Digital Commons Network^™

Profiling Principle The Prosecution Of Wen Ho Lee And The Defense Of Asian Americans, Frank H. Wu

Faculty Scholarship

No abstract provided.

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 …

Class Certification Based On Merits Of The Claim, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

The Floodgates Of Strict Liability: Bursting Reservoirs And The Adoption Of Fletcher V. Rylands In The Guided Age, Jed Handelsman Shugerman

Faculty Scholarship

Part I presents an overview of Rylands v. Fletcher and then discusses the phases of the American response: the initial acceptance; the Northeastern rejections in the 1870s, which have been the basis for the erroneous scholarly conclusions; and the overlooked tide of acceptances across the country, beginning in the late 1880s and increasing in the 1890s. Part II places this wave of acceptance in its historical context of changing social forces, although these brief sketches are not the primary emphasis of this Note. First, during a period of rapid urbanization, a small number of courts sought to protect residential areas …

From Pirates To Partners: Protecting Intellectual Property In China In The Twenty-First Century, Peter K. Yu

Faculty Scholarship

During the late 1980s and early 1990s, the United States repeatedly threatened China with a series of economic sanctions, trade wars, non-renewal of most-favored-nation status, and opposition to entry into the World Trade Organization. Such threats eventually led to compromises by the Chinese government and the signing of intellectual property agreements in 1992, 1995, and 1996. Despite these agreements, intellectual property piracy remains rampant in China.

Although China initially had serious concerns about the United States's threats of trade sanctions, the constant use of such threats by the U.S. government has led China to change its reaction and approach. By …

Children In Poverty: In Search Of State And Federal Constitutional Protections In The Wake Of Welfare Reforms, April Land

Faculty Scholarship

The elimination of the federal entitlement to welfare and the shifting of essential policy making to states raises serious questions about the procedural due process rights of people in poverty. It also changes the focus of the legal battleground for welfare families, bringing important state constitutional issues into focus across the nation. Overall, the Article emphasizes that in exploring the potential constitutional protections for families in poverty, it will be important to focus on the detrimental effects that welfare reforms have on children. By emphasizing the impact that welfare cuts have on children, it may be possible to provide a …

Some Questions For Civil Society-Revivalists, Linda C. Mcclain, James E. Fleming

Faculty Scholarship

The Article raises some questions for proponents of reviving civil society as a cure for many of our nation's political, civic, and moral ills (whom McClain and Fleming designate as "civil society-revivalists"). How does civil society serve as "seedbeds of virtue" and foster self-government? Have liberal conceptions of the person corroded civil society and undermined self-government? Does the revivalists' focus on the family focus on the right problems? Have gains in equality and liberty caused the decline of civil society? Should we revive civil society or "a civil society"? Would a revitalized civil society support democratic self-government or supplant it? …

Accountability And Democracy In The Case Of Using Force Under International Auspices, Charlotte Ku, Harold K. Jacobson

Faculty Scholarship

This presentation derives from a large research project that has been more than three years in progress and reflects the work of a multinational team of lawyers, policy analysts, and political scientists. The project is supported by the Ford Foundation and will conclude at the end of 2000 with the completion of a book that will cover the experience of nine democracies in deploying their military forces under international auspices as this experience relates to two large questions.

The project examines two questions:

• What is the interactive relationship between international commitments and national constitutional and political requirements?
• How does this …

The Paradox Of Free Market Democracy: Rethinking Development Policy, Amy L. Chua

Faculty Scholarship

No abstract provided.

Law Making For The Baby Making: An Interpretive Approach To The Determination Of Legal Parentage, Marsha Garrison

Faculty Scholarship

No abstract provided.

Fora Available For Palestinian Refugee Restitution, Compensation And Related Claims, Susan M. Akram

Faculty Scholarship

This summary focuses on where Palestinian refugees can bring individual restitution and compensation claims. It does not discuss fora where claims for realizing the right of return might be made, although such claims will be mentioned as appropriate in the context of the discussions of restitution/compensation fora. Palestinian refugees do not at present have any forum immediately available in which they can file individual claims for restitution and/or compensation for losses sustained as a result of their expulsion from their lands and homes in 1948. The forum in which such claims would ordinarily be made is the place where the …

Colorism: A Darker Shade Of Pale, Taunya Lovell Banks

Faculty Scholarship

In this article, Professor Banks argues that colorism, skin tone discrimination against dark-skinned but not light-skinned blacks, constitutes a form of race-based discrimination. Skin tone discrimination coexists with more traditional forms of race discrimination that impact all blacks without regard to skin tone and phenotype, yet courts seem unwilling to recognize this point. Professor Banks uses employment discrimination cases to illustrate some courts' willingness to acknowledge subtler forms of race-based discrimination, like skin tone discrimination, for white ethnic and Latina/o plaintiffs, but not for black plaintiffs. The inability of courts to fashion coherent approaches to colorism claims involving black claimants …

Alternative Dispute Resolution And The Potential For Gender Bias, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

Moving The Climate Change Debate From Models To Proposed Legislation: Lessons From State Experience, John C. Dernbach

Faculty Scholarship

No abstract provided.

When A King Speaks Of God; When God Speaks To A King: Faith, Politics, Tax Exempt Status, And The Constitution In The Clinton Administration, Randy Lee

Faculty Scholarship

No abstract provided.

The Calm Before The Storm: First Amendment Cases In The 1998-99 Term, Joel Gora

Faculty Scholarship

No abstract provided.

Silence And Silencing: Their Centripetal And Centrifugal Forces In Cultural Expression, Pedagogy And Legal Discourse, Margaret E. Montoya

Faculty Scholarship

This article uses Critical Race Theory and LatCrit Theory in its analysis, methodologies, and purpose. I seek to disrupt silences around race and to provide the knowledge and skills for effective work on racial equity and justice. Language and voice have been subjects of great interest to scholars working in the areas of Critical Race Theory and Latina/o Critical Legal Theory. Silence, a counterpart of voice, has not, however, been well theorized. This Article is an invitation to attend to silence and silencing. The first part of the Article argues that one's use of silence is an aspect of communication …

O.J. As A Tale Of 2 Operas (Essays On The Trials Of The Century), Sherri L. Burr

Faculty Scholarship

The theme of this essay is that blacks and whites reacted differently to the O.J. criminal verdicts because they watched two different dramas unfold over the course of the trial. Many whites saw O.J. as the archetype of Otello, the heroic Moor who came to live within the midst of Europeans and married the lovely Desdemona, only to kill her in a jealous rage after she befriended another man. Many blacks perceived O.J.'s trial as a modernized Porgy and Bess, which features white police officers abusing power when they jail an innocent person because they are too lazy to search …

“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox

Faculty Scholarship

No abstract provided.

Weapons To Fight Insider Trading In The 21st Century: A Call For The Repeal Of Section 16(B), Michael H. Dessent

Faculty Scholarship

No abstract provided.

Time And Money: One State's Regulation Of Check-Based Loans, Deborah A. Schmedemann

Faculty Scholarship

This article, which is part narrative and part essay, describes one professor's experience working on “check cashing” (or “check-based loans”) cases at the Appalachian Research and Defense Fund in eastern Kentucky. Parts I and II describe the typical check-based loan transaction and its effects on low-income consumers. Part III recounts how the law of check-based loans has developed in Kentucky, during the professor’s time there and since. Part IV sets forth some observations about language and legal process, suggested by the preceding narrative.

Shooting From The Lip: United States V. Dickerson, Role [Im]Morality, And The Ethics Of Legal Rhetoric, Elizabeth Fajans, Mary R. Falk

Faculty Scholarship

No abstract provided.

Foreword: Still Unfinished, Ever Unfinished, Anita Bernstein

Faculty Scholarship

No abstract provided.

Measuring Culpability By Measuring Drugs? Three Reasons To Re-Evaluate The Rockefeller Drug Laws, Susan Herman

Faculty Scholarship

No abstract provided.

International Law - New Actors And New Technologies: Center Stage For Ngos, John King Gamble, Charlotte Ku

Faculty Scholarship

Technology and the information age are changing the allocation of power and authority in the international system with non-state actors such as intergovernmental organizations (IGOs) and nongovernmental organizations (NGOs) assuming decision-making roles previously reserved primarily to states. Professor David Johnston sees the information age as "creating deep and broad disruptive breaches in our society, disruptions equal to those of the agricultural or industrial revolutions." Professors Keohane and Nye believe that the information age will alter the power structure of governments. Jessica Mathews's stimulating article in Foreign Affairs argues both that the information revolution is shaking the foundations of state authority, …

Making History: Israeli Law And Historical Reconstruction, Eben Moglen

Faculty Scholarship

As Asher Maoz insightfully points out, governmental involvement in the ascertainment of historical truth – whether in court, by commission of inquiry, or in other ways – is directed at securing approval of a particular historical narrative, as a step toward imposing that narrative, to a greater or lesser extent, on those who disagree with it. This "official version" exists not only for the sorts of questions presented by the cases Maoz discusses, but also with respect to auto accidents, crimes of passion, and all the other historical reconstructions that form the substrate of "facts" upon which legal conclusions and …

The Role Of Strategic Management Planning In Improving The Representation Of Clients: A Child Advocacy Example, Jane M. Spinak

Faculty Scholarship

This article will discuss my experience managing a legal organization representing children – the Juvenile Rights Division (JRD) that Schinitsky began thirty-eight years ago – by exploring the interactive role that organizational management plays in enhancing the quality of child client representation. Part I briefly examines two issues: the historic and systemic context of court-based practice within JRD and the way in which changes in child welfare law and policies since 1979 have affected the ability of lawyers to represent child clients through this court-based practice. Part II presents a model for restructuring organizational conventions and patterns in order to …

The Challenges Of Globally Accessible Process, Peter L. Strauss

Faculty Scholarship

This chapter embraces the strategic use of the Internet for achieving new forms of transparency and participation in the regulatory cooperation process. It explores ‘the challenges of globally accessible process’ through the use of new information technologies. It holds that the incorporation of these technologies in agency processes at the US federal level has created possibilities for the most transparent, participatory, and broadly deliberative regulatory system in the world to become still more so. The Internet promises not merely to expand access to information about the substance and process of regulation, but also to ‘move the government closer to the …

Patents And Cumulative Innovation, Clarisa Long

Faculty Scholarship

Proprietary rights to the products of biomedical research have repeatedly been a source of controversy for over twenty years. Patents on biomedical innovations have allowed scientists, academics, and research institutions to raise research funds and have contributed to the growth of the biotechnology industry. But “one firm’s research tool may be another firm’s end product.” Patents have been a source of great concern for academic and basic researchers, who fear that proprietary rights to basic research results will hamper the progress of science, stifle the free flow of new knowledge and the dissemination of research results, and chill the research …

The Law And The Human Target In Information Warfare: Cautions And Opportunities, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.