Law Commons^™

The Story Of Nlrb V. Mackay Radio & Telegraph Co.: The High Cost Of Solidarity, Thomas Kohler, Julius Getman

Thomas C. Kohler

In 1938, in NLRB v. Mackay Radio & Telegraph Co., the Supreme Court offered one of its earliest interpretations of the National Labor Relations Act. Although the Court's holding provided that employers may not discriminate against employees for their union activity when the strike is over and workers are reinstated, dicta in the opinion also provided that under the NLRA employers enjoy an unrestricted right to replace strikers. In the 70 years since the Court's announcement, scholars remain baffled by the contradictions presented by the "Mackay doctrine" - a rule that forbids employers from discharging legally protected strikers while, at …

Another Limit On Federal Court Jurisdiction? Immigrant Access To Class-Wide Injunctive Relief, Jill Family

Jill E. Family

'Mourning Venice And Genoa': Joseph Story, Legal Education, And The Lex Mercatoria, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.

Justice And The Administrative State: The Fdic And The Superior Bank Failure, Christian Johnson

Christian A. Johnson

The Seduction Of The Appellate Body: Shrimp/Sea Turtle I And Ii And The Proper Role Of States In Wto Governance, J. Kelly

Patrick Kelly

The Article proposes new interpretations of GATT Article XX to minimize the harmful effects of recent WTO jurisprudence that threaten to undermine the goals of the trading system and diminish the role of states in policymaking. In the Shrimp/Turtle cases the WTO's Appellate Body (AB) utilized an evolutionary methodology to interpret the conservation of exhaustible natural resources exception in Article XX(g) to permit the unilateral regulation by one country of how goods are produced (PPMs) in other countries. Such an expansive approach to interpretation permits wealthy nations with large markets to unilaterally impose their preferred environmental policies, and presumably other …

Rage And Critique: One Jewish Girl’S Story, Libby Adler

Libby S. Adler

This essay recounts an experience of researching, writing and teaching about restitution for the corporate use of slaves during the Third Reich. It is a tale of integration of deeply invested moral outrage and detached critical legal analysis.

Real Ethics For Real Lawyers, Daniel Coquillette

Daniel R. Coquillette

Real Ethics for Real Lawyers uses a lively, problem-centered approach to teach professional responsibility courses. The author, Daniel Coquillette, the former Dean of Boston College School of Law, is now the J. Donald Monan S.J. University Professor at Boston College School of Law and the Lester Kissel Visiting Professor at Harvard Law School. He has served as Chairman of the Massachusetts Bar Association Committee on Professional Ethics, as a member of the ABA Standing Committee on Ethics and Professional Responsibility, and as an Advisor to the ALI Restatement of the Law Governing Lawyers. For eight years he was also an …

The Formless City Of Plato's Republic: How The Legal And Social Promotion Of Divorce And Same-Sex Marriage Contravenes The Principles And Undermines The Projects Of The Universal Declaration Of Human Rights, Scott Fitzgibbon

Scott T. FitzGibbon

In the Republic, Plato describes a stage in social decay called “formlessness,” where all sorts of differences are accepted and none is preferred. No one need hold office or obey. People are impatient with all the ties that ought to bind them. Plato's formess city displays three deplorable features. One is the denigration of law and custom. A second is ethical skepticism or nihilism. A third is the repudiation of duty. These features also characterize the divorce culture and the same-sex marriage movement. The Universal Declaration of Human Rights reflects a philosophy quite the reverse of Plato’s formless city. Its …

Property Right And Tortious Wrong In Vincent V. Lake Erie, Gregory Keating

Gregory C. Keating

Vincent v. Lake Erie has given rise to two enduring controversies. The first concerns the imposition of the duty of repair itself. Lake Erie acted reasonably in lashing its ship to Vincent's dock and damaging the dock. Why should justified conduct--doing the right thing--give rise to liability in tort? The second concerns the basis of the duty of reparation recognized by the case. Is it rooted in Vincent's property right to exclude Lake Erie, a right overriden by the urgency of Lake Erie's plight but perhaps possessed of enough residual pull to compel compensation? Or is it grounded not on …

The Future Of The Wto: Report By The Consultative Board, Sungjoon Cho

Sungjoon Cho

No abstract provided.

Beyond Gratz And Grutter: Prospects For Affirmative Action In The Aftermath Of The Supreme Court's Michigan Decisions, Euel Elliott, Andrew Ewoh

Andrew I.E. Ewoh

This article explores the meaning of the Supreme Court's Michigan decisions and their implications for higher education in the judicial, political, and social–cultural context. It concludes that the complex and dynamic interplay of judicial policymaking, politics and public opinion, and demographic changes could have important consequences, including unanticipated ones, in the years ahead.

Products Liability And Basic Tort Law, Martin Kotler

Martin A. Kotler

No abstract provided.

High Court Changes Affecting Civil Rights Eyed Closely By Women And Minorities, Steven Gonzales

Steven Gonzales

No abstract provided.

Prosecutorial Ethics, R. Michael Cassidy

R. Michael Cassidy

This casebook explores the ethical responsibilities of a prosecutor at each stage of the criminal justice process. Focusing on ethical and constitutional constraints on prosecutorial discretion, the texts covers both Supreme Court decisions interpreting Fifth and Sixth Amendment guarantees and state rules of attorney conduct. Topics discussed include a prosecutor’s conduct during criminal investigations, charging decisions, grand jury practice, interviewing and contacting witnesses, plea bargaining, jury selection, trial conduct, and publicity. Each chapter is followed by real-world hypotheticals designed to introduce students to the ethical dilemmas typically encountered by government lawyers in criminal practice. This book is suitable for use …

Juvenile Decertification: Developing A Model For Classification And Prediction, Geoffrey Marczyk, Kirk Heilbrun, Tammy Lander, David Dematteo

David DeMatteo

This study considers the impact of data from the Psychopathy Checklist: Youth Version (PCL:YV), the Massachusetts Youth Screening Instrument (MAYSI), and the Youth Level of Service Case Management Inventory (YLS/CMI) on the court’s decision whether to decertify an adolescent defendant back to juvenile court or keep the defendant in criminal court. There are significant positive relationships between certification status and age; number of violent charges; total charges; PCL:YV, YLS/CMI, and MAYSI total scores; and select subscales of the MAYSI and the YLS/CMI. Significant differences are found between those who remained in the adult criminal justice system and those who were …

Statement Of Jeanne M. Woods And Hope Lewis Prepared For The Hearings Of The United Nations Special Rapporteur On Extreme Poverty, Dr. Arjun Sengupta On The Aftermath Of Hurricane Katrina, Hope Lewis, Jeanne Woods

Hope Lewis

This Statement was submitted to the UN Independent Expert on Human Rights and Extreme Poverty, Dr. Arjun Sengupta in the aftermath of the Hurricane Katrina disaster on the Gulf Coast of the United States in 2005. The Statement, submitted during the Independent Expert’s fact-finding visit, expresses concern about the extensive and alarming human rights implications of United States federal, state and local government policy and activities before, during, and after Hurricane Katrina. The Statement argues that the inadequate response of government officials at all levels reflects the impact of “globalization in miniature” on the poor and other vulnerable and subordinated …

I Do Solemnly Swear: A Historical Perspective On The Nomination, Confirmation, And Appointment Of Justices Of The United States Supreme Court, Robert Barker

Robert S. Barker

No abstract provided.

Sports & Inequality, Robert Hayman, Michael Cozzillio

Robert L. Hayman

No abstract provided.

Toxicology Litigation In North Carolina, Jill Fraley

Jill M. Fraley

No abstract provided.

Developments In Copyright Law, Sarah Wiant

Sarah K. Wiant

No abstract provided.

Cases And Materials On Bankruptcy, Margaret Howard

Margaret Howard

No abstract provided.

The Torts Game: Defending Mean Joe Greene, Jonathan Zittrain, Jennifer Harrison

Jonathan Zittrain

No abstract provided.

An Insider's Guide To The Wtos Problems, Andrew Guzman

Andrew T Guzman

No abstract provided.

Sustainable Development And The Marrakech Accords, David Hodas

David R. Hodas

The United Nations Framework Convention on Climate Change (UNFCCC) Conference of the Parties (COP) in Marrakech drafted a legal and institutional structure to govern various market-based mechanisms to limit greenhouse gas (GHG) emissions. This governance instrument incorporated both economic and environmental considerations at every stage of the decision-making process. The Marrakech Accords operational guidelines govern three alternative market-based approaches: Clean Development Mechanism; Joint Implementation; and Emissions Trading. The Marrakech Accords require the development of principles and rules for measuring emission baselines and additionality which define what is a valid GHG emission reduction, the degree sustainability influences project approval, and overall …

America Meets The Justices: Explaining The Supreme Court To The General Reader, Laura Ray

Laura K. Ray

Curiosity about the Justices of the Supreme Court has increased dramatically since the New Deal era, when Americans first became aware of how directly the Court’s decisions affected their lives. That interest is reflected in three books about the Court written for a general audience, all of them provoking controversy and attracting substantial numbers of readers. In 1936 Washington columnists Drew Pearson and Robert S. Allen published The Nine Old Men, a partisan attack on the conservative members of the Court as political actors driven by their individual attitudes rather than by the law. Over forty years later, investigative journalists …

Contributing Author, David Wirth

David A. Wirth

No abstract provided.

Wyoming Pre-Statehood Legal Materials: An Annotated Bibliography, Debora Person

Debora A. Person

No abstract provided.

Taking Democracy Global: Assessing The Benefits And Challenges Of A Global Parliamentary Assembly, Andrew Strauss

Andrew L. Strauss

No abstract provided.

For Debtor Or Worse: Discharge Of Marital Debt Obligations Under The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Daniel Austin

Daniel A. Austin

Part I examines the intersection between divorce and bankruptcy in contemporary American society, providing an overview of divorce demographics and an introduction to the bankruptcy process. Part II offers a pre- and post-Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) comparison of the Bankruptcy Code sections governing divorce obligations and discharge under the Bankruptcy Code. Part III reviews how courts in the future are likely to do so under the BAPCPA revisions. Part IV joins together existing rules and approaches to the new BAPCPA language to determine how courts will apply the BAPCPA marital discharge provisions to future cases. Part …

Sustainable Development And Natural Governance: The Challenges Ahead, John Dernbach, Dan Tarlock

John C. Dernbach

No abstract provided.