Law Commons^™

Insuring Domestic Tranquility: Lopez, Federalization Of Crime, And The Forgotten Role Of The Domestic Violence Clause, Jay S. Bybee

Scholarly Works

Lost in the discussions of the federalization of crime is the one clause in the Constitution that actually links Congress, the states, and the problem of local crime: the Domestic Violence Clause.

Long ignored by courts, the Domestic Violence Clause recognizes the primacy of the states in addressing domestic violence within their borders. It imposes on the federal government a duty to protect states against domestic violence, but only when states request assistance. The Domestic Violence Clause plays the role of a Tenth Amendment for crime. It is a reaffirmation of the enumerated powers doctrine and a promise of federal …

Introduction: Adapting Old Rules For A New Paradigm, Thomas A. Eaton

Scholarly Works

This Symposium brings together prominent practitioners and academic commentators in the field of health law. They are the authors of leading casebooks, treatises, and articles, and they craft the agreements that make "managed care" a practical reality. Collectively these authors explore a variety of cutting edge legal issues as our health system moves from a "fee-for-service" paradigm to one of managed care. These articles address such issues as tort liability for negligent care, fraud and abuse, disclosure of economic incentives to control costs, and antitrust. These seemingly disparate topics are united by a common theme: the need to adapt legal …

Constitutional Torts, Common Law Torts, And Due Process Of Law, Michael L. Wells

Scholarly Works

Government officers may harm persons in many ways. When an official inflicts a physical injury, causes emotional distress, publishes defamatory statements, or initiates a malicious prosecution, the victim's traditional recourse is a tort suit brought under common law or statutory principles. But an alternative to ordinary tort may also be available. The growth of damage remedies for constitutional violations in the decades following Monroe v. Pape has encouraged litigants to frame their cases as breaches of the Constitution. These litigants may sue for damages under 42 U.S.C. § 1983 when the offender is a state employee, or assert the damages …

The Tragedy Of Hong Kong, Richard Klein

Scholarly Works

While the world watched the fireworks and celebrations occurring in Hong Kong on July 1, 1997, a far sadder event was, in fact, unfolding. The people of Hong Kong, most of whom had originally fled from China -- the country which was now taking over -- have simply never experienced the basic human right of self-determination. Rule was shifting from a colonial power which had denied the people of Hong Kong their basic human rights for virtually all of its 155-year administration, to a country which, immediately upon assuming sovereignty, made it clear that democracy would remain but a dream.

Violence Against Women And The Asylum Process, John Linarelli

Scholarly Works

Perhaps no area of public legislation generates as much controversy, or attracts as much rhetoric, as immigration. Immigration is perceived as the core of who we are as a nation. Legal norms governing the movement and migration of people across the borders of countries determine who is entitled to live in a country and ultimately who will control its resources. Immigration goes to the heart of sovereignty, particularly where sovereignty is popular, such as in consolidated democracies.' Asylum is a controversial issue within the immigration debate. This Article will interpret some of the recent developments in asylum law that are …

What's Wrong With Faculty-Student Sex? Response Ii, Dan Subotnik

Scholarly Works

No abstract provided.

Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky

Scholarly Works

No abstract provided.

The Implications Of The Constitution’S Religion Clauses On New York Family Law, Ilene Barshay

Scholarly Works

No abstract provided.

Power And The Morality Of Grading - A Case Study And A Few Critical Thoughts On Grade Normalization, Deborah Waire Post

Scholarly Works

No abstract provided.

Jewish Legal Theory And American Constitutional Theory: Some Comparisons And Contrasts, Samuel J. Levine

Scholarly Works

In this article, Levine explores some of the ways in which Jewish law may shed light on issues in American constitutional theory. While acknowledging that there are fundamental differences between a religious legal system and a secular one, he attempts to show that certain conceptual similarities between American law and Jewish law allow for meaningful yet cautious comparison of the two systems. Part I provides a broad historical and analytical overview of interpretation in Jewish law. Part II of the Article offers a specific conceptual framework for comparing Jewish law with American law. Levine considers questions of flexibility in legal …

Reflections On The Constitutional Scholarship Of Charles Black: A Look Back And A Look Forward, Samuel J. Levine

Scholarly Works

Charles L. Black Jr. has been one of the most important constitutional scholars in the United States for more than four decades. Professor Black's writings have helped shape the debate in a wide variety of constitutional areas, from racial equality and welfare rights to constitutional amendment, impeachment, and the death penalty. In this essay, Levine briefly surveys a number of Professor Black's articles, focusing on two areas of his scholarship: unnamed human rights and racial justice. By analyzing these two topics, which represent, respectively, Black's most recent scholarship and his most significant early work, Levine attempts to show certain principles …

Section 1983 Litigation, Martin A. Schwartz

Scholarly Works

No abstract provided.

Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein

Scholarly Works

No abstract provided.

Without Narrative: Child Sexual Abuse, Lynne Henderson

Scholarly Works

No abstract provided.

Suppressing Memory, Lynne Henderson

Scholarly Works

No abstract provided.

The Self-Graded Draft: Teaching Students To Revise Using Self-Critique, Mary Beth Beazley

Scholarly Works

In this article, Professor Beazley first explains why the predictability of legal documents, legal writers, and legal readers makes an objective method of self-critique particularly useful in legal writing. She then discusses how she designs self-grading guidelines and explains various methods for incorporating the self-grading process into a legal writing course. Finally, she addresses some of the challenges she faced when assigning the self-graded draft to students, and discusses ways to deal with these challenges. In appendixes, Professor Beazley included two samples of self-graded draft guidelines for use in a three-draft Memorandum Assignment, as well as a short illustration of …

Researching For Democracy And Democratizing Research, Fran Ansley

Scholarly Works

No abstract provided.

If Justice Is For All, Who Are Its Constituents?, Penny White

Scholarly Works

No abstract provided.

Classifying Race, Racializing Class, Fran Ansley

Scholarly Works

No abstract provided.