Law Commons^™

Human Rights Policy In The Age Of Terrorism, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Mavericks, Mergers, And Exclusion: Proving Coordinated Competitive Effects Under The Antitrust Laws, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Empathy, Spring, And Fervorino, Susan Bennett

Articles in Law Reviews & Other Academic Journals

No abstract provided.

When Justice Goes To War: Prosecuting Terrorists Before Military Commissions, Robert K. Goldman, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Extending The Revisionist Project, Lewis Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green

Articles in Law Reviews & Other Academic Journals

This article explores the gendered dimensions of genocidal hate propaganda before and during the Rwandan genocide and proposes that the international tribunal consider these cases with an intersectional approach that attempts to fully appreciate the harm inflicted upon Tutsi women.

An Intimate Portrait Of Peter M. Cicchino, Jamin B. Raskin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Paradox Of Judicial Bypass Proceedings, Jamin B. Raskin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Introduction To The Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Brenda V. Smith, Pamela Bridgewater

Articles in Law Reviews & Other Academic Journals

The gay moment is unavoidable. -Andrew Kopkind

Gay activist, journalist and political commentator Andrew Kopkind made this profound observation at a critical moment in the queer rights movement, in the midst of the March on Washington, pride rallies, queer organizing and the ever strengthening movement to address the AIDS crisis within the queer community. The moment, however, meant different things to participants in the movement. Over the years, the queer or sexual liberation movement transformed itself into a much more equality-based movement with the most energy focused on securing recognition of gay marriage and equal access to the military. As …

Carter's Groundbreaking Appointment Of Women To The Federal Branch: His Other Human Rights Record, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Case Of Awas Tingni V. Nicaragua A Step In The International Law Of Indigenous Peoples, Claudio Grossman, S James Anaya

Articles in Law Reviews & Other Academic Journals

The people of Awas Tingni did not set about to forge an international legal precedent with implications for indigenous peoples throughout the world, yet that is what they have done. Awas Tingni is one of numerous Mayagna, or Sumo, indigenous communities in the isolated Atlantic Coast region of Nicaragua. The Community has sought simply, but doggedly, to be secure in the peaceful possession of traditional lands. It has achieved a major step toward that end, and more. The Community's identity in the minds of outsiders is now merged with that of a landmark case, The Case of the Mayagna (Sumo) …

Introductory Remarks: The Burden Of Judicial Bypass Proceedings, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Disruptive Technology And Common Law Lawmaking: A Brief Analysis Of A&M Records, Inc. V. Napster, Inc., Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

This symposium Article analyzes the Ninth Circuit's decision in A&M Records, Inc. v. Napster, Inc. After setting the stage with a comparison to the rise of cable television, and a description of the technologies underpinning Napster's service, the Article analyzes the doctrinal developments in the Ninth Circuit's opinion. The principal analytical points are that: (1) the court's definitions of "sampling" and "space-shifting" were overbroad, leading to oversimple fair use analysis; (2) the court's treatment of vicarious liablility for copyright infringement is doctrinally incoherent because it suggests that liability depends on whether a third party has "turn[ed] a blind eye" toward …

On The Hijacking Of Agencies (And Airplanes): The Federal Aviation Administration, Agency Capture, And Airline Security, Mark Niles

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Clarence Thomas: The First Ten Years Looking For Consistency, Mark Niles

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Changing The Face Of The Law: How Women's Advocacy Groups Put Women On The Federal Judicial Appointments Agenda, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Casey Skit: A Pedagogical Tool For Interviewing Young Women And Proceeding Through A Judicial Bypass Hearing, Jamin B. Raskin, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Toward A Bridge: The Role Of Legal Academics In The Culture Of Private Practice, Camille Nelson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The World Commission On Dams' Contribution To The Broader Debate On Development Decision-Making, Daniel D. Bradlow

Articles in Law Reviews & Other Academic Journals

In this article, I argue that the protagonists in the sometimes bitter debate about dams that resulted in the establishment of the World Commission on Dams share common perceptions about development decision-making with the protagonists in the debates that have occurred at the local, national, and international level about such issues as natural resource and infrastructure projects, corporate relocations, globalization, and global governance. In this context, 'development decision-making' means the way in which individuals, groups and institutions decide to adopt and then implement policies, programs, and projects that affect the evolution of their own and/or other's social and physical environments. …

The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Clarence Thomas After Ten Years: Some Reflections, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.

James Coolidge Carter And Mugwump Jurisprudence, Lewis Grossman

Articles in Law Reviews & Other Academic Journals

This article examines the thought of James Coolidge Carter, a leading legal theorist, practicing attorney, and political reformer of the Gilded Age, most famous for his resistance to codification. Carter, like many elite legal figures in the late nineteenth century, belonged to the genteel urban political culture known as the Mugwumps. I show how Carter's suspicion of legislators, his faith in courts, his equation of the common law with custom, and his condemnation of legislation inconsistent with custom, reflected his Mugwump world view. I also explore how Carter, like other Mugwumps, struggled to accommodate traditional modes of thought to the …

Magistrate Judges, Article Iii, And The Power To Preside Over Federal Prisoner Section 2255 Proceedings., Ira P. Robbins

Articles in Law Reviews & Other Academic Journals

In 1968, Congress enacted the Federal Magistrates Act to enhance judicial efficiency in the federal courts. Since then, some judicial functions delegated to magistrate judges have been challenged on constitutional grounds: while federal district judges, appointed pursuant to Article III of the United States Constitution, are protected with life tenure and undiminishable salary, thereby enhancing judicial independence, federal magistrate judges, appointed pursuant to Article I, have no such protection. The most recent major challenge to magistrate judge authority came in 2001, when the United States Court of Appeals for the Fifth Circuit, in United States v. Johnston, decided that referral …

Embracing The Ill-Structured Problem In A Community Economic Development Clinic, Susan Bennett

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Little Engines That Could: Community Clients, Their Lawyers, And Training In The Arts Of Democracy, Susan Bennett

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira Robbins

Articles in Law Reviews & Other Academic Journals

INTRODUCTION:In the early hours of April 14, 2000, Robert Lee Tarver died in Alabama's electric chair, even though four Justices of the United States Supreme Court had voted to review the merits of his case. This situation is not unique. Each year, practitioners and pro se litigants alike petition the Supreme Court without fully knowing the rules pursuant to which the Court will decide their client's, or their own, fate. The reason is that the Supreme Court operates under two sets of rules-those that are published and those that are not. The former specify This Article is based on a …

Contradictions, Open Secrets, And Feminist Faith In Enlightenment, Heather Hughes

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Judges often malign exception making as the erosion of legal rules, yet in the same breath sanction the territory that exceptions have eclipsed to date. Judges may embrace as precedent the course of exceptions that has shaped doctrine so far, but then cite the importance of enforcing common law rules to refuse exceptions that would redress violence against women. This paradoxical stance prompts many feminists to target ignorance of violence in women's lives as the source of judicial resistance to establishing exceptions to rules that prevent recovery for women's harms. These feminists call for education, for increased awareness, to …

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.