Digital Commons Network^™

Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Hsu Chen, Taeku Lee

Faculty Scholarship

No abstract provided.

A Prolegomenon To Any Future Restatement Of Privacy Symposium: Restatement Of, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.

Constitutional Limitations On Punitive Damages: Ambiguous Effects And Inconsistent Justifications Note, Benjamin J. Mcmichael

Articles

No abstract provided.

Rico Trends: From Gangsters To Class Actions, Pamela Bucy Pierson

Articles

This article addresses the question why isn't RICO used much RICO the Racketeer Influenced and Corrupt Organizations Act both a crime and a civil cause of action was passed in 1970 with much fanfare The fanfare was deserved RICO was an imaginative criminal justice initiative aimed at complex systemic crime RICO's civil cause of action was viewed as a robust tool for plaintiffs and a vital supplement to strained law enforcement resources After conducting an indepth analysis of RICO opinions reported and unreported rendered by the federal appellate courts during the seven year time period from 20052011 this article has …

Complexity In Property, Meredith M. Render

Articles

This article illuminates the largely misunderstood relationship between complexity and the regulation of property interests Specifically the article presents the complexity thesis a novel explanatory account of the principle of numerus clausus The principle of numerus clausus is an ancient common law rule which prohibits the customization of property interests The complexity thesis holds that the primary function of numerus clausus is to prevent the proliferation of highly idiosyncratic property interests In so doing numerus clausus provides a bulkhead against the overwhelming complexity that would ensue if customized property interests were permitted For the last fifteen years numerus clausus has …

Financial Intermediaries As Principals And Agents, Kenneth M. Rosen

Articles

No abstract provided.

Symptom-Based Gun Control Symposium Article, Fredrick E. Vars

Articles

No abstract provided.

On The Road Without A Map: The Women Of The Beat Writers Symposium - Mania: The Lives, Literature, And Law Of The Beats: Session I: Weaving Lives Into Literature, Jean Stefancic

Articles

No abstract provided.

Discerning Critical Moments: Lessons From The Life Of Derrick Bell Title Challenging Authority: A Symposium Honoring Derrick Bell, Jean Stefancic

Articles

No abstract provided.

Beyond The Judicial Fourth Amendment: The Prosecutor's Role, Russell M. Gold

Articles

No abstract provided.

Standing Outside Of Article Iii, Tara Leigh Grove

Articles

The Supreme Court has repeatedly insisted that standing doctrine is a "bedrock" requirement only of Article III Accordingly both jurists and scholars have assumed that the standing of the executive branch and the legislature like that of other parties depends solely on Article III But I argue that these commentators have overlooked a basic constitutional principle Federal institutions must have affirmative authority for their actions including the power to bring suit or appeal in federal court Article III defines the federal "judicial Power" and does not purport to confer any authority on the executive branch or the legislature Executive and …

The Trayvon Martin Trial - Two Comments And An Observation, Richard Delgado

Articles

The following article on the Trayvon Martin trial suggests that together doctrinal and critical analysis can often be more powerful than either alone Written for a symposium issue on Critical Latino LatCrit scholarship the article posits that jury nullification can operate to reduce the impact of a defense in which the jury does not really believe such as self defense or standyourground And in the Martin case felony murder coupled with felony stalking was an avenue that the Florida prosecutor left unexplored

The Failed Promise Of Language Rights: A Critique Of The International Language Rights Regime, Moria Paz

Faculty Scholarship

Major international legal instruments commit international law to protect language rights absolutely, irrespective of counter-pressures toward linguistic uniformity. This unconditional commitment to language rights is echoed in the writings of prominent human rights scholars, who argue that language is a constitutive element of cultural identity. This article contrasts the ideals of language rights with the actual record of their enforcement. It presents a detailed analysis of the 133 cases that have come before the European Court of Human Rights, the U.N. Human Rights Committee, and the Inter-American Court of Human Rights dealing with language issues as they arise in (i) …

Law's Violence: Derrick Bell's Next Article Challenging Authority: A Symposium Honoring Derrick Bell, Richard Delgado

Articles

No abstract provided.

Fisher, Academic Freedom, And Distrust, Paul Horwitz

Articles

In Fisher v University of Texas at Austin the United States Supreme Court remanded to the Fifth Circuit a challenge to the University of Texass postGrutter use of raceconscious admissions in selecting a student body concluding that the Fifth Circuit had not engaged in the proper level of strict scrutiny review such policies require From the moment Fisher was handed down it has been the subject of discussion and debate over whether Fisher represents a speedbump for raceconscious university admissions policies or a major barrier to such policies In this paper I focus specifically on what Fisher means as a …

At&T Mobility V. Concepcion And The Antidiscrimination Theory Of Federal Arbitration Act Preemption, Hiro Aragaki

Faculty Scholarship

No abstract provided.

All’S Well That Ends Well: The Importance Of Full And Effective Closure In Attorney-Client Relationships, Gail E. Silverstein

Faculty Scholarship

This Article addresses a subject that has not received serious academic attention in law or in clinical scholarship: how lawyers should end their relationships with clients. As human beings, we intuitively understand the importance of endings in relationships, and lawyer-client relationships often impact both the lawyer and the client. Despite the amount of attention paid to other aspects of client interviewing and counseling, such as how to conduct an effective initial client interview, there is relatively little literature on how to achieve effective closure. This Article draws on research from the therapeutic professional field about how to effectively end professional …

Hierarchies Of Discrimination In Baby Making? A Response To Professor Carroll, Radhika Rao

Faculty Scholarship

No abstract provided.

Incubator Cities: Tomorrow's Economy, Yesterday's Start-Ups, Abraham Cable

Faculty Scholarship

Venture development funds (“VDFs”) are products of state and local government law that use public funds to invest in local start-ups, in the hope that these companies will then attract venture capital investment. Existing analysis by legal scholars largely assumes that establishing a private venture capital market is essential to encouraging entrepreneurship. This article challenges that assumption. It argues that VDFs and other policies focused on encouraging venture capital are outmoded and inconsistent with the ultimate economic development goals of state and local governments.

In many industries, entrepreneurs can now get by with less capital because the cost of developing …

Evaluating The Strategic Impact Of Medical Revalidation. Building An Evaluation Framework., Julian Archer, Samantha Regan De Bere, Nick Lynn, Nicola Brennan

Peninsula Medical School

Executive Summary.1. BackgroundOn 3rd December 2012, the regulation of medical doctors in the UK by the GMC underwent its most radical reform in 150 years with the introduction of revalidation. This initiative presents a unique and exciting opportunity to evaluate the design features of an innovative regulatory system; in order to assure and potentially further develop revalidation as a robust regulatory process.Aims & objectives The aim of this research was to develop a framework for evaluation for consideration by the GMC encompassing suggestions/recommendations which could capture information about the key design features of revalidation over which the GMC has jurisdiction. …

National Literatures As Intimate Expression And The Problem Of Teaching World Literatures, Kette Thomas

Michigan Tech Publications, Part 1

In her article "National Literatures as Intimate Expression and the Problem of Teaching World Literatures" Kette Thomas analyzes the fundamental tension embedded in the discourse on teaching world literatures. Thomas focuses on models which contextualize the problem around the subject of allegiance either to the reader or the author rather than the commonly limited geographical, national, and politically defined complex. Focus on the reader or author is often made at the expense of the "other," but it is the tension and communication between them that offers possibilities for the development of the discipline of comparative literature (against Eurocentrism and the …

Preface, John Shuford

Journal of Hate Studies

This volume and Volume 12 focus primarily on presenting peerreviewed scholarly articles developed from the selected proceedings f the Third International Conference on Hate Studies. Themed “The Pursuit of Justice: Understanding Hatred, Confronting Intolerance, Eliminating Inequality,” the conference was co-organized and hosted by the Gonzaga Institute for Hate Studies, the Gonzaga School of Law, and the Washington State Task Force on Race and the Criminal Justice System. Presenters and attendees from two dozen countries worldwide came to Spokane, Washington for four days in April 2013 in order to concentrate on how fear and ignorance of the “other” manifest in hatred, …

Filipino Amerasians: Gauging Stigmatization, Intolerance And Hatemongering In A Pluralistic Asia Pacific Society, Peter C. Kutschera, Marie A. Caputi

Journal of Hate Studies

Empirical and evidence-based researchers have neglected stigmatization, bias, name-calling, intolerance and even hatemongering experienced by military Filipino Amerasians and other biracial Pan Amerasian progeny who were abandoned abroad by their U.S. servicemen fathers. This condi- tion persists in the Philippines and has been reliably documented in other East and Southeast Asian nation-states, such as Japan, South Korea, and Vietnam. A relatively recent multiple-case study investigating psychosocial risk and mental health among Amerasians in Angeles, Pampanga, site of the former Clark Air Base, substantiated long-reported anecdotal claims that Anglo (White) and particularly African (Black) Amerasians were targets of victimization and traumatized …