Law Commons^™

A Response To The Sounds Of Silence, Andrew King-Ries

Faculty Law Review Articles

In his article, The Sound of Silence: Holding Batterers Accountable for Silencing Their Victims, Tom Lininger attempts to "facilitate the effective prosecution of domestic violence cases, particularly domestic homicide, while complying with the new requirements announced [for forfeiture by wrongdoing] by the Supreme Court in Giles [v. California]."' In doing so, Lininger tackles a wide array of topics, including analyzing the "theoretical underpinnings" of forfeiture by wrongdoing; explicating the Giles decision, criticizing Justice Scalia's originalist approach for its "selective historical research . . . conflation of evidentiary and constitutional forfeiture theories, and . . . vacillation between objective and subjective …

Why Resilience May Not Always Be A Good Thing: Lessons In Ecosystem Restoration From Glen Canyon And The Everglades, Sandra B. Zellmer, Lance Gunderson

Faculty Law Review Articles

No abstract provided.

Just What The Doctor Ordered: The Need For Cross-Cultural Education In Law School, Andrew King-Ries

Faculty Law Review Articles

This article urges law schools to follow their medical counterparts by incorporating cross-cultural education into their curricula.

Part II discusses the Grutter v. Bollinger decision and the Supreme Court's recognition of the benefits of diversity to legal education.

Part III highlights the changing demographics of the United States and how those demographics require immediate response from the legal academy.

Part IV considers the experience of medical education. This section begins by exploring a study of the medical profession conducted by the Institute of Medicine. The section then addresses medical schools' response to the Institute of Medicine report and the subsequent …

Arbitration, Bankruptcy And Public Policy: A Contractarian Analysis, Paul F. Kirgis

Faculty Law Review Articles

As arbitration agreements become more common, bankruptcy courts increasingly encounter arbitration agreements to which a bankruptcy debtor is a party. Bankruptcy judges must then determine whether to enforce an otherwise valid arbitration clause or to refuse enforcement and decide the underlying dispute themselves. To date, bankruptcy judges facing these issues have tended to see arbitrationa s a competing, quasi-judicialf orum. They typically refuse to enforce arbitration agreements when they find that bankruptcy policy would favor resolution in the bankruptcy proceeding instead of in some other adjudicative forum. Building on previous work, I contend in this article that arbitration is best …

Client Activism In Progressive Lawyering Theory, Eduardo R.C. Capulong

Faculty Law Review Articles

In this article the author argues that the aims, contexts, and methods of client activism are paramount in progressive lawyering theory, and as such precede and define the question of how progressives should lawyer. The author suggests precursory paradigms that 1) clarify the ultimate political goals to which activism is and should be directed; 2) analyze the social conditions shaping and defining grassroots activity; and 3) specify and systematize the myriad methods that can and should be used to further these ends. In critiquing prevailing theoretical formulations that relate to these considerations, the author argues that progressive lawyers need to …

Streamlining Nepa To Combat Global Climate Change: Heresy Or Necessity?, Irma S. Russell

Faculty Law Review Articles

This article discusses the impact of the National Environmental Policy Act (NEPA) on the development of noncarbon energy sources and raises the question of whether the NEPA process should be altered to bring clean power online faster. The article examines the ability of the market to respond to the call for rapid adaptation to climate change and for rapid development of noncarbon sources of energy, given the regulatory environment and existing regulatory treatment of NEPA processes. In addition, the article examines examples of current streamlining of the NEPA process in the energy arena. The author notes arguments for and against …

Preemption By Stealth, Sandra B. Zellmer

Faculty Law Review Articles

By making federal law supreme to state law, the U.S. Constitution gives Congress "an extraordinary power." Perhaps the extraordinarily powerful nature of the Supremacy Clause is the reason for its checkered treatment by the Supreme Court. Recent preemption decisions give lip service to federalism concerns, but in many cases state statutes, regulations, and remedies have been struck down with little regard for either federal-state comity or institutional competence. If federal regulatory regimes always accomplished optimal regulation perfect equipoise between protecting human health and promoting economic development while fostering innovation by governments and regulated entities-preemption of state law would be far …