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Articles 811 - 840 of 1224
Full-Text Articles in Entire DC Network
Technology Mediated Dispute Resolution Can Improve The Registry Of Interpreters For The Deaf Ethical Practices System: The Deaf Community Is Well Prepared And Can Lead By Example, David Allen Larson, Paula Gajewski Mickelson
Technology Mediated Dispute Resolution Can Improve The Registry Of Interpreters For The Deaf Ethical Practices System: The Deaf Community Is Well Prepared And Can Lead By Example, David Allen Larson, Paula Gajewski Mickelson
Faculty Scholarship
The work of American Sign Language (ASL)/English interpreters is filled with complex interpersonal, linguistic and cultural challenges. The decisions and ethical dilemmas interpreters face on a daily basis are countless and the potential for disagreement regarding those decisions is great. Technology Mediated Dispute Resolution (TMDR) processes can be particularly helpful when misunderstandings and conflicts arise. Technology Mediated Dispute Resolution is a more inclusive phrase than Online Dispute Resolution (ODR) and includes cellular telephones, radio frequency devices, and satellite communication systems. The Deaf Community has learned to adapt and rely upon a variety of technologies and, because many Deaf individuals already …
Are Blue And Pink The New Brown? The Permissibility Of Sex-Segregated Education As Affirmative Action, Dawinder S. Sidhu
Are Blue And Pink The New Brown? The Permissibility Of Sex-Segregated Education As Affirmative Action, Dawinder S. Sidhu
Faculty Scholarship
This Article examines segregation and affirmative action in a different context-that of gender. Title IX of the Education Amendments of 1972 ("Title IX") l° prohibits discrimination on the basis of gender in education programs or activities that receive federal financial assistance. The regulations implementing Title IX, however, explicitly permit recipients of federal funding to offer single-sex schools, classes, and extracurricular activities. The regulations also permit recipients to "take affirmative action to overcome the effects of conditions which resulted in limited participation therein by persons of a particular sex.” This Article discusses whether and to what extent the affirmative action provision …
False Consensus Bias In Contract Interpretation, Lawrence Solan, Terri Rosenblatt, Daniel Osherson
False Consensus Bias In Contract Interpretation, Lawrence Solan, Terri Rosenblatt, Daniel Osherson
Faculty Scholarship
No abstract provided.
Wrtl Ii: The Sharpest Turn In Campaign Finance's Long And Winding Road, Richard Briffault
Wrtl Ii: The Sharpest Turn In Campaign Finance's Long And Winding Road, Richard Briffault
Faculty Scholarship
In Federal Election Commission v. Wisconsin Right to Life, Inc. (WRTL II), a closely divided and fragmented Supreme Court, without a majority opinion, held that the First Amendment requires the creation of a sweeping as-applied exception to § 203 of the Bipartisan Campaign Reform Act of 2002 (BCRA), which extended the ban on the use of corporate and union treasury funds in federal election campaigns to “electioneering communication.” In so doing, the Court broke sharply with its 2003 decision in McConnell v. Federal Election Commission, which had, inter alia, rejected a facial challenge to the …
Demystifying The Right To Exclude: Of Property, Inviolability, And Automatic Injunctions, Shyamkrishna Balganesh
Demystifying The Right To Exclude: Of Property, Inviolability, And Automatic Injunctions, Shyamkrishna Balganesh
Faculty Scholarship
The right to exclude has long been considered a central component of property. In focusing on the element of exclusion, courts and scholars have paid little attention to what an owner's right to exclude means and the forms in which this right might manifest itself in actual property practice. For some time now, the right to exclude has come to be understood as nothing but an entitlement to injunctive relief – that whenever an owner successfully establishes title and an interference with the same, an injunction will automatically follow. Such a view attributes to the right a distinctively consequentialist meaning, …
We Are All Entrepreneurs Now, David E. Pozen
We Are All Entrepreneurs Now, David E. Pozen
Faculty Scholarship
A funny thing happened to the entrepreneur in legal, business, and social science scholarship. She strayed from her capitalist roots, took on more and more functions that have little to do with starting or running a business, and became wildly popular in the process. Nowadays, "social entrepreneurs" tackle civic problems through innovative methods, "policy entrepreneurs" promote new forms of government action, "norm entrepreneurs" seek to change the way society thinks or behaves, and "moral entrepreneurs" try to alter the boundaries of duty or compassion. "Ethnification entrepreneurs," "polarization entrepreneurs," and other newfangled spinoffs pursue more discrete objectives. Entrepreneurial rhetoric has never …
On The Guise Of The Good, Joseph Raz
On The Guise Of The Good, Joseph Raz
Faculty Scholarship
I will provisionally take the Guise of the Good thesis to consist of three propositions: (1) Intentional actions are actions performed for reasons, as those are seen by the agents. (2) Specifying the intention which makes an action intentional identifies central features of the reason(s) for which the action is performed. (3) Reasons for action are such reasons by being facts which establish that the action has some value. From these it is said to follow that (4) Intentional actions are actions taken in, and because of, a belief that there is some good in them. I will examine reasons …
A Truism With Attitude: The Tenth Amendment In Constitutional Context, Gary S. Lawson
A Truism With Attitude: The Tenth Amendment In Constitutional Context, Gary S. Lawson
Faculty Scholarship
The Tenth Amendment is caught in a crossfire hurricane. From one direction, it is dismissed as "but a truism"' with no significant constitutional function. From another direction, its unassuming language- "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" 2-has inspired Byzantine doctrines concerning such matters as federal commandeering of state institutions,3 conditions on federal spending programs implemented by states,4 and federal regulation of state governmental institutions. 5 The Tenth Amendment thus appears to be either the constitutional equivalent of a …
Clear Notice For Conditions On Spending, Unclear Implications For States In Federal Healthcare Programs, Nicole Huberfeld
Clear Notice For Conditions On Spending, Unclear Implications For States In Federal Healthcare Programs, Nicole Huberfeld
Faculty Scholarship
This article explores an important case from the 2005-06 Supreme Court term, Arlington Central School District Board of Education v. Murphy. Murphy is a benchmark for Spending Clause jurisprudence, as the new Roberts Court adopted what was the dissenting view for years, but its significance has gone largely unnoticed. Additionally, Murphy may have critical implications for the federalism revolution and for the country's largest healthcare programs. These broad observations are focused in this article by the example of the Clawback Provision, a new Medicaid requirement that has been challenged by New Jersey, Texas, Maine, Missouri, and Kentucky. The Supreme Court …
Duty To The Unborn: A Response To Smolensky, Jaime S. King
Duty To The Unborn: A Response To Smolensky, Jaime S. King
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.
The Formal Structure Of Patent Law And The Limits Of Enablement, Jeffrey A. Lefstin
The Formal Structure Of Patent Law And The Limits Of Enablement, Jeffrey A. Lefstin
Faculty Scholarship
No abstract provided.
Crimes That Count Twice: A Reexamination Of Rico's Nexus Requirements Under 18 U.S.C. §§ 1962(C) And 1964(C), Randy D. Gordon
Crimes That Count Twice: A Reexamination Of Rico's Nexus Requirements Under 18 U.S.C. §§ 1962(C) And 1964(C), Randy D. Gordon
Faculty Scholarship
The complicated structure of the Racketeering Influenced and Corrupt Organizations Act makes it difficult to determine when “ordinary” crimes spill over into RICO violations. This Article examines and synthesizes various “nexus” requirements that courts have devised to separate non-RICO crimes from full-blown RICO violations. The Article concludes with a discussion of the United States Supreme Court’s recent holding in Anza v. Ideal Steel Supply Corporation, 126 S. Ct. 1991 (2006), which sharply limits certain types of civil RICO claims.
Dual Subordination: Muslim Sexuality In Secular And Religious Legal Discourse In India, Aziza Ahmed
Dual Subordination: Muslim Sexuality In Secular And Religious Legal Discourse In India, Aziza Ahmed
Faculty Scholarship
Muslim women and Muslim members of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community face a specific form of dual subordination in relation to their gender and sexuality. A Muslim woman might seek solace from India's patriarchal religious judicial structures only to find that the secular system's patriarchal structures likewise aid in their subordination and create a space for new forms of such subordination. Similarly, a marginalized LGBT Muslim might attempt to reject an oppressive religious formulation only to come to find that the secular Indian state might criminalize a particular form of sexuality. This analysis explores how Indian laws …
The Unitary Executive, Jurisdiction Stripping, And The Hamdan Opinions: A Textualist Response To Justice Scalia, Steven G. Calabresi, Gary S. Lawson
The Unitary Executive, Jurisdiction Stripping, And The Hamdan Opinions: A Textualist Response To Justice Scalia, Steven G. Calabresi, Gary S. Lawson
Faculty Scholarship
In Hamdan v. Rumsfeld, a five to three majority of the United States Supreme Court held unlawful the Bush Administration's use of military commissions to try alien combatant detainees held at the United States airbase in Guantanamo Bay, Cuba-at least until and unless Congress enacted more specific authorization for the composition and procedures of the commissions. 1 There are many features of the Court's opinion that we find questionable: its analysis of the wartime scope of the "executive Power"2 vested in the President by Article II of the Constitution,3 its construction of the statutes that supposedly limit the President's power …
Mapping The New Frontiers Of Private Ordering: Afterword, Martha M. Ertman
Mapping The New Frontiers Of Private Ordering: Afterword, Martha M. Ertman
Faculty Scholarship
Defining the limits of contract is an important project in contemporary contracts scholarship. Professor Ertman’s Afterword to the University of Arizona symposium on Mapping the Frontiers of Private Ordering situates the symposium papers within a larger positive and normative discourse. Suggesting that “private ordering” better describes the current reach of contractual thinking, she contends that, the symposium papers depart from conventional wisdom by examining the upside of private ordering for have-nots. While some of the contributions warn of dangers to employees and other systemically disadvantaged parties from full throttle contractualization, even the protections by the most skeptical scholar fall comfortably …
What Is A Twentieth-Century Constitution?, Peter E. Quint
What Is A Twentieth-Century Constitution?, Peter E. Quint
Faculty Scholarship
At present, almost all of the constitutions in the world are twentieth-century constitutions; indeed, most of them were not adopted until the second half of the twentieth century. Accordingly, the eighteenth-century Constitution of the United States -- which includes the original constitution of 1787-89; the first ten amendments, adopted in 1791; and the Eleventh Amendment, adopted in 1798 -- antedates most other constitutions of the world by at least 150 years. Using the eighteenth-century Constitution of the United States as a form of base-line (a method that may be parochial, but one that I think also has a lot to …
Ruminations On The Past, Present And Future Of International Labor Standards: Empowering Law In The Brave New Economic World, Marley S. Weiss
Ruminations On The Past, Present And Future Of International Labor Standards: Empowering Law In The Brave New Economic World, Marley S. Weiss
Faculty Scholarship
International labor standards are among the oldest international standards pertaining to the conduct of private, as well as public, economic actors. Far from being settled, however, nearly every aspect of the current international labor standards regime is in flux: the role of labor standards in the international legal, economic, political, and social order, as well as in the parallel domestic orders; the modes by which standards are brought into being; the manner and means of their implementation and enforcement; the degree to which they may be binding solely on nation-state parties, and enforceable only at their behest; and the extent …
Judicial Deference To Administrative Agencies And Its Limits, Graham G. Martin, David A. Super
Judicial Deference To Administrative Agencies And Its Limits, Graham G. Martin, David A. Super
Faculty Scholarship
No abstract provided.
Introduction To The Tenth Anniversary Issue Of The Journal Of Health Care Law & Policy , Karen H. Rothenberg, Diane E. Hoffmann
Introduction To The Tenth Anniversary Issue Of The Journal Of Health Care Law & Policy , Karen H. Rothenberg, Diane E. Hoffmann
Faculty Scholarship
No abstract provided.
Public Safety And Criminal Jurisdiction, Conference Transcript: The New Realism: The Next Generation Of Scholarship In Federal Indian Law, Kevin Washburn
Public Safety And Criminal Jurisdiction, Conference Transcript: The New Realism: The Next Generation Of Scholarship In Federal Indian Law, Kevin Washburn
Faculty Scholarship
No abstract provided.
Toward A New Civil Rights Framework, Guy-Uriel Charles
Toward A New Civil Rights Framework, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
The Perpetual Anxiety Of Living Constitutionalism, Ethan J. Leib
The Perpetual Anxiety Of Living Constitutionalism, Ethan J. Leib
Faculty Scholarship
It certainly seems like the originalists are winning. Professor Jack Balkin--finding that he couldn't beat 'em--joined them. Living constitutionalists used to turn to Balkin as a reliable advocate; he recently wrote “we are all living constitutionalists now.” But Balkin has forsaken them. Losing such an important advocate might be a sign that what some once deemed the “ascendant” and dominant theory in constitutional interpretation is on the decline. Still, don't count living constitutionalism out of the game just yet--and don't think one can embrace Balkin's approach and a true living constitutionalism at the same time.
How A Marriage Discrimination Amendment Would Disrespect Democracy In Minnesota, Anthony S. Winer
How A Marriage Discrimination Amendment Would Disrespect Democracy In Minnesota, Anthony S. Winer
Faculty Scholarship
The proposed marriage discrimination amendment to the Minnesota Constitution is profoundly anti-democratic. It is extremely wide-ranging in its scope, it obliterates the opportunity of the LGBT community to legislatively advance its interests in the area, it falsely assumes characteristics of the state judiciary that do not in fact exist, and it is drafted with language that is particularly hostile to LGBT concerns and democracy in general. It was a triumph for reason and democracy that this amendment was defeated in 2006. It should never be introduced again. In the unfortunate event that it is introduced again, it should be resoundingly …
Creating Language Crimes: How Law Enforcement Uses (And Misuses) Language, Lawrence M. Solan
Creating Language Crimes: How Law Enforcement Uses (And Misuses) Language, Lawrence M. Solan
Faculty Scholarship
No abstract provided.
Shifting Paradigms Of Parochialism: Lessons For International Trade Law, Elizabeth Trujillo
Shifting Paradigms Of Parochialism: Lessons For International Trade Law, Elizabeth Trujillo
Faculty Scholarship
Much of the study of international private law has focused on exploring differences in legal systems in light of domestic issues or harmonization. Much less emphasis has been on accepting these various parochial interests as part of a global legal structure. This preliminary study into what drives parochial attitudes can help international trade scholars observe the traditions engendering these differing parochial attitudes and their impact on trade. Through a pluralist lens and in borrowing from studies in the social sciences on parochialism, this paper attempts to bring to light a world of "hybrid legal spaces" that adds complexity to the …
A Novel Category Of Vague Abstracta, Jeffrey C. Goodman
A Novel Category Of Vague Abstracta, Jeffrey C. Goodman
Faculty Scholarship
Much attention has been given to the question of ontic vagueness, and the issues usually center around whether certain paradigmatically concrete entities – cats, clouds, mountains, etc. – are vague in the sense of having indeterminate spatial boundaries. In this paper, however, I wish to focus on a way in which some abstracta seem to be locationally vague. To begin, I will briefly cover some territory already covered regarding certain types of “traditional” abstracta and the ways they are currently alleged to be vague. I then wish to discuss two types of “nontraditional” abstracta and the sense in which I …
Access To Scientific And Technological Knowledge: Unesco's Past, Present And Future Roles, Jerome H. Reichman, Paul F. Uhlir, Heather J. Ritch
Access To Scientific And Technological Knowledge: Unesco's Past, Present And Future Roles, Jerome H. Reichman, Paul F. Uhlir, Heather J. Ritch
Faculty Scholarship
No abstract provided.
Comments On The European Commission’S Proposal For A Regulation Of The European Parliament And The Council On The Law Applicable To Contractual Obligations (Rome I), Ralf Michaels, Jürgen Basedow, Wolfgang Wurmnest
Comments On The European Commission’S Proposal For A Regulation Of The European Parliament And The Council On The Law Applicable To Contractual Obligations (Rome I), Ralf Michaels, Jürgen Basedow, Wolfgang Wurmnest
Faculty Scholarship
No abstract provided.
Race-Ing Patents/Patenting Race: An Emerging Political Geography Of Intellectual Property In Biotechnology, Jonathan Kahn
Race-Ing Patents/Patenting Race: An Emerging Political Geography Of Intellectual Property In Biotechnology, Jonathan Kahn
Faculty Scholarship
This article applies insights from critical race theory to examine an emerging phenomenon in biotechnology research and product development. The strategic use of race as a genetic category to obtain patent protection and drug approval. A dramatic rise in the use of race in biotechnology patents indicates that researchers and affiliated commercial enterprises are coming to see social categories of race as presenting opportunities for gaining, extending, or protecting monopoly market protection for an array of biotechnological products and services. Racialized patents are also providing the basis for similarly race-based clinical trial designs, drug development, capital raising and marketing strategies …