Law Commons^™

A Lawyer's Calling, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

Rethinking Judicial Elections, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

The Politics Of Crime And The Threat To Judicial Independence, Jeannine Bell

Articles by Maurer Faculty

No abstract provided.

Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael J. Jenuwine, Gene Griffin

Articles by Maurer Faculty

No abstract provided.

What Constitution Does Europe Need? The House That Giscard Built: Constitutional Rooms With A View, Paul Craig

Articles by Maurer Faculty

This paper presents an overview of key features of the Draft Constitution. The analysis is divided into two broad parts. There is an horizontal perspective which analyses the regime of power, control and accountability within the Draft Constitution. The discussion within this section focuses more specifically on the inter-institutional division of power, the Charter of Rights and the provisions concerning the Community courts. The second part of the paper considers the Draft Constitution from a vertical perspective, viz the impact of the Constitution on the relations between the EU and the Member States. The more specific topics discussed within this …

When Clients Do Bad Things: The Lawyer's Response To Corporate Wrongdoing, Craig M. Bradley

Articles by Maurer Faculty

The high profile meltdowns of Enron, WorldCom, Tyco, Adelphia, Global Crossing and other well-known companies have focused attention on the responsibilities of corporate gatekeepers, including attorneys, to deter or expose fraudulent conduct by their clients and associated persons. Attorneys have been the subject of investigation and criticism by Congress' and federal regulators for failing to adequately respond to their clients' fraudulent (and, possibly, criminal) conduct. The lawyer who learns that his or her client or persons acting on its behalf are engaged in a course of fraudulent or criminal conduct which threatens economic losses to non-client third parties faces both …

Regulatory Mismatch In The International Market For Legal Services, Carole Silver

Articles by Maurer Faculty

The increasingly international reach of law owes part of its momentum to individual lawyers and law firms that function as carriers of ideas, processes and policies. U.S. lawyers are important participants in this expanding influence of law, as they educate, train and deploy individuals educated and licensed in the U.S. and abroad. This article examines the ways in which law firms internationalize, and considers the regulatory environment governing crucial interactions between U.S. and foreign-educated lawyers. It builds upon prior work that investigated the impact on U.S. law firms of the development of an international market for legal services and the …

Unification Of The Law Governing Secured Transactions: Progress And Prospects For Reform, Hannah Buxbaum

Articles by Maurer Faculty

This article was published in connection with UNIDROIT's 75th anniversary conference on worldwide harmonization of private law and regional economic integration. It begins by addressing the commercial need for harmonization in the area of secured transactions, discussing both traditional conflicts analysis in that field and particular obstacles to reform. It then outlines the specific reform initiatives that have been implemented to date, grouping them into sectoral instruments and regional instruments. It concludes by speculating on the future of harmonization efforts in security law.

Public Health And National Security In The Global Age: Infectious Diseases, Bioterrorism, And Realpolitik, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Racism Or Realpolitik? U.S. Foreign Policy And The Hiv/Aids Catastrophe In Sub-Saharan Africa, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Transnational Legal Practice: Cross-Border Legal Services: 2002 Year-In-Review, Carole Silver, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft

Articles by Maurer Faculty

No abstract provided.

Anticompetitive Settlement Of Intellectual Property Disputes, Mark D. Janis, Herbert J. Hovenkamp, Mark A. Lemley

Articles by Maurer Faculty

No abstract provided.

The Middle Class Fourth Amendment, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Closing The Deal In Contracts: Introducing Transactional Skills In The First Year, David V. Snyder

Articles by Maurer Faculty

No abstract provided.

To Err Is Human: The Judicial Conundrum Of Curing Apprendi Error, Joshua Fairfield

Articles by Maurer Faculty

No abstract provided.

Advancing The Language Of Human Rights In A Global Economic Order: An Analysis Of A Discourse, Christiana Ochoa

Articles by Maurer Faculty

Human rights language is particularly attuned to setting out the goals of protecting the worlds least protected people. As human rights advocates have entered negotiations with international economic institutions and transnational corporations (TNCs), such negotiations have often resulted in an alternative language to describe the necessity of protecting and promoting human rights. After describing the progressive inclusion of human rights ideas by TNCs, the World Bank, the IMF, and the WTO, this Article argues that, while such inclusion is a benefit to the human rights movement, the creation of an alternative language to describe human rights goals is potentially detrimental. …

African-Americans Within The Context Of International Oppression, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Clear Sailing Agreements: A Special Form Of Collusion In Class Action Settlements, William D. Henderson

Articles by Maurer Faculty

A clear sailing agreement (or clause) is a compromise in which a class action defendant agrees not to contest the class lawyer's petition for attorneys' fees. This Article argues that clear sailing provisions often facilitate collusive settlements in cases involving non-pecuniary relief or claims-made common funds that return all unclaimed monies to the defendant. Because these types of settlements present difficult valuation problems, trial courts lack a clear benchmark for calculating attorneys' fees. Defendants and class can exploit this uncertainty by presenting an inflated settlement value to the court (to justify higher attorneys' fees) while simultaneously reducing the true cost …

Revisiting The Vast Wasteland, Fred H. Cate, Newton N. Minow

Articles by Maurer Faculty

No abstract provided.

Getting What We Should From Doctors: Rethinking Patient Autonomy And The Doctor-Patient Relationship, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

Social Policy Advocacy And The Role Of The Courts In India, Jayanth K. Krishnan

Articles by Maurer Faculty

The "success" of India's democracy is a feat that must not be underemphasized; this article by no means will attempt to say otherwise. However, even within the most thriving of democratic societies problems exist. In addition to the challenges mentioned above, India confronts other issues. Corruption and bribery of politicians, police abuse, non-performance by and incompetence among bureaucrats, and an inadequate infrastructure are just a smattering of troubles that burden the Indian state. As serious, if not more so of a problem, but one that has received passing attention by most scholars, is the inefficiency of the country's judicial system. …

Mental Health Assessment Of Minors In The Juvenile Justice System, Michael Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin

Articles by Maurer Faculty

No abstract provided.

Community Supervision Of Sex Offenders -- Integrating Probation And Clinical Treatment, Michael J. Jenuwine, Ronald Simmons, Edward Swies

Articles by Maurer Faculty

No abstract provided.

Revolt Against Or From Within The West?: Twail, The Developing World, And The Future Direction Of International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

The Rights Of The New Untouchables: A Constitutional Analysis Of Hiv Jurisprudence In India, Jayanth K. Krishnan

Articles by Maurer Faculty

It is believed that India will soon have the highest number of HIV/AIDS cases of any country. Some reports project that 37 million people will be infected within the next two decades. Sadly, few studies have examined the legal claims of those who suffer with this disease in this, the world's largest democracy. In this article, I systematically examine how the courts in India have responded to rights-based claims brought by people who have HIV. The conventional wisdom is that the Indian judiciary frequently protects the rights of the poor, the under-represented, and the ill. But my findings reveal that, …

Mobilizing Immigrants, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.

The Interplay Between Norms And Enforcement In Tax Compliance, Leandra Lederman

Articles by Maurer Faculty

What will increase individuals' compliance with the federal income tax? There are rich legal, economic, and sociological literatures examining this question. The traditional answer that increased enforcement will increase compliance is supported by both economic modeling and a number of experiments. However, studies show that appeals to normative beliefs about honesty in taxpaying play an important role as well.

A number of scholars have suggested that vigorous enforcement of the tax laws may be counterproductive because it may suggest that noncompliance is the norm. This article argues, in part, that enforcement and a compliance norm are not inconsistent but rather …

Tax Compliance And The Reformed Irs, Leandra Lederman

Articles by Maurer Faculty

The Internal Revenue Service Restructuring and Reform Act of 1998 directed the IRS to transform itself into an agency focused on "customers." What affect will such a focus on service have on compliance? This article analyzes not only the post-IRS reform statistics on enforced compliance but also considers the more important question of the likely impact of IRS friendliness on so-called "voluntary compliance."

Although some have suggested that a kinder IRS might prompt increased voluntary compliance, this article argues that it likely will not, based on the literature examining the impact on voluntary compliance of tax collector service to taxpayers …

Book Review. Boundary Issues In Central Asia By Necati Polat, Elizabeth Larson Goldberg

Articles by Maurer Faculty

No abstract provided.

Reexamination Of The Benefit Of Publicly Funded Private Education For African-American Students In A Post-Desegregation Era, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.