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Articles 16351 - 16380 of 25435
Full-Text Articles in Entire DC Network
Balancing The Five Hundred Hats: On Being A Legal Educator/Scholar/Activist, Susan Herman
Balancing The Five Hundred Hats: On Being A Legal Educator/Scholar/Activist, Susan Herman
Faculty Scholarship
No abstract provided.
Probability Misestimates In Medical Care, Bailey Kuklin
Probability Misestimates In Medical Care, Bailey Kuklin
Faculty Scholarship
No abstract provided.
Foreign And International Law In Constitutional Gay Rights Litigation: What Claims, What Use And Whose Law?, William D. Araiza
Foreign And International Law In Constitutional Gay Rights Litigation: What Claims, What Use And Whose Law?, William D. Araiza
Faculty Scholarship
No abstract provided.
Keep It Simple: An Explanation Of The Rule Of No Recovery For Pure Economic Loss, Anita Bernstein
Keep It Simple: An Explanation Of The Rule Of No Recovery For Pure Economic Loss, Anita Bernstein
Faculty Scholarship
No abstract provided.
Secrecy In Context: The Shadowy Life Of Civil Rights Litigation, Minna J. Kotkin
Secrecy In Context: The Shadowy Life Of Civil Rights Litigation, Minna J. Kotkin
Faculty Scholarship
No abstract provided.
Peril Invites Rescue: An Evolutionary Perspective, Bailey Kuklin
Peril Invites Rescue: An Evolutionary Perspective, Bailey Kuklin
Faculty Scholarship
No abstract provided.
Practicing What We Preach: Humane Treatment For Detainees In The War On Terror, Jennifer Moore
Practicing What We Preach: Humane Treatment For Detainees In The War On Terror, Jennifer Moore
Faculty Scholarship
This article sets forth both principled and pragmatic arguments for the fair and humane treatment of all individuals detained in the war on terror derived from both U.S. and international law. Section II explores the human dimension of the "war on terror." Section IIA critiques the use of the metaphor of war to characterize counter-terrorism policy. Section IIB examines the experiences of several individuals apprehended by the United States on suspicion of involvement in terrorism, including the response of U.S. courts to their detention without charge as "unlawful combatants." Section III offers possible explanations for the phenomenon by which the …
Denial, Antoinette M. Sedillo Lopez
Tribal Self-Determination At The Crossroads, Kevin Washburn
Tribal Self-Determination At The Crossroads, Kevin Washburn
Faculty Scholarship
The tribal self-determination initiative that began transforming federal Indian policy thirty years ago has reached a crossroads. Despite its transformative effects on tribal governments and the widespread belief that self-determination has been a successful federal approach to Indian affairs, no significant new self-determination program has been initiated at the congressional level in several years. This Article looks to the tribal self-determination initiative's past to gain insights about its future. It also briefly surveys existing tribal self-determination programs and concludes that far more work needs to be done to achieve tribal self-determination. Drawing on the author's broader work, it finds one …
Defending The Future Voices Of Critical Race Feminism, Margaret E. Montoya
Defending The Future Voices Of Critical Race Feminism, Margaret E. Montoya
Faculty Scholarship
No abstract provided.
Deflating The Deference Myth: National Interests Vs. State Authority Under Federal Laws Affecting Water Use, Reed D. Benson
Deflating The Deference Myth: National Interests Vs. State Authority Under Federal Laws Affecting Water Use, Reed D. Benson
Faculty Scholarship
This Article seeks to separate the myth from the reality of federal deference to state water allocation authority. Section I briefly addresses background principles of state water law and federal constitutional law, and Section II traces the early history of deference prior to 1910. Section III analyzes three federal statutory schemes and Supreme Court cases applying them, suggests that each represents a different level of federal deference, and distills a few principles for analyzing deference under federal statutes. Section IV addresses deference issues arising in the context of the CWA and the ESA, applying the principles identified in the previous …
Symposium Introduction: International Law Confronts The Global Economy: Labor Rights, Human Rights, And Democracy In Distress, Timothy A. Canova
Symposium Introduction: International Law Confronts The Global Economy: Labor Rights, Human Rights, And Democracy In Distress, Timothy A. Canova
Faculty Scholarship
Timothy Canova, Symposium Introduction: International Law Confronts the Global Economy: Labor Rights, Human Rights, and Democracy in Distress, 13 Chapman Law Review 1 (2006). As the pace of globalization has intensified, lawyers and scholars continue to develop an appreciation for the many ways their own areas of expertise and practice relate to the global economy. This symposium issue of the Chapman Law Review, featuring papers presented at the inaugural conference of Chapman University's Center for Global Trade & Development, reflects the dynamic and evolving relationship between international law and the global economy, and the profound impacts of each on …
As A Last Resort, Ask The Students: What They Say Makes Someone An Effective Law Teacher, James B. Levy
As A Last Resort, Ask The Students: What They Say Makes Someone An Effective Law Teacher, James B. Levy
Faculty Scholarship
No abstract provided.
An Appraisal Of "Fair Value" In The Revised Corporate Appraisal Statute Section 1.01, Marilyn Blumberg Cane
An Appraisal Of "Fair Value" In The Revised Corporate Appraisal Statute Section 1.01, Marilyn Blumberg Cane
Faculty Scholarship
Marilyn Cane, An Appraisal of "Fair Value" in the Revised Corporate Appraisal Statute Section 1.01, 30 Nova Law Review 333 (2006).
1031 Tenant In Common Exchanges: A "Tic" King Time Bomb At The Intersection Of Real Estate Securities, And Tax Law?,, Marilyn Blumberg Cane
1031 Tenant In Common Exchanges: A "Tic" King Time Bomb At The Intersection Of Real Estate Securities, And Tax Law?,, Marilyn Blumberg Cane
Faculty Scholarship
Marilyn Cane, 1031 Tenant in Common Exchanges: A "TIC" king Time Bomb at the Intersection of Real Estate, Securities, and Tax Law?, 14 University of Miami Business Law Review 273 (2006). Those who follow economic trends know that investing in real estate has recently become a hotbed of activity. In response to the stock market's unpredictability, investors have been drawn to the commercial real estate market in record numbers, seeking to capitalize on low interest rates coupled with the rising appreciation such properties have offered. In addition to the potential upside of such investments, many commercial property investors seek …
Domestic Violence And The Lawyer As Good Samaritan: What Responsibility To Become Involved?, Debra Moss Curtis
Domestic Violence And The Lawyer As Good Samaritan: What Responsibility To Become Involved?, Debra Moss Curtis
Faculty Scholarship
In the United States, "Good Samaritan" laws are designed to protect from liability--in case things go wrong--those who choose to aid an injured stranger. The idea is to "reduce bystander's hesitation to assist" those in distress. Good Samaritan laws are clearly intended to cover immediate physical harm, as they tend to include the provision of first aid and the relief of the responsibility when trained assistance arrives. In other countries, Good Samaritan laws actually may require citizens to assist people, as long as it would not cause harm to the helper. These legal requirements were famously put into play recently …
Everything I Wanted To Know About Teaching Law School I Learned From Being A Kindergarten Teacher: Ethics In The Law School Classroom, Debra Moss Curtis
Everything I Wanted To Know About Teaching Law School I Learned From Being A Kindergarten Teacher: Ethics In The Law School Classroom, Debra Moss Curtis
Faculty Scholarship
This article discusses the ethics of teaching law school. It was not until the 1920s and 1930s that full-time law teachers, rather than part-time practitioners or judges, held the main responsibility for teaching at many law schools. When this shift began to occur, the field of "law professor" was born, and there arose the need for rules in all areas governing law professors, including ethics. Today, most law professors in the United States are members of both the legal and teaching professions and therefore must comply with the ethical rules of each profession. However they may be professionally licensed, law …
Acquiring And Managing Identity Interests, Jon M. Garon
Acquiring And Managing Identity Interests, Jon M. Garon
Faculty Scholarship
Jon M. Garon, Acquiring and Managing Identity Interests, 1 FLA. ENT. L. REV. 39 (2006). Modern media licenses involving Internet sites, video games, multimedia projects, and independent motion pictures follow the publishing industry’s shifts of power and control. Those acquiring rights have significant leverage at the outset but lose that power as completion deadlines near. Marketing leverage depends significantly on the importance of the participants to the marketing strategy, so that if live appearances are critical to marketing, then those individuals have much more influence than for those projects where the persons involved are excluded from marketing. In addition, these …
The Federal Definition Of Tax Partnership, Bradley T. Borden
The Federal Definition Of Tax Partnership, Bradley T. Borden
Faculty Scholarship
No abstract provided.
A Privacy Right To Public Recognition Of Family Relationships - The Cases Of Marriage And Adoption, David D. Meyer
A Privacy Right To Public Recognition Of Family Relationships - The Cases Of Marriage And Adoption, David D. Meyer
Faculty Scholarship
No abstract provided.
Strengthening Auditor Independence: Reestablishing Audits As Control And Premium Signaling Mechanisms, Sean O'Connor
Strengthening Auditor Independence: Reestablishing Audits As Control And Premium Signaling Mechanisms, Sean O'Connor
Faculty Scholarship
No abstract provided.
Immunity Or Impunity The Potential Effect Of Prosecutions Of State Officials For Core International Crimes In States Like The United States That Are Not Parties To The Statute Of The International, Mark A. Summers
Faculty Scholarship
No abstract provided.
Radke V. County Of Freeborn: The Return Of The Public Duty Rule?, Mehmet K. Konar-Steenberg
Radke V. County Of Freeborn: The Return Of The Public Duty Rule?, Mehmet K. Konar-Steenberg
Faculty Scholarship
Article explores when Minnesota law provides a cause of action against government actors who are negligent in the performance of their duties. Part II of this Article traces the separate development of the common law public duty rule and the implied statutory cause of action analysis. Part III examines the Hoppe case, where the supreme court seemed to hold that the absence of an implied statutory cause of action precluded the existence of a common law cause of action. Part IV then assesses the Radke court’s effort to resolve the confusion flowing from Hoppe.
In Praise Of Contextuality - Justice O'Connor And The Establishment Clause, Marie Failinger
In Praise Of Contextuality - Justice O'Connor And The Establishment Clause, Marie Failinger
Faculty Scholarship
Among Justice Sandra Day O’Connor’s lasting contributions to Supreme Court Jurisprudence has been her attempt to contextualize Religion Clause jurisprudence, to move the Court in the direction of considering the circumstances surrounding government in assessing its constitutionality. Typical of this contributor has been her two decades of work in Establishment Clause law, in particular, ended by Lynch v. Donnelly, in which she introduced the “non-endorsement” test and one of the Ten Commandment cases, McCreary County, Kentucky v. American Civil Liberties Union, in which it was most recently employed. The non-endorsement test has served as one of the two commonly competing …
The Freedom Of Intimate Association In The Twenty First Century, Nancy C. Marcus
The Freedom Of Intimate Association In The Twenty First Century, Nancy C. Marcus
Faculty Scholarship
This article contends that recent developments in the Supreme Court's jurisprudence have created a historic opportunity for the Court to revisit and clarify its freedom of intimate association doctrine. The article traces the history of the freedom of intimate association, explaining how the Supreme Court in Roberts v. United States Jaycees, the first decision explicitly articulating a right to intimate association, failed to describe the parameters and contours of that right with enough precision to sufficiently guide later decisions. The article describe the resulting split among the circuits in their efforts to implement Roberts' intimate association guidelines, with some circuits …
The States "Race" With The Federal Government For Stem Cell Research, Joanna K. Sax
The States "Race" With The Federal Government For Stem Cell Research, Joanna K. Sax
Faculty Scholarship
The goal of this paper is to analyze and explain the impact of state legislation and funding on the future of stem cell research. Without federal law regulating stem cell research, funding by states and private organizations may spur competition to attract and retain leading scientists and industry in individual states. Alternatively, state-funded stem cell research may incite the federal government to react either positively or negatively to pre-empt state and private action. Traditionally, most support for scientific research comes in the form of grants from the National Institutes of Health (NIH). Due to the practical ban on stem cell …
Blameworthiness, Intent And Cultural Dissonance, Nancy Kim
Blameworthiness, Intent And Cultural Dissonance, Nancy Kim
Faculty Scholarship
Criminal law assumes that the judge and jury share the same cultural and experiential framework as the defendant; accordingly, crimes are defined with this assumption as an underlying premise. In this article, I will explain how the determination of mens rea often fails to reflect culpability because the definition of crimes fail to account for the cultural dissonance that often exists between the judge/juror and the accused. In this Article, I propose an analysis and reconceptualization of intent that bridges gaps in perception and understanding attributable to cultural dissonance.
Aals As Creative Problem Solver: Implementing Bylaw 6-4(A) To Prohibit Discrimination On The Basis Of Sexual Orientation In Legal Education, Barbara Cox
Faculty Scholarship
I wrote this article because it is important for the legal education community to understand the important leadership that the AALS has provided in lessening the discrimination that sexual minorities encounter in legal education, and to know of the challenges and problems it encountered in making Bylaw 6-4(a) into more than a membership requirement in name only.
Overruling The Jury: Duncan V. Gmc And Appellate Treatment Of Hostile Work Environment Judgments, Dara Purvis
Overruling The Jury: Duncan V. Gmc And Appellate Treatment Of Hostile Work Environment Judgments, Dara Purvis
Faculty Scholarship
In 2002, the Eighth Circuit reversed a one million dollar jury award to the plaintiff in a sexual harassment suit against General Motors Corporation. This reversal demonstrates the danger of appellate review of such verdicts, limiting sexual harassment verdicts to the lowest common denominator in that circuit.
“Inextricably Intertwined” Explicable At Last?: Rooker-Feldman Analysis After The Supreme Court’S Exxon Mobil Decision, Thomas D. Rowe Jr., Edward L. Baskauskas
“Inextricably Intertwined” Explicable At Last?: Rooker-Feldman Analysis After The Supreme Court’S Exxon Mobil Decision, Thomas D. Rowe Jr., Edward L. Baskauskas
Faculty Scholarship
The Supreme Court's March 2005 decision in 'Exxon Mobil Corp. v. Saudi Basic Industries Corp.' substantially limited the "Rooker-Feldman" doctrine, under which lower federal courts largely lack jurisdiction to engage in what amounts to de facto review of state-court decisions. Exxon Mobil's holding is quite narrow--entry of a final state-court judgment does not destroy federal-court jurisdiction already acquired over parallel litigation. But the Court's articulation of when Rooker-Feldman applies, and its approach in deciding the case, have significant implications for several aspects of Rooker-Feldman jurisprudence. Chief among our claims is that although the Court did not expressly repudiate or limit …