Law Commons^™

Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon

Louise Harmon

No abstract provided.

Heart Of Darkness: The Problem At The Core Of The Us Proxy System And Its Solution, David C. Donald

David C. Donald

Voting rights are a shareholder’s main legal channel to exercise control internally over the company in which she invests her savings. Under the corporate law of the US states, a shareholder is someone registered on the stockholders’ list, not a person who has title to shares. When in the 1970s transferring paper certificates became impossible on high-volume markets, Congress ordered that the market’s securities be put into the vaults of a central depository and that claims against the depository’s accounts be transferred rather than the shares themselves. Once this was done, however, issuers no longer knew who owned their shares; …

Love, Hate, And Other Emotional Interference In The Lawyer/Client Relationship, Marjorie A. Silver

Marjorie A. Silver

No abstract provided.

Capital Punishments And Religious Arguments: An Intermediate Approach, Samuel J. Levine

Samuel J. Levine

Determining the place and use of capital punishment in the American legal system is a challenging affair and one that is closely associated with and determined by religion's role in American legal decision-making. Both capital punishment and religion are controversial issues, and tend to challenge legal scholars and practitioners about whether they should function together or alone as valid parts of the legal system in the United States. Professor Levine argues that religious arguments should be employed to interpret and explain American legal thought when the need or proper situation arises. He uses capital punishment as an example of how …

Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine

Samuel J. Levine

Legal scholars have recently advanced theories emphasizing the importance of perspectives in the law. Perspective scholarship recognizes that laws are necessarily shaped by society's dominant forces, including its biases and preconceptions. Perspective scholars attempt to understand how these forces have shaped our laws, and they suggest changes to accommodate those affected by society's biases.

In this Article, Professor Levine introduces the concept of a religious minority perspective. He develops the concept of a religious minority perspective in the context of several, prominent Free Exercise cases. Professor Levine discusses these cases in his presentation of the central themes of a religious …

Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson

Harold I. Abramson

This article was originally published as Selecting Mediators and Representing Clients in Cross-Cultural Disputes, 7 CARDOZO J. CONFLICT RESOL. 253 (2006).

Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson

Harold I. Abramson

No abstract provided.

Wimmenspeak On Midwifery Lore, Nicole Rogers

Dr Nicole Rogers

The author argues the recent legislative banning of lay midwives in the State of New South Wales, Australia, is another instance of domination of women's bodies which results from a patriarchal society and medical profession.

Cheque Cancelatorio. Reflexiones A Propósito De La Comunicación A 5130/2010 Del Banco Central De La República Argentina., Carlos Molina Sandoval

Carlos Molina Sandoval

Desafortunadamente el régimen incorporado por la Comunicación A 5130/2010 del Banco Central de la República Argentina es complejo, insuficiente y no garantiza el adecuado funcionamiento del instrumento cancelatorio. Mediante el presente se analizan los principales aspectos de la reglamentación del cheque cancelatorio.

Three Milestones In The History Of Privacy In The United States, Vernon Valentine Palmer

Vernon Palmer

Over the course of more than 120 years the right of privacy has somehow acquired, absorbed and incorporated various tangential interests such as the right to control use of one’s name, one’s image, one’s writings, one’s life story, and even the right to exploit one’s own publicity value. Obviously those who seek to capitalize upon the publicity value of their name or talent are not in fact seeking privacy in the usual sense of the word, and yet American tort law protects the publicity right either in the name of privacy or describes it as a related offshoot. Somewhat more …

Civil Rights And Related Decisions, Eileen Kaufman

Eileen Kaufman

No abstract provided.

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz

Eileen Kaufman

No abstract provided.

Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon

Eileen Kaufman

No abstract provided.

Choosing The Insidious Path: West Virginia University Hospitals, Inc. V. Casey And The Importance Of Experts In Civil Rights Litigation, Eileen R. Kaufman

Eileen Kaufman

No abstract provided.

A Race By Any Other Name: The Interplay Between Ethnicity, National Origin And Race For Purposes Of Section 1981, Eileen R. Kaufman

Eileen Kaufman

No abstract provided.

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz

Eileen Kaufman

No abstract provided.

Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.

From Ship To Shore: Reforming The National Contingency Plan To Improve Protections For Oil Spill Cleanup Workers, Rebecca Bratspies, Alyson Flournoy, Thomas Mcgarity, Sidney A. Shapiro, Rena I. Steinzor, Matthew Shudtz

Rena I. Steinzor

Eleven workers died on April 20, 2010, when the Deepwater Horizon oil drilling platform exploded beneath them. Since then, tens of thousands of workers have toiled under difficult conditions to stop the leak and clean up the mess. For these workers, the spill is more than an environmental and economic disaster; it poses straightforward and serious risks to their health and safety. Oil is toxic, as are the dispersants used liberally by BP to contain it. BP’s foul up is not the first significant oil spill in the nation’s history, nor even the first in the Gulf. The oil companies …

The Prime Minister As Puppet: Taking Howard To The High Court, Nicole Rogers

Dr Nicole Rogers

The author examines a constitutional oddity, the common informer suit. This mechanism allows a member of the public the opportunity to challenge the right of a Member of Parliament to continue to sit in the event that he or she meets one of the grounds for disqualification in section 44 of the Australian Constitution. The author evaluates the use of the common informer suit as a means by which any person can mount a challenge in the High Court against the Prime Minister, John Howard. The relevant ground for disqualification is the second limb of section 44(i), which disqualifies Members …

Activism And The Academy, Nicole Rogers

Dr Nicole Rogers

How the legal academy can support and accommodate activism - North East Forest Alliance (NEFA) - Chaelundi Free State - teaching about activism.

Are Registered Representatives Subject To The Fair Labor Standards Act?, Barry R. Temkin

Barry R. Temkin

Are registered securities representatives entitled to time and a half pay for working overtime? The concept seems foreign to white-collar workers in the financial services industry, most of whom are professionals or paid on the basis of commissions, or both. Yet a spate of recent federal collective actions has roiled the securities industry, challenging long-held assumptions about the applicability of minimum wage and hour laws to what had traditionally been thought of as a white-collar industry. Some federal courts have applied the overtime and minimum wage requirements of the Fair Labor Standards Act to financial advisors. Recent cases applying the …

Gender Matters In Juvenile Justice, Francine Sherman, Meda Chesney-Lind

Francine T. Sherman

No abstract provided.

In Efforts To Regulate Immigration, States Test Limits Of Their Authority, Alan E. Garfield

Alan E Garfield

No abstract provided.

Assuming Constant Uniform Income Tax Rates, A Three Bank-Account Analogy Demonstrating The Immediate And Long-Term Advantages Of The Roth Conversion, William Wang

William KS Wang

This three and a half page piece assumes a uniform constant tax rate. The essay uses an analogy to three bank accounts to demonstrate the immediate and long-term advantages of the Roth IRA conversion, including (1) a decrease in income tax, (2) avoiding required minimum distributions, (3) reduction in one's taxable estate, and (4) the opportunity to invest in stocks and enjoy the gains but avoid the losses.

The Uncertain State Of Employee Nonsolicitation Clauses In California, Elena K. Kouvabina

Elena K Kouvabina

Employee nonsolicitation clauses continue to be a common feature of employment agreements in California. While Section 16600 of the California Business and Professions Code prohibits contractual restraints on the practice of a lawful profession, trade or business, in 1985, the California Court of Appeal held that employee nonsolicitation clauses do not violate Section 16600 because they do not significantly affect employees’ ability to engage in a lawful profession, trade or business. In a recent decision, however, the California Supreme Court pronounced that Section 16600 is violated even if a covenant does not completely preclude one from engaging in a lawful …

Winner's Curse (La Maldición Del Ganador): Un Análisis De La Toma De Decisiones En Subastas De Valor Común, Renzo E. Saavedra Velazco

Renzo E. Saavedra Velazco

En la presente nota se analiza la denominada maldición del ganador que importa que el ganador de una subasta puede ser quien sufra las más altas pérdidas, en lugar de los participaron que no lograron adjudicarse el bien o el derecho materia de la subasta. Este resultado se produce por una conjunción de fuerzas en contraposición: la lógica que le indica pujar con cuidado; y, el deseo de lograr la adjudicación que se exacerba en atención a la cantidad de proponentes. Ante ello, muchas veces el ganador termina por ofrecer una suma por encima de su propia valuación subjetiva y …

Incrementalism, Civil Unions, And The Possibility Of Predicting Legal Recognition Of Same-Sex Marriage, Erez Aloni

Erez Aloni

Scholars who have examined the legal recognition of same-sex partnerships in European countries have concluded that the path to the legalization of same-sex marriage follows an incremental process involving specific stages. They suggest that it is possible to predict, based on certain visible social and legal processes or assessable parameters, which U.S. states will be the next to recognize same-sex marriage. These scholars argue that such small cumulative legal changes at the state level constitute the best means of legalizing same-sex marriage in the United States, and that civil unions are a necessary step in this process. This article shows …

Lawmakers As Lawbreakers, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

How would Congress act in a world without judicial review? Canlawmakers be trusted to police themselves? This Article examinesCongress’s capacity and incentives to enforce upon itself “the law ofcongressional lawmaking”—a largely overlooked body of law that iscompletely insulated from judicial enforcement. The Article exploresthe political safeguards that may motivate lawmakers to engage inself-policing and rule-following behavior. It identifies the majorpolitical safeguards that can be garnered from the relevant legal,political science, political economy, and social psychology scholarship,and evaluates each safeguard by drawing on a combination oftheoretical, empirical, and descriptive studies about Congress. TheArticle’s main argument is that the political safeguards that …

Heads I Win, Tails You Lose: Uncertainty And The Protection Of Biodiversity From Invasive Alien Species, Sophie Riley

Sophie Riley

Scientists anticipate that the problem of invasive alien species will be exacerbated by co-stressors of biodiversity, such as land clearing and climate change. One of the most effective means of regulating invasive alien species is to prevent their entry by implementing rigorous quarantine measures with strong border controls. Yet, regulators face constant uncertainty with regard to the impact of invasive alien species on biodiversity, and the need to navigate a range of opinions on how best to deal with uncertainty. These difficulties are illustrated by the differing approaches to uncertainty embodied by the World Trade Organization on the one hand …

George Washington And The Executive Power, John C. Yoo

John C Yoo

This paper examines current debates over the scope of presidential power through the lens of the Washington administration. We tend to treat Washington’s decisions with an air of inevitability, but the constitutional text left more questions about the executive unanswered than answered. Washington filled these gaps with a number of foundational decisions - several on a par with those made during the writing and ratification of the Constitution itself. He was a republican before he was a Federalist, but ultimately Washington favored an energetic, independent executive, even at the cost of political harmony. He centralized decision-making in his office, so …