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O.J., Batson And Snyder: Lessons From An Intersecting Trilogy, Camille Nelson

Scholarly Articles in Law Reviews & Journals

INTRODUCTION There are few cases that inform our collective understanding of the American jury system more than Batson v. Kentucky. This case serves as a touchstone in Equal Protection jurisprudence and can be viewed as "the [U.S. Supreme Court's] most ambitious attempt to impose meaningful prohibitions on the use of race-based peremptory challenges." This case and its progeny provide a framework for the protection of the Fourteenth Amendment's Equal Protection Clause and also implicate the Sixth Amendment's jury-trial guarantees. The Batson holding has been expanded to guard not only against the wrongful exclusion of jurors based upon race, but also …

Customary Law: The Way Things Were, Codified, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

Frequently referred to as customary law, the unique traditions and customs of different Native American tribes are cited by their tribal courts as authoritative and binding law. The recent use of customary law as a mechanism for deciding individual cases is not uniform among tribal court systems as it differs depending upon which tribe's judges are working to place custom into contemporary judicial analysis. Understanding the present role of customary law in tribal law requires first understanding the nature of customary law and then understanding how it is being used. The effect of customary law is dependent upon the place …

Domestic Bonds, Credit Derivatives, And The Next Transformation Of Sovereign Debt, Anna Gelpern

Scholarly Articles in Law Reviews & Journals

Not long ago, financial markets in most poor and middle-income countries were shallow to nonexistent, and closed to foreigners. Governments often had to rely on risky borrowing abroad; the private sector had even fewer options. But between 1995 and 2005, domestic debt in the emerging markets grew from $1 trillion to $4 trillion. In Mexico, domestic debt went from just over 20% of the total government debt stock in 1995 to nearly 80% in 2007. Foreign and local investors are buying. Over the same period, derivative contracts to transfer emerging market credit risk surpassed the market capitalization of the benchmark …

The Espionage Act And National Security Whisteblowing After Garcetti, Stephen I. Vladeck

Scholarly Articles in Law Reviews & Journals

Should government employees ever have a right to disseminate classified national security information to the public? As a general matter, of course, the answer is "no." It is necessarily tautological that the central purpose of classifying information is to keep that information secret. But what if the information pertains to what we might describe as "unlawful secrets," and the individual in question has exhausted all possible non-public remedies, to no avail? Are there any circumstances in which the law enables the government employee to come forward? Should there be?

As this essay suggests, because of the broad language of the …

The 'High Crime Area' Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, Andrew Ferguson, Damien Bernache

Scholarly Articles in Law Reviews & Journals

This article proposes a legal framework to analyze the "high crime area" concept in Fourth Amendment reasonable suspicion challenges.Under existing Supreme Court precedent, reviewing courts are allowed to consider that an area is a "high crime area" as a factor to evaluate the reasonableness of a Fourth Amendment stop. See Illinois v. Wardlow, 528 U.S. 119 (2000). However, the Supreme Court has never defined a "high crime area" and lower courts have not reached consensus on a definition. There is no agreement on what a "high-crime area" is, whether it has geographic boundaries, whether it changes over time, whether it …

Modeling Physical Activity In Working Adults: How Suitable Is The Expanded Parallel Process Model?, Adwoa B-H-Sam

Health Services Research Dissertations

This study is an assessment of the usefulness of the Expanded Parallel Process Model in predicting health enhancing physical activity as an outcome variable. The theory is tested in the context of risk for coronary heart disease and involves secondary analyses of a dataset from a group of working adults. These individuals had elected first to participate in a health plan ‘Quality Improvement Study’ and were then randomly selected to receive an intervention program designed to get people to be more active.

Data on self-reported demographics, physical activity levels, health status characteristics and perceptions measured on a Likert-type scale known …

Tributaries 2008, Lynn University

Honors Journals

Tributaries: The Journal of Lynn University Honors Program

Risky Business: Massachusetts V. Epa, Risk-Based Harm, And Standing In The D.C. Circuit, Amanda Leiter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Convicting The Innocent In Transnational Criminal Cases: A Comparative Institutional Analysis Approach To The Problem, Song Richardson

Scholarly Articles in Law Reviews & Journals

The adjudication of transnational criminal cases is burdened by a very narrow compulsory process mechanism known as Mutual Legal Assistance Treaties. These treaties regularize foreign evidence gathering for prosecutors and explicitly prevent their use by criminal defendants. The danger of inaccurate verdicts and wrongful convictions that may result from unequal access to evidence highlights the need to resolve this flawed transnational adjudication process, and specifically, its evidentiary method. Building on the works of Neil Komesar, Ronald Coase, and Mancur Nelson, the author utilizes a comparative institutional analysis approach to consider the question of how to obtain parity between the prosecution …

My Brethren’S (Gate) Keeper? Testimony By U.S. Judges At Others’ Supreme Court Confirmation Hearings: Its Implications For Judicial Independence And Judicial Ethics, Mary Clark

Scholarly Articles in Law Reviews & Journals

This article, prompted by the testimony of seven of Samuel Alito's then-current and former Third Circuit colleagues at his hearing to be Associate Justice of the United States Supreme Court, examines the merits of federal judges testifying at others' Supreme Court confirmation hearings. While mindful of other approaches to the question of judicial participation in other judicial appointments systems and of their comparative advantages and disadvantages, the author nevertheless concludes that judges threaten judicial independence and judicial ethics principles when they exercise power in the Article III appointments realm. It is not so much a question of judges usurping the …

Spinal Cord Stimulation: An Update., Steven Falowski, Amanda Celii, Ashwini Sharan

Department of Neurosurgery Faculty Papers

Spinal cord stimulation has been used in the treatment of many chronic pain disorders since 1967. In this update, the indications for spinal cord stimulation are reviewed with attention to recent publications. A focused review of the literature on abdominal and visceral pain syndromes is also provided. Furthermore, the technology has evolved from the use of monopolar electrodes to complex electrode arrays. Similarly, the power source has changed from a radio frequency-driven system to a rechargeable impulse generator. These topics are covered, along with a short discussion of implant technique. Finally, we include a review of complications of such therapy. …

Specification And Automatic Code Generation Of The Data Layer For Data-Intensive Web-Based Applications, Sergei Golitsinski

Dissertations and Theses @ UNI

In this thesis I propose a new code generation approach to developing data-intensive web-based applications. I hypothesize that it is possible to build a code generator which will significantly improve development of data-intensive web-based applications by generating at least 50% of the data access code based on a specification of the application's data model. My main argument is that the application's data model is sufficient for deriving most of the data access functionality. To test this hypothesis I designed a data definition language, came up with a set of rules for deriving data access operations from the application's data model, …

Unavailable And Unaccountable: A Free Ride For Foreign Manufacturers Of Defective Consumer Goods, Andrew F. Popper

Scholarly Articles in Law Reviews & Journals

In the last six months millions of foreign manufactured goods sold in the United States have been found to be defective, dangerous, and deadly. This requires consideration of both the jurisdictional issues involved in holding non-U.S. entities liable and an assessment of why these products made their way into the U.S. market. Part of the blames lies directly with so-called tort reform. Tort reform has suppressed vital market pressure and limited the corrective force of our civil justice system. With limited or no punitive damages, with no joint and several liability, with future litigation risk minimized, what else would one …

Clinical Legal Education And The Public Interest In Intellectual Property Law, Christine Haight Farley, Peter Jaszi, Victoria Phillips, Joshua D. Sarnoff, Ann Shalleck

Scholarly Articles in Law Reviews & Journals

Clinical legal education provides a powerful methodology for students to learn about the relationships among intellectual property law theories, policies and practices; to encounter the experiences of persons who seek protection or who feel the legal regimes of intellectual property impinging on their ability to engage in educational, creative, innovative and culturally significant work; and to develop as lawyers. We describe in this article our motivations for forming an intellectual property law clinic at the American University Washington College of Law, the goals that we seek to achieve, and the tripartite pedagogical structure that we adopted - (1) a seminar …

Occasional Publications Of The Bounds Law Library, Number Six: A Journey In Brazil: Henry Washington Hilliard And The Brazilian Anti-Slavery Society, David I. Durham, Paul M. Pruitt Jr.

Occasional Publications of the Bounds Law Library

Occasional Publications of the Bounds Law Library, Number Six contains essays from the editors and a collection of edited and introduced documents relating to Henry Washington Hilliard’s experience in Brazil. Hilliard was a former United States congressman from Alabama, as well as a diplomat, lawyer, professor, and author. He traveled to Brazil as an appointee of Rutherford Hayes’ administration to facilitate trade between the United States and Brazil. A Journey in Brazil: Henry Washington Hilliard and the Brazilian Anti-Slavery Society explores the nature of one American’s experience in the late-nineteenth century as it relates to Brazilians’ attempt to eliminate …

Religion And American Politics: Three Views Of The Cathedral Section Ii: Other Works, Paul Horwitz

Articles

No abstract provided.

Irrelevant Wasteland: An Exploration Of Why Red Lion Doesn't Matter (Much) In 2008, The Crucial Importance Of The Information Revolution, And The Continuing Relevance Of The Public Interest Standard In Regulating Access To Spectrum, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.

Editorial-Transitional Justice Globalized, Ruti G. Teitel

Articles & Chapters

Interest in transitional justice has surged in legal scholarship, in the human rights field generally and most notably in the domain of politics. ‘Transitional justice’ is an expression I coined in 1991 at the time of the Soviet collapse and on the heels of the late 1980’s Latin American transitions to democracy. In proposing this terminology, my aim was to account for the self-conscious construction of a distinctive conception of justice associated with periods of radical political change following past oppressive rule. Today we see that an entire field of inquiry, analysis and practice has ensued that reflects scholarly interest; …

Lost In Translation: Some Brief Notes On Writing About Law For The Layperson, Brandt Goldstein

Articles & Chapters

No abstract provided.

See Erie: Critical Study Of Legal Authority, Kris Franklin

Articles & Chapters

No abstract provided.

Breaking The Logjam: Environmental Reform For The New Congress And Administration, Carol Cassaza Herman, David Schoenbrod, Richard Stewart, Katrina Wyman

Articles & Chapters

No abstract provided.

The Class Action Fairness Act In Perspective: The Old And The New In Federal Jurisdictional Reform, Edward A. Purcell Jr.

Articles & Chapters

The Class Action Fairness Act of 2005 (CAFA) was the product of an extended and well-organized political campaign. In Congress, its passage required a grinding eight-year effort, several modifications to the original proposal, numerous committee hearings, multiple reports by both Houses, political compromises that drew some Democratic support, two unsuccessful attempts to terminate debate in the Senate by imposing cloture, and strenuous efforts to amend in both the House and Senate when the bill came to the floor for a final vote. Passage also required Republican control of both Houses of Congress and the presidency as well.

Baby, Look Inside Your Mirror: The Legal Profession's Willful And Sanist Blindness To Lawyers With Mental Disabilities, Michael L. Perlin

Articles & Chapters

The legal profession has notoriously ignored the reality that a significant number of its members exhibit signs of serious mental illness (and become addicted or habituated to drugs or alcohol at levels that are statistically significantly elevated from levels of the public at large). This is no longer news. What has not been explored is why so much of the bar has remained willfully ignorant of these realities, and why it refuses to confront the depths of this problem.

The roots of this puzzle are found in the social attitude of sanism, an irrational prejudice of the same quality and …

The Road Not Considered: Revising New Jersey's Death Penalty Statute, Robert Blecker

Articles & Chapters

No abstract provided.

Constitutional Overview Of Post-9/11 Barriers To Free Speech And A Free Press, Nadine Strossen

Articles & Chapters

No abstract provided.

I Might Need A Good Lawyer, Could Be Your Funeral, My Trial: Global Clinical Legal Education And The Right To Counsel In Civil Commitment Cases, Michael L. Perlin

Articles & Chapters

The quality of counsel assigned to represent individuals facing involuntary civil commitment to psychiatric hospitals is, in most American jurisdictions, mediocre or worse. In many other nations, it is non-existent, or so minimal as to offer only the illusion of legal safeguards. (Perhaps) remarkably, there has been virtually no mention of this latter scandal in the legal literature. Also, there has been little attention paid to this development by the clinical education movement (domestically and globally).

A variety of interrelated factors, however, may shed some light on this scandal, and may, encouragingly, lead to social change in the future:

- …

Everybody Is Making Love/Or Else Expecting Rain: Considering The Sexual Autonomy Rights Of Persons Institutionalized Because Of Mental Disability In Forensic Hospitals And In Asia, Michael L. Perlin

Articles & Chapters

One of the most controversial policy questions in all of institutional mental disability law is the extent to which patients in psychiatric hospitals have a right to voluntary sexual interaction. The resolution of this matter involves the resolution of difficult and sensitive questions of law, social policy, clinical judgment, politics, religion, and family structures.

As difficult as these questions are in cases involving civil hospitals, the difficulties are exacerbated when the topic is the application of the right in forensic hospitals. Such facilities typically house individuals involved in the criminal justice system (either those who may be incompetent to stand …

Disney Examined; A Case Study In Corporate Governance And Ceo Succession, Lawrence Lederman

Articles & Chapters

No abstract provided.

Through The Wild Cathedral Evening: Barrier, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin

Articles & Chapters

This article is a commentary on Michael Ashley Stein & Janet Lord, Jacobus TenBroek, Participatory Justice, and the UN Convention on the Rights of Persons with Disabilities, - Tex. J. Civ Lib. & Civ. Rts. - (2008) (in press). In it, I seek to expand their analysis of the new UN Convention on the Rights of Persons with Disabilities in an effort to invigorate an area of institutionalized patients rights law that is now nearly forgotten: the rights of such persons to exercise civil rights while institutionalized. I also argue that Prof. Stein and Ms. Lord's paper should lead us …

Simplify You, Classify You: Stigma, Stereotypes And Civil Rights In Disability Classification Systems, Michael L. Perlin

Articles & Chapters

In this paper I consider the question of the extent to which sanism and pretextuality - the factors that contaminate all of mental disability law - do or do not equally contaminate the special education process, and the decision to label certain children as learning disabled. The thesis of this paper is that the process of labeling of children with intellectual disabilities implicates at least five conflicts and clusters of policy issues:

* The need to insure that all children receive adequate education

* The need to insure that the cure is not worse than the illness (that is, that …