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Articles 17641 - 17670 of 25434
Full-Text Articles in Entire DC Network
Race To The Top Of The Corporate Ladder: What Minorities Do When They Get There, Mitu Gulati, Devon W. Carbado
Race To The Top Of The Corporate Ladder: What Minorities Do When They Get There, Mitu Gulati, Devon W. Carbado
Faculty Scholarship
Racing to the top of the corporate hierarchy is difficult, no matter how qualified or capable the candidate. Producing more widgets than one's competitors is not enough. Negotiating the political landscape of the institution is also required. More specifically, individual corporate officers have to be appeased, powerful interest groups have to be co-opted and made allies, and competitors have to be undermined or eliminated. The more beaurocratic the organization and the more opaque the promotion process, the more important this institutional game to climbing the corporate ladder. This article identifies the kind of racial minorities or racial types who are …
Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler
Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler
Faculty Scholarship
Risk assessment is now a common feature of regulatory practice, but fear assessment is not. In particular, environmental, health and safety agencies such as EPA, FDA, OSHA, NHTSA, and CPSC, commonly count death, illness and injury as costs for purposes of cost-benefit analysis, but almost never incorporate fear, anxiety or other welfare-reducing mental states into the analysis. This is puzzling, since fear and anxiety are welfare setbacks, and since the very hazards regulated by these agencies - air or water pollutants, toxic waste dumps, food additives and contaminants, workplace toxins and safety threats, automobiles, dangerous consumer products, radiation, and so …
When Does Government Limit The Impact Of Voter Initiatives?, Elisabeth R. Gerber
When Does Government Limit The Impact Of Voter Initiatives?, Elisabeth R. Gerber
Faculty Scholarship
Citizens use the initiative process to make new laws. Many winning initiatives, however, are altered or ignored after Election Day. We examine why this is, paying particular attention to several widely-ignored properties of the post-election phase of the initiative process. One such property is the fact that initiative implementation can require numerous governmental actors to comply with an initiative’s policy instructions. Knowing such properties, the question then becomes: When do governmental actors comply with winning initiatives? We clarify when compliance is full, partial, or not at all. Our findings provide a template for scholars and observers to better distinguish cases …
The Muddled Duty To Disclose Under Rule 10b-5, Donald C. Langevoort, G. Mitu Gulati
The Muddled Duty To Disclose Under Rule 10b-5, Donald C. Langevoort, G. Mitu Gulati
Faculty Scholarship
No abstract provided.
A Tournament Of Judges?, Stephen Choi, Mitu Gulati
A Tournament Of Judges?, Stephen Choi, Mitu Gulati
Faculty Scholarship
We suggest a Tournament of Judges where the reward to the winner is elevation to the Supreme Court. Politics (and ideology) surely has a role to play in the selection of justices. However, the present level of partisan bickering has resulted in delays in judicial appointments as well as undermined the public's confidence in the objectivity of justices selected through such a process. More significantly, much of the politicking is not transparent, often obscured with statements on a particular candidate's "merit"- casting a taint on all those who make their way through the judicial nomination process. We argue that the …
Welcome To The Dark Side: Liberals Rediscover Federalism In The Wake Of The War On Terror, Ernest A. Young
Welcome To The Dark Side: Liberals Rediscover Federalism In The Wake Of The War On Terror, Ernest A. Young
Faculty Scholarship
No abstract provided.
Politics, Power, And Public Health: A Comment On Public Health’S New World Order, Laurence R. Helfer
Politics, Power, And Public Health: A Comment On Public Health’S New World Order, Laurence R. Helfer
Faculty Scholarship
No abstract provided.
International Law, International Relations Theory, And Preemptive War: The Vitality Of Sovereign Equallity Today Case Studies In Conservative And Progressive Legal Orders, Thomas H. Lee
Faculty Scholarship
Although sovereign equality - the norm that all sovereign states are entitled to the same bundle of rights on the international plane - has long been a central norm of international law, its retention in the realm of preemptive war is fairly to be questioned when one sovereign state possesses overwhelming military power. In this Article, Professor Lee examines the historical and normative foundations of sovereign equality, finds them wanting under the condition of a militarily supreme republican state, but defends the norm on the pragmatic ground of what is best for the supreme state to defend itself against covert, …
Toward An Indigenous Jurisprudence Of Rape, Sarah Deer
Toward An Indigenous Jurisprudence Of Rape, Sarah Deer
Faculty Scholarship
This article sets forth some preliminary issues and perspectives for the development of indigenous models of rape jurisprudence. Part I examines the reasons for and importance of developing an indigenous jurisprudence of rape. Part II addresses tribal jurisdiction issues, particularly the current limitations on tribal authority. Part III provides a historical context for the issue, including examples of the role of colonization in the responses to sexual violence. Part IV shares some visions for the development of a contemporary jurisprudence of rape for indigenous nations.
Joint And Several Liability In Minnesota: The 2003 Model, Michael K. Steenson
Joint And Several Liability In Minnesota: The 2003 Model, Michael K. Steenson
Faculty Scholarship
The 2003 amendment to Minnesota’s Comparative Act can be assessed in various ways. Whether it will have the economic impact its proponents suggest it will have is a question that is not susceptible of a ready answer now, or perhaps in the immediate future. From a fairness standpoint, any assessment of the amendment has to take into consideration the full reach of the Comparative Fault Act. It is important to understand that on balance the Act works to the disadvantage of the plaintiff in a variety of ways. The plaintiff cannot recover if the plaintiff’s fault is greater than the …
Old Lyrics, Knock-Off Videos, And Copycat Comic Books: The Fourth Fair Use Factor In U.S. Copyright Law, Gregory M. Duhl
Old Lyrics, Knock-Off Videos, And Copycat Comic Books: The Fourth Fair Use Factor In U.S. Copyright Law, Gregory M. Duhl
Faculty Scholarship
This article examines the fourth fair use factor in copyright law in cases in which the unlicensed use benefits, or has no effect on, the copyright holder's market. It proposes a two-part framework for these cases. If the unlicensed use is transformative or public, and the use does not harm the copyright holder's market, the copyright holder's economic expectancy is protected, and the user should not have to pay damages, analogous to the law of eminent domain. In cases in which the unlicensed use is private, the court should protect the rights of the copyright holder with damages, even if …
A Thirtieth Anniversary Tribute To The William Mitchell Law Review, Michael K. Steenson
A Thirtieth Anniversary Tribute To The William Mitchell Law Review, Michael K. Steenson
Faculty Scholarship
Article, a tribute to the William Mitchell Law Review on its thirtieth anniversary, traces the history of the first issue of the Law Review.
The Open Source Biotechnology Movement: Is It Patent Misuse?, Robin Feldman
The Open Source Biotechnology Movement: Is It Patent Misuse?, Robin Feldman
Faculty Scholarship
No abstract provided.
Disloyalty Among "Men In Arms": Korean War Pows At Court-Martial, Elizabeth L. Hillman
Disloyalty Among "Men In Arms": Korean War Pows At Court-Martial, Elizabeth L. Hillman
Faculty Scholarship
No abstract provided.
Introduction And Congratulations, Mary Kay Kane
Introduction And Congratulations, Mary Kay Kane
Faculty Scholarship
No abstract provided.
A Key Influence On The Doctrine Of Actual Malice: Justice William Brennan's Judicial Philosophy At Work In Changing The Law Of Seditious Libel, Carlo A. Pedrioli
A Key Influence On The Doctrine Of Actual Malice: Justice William Brennan's Judicial Philosophy At Work In Changing The Law Of Seditious Libel, Carlo A. Pedrioli
Faculty Scholarship
In light of the historical change in the law of seditious libel that New York Times v. Sullivan (1964) prompted and the need for further exploration of the human factors behind the case, this article gives attention to William Brennan’s judicial philosophy at work in the case. The article defines judicial philosophy as a system of guiding principles upon which a judge calls in the process of legal decision-making. Specifically, the article explains how, through Times v. Sullivan, Brennan’s instrumentalist judicial philosophy had an important influence on changing the course of legal protection for criticism of the government in the …
The Child Status Protection Act: Does Immigration Math Solve The Family Unity Equation?, Shane Dizon
The Child Status Protection Act: Does Immigration Math Solve The Family Unity Equation?, Shane Dizon
Faculty Scholarship
No abstract provided.
Auctioning For Loyalty: Selection And Monitoring Of Class Counsel, Alex Stein, Alon Harel
Auctioning For Loyalty: Selection And Monitoring Of Class Counsel, Alex Stein, Alon Harel
Faculty Scholarship
No abstract provided.
The Sarbanes-Oxley Act: A Bird's-Eye View, Niels Schaumann
The Sarbanes-Oxley Act: A Bird's-Eye View, Niels Schaumann
Faculty Scholarship
It is the goal of this article to provide a brief reference to the multitude of changes in the law wrought by SOX. The author's hope is that this will be of use to students, scholars, and practitioners seeking an overview of the extensive changes resulting from this legislation. The discussion is broader than it is deep; indeed, a work attempting to examine SOX in depth would soon become a treatise and not just an article. The remainder of this article, then, will seek to provide a big-picture view of SOX: Part II of this article will address SOX regulation …
Balancing Acts: The Rights Of Women And Cultural Minorities In Kenyan Marital Law, Catherine A. Hardee
Balancing Acts: The Rights Of Women And Cultural Minorities In Kenyan Marital Law, Catherine A. Hardee
Faculty Scholarship
In the postcolonial world, many developing nations struggle to manage significant populations of different ethnic groups, religions, and nationalities within their borders. There has been a concentrated effort on the part of many nations to provide protection for cultural groups, even to the extent of allowing cultural and religious groups to define the personal law that will govern their members. Often, however, the effort to provide freedom for cultural groups to practice their beliefs conflicts with the ideals of equality and choice for women that are central to the liberal feminist movement. In this Note, Catherine Hardee surveys the theoretical …
The California Supreme Court And State Constitutional Rights: The Early Years, Joseph R. Grodin
The California Supreme Court And State Constitutional Rights: The Early Years, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
Introduction: Brief Of Amici Curiae, William S. Dodge
Introduction: Brief Of Amici Curiae, William S. Dodge
Faculty Scholarship
No abstract provided.
Sexually Violent Predator Laws: Psychiatry In Service To A Morally Dubious Enterprise, Eric S. Janus
Sexually Violent Predator Laws: Psychiatry In Service To A Morally Dubious Enterprise, Eric S. Janus
Faculty Scholarship
This article discusses the role of psychiatrists in determining the treatment of sexually violent predators (SVP). Instead of being released at the end of their prison sentences, sex offenders in the USA who are judged mentally disordered and dangerous are being confined in secure "treatment facilities" for indeterminate terms. This novel and aggressive legislative tactic—embodied in US sexually violent predator laws—commandeers the traditional power of state mental health systems and puts it in service to a core function of the criminal justice system: the control of sexual violence. This transposition of "civil commitment" has forced psychiatry to legitimate and arbitrate …
Counting The Dragon's Teeth And Claws: The Definition Of Hard Paternalism, Thaddeus Mason Pope
Counting The Dragon's Teeth And Claws: The Definition Of Hard Paternalism, Thaddeus Mason Pope
Faculty Scholarship
n his classic 1897 essay, The Path of the Law, Oliver Wendell Holmes Jr. warned against blind imitation of the past and called for "enlightened skepticism" toward the law. He described the first step of this critical examination as getting "the dragon out of his cave and on to the plain and in the daylight" so that "you can count his teeth and claws and see just what is his strength." Over the past thirty years, disagreements over the appropriate definition of "paternalism" have often masked further disputes over the circumstances under which the restriction of substantially autonomous self-regarding conduct …
Gollum, Meet Smeagol: A Schizophrenic Rumination On Mediator Values Beyond Self Determination And Neutrality, James Coben
Gollum, Meet Smeagol: A Schizophrenic Rumination On Mediator Values Beyond Self Determination And Neutrality, James Coben
Faculty Scholarship
The author asserts that the exclusive reliance on the "Two Towers" of self-determination and neutrality as the foundation for mediation practice has inevitably left us with a process routinely characterized by mediator manipulation and deception. The "tricks" are tolerated by sophisticated repeat players, and absent transparency in practice, disturbingly not known to others. The evolution of mediation, from empowerment/community roots to corporate/court sustenance, is no surprise given the nation's journey through the Reagan revolution, the ideology of free markets, and the Supreme Court's unbridled support for freedom to contract in disputing. In short, mediation is at a crossroads needing to …
Pilgrimage Or Exodus?: Responding To Faculty Faith Diversity At Religious Law Schools, Marie Failinger
Pilgrimage Or Exodus?: Responding To Faculty Faith Diversity At Religious Law Schools, Marie Failinger
Faculty Scholarship
Religiously affiliated law schools have, for the most part, given little thought to the integration of faculty members who are from faith communities other than their own. The article will consider the question of how religiously affiliated law schools truly include faculty members of all religious faiths in the development of mission and community in such law schools, using the lens of the religious metaphors of pilgrimage and Exodus. After presenting this typology for critiquing law school practices, the author deconstructs the very premises of the question through the metaphors of pilgrimage and Exodus. The author argues that a proper …
Diversity Jurisdiction For Llcs? Basically, Forget About It, Daniel S. Kleinberger, Carter G. Bishop
Diversity Jurisdiction For Llcs? Basically, Forget About It, Daniel S. Kleinberger, Carter G. Bishop
Faculty Scholarship
No abstract provided.
The Reagan Doctrine, The 2003 Invasion Of Iraq, And The Role Of A Sole Superpower, Anthony S. Winer
The Reagan Doctrine, The 2003 Invasion Of Iraq, And The Role Of A Sole Superpower, Anthony S. Winer
Faculty Scholarship
The particular focus of the comparison in this Essay is the relationship of the Reagan Doctrine and the Bush Doctrine to the international law on the use of force. This comparison will yield some tentative conclusions about the consequences of the United States serving, in some senses, as the world's sole superpower.
Foreseeing Greatness - Measurable Performance Criteria And The Selection Of Supreme Court Justices Symposium: Empirical Measures Of Judicial Performance, James J. Brudney
Foreseeing Greatness - Measurable Performance Criteria And The Selection Of Supreme Court Justices Symposium: Empirical Measures Of Judicial Performance, James J. Brudney
Faculty Scholarship
This article contributes to an ongoing debate about the feasibility and desirability of measuring the merit of appellate judges - and their consequent Supreme Court potential - by using objective performance variables. Relying on the provocative and controversial tournament criteria proposed by Professors Stephen Choi and Mitu Gulati in two recent articles, Brudney assesses the Supreme Court potential of Warren Burger and Harry Blackmun based on their appellate court records. He finds that Burger's appellate performance appears more promising under the Choi and Gulati criteria, but then demonstrates how little guidance these quantitative assessments actually provide when reviewing the two …
Neutrality Agreements And Card Check Recognition: Prospects For Changing Paradigms , James J. Brudney
Neutrality Agreements And Card Check Recognition: Prospects For Changing Paradigms , James J. Brudney
Faculty Scholarship
The rise of neutrality agreements is a major development in labor-management relations in this country. The union movement's new approach to organizing displaces elections supervised by the National Labor Relations Board (NLRB) with negotiated agreements that provide for employers to remain neutral during an upcoming union campaign and (in most instances) for employees to decide if they wish to be represented through signing authorization cards rather than through a secret ballot election. Professor Brudney demonstrates the substantial role now being played by this contractually based approach to union organizing. He also explains why so many employers have agreed to neutrality …