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Articles 1 - 30 of 41
Full-Text Articles in Law
The Case For A Charitable Contributions Deduction, Mark P. Gergen
The Case For A Charitable Contributions Deduction, Mark P. Gergen
Mark P. Gergen
United States. Examines three theories supporting some form of a deduction or tax credit for contributions.
Bisexuals Need Not Apply: A Comparative Appraisal Of Refugee Law And Policy In Canada, The United States, And Australia, Sean Rehaag
Sean Rehaag
This paper offers an analysis of refugee claims on grounds of bisexuality. After discussing the grounds on which sexual minorities may qualify for refugee status under international refugee law, the paper empirically assesses the success rates of bisexual refugee claimants in three major host states: Canada, the United States, and Australia. It concludes that bisexuals are significantly less successful than other sexual minority groups in obtaining refugee status in those countries. Through an examination of selected published decisions involving bisexual refugee claimants, the author identifies two main areas for concern that may partly account for the difficulties that bisexual refugee …
Betty Boop And The Return Of Aesthetic Functionality: A Bitter Medicine Against "Mutant Copyrights"?, Irene Calboli
Betty Boop And The Return Of Aesthetic Functionality: A Bitter Medicine Against "Mutant Copyrights"?, Irene Calboli
Irene Calboli
This article offers a brief overview of the history and developments of the doctrine of aesthetic functionality in the United States and examines the recent decisions in Fleischer Studios, Inc v AVELA, Inc . In particular, the article argues that the courts in Fleischer added an important element to the interpretation of the doctrine, namely the fact that the courts seemed willing to resort to aesthetic functionality to counter the consequences resulting from the practice of using trade mark law as an additional form of protection for copyrighted, or once copyrighted, creative works.
The Faces Of Japanese Labor Relations In Japan And The U.S. And The Emerging Legal Issues Under U.S. Labor Laws, Ronald C. Brown
The Faces Of Japanese Labor Relations In Japan And The U.S. And The Emerging Legal Issues Under U.S. Labor Laws, Ronald C. Brown
Ronald Brown
The so-called "traditions" of Japanese labor relations are being put into practice in the United States in adapted form by Japanese investors and are being adopted by U.S. companies as well. This Japanese-style labor relations is in effect - the "new labor relations" in the United States.
Bremer's Gordian Knot: Transitional Justice And The Us Occupation Of Iraq, Eric Stover, Hanny Megally, Hania Mufti
Bremer's Gordian Knot: Transitional Justice And The Us Occupation Of Iraq, Eric Stover, Hanny Megally, Hania Mufti
Eric Stover
Shortly after the US invasion and occupation of Iraq, L. Paul Bremer III, in his capacity as the chief administrator of the Coalition Provisional Authority (CPA), introduced several transitional justice mechanisms that set the course for how Iraqis would confront the legacy of past crimes for years to come. In developing these mechanisms, Bremer consulted with a select group of Iraqi exiles that had returned to Iraq or were still living abroad. However, he failed to solicit the opinions and attitudes of the Iraqi people as a whole. He also failed to consult many of the governmental and nongovernmental entities …
Telling Tales In School: Youth Culture And Conflict Narratives, Calvin Morrill, Madelaine Adelman, Michael Musheno, Cindy Bejarano
Telling Tales In School: Youth Culture And Conflict Narratives, Calvin Morrill, Madelaine Adelman, Michael Musheno, Cindy Bejarano
Calvin Morrill
This study departs from mainstream criminology to approach youth conflict and violence from a youth-centered perspective drawn from cultural studies of young people and sociolegal research. To access youth orientations, we analyze experiential stories of peer conflict written by students at a multiethnic, low-income high school situated in an urban core of the western United States. We argue that youth narratives of conflict offer glimpses into how young people make sense of conflict in their everyday lives, as well as insights as to how the images and decisional bases embedded in their storytelling connect to adult-centered discourses found in popular …
Institutional Isomorphism And Informal Social Control: Evidence Form A Community Mediation Center, Calvin Morrill, Cindy Mckee
Institutional Isomorphism And Informal Social Control: Evidence Form A Community Mediation Center, Calvin Morrill, Cindy Mckee
Calvin Morrill
Widespread satisfaction among users of community mediation, but low voluntary usage, provides a context within which institutional isomorphism between state and informal social control organizations can be empirically investigated. Data drawn from a triangulated ethnography of a single community mediation center suggest that community mediation centers come to be isomorphic with more established governmental social control agencies in order to manage resource uncertainties and assure organizational survival. These findings are relevant to an understanding of linkages between community mediation centers and the state, the struggle for autonomy from the state by mediation practitioners, institutional constraints on community mediation centers generating …
Involuntary Cotenants: Eminent Domain And Energy And Communications Infrastructure Growth, Andrew P. Morriss, Roy Brandys, Michael M. Barron
Involuntary Cotenants: Eminent Domain And Energy And Communications Infrastructure Growth, Andrew P. Morriss, Roy Brandys, Michael M. Barron
Andrew P. Morriss
No abstract provided.
Buried Treasure Or Buried Hope? The Status Of Mexico-U.S. Transboundary Aquifers Under International Law, Gabriel E. Eckstein
Buried Treasure Or Buried Hope? The Status Of Mexico-U.S. Transboundary Aquifers Under International Law, Gabriel E. Eckstein
Gabriel Eckstein
Transboundary aquifers found along the 2,000 mile-long border between Mexico and the United States are not governed by any treaty. Yet, these aquifers are the primary source of water for many of the twelve million people who live in this parched region. The region’s groundwater, however, is being over-exploited and contaminated, which is threatening the very life that it currently sustains. As populations continue to expand and current rates of haphazard development persist, the absence of an agreement for the management and allocation of this critical resource could lead to bi-national economic, social and environmental tragedies. This study reviews groundwater …
Rethinking Transboundary Ground Water Resources Management: A Local Approach Along The Mexico-U.S. Border, Gabriel E. Eckstein
Rethinking Transboundary Ground Water Resources Management: A Local Approach Along The Mexico-U.S. Border, Gabriel E. Eckstein
Gabriel Eckstein
Despite more than forty years of promises to the contrary, neither Mexico nor the United States have shown any inclination to pursue a border-wide pact to coordinate management of the border region’s transboundary ground water resources. As a result, these critical resources – which serve as the sole or primary source of fresh water for most border communities on both sides – are being overexploited and polluted, leaving the local population with little recourse. Imminently unsustainable, the situation portends a grim future for the region. In the absence of national governmental interests and involvement on either side of the frontier, …
Is Suspension A Political Question, Amanda L. Tyler
Is Suspension A Political Question, Amanda L. Tyler
Amanda L Tyler
The article focuses on the Suspension Clause of the U.S. Constitution being a political issue. It says that once suspension is viewed as a nonjusticiable political question, it would turn as a subject on which most of the restraints imposed by the Constitution would not be subjected to judicial enforcement. It is claimed that such thought should be denied because it is at odds of writ of habeas corpus heritage and would only complicate the separation of powers and the institution of judicial reviews.
Effective Alternatives To Causes Of Action Barred By The Eleventh Amendment, Jesse H. Choper, John C. Yoo
Effective Alternatives To Causes Of Action Barred By The Eleventh Amendment, Jesse H. Choper, John C. Yoo
John C Yoo
The article discusses several alternatives to causes of action barred by the Eleventh Amendment in the U.S. It discusses the Eleventh Amendment cases and the academic commentary they have generated. Moreover, it explains the internal constraints on state sovereign immunity such as suits against state officers in their private capacities. In addition to internal constraints, external limitations on sovereign immunity are also addressed.
President Obama And The Framers' Presidency, John Yoo
President Obama And The Framers' Presidency, John Yoo
John C Yoo
An essay is presented on U.S. President Barack Obama, American constitutional law, and the beliefs of the Framers of the U.S. Constitution in regards to the powers of the executive branch as of January 2013. Obama's apparent focus on domestic policy during his first term in office is addressed, including his administration's work in delaying the construction of aerospace company Boeing Co.'s plant in a right-to-work state, as well as the construction of the Keystone XL pipeline.
The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring
The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring
Franklin E. Zimring
The article examines imprisonment within the U.S. during the 20th century and discusses what these trends portend for imprisonment during the 21st century. The author creates a scale by which imprisonment rates and criminal statistics are evaluated. Charts and graphs are used to illustrate the growth in incarceration rates that occurred progressively throughout the 20th century. Elements such as penal law, prisons being viewed as sources of capital, and more stringent criminal justice procedures are referenced as factors that have contributed to imprisonment. Empirical methods are used to examine how prison populations will change in the 21st century.
Federal Courts As Weapons Of Foreign Policy: The Case Of The Helms-Burton Act, John Yoo
Federal Courts As Weapons Of Foreign Policy: The Case Of The Helms-Burton Act, John Yoo
John C Yoo
No abstract provided.
Penal Policy And Penal Legislation In Recent American Experience, Franklin E. Zimring
Penal Policy And Penal Legislation In Recent American Experience, Franklin E. Zimring
Franklin E. Zimring
offers a look on the origins and careers of proposals for penal legislation in a time of radical change in the U.S. Descriptions of where penal policy is made in the U.S. governmental system; Information on issues of quality control in shaping, passing, implementing and reviewing penal legislation in recent U.S. experience; Role of penal legislation in changing penal practices in the past generation.
Against Foreign Law, Robert J. Delahunty, John Yoo
Against Foreign Law, Robert J. Delahunty, John Yoo
John C Yoo
The article looks at the practice of several U.S. Supreme Court justices who have considered the decisions of foreign and international courts for guidance in interpreting the U.S. constitution. This practice has occurred in several controversial, high profile cases. There are two main reasons to think that use of foreign or international decisions extends beyond mere ornamentation.
Firearms, Violence, And The Potential Impact Of Firearms Control, Franklin E. Zimring
Firearms, Violence, And The Potential Impact Of Firearms Control, Franklin E. Zimring
Franklin E. Zimring
Discusses the association of gun use with death rate from violent crime in the United States. Evaluation of the relevance of firearms control strategies in the reduction of death rate from violence; Potential of gun control as a life-saving tool; Benefit of the reduced use of guns in attacks.
Marshall's Plan: The Early Supreme Court And Statutory Interpretation, John Choon Yoo
Marshall's Plan: The Early Supreme Court And Statutory Interpretation, John Choon Yoo
John C Yoo
No abstract provided.
Preliminary Thoughts On Copyright Reform, Pamela Samuelson
Preliminary Thoughts On Copyright Reform, Pamela Samuelson
Pamela Samuelson
The article discusses the relevance of revising the U.S. Copyright Act of 1976. According to the author, the Copyright Act of 1976 has already undergone more than 20 amendments since it was ratified into law which compromises its regulations because of the diverse inter and intra industrial negotiations as well as increases controversial issues on law and policymaking. Moreover, the author stresses that revision of the legislation is necessary because it contains lapses and insufficient policies in addressing advanced technological innovations and digital applications. It also cites the codification development model of copyright law and the guidelines to consider in …
Pamela Samuelson's Letters To The Court: Concerns On The Proposed Google Book Settlement, Pamela Samuelson
Pamela Samuelson's Letters To The Court: Concerns On The Proposed Google Book Settlement, Pamela Samuelson
Pamela Samuelson
An essay is presented on letters from professor Pamela Samuelson to the court in the U.S. regarding concerns on copyright issues surrounding the proposed Google Book Settlement. In the April 2009 letter, Samuelson criticized a settlement agreement in a suit filed by the Association of American Publishers (AAP) to Google Inc. for copyright infringement on the Google Book Search. However, in the September 2009 letter, her concerns and thoughts on the future of copyright are emphasized.
A Manifesto Concerning The Legal Protection Of Computer Programs, Pamela Samuelson, Randall Davis, Mitchell D. Kapor, J. H. Reichman
A Manifesto Concerning The Legal Protection Of Computer Programs, Pamela Samuelson, Randall Davis, Mitchell D. Kapor, J. H. Reichman
Pamela Samuelson
No abstract provided.
Constitutionalism And The Extreme Poor: New-Dred Scott And The Contemporary "Discrete And Insular Minorities", John A. Powell
Constitutionalism And The Extreme Poor: New-Dred Scott And The Contemporary "Discrete And Insular Minorities", John A. Powell
john a. powell
This symposium issue addresses a range of questions concerning the Constitution and the poor. In this Essay, I will share some initial thoughts responsive to what has already been presented in this issue of the Drake Law Review and what was discussed during the symposium, and then I will turn to the question at hand and attempt to introduce a few new ideas into the discussion. First, I will address an issue raised by Mr. Shapiro. When I posed the question to him regarding which period, in his view, best represented an appropriate constitutional interpretation and understanding, he answered with …
Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt
Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt
john a. powell
The article describes an observation made by Justice Hugo Black in the case Connecticut General Life Insurance v. Johnson in 1937. According to Black, less than one-half of 1% of the cases reaching the U.S. Supreme Court under the Fourteenth Amendment had anything to do with blacks or freed slaves, while more than 50% of cases reaching the Court were about corporations. It recounts the early civil rights under the Fourteenth Amendment and the scholarly work on civil rights and corporate history before and after reconstruction.
Parents Involved: The Mantle Of Brown, The Shadow Of Plessy, John A. Powell, Stephen Menendian
Parents Involved: The Mantle Of Brown, The Shadow Of Plessy, John A. Powell, Stephen Menendian
john a. powell
The article explores the historical interpretations of the Fourteenth Amendment and the Supreme Court's ruling in the Parents Involved case. It argues that the Court's anticlassification principle is not supported by the central meaning and legacy of Brown. It states that the decision has changed the meaning of Brown via adopting formal equality as a normative constitutional principle. It adds that the court dismisses the harm of segregation and stresses the harm of racial classification.
Reflections On The Past, Looking To The Future: The Fair Housing Act At 40, John A. Powell
Reflections On The Past, Looking To The Future: The Fair Housing Act At 40, John A. Powell
john a. powell
A summary is presented of the Fair Housing Act that was introduced in the U.S. 40 years ago to address the housing challenges.
Free Speech Without Romance: Public Choice And The First Amendment, Daniel A. Farber
Free Speech Without Romance: Public Choice And The First Amendment, Daniel A. Farber
Daniel A Farber
Comments on the economics of the First Amendment doctrine of the U.S. Constitution. Background on basic economics of information and its bearing on First Amendment issues; Theory used to explain why some types of communication are at the core of First Amendment protection while others are at the periphery; Implications of the theory on the benefits of promoting self-expression as a societal value.
The Pariah Principle, Daniel A. Farber, Suzanna Sherry
The Pariah Principle, Daniel A. Farber, Suzanna Sherry
Daniel A Farber
Argues the decision in the homosexuality case of `Romer versus Evans' means that Colorado's Amendment Two is invalid regardless of the level of judicial scrutiny. Failure of the `Romer' court to invoke familiar doctrinal support; Government's ban on untouchable societal groups; Arguments for invalidating Amendment Two; Definition of the pariah principle.
Pollution Markets And Social Equity: Analyzing The Fairness Of Cap And Trade, Daniel A. Farber
Pollution Markets And Social Equity: Analyzing The Fairness Of Cap And Trade, Daniel A. Farber
Daniel A Farber
This Article considers three fairness issues relating to a cap-and-trade system: fairness to industry, fairness to communities disproportionately impacted by pollution, and fairness to low-income energy consumers. First, assuming any compensation of industry is warranted, free allowances would overcompensate firms for the cost of achieving emission reductions; industry should not receive effective ownership of the atmosphere at the public's expense. Second, environmental justice advocates argue that cap-and-trade systems generate pollution hot spots and encourage dirtier plants to continue operating to the detriment of certain disadvantaged communities. However, cap and trade has no intrinsic tendency to produce increased emissions in disadvantaged …
Access To The Corporate Proxy Machinery, Melvin Aron Eisenberg
Access To The Corporate Proxy Machinery, Melvin Aron Eisenberg
Melvin A. Eisenberg
Analyzes the direct authorities and general principles of corporate law concerning access to corporate proxy machinery in the U.S. Procedure for proxy solicitation; Discussion on access to the corporate proxy machinery in connection with the election of directors; Management access to the corporate proxy machinery with matters other than election to office.