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Full-Text Articles in Entire DC Network
Are Filipina/Os Asians Or Latina/Os?: Reclaiming The Anti-Subordination Objective Of Equal Protection After Grutter And Gratz, Victor C. Romero
Are Filipina/Os Asians Or Latina/Os?: Reclaiming The Anti-Subordination Objective Of Equal Protection After Grutter And Gratz, Victor C. Romero
Faculty Scholarship
In this piece, I explore two avenues of political action - self-identification for affirmative action purposes and longer-term solutions to educational inequity - in an attempt to develop a coherent and effective post-Grutter and Gratz strategy for promoting equal educational opportunities consistent with the demands of equal protection. I use the experiences of Filipina/o-Americans as a vehicle for exploring these issues. I hope to show that diversity as the underlying goal of affirmative action fails to capture the core of modern equal protection jurisprudence implicit in Brown v. Board of Education and Loving v. Virginia: that treating all …
Tripoint Issues In Maritime Boundary Delimitation, Coalter G. Lathrop
Tripoint Issues In Maritime Boundary Delimitation, Coalter G. Lathrop
Faculty Scholarship
Tripoint issues arise in maritime boundary delimitation where the maritime areas of three coastal states converge and overlap. Where this trilateral geographic relationship exists, so to does the potential for a tripoint at which three bilateral maritime boundaries could intersect. How should the endpoint(s) of the bilateral boundary be defined in light of possible third party interests? The goal of this report is to provide boundary practitioners with some answers to that question based on the maritime boundary delimitation practice of states, the International Court of Justice, and maritime boundary tribunals.
Inadmissible In Iberia: The Fate Of Asylum Seekers In Spain And Portugal, Maryellen Fullerton
Inadmissible In Iberia: The Fate Of Asylum Seekers In Spain And Portugal, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Crossing The Himalayas: Exculpatory Clauses In Global Transport, Joseph Sweeney
Crossing The Himalayas: Exculpatory Clauses In Global Transport, Joseph Sweeney
Faculty Scholarship
No abstract provided.
Asians, Gay Marriage, And Immigration: Family Unification At A Crossroads, Victor C. Romero
Asians, Gay Marriage, And Immigration: Family Unification At A Crossroads, Victor C. Romero
Faculty Scholarship
Family unification has long been a significant component of U.S. immigration policy, and the Asian Pacific American (APA) community has long been a champion of laws that strengthen America's commitment to this goal. The recent emergence of same-gender marriages among state and local governments has caused society to consider more closely its definition of the family, challenging the traditional notion that only civil unions between heterosexuals should be celebrated. But because U.S. immigration law does not include a gay or lesbian partner within its statutory definition of spouse, binational same-gender couples may not legally remain in the country together, even …
Bank Mergers In North America: Comparing The Approaches In The United States And Canada, Eric J. Gouvin
Bank Mergers In North America: Comparing The Approaches In The United States And Canada, Eric J. Gouvin
Faculty Scholarship
This Article provides a summary comparison of the processes in the United States and Canada for governmental approval of bank mergers. The topic came to prominence in 1998 when four of Canada's five largest banks unveiled plans that would have resulted in the Royal Bank of Canada merging with the Bank of Montreal and the Toronto Dominion Bank combining with the Canadian Imperial Bank of Commerce ("CIBC"). These proposed mergers were rejected by the then Finance Minister, Paul Martin. The reasons given included: (1) the resulting banking industry structure would have concentrated too much economic power in the hands of …
By Any Other Name?: On Being “Regarded As” Black, And Why Title Vii Should Apply Even If Lakisha And Jamal Are White, Angela Onwuachi-Willig, Mario L. Barnes
By Any Other Name?: On Being “Regarded As” Black, And Why Title Vii Should Apply Even If Lakisha And Jamal Are White, Angela Onwuachi-Willig, Mario L. Barnes
Faculty Scholarship
Forty years after the passage of Title VII, scholars Marianne Bertrand and Sendhil Mullainathan reported the results of their groundbreaking study, Are Emily and Greg More Employable Than Lakisha and Jamal? A Field Experiment on Labor Market Discrimination. Their study revealed that simply having an African American-sounding name significantly decreased one's opportunity to receive a job interview, regardless of occupation or industry. The results of Bertrand and Mullainathan's investigation raise critical questions about the effectiveness of Title VII as a remedy for race discrimination in the hiring market today, especially as employment discrimination has evolved into different forms. As shown …
The Peruvian Civil Code, Property And Plunder Time For A Latin American Alliance To Resist The Neo Liberal Order, Ugo Mattei
Faculty Scholarship
No abstract provided.
Technocracy And Democracy: Conflicts Between Models And Participation In Environmental Law And Planning, Dave Owen, James D. Fine
Technocracy And Democracy: Conflicts Between Models And Participation In Environmental Law And Planning, Dave Owen, James D. Fine
Faculty Scholarship
No abstract provided.
Intellectual Property At A Crossroads: Why History Matters, Peter K. Yu
Intellectual Property At A Crossroads: Why History Matters, Peter K. Yu
Faculty Scholarship
Intellectual property is at a crossroads today. As the Commission on Intellectual Property Rights noted in its final report, “[o]ver the last twenty years or so there has been an unprecedented increase in the level, scope, territorial extent and role of IP right protection.” From the rapid privatization and commodification of information to the creation of property rights in bioengineered microorganisms and lifeforms, recent developments in the intellectual property field have sparked major controversies, calling into questions our values, worldviews, and the way society protects and incentivizes human creations and innovations. To grapple with these difficult questions, courts and commentators …
Mining In Irian Jaya: How Citizens Should Think About Environmental Justice, Jeremy Bendik-Keymer
Mining In Irian Jaya: How Citizens Should Think About Environmental Justice, Jeremy Bendik-Keymer
Faculty Scholarship
"All around me are the facts of my life. But I can't see them, because the way I think gets in the way." I am making a case for environmental justice. We'll explore how questioning our lives and actions helps us grasp environmental justice. I believe environmental justice calls many of us to conceive of our lives in new ways so that we can become true ecological citizens. First, relations between humans and lands need to be articulated, and we need to think of our lives in spatially, temporally and ecologically extended ways. This paper is intended initially as an …
The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu
The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu
Faculty Scholarship
There is a built-in paradox in the emergence of international law over the last decade as a core concern of academics and policy-makers. On the one hand, it is difficult to imagine any other period in history that has witnessed such a profusion of attempts to tame the anarchical society by hedging it in a straight-jacket of legalities. Throughout the 1990s, international conferences generated reams of treaties, codes, and agendas for action. International adjudicatory tribunals proliferated, and endeavored to give teeth to ideas and obligations hitherto thought to be essentially aspirational. And yet, the ability of international law to regulate …
Agroforestry, Elephants, And Tigers: Balancing Conservation Theory And Practice In Human-Dominated Landscapes Of Southeast Asia, Philip J. Nyhus, R L. Tilson
Agroforestry, Elephants, And Tigers: Balancing Conservation Theory And Practice In Human-Dominated Landscapes Of Southeast Asia, Philip J. Nyhus, R L. Tilson
Faculty Scholarship
Large mammal populations theoretically are best conserved in landscapes where large protected areas are surrounded by buffer zones, connected by corridors, and integrated into a greater ecosystem. Multi-use buffer zones, including those containing complex agroforestry systems, are promoted as one strategy to provide both economic benefits to people and conservation benefits to wildlife. We use the island of Sumatra, Indonesia to explore the benefits and limitations of this strategy. We conclude that conservation benefits are accrued by expanding the habitat available for large mammals but more attention needs to be focused on how to reduce and respond to human–wildlife conflict …
Characterizing Human-Tiger Conflict In Sumatra, Indonesia: Implications For Conservation, Philip J. Nyhus, Ronald Tilson
Characterizing Human-Tiger Conflict In Sumatra, Indonesia: Implications For Conservation, Philip J. Nyhus, Ronald Tilson
Faculty Scholarship
Human-tiger conflict occurs in Indonesia but there is little recent information about the scope of the problem, and adequate policies are not in place to address the conflict. Published and unpublished reports of conflict between Sumatran tigers Panthera tigris sumatrae, people and their livestock were collected and analysed to characterize the extent, distribution and impact of human-tiger actively conflict on the island of Sumatra, Indonesia. Reportedly, between 1978 and 1997, tigers killed 146 people and injured 30, and killed at least 870 livestock. Conflict was less common in protected areas and more common in inter- mediate disturbance areas such as …
Federal Law, State Policy, And Indian Gaming, Kevin Washburn
Federal Law, State Policy, And Indian Gaming, Kevin Washburn
Faculty Scholarship
This Article will set forth the legal authorization and the economic success of Indian gaming by asking and answering two rhetorical questions: "What makes Indian gaming lawful?" and "What makes Indian gaming successful?" This Article will conclude with the observation that Indian gaming exists almost entirely at the mercy of state governments. It will argue that, while Indian gaming began as a cross-border issue, it no longer has those features. Indeed, it has been transformed into the very antithesis of a cross-border issue, a political issue that is addressed almost entirely in the sphere of state political processes. The issue …
Intellectual Property Law And Indigenous Peoples: Adapting Copyright Law To The Needs Of A Global Community, Megan M. Carpenter
Intellectual Property Law And Indigenous Peoples: Adapting Copyright Law To The Needs Of A Global Community, Megan M. Carpenter
Faculty Scholarship
The definition and scope of intellectual property and associated laws are under intense debate in the emerging discourse surrounding intellectual property and human rights. These debates primarily arise within the context of indigenous peoples' rights to protection and ownership of culturally specific properties. It is true that intellectual property laws are based on Western, developed markets, Western concepts of creation and invention, and Western concepts of ownership. But whatever their origins, those laws have been, and currently are, the primary vehicle for the protection of artistic, literary, and scientific works worldwide. To segregate indigenous interests from this international legal regime, …
Recognition And Enforcement Of Foreign Intellectual Property Judgments: Analysis And Guidelines For A New International Convention, Yoav Oestreicher
Recognition And Enforcement Of Foreign Intellectual Property Judgments: Analysis And Guidelines For A New International Convention, Yoav Oestreicher
Faculty Scholarship
S.J.D. dissertation, submitted April 2004
Cuban Exceptionalism : Migration And Asylum In Spain And The United States, Maryellen Fullerton
Cuban Exceptionalism : Migration And Asylum In Spain And The United States, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Supreme Court Of The United States As Quasi-International Tribunal: Reclaiming The Court's Original And Exclusive Jurisdiction Over Treaty-Based Suits By Foreign States Against States, The, Thomas H. Lee
Faculty Scholarship
The thesis of this Article is that the Constitution vests in the Supreme Court original and exclusive jurisdiction over suits brought by foreign states against States alleging violation of ratified treaties of the United States. The basis for non-immunity in suits by foreign states is the same theory of ratification consent that is presumed to justify suits against States by other States or the United States. Just as the States by ratifying the Constitution agreed to suits in the national court by other States and the national sovereign to ensure domestic peace, they agreed to suits by foreign states in …
Executive Power Essentialism And Foreign Affairs, Martin S. Flaherty
Executive Power Essentialism And Foreign Affairs, Martin S. Flaherty
Faculty Scholarship
No abstract provided.
Legal Institutions And International Trade Flows, Daniel Berkowitz, Johannes Moenius, Katharina Pistor
Legal Institutions And International Trade Flows, Daniel Berkowitz, Johannes Moenius, Katharina Pistor
Faculty Scholarship
Globalization and increasing international flows of goods and capital have created a sense that the importance of individual nation states and the public goods they provide, including law and law enforcement institutions, is in decline. Opting out of domestic legal institutions and into those of a third country or into an "international" architecture have been elevated to important complements, if not substitutes for "good" institutions at home. If traders and investors could indeed effectively opt-out of their home jurisdiction's legal systems, we should observe empirically that the quality of domestic institutions has little impact on international patterns of trade flows. …
Meade V. Dennistone: The Naacp's Test Case To "...Sue Jim Crow Out Of Maryland With The Fourteenth Amendment.", Garrett Power
Meade V. Dennistone: The Naacp's Test Case To "...Sue Jim Crow Out Of Maryland With The Fourteenth Amendment.", Garrett Power
Faculty Scholarship
In 1936, Edmond D. Meade, an African-American pastor at Israel Baptist Church in Baltimore, contracted to purchase a home in an almost exclusively white block of Baltimore City. Meade’s purchase was followed by a suit by the white residents to block the use of the home by the new buyers. This work examines the legacy of Meade v. Dennistone, the effect of the decision on “free market forces” and concludes by considering the impact of the decision – and the community response – on the final judicial rejection of the “separate but equal” treatment of the races.
Legislating Accountability: Standards, Sanctions, And School District Reform , Aaron J. Saiger
Legislating Accountability: Standards, Sanctions, And School District Reform , Aaron J. Saiger
Faculty Scholarship
The “New Accountability” movement in American education purports to catalyze improvement in American education by setting clear state standards for academic performance, measuring performance against those standards, and disseminating information about results. This Article argues that the potential of state accountability programs lies not in their imposition of standards but in their imposition of a sanction - the disestablishment of school districts, which entails unseating the local superintendent and school board and replacing them with state officials or their designees - that is extremely painful for the targeted district but is also painful for states to impose. The first Part …
The Origins Of The American Public Trust Doctrine: What Really Happened In Illinois Central, Joseph D. Kearney, Thomas W. Merrill
The Origins Of The American Public Trust Doctrine: What Really Happened In Illinois Central, Joseph D. Kearney, Thomas W. Merrill
Faculty Scholarship
The public trust doctrine has always been controversial. The general rule in American law favors ownership of natural resources as private property. The public trust doctrine, a jarring exception of uncertain dimensions, posits that some resources are subject to a perpetual trust that forecloses private exclusion rights. For environmentalists and preservationists who view private ownership as a source of the degradation of our natural and historical resources, the public trust doctrine holds out the hope of salvation through what amounts to a judicially enforced inalienability rule that locks resources into public ownership. For those who view private property as the …
Citizens To Preserve Overton Park V. Volpe, Peter L. Strauss
Citizens To Preserve Overton Park V. Volpe, Peter L. Strauss
Faculty Scholarship
This essay is one of a series destined to appear in a Foundation Press book, Administrative Law Stories, now set for publication in the fall of 2005. The decision in Citizens to Preserve Overton Park v. Volpe represents a transition from political to judicial controls over decisions broadly affecting a wide range of community interests. Unmistakable and dramatic as it is, that transition is not universally applauded. But the transition was striking and quick. The late sixties and early seventies saw an explosion of new national legislation on social and environmental issues, that often provided explicitly or implicitly for citizen …
Buying Back The West, James R. Rasband
The Changing World Of Employee Benefits, Maria O'Brien
The Changing World Of Employee Benefits, Maria O'Brien
Faculty Scholarship
When I graduated from law school in 1985, there were no courses offered in employee benefits law. Nor, as near as I can recall, was ERISA ever discussed in any of the labor and employment classes I took. There was no mention in the introductory labor law course or in other classes about employment discrimination, union organizing, and employment arbitration. Now, in contrast, many law schools include a course on employee benefits and ERISA, and students hoping to work in the labor and employment area frequently find that ERISA work is plentiful, and traditional NLRA work is not. This, of …
One Strike And You're Out? Constitutional Constraints On Zero Tolerance In Public Education, Eric D. Blumenson, Eva Nilsen
One Strike And You're Out? Constitutional Constraints On Zero Tolerance In Public Education, Eric D. Blumenson, Eva Nilsen
Faculty Scholarship
Various studies reported that juvenile crimes of violence fell in the 1990s by as much as 30%. 10 In high schools specifically, the incidence of threatening behavior in 1996 changed little from two decades earlier, 11 with the chances of being killed in school far less than being struck by lighting. 12 The "juvenile crime bomb" proved illusory (as Delulio himself eventually acknowledged 13), but the severe measures designed to deal with it remain entrenched. Zero tolerance has taken on a life of its own, partly because public misperception remains high, 14 and partly because in our hardheaded times …
Incorporating Local Knowledge Into Population And Habitat Viability Assessments: Landowners And Tree Kangaroos In Papua New Guinea, Philip J. Nyhus, J Williams, J Borovansky, O Byers, P Miller
Incorporating Local Knowledge Into Population And Habitat Viability Assessments: Landowners And Tree Kangaroos In Papua New Guinea, Philip J. Nyhus, J Williams, J Borovansky, O Byers, P Miller
Faculty Scholarship
No abstract provided.
Taking The Bite Out Of Wildlife Damage: The Challenges Of Wildlife Compensation Schemes, Philip J. Nyhus, Hank Fisher, Steve Osofsky, Francine Madden
Taking The Bite Out Of Wildlife Damage: The Challenges Of Wildlife Compensation Schemes, Philip J. Nyhus, Hank Fisher, Steve Osofsky, Francine Madden
Faculty Scholarship
No abstract provided.