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Misusing International Sources To Interpret The Constituion, Roger P. Alford

Journal Articles

This article addresses the trend toward using international sources to interpret the Constitution. While recognizing that international sources may be appropriately used as persuasive authority in certain types of constitutional analysis, this article argues that such reliance is inappropriate if done improperly. There are four misuses of international sources that serve as the focus of the article.

The first misuse of international sources - particularly evident in death penalty litigation - occurs when the global opinions of humankind are ascribed constitutional value to thwart the domestic opinions of Americans. The article suggests that international norms cannot be internalized within our …

Ordering (And Order In) The City, Nicole Stelle Garnett

Journal Articles

Over the past two decades, the broken windows hypothesis by George Kelling and James Q. Wilson has revolutionized thinking about urban policy. This now-familiar theory is that uncorrected manifestations of disorder, even minor ones like broken windows, signal a breakdown in the social order that accelerates neighborhood decline. The response to this theory has been a proliferation of policies focusing on public order. Largely missing from the academic debate about these developments is a discussion of the complex and important role of property regulation in order-maintenance efforts. This Article attempts to fill that property law gap in the public-order puzzle …

Prostitution, Hustling, And Sex Work Law And Policy, Polly Thistlethwaite

Publications and Research

Prostitution, hustling, and sex work are forms of labor, not erotic preferences or identities as are gay, lesbian, bisexual, and transgender, but sex workers and queers alike are stigmatized and criminalized for consensual sexual activity. The state – federal, state, and local law enforcement – routinely interferes with certain types of sexual activity. Enforcement of laws regulating sex behavior often varies given the discretion of local police. In her 1989 essay “Thinking Sex,” Gayle Rubin positions sex-for-money, prostitution, with pornography, promiscuous sex, pornography, and homosexual sex in the low status “outer limits” of the contemporary American sex hierarchy; while heterosexual, …

The End Of Legitimacy, Mary Ellen O'Connell

Journal Articles

IRAQ: ONE YEAR LATER

INTRODUCTORY REMARKS by Mary Ellen O'Connell, 261

THE USE OF FORCE IN IRAQ: ILLEGAL AND ILLEGITIMATE by Anne-Marie Slaughter, 262-63

THE IRAQ WAR AND THE FUTURE OF INTERNATIONAL LAW by Richard Falk, 263-66

THE ROLE OF INTERNATIONAL LAW AND THE UN AFTER IRAQ by Thomas M Franck, 266-69

THE END OF LEGITIMACY by Mary Ellen O'Connell, 269-70

THE PROBLEMS OF LEGITIMACY-SPEAK by James Crawford, 271-73

Reflections On The Manifold Means Of Enforcing The Antitrust Laws: Too Much, Too Little, Or Just Right?, Joseph P. Bauer

Journal Articles

Lately, much attention has been given to the scope of the antitrust laws. This discussion has two overlapping components: (1) consideration of the substantive doctrines specifying the behavioral or structural changes that are or are not unlawful and the appropriate methodology; and (2) analysis for making those determinations with attention given to the appropriate vehicles for enforcing the antitrust laws. Some argue that the antitrust laws proscribe activities that are either pro-competitive or at worst benign. Further, they assert that the multiplicity of antitrust enforcers and enforcement devices has resulted in undue burdens, including excessive cost, time delay, and forestalling …

The Accidental Legal Historian: Herman Melville And The History Of American Law, Alfred S. Konefsky

Journal Articles

No abstract provided.

International Legal Developments In Review: 2003 [Foreign Law Review], Roger P. Alford

Journal Articles

Contents

• Introduction

Volume 38 Issues 2 (Summer) and 3 (Fall) are titled "International Legal Developments in Review: 2003." This Fall issue covers specific country laws. In previous volumes the Fall issue was titled "Foreign Law Year in Review..." and covered specific country laws.

The Globalization Of Human Rights: Consciousness, Law And Reality, Douglass Cassel

Journal Articles

Human rights have suffered sharp setbacks in the four years since the paper that follows was delivered in London in the summer of 2000. The terrorist attacks on the United States on September 11, 2001, and the Bush Administration’s ensuing “war on terrorism,” have led not only to a demotion of human rights on the list of American foreign policy priorities, but also to gross violations of human rights by Washington. Among other recent assaults on the rule of law are the prolonged detentions of hundreds of prisoners without trial or due process of law at the United States Naval …

Does Title Ix Protect Academic Whistle Blowers? An Analysis Of Jackson V. Birminghan Board Of Education, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005). The author expected the Court to decide whether Title IX's ban on discrimination allows a private individual to sue for retaliation when a recipient of federal funds engages in adverse action against that individual because of his complaints that the recipient is violating Title IX?

What Is The Time Limit For Filing A Lawsuit? It Depends On What Your Definition Of "Arising Under" Is! An Analysis Of Jones V. R.R. Donnelley & Sons Co., Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Jones et. al. v. R.R. Donnelly & Sons Co., 541 U.S. 369 (2004). The author predicted that the case would require the court to determine the appropriate statute of limitations to apply in a class action race-discrimination lawsuit filed under 42 U.S.C. § 1981.

What Is An Employer's Liability For Constructive Discharge Under Title Vii? An Analysis Of Pennsylvania State Police V. Suders, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Pennsylvania State Police v. Suders, 542 U.S. 129 (2004). In this case involving Title VII, the author expected the Court to analyze whether whether a constructive discharge caused by supervisory harassment is a tangible employment action for purposes of imposing striet liability.

On The Historical School Of Jurisprudence, Robert E. Rodes

Journal Articles

Legal theory has tended to treat the Historical School as a poor relation, but it has important contributions to make. Developed in opposition to the one-size-fits-all form of natural law that eventuated in the Code Napoleon, it attributes law to a Volksgeist, the spirit of a people, as developed in the peculiar historical experience of that people. The original German proponents of the school had trouble explaining the reception of Roman law in Germany, but despite the importation of technical elements from without, a people's laws are in fact part of their culture and of their spiritual heritage as these …

Helping Enact Unjust Laws Without Complicity In Injustice, John M. Finnis

Journal Articles

The form of enactments must be distinguished from their legal meaning (their "juridical effect"), that is, from the propositions of law which those enactments, properly interpreted, make legally valid. This distinction makes it possible, and rationally necessary, to conclude that, in certain contexts, a certain statute which declares or textually implies that some abortions are legally permitted (but others prohibited) is not apermissive law within the meaning of the principle, assumed in this article to be true, that permissive abortion laws are intrinsically unjust and may never be voted for. A permissive statute, in that sense, is one which has …

Table Of Contents - Issue 2

Missouri Law Review

No abstract provided.

Copyright Nonconsequentialism, David Mcgowan

Missouri Law Review

This Article explores the foundations of copyright law. It tries to explain why those who debate copyright often seem to talk past each other. I contend the problem is that copyright scholars pay too much attention to instrumental arguments, which are often indeterminate, and too little to the first principles that affect how one approaches copyright law.

Let In A Little Sunshine: Limiting Confidential Settlements In Missouri, Rhiana Sharp

Missouri Law Review

This Comment will first address the different ways that parties are able to keep secret information obtained during discovery and litigation. Next, it will address how different jurisdictions control public access, focusing specifically on the current laws and rules in Missouri. Finally, the Comment will suggest components of an ideal “sunshine in litigation” statute and how the law in Missouri currently compares to that ideal.

Disrespectful, Offensive, Boorish & (And) Decidedly Immature Behavior Is Not Sufficient To Meet The Requirements Of Title Vii , Melissa Null

Missouri Law Review

The United States Supreme Court has stated that when considering whether conduct reaches the threshold of actionable sexual harassment it is necessary to look at the totality of the circumstances. The Equal Employment Opportunity Commission (“EEOC”) also advances this approach. However, a circuit split exists in applying the totality of the circumstances approach. One approach includes considering the work environment as part of the totality of the circumstances, while the other approach specifically reject considering whether the environment is blue-collar or professional. This Note explains that while the Eighth Circuit has not specifically adopted one approach, it seems apparent form …

Should A Lawyer Ever Be Allowed To Lie? People V. Pautler And A Proposed Duress Exception, Livingston Keithley

University of Colorado Law Review

No abstract provided.

To See The Mountains: Restoring Colorado's Clear And Healthy Air, The Honorable Gregory J. Hobbs, Jr.

University of Colorado Law Review

No abstract provided.

Finding More Pieces For The Takings Puzzle: How Correcting History Can Clarify Doctrine, David A. Thomas

University of Colorado Law Review

No abstract provided.

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

University of Colorado Law Review

No abstract provided.

Keeping The Home Team At Home: Antitrust And Trademark Law As Weapons In The Fight Against Professional Sports Franchise Relocation, Don Nottingham

University of Colorado Law Review

No abstract provided.

The Property Clause And New Federalism, Allison H. Eid

University of Colorado Law Review

No abstract provided.

Judicial Safeguards Of Federalism And The Environment: Yucca Mountain From A Constitutional Perspective, John C. Yoo, Jennifer L. Koester

University of Colorado Law Review

No abstract provided.

Hate Crime Depicted In Film, Waylon C. Baker

Theses and Dissertations

No abstract provided.

Ojibway Women In Transition : The Influence Of The Church On The Traditional Roles Of Objibway Women And Its Effects On Ojibway Society, Anastasia Bowe

Theses and Dissertations

No abstract provided.

Remote Sensing And Predictive Modeling Of Saltcedar (Tamarix) In The Northern Great Plains, David A. Brookman

Theses and Dissertations

No abstract provided.

Article Iii And The Cause Of Action, Anthony J. Bellia Jr.

Journal Articles

This Article undertakes a systematic exploration of the concept of the "cause of action" as it is used by courts and scholars in making arguments about the scope of the federal judicial power. The concept of the cause of action figures prominently in debates about such fundamental questions as what kinds of cases Congress may empower federal courts to adjudicate (jurisdiction), who may initiate a case in federal court (standing), and when a federal court may afford a plaintiff a private remedy for the violation of a federal regulatory scheme (implied rights of action). Federal courts have answered these questions, …

Refreshing The Heart Of The City: Vacant Building Receivership As A Tool For Neighborhood Revitalization And Community Empowerment, James J. Kelly Jr.

Journal Articles

Vacant Building Receivership is a building code enforcement tool that dispossesses and forecloses on owners of vacant buildings who are unwilling or unable to bring their derelict properties into basic conformity with basic building codes. This article examines vacant building receivership as a tool for ensuring the renovation of vacant buildings and as a means by which communities can develop increased confidence in and control of residential development in their neighborhoods. After discussing the need for a vacant house strategy tailored to support mid-level urban neighborhoods, the article, in its second section, will analyze how Baltimore's vacant building receivership remedy …

Alternative Sanctions And The Federal Tax Law: Symbols, Shaming, And Social Norm Management As A Substitute For Effective Tax Policy, Michael S. Kirsch

Journal Articles

On several occasions in the past decade, when confronted with taxpayers taking advantage of the Internal Revenue Code in ways that Congress considered objectionable, Congress responded in an unusual way. Rather than merely modifying the Internal Revenue Code to alter the tax consequences of the taxpayer's actions, or imposing traditional civil or criminal penalties on the taxpayer, Congress turned to alternative sanctions. For example, in response to United States citizens who renounce citizenship to avoid taxes, Congress enacted public shaming provisions that require publication of the individuals' names in the Federal Register and modified the federal immigration laws to banish …