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2009

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Against Practice, Anthony V. Alfieri Jan 2009

Against Practice, Anthony V. Alfieri

Michigan Law Review

This Review examines the theory/practice dichotomy in legal education through the prism of the Carnegie Foundation's Educating Lawyers: Preparation for the Profession of Law. Descriptively, it argues that the Foundation's investigation of law school curricular deficiencies in the areas of clinical-lawyer skills, professionalism, and public service overlooks the relevance of critical pedagogies in teaching students how to deal with difference-based identity and how to build cross-cultural community in diverse, multicultural practice settings differentiated by mutable and immutable characteristics such as class, gender, and race. Prescriptively, it argues that the Foundation's remedial call for the curricular integration of clinical lawyer …

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Front Matter Jan 2009

Front Matter

Michigan Law Review

No abstract provided.

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Can Courts Repair The Crumbling Foundation Of Good Citizenship? An Examination Of Potential Legal Challenges To Social Studies Cutbacks In Public Schools, Eli Savit Jan 2009

Can Courts Repair The Crumbling Foundation Of Good Citizenship? An Examination Of Potential Legal Challenges To Social Studies Cutbacks In Public Schools, Eli Savit

Michigan Law Review

In the wake of No Child Left Behind, many public schools have cut or eliminated social studies instruction to allot more time for math and literacy. Given courts' repeated celebration of education as the "foundation of good citizenship," this Note examines potential legal claims and litigation strategies that could be used to compel social studies instruction in public schools. This Note contends that the federal judiciary's civic conception of education leaves the door slightly ajar for a Fourteenth Amendment chrallenge on behalf of social studies-deprived students, but the Supreme Court's refusal in San Antonio v. Rodriguez to recognize education as …

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Front Matter Jan 2009

Front Matter

Michigan Law Review

No abstract provided.

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The Taiwan Question And The One-China Policy: Legal Challenges With Renewed Momentum, Pasha L. Hsieh Jan 2009

The Taiwan Question And The One-China Policy: Legal Challenges With Renewed Momentum, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The question of Taiwan’s status has faced legal challenges from the one- China policy under both domestic law and international law. The article argues that the state status of the Republic of China (ROC) on Taiwan has never ceased to exist as a result of either the loss of diplomatic recognition or the United Nations Resolution 2758, which transferred the UN seat from the ROC to the People’s Republic of China (PRC). In the past decades, the ROC and the PRC possess separate statehoods and have co-existed under the “de jure roof of China.” The evolvement of state practice of …

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Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz Jan 2009

Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.

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Analysis Of Videotape Evidence In Police Misconduct Cases, Martin A. Schwartz, Jessica Silbey, Jack Ryan, Gail Donoghue Jan 2009

Analysis Of Videotape Evidence In Police Misconduct Cases, Martin A. Schwartz, Jessica Silbey, Jack Ryan, Gail Donoghue

Touro Law Review

No abstract provided.

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2009-2010 Undergraduate Bulletin, Rochester Institute Of Technology Jan 2009

2009-2010 Undergraduate Bulletin, Rochester Institute Of Technology

RIT Digital Archives

No abstract provided.

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Counting Offenses, Jeffrey M. Chemerinsky Jan 2009

Counting Offenses, Jeffrey M. Chemerinsky

Duke Law Journal

Is a criminal defendant who discharges a weapon five times in rapid succession guilty of one crime or several crimes? This question of how to divide charges has vexed legal philosophers and Supreme Court Justices. It is a question of profound importance, but one that legal scholarship has seldom addressed. The answer has an impact on each stage of a criminal justice prosecution. The difference between one charge and multiple charges can affect the likelihood of a plea bargain, the strategy for trial, and, if the defendant is convicted, the length of a prison sentence. This Note, citing numerous examples …

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Money, Politics, And Impartial Justice, Joanna M. Shepherd Jan 2009

Money, Politics, And Impartial Justice, Joanna M. Shepherd

Duke Law Journal

A centuries-old controversy asks whether judicial elections are inconsistent with impartial justice. The debate is especially important because more than 90 percent of the United States' judicial business is handled by state courts, and approximately nine in ten of all state court judges face the voters in some type of election. Using a stunning new data set of virtually all state supreme court decisions from 1995 to 1998, this paper provides empirical evidence that elected state supreme court judges routinely adjust their rulings to attract votes and campaign money. I find that judges who must be reelected by Republican voters, …

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Chevron’S Mistake, Lisa Schultz Bressman Jan 2009

Chevron’S Mistake, Lisa Schultz Bressman

Duke Law Journal

Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. asks courts to determine whether Congress has delegated to administrative agencies the authority to resolve questions about the meaning of statutes that those agencies implement, but the decision does not give courts the tools for providing a proper answer. Chevron directs courts to construe statutory text by applying the traditional theories of statutory interpretation-whether intentionalism, purposivism, or textualism-and to infer a delegation of agency interpretive authority only if they fail to find a relatively specific meaning. But the traditional theories, despite their differences, all invite courts to construe statutory text as …

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Avoiding Mere Incantations: Evaluating Success On Nonfee Claims When Determining Prevailing-Party Status Under 42 U.S.C. § 1988, Jessica L. Brumley Jan 2009

Avoiding Mere Incantations: Evaluating Success On Nonfee Claims When Determining Prevailing-Party Status Under 42 U.S.C. § 1988, Jessica L. Brumley

Duke Law Journal

The American rule dictates that regardless of the outcome, parties pay for their own attorneys' fees unless Congress has specifically enacted a fee-shifting statute authorizing courts to award fees to prevailing parties. One of the most recognized fee-shifting statutes is 42 U.S.C. § 1988. Courts and scholars have extensively discussed whether a plaintiff is a prevailing party under § 1988. Yet both have largely ignored one scenario in which a plaintiff files a suit containing both constitutional claims for which fees are authorized under § 1988 (fee claims) and state law claims for which fees are not authorized (nonfee claims). …

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The Middle Sort Of People In Provincial England, 1600-1750, Fiona Williamson Jan 2009

The Middle Sort Of People In Provincial England, 1600-1750, Fiona Williamson

Research Collection College of Integrative Studies

French’s study of the middling sorts in England seeks to explore the origins and role ofthe ‘middling sorts’ in the social and economic culture of the early modern period. Hisresearch focuses on parochial and extra-parochial perceptions of middling socialidentity based on a series of case studies across a broad area, including Dorset, Essex,Suffolk and Lancashire. The purpose of such a wide geographical spread is to explorethe development of the middling sorts in regions of diverse agriculture, economy andindustry as a basis for a comparative survey.

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If We Seek, Do We Learn?: Predicting Knowledge Of Global Warming, Leeann Kahlor, Sonny Rosenthal Jan 2009

If We Seek, Do We Learn?: Predicting Knowledge Of Global Warming, Leeann Kahlor, Sonny Rosenthal

Research Collection College of Integrative Studies

Derived from the risk information seeking and processing model (RISP), this study sought to isolate predictors of the public's knowledge of global warming. Using a national sample ( N = 805), multiple regression yielded a number of significant relationships among 13 moderators. Notably, the number of media sources used for information about global warming, information seeking effort, and general education were relatively strong predictors of knowledge. Counter to expectations, informational subjective norms were inversely related to knowledge.

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Antitrust In A Globalized Economy: The Unique Enforcement Challenges Faced By Small And Developing Jurisdictions, Michal S. Gal Jan 2009

Antitrust In A Globalized Economy: The Unique Enforcement Challenges Faced By Small And Developing Jurisdictions, Michal S. Gal

Fordham International Law Journal

One of the main challenges of this decade in the antitrust arena is the creation of some form of cooperative international antitrust regime. The potential benefit of increased international trade and cooperative competition policies to all countries involved are enormous. This Article analyzes this issue from the point of view of small and developing jurisdictions. Part I sets the stage by suggesting a typology of the challenges created by globalization. Part II analyzes the current international antitrust regime from a wider perspective that incorporates the enforcement challenges faced by small and developing jurisdictions. Part III builds upon these findings and …

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On Options Of Citizens And Moral Choices Of States: Gays And European Federalism, Dimitry Kochenov Jan 2009

On Options Of Citizens And Moral Choices Of States: Gays And European Federalism, Dimitry Kochenov

Fordham International Law Journal

Focusing on gay rights in the European Union, this Article addresses questions all dealing with the likely dynamics of gay-rights development in Europen in the near future. This is done by applying to the legal context of the European integration project of Kreimer's vision of federalism, Karst's analysis of the "freedom of intimate association," and Koppelman's representation of sexual-orientation discrimination as sex discrimination. The argument will proceed as follows: Part I gives a short outline of the importance of federalism for the preservation of liberty. Part II will build on Koppelman's analysis of the nature of sexual orientation discrimination as …

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The Legal Obstacles To Foreign Direct Investment In Mexico's Oil Sector, Martin Miranda Jan 2009

The Legal Obstacles To Foreign Direct Investment In Mexico's Oil Sector, Martin Miranda

Fordham International Law Journal

This Note will present the arguments for and against foreign direct investment, but assess the Pemex reforms under the assumption that reform through privatization is necessary for survival. This Note will examine the likelihood of success for the recently proposed Pemex reforms, and what the Mexican government may expect with regards to Pemex's future. Part I provides an introduction to FDI and the legal and political framework that President Calderon must work in to accomplish Pemex reforms. Part II presents two financial models for energy reform that may serve as a blueprint for Pemex: 1) Mexico's electric power deregulatory scheme, …

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The Terrorism Bar To Asylum In Australia, Canada, The United Kingdom, And The United States: Transporting Best Practices, Won Kidane Jan 2009

The Terrorism Bar To Asylum In Australia, Canada, The United Kingdom, And The United States: Transporting Best Practices, Won Kidane

Fordham International Law Journal

This Article assesses the wisdom of the substantive laws enacted in the wake of 9/11 and the procedures set up to combat this enemy. This Article is divided into four parts. Part I evaluates the doctrinal debate relating to the definition of terror, terrorism and terrorists. More particularly, it attemps to demonstrate the difficulty in identify the "terrorist" that needs to be excluded, and how that definition affects the immigration laws. Part II sets the stage for a comparative analysis by briefly surverying the terrorism-related immigration laws and procedures of each jurisdiction to this study. Part III provides a detailed …

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Fighting Piracy In Somalia (And Elsewhere): Why More Is Needed, Milena Sterio Jan 2009

Fighting Piracy In Somalia (And Elsewhere): Why More Is Needed, Milena Sterio

Fordham International Law Journal

This Article argues that pirates should be treated as terrorists and that piracy-fighting countries should rely on a variety of antiterrorist conventions to justify the capture and prosecution of pirates. To provide a comprehensive outlook on piracy, Part I of this Article describes the history of piracy and its reappearance in the modern world. Part II briefly describes the resurgence of modern-day piracy, first in Southeast Asia and then in Somalia. Part III provides the current international legal framework for battling piracy, by focusing first on the definition of piracy in international law, and then on the existing international legal …

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Uprooting Children In The Name Of Equity, Merle H. Weiner Jan 2009

Uprooting Children In The Name Of Equity, Merle H. Weiner

Fordham International Law Journal

This Article ultimately recommends that courts should reign in, if not abandon, the doctrine of equitable estoppel as it is used in Hague child abduction cases. This Article supports its thesis in four parts. Part I describes the equitable estoppel argument as it has emerged within the Hague Convention framework. Part II then examines the Convention's legislative history and argues that the doctrine is incompatible with that history. Part III analyzes the principle policy basis offered in support of the doctrine: the deterrence of concealment. Part IV focuses on the best way to address concealment within the confines of the …

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Between A Rock And A Hard Place: Tensions Between The U.S.-Rok Status Of Forces Agreement And The Duty To Ensure Individual Rights Under The Iccpr , Rijie Ernie Gao Jan 2009

Between A Rock And A Hard Place: Tensions Between The U.S.-Rok Status Of Forces Agreement And The Duty To Ensure Individual Rights Under The Iccpr , Rijie Ernie Gao

Fordham International Law Journal

This Note argues that the Korea SOFA illustrates how the current approach to implementing SOFA agreements hinder state parties from complying with their legal obligations under article 2 of the ICCPR. Part I first provides an overview of the two competing bodies of international law at issue: the law governing the U.S. approach to foreign criminal jurisdiction, on the one hand, and the development of human rights law and the terms of article 2 of the ICCPR, on the other. Part II assesses the incompatibility between ICCPR and SOFA obligations from the point of view of both receiving and sending …

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Rule 11 Bis: An Examination Of The Process Of Referrals To National Courts In Icty Jurisprudence, Olympia Bekou Jan 2009

Rule 11 Bis: An Examination Of The Process Of Referrals To National Courts In Icty Jurisprudence, Olympia Bekou

Fordham International Law Journal

Rule 11 bis forms a cornerstone of the ICTY's completion strategy. Part I of this Article provides an analysis of the elements of the rule. This Part will highlight the purpose of Rule 11 bis, offer an overview of the legal basis through which the transfer of jurisdiction has taken place in the ICTY, discuss the referral process and the elements necessary for a successful referral, and, finally, round out the discussion with an overview of the decision making process of the referral bench in identifying which state is suitable to proceed with a trial once it is determined that …

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Tilting The Balance Between Capital And Labor? The Effects Of Regulatory Arbitrage In European Corporate Law On Employees, Martin Gelter Jan 2009

Tilting The Balance Between Capital And Labor? The Effects Of Regulatory Arbitrage In European Corporate Law On Employees, Martin Gelter

Fordham International Law Journal

This Article examines an issue of regulatory competition that seems to be of greater interest for the corporate governance of large, publicly traded firms: the position of the employees. The Article proceeds in three parts. Part I sets out the basic premise of the analysis by describing why employees may be relevant to the corporate governance structure. This Part will briefly draw on economic theory to explain why, at least under certain circumstances, it can be beneficial to create an institutional structure that facilitates long-term commitment between firms and their employees. Part II identifies aspects of European corporate law that …

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From Baghdad To Bagram: The Length & Strength Of The Suspension Clause After Boumediene, Justin D. D'Aloia Jan 2009

From Baghdad To Bagram: The Length & Strength Of The Suspension Clause After Boumediene, Justin D. D'Aloia

Fordham International Law Journal

This is a predictive Note that will examine the doctrine relating to war-time detention and endeavor to decipher who currently maintains a right to challenge executive detention in the wake of Boumediene. This Note therefore does not centrally discuss the authority of the United States to detain wartime prisoners, what procedure is due to detainees, the wisdom of the Boumediene approach to constitutional domain, or any other related issues. Instead, this Note will attempt to define the outer contours of the Suspension Clause by looking through the Boumediene prism to determine who may presently invoke the protections of the Suspension …

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An Unsatisfactory Case Of Self-Determination: Resolving Puerto Rico's Political Status, Lani E. Medina Jan 2009

An Unsatisfactory Case Of Self-Determination: Resolving Puerto Rico's Political Status, Lani E. Medina

Fordham International Law Journal

In the case of Puerto Rico, the exercise of self-determination has raised, and continues to raise, particularly difficult questions that have not been adequately addressed. Indeed, as legal scholars Gary Lawson and Robert Sloane observe in a recent article, “[t]he profound issues raised by the domestic and international legal status of Puerto Rico need to be faced and resolved.” Accordingly, this Note focuses on the application of the principle of self-determination to the people of Puerto Rico. Part I provides an overview of the development of the principle of self-determination in international law and Puerto Rico's commonwealth status. Part II …

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The Precedent Of Pretrial Release At The Icty: A Road Better Left Less Traveled, Megan A. Fairlie Jan 2009

The Precedent Of Pretrial Release At The Icty: A Road Better Left Less Traveled, Megan A. Fairlie

Fordham International Law Journal

This Article facilitates just such an inquiry by tracking the progression of pretrial provisional release at the ICTY. This Article first considers pretrial release (or release pursuant to bail) in the abstract along with those rights that may theoretically be implicated by an act of pretrial detention. It then examines the relevant activity of the ICTY's predecessors, interim advancements in human rights law and the absence of a release-based statutory provision at the Yugoslav Tribunal. The applicable rule adopted by the ICTY is then assessed, along with subsequent amendments. At each stage, specific regard is given to the rights affected …

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The Influence Of The European Convention On Fundamental Rights On Community Law, John L. Murray Jan 2009

The Influence Of The European Convention On Fundamental Rights On Community Law, John L. Murray

Fordham International Law Journal

This Article examines the operation of the European Convention on the Protection of Human Rights and Fundamental Freedoms system ("European Convention on Human Rights" or "Convention") (i.e., the Council of Europe's system for human rights protection, based on the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights, as distinct from the unique system of the European Union). The system is examined in an effort to discern the enhanced impact the Convention may have on Community law under the Lisbon Treaty, and the difficulties this may present.

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Of Trailers And Jet Skis: Is The Case Law On Article 34 Tfeu Hurtling In A New Direction?, Peter Oliver Jan 2009

Of Trailers And Jet Skis: Is The Case Law On Article 34 Tfeu Hurtling In A New Direction?, Peter Oliver

Fordham International Law Journal

The provision which is the focus of this Article is article 34 of the Treaty on the Functioning of the European Union ("TFEU" or "Treaty") (formerly article 28 EC). This Article focuses on an analysis of two recent judgments on this important issue delivered by the European Court of Justice ("Court") in 2009, namely the Trailers decision and the Mickelsson decision. Before reaching these judgments, the Article discusses very briefly the relationship between the four freedoms (free movement of goods, persons, services, and capital) and then, as to the scope of article 34, reminds the reader of what is "the …

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The Growing Influence Of European Union Law, Piet Eeckhout Jan 2009

The Growing Influence Of European Union Law, Piet Eeckhout

Fordham International Law Journal

This Essay discusses a number of themes which show the growing influence of European Union ("EU") law. Four themes were chosen to illustrate that influence. The themes are interconnected, and hopefully bringing them together allows the reader to get a sense of the unique experiment which this "new legal order" continues to conduct. Part I examines the EU's own "federal question:" what exactly is the scope of EU law, and how is it determined? How does the case law, in particular that of the EU's supreme court, the European Court of Justice ("ECJ"), determine the boundaries of the EU law …

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Fatigue Risk Management: Modeling The Sleep/Wake-Based Dynamics Of Performance, Peter J. Mccauley Jan 2009

Fatigue Risk Management: Modeling The Sleep/Wake-Based Dynamics Of Performance, Peter J. Mccauley

Graduate Student Theses, Dissertations, & Professional Papers

Several biomathematical models have been developed to predict cognitive performance impairment due to sleep loss and/or circadian misalignment. In essence, these models are all based on the Two-Process Model (TPM) which contains a homeostatic process for the build-up and decline of sleep pressure across days, and a circadian process to keep track of time of day. The TPM has been used successfully to predict performance under conditions of total sleep deprivation. However, for conditions of chronic sleep restriction, the TPM predicts a rapid stabilization of performance impairment (within a day or two)---which is not in agreement with experimental observations. This …

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