Digital Commons Network^™

Transnational Activist Networks And The Emergence Of Labor Internationalism In The Nafta Countries, Joel Stillerman

Peer Reviewed Articles

Recent accounts of transnational activism have examined a variety of social movement organizations (SMOs) but have paid little attention to labor transnationalism. This article utilizes and adapts this new transnational social movements scholarship to understand contemporary labor activism in the North American Free Trade Agreement (NAFTA) countries. Exploring the preexisting networks and intramovement cleavages that helped spawn labor opposition to NAFTA, it focuses on labor activists' complaints under the treaty's labor side accord. I explore how rising political opportunities associated with the treaty and its new institutions created new political arenas, targets for activists, and incentives for cross-border collaboration. The …

Editorial, Dalia J. Llera

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Caminando Por La Habana, Dalia J. Llera

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Heydon' Seek: Looking For Law In All The Wrong Places, Allan C. Hutchinson

Articles & Book Chapters

What judges think they are doing has considerable effect on what they actually do. Accordingly, the appointment of Dyson Heydon to the High Court of Australia is a useful occasion on which to examine the connection between one judge's thought and his actions. Heydon's extra-judicial writings call for a nostalgic return to the formalist virtues of an earlier era. However, his early judicial opinions on the High Court not only demonstrate the intellectual shortcomings of such a formalist approach, but also emphasise that adjudication is an inescapably political and contested activity - judicial conservatism is no less ideological than its …

The Uk's Climate Change Levy: Is It Working?, Benjamin J. Richardson, Kiri L. Chanwai

Articles & Book Chapters

No abstract provided.

Legal Education As A Strategy For Change In The Legal Profession, Mary Jane Mossman

Articles & Book Chapters

No abstract provided.

Roy R. Ray Lecture, Southern Methodist University Dedman School Of Law: Because We Are Final: Judicial Review Two Hundred Years After Marbury, Linda Greenhouse

SMU Law Review

No abstract provided.

Federal Habeas Corpus And Postconviction Claims Of Actual Innocence Based On Dna Evidence, J. Brent Alldredge

SMU Law Review

No abstract provided.

Enron And One.Tel: Employee Entitlements After Employer Insolvency In The United States And Australia - (Australian Renegades Championing The American Dream), Louise W. Floyd

SMU Law Review

No abstract provided.

Conflict Of Laws, James P. George, Anna K. Teller

SMU Law Review

No abstract provided.

Health Care Law, Thomas Wm. Mayo

SMU Law Review

No abstract provided.

Anticipatory Repudiation Of Letters Of Credit, Keith A. Rowley

SMU Law Review

No abstract provided.

Dignity: The New Frontier Of State Sovereignty, Scott Dodson

Faculty Publications

In Federal Maritime Commission v. South Carolina State Ports Authority, the Supreme Court strongly articulated a new “dignity” rationale for state sovereign immunity. The article critiques this rationale and argues that it dissociates sovereign immunity from any constitutional grounding. However, in doing so, the rationale frees the Court to develop a more coherent theory of state sovereign immunity. The article explores how the dignity rationale might be used to develop such coherence.

Law And Judicial Duty, Philip A. Hamburger

Faculty Scholarship

Two hundred years ago, in Marbury v. Madison, Chief Justice Marshall delivered an opinion that has come to dominate modern discussions of constitutional law. Faced with a conflict between an act of Congress and the U.S. Constitution, he explained what today is known as "judicial review." Marshall described judicial review in terms of a particular type of "superior law" and a particular type of "judicial duty." Rather than speak generally about the hierarchy within law, he focused on "written constitutions."

He declared that the U.S. Constitution is "a superior, paramount law" and that if "the constitution is superior to any …

Ferpa And The Immigration And Naturalization Service: A Guide For University Counsel On Federal Rules For Collecting, Maintaining And Releasing Information About Foreign Students, Laura A. Webb

Law Faculty Publications

The devastating terrorist attacks against the United States on September 11, 2001, destroyed the World Trade Center in New York City, badly damaged the Pentagon, and took the lives of thousands of individuals. As more details became available about the terrorists who hijacked four U.S. planes to carry out these deadly attacks, universities around the U.S. struggled with the news that several of the hijackers had entered the U.S. on, or had later applied for, "student" visas. University officials began to grapple with new questions presented by these attacks: What responsibilities do the universities have to report foreign students who …

Nullification At Work? A Glimpse From The National Center For State Courts Study Of Hung Juries, Paula Hannaford-Agor, Valerie P. Hans

Faculty Publications

In 1998, the National Institute of Justice awarded a grant to the National Center for State Courts ("NCSC") to examine the frequency and various causes of hung juries. One of the factors that the NCSC project staff investigated was jurors' perceptions of the fairness of the law they were asked to apply in felony trials as well as jury and case characteristics that are often associated with jury nullification. The project also asked judges and other court actors to rate the strength of the evidence in the case. Thus, the project enabled researchers to examine jurors' views, the evidence, and …

Deafness And Chemical Dependency, Jeff Rubin

Articles

No abstract provided.

Towards A New Scholarship For Equal Justice, James S. Liebman

Faculty Scholarship

Over the last thirty years, the legal academy has turned a cold shoulder to the subject matter of this symposium: scholarship for equal justice. I am here to suggest that a thaw may be on the way. By scholarship for equal justice – as distinguished from scholarship about that topic – I mean academic work undertaken for the purpose of improving outcomes for individuals and members of groups who have been systematically held back by their race, sex, poverty, or any other basis for rationing success that our legal system treats with suspicion. With reference to some of my own …

Gender, Work, And The Nafta Labor Side Agreement, Kate Andrias

Faculty Scholarship

It has been nearly ten years since the public debate over the North American Free Trade Agreement ("NAFTA") and the advent of trade liberalization with America's neighbors to the north and south. In the years since NAFTA's signing in 1993, economic globalization has fundamentally changed our conception of the nation-state, citizenship, trade, and work. Economic life in the United States now involves massive cross-border capital and labor flows, and integrated cross-border production chains, particularly with our trading partners in NAFTA. We have seen greater trade liberalization throughout the world, the ascendance of transnational organizations like the World Trade Organization, recurrent …

Juror Information On The Web: A Study Of Hispanic Populated Texas Counties, Irma S. Jones, Janna Arney, Dianna Blankenship

Teaching and Learning Faculty Publications

In response to the initiative of providing juror education materials online, this study proposes that unless Web sites are designed in a usable fashion, this initiative could fail to enhance jury response and further aggravate the problem of underrepresentation by minorities. This study suggests that all online juror information Web sites be analyzed for “usability” and “design” if they are to be an effective education tool. In addition, this study proposes to compare responses to county Web sites in order to gauge bias responses of participants to their own county’s Web site vs. other county Web sites.

The Desert Shall Blossom As The Rose : Pioneering Irrigation / John A. Widtsoe, J. Michael Hunter

Faculty Publications

Beginning in 1847 Mormon pioneers used irrigation or the artificial application of water to land and soil in order to establish an agrarian system in Utah’s sub-humid Salt Lake Valley. Early leaders and members of The Church of Jesus Christ of Latter-day Saints (LDS Church) viewed irrigation as a means of fulfilling the biblical prophecy of Isaiah, “The desert shall rejoice, and blossom as the rose” (Isaiah 35:1), although early pioneers and leaders realized that the Salt Lake Valley was not exactly a desert. In fact, some Mormon leaders described it as a “rich fertile valley.” Although a few Mormon …

The Public Domain: The Evolution Of Legal Restraints On The Government's Power To Control Public Access Through Secrecy Or Intellectual Property, Edward Lee

UC Law Journal

The concept of the public domain is the focus of a firestorm of debate, precipitated by some of the most important controversies of our digital age. This debate, however, is deeply flawed in two critical respects. First, the debate has invoked the public domain without a clear understanding of the origin of the term and the first principles that courts enunciated in recognizing the concept. Second, the debate has focused almost exclusively on intellectual property law in analyzing the public domain, ignoring the many uses of the term in other areas of law, such as First Amendment rights of access, …

Model Checking For Design And Assurance Of E-Business Processes, Bonnie Anderson, James V. Hansen, Paul Benjamin Lowry, Scott L. Summers

Faculty Publications

Use of the Internet for electronic business has the potential to revolutionize the way many businesses are conducted. Yet, several businesses have fallen victim to problems in information systems that facilitate e-Business. These problems are characterized by uncertainties due to system complexity, rapid development, interconnectivity, and a lack of familiarity with the new technologically based economy. This paper demonstrates how model checking can aid in the design and assurance of e- Business processes in environments characterized by distributed processing, parallelism, concurrency, communication uncertainties, and continuous operations.

Automated Rating Of Esl Essays, Deryle W. Lonsdale, Diane Strong-Krause

Faculty Publications

To date, traditional NLP parsers have not been widely successful in TESOLoriented applications, particularly in scoring written compositions. Re-engineering such applications to provide the necessary robustness for handling ungrammatical English has proven a formidable obstacle. We discuss the use of a nontraditional parser for rating compositions that attenuates some of these difficulties. Its dependency-based shallow parsing approach provides significant robustness in the face of language learners’ ungrammatical compositions. This paper discusses how a corpus of L2 essays for English was rated using the parser, and how the automatic evaulations compared to those obtained by manual methods. The types of modifications …

Hearing Voices: Speaker Identification In Court, Lawrence M. Solan, Peter M. Tiersma

UC Law Journal

Many of the problems that people have identifying speakers solely by their voices are similar to those that people have as eyewitnesses. The amount of exposure, the nature of the identification process, and the number of exposures all matter in determining how likely a witness is to make a correct identification. Yet while the reliability of eyewitness identification has been a focal point in the news, scholarly literature, and the courts, the reliability of earwitness identification has gone virtually unnoticed in the case law and legal literature. The reluctance of the legal system to deal with this problem stems from …

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

UC Law Journal

At the annual Jerome Hall Lecture, presented at the Hastings College of Law on September 19, 2002, Professor Hazard explored the concepts behind the American Bar Association's watchword "ABA Defending Liberty, Pursuing Justice" as it relates to the professional activities in which a large percentage of lawyers are regularly and actively engaged. Professor Hazard contends that although the watchword denotes lofty goals, the concepts of seeking justice and preserving liberty are not inconsistent with fee-forservice representation of ordinary individuals in their business matters. Approximately half of the practicing bar is engaged in the representation of business interests, including for-profit business, …

Trustwarp: The Importance Of Legal Rules To Electronic Commerce And Internet Privacy, Peter P. Swire

UC Law Journal

No abstract provided.

The Price Of Macroeconomic Imprecision: How Should The Law Measure Inflation?, Jim Chen

UC Law Journal

Because no economy is forever free from price change, a legal system that seeks to maintain its vitality across the full range of macroeconomic conditions must adopt a proper measure of inflation. In areas such as taxation, economic regulation, and private contracting, the law's response to inflation constitutes a policymaking opportunity in its own right. In campaign finance and judicial compensation, the legal treatment of inflation may have constitutional consequences.

In spite of inflation's profound ramifications for the law, federal law has taken a seemingly haphzard approach toward its measurement. Federal statutes specifying one price index strongly favor the Bureau …

Marital Immunity, Intimate Relationships, And Improper Inferences: A New Law On Sexual Offenses By Intimates, Michelle J. Anderson

UC Law Journal

Today, to one degree or another, marital immunity for sexual offenses persists in over half the states. Underlying the marital rape immunity has been the assumption that when a woman enters into a marriage, she gives her ongoing consent to sexual intercourse. This Article argues that states must abolish this immunity to make the law formally neutral on the marital status of the parties. However, as this Article argues, such formal neutrality is insufficient. The ideology of ongoing consent underlying the marital rape immunity has infected the way the legal system treats sexual offenses among intimates who are not married. …

The Dubious Concept Of Jurisdiction, Evan Tsen Lee

UC Law Journal

The conventional wisdom about jurisdiction is that it equals power and is conceptually distinct from the merits. In this Article, Professor Lee challenges both those notions. Jurisdiction is more akin to legitimate authority than to power, and, as such, cannot be conceptually distinguished from the merits, which also ultimately pertain to legitimate authority. Professor Lee argues that courts should therefore abstain from the metaphysics of jurisdiction-they should always ask whether, all things considered, they should rule as a plaintiff asks, not whether they are capable of so ruling.