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Staying Alive: Executive Clemency, Equal Protection, And The Politics Of Gender In Women's Capital Cases, Elizabeth Rapaport Jan 2001

Staying Alive: Executive Clemency, Equal Protection, And The Politics Of Gender In Women's Capital Cases, Elizabeth Rapaport

Faculty Scholarship

In this Article, I will review the matrix in which executive decisions in women's capital clemency cases are made, a matrix supplied by modern equal protection law, the nature and scope of the clemency power, gender politics, and contemporary death row. I will then conduct two thought experiments. Each invented case tests the relevance of gender in legally and politically acceptable contemporary clemency decisions. The goal is to understand the politics and law of granting or denying that very rare boon-commutation of sentence - to a female death row prisoner. The exercise offers support for two conclusions. In the age …

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Class In Latcrit: Theory And Praxis In A World Of Economic Inequality (Foreword), Margaret E. Montoya Jan 2001

Class In Latcrit: Theory And Praxis In A World Of Economic Inequality (Foreword), Margaret E. Montoya

Faculty Scholarship

The fifth annual Latina/o critical legal theory ("LatCrit") conference was held on May 4-7, 2000 in Breckenridge, Colorado. The mountain resorts of Colorado present an almost metaphorical location for a critical theory meeting. The majesty and apparent harmony of the natural environment contrast so vividly with the cotidian conflicts in the human environment, and the elites exhibit a banal oblivion to the vicious racial and class-based violence that provide the grist for critical theorists. These resort locations dedicated to a lifestyle of money, recreation and pampering and infused with the invisible oxygen of privilege offer a space for theoretical work …

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The Georgia Immigration Pardons: A Case Study In Mass Clemency, Elizabeth Rapaport Jan 2001

The Georgia Immigration Pardons: A Case Study In Mass Clemency, Elizabeth Rapaport

Faculty Scholarship

The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) enlarged the class of aliens subject to mandatory deportation as "aggravated felons" under the Immigration and Nationality Act. There is only one way of avoiding deportation where a non-citizen has at any time in the past been convicted of an offense triggering removal, and that is to obtain a pardon. Over the 15-month period ending in June of 2001, the Georgia Board of Pardons and Parole granted 138 pardons to permanent resident aliens who had suddenly found themselves subject to deportation under IIRAIRA. Recipients of these pardons included people who …

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From Noriega To Pinochet: Is There An International Moral And Legal Right To Kidnap Individuals Accused Of Gross Human Rights Violations?, Sherri L. Burr Jan 2001

From Noriega To Pinochet: Is There An International Moral And Legal Right To Kidnap Individuals Accused Of Gross Human Rights Violations?, Sherri L. Burr

Faculty Scholarship

This article concerns the moral conceptions of justice and whether there should be an international legal right to kidnap individuals accused of gross human rights violations, and whether they should be brought before national and international judicial forums. This focus is based around the case of Dr. Humberto Alvarez Machain, a Mexican citizen, who was kidnapped from his medical office in Guadalajara, Mexico, at the behest of United States Drug Enforcement Agents (DEA) in 1990.

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Universal City Studios, Inc. V. Reimerdes: Promoting The Progress Of Science And The Useful Arts By Demoting The Progress Of Science And The Useful Arts?, Eric W. Young Jan 2001

Universal City Studios, Inc. V. Reimerdes: Promoting The Progress Of Science And The Useful Arts By Demoting The Progress Of Science And The Useful Arts?, Eric W. Young

Faculty Scholarship

No abstract provided.

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Reviewing Church And State In Bourbon Mexico: The Diocese Of Michoacan, 1749-1810 (1994) By David A. Brading, Jose R. "Beto" Juarez Jan 2001

Reviewing Church And State In Bourbon Mexico: The Diocese Of Michoacan, 1749-1810 (1994) By David A. Brading, Jose R. "Beto" Juarez

Faculty Scholarship

No abstract provided.

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The Use Of Video-Conferencing Technology In Legal Education: A Practical Guide, Catherine Arcabascio Jan 2001

The Use Of Video-Conferencing Technology In Legal Education: A Practical Guide, Catherine Arcabascio

Faculty Scholarship

This article explores the use of advanced computer technologies to offer distance learning programs in United States law schools. It begins with an explanation of the original distance learning methods and differentiates them from current methods that incorporate computer-based technologies. The article also explains the different types of technologies available for use in distance learning and describes the model currently in use at the Shepard Broad Law Center at Nova Southeastern University ("Law Center"). Finally, it discusses the pedagogical and planning issues that arise when using this technology, the hardware that is required, and the costs associated with this type …

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The Justification For Protecting Reasonable Expectations, Bailey Kuklin Jan 2001

The Justification For Protecting Reasonable Expectations, Bailey Kuklin

Faculty Scholarship

No abstract provided.

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The Commercial Activity Exception Under The Fsia, Personhood Under The Fifth Amendment And Jurisdiction Over Foreign States: A Partial Roadmap For The Supreme Court In The New Millennium, Stephen J. Leacock Jan 2001

The Commercial Activity Exception Under The Fsia, Personhood Under The Fifth Amendment And Jurisdiction Over Foreign States: A Partial Roadmap For The Supreme Court In The New Millennium, Stephen J. Leacock

Faculty Scholarship

No abstract provided.

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Re/Forming And Influencing Public Policy, Law And Religion: Missing From The Table, Laura M. Padilla Jan 2001

Re/Forming And Influencing Public Policy, Law And Religion: Missing From The Table, Laura M. Padilla

Faculty Scholarship

Taking a leap to be at a table from which Mexican American women have always been absent, and are still not invited, takes tremendous courage, knowing that much personal sacrifice will be required. This Essay addresses why Mexican American women have been absent from the tables of influence in the worlds of public policy, religion, and law, and how they can establish their presence as part of an anti-subordination agenda.

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Diversity And Bathymetric Distribution Of Lithistid Sponges In The Tropical Western Atlantic Region., Shirley A. Pomponi, M. Kelly-Borges, John K. Reed, Amy E. Wright Jan 2001

Diversity And Bathymetric Distribution Of Lithistid Sponges In The Tropical Western Atlantic Region., Shirley A. Pomponi, M. Kelly-Borges, John K. Reed, Amy E. Wright

Faculty Scholarship

Nineteen species of lithistid sponges (Porifera: Demospongiae), representing 13 genera, eight families, and four suborders are reported from the tropical western Atlantic region, including three new records of occurrence: Discodermia verrucosa Topsent, Corallisfes cf. undularus Levi & Levi, and C. cf. nolitangere Schmidt. This inventory of the biodiversity and bathymetric distribution of these sponges is based on the results obtained from 36 expeditions and more than 450 submersible transects. The objective of these expeditions was the collection of marine organisms for discovery of biologically active compounds with pharmaceutical potential. The taxonomic diversity and distribution thus noted. contrasts with the results …

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Universal Jurisdiction In A Divided World: Conference Remarks, Madeline Morris Jan 2001

Universal Jurisdiction In A Divided World: Conference Remarks, Madeline Morris

Faculty Scholarship

No abstract provided.

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Overcoming Democracy: Richard Posner And Bush V. Gore, H. Jefferson Powell Jan 2001

Overcoming Democracy: Richard Posner And Bush V. Gore, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

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The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk Jan 2001

The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk

Faculty Scholarship

Professors Erwin Chemerinsky and Catherine Fisk take an issue on several grounds with Boy Scouts v. Dale, in which the Supreme Court held that the Boy Scouts have a first Amendment right to exclude gays, even though state law prohibits such discrimination. They first criticize Dale's holding that courts must accept the group leadership's characterization of the group's expressive message. The Court's approach short-circuited the process by which an organization ordinarily develops or transforms its expressive message--internal deliberation, public articulation of a message, and recruitment of like-minded members-- and it did so at the expense of many current and former …

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The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr. Jan 2001

The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

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When Can A State Be Sued?, William W. Van Alstyne Jan 2001

When Can A State Be Sued?, William W. Van Alstyne

Faculty Scholarship

In her Popular Government article "When You Can't Sue the State: State Sovereign Immunity" (Summer 2000), Anita R. Brown-Graham described a series of recent decisions in which a sharply divided U.S. Supreme Court barred individuals from suing states for money damages for certain violations of federal law, such as laws prohibiting discrimination against employees because of their age. In the response that follows, William Van Alstyne argues that this barrier to relief is neither unduly imposing nor novel. The debate over the significance of these decisions is likely to continue. In February 2001, in another case decided by a five-to-four …

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Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens Jan 2001

Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens

Faculty Scholarship

Lena Olive Smith and the National Association for the Advancement of Colored People (NAACP) created a spirited partnership in the public interest during the 1920s and 1930s. Throughout their long collaboration, this woman lawyer, her clients, and the Minneapolis branch of a national grassroots organization faced similar challenges: to stay solvent, to end segregation and increase equality, and to live with dignity. This article is divided into four sections. The first three roughly correspond with stages in Smith’s life and work. Part II briefly chronicles Smith’s first thirty six years, 1885 to 1921, as a single African-American woman in the …

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The Uniform State Law Process: Will The Uma And Ruaa Be Adopted By The States?, James J. Brudney Jan 2001

The Uniform State Law Process: Will The Uma And Ruaa Be Adopted By The States?, James J. Brudney

Faculty Scholarship

Most practicing attorneys and legal academics first become aware of uniform statutes when studying the Uniform Commercial Code (UCC) in law school. Yet the UCC's widespread acceptance and periodic renewal are not the legacy that generally attends uniform law ventures This overview of the uniform statutory process offers some perspective for proponents of the recently approved Uniform Mediation Act (UMA) and Revised Uniform Arbitration Act (RUAA) as they attempt to secure enactment in multiple state legislatures.

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Recalling Atticus Finch: Conversations With Practicing Lawyers, Deborah A. Schmedemann Jan 2001

Recalling Atticus Finch: Conversations With Practicing Lawyers, Deborah A. Schmedemann

Faculty Scholarship

This article discusses the skills, values, and attitudes that are key to practicing law. Input from practicing attorneys shows that while some traits are essential for all practice areas, other traits are specifically necessary for certain types of attorneys.

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Funding Long Term Care: Is There A Way To Ensure That Our Assets Will Last Longer Than We Will?, Nathalie Martin Jan 2001

Funding Long Term Care: Is There A Way To Ensure That Our Assets Will Last Longer Than We Will?, Nathalie Martin

Faculty Scholarship

Long-term care is a subject of great concern to most elders. Stripping away the emotional hype and confusing lingo surrounding this topic is essential to making sound decisions. This article pares away all the extraneous complications and lays out the options that are currently available to elders, paying particular attention to the methods available to fund long-term care if or when it is needed.

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Codes Of Conduct: The Fiction Of Corporate Self-Regulation, Naomi Roht-Arriaza Jan 2001

Codes Of Conduct: The Fiction Of Corporate Self-Regulation, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

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Remarks (Control And Appeal In Nafta Chapter Eleven Arbitration), William S. Dodge Jan 2001

Remarks (Control And Appeal In Nafta Chapter Eleven Arbitration), William S. Dodge

Faculty Scholarship

No abstract provided.

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Embracing The Darkness: Logerquist V. Mcvey And The Doctrine Of Ignorance Of Science Is An Excuse, David L. Faigman Jan 2001

Embracing The Darkness: Logerquist V. Mcvey And The Doctrine Of Ignorance Of Science Is An Excuse, David L. Faigman

Faculty Scholarship

No abstract provided.

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Anatomy Of Valuing Stock In Closely Held Corporations: Pursuing The Phantom Of Objectivity Into The New Millennium, Stephen J. Leacock Jan 2001

Anatomy Of Valuing Stock In Closely Held Corporations: Pursuing The Phantom Of Objectivity Into The New Millennium, Stephen J. Leacock

Faculty Scholarship

No abstract provided.

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The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora Jan 2001

The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora

Faculty Scholarship

No abstract provided.

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The Jury In The Twenty-First Century: An Interdisciplinary Conference--Introduction, Susan Herman, Lawrence Solan Jan 2001

The Jury In The Twenty-First Century: An Interdisciplinary Conference--Introduction, Susan Herman, Lawrence Solan

Faculty Scholarship

No abstract provided.

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The Effects Of Mediation In A Juvenile Incarceration Facility: Reduction Of Violence Through Transformation, Linda H. Morton, Floralynn Einesman Jan 2001

The Effects Of Mediation In A Juvenile Incarceration Facility: Reduction Of Violence Through Transformation, Linda H. Morton, Floralynn Einesman

Faculty Scholarship

Using Bush and Folger’s transformative framework and psychological theory, the authors posit that mediation can play a role in changing the behavior of incarcerated juveniles by its focus on empathy and self-empowerment. After a brief description of their mediation clinic in Juvenile Hall, the authors assess the effects of the clinic in transforming its participants through data gathered.

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"But You're Not A Dirty Mexican": Internalized Oppression, Latinos & Law, Laura M. Padilla Jan 2001

"But You're Not A Dirty Mexican": Internalized Oppression, Latinos & Law, Laura M. Padilla

Faculty Scholarship

This article will describe internalized oppression and racism and expose the harms they cause. It will also dissect the reasons we engage in internalized oppression and racism and explain that once the reasons are exposed, it will be easier to engage in a conscious effort to reduce and ultimately eradicate internalized oppression and racism. Part II of this article defines internalized oppression and internalized racism and elaborates on ways that they are generally expressed in the Latino community. Part III explains how Latinos' internalized racism is reflected in some areas of the law by detailing both Latinos' support for a …

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Lawyers As America's Governing Class: The Formation And Dissolution Of The Original Understanding Of The American Lawyer's Role, Russell G. Pearce Jan 2001

Lawyers As America's Governing Class: The Formation And Dissolution Of The Original Understanding Of The American Lawyer's Role, Russell G. Pearce

Faculty Scholarship

No abstract provided.

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Mandatory Divorce Education: What Do The Parents Say?, Nancy Ver Steegh, Solveig Erickson Jan 2001

Mandatory Divorce Education: What Do The Parents Say?, Nancy Ver Steegh, Solveig Erickson

Faculty Scholarship

Between 1994 and 1998, the number of states offering parent education classes for divorcing couples quadrupled. The State of Minnesota participated in this trend with the passage of Minnesota Statutes Section 518.157 requiring that each judicial district implement a parent education program. Parent education at the time of divorce seems to constitute sound public policy. However, no final conclusions can be drawn without asking the question, "What do the parents think about mandatory divorce education?" Part II of this article will examine the societal and legal context of divorce education for parents and the response of the court system. Part …

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