Law Commons^™

Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs

Robert E. Suggs

This article describes a race-neutral policy proposal designed to increase business formation and success rates for young urban African Americans. The proposal suggests using local governments' taxing authority, in a manner analogous to tax increment financing, to create financial incentives for successful small business owners to employ, and then mentor and train as business owners, young urban entrepreneurs from deteriorating neighborhoods. The amount of financial incentive varies directly with financial success of protégés and requires the transfer of some of the mentor’s social (reputational) capital to the protégé. Business activity has created wealth and economic mobility for other ethnic groups, …

Medical Malpractice Reform?, Robert B. Leflar

Robert B Leflar

Column 3 (of 5) on health reform: Medical malpractice reform proposals

What Documentary Films Teach Us About The Criminal Justice System - Introduction, Taunya Lovell Banks

Taunya Lovell Banks

Film . . . has been used effectively to shape public perceptions about the criminal justice system. . . . [and] the documentary form has power to convict or release a defendant, as well as to disclose the positive and negative aspects of the criminal justice system. . . . Three articles on this subject appear in this issue of the UNIVERSITY OF MARYLAND LAW JOURNAL OF RACE, RELIGION, GENDER AND CLASS and add to this body of scholarship. . . .Our goal was to foster a series of dialogues among and between a number of individuals: filmmakers....

Conflict Of Interest And Disqualification In The Federal Courts: Suggestions For Reform, Arthur D. Hellman

Testimony

Although federal judges do not run for election, over the last three decades the process of nomination and confirmation has become politicized to a disturbing degree. There is a real danger that the judges will come to be perceived not as dispassionate servants of the law but as political actors who pursue political or ideological agendas. One consequence of these developments is likely to be increased scrutiny of judges’ responses to motions to recuse. Here as in other aspects of the operations of the judiciary, “just trust us” is no longer sufficient.

Two provisions of Title 28 of the United …

Chinese Judicial Pattern: Tradition And Reform(中国的司法模式：传统与改革), Meng Hou

Hou Meng

No abstract provided.

What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney

Buffalo Law Review

No abstract provided.

Trust In The Shadows: Law, Behavior, And Financial Re-Regulation, Raymond H. Brescia

Buffalo Law Review

No abstract provided.

Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead

Buffalo Law Review

No abstract provided.

Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead

Tamar R Birckhead

Courts and legislatures have long been reluctant to make use of the data, findings, and recommendations generated by other disciplines when determining questions of legal procedure affecting juveniles, particularly when the research has been produced by social scientists. However, given the United States Supreme Court’s recent invocation of developmental psychology in Roper v. Simmons, which invalidated the juvenile death penalty, there is reason to believe that such resistance is waning. In 2005 the Simmons Court found, inter alia, that based on research on adolescent development, juveniles are not as culpable as adults and, therefore, cannot be classified among the “worst …

Communiqué For Elders On Reconciliation, Reunification And Peace In Cyprus: An Inter-Communal Civic Initiative, Nicos Trimikliniotis

Nicos Trimikliniotis

The visit of Elders in December 2009 is coinciding with a critical moment in the negotiation process, which is gradually entering into its final crucial phase. The two leaders appear determined to move forward with a settlement, despite the inherent difficulties; the Elders’ visit can assist the process by encouraging the leaders to show courage and boldness so as to press on with an agreement as soon as possible. Unlike in 2004, where both process and outcome were in the end delegitimized as ‘externally imposed’ and ‘not properly balanced’, this time the process is entirely owned and controlled by the …

Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim …

Health Bills: What's At The Core, Robert B. Leflar

Robert B Leflar

Column 2 (of 5) on the health reform debate: explanation of the legislation.

Willfully Blind For Good Reason, Deborah Hellman

Deborah Hellman

Willful blindness is not an appropriate substitute for knowledge in crimes that require a mens rea of knowledge because an actor who contrives his own ignorance is only sometimes as culpable as a knowing actor. This paper begins with the assumption that the classic willfully blind actor – the drug courier - is culpable. If so, any plausible account of willful blindness must provide criteria that find this actor culpable. This paper then offers two limiting cases: a criminal defense lawyer defending a client he suspects of perjury and a pain doctor who suspects his patient may be lying about …

Troubled Waters: Mid-Twentieth Century American Society On "Trial" In The Films Of John Waters, Taunya Lovell Banks

Taunya Lovell Banks

In this Article Professor Banks argues that what makes many of filmmaker John Waters early films so subversive is his use of the “white-trash” body—people marginalized by and excluded from conventional white America—as countercultural heroes. He uses the white trash body as a surrogate for talk about race and sexuality in the early 1960s. I argue that in many ways Waters’ critiques of mid-twentieth century American society reflect the societal changes that occurred in the last forty years of that century. These societal changes resulted from the civil rights, gay pride, student, anti-war and women’s movements, all of which used …

Health Care: Yellow Lights, Red Flags, Robert B. Leflar

Robert B Leflar

Column 1 (of 5) on the health reform debate

Ways To Change: A Reevaluation Of Article V Campaigns And Legislative Constitutionalism , Mary Ziegler

BYU Law Review

No abstract provided.

Preface, Matthew R. Farley

University of Richmond Law Review

No abstract provided.

Mary L. Dudziak's Exporting American Dreams: Thurgood Marshall’S African Journey (Book Review), Makau Wa Mutua

Book Reviews

This review of Mary Dudziak’s hugely important book contends that the author conflates the struggle for civil rights in the United States with the struggle for black majority rule in Kenya. While the two struggles are linked by white domination and the quest for blacks to free themselves from that domination, the book fails to interrogate and contextualize the limitations of equal protection norms for minorities in two vastly different political milieus. Dudziak does not problematize Thurgood Marshall’s blind insistence that the independence Kenyan constitution accord the economically dominant and oppressive white minority in colonial Kenya the same equal protections …

Table Of Contents: In Memoriam, Annual Survey 2009

University of Richmond Law Review

No abstract provided.

Uprooting Identities: The Regulation Of Olive Trees In The Occupied West Bank, Irus Braverman

Journal Articles

The Israeli/Palestinian conflict has rarely been associated with trees in the common perception. This article reveals the complex historical and cultural processes that have led to strong identification between the olive tree and the Palestinian people, arguing that this identification is not only a reflection of the olive’s unique economic and cultural status in this region but also an act of resistance to Israel’s occupation. The article also explains how Israel’s tightening of surveillance, practiced in the name of olive protection, actually ends up forcing an alien set of spatial and temporal regimes on the everyday life of Palestinians in …

The Citizens Were Heard, Donna M. Hughes Dr.

Donna M. Hughes

Victory In Rhode Island, Donna M. Hughes Dr., Michael Horowitz

Donna M. Hughes

Testimony On Prostitution Bill, Senate Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

Testimony For Trafficking Bill, Rhode Island House Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

Agenda: World Energy Justice Conference And Appropriate Technology Arcade, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. School Of Law

World Energy Justice Conference (October 23-24)

The 2009 CEES Energy Justice Conference took place at the University of Colorado Law School on October 23rd and 24th, 2009. It featured 11 sessions, more than 40 speakers, and attracted over 200 attendees. The Conference brought together leading international and U.S. decision-makers in politics, engineering, public health, law, business, economics, and innovators in the sciences to explore how best to address the critical needs of the energy-oppressed poor (EOP) through long-term interdisciplinary action, information sharing, and deployment of appropriate sustainable energy technologies (ASETs).

The Colorado Journal of International Environmental Law & Policy (CJIELP) at the University of Colorado Law …

How (Not) To Think Like A Punisher, Alice G. Ristroph

Georgetown Law Faculty Publications and Other Works

This article examines the several and sometimes contradictory accounts of sentencing in proposed revisions to the Model Penal Code. At times, sentencing appears to be an art, dependent upon practical wisdom; in other instances, sentencing seems more of a science, dependent upon close analysis of empirical data. I argue that the new Code provisions are at their best when they acknowledge the legal and political complexities of sentencing, and at their worst when they invoke the rhetoric of desert. When the Code focuses on the sentencing process in political context, it offers opportunities to deploy both practical wisdom and empirical …

Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen

Faculty Publications and Presentations

This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother's former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in the …

Judicial Declaration Of Public Policy, Ruggero J. Aldisert

The Journal of Appellate Practice and Process

No abstract provided.

Silencing The Silk Road: China's Language Policy In The Xinjiang Uyghur Autonomous Region, Aurora Elizabeth Bewicke

San Diego International Law Journal

As part of its push for mono-culturalism throughout China in general, and in the XUAR in particular, China's language policy is at the forefront of what some have labeled China's program of "cultural genocide." While most agree that this provocative terminology is overstated, China's language policy may well be at the root of various human rights violations. Part II of this article will describe the historical context and modern realities of China's language policy in the XUAR, which is compromised of both overt policies in the form of laws, regulations, and policy statements as well as more covert policies, which …

Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker

San Diego International Law Journal

This Article will survey the key episodes of transitional justice in various countries since the 1970s, and then apply the lessons gleaned to the transition of Serbia during the first five years following the deposition of authoritarian ruler Slobodan Milosevic in October 200, and the subsequent establishment of democratic rule...This article will show that the empirical evidence demonstrates that the outcome of the transitional justice process a country undertakes, upon its political stability, needs to be taken into account when fashioning said process.