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Imagine All The Women: Power, Gender And The Transformative Possibilities Of The South African Constitution, Penelope Andrews

Articles & Chapters

This chapter will explore the South African Constitution, and more particularly, the Bill of Rights, as a vehicle for social and economic transformation. By analyzing the provisions relating to gender equality in South Africa's Constitution, as well as decisions of the Constitutional Court, this chapter will examine whether theconstitutional rights framework in South Africa contains within it the transformative possibilities that will lead to gender equality in all spheres of South African society, and particularly in the economic sphere.

Sanborn V. Mclean: Beyond The Limits Of Inquiry Notice, Gerald Korngold

Articles & Chapters

This essay deepens the student's understanding of a leading property case by recounting the story behind the case. It focuses on how lawyers, judges, and policy factors shaped the litigation, and why the case has attained noteworthy status. It is suitable for adoption as a supplement in a first-year property course, or for use in an advanced seminar.

This chapter is reprinted with the permission of Foundation Press: Sanborn v. McLean: Beyond the Limits of Inquiry Notice, Chapter10 in Property Stories (Law Stories), 2nd ed. at 241-264 (Foundation Press, 2009).

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Where The Home In The Valley Meets The Damp Dirty Prison: A Human Rights Perspective On Therapeutic Jurisprudence And The Role Of Forensic Psychologists In Correctional Settings, Astrid Birgden, Michael L. Perlin

Articles & Chapters

The roles of forensic psychologists in coerced environments such as corrections include that of treatment provider (for the offender) and that of organizational consultant (for the community). This dual role raises ethical issues between offender rights and community rights; an imbalance results in the violation of human rights. A timely reminder of a slippery ethical slope that can arise is the failure of the American Psychological Association to manage this balance regarding interrogation and torture of detainees under the Bush administration. To establish a “bright-line position” regarding ethical practice, forensic psychologists need to be cognizant of international human rights law. …

Introduction: Feminist Advocacy, Constitutions And Law, Penelope Andrews

Articles & Chapters

The programs and projects of the last few decades of feminist advocacy have been applauded, resisted, andvilified. Despite these divergent responses, there is no doubt that in societies across the globe women’s voices in the legal and political realm are no longer muted. Organizing and lobbying on all five continents, aided and abetted by the liberating possibilities of the innovative communications technology, especially the internet, women advocates have created the discursive space in the political, legal, social, and economic realm to influence governmental policies, law and practice. Developments in the last few decades have illustrated the concerted efforts by women …

2009-07-24 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Correspondence

No abstract provided.

2009-07-03 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Correspondence

No abstract provided.

2009-04-24 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Correspondence

No abstract provided.

2009-03-20 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Correspondence

No abstract provided.

2009-02-27 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Correspondence

No abstract provided.

2009-04-17 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Correspondence

No abstract provided.

2009-03-13 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Correspondence

No abstract provided.

2009-02-05 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Correspondence

No abstract provided.

2009-01-30 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Correspondence

No abstract provided.

Self-Representation In The International Arena: Removing A False Right Of Spectacle, Eugene Cerruti

Articles & Chapters

Recent historical scholarship has demonstrated that the practice of self-representation at common law was developed and promoted not to secure a valued right to the accused but rather to compromise the defendant’s ability to present an effective defense - by denying him an effective right to be represented by counsel. The Supreme Court in Faretta v. California stood this history on its head in order to read into the Sixth Amendment an implied right to self-representation equal to the now preeminent right to counsel. The Faretta doctrine was carelessly adopted yet has been resolutely defended by the Supreme Court, to …

The Law And Economics Of Hedge Funds: Financial Innovation And Investor Protection, Houman B. Shadab

Articles & Chapters

A persistent theme underlying contemporary debates about financial regulation is how to protect investors from the growing complexity of financial markets, new risks, and other changes brought about by financial innovation. Increasingly relevant to this debate are the leading innovators of complex investment strategies known as hedge funds. A hedge fund is a private investment company that is not subject to the full range of restrictions on investment activities and disclosure obligations imposed by the federal securities laws, that compensates management in part with a fee based on annual profits, and typically engages in the active trading of financial instruments. …

The Proxy Advisory & Corporate Governance Industry: The Case For Increased Oversight And Control, Tamara C. Belinfanti

Articles & Chapters

The proxy advisory and corporate governance industry plays a significant role in shareholder voting and in the formulation of corporate governance policy. The industry operates with relatively little accountability and virtually free from regulatory oversight. Understanding the relationship between this industry and mutual funds, who in the aggregate are the largest owners of publicly traded shares in the United States, is critical to understanding issues of shareholder rights, the meaning of the right to vote in corporate elections, and the role that institutional investors, like mutual funds, play in the corporate landscape.

Mutual funds exercise their substantial voting power by …

Brain, Gender, Law: A Cautionary Tale, Carlin Meyer

Articles & Chapters

No abstract provided.

Regulatory Competition, Choice Of Forum And Delaware’S Stake In Corporate Law, Faith Stevelman

Articles & Chapters

As Delaware corporate law confronts the twenty-first-century global economy, the state's legislators and jurists are becoming sensitive to increased threats to the law's sustained preeminence. The increased presence of federal laws and regulations in areas of corporate governance traditionally allocated to the states has been widely noted. The growth of federal corporate law standards may be undermining Delaware's confidence in the sustained prosperity of its chartering business - which has been a vital source of revenues and prestige for Delaware, its equity courts, and especially its corporate bar. The Delaware Court of Chancery appears to be concerned about the emigration …

Marking The Path Of The Law, Stephen Ellmann

Articles & Chapters

This article, published in South Africa's Constitutional Court Review, focuses on the Constitutional Court of South Africa in order to discuss the nature of constitutional judging more generally. Looking to Brown v. Board of Education as an example, it argues that technical skill – though obviously important – is not the highest virtue of the constitutional judge, and that a central attribute of constitutional judging is commitment to the values of the constitution. But commitment to values is more than a matter of rational assent. As everyday experience and neurological evidence teach us, commitment naturally and unavoidably involves the judge’s …

Which Came First, The Data Or The Politics? Disentangling Questions About Women's Aptitude For Science, Carlin Meyer

Articles & Chapters

No abstract provided.

American Exceptionalism, The War On Terror, And The Rule Of Law In The Islamic World American Exceptionalism - The Federalist Society National Lawyers Convention - 2007 Iii. American Exceptionalism, The War On Terror, And The Rule Of Law In The Islamic World, Nadine Strossen

Articles & Chapters

No abstract provided.

Narrative Construction Of Legal Reality, The, Richard K. Sherwin

Articles & Chapters

No abstract provided.

Self-Representation In The International Arena: Removing A False Right Of Spectacle, Eugene Cerruti

Articles & Chapters

Recent historical scholarship has demonstrated that the practice of self-representation at common law was developed and promoted not to secure a valued right to the accused but rather to compromise the defendant’s ability to present an effective defense - by denying him an effective right to be represented by counsel. The Supreme Court in Faretta v. California stood this history on its head in order to read into the Sixth Amendment an implied right to self-representation equal to the now preeminent right to counsel. The Faretta doctrine was carelessly adopted yet has been resolutely defended by the Supreme Court, to …

Teaching With Technology: Is The Pedagogical Fulcrum Shifting, Camille Broussard

Articles & Chapters

No abstract provided.

The Decline And Fall Of The Dominant Paradigm: Trustworthiness Of Case Reports In The Digital Age, William R. Mills

Articles & Chapters

No abstract provided.

Sixty Years On: The International Human Rights Movement Today, Penelope Andrews

Articles & Chapters

In this short essay I focus on the contemporary human rights movement, and in particular three broad areas of human rights. I provide a descriptive listing or cataloguing, commencing with a short consideration of the definition of what we refer to as the human rights movement. Based on my remarks as part of a panel discussion, I consider the human rights movements in three somewhat distinct categories: first, the structure and proliferation of human rights organizations; second, the seemingly growing human rights culture; and third, human rights violations by nations and private actors.

Hedge Funds And The Financial Crisis, Houman B. Shadab

Articles & Chapters

The performance of hedge funds during the financial crisis suggests that wide-ranging financial regulation is not always necessary to advance investor protection and financial stability. While 2008 was a year of record hedge fund losses and investor withdrawals that came about in part because many hedge fund managers failed to adequately respond to the financial crisis, the hedge fund industry significantly outperformed the heavily regulated mutual fund sector and, unlike the banking industry, was never in jeopardy of collapsing. Hedge funds did not cause or meaningfully exacerbate the financial crisis and in fact have reduced its impact and are helping …

“South Africa,” In Encyclopedia Of Human Rights, Penelope Andrews

Articles & Chapters

No abstract provided.

Bull’S-Eye View Of Cooperation In Discovery, Steven S. Gensler

Faculty Articles

No abstract provided.

The "True" Right To Trial By Jury: The Founders' Formulation And Its Demise, Jon J. Lee

Faculty Articles

No abstract provided.