Law Commons^™

Klostergericht Und-Kerker. Der "Criminalprocess Der Franciskaner", Ulrich Lehner

Ulrich L. Lehner

No abstract provided.

Human Rights, Revolution, And Reform In The Muslim World, Anthony Chase

Anthony Chase

The book rejects popular arguments that there is an incompatibility between human rights and the Muslim world and details ways in which human rights have long impacted the Muslim world’s political and social life, with revolutionary potential.

Temptations Of The Sirens: Ethical Issues In Libraries, Herbert Cihak, Joan Howland

Herbert E. Cihak

In this article, librarians are challenged and encouraged to integrate ethical analysis into all aspects of library decision making. An approach to ethical issues in the workplace is outlined, and difficult ethical situations are viewed through the prism of a culture of ethical behavior.

In Search Of A Forum For The Families Of The Guantanamo Disappeared, Peter Honigsberg

Peter J Honigsberg

The United States government has committed grave human rights violations by disappearing people during the past decade into the detention camps in Guantanamo Bay, Cuba. And for nearly thirty years, beginning with a 1983 decision from a case arising in Uruguay, there has been a well-developed body of international law establishing that parents, wives and children of the disappeared suffer torture, or cruel, inhuman or degrading treatment (CID).

This paper argues that the rights of family members were severely violated when their loved ones were disappeared into Guantanamo. Family members of men disappeared by the United States have legitimate claims …

Better Equity For Elders: Basing Couples' Economic Relations Law On Sharing And Caring, Alicia Kelly

Alicia B. Kelly

This essay considers how to achieve better equity in aging through laws governing couples' economic relations. Focusing on family law's contributions to economic vulnerabilities among older people, I critique contemporary law for its hyper-individualistic conception of intra-couple relationships and also for its too narrow and marriage-centric approach to regulating couples' collaborative economic activities. These deficits contribute to inequalities between men and women and between married and unmarried couples. Modern couple's law frequently disadvantages women by neglecting the value and impacts of sharing and caring behaviors within the family. This helps impoverish women across the life cycle, often acutely affecting older …

Reforming The Third Year Of Law School, Lyman Johnson, Robert Danforth, David Millon

Lyman P. Q. Johnson

No abstract provided.

Diritto Dell'informatica E Della Comunicazione, Andrea Stazi, Alberto Gambino

Andrea Stazi

Il Manuale tratta i diversi temi del diritto dell’informatica e della comunicazione, offrendo al lettore un panorama ampio e aggiornato della normativa vigente, della giurisprudenza italiana e comunitaria e delle pronunce delle autorità garanti, alla luce delle più recenti evoluzioni legislative, tecnologiche ed economiche. I principali argomenti presi in esame nel testo sono: il ruolo e le applicazioni giuridiche dell’informatica, della telematica e della rete Internet; la diffusione della tecnica digitale e la convergenza tecnologica; la libertà d’informazione; la protezione dei dati personali; le frequenze radiotelevisive; i nomi a dominio e la pubblicità; il commercio elettronico e il contratto telematico; …

Sex Trafficking And Worker Justice, Michelle Dempsey

Michelle Madden Dempsey

This essay argues that the dualistic conception of work in Catholic social teaching – most notably in John Paul II’s Laborem Excerens – may provide a bridge between otherwise deeply divided views regarding how to conceptualize and define sex trafficking.

From The Bench To The Screen: The Woman Judge In Film, Laura Ray

Laura K. Ray

Although there has been a dramatic increase in the number of women judges over the past half century, their cinematic counterparts have failed to reflect that change. This Article explores the paradoxical relationship between social reality and its representation on screen to identify a lingering resistance to the idea of women exercising judicial power. The Article first examines the sparse history of women judges as central characters in films of the 1930s, finding the tension in those films between judicial authority and domestic happiness. It then turns to Hollywood’s romantic comedies of the 1940s, which resolved that tension through the …

Law, Fact, And Discretion In The Federal Courts: An Empirical Study, Robert Anderson

Robert Anderson IV

The organization of the federal judiciary rests upon a division of labor between trial courts and appellate courts. Central to this division of labor is the standard of review, which requires that appellate courts review factual and discretionary decisions deferentially. The conventional wisdom is that appellate courts almost never reverse trial court findings of fact and rarely reverse discretionary decisions. The prevailing view, however, is greatly oversimplified. Data from federal cases suggest that standards of review operate in a much more complex and nuanced way than the conventional account would indicate. The empirical evidence suggests that the appellate courts routinely …

The Extraordinary Deterrence Of Private Antitrust Enforcement: A Reply To Werden, Hammond, And Barnett, Joshua Davis, Robert Lande

Joshua P. Davis

Our article, "Comparative Deterrence from Private Enforcement and Criminal Enforcement of the U.S. Antitrust Laws," 2011 B.Y.U. L. Rev. 315, documented an extraordinary but usually overlooked fact: private antitrust enforcement deters a significant amount of anticompetitive conduct. Indeed, the article showed that private enforcement "probably" deters even more anticompetitive conduct than the almost universally admired anti-cartel enforcement program of the United States Department of Justice. In a recent issue of Antitrust Bulletin, Gregory J. Werden, Scott D. Hammond, and Belinda A. Barnett challenged our analysis. They asserted that our comparison “is more misleading than informative.” It is unsurprising that they …

Reforming The Third Year Of Law School, David Millon, Robert Danforth

David K. Millon

No abstract provided.

Global Bribery: The Foreign Corrupt Practices Act, Lucian Dervan

Lucian E Dervan

Written for a European publication focusing on internal investigations, this piece seeks to introduce the reader to the fundamental elements of the American FCPA, including discussion of available defenses under the statute. Further, this piece discusses some of the collateral considerations that must be made during the investigation of an FCPA matter, particularly given the existence of overlapping anti-bribery provisions in various countries throughout the world and the likelihood of concurrent parallel proceedings both in the United States and abroad during the pendency of any international bribery matter. Finally, this piece offers some thoughts regarding FCPA compliance programs.

(Reviewing Mark Drumbl, Reimagining Child Soldiers In International Law And Policy (2012)), Lingling Zhu

Mark A. Drumbl

No abstract provided.

A Tale Of Two Ironies: In Defense Of Tort, David Partlett, William Gill

William Gill

The Future Of International Criminal Law And Transitional Justice,, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Guest Contributor, Chapati Mystery (2012), Anil Kalhan

Anil Kalhan

No abstract provided.

(Mis)Use Of State Law In Bankruptcy: The Hanging Paragraph Story, Juliet Moringiello

Juliet M Moringiello

This article addresses the use of state law in bankruptcy in the context of the controversial “hanging paragraph” of the Bankruptcy Code, which was added to the Code by the 2005 amendments. The hanging paragraph appears to grant undersecured car lenders full payment in Chapter 13 bankruptcy cases, treatment that gives such lenders better treatment than other secured lenders. The provision is particularly controversial when applied to negative equity financing. Negative equity financing is provided by lenders when a car buyer offers a trade-in vehicle that is worth less than the outstanding loan that it secures. When a lender makes …

Constitutional Protection For Environmental Rights: The Benefits Of Environmental Process, Erin Daly

Erin Daly

More and more constitutions around the world -- from Bangladesh to Bolivia, and from the Philippines to the countries of the EU -- are explicitly protecting environmental rights and the values of a clean and healthy environment. In many instances, environmental rights are recognized not as substantive entitlements (which would allow litigants to sue if the government polluted their rivers or clearcut their forests), but as procedural rights. Examples of procedural rights include imposing on governments the obligation to consult with communities before they take actions that will affect their environment or giving individuals the right to participate in governmental …

Transcending Victimhood: Child Soldiers And Restorative Justice, Mark Drumbl

Mark A. Drumbl

No abstract provided.

China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski

John J. Capowski

Do Grades Matter?, Emily Zimmerman

Emily Zimmerman

Law school grading is regularly identified as the source of law student distress and disengagement. Although there is an abundance of literature criticizing law school grading, there is surprisingly little empirical research that investigates law students’ attitudes regarding grading. This Article presents the results of an empirical research project that investigated law students’ expectations and attitudes regarding their grades and the use of curved grading in law school. These results challenge some of the conventional wisdom about law students and grades and suggest that law professors may not necessarily know our students as well as we think we do.

For …

Respectable Queerness, Yuvraj Joshi

Yuvraj Joshi

This Article proposes a new theoretical framework to understand public recognition of gay people and relationships. This framework—called “respectable queerness”—suggests that public recognition of gay people and relationships is contingent upon their acquiring a respectable social identity that is actually constituted by public performances of respectability and by privately queer practices. The challenges posed by such recognition include dissonance between one’s public and private selves and fuelling moralism and entrenching divisions between different queer constituencies.

Can California Save Its Death Sentences? Will Californians Save The Expense?, Scott W. Howe

Scott W. Howe

Imposing a death sentence in California has become symbolism with a staggering price. From 1973 through 2009, California sentenced 927 persons to death but executed only thirteen. No executions have occurred since 2006. There are presently 714 persons on death row. Average delays between death sentences and executions are among the worst in the nation and in some cases will reach 30 years. One recent study estimated that taxpayers have spent more than $4,000,000,000 on the California death penalty since 1978 and more than $184,000,000 in 2009 alone.

This Article addresses two major questions about the future of California’s death …

The Arbitration Fairness Index: Using A Public Rating System To Skirt The Legal Logjam And Promote Fairer And More Effective Arbitration Of Employment And Consumer Disputes, Thomas J. Stipanowich

Thomas J. Stipanowich

Recent Supreme Court decisions have heightened concerns about the degree of effective judicial oversight of consumer and employment arbitration under binding predispute agreements. Efforts to address such concerns are largely stymied by a political logjam. Because binding arbitration serves as the adjudicative backdrop for many kinds of consumer disputes or employer-employee conflict, the choice of arbitration and the kind of justice available under arbitration agreements may be every bit as important as consumer warranties and other substantive rights and remedies. Yet consumers and employees tend to know very little about arbitration and how it affects their rights and obligations; arbitration …

Accomplishing Your Scholarly Agenda While Maximizing Students’ Learning (A.K.A., How To Teach Legal Methods And Have Time To Write Too), Anna P. Hemingway

Anna P. Hemingway

Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand

Michael A Helfand

This article sketches some possible limitations on the impact AT&T Mobility v. Concepcion will have going forward. While many have seen the Supreme Court’s decision as simultaneously signaling an end to the viability of class action lawsuits and undermining principles of federalism, there may be reasons to believe that it will not have implications quite so far reaching. Specifically, this article proposes three reasons why Concepcion’s impact may be limited. First, the decision lends itself to a more narrow reading, which simply demands that courts take the entire of an arbitration agreement into account before deploying common law defenses to …