Law Commons^™

Students’ Writing Backgrounds: A Survey, Susan Wawrose

School of Law Faculty Publications

We now know that many experienced lawyers think newly-minted attorneys “do not write well.”1 Law professors complain that students do not write well when they enter law school. Undergraduate professors say their students do not write well when they enter college. I suspect the complaint continues on down the ladder of K- 12 education. Are students learning to write in college, high school, and elementary school? To shed light on the question, I surveyed students in my legal writing class about their writing experience. I wanted to know what kind of writers I was teaching. Had they been taught fundamental …

Overcoming The Dysfunction Of The Bifurcated Global System: The Promise Of A Peoples Assembly, Andrew L. Strauss

School of Law Faculty Publications

Richard Falk and I have proposed that the time is ripe for global civil society to take the lead and initiate a popularly representative Global Peoples Assembly (GPA).1 The tremendous growth in the commitment to, and practice of, democracy in domestic settings2 juxtaposed against globalization's large-scale transfer of political decision making to international institutions3 has made the almost complete lack of democracy at the international level the most glaring anomaly of the global system today.

Because states are unlikely to initiate the democratization of the international order, the task of beginning the drive for the first GPA necessarily falls to …

Justice For Perpetrators And Victims Of Apartheid Who Fall Outside The Scope Of The Truth And Reconciliation Commission’S Mandate, Christopher J. Roederer, Kevin Hopkins

School of Law Faculty Publications

The legislation that gave birth to the Truth and Reconciliation Commission provides for the possibility of amnesty to the perpetrators of certain crimes and delicts. It also provides for the possibility of reparations to the victims of apartheid who suffered as a result of their human rights being grossly violated. The problem with the legislation is that it is only competent to deal with matters falling within its ambit, but there are numerous issues that still need to be addressed which clearly fall outside of it. One might be tempted to say that such issues falling beyond the scope of …

Academic Support Programs: Effective Support Through A Systemic Approach, Adam Todd

School of Law Faculty Publications

Academic support programs in American law schools ("ASPs") are often implemented with the express purpose of promoting social, racial, and economic diversity in the legal profession, which has historically excluded these populations. This progressive purpose, however, may not ultimately be achieved unless academic support is fully integrated into the law school academy. This Article argues that an ASP needs to go beyond one-on-one counseling of students in academic difficulty.

Further, ASPs need to engage the faculty and administration of a law school in the academic support mission. This Article also suggests concrete steps that ASP professionals can follow to improve …

'Can We Go Home Now?' Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan Wawrose

School of Law Faculty Publications

Two years ago, the Ohio Supreme Court amended its rules and those of Ohio's intermediate appellate courts in order to fast-track appeals of cases involving termination of parental rights ("TPR") and adoption of minor children. Three of Ohio's twelve appellate districts already had local rules to expedite or accelerate these types of appeals, but in some districts, the amended rules established procedures that were entirely new.

The major impetus behind the court's amendments to the rules was to move children out of foster care and into permanent adoptive homes more quickly. Further, by amending the rules of the intermediate appellate …

Where America Ends And The International Order Begins: Interpreting The Jurisdictional Reach Of The U.S. Constitution In Light Of A Proposed Hague Convention On Jurisdiction And Satisfaction Of Judgments, Andrew L. Strauss

School of Law Faculty Publications

The recently concluded Hague Convention on Choice of Courts Agreements is the culmination of over a decade of negotiations. While the convention is very modest in what it attempts to accomplish, many observers see it as a first step toward achieving greater global uniformity of rules regarding jurisdiction and satisfactions of judgments. To the extent the United States Constitution governs the international ambit of United States jurisdiction in international cases, there is the potential for conflict between the Constitution and international treaty rules. A treaty found to be in conflict with the Constitution would likely be held invalid — at …

The Case For Utilizing The World Trade Organization As A Forum For Global Environmental Regulation, Andrew L. Strauss

School of Law Faculty Publications

In his article "Environmental Policy in the New World Economy," Alan Miller discusses the environmental implications of globalization. Recognizing that the flow of international private capital to developing countries is far more significant than international development assistance, he questions how we can use public policy to maximize the positive environmental effects of private investment. Miller suggests the need to find strategies that utilize market forces to benefit the environment.

This article heeds Alan Miller's call by suggesting new approaches to thinking about the potential for the World Trade Organization (WTO) to play a positive environmental role.

In this article, my …

The Curious Case Of Disappearing Federal Jurisdiction Over Federal Enforcement Of Federal Law: A Vehicle For Reassessment Of The Tribal Exhaustion/Abstention Doctrine, Blake Watson

School of Law Faculty Publications

This article describes the tribal exhaustion/abstention doctrine set forth in National Farmers Union Ins. Companies v. Crow Tribe, 471 U.S. 845 (1985) and Iowa Mutual Ins. Co. v. LaPlante, 480 U.S. 9 (1987).

Liberal Construction Of Cercla Under The Remedial Purpose Canon: Have The Lower Courts Taken A Good Thing Too Far?, Blake Watson

School of Law Faculty Publications

This article examines the use of the remedial purpose canon of statutory construction in connection with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), otherwise known as the Superfund Act. The article also assesses scholarly criticisms of the remedial purpose canon.

Beyond National Law: The Neglected Role Of The International Law Of Personal Jurisdiction In Domestic Courts, Andrew L. Strauss

School of Law Faculty Publications

When one of the parties is foreign in civil personal jurisdiction cases, United States courts have assumed it appropriate to overlook international jurisdiction law and apply solely United States constitutional, statutory and common law doctrines related to jurisdiction. Courts in other countries likewise apply their own domestic doctrines of jurisdiction in international cases. Applying both positivist and normative methodologies, this article makes the theoretical case that the international law of personal jurisdiction should be applied in domestic courts.

A Global Paradigm Shattered: The Jurisdictional Nihilism Of The Supreme Court’S Abduction Decision In Alvarez-Machain, Andrew L. Strauss

School of Law Faculty Publications

In the United States v. Alvarez Machain, the United States Supreme Court held that the United States could exercise criminal jurisdiction over a Mexican doctor who was abducted by agents of the American government from his office in Mexico and transported to the United States. As the Court's first international law decision after the end of the cold war, this case set the stage for how it would approach the domestic application of international law in the post cold war era. Despite the importance of the case, the Supreme Court failed to articulate the conceptual understanding of the relationship between …

Mitigating The Effects Of Private Revitalization On Housing For The Poor, James Goeffrey Durham, Dean E. Sheldon Iii

School of Law Faculty Publications

This article addresses how to identify the benefits and costs of revitalization. It further discusses how to allocate the costs efficiently so that revitalizers will internalize expenses, thus enabling them to make efficient decisions about undertaking projects. Efficiency may not be society's ultimate goal, but efficiency in urban revitalization would promote society's goal to treat its members equitably."

This article first examines the costs and benefits of revitalization and outlines who bears the costs and who gains the benefits. This article then offers specific proposals for forcing revitalizers to internalize their costs. These proposals provide some definite conclusions about how …