Law Commons^™

Four Easy Pieces To Balance Privacy And Accountability In Public Higher Education: A Response To Wrongdoing Ranging From Petty Corruption To The Sandusky And Penn State Tragedy, Robert E. Steinbuch

Faculty Scholarship

No abstract provided.

An Empirical Analysis Of Conservative, Liberal, And Other "Biases" In The United States Courts Of Appeals For The Eighth & Ninth Circuits, Robert E. Steinbuch

Faculty Scholarship

No abstract provided.

Families Of Color In Crisis: Bearing The Weight Of The Financial Market Meltdown, André Douglas Pond Cummings

Faculty Scholarship

The financial market crisis of 2008 landed heaviest and hardest upon communities of color. In the minority communities that continue to bear the crushing weight of this crisis—which continues unrequited—women of color, and by extension, their families, are by far the group most devastated by the global market meltdown. In an ultimate irony, most economists, scholars, and commentators now agree that the collapse, which continues to ravage Main Street, was caused primarily by a select group of privileged white men–i.e., Wall Street executives, bankers, and the politicians purchased by Wall Street largess. The impact of Wall Street’s fascination with securitizing …

The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach

Faculty Scholarship

No abstract provided.

Chief Justice Christine M. Durham: Trailblazer, Pioneer, Exemplar, André Douglas Pond Cummings

Faculty Scholarship

In 1978, Christine M. Durham was appointed, in a historic moment, to serve as trial judge to the third judicial district court in the state of Utah by then Governor Scott Matheson. Lost in the appropriate fanfare connected to her groundbreaking appointment as the first woman to serve as a general jurisdiction judge in the state of Utah, was the fact that she would also become the youngest person ever appointed to a judicial post in that great state. Just four years later, this young thirty-something female judge would be elevated by Matheson to sit on the Supreme Court of …

Derrick Bell: Godfather Provocateur, André Douglas Pond Cummings

Faculty Scholarship

Professor Derrick Bell, the originator and founder of Critical Race Theory, passed away on October 5, 2011 at the age of 80. Around the world he is considered a hero, mentor, friend and exemplar. Known as a creative innovator and agitator, Professor Bell often sacrificed his career in the name of principles and objectives, inspiring a generation of scholars of color and progressive lawyers everywhere. Bell resigned a tenured position on the Harvard Law School faculty to protest Harvard’s refusal to hire and tenure women of color onto its law school faculty. For the past twenty years, Professor Bell taught …

Mexico's Dilemma: Workers' Rights Or Workers' Comparative Advantage In The Age Of Globalization?, Ranko Shiraki Oliver

Faculty Scholarship

No abstract provided.

Do Not Go Gentle: Using Emeritus Pro Bono Attorneys To Achieve The Promise Of Justice, Kelly S. Terry

Faculty Scholarship

No abstract provided.

In Defense Of Mandatory Curves, Joshua M. Silverstein

Faculty Scholarship

This article sets forth the first comprehensive defense of mandatory curves. It begins with a case study of one law school. That institution lacked formal grade normalization policies during the period of the case study. As a result, the school suffered from dramatic grade disparities. This article contains a list and statistical analysis of the most significant disparities. The statistical analysis supports the conclusion that the grade disparities were caused by differences in teacher grading philosophy, and not by student merit or any other factor.

Next, this article presents several arguments in favor of mandatory curves. The most crucial is …

Use Of Comparative Law In Determining The Customary International Law Of Human Rights, Kenneth S. Gallant

Faculty Scholarship

Comparative law method is essential to determining the customary international law status of rules of human rights law. Doing the hard, detailed work of comparative law is necessary if we are to give up on the unfortunate tendency to make overly broad, unsupported claims that wide varieties of human rights have passed into customary international law.

The traditional use of only interstate practice in determining rules of customary international law is insufficient where the rules concern relationships between states and individuals, especially their own nationals. This, however, is the essence of human rights law.

Comparative law techniques allow, and are …

Subordinate Bias Liability, Theresa M. Beiner

Faculty Scholarship

No abstract provided.

Manson And Its Progeny: An Empirical Analysis Of American Eyewitness Law, Nicholas A. Kahn-Fogel

Faculty Scholarship

Since the Supreme Court established the current constitutional framework for determining the admissibility of eyewitness identification evidence in Manson v. Brathwaite in 1977, scientists and scholars who have evaluated the opinion have uniformly criticized it as insufficient to deter police from using flawed identification procedures and inconsistent with scientific evidence of the best ways to assess the reliability of evidence tainted by such procedures. Until now, however, the work of these scientists and scholars has been based primarily on simulation experiments and on a selective assortment of easily criticized judicial decisions applying Manson. This study provides the first systematic analysis …

Comparative Law And International Human Rights Law: Non-Retroactivity And Lex Certa In Criminal Law, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.

The Public Speaks: An Empirical Study Of Legal Communication, Christopher R. Trudeau

Faculty Scholarship

No abstract provided.