Law Commons^™

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 …

Working For (Virtually) Minimum Wage: Applying The Fair Labor Standards Act In Cyberspace, Miriam A. Cherry

Faculty Publications

(Excerpt)

When Congress passed the Fair Labor Standards Act ("FLSA")' in 1938 to help relieve the downward spiral of wages in the Great Depression, America's workers commonly showed up to an employer's place of business, leaving little doubt if they were "working" and thus entitled to the statute's minimum wage. Times, and technologies, have changed. With modem computers, individuals often perform work on someone else's behalf while sitting at home, using not their employer's factory machinery, but rather a computer they purchased for themselves, as well as their own Internet connection. The work is often engaging and is far more …

We Can Work It Out: Entertaining A Dispute Resolution System Design For Bankruptcy Court, Elayne E. Greenberg

Faculty Publications

On October 2, 2009, dispute resolution scholars and bankruptcy court jurists courageously began the difficult conversation about the feasibility of an expanded dispute resolution system design for bankruptcy court. This commentary distills that conversation through a dispute resolution system design lens. Dispute resolution system design offers a framework for organizations to more effectively manage and resolve recurring conflicts. The design of a dispute resolution system requires clarifying ideas, elucidating values, prioritizing goals, considering options and incorporating that information into a more workable process to respond to conflict. All the while, the stakeholders and dispute resolution designers work together to clarify, …

Representation Reinforcement: A Legislative Solution To A Legislative Process Problem, Anita S. Krishnakumar

Faculty Publications

One of the most valuable—and disturbing—insights offered by public choice theory has been the recognition that wealthy, well-organized interests with narrow, intense preferences often dominate the legislative process while diffuse, unorganized interests go under-represented. Responding to this insight, legal scholars in the fields of statutory interpretation and administrative law have suggested that the solution to the problem of representational inequality lies with the courts. Indeed, over the past two decades, scholars in these fields have offered up a host of John Hart Ely-inspired representation reinforcing "canons of construction," designed to encourage judges to use their role as statutory interpreters to …

The Hidden Legacy Of Holy Trinity Church: The Unique National Institution Canon, Anita S. Krishnakumar

Faculty Publications

This Article explores an underappreciated legacy of the Supreme Court's (in)famous decision in Church of the Holy Trinity v. United States. Although Holy Trinity has been much discussed in the academic literature and in judicial opinions, the discussion thus far has focused almost exclusively on the first half of the Court's opinion—which declares that the "spirit" of a statute should trump its "letter"—and relies on legislative history to help divine that spirit. Scholars and jurists have paid little, if any, attention to the opinion's lengthy second half. In that second half, the Court tells a detailed narrative about the country's …

The Jelly Beaner Challenge: How Attorneys Serving As Neutrals Identify And Coordinate The Ethical Mandates Of The 2009 Rules Of Professional Conduct With The Ethical Mandates Of Dispute Resolution, Elayne E. Greenberg

Faculty Publications

(Excerpt)

Many of us may remember as children trying to master the coordination game Jelly Beaner, a joust in which the player is challenged to pat his or her head up and down with one hand while simultaneously rubbing his or her belly in a circular pattern with the other hand. Competing movements, but with practice even those less coordinated can master how to synchronize their hands and play the game. So, too, those of us who are lawyers serving as neutrals are now engaging in a variant of the Jelly Beaner Challenge when it comes to discerning ethical behavior. …

Government Investment In Banks: Creeping Nationalization Or Prudent, Temporary Aid, Lissa Lamkin Broome

Faculty Publications

No abstract provided.

Gene Patents And The Product Of Nature Doctrine, John M. Conley

Faculty Publications

No abstract provided.

The Debt Financing Of Parenthood, Melissa B. Jacoby

Faculty Publications

No abstract provided.

The Special Threat Of Informants To The Innocent Who Are Not Innocents: Producing "First Drafts," Recording Incentives, And Taking A Fresh Look At The Evidence, Robert P. Mosteller

Faculty Publications

No abstract provided.

At The End Of The Clinical Trial: Does Access To Investigational Technology End As Well?, Richard S. Saver

Faculty Publications

No abstract provided.

Allowing Perpetuities In North Carolina, John V. Orth

Faculty Publications

No abstract provided.

In Re Tenancy By The Entirety-Married Couples, Common Law Marriages, And Same-Sex Partners: Orth V. Orth, John V. Orth

Faculty Publications

No abstract provided.

The Jena Six, Mass Incarceration, And The Remoralization Of Civil Rights, Joseph E. Kennedy

Faculty Publications

No abstract provided.

Giles V. California: Avoiding Serious Damage To Crawford's Limited Revolution, Robert P. Mosteller

Faculty Publications

No abstract provided.