Law Commons^™

From Privacy To Liberty: The Fourth Amendment After Lawrence, Thomas P. Crocker

Faculty Publications

This Article explores a conflict between the protections afforded interpersonal relations in Lawrence v. Texas and the vulnerability experienced under the Fourth Amendment by individuals who share their lives with others. Under the Supreme Court's third-party doctrine, we have no constitutionally protected expectation of privacy in what we reveal to other persons. The effect of this doctrine is to leave many aspects of ordinary life shared in the company of others constitutionally unprotected. In an increasingly socially networked world, the Fourth Amendment may fail to protect precisely those liberties-to live in the company of others free from state surveillance and …

The Spirit Of The Legal Academy – For Three Years Or For Life?: Some Personal Observations, Robert T. Bockman

Faculty Publications

No abstract provided.

Book Review - Hiring And Firing, Rebekah K. Maxwell

Faculty Publications

No abstract provided.

Not Very Collegial: Exploring Bans On Illegal Immigrant Admissions To State Colleges And Universities, Marcia A. Yablon-Zug, Danielle R. Holley-Walker

Faculty Publications

No abstract provided.

Design Defect Ghosts, David Owen

Faculty Publications

No abstract provided.

A Public Privilege, Colin Miller

Faculty Publications

If a rule is only as good as its exceptions, and a reporter is only as good as her sources, then, according to a recent Supreme Court of Pennsylvania opinion, Pennsylvania's reporter's privilege is the best of privileges and the worst of privileges. In that opinion, the justices failed to carve a crime-fraud exception out of Pennsylvania's reporter's privilege - its "Shield Law" - despite having previously read a similar exception into every other evidentiary privilege. Ironically, this alleged act of judicial passivism transformed the Shield Law into both a shield and a sword and mischaracterized the purposes served by …

Breaking Up Doesn't Have To Be So Hard: Default Rules For Partition And Secession, Nathan D. Richardson

Faculty Publications

No abstract provided.

A Voice-Based Framework For Evaluating Claims Of Minority Shareholder Oppression In The Close Corporation, Benjamin Means

Faculty Publications

No abstract provided.

Dismissed With Prejudice: Why Application Of The Anti-Jury Impeachment Rule To Allegations Of Racial, Religious, Or Other Bias Violates The Right To Present A Defense, Colin Miller

Faculty Publications

No abstract provided.

Book Review: Index To Legal Citations And Abbreviations, 3rd Ed., Duncan E. Alford

Faculty Publications

No abstract provided.

In Defense Of Voluntary Desegregation: All Things Are Not Equal, Derek W. Black

Faculty Publications

This Article analyzes the concept of racial stigma in Justice Kennedy’s controlling opinion in Parents Involved in Community Schools v. Seattle School District No. 1. The Article reveals that Kennedy’s fundamental concern is that using racial classifications to achieve voluntary desegregation racially stigmatizes students. In particular, he assumes that the classifications undermine individualism and reduce children to “racial chits.” He fails, however, to recognize the purpose of voluntary desegregation and the unique characteristics that distinguish it from other race-conscious programs. Kennedy is not alone. Commentators and schools may have “over-defended” voluntary desegregation, articulating multiple justifications rather than focusing on the …

A Voice-Based Framework For Evaluating Claims Of Minority Shareholder Oppression In The Close Corporation, Benjamin Means

Faculty Publications

No abstract provided.

Jail Visitation: An Assessment Of Organizational Policy And Information Availability, Alicia H. Sitren, Hayden P. Smith, Brandon K. Applegate, Laurie A. Gould

Faculty Publications

Jail inmates face substantial emotional, economic, legal, and other challenges when they are incarcerated. The extent to which they are able to maintain contacts with individuals on the outside can substantially determine how well they cope with these concerns, and visitation is the primary way that such links may be maintained. To date, no systematic assessment of jail visitation policies has been conducted. The current study examined the availability of visitation policy information and the content of policies for national samples of large and small jails. The results suggest that large jails provide more opportunities for visitation and that they …

Raising The Cut-Off: The Empirical Case For Extending Adoption And Guardianship Subsidies From Age 18 To 21, Josh Gupta-Kagan

Faculty Publications

No abstract provided.

Water As A Public Good: The Status Of Water Under The General Agreement On Tariffs And Trade, Bryant W. Smith

Faculty Publications

Is water a "product" subject to the World Trade Organization (WTO)’s General Agreement on Tariffs and Trade (GATT)? I argue that it is not, because the established, widespread, and consistent assertion by states of public ownership over their water resources through both municipal and international law (the "public-ownership consensus") precludes any reading of GATT that would fundamentally alter the unique status of those resources. My reasoning therefore differs from that of others who have addressed this issue in that I first examine the broader legal context in which the WTO exists and then consider how that context compels an interpretation …

Figuring Foreseeability, David Owen

Faculty Publications

No abstract provided.

Book Review: Protection Of Foreign Investment In Context: Nigeria's Investment Laws, Treaties, And Petroleum Agreements, Duncan E. Alford

Faculty Publications

No abstract provided.

Examining Costs Of Diversity, Eboni S. Nelson

Faculty Publications

Although the Supreme Court struck down the voluntary race-based student-assignment plans employed in Parents Involved in Community Schools v. Seattle School District No. ] and Meredith v. Jefferson County Board of Education as violative of the Equal Protection Clause, many school officials will seek refuge in Justice Kennedy's concurrence and continue their pursuit of racially diverse student bodies. This Article questions the wisdom of such a pursuit and urges school officials to pursue measures other than racial diversity to provide equal educational opportunities to minority students.

The Article begins with a discussion of the social, democratic, and educational benefits commonly …

Impeachable Offenses?: Why Civil Parties In Quasi-Criminal Cases Should Be Treated Like Criminal Defendants Under The Felony Impeachment Rule, Colin Miller

Faculty Publications

No abstract provided.

New Sources Of Managerial Authority In Large Law Firms, Elizabeth Chambliss

Faculty Publications

The academic literature on large law firms emphasizes the limited authority of professional managers and the ability of rainmaking partners to sidestep formal management controls. Research suggests that bureaucratic management structures, such as dedicated, professional managers, tend to be weak or unstable in law firms, where compensation and status are tied to control over clients. Thus, while many commentators point to the potential competitive benefits of professional management - or, what typically is referred to as the "corporate" model - most analysts are skeptical that U.S. law firms will embrace such a model any time soon.

This Article stakes out …

Book Review - Climate Change: A Guide To Carbon Law And Practice, Rebekah K. Maxwell

Faculty Publications

No abstract provided.

Notes From A Climate Change Pressure-Cooker: Sub-Federal Attempts At Transformation Meet National Resistance In The Usa, Cinnamon P. Carlarne

Faculty Publications

No abstract provided.

The Availability And Viability Of Socioeconomic Integration Post-Parents Involved, Eboni S. Nelson

Faculty Publications

No abstract provided.

The Uncertain Future Of School Desegregation And The Importance Of Goodwill, Good Sense, And A Misguided Decision, Derek W. Black

Faculty Publications

The article was part of a symposium on the jurisprudence of Supreme Court Justice Sandra Day O’Connor. First, the article analyzed whether the Court’s decision in Parents Involved v. Seattle Schools was consistent with Justice O’Connor’s majority opinion in Grutter v. Bollinger. The article concludes that Parents Involved narrowly construed the holding in Grutter and limited its effect. Second, the article assessed the practical import of the decision in Parents Involved. It found that the opinion made voluntary desegregation more difficult than it otherwise would be and, thus, would discourage many school districts from taking progressive action. Unfortunately, the article …

The Practical Effects Of Delegation: Agencies And The Zoning Of Public Land And Seas, Josh Eagle

Faculty Publications

No abstract provided.

Substantive Due Process Limits On Punitive Damage Awards: "Morals Without Technique"?, F. Patrick Hubbard

Faculty Publications

In a series of cases decided over the last two decades, the Supreme Court has used the Due Process Clause to establish a procedural and substantive framework for awarding punitive damages. Initially, the substantive aspects of this framework were sufficiently clear and flexible that they required little change in the system and probably generated a helpful level of debate and uniformity as to some basic requirements for awards. However, in BMW of North America, Inc. v. Gore, the Court adopted an approach characterized by a lack of clarity and consistency, an inadequate basis in theory and policy, and ad hoc …

Design Defects, David G. Owen

Faculty Publications

No abstract provided.

Gone But Not Forgotten: The Strange Afterlife Of The Jay Treaty's Indian Free Passage Right, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.

Overcoming Necessity: Torture And The State Of Constitutional Culture, Thomas P. Crocker

Faculty Publications

No abstract provided.

Book Review - The Science Of Settlement: Ideas For Negotiators, Rebekah K. Maxwell

Faculty Publications

No abstract provided.