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Full-Text Articles in Law

Warriors, Machismo, And Jockstraps: Sexually Exploitative Athletic Hazing And Title Ix In The Public School Locker Room, Susan P. Stuart Jan 2013

Warriors, Machismo, And Jockstraps: Sexually Exploitative Athletic Hazing And Title Ix In The Public School Locker Room, Susan P. Stuart

Law Faculty Publications

Sexually exploitative athletic hazing on boys’ athletic teams is an increasingly frequent feature in the news. The physical and psychological abuse of younger team members by those who are more senior is not just humiliating but dangerous. Indeed, some athletes are charged with crimes that are committed during hazing activities. More to the point, the features of sexually exploitative hazing have all the earmarks of sexual harassment when team leaders use sexual assaults to keep younger members in their place by feminizing them or otherwise challenging their ability to conform to a hegemonic masculine sports stereotype. Athletic hazing’s part in …


On The Conflation Of The State Secrets Privilege And The Totten Doctrine, D. A. Jeremy Telman Jan 2013

On The Conflation Of The State Secrets Privilege And The Totten Doctrine, D. A. Jeremy Telman

Law Faculty Publications

The state secrets privilege (SSP) has become a major hindrance to litigation that seeks to challenge abuses of executive power in the context of the War on Terror. The Supreme Court first embraced and gave shape to the SSP as an evidentiary privilege in a 1953 case, United States v. Reynolds. Increasingly, the government relies on the SSP to seek pre-discovery dismissal of suits alleging torts and constitutional violations by the government. Lower federal courts have permitted such pre-discovery dismissal because they have confused the SSP with a non-justiciability doctrine derived from an 1875 case, Totten v. United States …


Post-Crisis Reconsideration Of Federal Court Reform, David R. Cleveland Jan 2013

Post-Crisis Reconsideration Of Federal Court Reform, David R. Cleveland

Law Faculty Publications

No abstract provided.


Understanding Duties And Conflicts Of Interest--A Guide For The Honorable Agent, Linda S. Whitton Jan 2013

Understanding Duties And Conflicts Of Interest--A Guide For The Honorable Agent, Linda S. Whitton

Law Faculty Publications

This article examines the importance of understanding agent duties and conflicts of interest, both for drafting a power of attorney that meets a principal’s objectives and for providing guidance to the agent who will act under its authority. Professor Whitton suggests that current custom and practice with respect to powers of attorney often overlooks the need to adjust agent duties to accommodate the principal’s expectations, thus resulting in inadvertent conflicts between the duty to do what the principal expects and default duties of loyalty. The article offers practical guidelines for identifying and reconciling these conflicts, as well as best practices …


All Roads Lead From Vietnam To Your Home Town: How Veterans Have Become Casualties Of The War On Drugs, Susan Stuart Jan 2013

All Roads Lead From Vietnam To Your Home Town: How Veterans Have Become Casualties Of The War On Drugs, Susan Stuart

Law Faculty Publications

No abstract provided.


A National "Natural" Standard For Food Labeling, Nicole E. Negowetti Jan 2013

A National "Natural" Standard For Food Labeling, Nicole E. Negowetti

Law Faculty Publications

No abstract provided.


Justice For All: Reimagining The Internal Revenue Service, David J. Herzig Jan 2013

Justice For All: Reimagining The Internal Revenue Service, David J. Herzig

Law Faculty Publications

The ability of the Internal Revenue Service to both collect the tax and enforce the initial determination of tax liability in a neutral and fair manner has been compromised by a February 2011 pronouncement issued by the Department of Justice stating that the President and the Department of Justice believe that section 3 of the Defense of Marriage Act is unconstitutional and that the Department of Justice will no longer defend the statute in courts. The pronouncement results in a disparate treatment of similar taxpayers based solely on the forum of litigation. Through this lens, I examine whether it is …


Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren Jan 2013

Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren

Law Faculty Publications

Non-citizens have fared best in recent Supreme Court cases by piggybacking on federal rights when the actions of states are at issue, or by criticizing agency rationality when federal action is at issue. These two themes-federalism and agency skepticism-have proven in recent years to be more effective litigation frameworks than some individual rights-based theories like equal protection. This marks a substantial shift from the Burger Court era, when similar cases were more likely to be litigated and won on equal protection than on preemption or Administrative Procedure Act theories. This Article describes this shift, considers the reasons for it, and …


A Monist Supremacy Clause And A Dualistic Supreme Court: The Status Of Treaty Law As U.S. Law, D. A. Jeremy Telman Jan 2013

A Monist Supremacy Clause And A Dualistic Supreme Court: The Status Of Treaty Law As U.S. Law, D. A. Jeremy Telman

Law Faculty Publications

Hans Kelsen identified three possible relationships between the international and domestic legal orders. Dualism understands the international and domestic legal orders as separate and independent. Monism describes a single and comprehensive legal order but can operate with either domestic law or international law as a higher order law. Like many domestic legal orders, that of the United States has never fully worked out which of these three options specifies the status of international law in its domestic legal order. While the text of the United States Constitution suggests a form of monism in which international law is automatically part of …


Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs, Rebecca Huss Jan 2013

Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs, Rebecca Huss

Law Faculty Publications

No abstract provided.


Substantive Due Process In Exile: The Supreme Court's Original Interpretation Of The Due Process Clause Of The Fourteenth Amendment, Natalie Banta Jan 2013

Substantive Due Process In Exile: The Supreme Court's Original Interpretation Of The Due Process Clause Of The Fourteenth Amendment, Natalie Banta

Law Faculty Publications

No abstract provided.


Bringing A Knife To The Gunfight: The Academically Underprepared Law Student & Legal Education Reform, Susan Stuart, Ruth Vance Jan 2013

Bringing A Knife To The Gunfight: The Academically Underprepared Law Student & Legal Education Reform, Susan Stuart, Ruth Vance

Law Faculty Publications

No abstract provided.


International Legal Positivism And Legal Realism, D. A. Jeremy Telman Jan 2013

International Legal Positivism And Legal Realism, D. A. Jeremy Telman

Law Faculty Publications

This chapter, a contribution to a book on International Legal Positivism in a Post-Modern World, gauges the potential for mutually enriching interactions between international legal positivism and legal realism. It first describes the encounter between legal positivism and legal realism in the U.S. legal academy and then proceeds to discuss the rise of a new legal realism in international legal theory. In a concluding section, the chapter assesses the compatibilities and tensions between the new international legal realism and the new international legal positivism.

With its forthright embrace of the inescapability of uncertainty in law, the new international legal …