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The ‘Blaine’ Debate: Must States Fund Religious Schools?, Laura S. Underkuffler Jan 2003

The ‘Blaine’ Debate: Must States Fund Religious Schools?, Laura S. Underkuffler

Faculty Scholarship

It is my view that efforts to force states to fund religious schools through voucher plans or otherwise will and should fail. My reasons for this conclusion are two-fold. First, there is no viable federal constitutional argument that states are required to fund religious institutions, including religious schools. Second, there are excellent reasons why the funding of religious institutions is very bad and dangerous policy—reasons which states are free to use as the groundings for their own policies, and which the decision in Zelman has left untouched.

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Tenure, Mitu Gulati, Devon W. Carbado Jan 2003

Tenure, Mitu Gulati, Devon W. Carbado

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No abstract provided.

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Under The Bridges Of Paris: Economic Liberties Should Not Be Just For The Rich, Erwin Chemerinsky Jan 2003

Under The Bridges Of Paris: Economic Liberties Should Not Be Just For The Rich, Erwin Chemerinsky

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No abstract provided.

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Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky Jan 2003

Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky

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No abstract provided.

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Authors At Work: The Origins Of The Work-For-Hire Doctrine, Catherine Fisk Jan 2003

Authors At Work: The Origins Of The Work-For-Hire Doctrine, Catherine Fisk

Faculty Scholarship

No abstract provided.

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Incorrect Speech, Incorrect Hearing: A Problem Of Postmodern Legal Education, Paul D. Carrington Jan 2003

Incorrect Speech, Incorrect Hearing: A Problem Of Postmodern Legal Education, Paul D. Carrington

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No abstract provided.

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The Limits Of Litigation: ‘Americanization’ And Negotiation In The Settlement Of Wto Disputes, Joost H. B. Pauwelyn Jan 2003

The Limits Of Litigation: ‘Americanization’ And Negotiation In The Settlement Of Wto Disputes, Joost H. B. Pauwelyn

Faculty Scholarship

This Article examines the extent to which World Trade Organization WTO) dispute settlement is "Americanized." It scrutinizes three features of the WTO mechanism for proof of "Americanization": the right to a panel, the legalization of the panel process, and the bilateral and adversarial nature of the WTO dispute settlement system. Recognizing the many benefits linked to these three features, the Article then identifies some of the problems that have accompanied them. Finally, the Article suggests ways to remedy those problems focusing, in particular, on how trade disputes could be settled other than through bilateral state-to-state litigation. In that sense, the …

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Commercial Trusts As Business Organizations: Unraveling The Mystery, Steven L. Schwarcz Jan 2003

Commercial Trusts As Business Organizations: Unraveling The Mystery, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

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Juror Discussions During Civil Trials: Studying An Arizona Innovation, Neil Vidmar, Shari S. Diamond, Mary R. Rose, René Stemple Ellis Jan 2003

Juror Discussions During Civil Trials: Studying An Arizona Innovation, Neil Vidmar, Shari S. Diamond, Mary R. Rose, René Stemple Ellis

Faculty Scholarship

No abstract provided.

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A Flawed Search For Bias In The American Bar Association’S Ratings Of Prospective Judicial Nominess: A Critique Of The Lindgren Study, Neil Vidmar, Michael J. Saks Jan 2003

A Flawed Search For Bias In The American Bar Association’S Ratings Of Prospective Judicial Nominess: A Critique Of The Lindgren Study, Neil Vidmar, Michael J. Saks

Faculty Scholarship

No abstract provided.

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Admissibility Of Fruits Of Breached Evidentiary Privileges: The Importance Of Adversarial Fairness, Party Culpability, And Fear Of Immunity, Robert P. Mosteller Jan 2003

Admissibility Of Fruits Of Breached Evidentiary Privileges: The Importance Of Adversarial Fairness, Party Culpability, And Fear Of Immunity, Robert P. Mosteller

Faculty Scholarship

No abstract provided.

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Prophets, Priests And Pragmatists, Christopher H. Schroeder Jan 2003

Prophets, Priests And Pragmatists, Christopher H. Schroeder

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No abstract provided.

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Reforming The Culture Of Financial Reporting: The Pcaob And The Metrics For Accounting Measurements, James D. Cox Jan 2003

Reforming The Culture Of Financial Reporting: The Pcaob And The Metrics For Accounting Measurements, James D. Cox

Faculty Scholarship

No abstract provided.

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Asbestos Legislation I: A Defined Contribution Plan, Francis Mcgovern Jan 2003

Asbestos Legislation I: A Defined Contribution Plan, Francis Mcgovern

Faculty Scholarship

No abstract provided.

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Comments On The European Commission’S Draft Proposal For A Council Regulation On The Law Applicable To Non-Contractual Obligations (Hamburg Group For Private International Law), Ralf Michaels Jan 2003

Comments On The European Commission’S Draft Proposal For A Council Regulation On The Law Applicable To Non-Contractual Obligations (Hamburg Group For Private International Law), Ralf Michaels

Faculty Scholarship

No abstract provided.

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Segregation And Resegregation In North Carolina’S Public School Classrooms, Charles T. Clotfelter, Helen F. Ladd, Jacob L. Vigdor Jan 2003

Segregation And Resegregation In North Carolina’S Public School Classrooms, Charles T. Clotfelter, Helen F. Ladd, Jacob L. Vigdor

Faculty Scholarship

Although many studies have used information at the school level to measure the degree of racial segregation between schools, the absence of more detailed data has limited the analysis of segregation within schools. Using a rich set of administrative data on North Carolina public schools, we examine patterns of enrollment both across and within schools, allowing us to assess the comparative importance of segregation of each type and how they interact. To examine patterns in upper as well as lower grades, we perform separate tabulations for 1st, 4th, 7th, and 10th grades. The data make possible what we believe to …

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Book Review, Catherine Fisk Jan 2003

Book Review, Catherine Fisk

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Reviewing Alice Kessler-Harris, In Pursuit of Equity: Women, Men, and the Quest for Economic Citizenship in 20th-Century America (2001)

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Book Review, Steven L. Schwarcz Jan 2003

Book Review, Steven L. Schwarcz

Faculty Scholarship

Reviewing Cross Border Collateral: Legal Risks and the Conflict of Laws (R. Potok ed., 2002).

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Managing And Monitoring Conflicts Of Interest: Empowering The Outside Directors With Independent Counsel, James D. Cox Jan 2003

Managing And Monitoring Conflicts Of Interest: Empowering The Outside Directors With Independent Counsel, James D. Cox

Faculty Scholarship

No abstract provided.

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Victim Impact Evidence: Hard To Find The Real Rules, Robert P. Mosteller Jan 2003

Victim Impact Evidence: Hard To Find The Real Rules, Robert P. Mosteller

Faculty Scholarship

This comment has two major parts. Part I reviews some of the developments in the law relating to victim impact evidence over the last decade in light of my earlier predictions and hopes in this area. Part II examines victim catharsis and its growing importance as a justification for the receipt of victim impact evidence.

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Wto Compassion Or Superiority Complex?:What To Make Of The Wto Waiver For “Conflict Diamonds”, Joost H. B. Pauwelyn Jan 2003

Wto Compassion Or Superiority Complex?:What To Make Of The Wto Waiver For “Conflict Diamonds”, Joost H. B. Pauwelyn

Faculty Scholarship

In May 2003, the WTO granted a waiver for trade restrictions imposed on WTO members not participating in the Kimberley Certification Scheme combating so-called "conflict diamonds." This Article examines the implications of this waiver decision. It argues that GATT/TBT provisions may already excuse the trade restrictions at issue, especially now that the UN Security Council has explicitly supported them. The waiver, therefore, risks sending out the wrong signals, confirming a WTO "superiority complex." At the same time, by excluding restrictions between Kimberley participants from its scope, the waiver implies that WTO members considered the Kimberley scheme to be a non-WTO …

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A Typology Of Multilateral Treaty Obligations: Are Wto Obligations Bilateral Or Collective In Nature?, Joost H. B. Pauwelyn Jan 2003

A Typology Of Multilateral Treaty Obligations: Are Wto Obligations Bilateral Or Collective In Nature?, Joost H. B. Pauwelyn

Faculty Scholarship

An important, though oft neglected, distinction between multilateral treaty obligations separates obligations of the bilateral nature from those of the collective or erga omnes partes type. Multilateral obligations of the bilateral type can be reduced to a compilation of bilateral, state-to-state relations. They can be compared to contracts. Collective obligations, in contrast, cannot be divided into bilateral components. They are concluded in pursuit of a collective interest that transcends the individual interests of the contracting parties. The standard example of such obligations are those arising under a human rights treaty. In domestic law, collective obligations can be compared to criminal …

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Protecting Transgender Families: Strategies For Advocates, Taylor Flynn Jan 2003

Protecting Transgender Families: Strategies For Advocates, Taylor Flynn

Faculty Scholarship

For a transgender (trans) man or woman, what begins as the dissolution of a relationship may be transformed into a public nightmare in which the individual is forced to defend the authenticity of his or her gender in the face of relentless, brutal, and humiliating questions about the most intimate details of personal anatomy and sexual practices. This Article discusses this reality in the case of Michael Kantaras, a transsexual man in Clearwater, Florida in 2002.

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Bringing Out The Big Guns: The Usa Patriot Act, Money Laundering, And The War On Terrorism, Eric J. Gouvin Jan 2003

Bringing Out The Big Guns: The Usa Patriot Act, Money Laundering, And The War On Terrorism, Eric J. Gouvin

Faculty Scholarship

This Article addresses the question of whether the money laundering provisions in the Patriot Act will be effective tools in the effort to intercept terrorist financing to prevent future attacks like those suffered on September 11, 2001, or whether the legislation is instead the modern equivalent of a big noisy anti-aircraft gun -- psychologically useful for showing that something is being done, but not very effective in actually doing the task. This Article concludes that the Act's money laundering provisions will not be effective in intercepting terrorist financing. It reaches that conclusion after examining the current state of United States …

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Court Program Funding: Advice From The Trenches, Sheila Purcell Jan 2003

Court Program Funding: Advice From The Trenches, Sheila Purcell

Faculty Scholarship

No abstract provided.

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Slouching Toward Discretion, Richard L. Marcus Jan 2003

Slouching Toward Discretion, Richard L. Marcus

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No abstract provided.

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Some Thoughts On The Law And Politics Of Reparations For Slavery, Calvin R. Massey Jan 2003

Some Thoughts On The Law And Politics Of Reparations For Slavery, Calvin R. Massey

Faculty Scholarship

No abstract provided.

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Congressional Power To Regulate Sex Discrimination: The Effect Of The Supreme Court's "New Federalism", Calvin R. Massey Jan 2003

Congressional Power To Regulate Sex Discrimination: The Effect Of The Supreme Court's "New Federalism", Calvin R. Massey

Faculty Scholarship

No abstract provided.

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Joltin' Joe Has Left And Gone Away: The Vanishing Presumption Against Preemption, Calvin R. Massey Jan 2003

Joltin' Joe Has Left And Gone Away: The Vanishing Presumption Against Preemption, Calvin R. Massey

Faculty Scholarship

No abstract provided.

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Looking Back At The Lawyering Process, Beatrice A. Moulton Jan 2003

Looking Back At The Lawyering Process, Beatrice A. Moulton

Faculty Scholarship

No abstract provided.

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