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Articles 211 - 240 of 258
Full-Text Articles in Law
Reconstituting Japanese Law: International Norms And Domestic Litigation, Timothy Webster
Reconstituting Japanese Law: International Norms And Domestic Litigation, Timothy Webster
Faculty Publications
This paper examines a number of lawsuits challenging racial discrimination in Japan’s private sector. Since Japan does not have a law banning private acts of racial discrimination, victims of racial discrimination invoke international human rights law to buttress their claims for compensation. I argue that Japanese judges are, by and large, receptive to these international law claims, but that the system for adjudicating racial discrimination disputes is inadequate. Specifically, a law that bans private acts of racial discrimination would put Japan in line with recently emergent global norms of equality.
The Alien Invasion, Ediberto Román
The Alien Invasion, Ediberto Román
Faculty Publications
Bill Gates, founder of Microsoft, repeatedly complains about strict immigration policies' impact on the ability for businesses to hire skilled workers. In terms of other sectors of the economy, an American Farm Bureau Federation study notes that "if agriculture's access to migrant labor were cut off, as much as $5- 9 billion in annual production of... commodities.., would be lost in the short term. Over the longer term, this annual loss would increase to $6.5-12 billion as the shock worked its way through the sector." Preeminent economist John Kenneth Galbraith effectively responded to those who have advocated for closed borders …
The Failed Law Of Latin America, Jorge L. Esquirol
The Failed Law Of Latin America, Jorge L. Esquirol
Faculty Publications
No abstract provided.
Irrational Exuberance For Babies: The Taste For Heterosexuality And Its Conspicuous Reproduction, Jose M. Gabilondo
Irrational Exuberance For Babies: The Taste For Heterosexuality And Its Conspicuous Reproduction, Jose M. Gabilondo
Faculty Publications
This article targets a flying buttress of normative heterosexuality: its physical reproduction via procreation and its symbolic propagation through parents' pre-natal preferences for heterosexuality in future children. While the parental "taste for heterosexuality" is often asserted for the sake of future children themselves, this justification overlooks the role of parental self-interest, including anticipated social gains to parents from heterosexuality in children. Hence the taste sets the stage both for sexual orientation-based abuse of future children and the devaluation of sexual minority adults. Courts too have a taste for heterosexuality, shown here in two state court cases denying gays and lesbians …
The Future Of The Economic Analysis Of Law In Latin America: A Proposal For Model Codes, Juan Javier Del Granado, M C. Mirow
The Future Of The Economic Analysis Of Law In Latin America: A Proposal For Model Codes, Juan Javier Del Granado, M C. Mirow
Faculty Publications
Nothing excites civilian lawyers and judges more than commissions for codification. Codification is more than an academic enterprise. Codification projects directly cut across the interface between law and life. ALACDE intends to harness this Latin American interest in codification to bring the economic approach to Latin America. A new-generation law and economics civil and commercial code will be a conscious project to restate Roman law's usefulness for coping with today's problems. Through law and economics, Roman law will renew itself. As a paradigmatic private-law system, Roman law is eminently amenable to a state-of-the-art fusion with law and economics. Sensitivity to …
Video Evidence And Summary Judgment: The Procedure Of Scott V. Harris, Howard Wasserman
Video Evidence And Summary Judgment: The Procedure Of Scott V. Harris, Howard Wasserman
Faculty Publications
In Scott v. Harris (2007), the Supreme Court granted summary judgment on a Fourth Amendment excessive-force claim brought by a motorist injured when a pursuing law-enforcement officer terminated a high-speed pursuit by bumping the plaintiff's car. The Court relied almost exclusively on a video of the chase captured from the officer's dash-mounted camera and disregarded witness testimony that contradicted the video. In granting summary judgment in this circumstance, the Court fell sway to the myth of video evidence as able to speak for itself, as an objective, unambiguous, and singularly accurate depiction of real-world events, not subject to any interpretation …
License To Harass: Holding Defendants Accountable For Retaining Recidivist Harassers, Kerri Lynn Stone
License To Harass: Holding Defendants Accountable For Retaining Recidivist Harassers, Kerri Lynn Stone
Faculty Publications
Harassment victims who suffer a "tangible employment action," which the Supreme Court defines as a "significant change in employment status such as hiring, firing, failure to promote, reassignment, or a decision causing a significant change in benefits," enjoy unfettered recourse when they sue their employers. However, victims who do not endure what a court will deem a "tangible employment action" will have their prima facie case of harassment then rendered vulnerable to the interposition of an affirmative defense by a defendant-employer, who will escape liability if it can show "(a) that the employer exercised reasonable care to prevent and correct …
Ashes To Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation And Cremated Remains, Eloisa Rodriguez-Dod
Ashes To Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation And Cremated Remains, Eloisa Rodriguez-Dod
Faculty Publications
One should plan for unassuming post-mortem issues, as most state laws do not provide a complete framework when there is no testamentary instruction by the deceased. Judicial determination is often needed, however reported opinions are scarce. Final disposition issues also arise in foreign law. Spain has no civil code regarding disposition of a deceased but delegates its funerary laws to local governments and autonomous communities, while the French have established an order of priority for funerary decisions and provide for a judicial determination and stay of the funerary process in case of dispute.
The author gives a brief history of …
The Politics Of Policing: Ensuring Stakeholder Collaboration In The Federal Reform Of Local Law Enforcement Agencies, Kami Chavis Simmons
The Politics Of Policing: Ensuring Stakeholder Collaboration In The Federal Reform Of Local Law Enforcement Agencies, Kami Chavis Simmons
Faculty Publications
Title 42 U.S. C. § 14141 authorizes the United States Department of Justice ("DOJ") to seek injunctive relief against local law enforcement agencies to eliminate a pattern or practice of unconstitutional conduct by these agencies. Rather than initiate lawsuits to reform these agencies, DOJ's current strategy is to negotiate reforms using a process that involves only DOJ representatives, municipality officials, and police management officials. While there are many benefits of negotiating the reforms, the current process excludes important stakeholders directly impacted by the reforms, including community members, who are the consumers of police services, and the rank-and-file police officers, whom …
Carrying A Good Joke Too Far, Peter A. Alces, Jason M. Hopkins
Carrying A Good Joke Too Far, Peter A. Alces, Jason M. Hopkins
Faculty Publications
No abstract provided.
Stakeholder Governance: A Bad Idea Getting Worse, George W. Dent
Stakeholder Governance: A Bad Idea Getting Worse, George W. Dent
Faculty Publications
Calls for a stakeholder voice in corporate governance never end, as evidenced by the Symposium Corporations and Their Communities to which this paper is a contribution. The demise of labor unions and explosion of executive compensation while the income of most Americans has stagnated over the last several years has precipitated cries for remedial action, some of which include stakeholder governance. Although complaints about deepening inequality are just, other remedies should be pursued. The traditional objections to stakeholder governance remain valid: the interests of stakeholder groups clash not only with those of the shareholders but also with each other, and …
Introduction: Corporations And Their Communities, Robert N. Strassfeld
Introduction: Corporations And Their Communities, Robert N. Strassfeld
Faculty Publications
No abstract provided.
An Uncertain Privilege: Implied Waiver And The Eviseration Of The Psychotherapist Patient Privilege In The Feral Courts, Deirdre M. Smith
An Uncertain Privilege: Implied Waiver And The Eviseration Of The Psychotherapist Patient Privilege In The Feral Courts, Deirdre M. Smith
Faculty Publications
Twelve years ago in Jaffee v. Redmond, 518 U.S. 1 (1996), the United States Supreme Court first recognized a federal common law psychotherapist-patient privilege and held that federal courts must protect confidential communications arising in psychotherapy despite the "likely evidentiary benefit" of such communications. This article examines the sharply conflicting authority in the federal courts that has developed since that landmark decision on the question of whether a plaintiff to a civil lawsuit waives the psychotherapist-patient privilege merely by seeking emotional distress damages. The federal courts' inconsistent and unprincipled approaches to this question renders the privilege itself nearly illusory and …
Freedom And Servitude In The Public Order Of The Oceans: A Review Of Navigational Servitudes: Sources, Applications, Paradigms By Ralph J. Gillis, Charles H. Norchi
Freedom And Servitude In The Public Order Of The Oceans: A Review Of Navigational Servitudes: Sources, Applications, Paradigms By Ralph J. Gillis, Charles H. Norchi
Faculty Publications
A review of a work on navigation as a public right by Ralph J. Gillis.
The Legal Architecture Of Nation-Building: An Introduction, Charles H. Norchi
The Legal Architecture Of Nation-Building: An Introduction, Charles H. Norchi
Faculty Publications
The fundamental question here is how to bring a population from a condition of hopelessness to one of self-governance, sustainable growth, and viable participation in the world community. The aim of this Symposium is to stimulate thinking about those questions by exploring whether there is a discernible legal architecture of nation-building.
Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton
Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton
Faculty Publications
No abstract provided.
Personal Integration And Outsider Status As Factors In Law Student Well-Being, Susan Grover
Personal Integration And Outsider Status As Factors In Law Student Well-Being, Susan Grover
Faculty Publications
No abstract provided.
The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer
The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer
Faculty Publications
No abstract provided.
Narcissism, Over-Optimism, Fear, Anger, And Depression: The Interior Lives Of Corporate Leaders, Jayne W. Barnard
Narcissism, Over-Optimism, Fear, Anger, And Depression: The Interior Lives Of Corporate Leaders, Jayne W. Barnard
Faculty Publications
No abstract provided.
Unintelligent Design In Contract, Peter A. Alces
Unintelligent Design In Contract, Peter A. Alces
Faculty Publications
Scholars have expended considerable energy in the effort to "discover" a normative theory of Contract. This Article surveys that effort and concludes that something fundamental about Contract has been missed and has frustrated the search from the outset. Succinctly, Contract doctrine resists the neat formulation theory requires. Theorists' perspectives on Contract may be generalized as attempts to impute either deontology or consequentialism to the Contract law. Focusing largely on deontological constructions of Contract, this Article demonstrates the inconsistencies among the extant heuristics-promise, reliance, and transfer-and more importantly, the failure of any of those constructions to provide a coherent explanation of …
Turning Stones Of Hope Into Boulders Of Resistance: The First And Last Task Of Social Justice Curriculum, Scholarship, And Practice, Derek W. Black
Turning Stones Of Hope Into Boulders Of Resistance: The First And Last Task Of Social Justice Curriculum, Scholarship, And Practice, Derek W. Black
Faculty Publications
The most important and intangible aspect of teaching and practicing social justice law is retaining the hope that our efforts can translate into progressive results. At times, professors’ approaches to the subject of social justice tend toward pessimism that can have unintended negative effects on students. Thus, this Article calls on social justice professors to explicitly teach hope and, moreover, to produce practical scholarship on pressing legal issues that will help students keep hope once they leave school. This Article begins by exploring the theme of hope in John O. Calmore’s scholarship and how it interrelates with his project of …
Framework For The Next Civil Rights Act: What Tort Concepts Reveal About Goals, Results, And Standards, Derek W. Black
Framework For The Next Civil Rights Act: What Tort Concepts Reveal About Goals, Results, And Standards, Derek W. Black
Faculty Publications
This article anticipates that the next president and the current Congress will likely pursue civil rights legislation for the first time since 1991. Their most significant and difficult task will be determining whether to retain the Supreme Court’s intentional discrimination standard. Because this issue has so often led to polemic debates and court decisions in the past, this article attempts to provide a neutral framework for that discussion. Relying on tort concepts and their longstanding connection to constitutional torts, it demonstrates that the attempt to create a standard to prohibit immoral or “wrongful” conduct is both misguided and will prove …
Children, Kin And Court: Designing Third Party Custody Policy To Protect Children, Third Parties And Parents, Josh Gupta-Kagan
Children, Kin And Court: Designing Third Party Custody Policy To Protect Children, Third Parties And Parents, Josh Gupta-Kagan
Faculty Publications
No abstract provided.
Clarity And The Federal Rules Of Civil Procedure: A Lesson From The Style Project, Lisa A. Eichhorn
Clarity And The Federal Rules Of Civil Procedure: A Lesson From The Style Project, Lisa A. Eichhorn
Faculty Publications
No abstract provided.
When Do Facts Persuade? Some Thoughts On The Market For “Empirical Legal Studies”, Elizabeth Chambliss
When Do Facts Persuade? Some Thoughts On The Market For “Empirical Legal Studies”, Elizabeth Chambliss
Faculty Publications
No abstract provided.
Educating At The Crossroads: Parents Involved, No Child Left Behind And School Choice, Danielle R. Holley-Walker
Educating At The Crossroads: Parents Involved, No Child Left Behind And School Choice, Danielle R. Holley-Walker
Faculty Publications
No abstract provided.
Unintended Consequences: Why Congress Should Tread Lightly When Entering The Field Of Family Law, Elizabeth G. Patterson
Unintended Consequences: Why Congress Should Tread Lightly When Entering The Field Of Family Law, Elizabeth G. Patterson
Faculty Publications
No abstract provided.
Lessons Learned: Transferring The European Union's Experiences With Energy Efficiency Policy To China, Shelley Welton
Lessons Learned: Transferring The European Union's Experiences With Energy Efficiency Policy To China, Shelley Welton
Faculty Publications
No abstract provided.
From The States Up: Building A National Renewable Energy Policy, Shelley Welton
From The States Up: Building A National Renewable Energy Policy, Shelley Welton
Faculty Publications
No abstract provided.
The Law Of Termination: Doing More With Less, Jeffrey M. Hirsch
The Law Of Termination: Doing More With Less, Jeffrey M. Hirsch
Faculty Publications
No abstract provided.