Digital Commons Network^™

Professor Edward Cooper The Quintessential Reporter, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Remedies A Course Fit For Civil Procedure Teachers, David I. Levine

Faculty Scholarship

No abstract provided.

Cooperation And Litigation Thoughts On The American Experience, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Achieving Procedural Goals Through Indirection: The Use Of Ethics Doctrine To Justify Contingency Fee Caps In Mdl Aggregate Settlements, Morris A. Ratner

Faculty Scholarship

No abstract provided.

Mapping, Modeling, And The Fragmentation Of Environmental Law, Dave Owen

Faculty Scholarship

No abstract provided.

Conflicting Obligations: American Political Culture And The Law Of The Workplace, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

Living Up To Our Ideals: What Race Means In Higher Education Now, Frank H. Wu

Faculty Scholarship

No abstract provided.

The End Of Men?: Gender Flux In The Face Of Precarious Masculinity, Joan C. Williams

Faculty Scholarship

No abstract provided.

Edward Cooper As Curator Of The Civil Rules, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Professor Edward Cooper: The Quintessential Reporter, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Can The Blind Lead The Blind? Rethinking Equal Protection Jurisprudence Through An Empirical Examination Of Blind People's Understanding Of Race, Osagie K. Obasogie

Faculty Scholarship

No abstract provided.

Startup Ltd.: Tax Planning And Initial Incorporation Location, Susan C. Morse

Faculty Scholarship

No abstract provided.

A New Theory Of The State Corporate Income Tax: The State Corporate Income Tax As Retail Sales Tax Complement, Darien Shanske

Faculty Scholarship

No abstract provided.

Teaching Legal History In The First Year Curriculum, Christian G. Fritz

Faculty Scholarship

A look at how the course, Comparative and Historical Legal Perspectives (CHLP), help law students develop effectiveness and proficiency by introducing them to the common law tradition, develop a critical methodology and perspective in order to examine what has shaped law and the legal system.

You Can't Get There From Here: Elderly Prisoners, Prison Downsizing, And The Insufficiency Of Cost Cutting Advocacy, Elizabeth Rapaport

Faculty Scholarship

The prison population in the United States has peaked and begun to recede, reversing more than 30 years of growth. Mass incarceration is yielding to the imperative to reduce state budgets in recessionary times. As states turn away from the extravagant use of prison for nonviolent offenders, the percentage of the prison population serving long and life sentences for violent felonies will increase. By 2009 one in eleven prisoners were lifers. These are the prisoners growing old and dying in prison. High cost elderly prisoners who have aged out of crime should be good candidates for cost saving measures such …

Civic Education As An Instrument Of Social Mobility, Dawinder S. Sidhu

Faculty Scholarship

Economic inequality—the relative distance between the wealthy and the poor—is growing in the United States. Relatedly, social mobili-ty—the opportunity to rise economically—has stalled for many in the nation. This is most true for the urban poor, who experience extreme poverty and are trapped in American inner cities. Meaningful economic opportunity and robust public educational support are among the tradi-tionally discussed means by which the urban poor may attain enhanced economic and physical mobility. The question becomes whether civic education—an understanding of the structure and contents of the U.S. Constitution and of the American government more broadly—has any-thing to offer in …

Scattered And Dissonant: The Clean Air Act, Greenhouse Gases, And Implications For The Oil And Gas Industry, Alex Ritchie

Faculty Scholarship

In the midst of a domestic oil and gas production revolution, the Environmental Protection Agency (EPA) has constructed a web of findings and regulations to control greenhouse gas (GHG) emissions from stationary sources under the auspices of the Clean Air Act. This Article explores the theoretical and practical implications for the oil and gas industry of EPA’s Clean Air Act GHG regulatory regime that, in light of congressional paralysis, will continue to expand beyond major new and modified oil and gas facilities such as refineries and natural gas processing plants. Future rulemakings directly aimed at the oil and gas industry …

Law And Lawyers In The Incident Command System, Clifford J. Villa

Faculty Scholarship

ICS is a “management system designed to enable effective, efficient incident management by integrating a combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure.” Through the use of standardized positions (e.g., incident commander), common terminology (e.g., incident command post), and consistent management philosophies (e.g., unity of command), ICS seeks to facilitate the rapid integration of personnel from different agencies and entities into one organization to meet a common objective.

All The Missing Souls: A Personal History Of The War Crimes Tribunals By David Sheffer, Jennifer Laws

Faculty Scholarship

David Scheffer’s memoir records his firsthand experiences as the primary U.S. representative in the processes of building five war crimes tribunals between 1993 and 2006: the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone, the Extraordinary Chambers in the Court of Cambodia, and the International Criminal Court. This review analyzes the strengths and weaknesses of his work and makes recommendations to libraries regarding selection for their collections.

La Verdad, El Poder, Y La Liberacion, Christine Zuni Cruz

Faculty Scholarship

A Reflection on Margaret Montoya, Mascaras, Trenzas, y Grenas: Un/Masking the Self While Un/Braiding Latina Stories and Legal Discourse, 17 HARV. WOMENS L. J. 185 (1994), 15 CHICANO-LATINO L. REV. 1 (1994)' Professor Margaret Montoyas Mascaras, Trenzas y Grenas: Un/Masking The Self While Unbraiding Latina Stories and Legal Discourse1 was published during the first year of my entry into the legal academy as a visiting professor. This reflection on her influential article addresses three of the major themes that resonate most strongly for me. The first is the assimilative pull of the legal academic institution, the second is the power …

Avoiding Jeopardy, Without The Questions: Recovery Implementation Plans For Endangered Species In Western River Basins, Reed D. Benson

Faculty Scholarship

This article addresses Recovery Implementation Programs (RIPs) for endangered species in the context of four western river basins where the U.S. Bureau of Reclamation (USBR) is a key water supplier and manager. Rather than focus in detail on any particular program, this article addresses these RIPs as a group, representing an alternative approach to Endangered Species Act (ESA) compliance that has taken root in the western water context. Part I of this article provides context, outlining federal and state roles regarding water resources in the West. Part II explains the requirements of the ESA, focusing on federal agency obligations under …

Executive Summary On Reciprocity, Alexandra Siek, Barbara Lah, Daniel Marquez, Patrick Redmond

Faculty Scholarship

Law students Daniel Marquez and Patrick Redmond. under the supervision of University of New Mexico Law Librarians Barbara Lah and Alexandra Siek, researched the issue of reciprocity and bar membership. This is a short summary of the memorandum discussing the findings of that research. Collectively the memos discuss the following issues raised by reciprocity: l) the various forms of reciprocal licensing schemes: 2) the impact that reciprocal licensing has had on bar membership 3) a comparison of reciprocal licensing to admission pro hac vice; 4) legal issues such as constitutional concerns raised by the adoption or rejection of reciprocity; and …

Germany V. Italy And The Limits Of Horizontal Enforcement Some Reflections From A United States Perspective, Chimene Keitner

Faculty Scholarship

No abstract provided.

Representation For The Accused: Haiti's Thirst And A Role For Clinical Legal Education, Kate Bloch

Faculty Scholarship

No abstract provided.

Language Access Laws And Legal Issues: A Local Official's Guide, David Jung, Noemí O. Gallardo

Faculty Scholarship

No abstract provided.

Judicial Roles In Nonjudicial Functions, Nuno Garoupa, Tom Ginsburg

Faculty Scholarship

Judges perform nonjudicial functions in many contexts. Most jurisdictions regulate these functions in multiple ways, by statute and by custom. We provide a theory of judicial demand and judicial supply for nonjudicial functions. By teasing out the determinants of judicial involvement in nonjudicial functions, we show the potential market failures and the need for regulation. We suggest that some limitations on the judicial exercise of nonjudicial functions seem justified. However, these limits might vary across jurisdictions depending on institutional and contextual factors.

Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control, Daniel E. Walters

Faculty Scholarship

The idea of political control dominates our understanding of both what administrative law does and what it should do. This emphasis on political control, however, downplays the important ways that administrative law facilitates resistance to political control in administrative agencies. In this article, I offer studies of two instances in which agencies harnessed the power of seemingly standard administrative law litigation to resist the imposition of policies by political leadership. I classify these kinds of modes of resistance as instances of “litigation-fostered bureaucratic autonomy” and flesh out the mechanisms that drive the process. Acknowledging the role of such modes of …

Introduction To Volume 5 Of The Yearbook On Arbitration And Mediation, Nancy A. Welsh

Faculty Scholarship

Professor Welsh introduces Volume 5 of the Yearbook on Arbitration and Mediation.

How Nfib V. Sebelius Affects The Constitutional Gestalt, Lawrence B. Solum

Faculty Scholarship

The thesis of this essay is that the most important legal effects of the Supreme Court's decision in NFIB v. Sebelius are likely to be indirect. Sebelius marks a possible shift in what we can call the “constitutional gestalt” regarding the meaning and implications of the so-called “New Deal Settlement.” Before Sebelius, the consensus understanding was that New Deal and Warren Court cases had established a constitutional regime of plenary and virtually unlimited national legislative power under the Commerce Clause (which might be subject to narrow and limited carve outs protective of the core of state sovereignty).

After Sebelius …

Untoward Consequences: The Ironic Legacy Of Keyes V. School District No. 1, Rachel F. Moran

Faculty Scholarship

The Keyes case began with high hopes that desegregation would lead to educational equity for black and Latino students in the Denver Public Schools. The lawsuit made history by successfully using circumstantial evidence to establish intentional discrimination and bring court-ordered busing to a school system outside the South. In the intervening years, that initial success became laden with irony. Because Denver was a tri-ethnic community of whites, blacks, and Latinos, the litigation revealed the complexities of pursuing reform in a school district not defined by a history of black-white relations.

The courts had to decide whether Latinos would count as …