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Full-Text Articles in Law

Violence And The American Legal Landscape, David C. Williams Apr 2002

Violence And The American Legal Landscape, David C. Williams

Articles by Maurer Faculty

No abstract provided.


Will The Real Civil Liberties Issue Please Stand Up?, Patrick Baude Apr 2002

Will The Real Civil Liberties Issue Please Stand Up?, Patrick Baude

Articles by Maurer Faculty

No abstract provided.


Thoughts On Proposed Immigration Reforms, John Scanlan Apr 2002

Thoughts On Proposed Immigration Reforms, John Scanlan

Articles by Maurer Faculty

No abstract provided.


International Legal Perspectives On The Sept. 11 Attacks On The United States, David Fidler Apr 2002

International Legal Perspectives On The Sept. 11 Attacks On The United States, David Fidler

Articles by Maurer Faculty

No abstract provided.


Federalism And The Idea Of Law Practice, Patrick Baude Apr 2002

Federalism And The Idea Of Law Practice, Patrick Baude

Articles by Maurer Faculty

No abstract provided.


Law: Illumination Against Darkness, Alfred C. Aman Apr 2002

Law: Illumination Against Darkness, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.


The Practice Of Precedent: Anastasoff, Noncitation Rules, And The Meaning Of Precedent In An Interpretive Community, Lauren K. Robel Jan 2002

The Practice Of Precedent: Anastasoff, Noncitation Rules, And The Meaning Of Precedent In An Interpretive Community, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.


Book Review. Teaching Legal Research And Providing Access To Electronic Resources (Gary L. Hill, Et. Al., Eds.), Peter A. Hook Jan 2002

Book Review. Teaching Legal Research And Providing Access To Electronic Resources (Gary L. Hill, Et. Al., Eds.), Peter A. Hook

Articles by Maurer Faculty

No abstract provided.


The Dynamic Judicial Opinion, William D. Popkin Jan 2002

The Dynamic Judicial Opinion, William D. Popkin

Articles by Maurer Faculty

Eskridge's article on Dynamic Statutory Interpretation advances an aggressively pragmatic theory of interpretation but has had more influence among academics than judges because of a failure to attend to the problems of writing a candid, pragmatic and dynamic judicial opinion. This article argues that, although not free from doubt, a candid judicial opinion is preferable, and discusses how to write such an opinion - suggesting that judges rely on the "intent of the statute," not legislative intent; and adopt a personal/exploratory style in presenting their views.


Demography And Desegregation In The Cleveland Public Schools: Toward A Comprehensive Theory Of Educational Failure And Success, William D. Henderson Jan 2002

Demography And Desegregation In The Cleveland Public Schools: Toward A Comprehensive Theory Of Educational Failure And Success, William D. Henderson

Articles by Maurer Faculty

In recent years, courts and commentators have routinely assumed that the desegregation era caused white flight and contributed to the deterioration of urban schools. Cleveland is often cited as a prototypical example of this misguided policy. The empirical basis for this belief, however, has been assumed rather than proven. This article uses the critical case study method to assess how the 1976 Cleveland desegregation order altered pre-existing demographic patterns within the Cleveland metropolitan area. Specifically, the article draws upon the social science literature to construct two theories of central city decline: (1) studies that link increased rates of white flight …


The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver Jan 2002

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver

Articles by Maurer Faculty

This article contributes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000.

The various roles …


Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum Jan 2002

Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum

Articles by Maurer Faculty

No abstract provided.


Patent Abolitionism, Mark D. Janis Jan 2002

Patent Abolitionism, Mark D. Janis

Articles by Maurer Faculty

In this Article, Professor Janis argues that modem enthusiasm for large-scale legislative reforms in patent law should be received with caution in view of the history of patent law reform. That history suggests that patent law is more resilient--or perhaps more impervious to change-than modem reformers recognize. To explore these propositions, Professor Janis analyzes the history of the mid-Victorian era British patent abolitionism movement. He demonstrates that much of the reform dialogue of that era, from the elucidation of major problems in the patent system, to the formulation of legislative solutions, mirrors quite closely the modem U.S. patent reform debate. …


Intercollegiate Athletics: The Program Expansion Standard Under Title Ix's Policy Interpretation, Julia C. Lamber Jan 2002

Intercollegiate Athletics: The Program Expansion Standard Under Title Ix's Policy Interpretation, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.


The Ethics Of Evidence, J. Alexander Tanford Jan 2002

The Ethics Of Evidence, J. Alexander Tanford

Articles by Maurer Faculty

Professor J. Alexander Tanford offers a unique perspective on the ethics of evidence, illustrated by examples of his own personal experiences as well as excerpts from film and literature. This Article is a must read for any litigator as it addresses the issue of where the line is to be drawn regarding evidence in the courtroom.


Keeping Cross-Examination Under Control, J. Alexander Tanford Jan 2002

Keeping Cross-Examination Under Control, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.


Making The Grade: Some Principles Of Comparative Grading, Jeffrey E. Stake Jan 2002

Making The Grade: Some Principles Of Comparative Grading, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.


Stumbling To Johannesburg: The United States' Haphazard Progress Toward Sustainable Forestry Law, Robert L. Fischman Jan 2002

Stumbling To Johannesburg: The United States' Haphazard Progress Toward Sustainable Forestry Law, Robert L. Fischman

Articles by Maurer Faculty

This Article addresses how well forestry law in the United States promotes sustainable development, with special attention to the trends of the past decade. The role of law in shaping forest management decisions has been a contentious issue in this recent period, and forestry has been at the forefront of public concern about sustainability of natural resource management generally. Therefore, the problems and opportunities for forestry law to promote sustainable development are indications of the weaknesses and strengths of the overall U.S. legal regime.


A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera Jan 2002

A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera

Articles by Maurer Faculty

No abstract provided.


Transitions In Ip And Antitrust, Mark D. Janis Jan 2002

Transitions In Ip And Antitrust, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.


Symposium In Memory Of David H. Vernon: An Introduction, Mark D. Janis, Hillary A. Sale Jan 2002

Symposium In Memory Of David H. Vernon: An Introduction, Mark D. Janis, Hillary A. Sale

Articles by Maurer Faculty

No abstract provided.


Constitutional Issues In Information Privacy, Fred H. Cate, Robert E. Litan Jan 2002

Constitutional Issues In Information Privacy, Fred H. Cate, Robert E. Litan

Articles by Maurer Faculty

The U.S. Constitution has been largely ignored in the recent flurry of privacy laws and regulations designed to protect personal information from incursion by the private sector, despite the fact that many of these enactments and efforts to enforce them significantly implicate the First Amendment. Questions about the role of the Constitution have assumed new importance in the aftermath of the September 11 terrorist attacks on the World Trade Center and the Pentagon. Efforts to identify and bring to justice the perpetrators and to protect against future terrorist attacks, while threatening to weaken constitutional protections against government intrusions into personal …


Principles For Protecting Privacy, Fred H. Cate Jan 2002

Principles For Protecting Privacy, Fred H. Cate

Articles by Maurer Faculty

This article addresses health privacy in the broader context of other areas of recent privacy activity, in an effort to discover what people should have learned in trying to identify those principles that should undergrid regulatory efforts to protect privacy. Increasingly, the dominant trend in recent and pending privacy legislation is to invest consumers with near absolute control over information in the marketplace. - irrespective of whether the information is, or could be, used to cause harm. The Health Insurance Portability and Accountability Act privacy rules wholly ignore the concept of harm and the constitutional requirement of targeting restriction on …


The National Wildlife Refuge System And The Hallmarks Of Modern Organic Legislation, Robert L. Fischman Jan 2002

The National Wildlife Refuge System And The Hallmarks Of Modern Organic Legislation, Robert L. Fischman

Articles by Maurer Faculty

This article explores the origins and precise meaning of the term "organic act," which is widely used in public land law. The evolution in the meaning of the term reflects larger shifts in the role of legislation in public resource management. The article illustrates this with an analysis of the 1997 Refuge Improvement Act, a substantial revision of the charter for the Refuge System and the first major statute governing public land management enacted since the 1970s.

The Refuge System's "dominant use" regime is an important model for sustainable resource management. The article describes this regime in the context of …


Baker's Promise, Equal Protection, And The Modern Redistricting Revolution: A Plea For Rationality, Luis Fuentes-Rohwer Jan 2002

Baker's Promise, Equal Protection, And The Modern Redistricting Revolution: A Plea For Rationality, Luis Fuentes-Rohwer

Articles by Maurer Faculty

The conventional wisdom contends that Baker v. Carr did not set down a standard for lower courts to follow. This Article responds to this position. It reaches three conclusions. First, it argues the implicit promise of Baker v. Carr pointed toward a loose, flexible rationality standard for deciding redistricting controversies. Under this approach, states were given much room to enact redistricting plans in accordance to their states' particular needs. Second, the lower courts applied precisely this standard in litigation in the wake of Baker, and did so quite capably. This conclusion responds to those who exhort the imposition of a …


Doing Our Politics In Court: Gerrymandering, "Fair Representation" And An Exegesis Into The Judicial Role, Luis Fuentes-Rohwer Jan 2002

Doing Our Politics In Court: Gerrymandering, "Fair Representation" And An Exegesis Into The Judicial Role, Luis Fuentes-Rohwer

Articles by Maurer Faculty

No abstract provided.


Deciding When Hate Is A Crime: The First Amendment, Police Detectives, And The Identification Of Hate Crime, Jeannine Bell Jan 2002

Deciding When Hate Is A Crime: The First Amendment, Police Detectives, And The Identification Of Hate Crime, Jeannine Bell

Articles by Maurer Faculty

This Article adds to the debate a story of how hate crime law is enforced, based on the experiences of the police detectives who are required to enforce hate crime law. Part I of this Article provides a brief description of hate crime laws and argues that the police play an important role in the determination of how hate crime law is enforced and ultimately, whether defendants’ First Amendment rights will be respected. Part II describes critics’ concerns about defendants’ First Amendment rights and the narrow constitutional line that enforcers of hate crime law must walk between enforcing hate crime …


The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant G. Garth Jan 2002

The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.


Conflict Of Economic Laws: From Sovereignty To Substance, Hannah Buxbaum Jan 2002

Conflict Of Economic Laws: From Sovereignty To Substance, Hannah Buxbaum

Articles by Maurer Faculty

This article examines how the globalization of economic markets, and attendant changes in international regulatory strategies, challenge the traditional framework of private international law. It examines a variety of developments in the areas of securities, antitrust, and bankruptcy law, analyzing the ways in which they undermine the conception of regulatory power as grounded in the territorial authority of sovereign states. Specifically, the article argues that these changes reflect a shift in conflicts jurisprudence away from the traditional jurisdiction-selecting model and toward a substance-based model, in which a state's economic policy interests can be protected simply through assurance that the substance …


Book Review. Perceptions And Interpretations Of Law From Past To Present In The Subcontinent, Jayanth K. Krishnan Jan 2002

Book Review. Perceptions And Interpretations Of Law From Past To Present In The Subcontinent, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.