Digital Commons Network^™

Children In Poverty: In Search Of State And Federal Constitutional Protections In The Wake Of Welfare Reforms, April Land

Faculty Scholarship

The elimination of the federal entitlement to welfare and the shifting of essential policy making to states raises serious questions about the procedural due process rights of people in poverty. It also changes the focus of the legal battleground for welfare families, bringing important state constitutional issues into focus across the nation. Overall, the Article emphasizes that in exploring the potential constitutional protections for families in poverty, it will be important to focus on the detrimental effects that welfare reforms have on children. By emphasizing the impact that welfare cuts have on children, it may be possible to provide a …

Banks And Inner Cities: Market And Regulatory Obstacles To Development Lending, Keith N. Hylton

Faculty Scholarship

Why are poor inner cities underserved by financial institutions, and why is it so difficult to find a solution to this problem? Explanations of the lending shortfall problem range between theories based on discrimination to the view that the lending market is working flawlessly. Drawing largely on the economic development literature, I elaborate an alternative explanation here. The asymmetric information theory I offer yields the prediction that urban minority communities will be underserved by financial institutions even in the absence of discriminatory intent.

I claim that the existing framework of banking regulation is in part responsible for the difficulty in …

Foreword: Legal And Constitutional Implications Of The Calls To Revive Civil Society, Linda C. Mcclain, James E. Fleming

Faculty Scholarship

This symposium addresses legal and constitutional implications of the calls to revive or renew civil society (a realm between the individual and the state, including the family and religious, civic, and other voluntary associations). The erosion or disappearance of civil society is a common diagnosis of what underlies civic and moral decline in America, and its renewal features prominently as a cure for such decline. To date, there has been a great deal of discussion of civil society and proposals for its revival or renewal, but not enough discussion of legal and constitutional implications of such proposals. This symposium seeks …

Some Questions For Civil Society-Revivalists, Linda C. Mcclain, James E. Fleming

Faculty Scholarship

The Article raises some questions for proponents of reviving civil society as a cure for many of our nation's political, civic, and moral ills (whom McClain and Fleming designate as "civil society-revivalists"). How does civil society serve as "seedbeds of virtue" and foster self-government? Have liberal conceptions of the person corroded civil society and undermined self-government? Does the revivalists' focus on the family focus on the right problems? Have gains in equality and liberty caused the decline of civil society? Should we revive civil society or "a civil society"? Would a revitalized civil society support democratic self-government or supplant it? …

The Expressive Dimension Of Equal Protection, Deborah Hellman

Faculty Scholarship

No abstract provided.

Regulating Research With Decisionally Impaired Individuals: Are We Making Progress?, Diane E. Hoffmann, Jack Schwartz, Evan G. Derenzo

Faculty Scholarship

No abstract provided.

Temporary Protection And Its Applicability To The Palestinian Refugee Case, Susan M. Akram

Faculty Scholarship

Temporary protection is widely regarded as an international legal norm that is now obligatory on states in certain circumstances with regard to their treatment of refugees, or persons fleeing “refugee-like” situations.(1) As a recognized status, it is the most recent of the three major possibilities for protection of refugees which a state can offer - the other two being the now-universal obligation of non-refoulement (“non-return”) and the non-obligatory protection of political asylum.

Temporary protection has special significance to the Palestinian refugee case. Since all states examining the issue, as well as the relevant United Nations bodies, universally interpret the international …

Accountability And Democracy In The Case Of Using Force Under International Auspices, Charlotte Ku, Harold K. Jacobson

Faculty Scholarship

This presentation derives from a large research project that has been more than three years in progress and reflects the work of a multinational team of lawyers, policy analysts, and political scientists. The project is supported by the Ford Foundation and will conclude at the end of 2000 with the completion of a book that will cover the experience of nine democracies in deploying their military forces under international auspices as this experience relates to two large questions.

The project examines two questions:

• What is the interactive relationship between international commitments and national constitutional and political requirements?
• How does this …

The Paradox Of Free Market Democracy: Rethinking Development Policy, Amy L. Chua

Faculty Scholarship

No abstract provided.

Enforcement Of Federal Private Rights Against States After Alden V. Maine: The Importance Of Hutto V. Finney And Compensation Via Civil Contempt Proceedings, Gordon G. Young

Faculty Scholarship

No abstract provided.

The Practice Of Law, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

The Necessity Of (And The Threat Posed By) Consumer Financial Education For The New Financial Conglomerates, James A. Fanto

Faculty Scholarship

No abstract provided.

Intuition And Technology In Product Design Litigation: An Essay On Proximate Causation, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

One Size Does Not Fit All: The Third Multi-Track Restatement Of Conflict Of Laws, Aaron Twerski

Faculty Scholarship

No abstract provided.

The Necessity Of (And The Threat Posed By) Consumer Financial Education For The New Financial Conglomerates, James A. Fanto

Faculty Scholarship

No abstract provided.

The Canon And The Constitution Outside The Courts, Sotirios Barber, James E. Fleming

Faculty Scholarship

What would it mean for "the canon of constitutional law" if we were to take seriously "the Constitution outside the courts"? What would happen to the canon if we were to distinguish (as Cass Sunstein and Larry Sager do) between the partial, judicially enforceable Constitution and the Constitution that imposes higher obligations upon legislatures, executives, and citizens generally to Fursue constitutional ends or to secure constitutional rights? How would the canon be affected by "taking the Constitution away from the courts," as Mark Tushnet proposes,2 or by adopting what Sandy Levinson has called a "Protestant" rather than a court-centered "Catholic" …

The Parsimony Of Libertarianism, James E. Fleming

Faculty Scholarship

I want to begin by congratulating Randy Barnett on writing The Structure of Liberty,' one of the most radical and provocative works of political and legal theory that I have ever read. I consider myself to be a liberal who prizes liberty. Barnett claims to provide an account of the structure of liberty along with "[t]he liberal conception of justice" and the rule of law.2 His is a radical libertarian account centrally concerned with protecting the fundamental natural rights of property, first possession, freedom of contract, and self-defense. In Barnett's world, the fabled libertarian night-watchman state has been downsized and …

In Memoriam: Celebration Of The Life Of Michael Ward Melton, Frances H. Miller

Faculty Scholarship

Mike and I became instant friends when we met almost twenty years ago. We happened to live in the same town, but it wasn't that. Truth is, we rarely saw one another there before he became ill. He patronized the fancy up-market for his food shopping--probably because they had better stuff for his beloved dogs and cat--while I went to the more plebian Star Market. Occasionally, we bumped into one another at the town dump, where we traded a few snide observations about the quality of one another's trash. But such intimacy was never the source of our friendship.

Reduce The Impact Of The Alternative Minimum Tax, Daniel J. Lathrope

Faculty Scholarship

No abstract provided.

The Baryonic Tully-Fisher Relation, Stacy S. Mcgaugh

Faculty Scholarship

We explore the Tully-Fisher relation over five decades in stellar mass in galaxies with circular velocities ranging over 30 ≲ Vc ≲ 300 km s-1. We find a clear break in the optical Tully-Fisher relation: field galaxies with Vc ≲ 90 km s-1 fall below the relation defined by brighter galaxies. These faint galaxies, however, are very rich in gas; adding in the gas mass and plotting the baryonic disk mass Md = M* + Mgas in place of luminosity restores the single linear relation. The Tully-Fisher relation thus appears fundamentally to be a relation between rotation velocity and total …

Paradox Of Family Privacy, David D. Meyer

Faculty Scholarship

No abstract provided.

American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen

Faculty Scholarship

Lawyers trained in U.S. law schools learn that the Constitution gives Congress the power "[t]o define and punish... offenses against the Law of Nations." Some might also be able to cite the oft-quoted dicta from the Supreme Court's decision in The Paquete Habana that "International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination." But what does this mean for today's practitioner? One century after Paquete Habana, we ask what is international law, …

Wrongful Death: Oklahoma Supreme Court Replaces Viability Standard With "Live Birth" Standard, Fatma Marouf

Faculty Scholarship

Since the United States Supreme Court decision of Roe v. Wade, the line of viability for human fetuses has been consistently pushed back to earlier and earlier gestational ages. Granting "person" status to a nonviable fetus, even if only for purposes of the wrongful death statute, as the Oklahoma Supreme Court did in Nealis v. Baird, represents an important expansion of fetal rights. Although the court explicitly limited its decision to nonviable fetuses born alive, Judge Opala conceded that much of his opinion could apply equally to stillborn fetuses. The court's decision in Nealis raises important questions about …

Spandau Revisited: The Question Of Detention For International War Crimes, Mary Margaret Penrose

Faculty Scholarship

Drazen Erdemovic. The name may be unfamiliar to many outside the former Yugoslavia. The name will surely be unknown by most people outside the international community and those committed to the universal protection of human rights through criminal prosecution. Drazen Erdemovic is a confessed killer. Drazen Erdemovic has confessed to killing somewhere between seventy and one hundred unarmed Muslims in a mass execution as a member of the Bosnian Serb army in July 1995. In this regard, he is the first convicted defendant to stem from the International Criminal Tribunal for the former Yugoslavia (ICTY) established by the United Nations …

I Said No, Mary Margaret Penrose

Faculty Scholarship

I SAID, "NO" For those who would disallow me the freedom to love

Law Making For The Baby Making: An Interpretive Approach To The Determination Of Legal Parentage, Marsha Garrison

Faculty Scholarship

No abstract provided.

Reinterpreting Palestinian Refugee Rights Under International Law, And A Framework For Durable Solutions, Susan M. Akram

Faculty Scholarship

Background

The paper presented here is based on a much larger brief produced by two experts in international refugee law, Susan Akram and Guy Goodwin-Gill assisted by a team of law students at Boston University. Both the larger brief and the paper presented here argue for a re-interpretation of the current international refugee law which adequately expresses the principle of heightened protection for Palestinian refugees, a principle which had guided the drafting and consequent approval of international law and UN resolutions.

The author argues that the current lack of legal protection of Palestinian refugees derives from the misinterpretation of the …

Fora Available For Palestinian Refugee Restitution, Compensation And Related Claims, Susan M. Akram

Faculty Scholarship

This summary focuses on where Palestinian refugees can bring individual restitution and compensation claims. It does not discuss fora where claims for realizing the right of return might be made, although such claims will be mentioned as appropriate in the context of the discussions of restitution/compensation fora. Palestinian refugees do not at present have any forum immediately available in which they can file individual claims for restitution and/or compensation for losses sustained as a result of their expulsion from their lands and homes in 1948. The forum in which such claims would ordinarily be made is the place where the …

Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram

Faculty Scholarship

This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …

Crop-Raiding Elephants And Conservation Implications At Way Kambas National Park, Sumatra, Indonesia, Philip J. Nyhus, Sumianto, Ronald Tilson

Faculty Scholarship

Crop raiding by wild elephants is one of the most significant sources of park–people conflict in Sumatra, Indonesia. The distribution, impact and conservation implications of elephant crop-raiding in 13 villages that border Way Kambas National Park in southern Sumatra were studied for 18 months. The data are based on rapid village and field assessments, data logs maintained by village observers and a quantitative household survey. Elephants raided crops year-round at a mean rate of 0.53 elephants per day for the entire study area. The frequency of crop raiding was related to vegetation type along the park border, the size and …