Law Commons^™

Long Live The Lie Bill!, Lucila I. Van Dam

University of Michigan Journal of Law Reform

What successful defamation plaintiffs typically desire and doctrinally deserve is to have their reputations restored. Presently, however, a plaintiff who has established that she was defamed by the defendant is entitled only to an award of damages, which does nothing to restore reputation. This Note proposes that in addition to a damages award, courts-- if they are to take seriously their obligation to compensate the plaintiff-- should order the defendant to retract the defamatory statement. Contrary to the prevailing view, this Note argues that the proposed retraction order does not jeopardize the First Amendment guarantee of free expression.

Addressing Segregation In The Brown Collar Workplace: Toward A Solution For The Inexorable 100%, Leticia M. Saucedo

University of Michigan Journal of Law Reform

Despite public perception to the contrary, segregated workplaces exist in greater number today than ever before, largely because of the influx of newly arrived immigrant workers to low-wage industries throughout the country. Yet existing antidiscrimination frameworks no longer operate adequately to rid workplaces of the segregation that results from targeting immigrant workers. This Article suggests a new anti-discrimination framework to address workplace segregation. The Article reviews how litigants have attempted to rid the workplace of conditions resulting from segregated departments through existing anti-discrimination frameworks. It then suggests a simple, yet powerful, shift in the inferences that can be drawn from …

Milberg’S Monopoly: Restoring Honesty And Competition To The Plaintiffs’ Bar, James P. Mcdonald

Duke Law Journal

When the renowned plaintiffs' firm Milberg Weiss was indicted in 2006 for paying kickbacks to clients, most commentators saw the scandal as the product of five dishonest lawyers. This Note argues that the causes were more complex than the moral shortcomings of a few attorneys; rather, the kickbacks were but one symptom of a deeply flawed system for selecting lead counsel in securities class action lawsuits. Although the Private Securities Litigation Reform Act of 1995 attempted to curb abusive behavior by the plaintiffs' bar, its focus on reforming plaintiff behavior meant that attorneys were left relatively free to continue using …

Hard Ball, Soft Law In Mlb: Who Died And Made Wada The Boss?, George T. Stiefel Iii

Buffalo Law Review

No abstract provided.

Pro Bono Collaborative E-Newsletter (No. 2) (December 2008), Roger Williams University School Of Law

Pro Bono Collaborative Newsletter

No abstract provided.

German Equal Protection: Substantive Review Of Economic Measures, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant , John D. King

American University Law Review

This Article explores the tension between autonomy and paternalism that characterizes the attorney-client relationship when a criminal defense attorney represents a mentally impaired client. Specifically, the Article analyzes the ethical frameworks that constrain the discretion of the attorney in this situation and proposes a new paradigm for ethical decisionmaking when an attorney represents a marginally competent client.

The criminal defense attorney is both a zealous advocate for her client and an officer of the legal system. In representing a marginally competent client, the initial ethical dilemma facing the attorney is whether she has an obligation to alert the court to …

Book Review: Stephen Hopgood, 'Keepers Of The Flame: Understanding Amnesty International', Kenneth Anderson

Book Reviews

American University, WCL Research Paper No. 2008-66Abstract:This brief review (1100 words) examines Stephen Hopgood's half journalism-half anthropological journey inside the world of Amnesty International. The book is an outstanding piece of both reportage and analysis, and the review discusses the various pressures, political and ideological and social, on AI and those that work in its International Secretariat. As the review notes, AI is more like a religious order than anything else, and that observation has ramifications for the NGO world beyond AI.

National Security Vs. Whales: The Navy And The Natural Resources Defense Counsel Battle Their Way To The Supreme Court, Alicia Schaffner

Sea Grant Law Fellow Publications

T

Indigenous Peoples And Gene Disputes, Debra Harry

Chicago-Kent Law Review

Wary from decades exploitation in the name of science, Indigenous peoples typically approach externally-generated research with caution, and for good reason. Indigenous peoples have been on the receiving end of research carried out in insensitive, and sometimes, harmful ways. Research has historically been a top-down, outside-in process, with Indigenous peoples serving merely as research subjects, with little opportunity for meaningful participation or benefit from the outcomes of the research. Over the past two decades, with the advent of the Human Genome Project and other genetic research projects, there has been a corresponding increase in genetic research projects that put Indigenous …

Pareto Versus Welfare, Robert C. Hockett

Cornell Law Faculty Publications

Many normatively oriented economists, legal academics and other policy analysts appear to be "welfarist" and Paretian to at least moderate degree: They deem positive responsiveness to individual preferences, and satisfaction of one or more of the familiar Pareto criteria, to be reasonably undemanding and desirable attributes of any social welfare function (SWF) employed to formulate social evaluations. Some theorists and analysts go further than moderate welfarism or Paretianism, however: They argue that "the Pareto principle" requires the SWF be responsive to individual preferences alone - a position I label "strict" welfarism - and conclude that all social evaluation should in …

No.9 - December 2008, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

The Pluralistic Universe Of Law Towards A Neo-Classical Legal Pragmatism, Susan Haack

Articles

After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo-classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the "pluralistic universe" of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of law and morality (section 5).

A Higher Hurdle: Barriers To Employment For Formerly Incarcerated Women, Marci Seville

Women’s Employment Rights Clinic

This report finds that a criminal record tends to serve as a barrier to employment for women. These realities can potentially impact their ability to successfully reenter their home communities, reunite with and care for their children, and act as viable participants in society. A criminal record adds an additional hurdle to employment for women and increases their vulnerability to discrimination. Research from this study may impact legislation and policies addressing education and professional training, processes to seal and expunge records, employment disparities, employer discrimination, and increased use of unnecessary or inappropriate background screening techniques.

Dispelling Grammar Myths: 'To Split' Or 'Not To Split' The Infinitive, Rebecca K. Blemberg

Faculty Publications

No abstract provided.

L'Associazione In Partecipazione (O "Società Silente") Nel Diritto Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Il Caso "My Way" E Il Contratto Aleatorio Unilaterale, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Circolazione Dei Prodotti Finanziari E Offerta Al Pubblico Nell'art. 100 Bis Tuf, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Self-Incrimination Doctrine Is Dead; Long Live Self-Incrimination Doctrine: Confessions, Scientific Evidence, And The Anxieties Of The Liberal State, Kenworthey Bilz

Kenworthey Bilz

Confessions have historically been the most compelling evidence the state could offer at a criminal trial. However, improvements in forensic technologies have led to increased use of scientific evidence, such as DNA typing, pattern-recognition software, location tracking devices, and the like, with very impressive rates of reliability. The reliability of these methods has become so impressive, in fact, that it should lead to a reduced reliance on confessions (and other nonscientific evidence, such as eyewitness identifications) in criminal prosecutions. However, this does not mean that the doctrine of self-incrimination, which regulates the acquisition and use of confessions, will no longer …

Las Nuevas Alternativas Societarias En La Legislación Extranjera, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

La Intervención Administrativa Del Estado En La Actividad De Comercio Interior, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

The Analysis Of Market Dominance And Restrictive Practices Under German Antitrust Law In Light Of Ec Antitrust Law, Anca Daniela Chirita

Anca Daniela Chirita

This article analyses key features of the German Act Against Restraints of Competition (section 19), including the more severe provisions of section 20, and aims to discuss the economic freedom of competition approach to the abuse of a dominant market position. Furthermore, the article details with specific examples of abuse in cases heard by the Federal Cartel Office, with particular focus upon predatory pricing, cross-subsidisation, rebates, exclusive contracts, tying and bundling, refusal abuses, hindrance and abuse of economic dependence. Emphasis is placed upon differences in the implementation of antitrust law and upon answering the question of whether more severe rules …

¿Es Posible La Celebración De Un Contrato De Arrendamiento Entre Copropietarios Sobre Un Bien Indiviso? A Propósito De La “Facultad” De La Corte Suprema De Hacer Realidad Los Imposibles Jurídicos, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.

Los Recursos Impugnatorios Y El Amparo Contra Resoluciones Judiciales En Perú: Un Análisis Funcional, Óscar Sumar

Oscar Súmar

No abstract provided.

Análise Crítica Do Julgamento Por Atacado No Superior Tribunal De Justiça (Lei Nº 11.672/08 Sobre Recursos Especiais Repetitivos), Nelson Rodrigues Netto

Nelson Rodrigues Netto

This study aims at analyzing the law enforcement system for dispute resolution involving multiple and repeated special appeals before the Superior Court of Justice.

O presente estudo tem por objetivo analisar o sistema legal de solução de conflitos envolvendo múltiplos recursos especiais repetidos perante o Superior Tribunal de Justiça.

Comparative Advantages Of The Supreme People’S Court Judgement(最高人民法院判决的比较优势), Meng Hou

Hou Meng

No abstract provided.

The Original Understanding Of The Political Status Of Indian Tribes, Matthew L.M. Fletcher

Matthew L.M. Fletcher

This Article will demonstrate that virtually all elements of Indian affairs can be traced to the decision of the United States to recognize Indian tribes as political entities and to make Indian law and policy based on the political status of Indian tribes. Indian law is often assumed to be race law. As a result, observers tend to try to force Indian law into the constitutional race law paradigm. Justice Blackmun’s footnote 24 in Morton v. Mancari – describing federal legislation and rules relating to Indian tribes as a political classification – hit upon the proper understanding of Indian law. …

China And India Competition Laws: A Comparison, Giulia Piombi

Giulia Piombi

No abstract provided.

De La Integración Internacional, Los Subsidios, La Protección Social Y El Convenio De Seguridad Social Con El Reino De España, Fernando Castillo Cadena

Fernando Castillo Cadena

No abstract provided.

Penn Central For Tomorrow: Making Regulatory Takings Predictable, Kenneth S. Miller

Kenneth S Miller

No abstract provided.