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Full-Text Articles in Law

Sexual Harassment 2.0, Mary Anne Franks Jan 2012

Sexual Harassment 2.0, Mary Anne Franks

Articles

Sexual harassment is a complex and evolving practice. The rise of sexual discrimination in cyberspace is only one of the most recent and most striking examples of the phenomenon's increasing complexity. Sexual harassment law, however, has not kept pace with this evolution. Discrimination law has not been adequately "updated" to address new and amplified practices of sex discrimination. Its two principal limitations are (1) it treats only sexual harassment that occurs in certain protected settings (e.g. the workplace or school) as actionable and (2) it assumes that both the activity and the resulting harm of sexual harassment occur ...


The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers Jan 2012

The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers

Articles

No abstract provided.


Who Are We? Parental Influences On Self-Identities And Self-Esteem Of Second Generation Youths In Spain, Alejandro Portes, Adrienne Celaya, Erik Vickstrom, Rosa Aparicio Jan 2012

Who Are We? Parental Influences On Self-Identities And Self-Esteem Of Second Generation Youths In Spain, Alejandro Portes, Adrienne Celaya, Erik Vickstrom, Rosa Aparicio

Articles

We review the literature on determinants of ethnic/national self-identities and self-esteem as a prelude to examining these outcomes among a large, statistically representative sample of second generation adolescents in Madrid and Barcelona. While these psycho-social outcomes are malleable, they still represent important dimensions of immigrant adaptation and can have significant consequences both for individual mobility and collective mobilizations. Current theories are largely based on data from the United States and other Anglophone countries. The availability of a new large Spanish survey allows us to test those theories in an entirely different socio-cultural context. In addition to having data on ...


The Public Interest In International Arbitration, Jan Paulsson Jan 2012

The Public Interest In International Arbitration, Jan Paulsson

Articles

No abstract provided.


In Tribute: Frank I. Michelman, Judge Guido Calabrese, Judge Dennis Davis, Rosalind Dixon, Dieter Grimm, Patrick O. Gudridge, Martha Minnow, Margaret Jane Radin Jan 2012

In Tribute: Frank I. Michelman, Judge Guido Calabrese, Judge Dennis Davis, Rosalind Dixon, Dieter Grimm, Patrick O. Gudridge, Martha Minnow, Margaret Jane Radin

Articles

No abstract provided.


Anticompetitive Product Design In The New Economy, John M. Newman Jan 2012

Anticompetitive Product Design In The New Economy, John M. Newman

Articles

Claims alleging anticompetitive product design and redesign lie at the very core of one of antitrust law's most challenging dilemmas: the intersection between innovation and regulation, invention and intervention. For over three decades, courts and scholars have struggled to determine the proper analytical framework within which to address such cases. Meanwhile, the very industries in which challenged conduct occurs have been undergoing fundamental changes.

As demonstrated by the ongoing and recent antitrust litigation involving high technology firms Apple, Intel, and Microsoft, distinctive features characterize most product markets in what has been called the 'New Economy'"--and what increasingly has ...


Proof Of Classwide Injury, Sergio J. Campos Jan 2012

Proof Of Classwide Injury, Sergio J. Campos

Articles

No abstract provided.


Creation Stories: Stanley Hauerwas, Same-Sex Marriage, And Narrative In Law And Theology, Charlton C. Copeland Jan 2012

Creation Stories: Stanley Hauerwas, Same-Sex Marriage, And Narrative In Law And Theology, Charlton C. Copeland

Articles

No abstract provided.


The Irony Of Hosanna-Tabor Evangelical Lutheran Church And School V Eeoc, Caroline Mala Corbin Jan 2012

The Irony Of Hosanna-Tabor Evangelical Lutheran Church And School V Eeoc, Caroline Mala Corbin

Articles

In Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, a schoolteacher sued her employer for retaliating against her in violation of the American with Disabilities Act (ADA). The success of her ADA claim turned on whether the Supreme Court thought that she was a minister. If she was not a minister, she would have probably won. After all, the school stated in writing that a main reason for her termination was her threatened lawsuit. But because the Supreme Court decided that she was a minister, and that ministers may not sue their religious employers for discrimination under the ministerial exception ...


Nonbelievers And Government Speech, Caroline Mala Corbin Jan 2012

Nonbelievers And Government Speech, Caroline Mala Corbin

Articles

In the past few years, nonbelievers have become much more prominent in the United States. But while their visibility has increased, they are still a small minority, and they remain disliked, distrusted, and not truly American in the eyes of many. As a result, many nonbelievers are hesitant about disclosing their views, and those who do often face hostility and discrimination.

This Article argues that government religious speech such as "In God We Trust" or a Latin cross war memorial violates the Establishment Clause in part because it exacerbates the precarious position of nonbelievers in this country. One of the ...


When Bad Speech Does Good, Mary Anne Franks Jan 2012

When Bad Speech Does Good, Mary Anne Franks

Articles

No abstract provided.


Enhancing The Investor Appeal Of Renewable Energy, Felix Mormann Jan 2012

Enhancing The Investor Appeal Of Renewable Energy, Felix Mormann

Articles

This Article introduces an investor-orented framework for the evaluation of renewable energy policy, applies these newly developed critea to a qualitative comparison of the primary policy instruments, and offers recommendations to enhance the investor appeal of renewable energy in the United States.

The multi-trillion dollar task of scaling-up renewable energy technologies to mitigate climate change, ensure energy security, and create green jobs is one of the most daunting challenges of the twenty-first century It is, in fact, too great a challenge for either the public or private sector to shoulder alone. Rather, public policy must catalyze private investment in renewable ...


Hypersalience And Why Understanding Behavioral Tax Law And Economics Means Understanding Tax, Leigh Osofsky Jan 2012

Hypersalience And Why Understanding Behavioral Tax Law And Economics Means Understanding Tax, Leigh Osofsky

Articles

No abstract provided.


The Connection Between Permanency And Education In Child Welfare Policy, Kele Stewart Jan 2012

The Connection Between Permanency And Education In Child Welfare Policy, Kele Stewart

Articles

No abstract provided.


Who Should Protect The Forest: Conservation Easements In The Forest Legacy Program, Jessica Owley, Stephen J. Tulowiecki Jan 2012

Who Should Protect The Forest: Conservation Easements In The Forest Legacy Program, Jessica Owley, Stephen J. Tulowiecki

Articles

No abstract provided.


Neoliberal Land Conservation And Social Justice, Jessica Owley Jan 2012

Neoliberal Land Conservation And Social Justice, Jessica Owley

Articles

No abstract provided.


Service Delivery, Resource Allocation And Access To Justice: Greiner And Pattanayak And The Research Imperative, Anthony V. Alfieri, Jeffrey Selbin, Jeanne Charn, Stephen Wizner Jan 2012

Service Delivery, Resource Allocation And Access To Justice: Greiner And Pattanayak And The Research Imperative, Anthony V. Alfieri, Jeffrey Selbin, Jeanne Charn, Stephen Wizner

Articles

No abstract provided.


Debate: The Contraception Mandate And Religious Freedom, Steven D. Smith, Caroline Mala Corbin Jan 2012

Debate: The Contraception Mandate And Religious Freedom, Steven D. Smith, Caroline Mala Corbin

Articles

No abstract provided.


An Essay On Slavery's Hidden Legacy: Social Hysteria And Structural Condonation Of Incest, Zanita E. Fenton Jan 2012

An Essay On Slavery's Hidden Legacy: Social Hysteria And Structural Condonation Of Incest, Zanita E. Fenton

Articles

No abstract provided.


Some Realism About Responsive Tax Administration, Leigh Osofsky Jan 2012

Some Realism About Responsive Tax Administration, Leigh Osofsky

Articles

No abstract provided.


The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen Jan 2012

The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen

Articles

Professionals working inside companies may bring with them frames of mind set by their professional experience and socialization. Lawyers, in particular, are said to "think like a lawyer"-to have a lawyer cast of mind. In seeking power within a company and in exercising the power that they obtain, professionals may draw on their professional background to frame, name, diagnose, and prescribe a remedy for the company's problems. In making decisions about their compliance with the law, companies are constrained not only by their environment, but also by their agents' understanding of whose (or what) interests the company should ...


Fidelity To Community: A Defense Of Community Lawyering, Anthony V. Alfieri Jan 2012

Fidelity To Community: A Defense Of Community Lawyering, Anthony V. Alfieri

Articles

No abstract provided.


Educating Lawyers For Community, Anthony V. Alfieri Jan 2012

Educating Lawyers For Community, Anthony V. Alfieri

Articles

This Essay is part of an ongoing classroom study and clinical service project addressing the mindful education of law students and the civic training of lawyers. Its purpose is to build a pedagogy of community and public citizenship within an outcome-based, rotation curricular model of legal education sketched out by commonly allied scholars in prior work here in the Wisconsin Law Review and elsewhere. The Essay seeks to advance this earlier curricular work by integrating ethics, education and psychology, and law and religion into a cohesive pedagogical approach to civic professionalism and community engagement. From the springboard of integration next ...


Transparency And Financial Regulation In The European Union: Crisis And Complexity, Caroline Bradley Jan 2012

Transparency And Financial Regulation In The European Union: Crisis And Complexity, Caroline Bradley

Articles

No abstract provided.


Costing Financial Regulation, Caroline Bradley Jan 2012

Costing Financial Regulation, Caroline Bradley

Articles

No abstract provided.


Erie As A Choice Of Enforcement Defaults, Sergio J. Campos Jan 2012

Erie As A Choice Of Enforcement Defaults, Sergio J. Campos

Articles

The Erie doctrine governs, among other things, when a federal court sitting in diversity jurisdiction may use a federal procedure that differs from the procedure a state court would use. Displacing the state procedure with the federal procedure (or not) may impact the substantive objectives of either state or federal law, but the current Erie doctrine provides little guidance. This Article argues that the Erie doctrine is best understood as governing a choice of enforcement defaults. As argued below, the primary function of civil liability is to protect a substantive entitlement to avoid the legal violation, either directly through specific ...


Striking Out Specious Claims In Mass Tort Global Settlements, Sergio J. Campos Jan 2012

Striking Out Specious Claims In Mass Tort Global Settlements, Sergio J. Campos

Articles

No abstract provided.


Mass Torts And Due Process, Sergio J. Campos Jan 2012

Mass Torts And Due Process, Sergio J. Campos

Articles

No abstract provided.


State Control Of Black Mothers, Donna Coker Jan 2012

State Control Of Black Mothers, Donna Coker

Articles

No abstract provided.


Beyond Separation In Federalism Enforcement: Medicaid Expansion, Coercion, And The Norm Of Engagement, Charlton C. Copeland Jan 2012

Beyond Separation In Federalism Enforcement: Medicaid Expansion, Coercion, And The Norm Of Engagement, Charlton C. Copeland

Articles

National Federation of Independent Business v. Sebelius may be known, in both the popular and academic commentaries, as the case about the Affordable Care Act's Individual Mandate provision. History may record it as one of the most significant cases in the jurisprudence of cooperative federalism. In invalidating part of the Medicaid Expansion provision, the Roberts Court became the first to invalidate a federal spending statute as unconstitutionally coercive of state governments. This decision has the potential to impact federal-state cooperative arrangements such as No Child Left Behind, and others far beyond the health care context.

This Article argues that ...