Digital Commons Network^™

Constitutional Law - The Supreme Court Still Hasn't Found What It Should Be Looking For: A Test That Effectively And Consistently Defines Punishment For Constitutional Protection Analysis, William F. Shimko

Wyoming Law Review

No abstract provided.

The Standard For Setting Utility Rates In Wyoming: Restoring The Required Balance Between Investors And Customers, James M. Van Nostrand

Wyoming Law Review

No abstract provided.

Why Antitrust Damage Levels Should Be Raised, Robert H. Lande

All Faculty Scholarship

The conventional wisdom is that current antitrust damage levels are too high, lead to overdeterrence, and should be cut back. Although most agree that threefold damages are fine, at least for cartels, the combination of treble damages to direct purchasers and another treble damages to indirect purchasers typically is denounced as duplicative, a "mess," or the equivalent of the use of "cluster bombs" on defendants. This article, however, will assert the opposite. This article will argue that, if the current antitrust damage levels are examined carefully, they do not even total treble damages, and overall are not high enough to …

Tacking Left: A Radical Critique Of Grutter, Daria Roithmayr

Publications

No abstract provided.

The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps

All Faculty Scholarship

Understanding the Fourteenth Amendment is the key question of Constitutional law, both as it pertains to individual rights and, in many areas, as it relates to questions of Congressional power as opposed to the reserved powers of the states. The Amendment is often disaggregated and read clause by clause - but the intellectual and political background of its framers suggests that the Amendment in fact forms a coherent whole and that reading it as a whole might be a fertile source of new meanings. The Amendment was written by politicians who had spent their careers deeply involved in anti-slavery politics. …

Expansion And Restriction: Competing Pressures On United Kingdom Asylum Policy, Elizabeth Keyes

All Faculty Scholarship

Analysis of asylum policy in the United Kingdom thus requires examination of the complex interaction between domestic and international pressures, between legislative and judicial action, and between expansionism and restrictionism. In Part I, this paper considers the history of asylum in the UK through the 1990s, looking at the changes that occurred over the 20th century, and the international legal obligations at the core of the UK's asylum policy. The paper specifically addresses Britain's new commitments to European Union asylum policies, and the ways in which Britain's overall relationship with the EU affects Britain's domestic asylum policy. In Part II, …

Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr.

Faculty Scholarship

No abstract provided.

Affirmative Action And Colorblindness From The Original Position, Guy-Uriel Charles

Faculty Scholarship

In this Article, the author explores Grutter v. Bollinger from the vantage point of the colorblindness principle. He posits that the Grutter decision is noteworthy for two reasons. First, the Court rejected the argument that the Constitution is colorblind and that the classifications based on race are per se unconstitutional. Second, the Court explicitly recognized that racial categorizations are not all morally equivalent. The author uses classical liberalism as a heuristic for exploring whether the colorblindness argument is necessarily a moral imperative. He ultimately concludes that the Court adopted the correct approach in Grutter in rejecting the allure of the …

In Defense Of Deference, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.

Law, Politics, And Judicial Review: A Comment On Hasen, Guy-Uriel Charles

Faculty Scholarship

No abstract provided.

Intellectual Property Rights In Plant Varieties: An Overview With Options For National Governments, Laurence R. Helfer

Faculty Scholarship

No abstract provided.

Hearsay, Confrontation, And Forfeiture By Wrongdoing: Crawford V. Washington, A Reassessment Of The Confrontation Clause, Paul W. Grimm, Jerome E. Deise Jr.

Faculty Scholarship

No abstract provided.

Rethinking The Jurisdiction Of Bankruptcy Courts Over Post-Confirmation Federal Tax Liabilities: Towards A New Jurisprudence Of 11 U.S.C. § 505, Shu-Yi Oei

Faculty Scholarship

No abstract provided.

When Does Government Limit The Impact Of Voter Initiatives?, Elisabeth R. Gerber

Faculty Scholarship

Citizens use the initiative process to make new laws. Many winning initiatives, however, are altered or ignored after Election Day. We examine why this is, paying particular attention to several widely-ignored properties of the post-election phase of the initiative process. One such property is the fact that initiative implementation can require numerous governmental actors to comply with an initiative’s policy instructions. Knowing such properties, the question then becomes: When do governmental actors comply with winning initiatives? We clarify when compliance is full, partial, or not at all. Our findings provide a template for scholars and observers to better distinguish cases …

Experimentalist Equal Protection, Brandon L. Garrett, James S. Liebman

Faculty Scholarship

Elsewhere Garrett and Liebman have recounted that though James Madison is considered "the Father of the Constitution," his progeny disappointed him because it was defenseless against self-government's "mortal disease "-the oppression of minorities by local majorities-because the Framers rejected the radical structural approach to equal protection that Madison proposed. Nor did the framers of the Fourteenth Amendment's Equal Protection Clause and federal courts enforcing it adopt a solution Madison would have considered "effectual." This Article explores recent subconstitutional innovations in governance and public administration that may finally bring the nation within reach of the constitutional polity Madison envisioned To explain …

Madisonian Equal Protection, James S. Liebman, Brandon L. Garrett

Faculty Scholarship

James Madison is considered the "Father of the Constitution," but his progeny disappointed him. It had no effective defense against self-government's "mortal disease "--the oppression of minorities by local majorities. This Article explores Madison's writings in an effort to reclaim the deep conception of equal protection at the core of his constitutional aspirations. At the Convention, Madison passionately advocated a radical structural approach to equal protection under which the "extended republic's" broadly focused legislature would have monitored local laws and vetoed those that were parochial and "unjust." Rejecting this proposal to structure equal protection into the "interior" operation of government, …

A Tournament Of Judges?, Stephen Choi, Mitu Gulati

Faculty Scholarship

We suggest a Tournament of Judges where the reward to the winner is elevation to the Supreme Court. Politics (and ideology) surely has a role to play in the selection of justices. However, the present level of partisan bickering has resulted in delays in judicial appointments as well as undermined the public's confidence in the objectivity of justices selected through such a process. More significantly, much of the politicking is not transparent, often obscured with statements on a particular candidate's "merit"- casting a taint on all those who make their way through the judicial nomination process. We argue that the …

Workplace Mediation: The First-Phase, Private Caucus In Individual Discrimination Disputes, Emily M. Calhoun

Publications

No abstract provided.

The Obligation Of Legal Aid Lawyers To Champion Practice By Nonlawyers, Deborah J. Cantrell

Publications

No abstract provided.

Petitioner's Brief, Richard B. Collins

Publications

No abstract provided.

The Quiet Transformation Of Corporate Law, Mark J. Loewenstein

Publications

No abstract provided.

Diversity And The Practice Of Interest Assessment, Robert F. Nagel

Publications

No abstract provided.

Women Choosing Diverse Workplaces: A Rational Preference With Disturbing Implications For Both Occupational Segregation And Economic Analysis Of Law, Scott A. Moss

Publications

Despite women's dramatic labor market gains, there remains a striking degree of occupational segregation by gender. Analysts typically blame discrimination or women's work/family priorities. This Article offers a different explanation.

It is hard for women choosing jobs or occupations to know where they will face discrimination, particularly since recent judicial decisions eliminated certain employer signals that once differentiated fair and discriminatory firms. One way women can effectuate a preference for nondiscriminatory workplaces is by choosing gender-diverse workplaces. Nondiverse workplaces often are not female-friendly, and discrimination may be the reason they are nondiverse. In economic terms, women rationally use level of …

A Different Kind Of Labor Law: Vagrancy Law And The Regulation Of Harvest Labor, 1913-1924, Ahmed A. White

Publications

No abstract provided.

Mutiny, Shipboard Strikes, And The Supreme Court's Subversion Of New Deal Labor Law, Ahmed A. White

Publications

No abstract provided.

Aquaculture And Pollutants Under The Clean Water Act: A Case For Regulation, Sean M. Helle

Publications

No abstract provided.

Catalog Denison University 2004-2005

Denison University Catalogs

Denison University Course Catalog 2004-2005

Employment Research, Vol. 11, No. 1, January 2004

Employment Research Newsletter

No abstract provided.

Judicial Constellations: Guiding Principles As Navigational Aids, Honorable Paul Michel

Case Western Reserve Law Review

No abstract provided.

The Federal Circuit: A Continuing Experiment Specialization, Rochelle Cooper Dreyfuss

Case Western Reserve Law Review

No abstract provided.