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Articles 1 - 26 of 26
Full-Text Articles in Law
Book Review - Climate Change: A Guide To Carbon Law And Practice, Rebekah K. Maxwell
Book Review - Climate Change: A Guide To Carbon Law And Practice, Rebekah K. Maxwell
Faculty Publications
No abstract provided.
Notes From A Climate Change Pressure-Cooker: Sub-Federal Attempts At Transformation Meet National Resistance In The Usa, Cinnamon P. Carlarne
Notes From A Climate Change Pressure-Cooker: Sub-Federal Attempts At Transformation Meet National Resistance In The Usa, Cinnamon P. Carlarne
Faculty Publications
No abstract provided.
The Availability And Viability Of Socioeconomic Integration Post-Parents Involved, Eboni S. Nelson
The Availability And Viability Of Socioeconomic Integration Post-Parents Involved, Eboni S. Nelson
Faculty Publications
No abstract provided.
The Uncertain Future Of School Desegregation And The Importance Of Goodwill, Good Sense, And A Misguided Decision, Derek W. Black
The Uncertain Future Of School Desegregation And The Importance Of Goodwill, Good Sense, And A Misguided Decision, Derek W. Black
Faculty Publications
The article was part of a symposium on the jurisprudence of Supreme Court Justice Sandra Day O’Connor. First, the article analyzed whether the Court’s decision in Parents Involved v. Seattle Schools was consistent with Justice O’Connor’s majority opinion in Grutter v. Bollinger. The article concludes that Parents Involved narrowly construed the holding in Grutter and limited its effect. Second, the article assessed the practical import of the decision in Parents Involved. It found that the opinion made voluntary desegregation more difficult than it otherwise would be and, thus, would discourage many school districts from taking progressive action. Unfortunately, the article …
The Practical Effects Of Delegation: Agencies And The Zoning Of Public Land And Seas, Josh Eagle
The Practical Effects Of Delegation: Agencies And The Zoning Of Public Land And Seas, Josh Eagle
Faculty Publications
No abstract provided.
Substantive Due Process Limits On Punitive Damage Awards: "Morals Without Technique"?, F. Patrick Hubbard
Substantive Due Process Limits On Punitive Damage Awards: "Morals Without Technique"?, F. Patrick Hubbard
Faculty Publications
In a series of cases decided over the last two decades, the Supreme Court has used the Due Process Clause to establish a procedural and substantive framework for awarding punitive damages. Initially, the substantive aspects of this framework were sufficiently clear and flexible that they required little change in the system and probably generated a helpful level of debate and uniformity as to some basic requirements for awards. However, in BMW of North America, Inc. v. Gore, the Court adopted an approach characterized by a lack of clarity and consistency, an inadequate basis in theory and policy, and ad hoc …
Design Defects, David G. Owen
Gone But Not Forgotten: The Strange Afterlife Of The Jay Treaty's Indian Free Passage Right, Marcia A. Yablon-Zug
Gone But Not Forgotten: The Strange Afterlife Of The Jay Treaty's Indian Free Passage Right, Marcia A. Yablon-Zug
Faculty Publications
No abstract provided.
Overcoming Necessity: Torture And The State Of Constitutional Culture, Thomas P. Crocker
Overcoming Necessity: Torture And The State Of Constitutional Culture, Thomas P. Crocker
Faculty Publications
No abstract provided.
Book Review - The Science Of Settlement: Ideas For Negotiators, Rebekah K. Maxwell
Book Review - The Science Of Settlement: Ideas For Negotiators, Rebekah K. Maxwell
Faculty Publications
No abstract provided.
Torture, With Apologies, Thomas P. Crocker
Mutual Fund Advisory Fees: New Evidence And A Fair Fiduciary Duty Test, John P. Freeman, Stewart Brown, Steve Pomerantz
Mutual Fund Advisory Fees: New Evidence And A Fair Fiduciary Duty Test, John P. Freeman, Stewart Brown, Steve Pomerantz
Faculty Publications
No abstract provided.
"Manifest" Destiny?: How Some Courts Have Fallaciously Come To Require A Greater Showing Of Congressional Intent For Jurisdictional Exhaustion Than They Require For Preemption, Colin Miller
Faculty Publications
No abstract provided.
Even Better Than The Real Thing: How Courts Have Been Anything But Liberal In Finding Genuine Questions Raised As To The Authenticity Of Originals Under Rule 1003, Colin Miller
Faculty Publications
No abstract provided.
The Mysteriously Reappearing Cause Of Action: The Court’S Expanded Concept Of Intentional Gender And Race Discrimination In Federally Funded Programs, Derek W. Black
Faculty Publications
This Article addresses whether a cause of action exists under federal statutes to challenge gender and racial inequity in federally funded programs. The question has widespread ramifications because Congress appropriates funds to millions of programs that are subject to these statutes. The Court has held that the only cause of action that exists under these statutes is for intentional discrimination, but in a series of recent cases the Court has developed a framework that broadens the concept of intentional discrimination. Unfortunately, lower courts have focused on older and narrower interpretations of intentional discrimination without accounting for the more complex nuances …
Ocean Zoning And Spatial Access Privileges: Rewriting The Tragedy Of The Regulated Ocean, Josh Eagle, James N. Sanchirico, Barton H. Thompson Jr.
Ocean Zoning And Spatial Access Privileges: Rewriting The Tragedy Of The Regulated Ocean, Josh Eagle, James N. Sanchirico, Barton H. Thompson Jr.
Faculty Publications
No abstract provided.
Ordeal By Innocence: Why There Should Be A Wrongful Incarceration/Execution Exception To Attorney-Client Confidentiality, Colin Miller
Ordeal By Innocence: Why There Should Be A Wrongful Incarceration/Execution Exception To Attorney-Client Confidentiality, Colin Miller
Faculty Publications
No abstract provided.
Turning Stones Of Hope Into Boulders Of Resistance: The First And Last Task Of Social Justice Curriculum, Scholarship, And Practice, Derek W. Black
Turning Stones Of Hope Into Boulders Of Resistance: The First And Last Task Of Social Justice Curriculum, Scholarship, And Practice, Derek W. Black
Faculty Publications
The most important and intangible aspect of teaching and practicing social justice law is retaining the hope that our efforts can translate into progressive results. At times, professors’ approaches to the subject of social justice tend toward pessimism that can have unintended negative effects on students. Thus, this Article calls on social justice professors to explicitly teach hope and, moreover, to produce practical scholarship on pressing legal issues that will help students keep hope once they leave school. This Article begins by exploring the theme of hope in John O. Calmore’s scholarship and how it interrelates with his project of …
Framework For The Next Civil Rights Act: What Tort Concepts Reveal About Goals, Results, And Standards, Derek W. Black
Framework For The Next Civil Rights Act: What Tort Concepts Reveal About Goals, Results, And Standards, Derek W. Black
Faculty Publications
This article anticipates that the next president and the current Congress will likely pursue civil rights legislation for the first time since 1991. Their most significant and difficult task will be determining whether to retain the Supreme Court’s intentional discrimination standard. Because this issue has so often led to polemic debates and court decisions in the past, this article attempts to provide a neutral framework for that discussion. Relying on tort concepts and their longstanding connection to constitutional torts, it demonstrates that the attempt to create a standard to prohibit immoral or “wrongful” conduct is both misguided and will prove …
Children, Kin And Court: Designing Third Party Custody Policy To Protect Children, Third Parties And Parents, Josh Gupta-Kagan
Children, Kin And Court: Designing Third Party Custody Policy To Protect Children, Third Parties And Parents, Josh Gupta-Kagan
Faculty Publications
No abstract provided.
Clarity And The Federal Rules Of Civil Procedure: A Lesson From The Style Project, Lisa A. Eichhorn
Clarity And The Federal Rules Of Civil Procedure: A Lesson From The Style Project, Lisa A. Eichhorn
Faculty Publications
No abstract provided.
When Do Facts Persuade? Some Thoughts On The Market For “Empirical Legal Studies”, Elizabeth Chambliss
When Do Facts Persuade? Some Thoughts On The Market For “Empirical Legal Studies”, Elizabeth Chambliss
Faculty Publications
No abstract provided.
Educating At The Crossroads: Parents Involved, No Child Left Behind And School Choice, Danielle R. Holley-Walker
Educating At The Crossroads: Parents Involved, No Child Left Behind And School Choice, Danielle R. Holley-Walker
Faculty Publications
No abstract provided.
Unintended Consequences: Why Congress Should Tread Lightly When Entering The Field Of Family Law, Elizabeth G. Patterson
Unintended Consequences: Why Congress Should Tread Lightly When Entering The Field Of Family Law, Elizabeth G. Patterson
Faculty Publications
No abstract provided.
Lessons Learned: Transferring The European Union's Experiences With Energy Efficiency Policy To China, Shelley Welton
Lessons Learned: Transferring The European Union's Experiences With Energy Efficiency Policy To China, Shelley Welton
Faculty Publications
No abstract provided.
From The States Up: Building A National Renewable Energy Policy, Shelley Welton
From The States Up: Building A National Renewable Energy Policy, Shelley Welton
Faculty Publications
No abstract provided.