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2016

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Institution
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Articles 5971 - 5986 of 5986

Full-Text Articles in Law

Conviction By Prior Impeachment, Anna Roberts Jan 2016

Conviction By Prior Impeachment, Anna Roberts

Faculty Articles

Impeaching the testimony of criminal defendants through the use of their prior convictions is a practice that is triply flawed. (1) it relies on assumptions belied by data; (2) it has devastating impacts on individual trials; and (3) it contributes to many of the criminal justice system's most urgent dysfunctions. Yet critiques of the practice are often paired with resignation. Abolition is thought too ambitious because this practice is widespread, long-standing, and beloved by prosecutors. Widespread does not mean universal, however, and a careful focus on the states that have abolished this practice reveals arguments that overcame prosecutorial resistance and …

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Religious Employers And Labor Law: Bargaining In Good Faith, Charlotte Garden Jan 2016

Religious Employers And Labor Law: Bargaining In Good Faith, Charlotte Garden

Faculty Articles

This Article explores an important question that follows in the wake of last Term’s decision in Hobby Lobby v. Burwell: When employee rights under the National Labor Relations Act (NLRA) and employer religious commitments conflict, which will have priority? This is a surprisingly difficult question to which multiple statutory regimes arguably apply. First, there is the NLRA itself. The NLRA does not exempt religious employers on its face, but the Supreme Court nonetheless construed it to exclude certain religious employers in NLRB v. Catholic Bishop. Catholic Bishop is remarkable: as an exercise of constitutional avoidance the Court adopted an implausible …

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The Environmental Justice Implications Of Biofuels, Carmen Gonzalez Jan 2016

The Environmental Justice Implications Of Biofuels, Carmen Gonzalez

Faculty Articles

Analyses of the viability of biofuels as alternatives to fossil fuels have often adopted a technocratic approach that focuses on environmental consequences, but places less emphasis on the impact that biofuels may have on vulnerable populations. This Article fills the gap in the existing literature by evaluating biofuels through the lens of environmental justice – including climate justice and food justice. The Article examines the impact of biofuels on the global food system and on the planet’s most food-insecure populations. It concludes that the laws and policies promoting the cultivation of biofuels have contributed to global malnourishment by raising food …

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Work Drive Matters: An Assessment Of The Relationship Between Law Students’ Work-Related Preferences And Academic Performance, Jeffrey Minneti Jan 2016

Work Drive Matters: An Assessment Of The Relationship Between Law Students’ Work-Related Preferences And Academic Performance, Jeffrey Minneti

Faculty Articles

This article explores the dimensions of law students' schoolwork-related preferences and discusses an empirical assessment of those preferences. The assessment revealed two findings: (1) a positive correlation between students' schoolwork-related preferences and their first-year law school cumulative grade point average (LGPA); and (2) students' schoolwork-related preferences significantly enhanced the predictive power of the traditional law school success predictors, law students' LSAT performance and their undergraduate cumulative grade point average (UGPA). During spring 2014, 215 law students responded to a survey that included questions from the Multidimensional Work Ethic Profile (MWEP) and Work Drive Inventory. Analysis of the responses indicated that …

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China's Bilateral Investment Treaties With African States In Comparative Context, Won Kidane Jan 2016

China's Bilateral Investment Treaties With African States In Comparative Context, Won Kidane

Faculty Articles

In the last decade, China has made significant investments all over Africa. The principal legal instruments designed to protect Chinese investment in Africa are Bilateral Investment Treaties (BITs). Traditionally, BITs were largely designed to protect Northern investment in the South. This article evaluates their adaptability to South-South relations through a comparative study of China-Africa BITs in light of China’s BITs with the North, principally the recently ratified China-Canada BIT.

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The Colors Of Cannabis: Race And Marijuana, Steven Bender Jan 2016

The Colors Of Cannabis: Race And Marijuana, Steven Bender

Faculty Articles

No abstract provided.

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Cross-Cultural Challenges, Consensus, And Opportunities For Advancing The Professional Ethical Integrity Of Legal System Actors, Rory Little Jan 2016

Cross-Cultural Challenges, Consensus, And Opportunities For Advancing The Professional Ethical Integrity Of Legal System Actors, Rory Little

Faculty Scholarship

No abstract provided.

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Bridging Rule Of Law Theory And Implementation: The Role Of Professional Ethical Integrity,, Kate Bloch Jan 2016

Bridging Rule Of Law Theory And Implementation: The Role Of Professional Ethical Integrity,, Kate Bloch

Faculty Scholarship

No abstract provided.

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The Rule Of Law And Ethical Integrity: Does Haiti Need A Code Of Legal Ethics?, Kate Bloch, Roxanne Edmond-Dimanche Jan 2016

The Rule Of Law And Ethical Integrity: Does Haiti Need A Code Of Legal Ethics?, Kate Bloch, Roxanne Edmond-Dimanche

Faculty Scholarship

No abstract provided.

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Legal Indeterminacy In Insanity Cases: Clarifying Wrongfulness And Applying A Triadic Approach To Forensic Evaluations, Kate Bloch, Jeffery Gould Jan 2016

Legal Indeterminacy In Insanity Cases: Clarifying Wrongfulness And Applying A Triadic Approach To Forensic Evaluations, Kate Bloch, Jeffery Gould

Faculty Scholarship

No abstract provided.

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Tools For Change: Boosting The Retention Of Women In The Stem Pipeline, Joan C. Williams, Katherine W. Phillips, Erika V. Hall Jan 2016

Tools For Change: Boosting The Retention Of Women In The Stem Pipeline, Joan C. Williams, Katherine W. Phillips, Erika V. Hall

Faculty Scholarship

This study details how gender bias plays out in everyday workplace interactions in science, technology, engineering, and math (STEM). It is based on in-depth interviews with 60 women scientists of color (chiefly professors), and a survey of 557 women scientists (of all races). Different types of gender bias were reported at different rates. Prescriptive gender bias was most common (76.3% of women interviewed reported it), followed by descriptive gender bias (66.7%) and gender bias triggered by motherhood (64.0%); just over half of the women interviewed (55.3%) reported situations in which gender bias against women fueled conflicts among women. The survey …

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Protecting The Watchdog: Using The Freedom Of Information Act To Preference The Press, Erin C. Carroll Jan 2016

Protecting The Watchdog: Using The Freedom Of Information Act To Preference The Press, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

The fourth estate is undergoing dramatic changes. Many newspaper reporters, already surrounded by a growing number of empty desks, are shifting their focus away from costly investigative reporting and towards amassing Twitter followers and writing the perfect “share line.” Newspapers’ budgets can no longer robustly support accountability journalism and pitching fights against the government. And so, while this busier and noisier media environment may have a desirable democratizing effect—more of us are able to participate in analyzing, debating, and perhaps even making the news—it has not succeeded in filling a role that print journalists have traditionally played well—keeping watch on …

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Building Labor's Constitution, Kate Andrias Jan 2016

Building Labor's Constitution, Kate Andrias

Faculty Scholarship

This essay begins with a puzzle: scholars have built a robust set of constitutional claims about labor rights, claims with deep roots in the labor movement’s own past struggles and its own traditions of constitutional claim-making. Yet, workers’ movements today have made no use of these claims, Andrias reports. The reason, she suggests, has to do with the deep mutual hostility between workers’ movements and the courts. If past were prologue, workers could at least use such arguments outside the courts, but, she argues, “in our [contemporary] legal culture, constitutional arguments are primarily judicial arguments,” and have a way of …

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Is There Really A Sex Bureaucracy?, Suzanne B. Goldberg Jan 2016

Is There Really A Sex Bureaucracy?, Suzanne B. Goldberg

Faculty Scholarship

This essay identifies several features of the higher-education context that can enrich The Sex Bureaucracy‘s account of why colleges and universities have adopted new policies and trainings to address sexual assault on their campuses. These features include: 1) schools’ preexisting systems for addressing student conduct; 2) the shared interest of schools in reducing impediments to education, including nonconsensual sexual contact; and 3) the pedagogical challenges of developing trainings that are engaging and effective. Taking these three factors into account, we can see that while federal Title IX intervention has had a profound effect, it is also important not to …

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Regulatory Coherence And Standardization In The Trans-Pacific Partnership, Phoenix X.F. Cai Jan 2016

Regulatory Coherence And Standardization In The Trans-Pacific Partnership, Phoenix X.F. Cai

Sturm College of Law: Faculty Scholarship

This article posits a new taxonomy and framework for assessing regulatory coherence in the new generation of mega-regional, cross-cutting free trade agreements. Using the Trans-Pacific Partnership as the primary example, this article situates the rise of regulatory coherence within the current trade landscape, provides clear definitions of regulatory coherence, and argues that the real engine of regulatory coherence lies in the work of international standard setting organizations. This work has been little examined in the current literature. The article provides a detailed examination of the mechanics by which the Trans-Pacific Partnership promotes regulatory standardization and concludes with some normative implications …

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Keynote: Encouraging This Particular Form Of (Very Fun) Madness - Roles For Deans & Faculty Members, Martin J. Katz, Phoenix X.F. Cai Jan 2016

Keynote: Encouraging This Particular Form Of (Very Fun) Madness - Roles For Deans & Faculty Members, Martin J. Katz, Phoenix X.F. Cai

Sturm College of Law: Faculty Scholarship

This keynote address discusses the ways in which faculty and administrators can facilitate experiential learning in transactions classes.

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