Our Assets Will Last Longer Than We Will?, Nathalie Martin
Funding Long Term Care: Is There A Way To Ensure That Our Assets Will Last Longer Than We Will?, Nathalie Martin
Faculty Scholarship
Long-term care is a subject of great concern to most elders. Stripping away the emotional hype and confusing lingo surrounding this topic is essential to making sound decisions. This article pares away all the extraneous complications and lays out the options that are currently available to elders, paying particular attention to the methods available to fund long-term care if or when it is needed.
The Jury In The Twenty-First Century: An Interdisciplinary Conference--Introduction, Susan Herman, Lawrence Solan
The Jury In The Twenty-First Century: An Interdisciplinary Conference--Introduction, Susan Herman, Lawrence Solan
Faculty Scholarship
No abstract provided.
"But You're Not A Dirty Mexican": Internalized Oppression, Latinos & Law, Laura M. Padilla
"But You're Not A Dirty Mexican": Internalized Oppression, Latinos & Law, Laura M. Padilla
Faculty Scholarship
This article will describe internalized oppression and racism and expose the harms they cause. It will also dissect the reasons we engage in internalized oppression and racism and explain that once the reasons are exposed, it will be easier to engage in a conscious effort to reduce and ultimately eradicate internalized oppression and racism. Part II of this article defines internalized oppression and internalized racism and elaborates on ways that they are generally expressed in the Latino community. Part III explains how Latinos' internalized racism is reflected in some areas of the law by detailing both Latinos' support for a …
What's In A Name? Law's Identity Under The Tort Of Appropriation, Jonathan Kahn
What's In A Name? Law's Identity Under The Tort Of Appropriation, Jonathan Kahn
Faculty Scholarship
This article is divided into three parts. In Part I, the article explores the notion that under the tort of appropriation, a person’s name is understood to implicate critical aspects of her identity. This notion is explored in relation to specific historical cases raising the issues of whether a woman who adopts her husband’s name has a property right in that name and whether a person who adopts a professional or stage name has separate rights in that name apart from his legal name. Second, Part II focuses on a person’s right to maintain the integrity of his physical image. …
The Dynamics Of Daubert: Methodology, Conclusions, And Fit In Statistical And Econometric Studies, David H. Kaye
The Dynamics Of Daubert: Methodology, Conclusions, And Fit In Statistical And Econometric Studies, David H. Kaye
Faculty Scholarship
This paper reviews the development of the law governing the admissibility of statistical studies. It analyzes the leading cases on scientific evidence and suggests that both the "reliability" and the "general acceptance" standards raise two major difficulties - the "boundary problem" of identifying the type of evidence that warrants careful screening and the "usurpation problem" of keeping the trial judge from closing the gate on evidence that should be left for the jury to assess.
The paper proposes partial solutions to these problems, and it applies them to statistical and econometric proof, particularly in the context of a recent antitrust …
Yahoo And Democracy On The Internet, Joel R. Reidenberg
Yahoo And Democracy On The Internet, Joel R. Reidenberg
Faculty Scholarship
This article examines the French court order requiring Yahoo to prevent French Internet users from accessing images of Nazi memorabilia available for auction on the company's American web site. The article uses the French case to challenge the popular belief that an entirely borderless Internet favors democratic values. The article starts from the premise that while the Internet enables actors to reach a geographically dispersed audience, the Internet should not change the accountability of those actors for their conduct within national borders. The article shows that Yahoo's extensive business in France justifies the application of France's democratically chosen law and …
Private Choices And Public Law Richard A. Posner's Contributions To Family Law And Policy, Ben Depoorter, Francesco Parisi
Private Choices And Public Law Richard A. Posner's Contributions To Family Law And Policy, Ben Depoorter, Francesco Parisi
Faculty Scholarship
No abstract provided.
The Profiling Of Threat Versus The Threat Of Profiling, Frank H. Wu
The Profiling Of Threat Versus The Threat Of Profiling, Frank H. Wu
Faculty Scholarship
No abstract provided.
The Politics Of Judicial Reform In Japan: The Rule Of Law At Last?, Setsuo Miyazawa
The Politics Of Judicial Reform In Japan: The Rule Of Law At Last?, Setsuo Miyazawa
Faculty Scholarship
The purpose of this paper is to discuss the most recent changes in Japan's political environment that could radically alter its judicial system and legal profession in the near future. Reform of the judicial system and legal profession has now been placed on the national agenda, and the cast of players involved has spread from the traditional groups of legal professionals (judges, prosecutors, and attorneys) to the major actors of the larger political process, namely the Liberal Democratic Party (Jiya Minshu T6) ("LDP"), the ruling conservative party, and the Federation of Economic Organizations (Keidanren), one of the most influential organizations …
Rules Of Transnational Civil Procedure, Geoffrey C. Hazard, Michele Taruffo, Rolf Sturner, Antonio Gidi
Rules Of Transnational Civil Procedure, Geoffrey C. Hazard, Michele Taruffo, Rolf Sturner, Antonio Gidi
Faculty Scholarship
No abstract provided.
Introduction To The Principles And Rules Of Transnational Civil Procedure, Geoffrey C. Hazard, Michele Taruffo, Rolf Sturner, Antonio Gidi
Introduction To The Principles And Rules Of Transnational Civil Procedure, Geoffrey C. Hazard, Michele Taruffo, Rolf Sturner, Antonio Gidi
Faculty Scholarship
No abstract provided.
Lessons From The Development Of Western Water Law For Emerging Water Markets: Common Law Vs. Central Planning, Andrew P. Morriss
Lessons From The Development Of Western Water Law For Emerging Water Markets: Common Law Vs. Central Planning, Andrew P. Morriss
Faculty Scholarship
The story of water in the American West shows that political intervention is unnecessary. Local institutions and rules could be the basis for a legal regime sufficient to deal with water issues that arise. The importation of central planning regimes for water can thus not only lead to the allocation of water in ways that harm the interests of indigenous peoples, but also can contribute to the destruction of customary legal systems, which themselves form a valuable part of indigenous people's cultural heritage. Failing to resist the attempts by special interests at a water grab may thus leave both the …
From Reconstruction To Deconstruction: Undermining Black Landownership, Political Independence, And Community Through Partition Sales Of Tenancies In Common, Thomas W. Mitchell
From Reconstruction To Deconstruction: Undermining Black Landownership, Political Independence, And Community Through Partition Sales Of Tenancies In Common, Thomas W. Mitchell
Faculty Scholarship
This article considers one of the primary ways in which African Americans have lost millions of acres of land that they were able to acquire in the latter part of the nineteenth century and the beginning part of the twentieth century and the sociopolitical implications of this land loss. Specifically, this article highlights the fact that forced partition sales of tenancy in common property, referred to more commonly as heirs' property, have been a major source of black land loss within the African American community. The article argues that involuntary black land loss has had a significant negative impact upon …
Rape And Force: The Forgotten Mens Rea, Kit Kinports
Rape And Force: The Forgotten Mens Rea, Kit Kinports
Faculty Scholarship
In rape cases involving physical violence or express threats of physical harm, proof of the actus reus obviously does establish mens rea with respect to force as well as nonconsent. A defendant who beat or threatened to kill his victim could hardly raise a plausible argument that he did not know he was using force. But, in other circumstances, the defendant's mens rea vis-a-vis force may be less clear, and it may therefore make a difference whether a rape conviction requires proof that the defendant purposely intended to use force, or whether it is enough that he knew he was …
Intent To Use: A Failed Experiment?, Amy B. Cohen
Intent To Use: A Failed Experiment?, Amy B. Cohen
Faculty Scholarship
When Congress enacted the Trademark Law Revision Act of 1988 ("TLRA"), it made the first truly radical change in trademark law since the passage of the Lanham Act in 1946. By adding Section 1(b) to the Lanham Act allowing applications for federal trademark registration to be based on an intent to use the mark, Congress for the first time provided a way to apply for federal trademark registration before actual use of a trademark. Congress made this change to bring United States law into closer conformity with the practice elsewhere in the world where use is not a prerequisite to …
Modeling: Placing Persuasion In Context, Myra G. Orlen
Modeling: Placing Persuasion In Context, Myra G. Orlen
Faculty Scholarship
The Author discusses the use of a contextual model to teach persuasion and its proven success in first year classes at Western New England College School of Law.
The Jury In The 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman, Lawerence M. Solan
The Jury In The 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman, Lawerence M. Solan
Faculty Scholarship
No abstract provided.
Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence Solan
Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence Solan
Faculty Scholarship
No abstract provided.
Failing The Test: Germany Leads Europe In Dismantling Refugee Protection, Maryellen Fullerton
Failing The Test: Germany Leads Europe In Dismantling Refugee Protection, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Learning Through Service In A Clinical Setting: The Effect Of Specialization On Social Justice & Skills Training, Antoinette M. Sedillo Lopez
Learning Through Service In A Clinical Setting: The Effect Of Specialization On Social Justice & Skills Training, Antoinette M. Sedillo Lopez
Faculty Scholarship
Arguing against the trend toward specialization in clinical legal education, this essay addresses potential limitations of specialized legal clinics in furthering the dual mission of clinical legal education: social justice and skills training. It points out that specialized clinics limit access to justice by leaving the myriad needs of clients partially unmet. They limit students' learning about the complex needs of clients and students' ability to discover broad inequities in the legal system. Specialization makes it more difficult to train students to be creative problem solvers, and affects their professional socialization
Grooming Crossovers, Alfred Dennis Mathewson
Grooming Crossovers, Alfred Dennis Mathewson
Faculty Scholarship
This article is about the influence of African-American athletes on sports and sports law in the United States. It begins with an examination of the crossover Black athlete, one who is able to transcend color in popular consciousness and appeal to appeal to a racially diverse audience. This article studies African-American athletes from the 1950s to the present, and explores two distinct crossover models: the Jackie Robinson Model and the Orenthal James (O.J.) Simpson Model. The article argues that the initial wave of African-American athletes were groomed to integrate predominantly White educational and sports institutions. The article further maintains that …
Did The Fifteenth Amendment Apply In Bush V. Gore, Alfred Dennis Mathewson
Did The Fifteenth Amendment Apply In Bush V. Gore, Alfred Dennis Mathewson
Faculty Scholarship
The story comes to mind now because the Supreme Court rendered its decision in Bush v. Gore1 without any reference to the Fifteenth Amendment in the opinion or any mention of it by any Justice or lawyer in the oral argument. The Amendment provides that "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color or previous condition of servitude." If I had been a Justice I would have asked the lawyers whether the Fifteenth Amendment was at all relevant to …
Mary Daily V. Boston College: The Impermissibility Of Single-Sex Classes In Private Universities, Maryam Ahranjani
Mary Daily V. Boston College: The Impermissibility Of Single-Sex Classes In Private Universities, Maryam Ahranjani
Faculty Scholarship
This Comment discusses the rationale underlying single-sex education and the diversity in its implementation. This Comment argues that not only are single-sex classrooms withing private undergraduate institutions legally unsound, but also that this approach fails to address long-term public policy concerns about the situation of women in education. As the United States grapples with education reform, it is far too easy to initiate Band-Aid solutions. Single-sex education, ranging from single-sex classrooms to single-sex public schools, should exist as an option, but Title IX and equal protection standards must be satisfied. The first section of this article discusses the historical perspective …