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Full-Text Articles in Law

Work, Caregiving, And Masculinities, Ann C. Mcginley Apr 2011

Work, Caregiving, And Masculinities, Ann C. Mcginley

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In her book Reshaping the Work-Family Debate, Joan Williams demonstrates the vulnerability of parent workers in working class America. In Chapter 2, "One Sick Child Away from Being Fired," she examines the records of ninety-nine union arbitrations to analyze the problems of working class parents who struggle to juggle their working and parenting responsibilities. Because this chapter is a tour de force in an overall excellent book, and because it suggests an area that Professor McGinley's research has focused on over the past number of years, in this Essay, Professor McGinley limits her discussion almost exclusively to this chapter ...


Dean's Column: Kay Kindred, A Nevada "First", Rachel J. Anderson Mar 2011

Dean's Column: Kay Kindred, A Nevada "First", Rachel J. Anderson

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This article documents selected aspects of the life of Professor Kay Kindred, the first female African-American law professor at the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Document Design For Lawyers: The End Of The Typewriter Era, Linda L. Berger Feb 2011

Document Design For Lawyers: The End Of The Typewriter Era, Linda L. Berger

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This article discusses simple design rules that you can follow in documents that need not comply with court rules and some that you may use even in documents that must comply.


We Live In A Country Of Unhcr: The Un Surrogate State And Refugee Policy In The Middle East, Michael Kagan Feb 2011

We Live In A Country Of Unhcr: The Un Surrogate State And Refugee Policy In The Middle East, Michael Kagan

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Many gaps in the protection of refugees can be connected to a de facto transfer of responsibility for managing refugee policy from sovereign states to United Nations agencies. This phenomenon can be seen in dozens of countries in the Middle East, Africa and Asia, where the UN High Commissioner for Refugees (UNHCR) or the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) manage refugee camps, register newly arrived asylum-seekers, carry out refugee status determination, and administer education, health, livelihood and other social welfare programs.

In carrying out these functions, the UN acts to a great ...


Shady Grove And The Potential Democracy-Enhancing Benefits Of Erie Formalism, Jeffrey W. Stempel Jan 2011

Shady Grove And The Potential Democracy-Enhancing Benefits Of Erie Formalism, Jeffrey W. Stempel

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No abstract provided.


Mapping The Human Right To Water On The Colorado River, Bret C. Birdsong Jan 2011

Mapping The Human Right To Water On The Colorado River, Bret C. Birdsong

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Colorado River systems-both ecological and legal-are facing a coming crisis. The river snakes its way from the Rocky Mountain crest to the Gulf of California, draining 245,000 square miles encompassing parts of seven of the United States ("U.S.") and two Mexican states. The river and its tributaries provide drinking water for growing population of thirty million in an even larger area because some of its water is diverted to serve out-of-basin demands in both the U.S. and Mexico. Aside from bringing life-sustaining water to people for personal use, it provides irrigation water for some of the most ...


Constitutional Challenges To The Health Care Mandate: Based In Politics, Not Law, David Orentlicher Jan 2011

Constitutional Challenges To The Health Care Mandate: Based In Politics, Not Law, David Orentlicher

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No abstract provided.


Controlling Health Care Costs Through Public, Transparent Processes: The Conflict Between The Morally Right And The Socially Feasible, David Orentlicher Jan 2011

Controlling Health Care Costs Through Public, Transparent Processes: The Conflict Between The Morally Right And The Socially Feasible, David Orentlicher

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No abstract provided.


Can Congress Make You Buy Broccoli? And Why It Doesn’T Matter, David Orentlicher Jan 2011

Can Congress Make You Buy Broccoli? And Why It Doesn’T Matter, David Orentlicher

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No abstract provided.


The Commerical Speech Doctrine In Health Regulation: The Clash Between The Public Interest In A Robust First Amendment And The Public Interest In Effective Protection From Harm, David Orentlicher Jan 2011

The Commerical Speech Doctrine In Health Regulation: The Clash Between The Public Interest In A Robust First Amendment And The Public Interest In Effective Protection From Harm, David Orentlicher

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No abstract provided.


Using Payroll Deduction To Shelter Individual Health Insurance From Income Tax, David Orentlicher Jan 2011

Using Payroll Deduction To Shelter Individual Health Insurance From Income Tax, David Orentlicher

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In this article, Professor Orentlicher and his colleagues assess the impact of state laws requiring or encouraging employers to establish ‘‘section 125’’ cafeteria plans that shelter employees’ premium contributions from tax.


"Flexible Citizenship" In Wena Poon's Short Stories: Writing At The Interstices Of Asia And America, Stewart Chang Jan 2011

"Flexible Citizenship" In Wena Poon's Short Stories: Writing At The Interstices Of Asia And America, Stewart Chang

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Professor Stewart Chang discusses the themes and interpretations of United States-based Singaporean author Wena Poon's short stories through the lens of "flexible citizenship."


Hyper-Incarceration As A Multidimensional Attack: Replying To Angela Harris Through The Wire, Frank Rudy Cooper Jan 2011

Hyper-Incarceration As A Multidimensional Attack: Replying To Angela Harris Through The Wire, Frank Rudy Cooper

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In this article, Professor Frank Rudy Cooper responds to a symposium article by Angela Harris, arguing "mass incarceration" should be understood as "hyper-incarceration" because it is targeted based on multiple dimensions of identities. He extends Harris's analysis of the multidimensionality of identities by means of a case study of how class operates during the drug war era, as depicted in the critically acclaimed HBO drama The Wire.


The Hermeneutical And Rhetorical Nature Of Law, Francis J. Mootz Iii Jan 2011

The Hermeneutical And Rhetorical Nature Of Law, Francis J. Mootz Iii

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In its most venal manifestation, scholarly writing betrays the anxiety of influence by claiming to offer a radically new solution to age-old conundrums. The goal is to make a clean break from a traditional path of thought that has become trapped in a cul-de-sac, to make progress by finding a new way forward. Not so with Jean Porter’s work, and particularly her most recent book. Professor Porter demonstrates that thinking through an established tradition – one that has responded to numerous challenges within very different contexts over several millennia – can sometimes offer the most productive response to contemporary dilemmas. She ...


Philosophical Legal Ethics: Ethics, Morals, And Jurisprudence, Katherine R. Kruse Jan 2011

Philosophical Legal Ethics: Ethics, Morals, And Jurisprudence, Katherine R. Kruse

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The authors and moderator David Luban participated in a plenary session of the International Legal Ethics Conference IV, held at Stanford. Each author answered and discussed questions arising from short papers they had written about the principal concern of legal ethics was the morality of lawyers, the morality of clients, or the morality of laws.


The Jurisprudential Turn In Legal Ethics, Katherine R. Kruse Jan 2011

The Jurisprudential Turn In Legal Ethics, Katherine R. Kruse

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When legal ethics developed as an academic discipline in the mid-1970s, its theoretical roots were in moral philosophy. The early theorists in legal ethics were moral philosophers by training, and they explored legal ethics as a branch of moral philosophy. From the vantage point of moral philosophy, lawyers’ professional duties comprised a system of moral duties that governed lawyers in their professional lives, a “role-morality” for lawyers that competed with ordinary moral duties. In defining this “role-morality,” the moral philosophers accepted the premise that “good lawyers” are professionally obligated to pursue the interests of their clients all the way to ...


The New Old Legal Realism, Tracey E. George, Mitu Gulati, Ann C. Mcginley Jan 2011

The New Old Legal Realism, Tracey E. George, Mitu Gulati, Ann C. Mcginley

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Do the decisions of appellate courts matter in the real world? The American judicial system, legal education, and academic scholarship are premised on the view that they do. The authors want to reexamine this question by taking the approach advocated by the original Legal Realists. The current project seeks to add to our knowledge of the relevance of case law by focusing on an area that has received little examination: how pronouncements about employment discrimination law by appellate courts translate into understandings and behavior at the ground level. As our lens, we use evidence of how people talk about the ...


Providing Effective Feedback, Jennifer Carr Jan 2011

Providing Effective Feedback, Jennifer Carr

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This article discusses the process of giving effective feedback in an academic context. Effective feedback gives students a clear explanation of what they should do, concrete steps for doing it, and the ability to ascertain whether those steps have adequately addressed the problem. The author discusses five steps that go into providing effective feedback to students.


Deadbeats, Deadbrokes, And Prisoners, Ann Cammett Jan 2011

Deadbeats, Deadbrokes, And Prisoners, Ann Cammett

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Historically, child support policy has targeted absent parents with aggressive enforcement measures. Such an approach is based on an economic resource model that is increasingly irrelevant, even counterproductive, for many low-income families. Specifically, modern day mass incarceration has radically skewed the paradigm on which the child support system is based, removing millions of parents from the formal economy entirely, diminishing their income opportunities after release, and rendering them ineffective economic actors. Such a flawed policy approach creates unintended consequences for the children of these parents by compromising a core non-monetary goal of child support system – parent-child engagement – as enforcement measures ...


When Foreigners Infringe Patents: An Empirical Look At The Involvement Of Foreign Defendants In Patent Litigation In The U.S., Marketa Trimble Jan 2011

When Foreigners Infringe Patents: An Empirical Look At The Involvement Of Foreign Defendants In Patent Litigation In The U.S., Marketa Trimble

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This paper presents results from a multiple-year project concerned with the involvement of foreign (non-U.S.) entities in U.S. patent litigation. A comparison of data from 2004 and 2009 that cover 5,407 patent cases filed in U.S. federal district courts in those two years evidences an increase in the number of cases involving foreign defendants, and thus an increasing potential for cross-border enforcement problems. With this basic finding the research supports the proposition advanced by a number of intellectual property scholars in the U.S. and abroad that rules need to be established to facilitate a smooth ...


Extraterritorial Intellectual Property Enforcement In The European Union, Marketa Trimble Jan 2011

Extraterritorial Intellectual Property Enforcement In The European Union, Marketa Trimble

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This paper was prepared for the 2011 ABILA International Law Weekend – West volume of the Southwestern Journal of International Law. It addresses extraterritorial enforcement of intellectual property rights in the European Union. The maximum length of the paper was set by the Journal.

The problems associated with extraterritorial enforcement of intellectual property rights in the European Union (the “EU”) may be divided into three categories: enforcement of unitary EU-wide rights, enforcement of multiple national rights, and enforcement of rights based on one national law with extraterritorial effects on activities in other countries. Although these are three distinct categories of problems ...


The Family Justice Clinic: Increasing Access To Justice For Nevada Families In Need, Ann Cammett, Elizabeth L. Macdowell Jan 2011

The Family Justice Clinic: Increasing Access To Justice For Nevada Families In Need, Ann Cammett, Elizabeth L. Macdowell

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No abstract provided.


Constitutional Rights And Judicial Independence: Lessons From Iowa, Ian C. Bartrum Jan 2011

Constitutional Rights And Judicial Independence: Lessons From Iowa, Ian C. Bartrum

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Iowa held its 2010 judicial retention elections in the shadow of Varnum v. Brien, the 2009 Supreme Court opinion recognizing same sex marriage. As the result of highly politicized campaign, three talented jurists lost their seats on the Court.

This commentary examines that election and offers a structural solution that might better protect constitutional rights against majoritarian intimidation.


Nonpublic Reasons And Political Paradigm Change, Ian C. Bartrum Jan 2011

Nonpublic Reasons And Political Paradigm Change, Ian C. Bartrum

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John Rawls famously argued that citizens in a just democracy have a moral duty to ensure that "the principles and policies they advocate and vote for can be supported by the political values of public reason." This so-called "duty of civility" obligates us to cast our votes on "constitutional questions and matters of basic justice" for reasons that we can explain in terms of the public good and the "ideals and principles expressed by society's conception of political justice." Rawls contrasts these public reasons with "nonpublic reasons" - such as "comprehensive religious and philosophical doctrines" - which he claims cannot legitimize ...


Thoughts On The Divergence Of Promise And Contract, Ian C. Bartrum Jan 2011

Thoughts On The Divergence Of Promise And Contract, Ian C. Bartrum

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This essay offers some brief thoughts on Seana Shiffrin‘s recent work regarding the divergence of contractual and promissory norms. The author conclude that Shiffrin does not do enough to separate and account for the different consequentalist and deontological justifications underlying each institution, and does not do enough to explain how promises give rise to the “moral” duties she posits. The author suggest, instead, that the divergence between contract and promise is justified by the different roles each institution plays in our lives, and that, in fact, keeping strictly promissory duties outside the scope of state coercion actually facilitates a ...


Salazar V. Buono: Sacred Symbolism And The Secular State, Ian C. Bartrum Jan 2011

Salazar V. Buono: Sacred Symbolism And The Secular State, Ian C. Bartrum

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This Colloquy piece comments on some doctrinal and theoretical implications of the Supreme Court's recent decision in Salazar v. Buono.


Engaged Client-Centered Representation And The Moral Foundations Of The Lawyer-Client Relationship, Katherine R. Kruse Jan 2011

Engaged Client-Centered Representation And The Moral Foundations Of The Lawyer-Client Relationship, Katherine R. Kruse

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The field of legal ethics, as we know it today, has grown out of thoughtful, systematic grounding of lawyers’ duties in a comprehensive understanding of lawyers’ roles and the situating of lawyers’ roles in underlying theories of law, morality, and justice. Unfortunately, in the process, the field of theoretical legal ethics has mostly lost track of the thing that Freedman insisted was at the heart of a lawyers’ role: the integrity of the lawyer-client relationship. As I will discuss, the field of theoretical legal ethics has developed in ways that are deeply lawyer-centered rather than fundamentally client-centered. I am going ...


Ricci V. Destefano: Diluting Disparate Impact And Redefining Disparate Treatment, Ann C. Mcginley Jan 2011

Ricci V. Destefano: Diluting Disparate Impact And Redefining Disparate Treatment, Ann C. Mcginley

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Title VII of the Civil Rights Act of 1964 permits plaintiffs to bring discrimination cases under two different theories: disparate treatment, which requires a showing of the employer’s discriminatory intent, and disparate impact, which holds the employer liable absent intent to discriminate if it uses neutral employment policies or practices that have a disparate impact on a protected group. Ricci v. DeStefano significantly affects the interpretation of both of these theories of discrimination.

Ricci adopts a restrictive interpretation of the disparate impact theory that is inconsistent with Congressional intent and purpose, and signals that intentional discrimination is more important ...


The Lady, Or The Tiger? A Field Guide To Metaphor & Narrative, Linda L. Berger Jan 2011

The Lady, Or The Tiger? A Field Guide To Metaphor & Narrative, Linda L. Berger

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Metaphor and narrative reassure us that things hang together, providing a sense of coherence to the patterns and paths we employ for perception and expression. In this field guide, I hope to illustrate - with images and stories when possible - how better understanding of metaphor and narrative can guide those engaged in legal rhetoric and persuasion.

The article briefly summarizes cognitive theory relating to metaphor and narrative, provides snapshots of their use in the field, in real-life legal persuasion, and suggests ways to adapt metaphor and narrative to a specific example of legal persuasion. In the field guide section, the article ...


From Whether To How: The Challenge Of Implementing A Full Public Performance Right In Sound Recordings, Mary Lafrance Jan 2011

From Whether To How: The Challenge Of Implementing A Full Public Performance Right In Sound Recordings, Mary Lafrance

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The policy debate surrounding a public performance right in sound recordings has been well rehearsed for over 40 years. Despite increasingly strong arguments favoring the right, the political will has materialized slowly. The proposed Performance Rights Act (PRA) is the next incremental step. However, because it is limited to broadcast performances, it does not address performances in dispersed public venues (clubs, stores, bars, restaurants, noncommercial settings, and other venues where recorded music is played) as well as unique situations such as ringtones (which may or may not be public performances, pending further legislation or litigation).

Because it falls short of ...