Digital Commons Network^™

Reexamining The Posse Comitatus Act: Toward A Right To Civil Law Enforcement, Sean J. Kealy

Faculty Scholarship

The military is currently prohibited by federal statute from participating in domestic law enforcement. The Posse Comitatus Act of 1878 ("PCA") establishes criminal penalties for people who willfully use members of the Army or the Air Force to execute the laws. Although a product of the Reconstruction Era, this law reflects a strong American tradition against the domestic use of the military that stretches back before the founding of the nation.

Code Versus The Common Law, Stacey Dogan

Faculty Scholarship

The explosion of peer-to-peer file sharing has forced a reexamination of the essential structure of copyright law in the United States. In a digital, interconnected world, the dispersion of copying and distribution activities makes it more difficult for copyright holders to identify users who derive value from their works. And at least theoretically, the inability to capture such value could ultimately jeopardize the incentive to produce and distribute creative expression.

There is widespread disagreement over what, if anything, should be done about these threats. While suggestions range from copyright abandonment to digital lockup, two of the principal proposals share an …

Intimate Affiliation And Democracy: Beyond Marriage?, Linda C. Mcclain

Faculty Scholarship

This article takes up the question: Should family law and policy move beyond marriage? It assesses a spectrum of answers to that question. Rejecting proposals, on the one hand, to shore up traditional marriage, and, on the other, to abolish marriage, it argues that family law and policy should not move wholly beyond marriage, but should support marriage in a way that better fosters greater equality within and among families. The article is part of a symposium on "Marriage, Families, and Democracy," published in 32 Hofstra Law Review 23-421 (2003).

Limits Of The Classic Method: Positive Action In The European Union After The New Equality Directives, Daniela Caruso

Faculty Scholarship

The European Union's member states are currently implementing two new directives, prohibiting discrimination on such grounds as race, ethnicity and religion. Both directives allow for positive action - a European version of affirmative action confined to "soft," non-quota measures arguably reconcilable with the canon of individual equality. Based on time-honored EC provisions on gender discrimination, the European Court of Justice has already scrutinized, and occasionally prohibited as in breach of EC individual rights, states' positive action in favor of women. The Court is now likely to extend the same mode of scrutiny to the forms of discrimination contemplated by the …

Facing Tyranny With Justice: Alternatives To War In The Confrontation With Iraq, George Bisharat

Faculty Scholarship

No abstract provided.

From Country-Based To Corporate-Based Campaigns, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

What Attorneys Think Of Jury Trial Innovations, William W. Schwarzer, J. Donald Cowan Jr., Thomas M. Chrisham

Faculty Scholarship

No abstract provided.

Beyond The Maternal Wall: Relief For Family Caregivers Who Are Discriminated Against On The Job, Joan C. Williams, Nancy Segal

Faculty Scholarship

No abstract provided.

Bringing Your Part Time Policy Up To Par, Joan C. Williams

Faculty Scholarship

No abstract provided.

The Role Of The Bar In Politicized Judicial Elections, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Lawyer As Wise Counselor, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Seeking Justice, Preserving Liberty, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Modeling Class Counsel, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Institutions And Long Term Planning Lessons From The California Electricity Crisis, Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.

What If I Want My Kids To Watch Pornography? Protecting Children From ''Indecent'' Speech, Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.

Fragmentation Of Property Rights A Functional Interpretation Of The Law Of Servitudes, Ben Depoorter, Francesco Parisi

Faculty Scholarship

No abstract provided.

Foreword Revisioning The Constellations Of Critical Race Theory, Law And Economics, And Empirical Scholarship, Clark Freshman

Faculty Scholarship

No abstract provided.

California's Supreme Court And Constitution The Early Years, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Foreword Ethics For Colorado Lawyers, Geoffrey C. Hazard, Jr.

Faculty Scholarship

No abstract provided.

Associate Statehood Principles And Prospects, Chimene Keitner

Faculty Scholarship

No abstract provided.

Designation Of Heirs A Modest Proposal To Diminish Will Contests, Calvin R. Massey

Faculty Scholarship

No abstract provided.

Posner On Teaching Evidence, Roger C. Park

Faculty Scholarship

No abstract provided.

The Arrival Of Asian Americans An Agenda For Legal Scholarship, Frank H. Wu

Faculty Scholarship

No abstract provided.

Five Who Got It Right, Richard Zitrin

Faculty Scholarship

No abstract provided.

Prescriptive Laws, Uncertain Science, And Political Stories: Forest Planning In The Sierra Nevada, Dave Owen

Faculty Scholarship

No abstract provided.

The Disappointing History Of The National Marine Sanctuaries Act, Dave Owen

Faculty Scholarship

No abstract provided.

Considerations On The Emerging Implementation Of Biometric Technology, Robin Feldman

Faculty Scholarship

No abstract provided.

The Insufficiency Of Antitrust Analysis For Patent Misuse, Robin Feldman

Faculty Scholarship

No abstract provided.

In Memoriam: David Feller, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Prohibiting "Good Faith Reports" Under The Uniform Mediation Act: Keeping The Adjudication Camel Out Of The Mediation Tent, Carol L. Izumi, Homer C. La Rue

Faculty Scholarship

No abstract provided.