Law Commons^™

Drugs And Incarceration In Oklahoma: An Arresting Problem, Arthur Lefrancois

Arthur G. LeFrancois

No abstract provided.

Interrogating Guilty Suspects: Why Sipowicz Never Has To Admit He Is Wrong, George C. Thomas Iii, Richard A. Leo

Richard A. Leo

On the television police drama NYPD Blue, Andy Sipowicz and his colleagues often use threats of physical violence and psychological interrogation tactics to extract confessions from "guilty suspects." Sipowicz is portrayed as a white knight who serves a nobler ideal than respecting the physical integrity of suspects: obtaining justice for innocent victims. Although the television show is fictional, it has implications regarding real-life interrogation tactics used by the police. In this chapter, the authors analyze scenes from NYPD Blue in which the detectives use physical violence, threats of violence, and negative and positive incentive techniques to induce confessions from suspects. …

Review Of Antitrust Law: Economic Theory And Common Law Evolution, Reza Dibadj

Reza Dibadj

Professor Keith Hylton provides a timely discussion of the most important doctrines of modern antitrust. Underlying his discussion is the thesis that antitrust can perhaps be best understood through the lens of federal common law. This book review begins by discussing how Professor Hylton's book differs from other books in the field, what topics it covers, and who might profitably read the book. The bulk of the review provides a perspective on the book. On the positive side, Hylton has written a lucid text that fruitfully analyzes antitrust from both a legal and a traditional economic perspective. The review's critique, …

Detention To Deportation - Rethinking The Removal Of Cambodian Refugees, Bill Ong Hing

Bill Ong Hing

This article is part of a symposium on Immigration and Civil Rights After September 11: The Impact on California.

The United States helped to pull Cambodia into the Vietnam war, initially through secret bombings in Cambodia in 1969 and CIA support for a rightist coup in Cambodia in 1970. After the Khmer Rouge genocide of two million of its own people in Cambodia, thousands of survivors fled to refugee camps. Eventually, the United States admitted 145,000 Cambodian refugees. U.S. resettlement policies provided public assistance and job training for low-income jobs. Refugee families, however, were not provided with the tools necessary …

The Aftermath Of Tmdl Litigation: Consent Decrees And Settlement Agreements, James R. May

James R. May

The Clean Water Act allows citizens to sue the EPA to “perform any act or duty…which is not discretionary,” and citizen suits have been influential in holding EPA responsible to the ideals of the CWA. This article describes the outcomes of three complex federal consent decrees to clean up waters and protect species in Pennsylvania, Delaware and Virginia through 2011.

Protecting Children From Speech, Alan E. Garfield

Alan E Garfield

Public concern about minor access to inappropriate speech (violent, sexual, vice advertising) has led to an onslaught of regulatory responses in recent years. Courts have wrestled with the constitutionality of these regulations but their decisions have provided little clarity as to what legislators may or may not do. In this Article, I guide legislators and judges through the thicket of child-protection censorship. I cut through the mass of precedent, empirical studies, and scholarship to distill the child-protection/free speech conflict into a series of comprehensible questions. By identifying the key questions underlying the conflict, I draw attention to the core constitutional …

Advocates Should Use Applicable International Standards To Address Violations Of Undocumented Migrant Workers In The United States, Connie De La Vega, Conchita Lozano-Batista

Connie de la Vega

This article seeks to provide migrant rights advocates with international legal arguments that can be used to address domestic human rights abuses when domestic law is inadequate and in violation of U.S. treaty obligations. It discusses applicable international law and suggests how these standards may be used to protect migrant workers. The article: describes the working conditions of undocumented migrants in the United States, highlighting recent violations of their human rights. It discusses Hoffman Plastics Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002), which limited the rights of undocumented workers, and its aftermath and in which there …

Watching Your Step: Avoiding The Pitfalls And Perils Of Corporate Internal Investigations, Lucian E. Dervan

Lucian E Dervan

Since the creation of the Corporate Fraud Task Force in July 2002, the United States Department of Justice and the other member agencies have worked feverishly to ferret out corporate crime and punish wrongdoers. The Task Force, in the three years following the announcement of its formation by President Bush, has instituted hundreds of investigations, secured over five hundred corporate fraud convictions or guilty pleas, and charged over nine hundred defendants. Not to be outdone by federal law enforcement authorities, some state attorneys general have followed suit, pursuing their own well-publicized probes of corporate practices. The stakes in these investigations …

The Regulation Of Mutual Fund Names And The Societal Role Of Trust: An Exploration Of Section 35(D) Of The Investment Company Act, Larry D. Barnett

Larry D Barnett

Section 35(d) of the Investment Company Act authorizes the Securities and Exchange Commission to regulate the names of investment companies that are registered with the Commission, and bars registered investment companies -- the vast majority of which are mutual funds -- from using names that contain words “that the Commission finds are materially deceptive or misleading.” The article relates the regulation of investment company names to the importance to society of trust. Pertinent case law under section 35(d) is reviewed, and Rule 35d-1 is discussed. The article also considers fund names that are not covered either by section 35(d) or …

Recapturing The Transformative Potential Of Employment Discrimination Law, Michelle A. Travis

Michelle A. Travis

Although antidiscrimination law has helped address explicit prejudice in the workplace, significant disparities remain, particularly for workers with disabilities and women with caregiving responsibilities. Much of this inequality results from subtler causes, including the ways that employers organize the when, where, and how of work performance. This Article analyzes the role that employment discrimination law could play in transforming the traditional organization of work. In particular, this Article challenges the full-time face-time norm, around which most top-level jobs are designed. This norm refers to the bundle of default preferences that employers have for full-time positions, unlimited hours or rigid work …

Reconceiving The Firm, Reza Dibadj

Reza Dibadj

Despite their seemingly sophisticated economics, existing theories of the firm have made for poor public policy, as witnessed by recurrent crises in corporate governance. This Article identifies and begins to remedy this gap. It argues that to make sense of organizational behavior, the firm needs to be reconceptualized as an entity that evolves norms within a social construct. Orthodox economic models of the firm remain focused on microanalytic equilibria drawn from assumptions of rationality. Institutional economics persists in erroneously modeling the firm as a series of efficient contracts. Behavioral economics treats the individual, not the firm, as the unit of …

Can There Be A Unified Theory Of Torts? A Pluralist Suggestion From History And Doctrine, Christopher J. Robinette

Christopher J Robinette

Autonomy And End-Of-Life Decision Making: Reflections Of A Lawyer And A Daughter, Ray D. Madoff

Ray D. Madoff

What is the role of autonomy in end-of-life decision making? As a law professor specializing in this field I thought I knew the answer. As a family member facing end-of-life decisions of a loved one, I learned firsthand of the gulf between law and life.

Sex, Fear, And Public Health Policy (Reviewing Gay Bathhouses And Public Health Policy, Wm. J. Woods & Diane Binson Eds. (2003), John G. Culhane

John G. Culhane

No abstract provided.