Law Commons^™

Terrorism, Technology, And Information Privacy: Finding The Balance, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Book Review. Cases, Materials And Texts On Unjustified Enrichment, Ralph F. Gaebler

Articles by Maurer Faculty

No abstract provided.

A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig

Articles by Maurer Faculty

No abstract provided.

Beyond Imminence: Evolving International Law And Battered Women's Right To Self-Defense, Shana Wallace

Articles by Maurer Faculty

No abstract provided.

Teaching In A Larger Social Context: Using Simulations To Demonstrate Socioeconomic Principles And Relevance To Law, Kenneth G. Dau-Schmidt, Jeffrey E. Stake

Articles by Maurer Faculty

A single action of an individual is highly influenced not only by personal interests and desires, but also by a complex network of social influences. Because of this vast outside social pressure within society, the legal ramifications of individual action must also be studied in a multidimensional way to incorporate these social values. One effective means to do so is to begin linking the socioeconomic paradigm into traditional legal study through the use of teaching simulations. This article brings forth a new method involving hand-on simulations and outlines its necessity within the legal sphere. Through these simulations, students are able …

Employment Protection For Domestic Violence Victims, Deborah A. Widiss, Wendy R. Weiser

Articles by Maurer Faculty

No abstract provided.

In Defense Of Deference, Luis Fuentes-Rohwer, Guy-Uriel E. Charles

Articles by Maurer Faculty

No abstract provided.

Forum Selection In International Contract Litigation: The Role Of Judicial Discretion, Hannah Buxbaum

Articles by Maurer Faculty

The United States is currently involved in negotiation of the Hague Convention on Exclusive Choice of Court Agreements, which would regulate the enforceability of forum-selection clauses in international contracts. That project - as well as the recent focus in globalization literature on more active judicial management of forum selection - draws attention to one unusual aspect of U.S. jurisdictional law: that dismissal on the basis of forum non conveniens is available even in cases arising out of contracts including negotiated forum selection clauses. This article examines the resulting tension between the right of contract parties to select a forum in …

Rebuilding The Closet: Bowers V. Hardwick, Lawrence V. Texas, And The Mismeasure Of Homosexual Historiography, Jody L. Madeira

Articles by Maurer Faculty

In an effort to engage in such specification, this paper will first address the mischaracterization of history in Bowers, which portrays the historic legal and ecclesiastical penalties of what the Court labels as "homosexual activities" as a continuous, unitary narrative extending from the halls of the Emperors Theodosius and Justinian to the legislative assembly rooms of Georgia and Texas. This illusory perspective portrays the criminalization of sodomy (and therefore the identity of homosexuality itself) as an impossible cultural continuum. The impossibility of this continuum lies not only in its implicit assumption that states and other lawmaking entities throughout history shared …

India's "Patriot Act": Pota And The Impact On Civil Liberties In The World's Largest Democracy, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.

Federalism And The Federal Criminal Law, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

The Hypothetical Opinion In Grutter V. Bollinger From The Perspective Of The Road Not Taken In Brown V. Board Of Education, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

The Racial Gap In Ability: From The Fifteenth Century To Grutter And Gratz, Kevin D. Brown

Articles by Maurer Faculty

Justice O'Connor’s opinion for the United States Supreme Court in Grutter v. Bollinger upheld the University of Michigan Law School’s affirmative action plan. Beneficiaries of affirmative action clearly meet the necessary qualifications for admissions to selective colleges, universities, and graduate programs. But, the justifications for affirmative action articulated by Justice O'Connor implicitly recognized that underrepresented minorities with a history of discrimination are not as academically qualified as their non-Hispanic white (and Asian counterparts). Their inclusion in affirmative action plans is based on the belief that they provide enough educational and non-educational benefits to offset their academic shortcomings.

There are measurable …

High Velocity Labor Economics: A Review Essay Of Working In Silicon Valley: Economic And Legal Analysis Of A High-Velocity Labor Market, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

Civility In Litigation: How Can The Profession Promote And Enforce Good Behavior?, Aviva A. Orenstein, Torrence Lewis

Articles by Maurer Faculty

This essay emanates from a talk that was given to the Defense Trial Counsel of Indiana at its annual meeting’s luncheon. The good thing about talking about civility, particularly at lunch, is that no one dare heckle or throw food. Beyond the obvious constraints against rude behavior inherent in the medium, we sense a genuine openness to the topic. Defense counsel, in particular, feel besieged by what they perceive to be uncivil behavior, and welcome affirmation about the nature of the problem and some suggestions for solutions. More generally, one can argue that the lack of civility in legal culture …

After Grutter V. Bollinger-- Revisiting The Desegregation Era From The Perspective Of The Post-Desegregation Era, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Managing Biological Integrity, Diversity, And Environmental Health In The National Wildlife Refuges: An Introduction To The Symposium, Robert L. Fischman, Vicky J. Meretsky

Articles by Maurer Faculty

No abstract provided.

The Property "Instinct", Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.

Predictions And Prescriptions For The Endangered Species Act, Robert L. Fischman

Articles by Maurer Faculty

The thirtieth anniversary of the enactment of the modern Endangered Species Act (ESA) offers an irresistible excuse to suggest changes that are needed to set the statute, and the larger project of environmental protection, on course for greater effectiveness. The 1973 ESA is novel in its approach and reach, in that it reflects both the resource management and pollution control traditions in environmental law. Its evolution indicates broader trends in the legal landscape of environmental law.

Making predictions about the future of the ESA is a daunting task. Most predictions made thirty years ago about the statute proved to be …

The Meanings Of Biological Integrity, Diversity, And Environmental Health, Robert L. Fischman

Articles by Maurer Faculty

This article extracts from the legislative mandate to "ensure that the biological integrity, diversity, and environmental health of the [Refuge] System are maintained," a range of meanings that reflect scientific and legislative trends in conservation. The standard modes of statutory interpretation yield meanings that largely support the 2001 Fish and Wildlife Service policy delineating three distinct yet overlapping categories. The analysis reveals three insights applicable to other areas of environmental law. First, although diversity and health emphasize important aspects of nature protection, integrity is becoming the umbrella concept that encompasses the needs of well functioning landscapes. Second, the effectiveness of …

A Principled Approach To The Quest For Racial Diversity On The Judiciary, Luis Fuentes-Rohwer, Kevin R. Johnson

Articles by Maurer Faculty

As has been the case with respect to many political and social institutions in American society, diversity has been demanded, and at times pursued, in the nomination and appointment of state and federal judges. Nonetheless, commentators have long lamented the lack of diversity among judges in the United States.

U.S. Supreme Court appointments epitomize the glaring lack of diversity on the federal judiciary. Not until 1967 did President Lyndon Baines Johnson appoint the first African American Justice, Thurgood Marshall, to the Court. Since then, a more diverse group of judges has served on the state and federal courts than throughout …

Of Platonic Guardians, Trust, And Equality: A Comment On Hasen's Minimalist Approach To The Law Of Elections, Luis Fuentes-Rohwer

Articles by Maurer Faculty

No abstract provided.

Contemplating Failure And Creating Alternatives In The Balkans: Bosnia's Peoples, Democracy And The Shape Of Self-Determination, Timothy W. Waters

Articles by Maurer Faculty

A decade after Dayton, Bosnia is a fictive, failed state held together by outsiders' weapons and outsiders' will. All parties recognize that Bosnia's current constitutional dispensation is dysfunctional and are calling for change, but how should the international community respond? In deciding, we should recognize that we may owe Bosnians much, but we owe Bosnia nothing.

This Article argues that traditional self-determination doctrine is unable to justify either further claims for secession from Bosnia or Bosnia's own original secession. It examines the processes used by the international community to frame the dissolution of Yugoslavia and the recognition process for Bosnia, …

Jurisdictional Conflict In Global Antitrust Enforcement, Hannah Buxbaum

Articles by Maurer Faculty

No abstract provided.

O Say, Can You See: Free Expression By The Light Of Fiery Crosses, Jeannine Bell

Articles by Maurer Faculty

This Article presents a comprehensive, context-based theory which both places cross burning in its proper doctrinal framework and recognizes the history of cross burning as one of Ku Klux Klan-inspired terrorism directed at African Americans. The author prefaces critical commentary on the Supreme Court's decision in Virginia v. Black with analysis of the full landscape of cross burning cases including another issue to which others have paid little attention - the ways in which state courts have negotiated First Amendment challenges to cross burning statutes. Thoroughly examining cross burning from each of these perspectives, the Article argues that cross burning …

The Lsat, Law School Exams And Meritocracy: The Surprising And Undertheorized Role Of Test-Taking Speed, William D. Henderson

Articles by Maurer Faculty

Within the field of psychometrics, it is widely acknowledged that test-taking speed and reasoning ability are separate abilities with little or no correlation to each other. The LSAT is a univariate test designed to measure reasoning ability; test-taking speed is assumed to be an ancillary variable with a negligible effect on candidate scores. This Article explores the possibility that test-taking speed is variable common to both the LSAT and actual law school exams. This commonality is important because it may serve to increase the predictive validity of the LSAT. The author obtained data from a national and a regional law …

A Constructed Peace: Narratives Of Suture In The News Media, Jody L. Madeira

Articles by Maurer Faculty

In the aftermath of violent crime, survivors are confronted by questions of comprehension, healing, normalcy, accountability, and restoration. These same issues are communicated to audiences via mass media coverage of the crime and ensuing legal proceedings that focuses upon survivors while they are in the public eye - and while those suspected of the crime are in the defendant's chair. Such stories bring a human face to the innocents most affected by the outcome of the proceedings, relaying their involvement in and response to legal developments from arrest to execution. This paper examines these chronicles through the lens of narrative …

Cracks In The Foundation: The New Internet Legislation's Hidden Threat To Privacy And Commerce, Joshua Fairfield

Articles by Maurer Faculty

Scholarship to date has focused on the legal significance of the novelty of the Internet. This scholarship does not describe or predict actual Internet legislation. Instead of asking whether the Internet is so new as to merit new law, legislators and academics should re-evaluate the role of government in orchestrating collective action and change the relative weight of enforcement, deterrence, and incentives in Internet regulations.

A perfect example of the need for this new approach is the recent CANSPAM Act of 2003, which was intended to protect personal privacy and legitimate businesses. However, the law threatens both of these interests, …

Equilibrium In A Technology-Specific Patent System, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

Minimum Contacts, No Dog: Evaluating Personal Jurisdiction For Nonparty Discovery, Ryan W. Scott

Articles by Maurer Faculty

No abstract provided.