Digital Commons Network^™

Administrative Law As The New Federalism, Gillian E. Metzger

Faculty Scholarship

Despite the recognized impact that the national administrative state has had on the federal system, the relationship between federalism and administrative law remains strangely inchoate and unanalyzed. Recent Supreme Court case law suggests that the Court is increasingly focused on this relationship and is using administrative law to address federalism concerns even as it refuses to curb Congress's regulatory authority on constitutional grounds. This Article explores how administrative law may be becoming the new federalism and assesses how well-adapted administrative law is to performing this role. It argues that administrative law has important federalism-reinforcing features and represents a critical approach …

Sovereign Wealth Funds And Corporate Governance: A Minimalist Response To The New Mercantilism, Ronald J. Gilson, Curtis J. Milhaupt

Faculty Scholarship

Keynes taught years ago that international cash flows are always political. Western response to the enormous increase in the number and the assets of sovereign wealth funds (SWFs), and other government-directed investment vehicles that often get lumped together under the SWF label, proves Keynes right. To their most severe critics, SWFs are a threat to the sovereignty of the nations in whose corporations they invest. The heat of the metaphors matches the volume of the complaints. The nations whose corporations are targets of investments are said to be threatened with becoming "sharecropper" states if ownership of industry moves to foreign-government …

Longing For Loving, Katherine M. Franke

Faculty Scholarship

Our task in this Symposium is to place Loving v. Virginia in a contemporary context: to interpret, if not reinterpret, its meaning in light of the settings in which race, sexuality, and intimacy are being negotiated and renegotiated today. So we might ask, in what way are Mildred and Richard Loving role models for us today? How, if at all, does the legal movement for marriage equality for interracial couples help us think through our arguments and strategies as we struggle today for marriage equality for same-sex couples?

One way to frame these questions is to ask whether there is …

Punishment, Deterrence And Social Control: The Paradox Of Punishment In Minority Communities, Jeffery Fagan, Tracey L. Meares

Faculty Scholarship

Since the early 1970s, the number of individuals in jails and state and federal prisons has grown exponentially. Today, nearly two million people are currently incarcerated in state and federal prisons and local jails. The growth of imprisonment has been borne disproportionately by. African-American and Hispanic men from poor communities in urban areas. Rising.incarceration should have greatly reduced the crime rate. After all, incapacitated offenders were no longer free to rob, assault, steal, or commit other crimes. However, no large-scale reduction in crime was detected until the mid-1990s. The failure of crime rates to decline commensurately with increases in the …

The Irony Of Judicial Elections, David E. Pozen

Faculty Scholarship

Judicial elections in the United States have undergone a dramatic transformation. For more than a century, these state and local elections were relatively dignified, low-key affairs. Campaigning was minimal; incumbents almost always won; few people voted or cared. Over the past quarter century and especially the past decade, however, a rise in campaign spending, interest group involvement, and political speech has disturbed the traditional paradigm. In the "new era," as commentators have dubbed it, judicial races routinely feature intense competition, broad public participation, and high salience.

This Article takes the new era as an opportunity to advance our understanding of …

The Public Trust Doctrine, Environmental Human Rights, And The Future Of Private Property, David Takacs

Faculty Scholarship

No abstract provided.

Conceptual Hurdles To The Application Of Atkins V. Virginia, Lois A. Weithorn

Faculty Scholarship

No abstract provided.

The Evolution Of "Fred": Family Responsibilities Discrimination And Developments In The Law Of Stereotyping And Implicit Bias, Joan C. Williams, Stephanie Bornstein

Faculty Scholarship

No abstract provided.

Cooper V. Aaron And The Faces Of Federalism, Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.

How Law Thinks Of Disobedience Perceiving And Addressing Desertion And Conscientious Objection In Israeli Military Courts, Hadar Aviram

Faculty Scholarship

No abstract provided.

Maximizing Rights The One State Solution To The Palestinian-Israeli Conflict, George Bisharat

Faculty Scholarship

No abstract provided.

A Darwinist View Of The Living Constitution, Scott Dodson

Faculty Scholarship

No abstract provided.

Coerced Confessions Self Policing In The Shadow Of The Regulator, Jodi L. Short, Michael W. Toffel

Faculty Scholarship

No abstract provided.

Will Penal Populism In Japan Decline?: A Discussion, Setsuo Miyazawa

Faculty Scholarship

I intend to play the role of discussant at a session where five papers have been presented and to draw implications from the perspective I presented in Miyazawa (2007a ). I revise my thesis about penal populism in Japan slightly using the concept of "leadership from the front "presented by Johnson .However, I still conclude that penal populism in Japan is not likely to decline in the near future.

Taking Tort Law Seriously In The Alien Tort Statute, Anthony J. Sebok

Articles

No abstract provided.

Parenting Practices Among First Generation Spanish-Speaking Latino Families: A Spanish Version Of The Alabama Parenting Questionnaire, Melissa R. Donovick, Melanie M. Domenech-Rodriguez

Psychology Faculty Publications

The present study examined the applicability of the Alabama Parenting Questionnaire to a Spanishspeaking Latino population. Results of the reliability and concurrent validity testing suggest that the Alabama Parenting Questionnaire may be a valuable tool for use with Spanish-speaking Latino families. The Alabama Parenting Questionnaire in Spanish assessed parenting practices among 50 first-generation Spanish-speaking Latino families of primarily Mexican origin with a child between 4 and 9 years of age (n = 96 parents, n = 50 children). Mothers and fathers completed questionnaires in Spanish to assess parent and child behaviors. Results show that over 80% of parents included in …

Preemption And Institutional Choice, Thomas W. Merrill

Faculty Scholarship

Public law scholarship is increasingly turning from questions about the content of law to questions about which institution should determine the content of the law – that is, to "deciding who decides." Implicit in this turn is the understanding that public law – including broadly not just constitutional law, but also administrative law and statutory interpretation – consists of norms that are contestable and changing. In a world of normative flux, the question naturally occurs: Who should be responsible for "say[ing] what the law is?" The answer traditionally given by American legal academics – the federal courts, and especially the …

Scandal, Sukyandaru, And Chouwen, Benjamin L. Liebman

Faculty Scholarship

Jose Canseco's use of steroids, the sale of used girls' underwear in Japan, penile mutilation, and the moral failings of both Bill Clinton and former Japanese Prime Minister Sosuke Uno are not topics that often appear side by side, much less in a scholarly work of comparative law. And few law professors have the chance to publish a book whose jacket features a picture of a scantily clad woman. In Secrets, Sex and Spectacle, Mark West does both. He also does much more, unraveling the interplay of social and legal rules that influence the formation of scandal and spectacle …

Legitimacy And Cooperation: Why Do People Help The Police Fight Crime In Their Communities?, Tom R. Tyler, Jeffery Fagan

Faculty Scholarship

Past research indicates that legitimacy encourages compliance with the law. This study extends consideration of the influence of legitimacy by exploring its impact on cooperation with the police and with neighbors to combat crime in one's community. It uses a panel study design and focuses upon the residents of New York City. The study finds that legitimacy shapes cooperation with the police and has a lesser influence on cooperation with others in the community. Consistent with the findings of prior research, legitimacy itself is found to be linked to the justice of the procedures used by the police to exercise …

Overseers Or "The Deciders" – The Courts In Administrative Law, Peter L. Strauss

Faculty Scholarship

For the second time in a short period, Professors Miles and Sunstein have brought powerful tools of statistical analysis and diligent coding of circuit court of appeals opinions together to demonstrate what the Realists long ago taught us to suspect, that significant elements of judging can be explained in terms of the jurist's political world view – that the tension between law and politics is alive in judicial work as elsewhere and that it is only an aspiration to seek a world of laws and not of men. Elements of their work, though, appear as if in criticism of contemporary …

Open Source, Open Access, Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman

Faculty Scholarship

No abstract provided.

Duty To The Unborn: A Response To Smolensky, Jaime S. King

Faculty Scholarship

No abstract provided.

Conceptualizing Complicity In Alien Tort Cases, Chimène Keitner

Faculty Scholarship

No abstract provided.

Where's The Beef? Facilitating Voluntary Retirements Of Federal Lands From Livestock Grazing, John D. Leshy, Molly S. Mcusic

Faculty Scholarship

No abstract provided.

The Permissible Reach Of National Environmental Policies, Henrik Horn, Petros C. Mavroidis

Faculty Scholarship

Trading nations exchange tariff concessions in the context of trade liberalizing rounds. Tariffs, nonetheless, are not the only instrument affecting the value of a concession. Domestic instruments affect it as well, but public order is not negotiable, and, consequently, is not scheduled. Public order is unilaterally defined, but must respect the default rules concerning allocation of jurisdiction which are common to all WTO Members and bind them by virtue of their appurtenance to the international community. In this paper, we focus on the interaction between trade and environment. The purpose of this study is to highlight how these rules and …

Illness And Inability To Repay: The Role Of Debtor Health In The Discharge Of Educational Debt, Rafael I. Pardo

Scholarship@WashULaw

For a debtor to obtain a discharge of student loans in bankruptcy, the debtor must establish that their repayment would impose an undue hardship. This Article presents the results of an empirical study of bankruptcy court doctrine over a ten-year period that involved undue hardship discharge proceedings where the court reported information on the debtor's health status, monthly household income, and monthly household expenses. The data show that a medical condition increased a debtor's odds of being granted a discharge by 140% but that household income and expense levels did not have a statistically significant association with legal outcome. These …

In Search Of Removal Jurisdiction, Scott Dodson

Faculty Scholarship

No abstract provided.

Appellate Practice And Procedure, Ladawn H. Conway, Devon D. Sharp

SMU Law Review

No abstract provided.

Community Based Epidemiological Study Of Chagas Disease In Rural Peru, Paul Walker

Yale Medicine Thesis Digital Library

The purpose of this study was to evaluate the epidemiology of Trypanosoma cruzi infection, to valuate the TESA blot, and to characterize cardiac findings of patients with Chagas disease in a rural setting near Arequipa, Peru. The study site was the town of Quequeña, Peru with a population of 774 with 236 inhabitants under the age of 18 according to the 2005 census conducted by Peru. A fumigation/insect collection campaign was done in December of 2006 to quantify household infestation levels, document housing characteristics, and GPS household locations. Of the 602 people surveyed to be living in Quequeña, blood samples …

Voices Of Poverty: Perspectives Of One School's Student, Teachers. And Parents, Kristen Weatherwax

Master's Theses and Doctoral Dissertations

This qualitative study examines the challenges of poverty through the stories of students and their families in one Michigan elementary school. The goal was to explore the needs, challenges, and obstacles confronting children in poverty in a small Michigan town by focusing on the perspectives and experiences of low-income students and their parents/guardians. Two families and one teacher were interviewed in depth, using open-ended, semi-structured interview techniques. Two case studies were constructed from the content of the interviews, and key thematic findings that emerged revealed ongoing stress, fear, sadness, and frustration with which the children lived, as well as strong …