Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2005

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 18211 - 18240 of 18705

Full-Text Articles in Entire DC Network

A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller Jan 2005

A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller

Faculty Publications

No abstract provided.


Who Judges The Judges?, John V. Orth Jan 2005

Who Judges The Judges?, John V. Orth

Faculty Publications

No abstract provided.


Canons Of Construction And The Elusive Quest For Neutral Reasoning, James J. Brudney, Corey Distlear Jan 2005

Canons Of Construction And The Elusive Quest For Neutral Reasoning, James J. Brudney, Corey Distlear

Faculty Scholarship

Over the past 15 years, the canons of construction have experienced a remarkable revival in the courts and the legal academy. While the role of this interpretive resource has been heavily theorized, it has until now been under-explored from an empirical standpoint. This article adopts a novel combination of empirical and doctrinal analysis to uncover the Supreme Court's complex patterns of reliance on the canons over a 34-year period. We focus on whether the canons are favored across different time periods, in particular subject matter areas, by individual justices, and in close cases. Our approach - identifying ten different interpretive …


Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I , Rachel Vorspan Jan 2005

Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I , Rachel Vorspan

Faculty Scholarship

This Article examines the role of the English courts during World War I, particularly the judicial response to executive infringements on individual liberty. Focusing on the areas of detention, deportation, conscription, and confiscation of property, the Article revises the conventional depiction of the English judiciary during World War I as passive and peripheral. It argues that in four ways the judges were activist and energetic, both in advancing the government's war effort and in promoting their own policies and powers. First, they were judicial warriors, developing innovative legal strategies to legitimize detention and other governmental restrictions on personal. Second, they …


Congress's Power To Enforce Fourteenth Amendment Rights: Lessons From Federal Remedies The Framers Enacted , Robert J. Kaczorowski Jan 2005

Congress's Power To Enforce Fourteenth Amendment Rights: Lessons From Federal Remedies The Framers Enacted , Robert J. Kaczorowski

Faculty Scholarship

Professor Robert Kaczorowski argues for an expansive originalist interpretation of Congressional power under the Fourteenth Amendment. Before the Civil War Congress actually exercised, and the Supreme Court repeatedly upheld plenary Congressional power to enforce the constitutional rights of slaveholders. After the Civil War, the framers of the Fourteenth Amendment copied the antebellum statutes and exercised plenary power to enforce the constitutional rights of all American citizens when they enacted the Civil Rights Act of 1866 and then incorporated the Act into the Fourteenth Amendment. The framers of the Fourteenth Amendment thereby exercised the plenary power the Rehnquist Court claims the …


Sexuality And Sovereignty: The Global Limits And Possibilities Of Lawrence Symposium: Legal Rights In Historical Perspective: From The Margins To The Mainstream, Sonia K. Katyal Jan 2005

Sexuality And Sovereignty: The Global Limits And Possibilities Of Lawrence Symposium: Legal Rights In Historical Perspective: From The Margins To The Mainstream, Sonia K. Katyal

Faculty Scholarship

In the summer of 2003, the Supreme Court handed gay and lesbian activists a stunning victory in the decision of Lawrence v. Texas, which summarily overruled Bowers v. Hardwick. At issue was whether Texas' prohibition of same-sex sexual conduct violated the Due Process Clause of the U.S. Constitution. In a powerful, poetic, and strident opinion, Justice Kennedy, writing for a six-member majority, reversed Bowers, observing that individual decisions regarding physical intimacy between consenting adults, either of the same or opposite sex, are constitutionally protected, and thus fall outside of the reach of state intervention. Volumes can be written about the …


Last Wave: The Rise Of The Contingent School District, The , Aaron J. Saiger Jan 2005

Last Wave: The Rise Of The Contingent School District, The , Aaron J. Saiger

Faculty Scholarship

Spurred in part by state court cases holding that states bear a constitutional duty to educate all children adequately, and making creative use of the arguments of school choice advocates, the states and other policy actors have in recent years recast the problem of deficient schooling as one of government structure rather than one of individual rights. This reorientation has contributed to a dramatic erosion of the traditional role of the local school district as the leading administrative, policymaking, and legal unit of American school government. A new, polyarchic distribution of power has arisen in place of district primacy, bearing …


Judicial Federalism In The Ecj's Berlusconi Case: Toward More Credible Corporate Governance And Financial Reporting Recent Development, Martin Gelter, Mathias M. Siems Jan 2005

Judicial Federalism In The Ecj's Berlusconi Case: Toward More Credible Corporate Governance And Financial Reporting Recent Development, Martin Gelter, Mathias M. Siems

Faculty Scholarship

In recent years, the general public in many countries has become increasingly aware of issues concerning business accounting and financial reporting. Americans hardly need to be reminded of the Enron debacle, where members of the company's senior management engaged in fraudulent off-balance sheet transactions to disguise the true state of the company's financial condition, a scheme that auditors failed to uncover until the company's implosion. This and other major corporate governance cases involving questionable or fraudulent accounting practices led to the Sarbanes-Oxley Act of 2002. This law was an unprecedented Congressional intervention into corporate governance, an arena that had previously …


Law, Lawyers, And Labor: The United Farm Workers' Legal Strategy In The 1960s And 1970s And The Role Of Law In Union Organizing Today , Jennifer Gordon Jan 2005

Law, Lawyers, And Labor: The United Farm Workers' Legal Strategy In The 1960s And 1970s And The Role Of Law In Union Organizing Today , Jennifer Gordon

Faculty Scholarship

What does law offer labor? It depends. The specifics of the law in question are critical, as are the make-up and funding of the agency that is charged with implementing it and the economic strength, political clout, and strategic creativity of the unions and employers that it governs. Today's discussions of the NLRA from the union perspective are tinged with desperation about what law does for and to organizing-a desperation that is born of labor's sense that it has lost too many important battles before the NLRB and the courts over the interpretation of the NLRA. In despair, however, workers …


Lifting Our Veil Of Ignorance: Culture, Constitutionalism, And Women's Human Rights In Post-September 11 America , Catherine Powell Jan 2005

Lifting Our Veil Of Ignorance: Culture, Constitutionalism, And Women's Human Rights In Post-September 11 America , Catherine Powell

Faculty Scholarship

This Article challenges the culture clash view of human rights law, which posits a clash between Western countries' presumed respect for women's human rights and non-Western countries' presumed rejection of these rights on cultural and religious grounds. Since the September 11 terrorist attacks, this view has taken on new significance, in light of the perceived civilizational divide between the Western and Muslim worlds. The Article calls into question this view, by examining cultural stereotypes of women used to oppose U.S. ratification of the Convention on the Elimination of All Forms of Discrimination Against Women. My reading, therefore, is at odds …


Judicial Regulation Of Excessive Punishments Through The Eighth Amendment, Youngjae Lee Jan 2005

Judicial Regulation Of Excessive Punishments Through The Eighth Amendment, Youngjae Lee

Faculty Scholarship

This article considers judicial regulation of excessive punishments through the Eighth Amendment.


Constitutional Right Against Excessive Punishment, The, Youngjae Lee Jan 2005

Constitutional Right Against Excessive Punishment, The, Youngjae Lee

Faculty Scholarship

When is a death sentence, a sentence of imprisonment, or a fine so "excessive" or "disproportionate" in relation to the crime for which it is imposed that it violates the Eighth Amendment? Despite the urgings of various commentators and the Supreme Court's own repeated, albeit uncertain, gestures in the direction of proportionality regulation by the judiciary, the Court's answer to this question within the past few decades is a body of law that is messy and complex, yet largely meaningless as a constraint. In the core of this ineffectual and incoherent proportionality jurisprudence lies a conceptual confusion over the meaning …


Theory Of Punitive Damages, Benjamin C. Zipursky Jan 2005

Theory Of Punitive Damages, Benjamin C. Zipursky

Faculty Scholarship

A contemporary theory of punitive damages must answer two questions: (1) what place, if any, do punitive damages have in the civil law of tort, given that they appear to involve an idea of criminal punishment? (2) why are punitive damages subject to special constitutional scrutiny, as in the Supreme Court's decision in BMW v. Gore, if they really are part of the civil law of tort? The article offers a theory that can answer both of these questions. Punitive damages have a double aspect, corresponding to two senses of "punitive." Insofar as they pertain to the state's goal of …


Technology And Internet Jurisdiction, Joel R. Reidenberg Jan 2005

Technology And Internet Jurisdiction, Joel R. Reidenberg

Faculty Scholarship

No abstract provided.


Tripoint Issues In Maritime Boundary Delimitation, Coalter G. Lathrop Jan 2005

Tripoint Issues In Maritime Boundary Delimitation, Coalter G. Lathrop

Faculty Scholarship

Tripoint issues arise in maritime boundary delimitation where the maritime areas of three coastal states converge and overlap. Where this trilateral geographic relationship exists, so to does the potential for a tripoint at which three bilateral maritime boundaries could intersect. How should the endpoint(s) of the bilateral boundary be defined in light of possible third party interests? The goal of this report is to provide boundary practitioners with some answers to that question based on the maritime boundary delimitation practice of states, the International Court of Justice, and maritime boundary tribunals.


Teaching National Security Law, Scott L. Silliman Jan 2005

Teaching National Security Law, Scott L. Silliman

Faculty Scholarship

No abstract provided.


Medical Malpractice And The Tort System In Illinois (Report To The Illinois State Bar Association, May 2005), Neil Vidmar Jan 2005

Medical Malpractice And The Tort System In Illinois (Report To The Illinois State Bar Association, May 2005), Neil Vidmar

Faculty Scholarship

A report to the Illinois State Bar Association of a study examining the incidence, frequency, size of verdicts and other aspects of the medical malpractice system in Illinois. The study looked at statewide data where available, concentrating on Cook and DuPage counties, and Madison and St. Clair counties. The study concludes that the Illinois tort system does not appear to be the cause of the undisputed fact that doctors' liability insurance premiums showed dramatic rises.


Tax Shelters And The Search For The Silver Bullet, Lawrence A. Zelenak, Marvin Chirelstein Jan 2005

Tax Shelters And The Search For The Silver Bullet, Lawrence A. Zelenak, Marvin Chirelstein

Faculty Scholarship

This article describes the ongoing legislative and administrative efforts to curtail tax shelters. It concludes that these efforts, which rely largely on disclosure requirements and penalties, cannot succeed as long as taxpayers continue to win many of the litigated shelter cases. It also concludes that the recent proposal of the Joint Committee on Taxation, to codify the economic substance doctrine, is unlikely to solve the problem. Although the proposal would have the salutary effect of preventing courts from deciding that the economic substance doctrine does not exist, courts would remain free to conclude that the doctrine is not applicable in …


Book Review, Just Trade, Joost H. B. Pauwelyn Jan 2005

Book Review, Just Trade, Joost H. B. Pauwelyn

Faculty Scholarship

Reviewing, Frank J. Garcia, Trade, Inequality and Justice: Toward a Liberal Theory of Just Trade (2003)


Rejoinder: The War On Terrorism: International Law, Clear Statement Requirements, And Constituitional Design, Curtis A. Bradley, Jack L. Goldsmith Jan 2005

Rejoinder: The War On Terrorism: International Law, Clear Statement Requirements, And Constituitional Design, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

No abstract provided.


Proprietary Rights And Collective Action: The Case Of Biotechnology Research With Low Commercial Value, Arti K. Rai Jan 2005

Proprietary Rights And Collective Action: The Case Of Biotechnology Research With Low Commercial Value, Arti K. Rai

Faculty Scholarship

No abstract provided.


The Re-State-Ment Of Non-State Law: The State, Choice Of Law, And The Challenge From Global Legal Pluralism, Ralf Michaels Jan 2005

The Re-State-Ment Of Non-State Law: The State, Choice Of Law, And The Challenge From Global Legal Pluralism, Ralf Michaels

Faculty Scholarship

Should choice of law norms ever designate non-state norms as applicable law? The question is not new of course, although it is seldom discussed systematically. Yet the question moves from the periphery to the center once we view conflict of laws through the lens of globalization. If, through the lens of globalization, states and non-state communities both create norms, this should pose a challenges to conflict of laws rules that traditionally only designates state norms as applicable law. Somewhat surprisingly, conflict of laws and global legal pluralism rarely meet, so far, in analyses This paper does not set out its …


The Transformation Of World Trade, Joost H. B. Pauwelyn Jan 2005

The Transformation Of World Trade, Joost H. B. Pauwelyn

Faculty Scholarship

No abstract provided.


The Sutherland Report: A Missed Opportunity For Genuine Debate On Trade, Globalization, And Reforming The Wto, Joost H. B. Pauwelyn Jan 2005

The Sutherland Report: A Missed Opportunity For Genuine Debate On Trade, Globalization, And Reforming The Wto, Joost H. B. Pauwelyn

Faculty Scholarship

In January 2005, at the 10th anniversary of the organization, the World Trade Organization (WTO) issued the long-awaited high-level panel report on The Future of the WTO. This essay explains why the so-called Sutherland Report, named after one of its authors, is likely to be regarded by history as a missed opportunity. The report was written by insiders, focuses on insider problems and offers what are essentially insider-based solutions. The essay addresses two specific foundational problems skirted in the Sutherland report: (i) the WTO's protectionist/producer bias and (ii) the question of coordination and coherence with other international organizations. It also …


Captured By Evil: The Idea Of Corruption In Law, Laura S. Underkuffler Jan 2005

Captured By Evil: The Idea Of Corruption In Law, Laura S. Underkuffler

Faculty Scholarship

Corruption is one of the most powerful words in the English language. When it comes to the treatment of corruption by law, however, corruption is a troubled concept. With increasing recognition of the costs of corruption for economic development, democratic governance, international aid programs, and other world goals, attempts to articulate what this destructive force is have led to an avalanche of theoretical writing. In the last fifteen years, corruption has been variously defined as the violation of law, a public servant's breach of public duty, an agent's betrayal of a principal's interests, the pursuit of secrecy, the denial of …


Annual Reports Of The Town Of Seabrook, New Hampshire For The Year Ending December 31st, 2004 As Compiled By The Town Officers., Seabrook Town Representatives Jan 2005

Annual Reports Of The Town Of Seabrook, New Hampshire For The Year Ending December 31st, 2004 As Compiled By The Town Officers., Seabrook Town Representatives

Seabrook, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.


Personal Propaganda Project| Seeking An Audience, Timothy Marion Nielson Jan 2005

Personal Propaganda Project| Seeking An Audience, Timothy Marion Nielson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Partisan Fairness And Resistricting Politics, Adam B. Cox Jan 2005

Partisan Fairness And Resistricting Politics, Adam B. Cox

Public Law and Legal Theory Working Papers

Courts and scholars have operated on the implicit assumption that the Supreme Court’s “one person, one vote” jurisprudence put redistricting politics on a fixed, ten-year cycle. Recent redistricting controversies in Colorado, Texas, and elsewhere, however, have undermined this assumption, highlighting the fact that most states are currently free to redraw election districts as often as they like. This essay explores whether partisan fairness—a normative commitment that both scholars and the Supreme Court have identified as a central concern of districting arrangements— would be promoted by a procedural rule limiting the frequency of redistricting. While the literature has not considered this …


Evaluating The Fiscal-Inflation Interaction As An Argument For Fiscal Rules In The European Economic And Monetary Union, Joseph P. Broach Jan 2005

Evaluating The Fiscal-Inflation Interaction As An Argument For Fiscal Rules In The European Economic And Monetary Union, Joseph P. Broach

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Exploring Yesterday Preparing For Tomorrow : A Personal Perspective On Native American Cultural Studies In The Elementary Classroom As Experienced In The Multi-Grade Environment Of A Rural School, Donna Clair Peck Jan 2005

Exploring Yesterday Preparing For Tomorrow : A Personal Perspective On Native American Cultural Studies In The Elementary Classroom As Experienced In The Multi-Grade Environment Of A Rural School, Donna Clair Peck

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.