Digital Commons Network^™

Financial Liberalization, International Monetary Dis/Order, And The Neoliberal State, Timothy A. Canova

Faculty Scholarship

This article started as a plenary paper that was presented to the annual International Economic Law conference of the American Society of International Law. The conference itself posed the question of whether the new international economic order was leading to greater peace, stability, fairness and justice. At a time when American post-Cold War triumphalism was perhaps at its zenith, Canova answered with an unequivocal indictment of the global order for failing to deliver peace or justice. The first part of the article critiques the international monetary system, and argues that the primary negative consequence of capital liberalization is the undermining …

The Disorders Of Unrestricted Capital Mobility, And The Limits Of The Orthodox Imagination, Timothy A. Canova

Faculty Scholarship

This book review provides a critique of Robert Solomon's' Money on the Move: The Revolution in International Finance since 1980'. According to the reviewer, Solomon has written a highly descriptive account of some of the major developments in global financial markets over the past two decades. His impressive compilation of events is couched in an objective, value-neutral narrative, thereby suggesting that the tide of orthodox policy reforms is as inevitable as the sun rising. But lurking just beneath the surface are the usual neoclassical assumptions that one might expect of a former chief international economist of the Federal Reserve Board: …

The Case For Including Marks V. United States In The Canon Of Constitutional Law, Maxwell L. Stearns

Faculty Scholarship

In this essay, I would like to suggest adding a single case, with appropriate commentary, to the canon of constitutional law, as presented in introductory casebooks. Specifically, I suggest including Marks v. United States, as a principal case, or in the form of a detailed summary, immediately before or after the first major plurality decision. I should note that the case is rather short – nine pages in the U.S. Reports – and that it nominally involves obscenity doctrine. I would suggest, counterintuitively perhaps, that the case is more fruitfully presented toward the beginning of an introductory course in constitutional …

Why Should Lawyers Care About Institutional Data On Courts?, Maxwell L. Stearns

Faculty Scholarship

In the “U.S. Supreme Court Judicial Data Base: providing new insights into the Courts,” Professors Harold Spaeth and Jeffrey Segal provide a brief and valuable overview of the two Supreme Court databases, with a particular focus on how those databases might be of use to those with professional legal training, namely law professors, lawyers, and perhaps also judges. In this comment, I will describe what I consider to be the limitations, and uses, of such data for those of us trained in law, and who most likely will lack the rigorous social science background familiar to most present users of …

Racial Diversity On The Bench: Beyond Role Models And Public Confidence, Sherrilyn A. Ifill

Faculty Scholarship

The lack of racial diversity on our nation’s courts threatens both the quality and legitimacy of judicial decision-making. Traditional arguments emphasizing the “role model” value of black judges and the need for black judges to help promote “public confidence” in the justice system have turned our attention away from the most important justification for judicial diversity: Diversity on the bench can enrich judicial decision-making by including a variety of voices and perspectives in the deliberative process. In this Article, the Author advocates racial diversity among judges as a critical means of achieving cultural pluralism in judicial decision-making.

Judicial diversity advocates …

Oscar Wilde: Paradoxical Poster Child For Both Identify And Post-Identify, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Fulfilling Technology's Promise: Enforcing The Rights Of Women Caught In The Global High-Tech Underclass, Shruti Rana

Faculty Scholarship

In the early 1980s, Malaysian women working in electronics factories began to experience hallucinations and seizures. Factory bosses manipulated their employees' religious and cultural beliefs, convincing the women that their bodies were inhabited by demons. In this manner, they avoided confronting the more likely causes: the rigid, paternalistic work environment, the intense production pressures placed on the women, and the lengthy shifts and potentially hazardous conditions that the women were forced to endure. This example illustrates the use of gender, religion, and to control and exploit women's labor in the high-tech industry. Unfortunately, this is not an isolated situation.

This …

Children: Wards Or Waifs Of The Court, Susan P. Leviton

Faculty Scholarship

No abstract provided.

Jiegou Zhengfu Hetong Zhidu - Yi Mei Guo Moshi Wei Lie [Constructing A Government Contracting System: Examples From The American Model], Daniel J. Mitterhoff

Faculty Scholarship

No abstract provided.

The Border Guard Trials And The East German Past - Seven Arguments, Peter E. Quint

Faculty Scholarship

No abstract provided.

The Mdp Controversy: What Legal Educators Should Know, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

Stranger In A Strange Land: Biotechnology And The Federal Circuit, Lawrence M. Sung

Faculty Scholarship

No abstract provided.

Collegiality And Collaboration In The Age Of Exclusivity, Lawrence M. Sung

Faculty Scholarship

No abstract provided.

The Corruption Of Civic Environmentalism, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

Colorism: A Darker Shade Of Pale, Taunya Lovell Banks

Faculty Scholarship

In this article, Professor Banks argues that colorism, skin tone discrimination against dark-skinned but not light-skinned blacks, constitutes a form of race-based discrimination. Skin tone discrimination coexists with more traditional forms of race discrimination that impact all blacks without regard to skin tone and phenotype, yet courts seem unwilling to recognize this point. Professor Banks uses employment discrimination cases to illustrate some courts' willingness to acknowledge subtler forms of race-based discrimination, like skin tone discrimination, for white ethnic and Latina/o plaintiffs, but not for black plaintiffs. The inability of courts to fashion coherent approaches to colorism claims involving black claimants …

Musing About Community, Or Why Is It Better To Be An American Grandparent Than A Cuban Father?, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

Naked Land Transfers And American Constitutional Development, Mark A. Graber

Faculty Scholarship

The constitutional prohibition on naked land transfers, laws granting to B property that belonged to A, played a far greater role in American constitutional development than is generally realized. The Marshall and Taney Courts heard numerous cases in which government officials were accused of expropriating private property, typically by legislative oversight rather than by deliberate intent. When resolving these cases, antebellum justices relied heavily on “certain great principles of justice” rather than on specific constitutional provisions. Supreme Court majorities on several occasions probably exercised the judicial power to declare federal laws unconstitutional. More frequently, Marshall and Taney Court decisions in …

Prologomenon To An Empirical Restatement Of Conflicts, William M. Richman, William L. Reynolds

Faculty Scholarship

No abstract provided.

How Does The Dean Resemble The Islets Of Langerhans?, Donald G. Gifford

Faculty Scholarship

In this essay, I suggest an admittedly bizarre analogy between the roles played by an effective dean and the functions of an obscure component of the human body.

E-Tax: Fundamental Tax Reform And The Transition To A Currency-Free Economy, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

Licensing Intellectual Property And Technology From The Financially-Troubled Or Startup Company: Prebankruptcy Strategies To Minimize The Risk In A Licensee's Intellectual Property And Technology Investment, Richard M. Cieri, Michelle M. Harner

Faculty Scholarship

No abstract provided.

The Right To Strike In Essential Services Under United States Labor Law, Marley S. Weiss

Faculty Scholarship

SUMMARY: I. Introduction. II. A Brief History of U.S. Collective Labor Relations Laws. III. The Structure of Labor-Management Relations in The U.S. IV. The Right to Strike. V. Private Sector “Essential Services” Provisions: LMRA National. VI. Conclusion.

Race Talk: Patricia J. Williams' Seeing A Color-Blind Future: The Paradox Of Race, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

The French Experience With Duty To Rescue: A Dubious Case For Criminal Enforcement, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.

Contract Sports, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Alternative Dispute Resolution And The Potential For Gender Bias, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana

Faculty Scholarship

In every society, the work that women do is undervalued and unrecognized. Political and social tensions behind conceptions of work, motherhood, and equality can ignite movements that threaten the human rights of women. One such movement is underway in the United States where recent “Workfare” provisions specifically target and punish the most vulnerable members of society under the guise of reform and morality. This critique of Workfare aims to demonstrate some of the dynamism and power of a human rights framework, and to lay the groundwork for effective action to improve the plight of the single mothers who rely on …

Urinating On The Pennsylvania Constitution? Drug Testing Of High School Athletes And Article I, Section 8 Of The Pennsylvania Constitution, Amanda L. Sholtis

Faculty Scholarship

No abstract provided.

A Lawyer’S Call To Integrity: A Response, Mary Kate Kearney

Faculty Scholarship

No abstract provided.

All The President’S Men? Executive Departments And Executive Privilege, Michael R. Dimino

Faculty Scholarship

No abstract provided.