Law Commons^™

Geographically Sexual?: Advancing Lesbian And Gay Interests Through Proportional Representation, Darren Rosenblum

Faculty Publications

(Excerpt)

In the 1993 New York City School Board elections, a system of proportional representation allowed lesbians and gay men to elect representatives of their choice. In response to the School Board's plan to introduce the Children of the Rainbow Curriculum, the New York City chapter of the Christian Coalition, an organization of the Christian Right, began an opposition campaign with the slogan "No Sodom on the Hudson" that pitted parents of color against so-called “rich white gays.” Having succeeded in forcing the school chancellor's resignation, the Christian Coalition formulated a plan for the takeover of all New York City …

Common Schools, Uncommon Values: Listening To The Voices Of Dissent, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Education in America as we know it today draws its origins from the philosophical perspectives and political objectives of the common school reformers over a century ago. For them, mass education was a primary vehicle for defining ourselves as a nation. Schools would develop civic virtue and a national character through a shared set of values reflected in the school curriculum. The common school experience, offered to all regardless of social class or ethnic background, would assimilate the hordes of immigrants coming to our shores and meet the emerging needs of industrialization. Individuals across the economic spectrum, afforded education …

When Judges Are Gatekeepers: Democracy, Morality, Status, And Empathy In Duty Decisions (Help From Ordinary Citizens), Cheryl L. Wade

Faculty Publications

(Excerpt)

Imagine that you are eighteen and you have just graduated from high school. Even though you have no cognitive disability and have spent twelve years of your life attending public schools, you are functionally illiterate. If your predicament was caused by negligent educators, your action for educational malpractice would be called a "failure to educate" case and it would be denied.

Or, imagine that you enter a public school kindergarten class and you are examined by the school's psychologist. On the basis of a verbal intelligence test, the psychologist concludes that you are mentally retarded. In reality, you have …

Introduction: The Voices And Groups That Will Preserve (What We Can Preserve Of) Judicial Independence, John Q. Barrett

Faculty Publications

As the 1996 election year commenced, the leading issues of the day included welfare reform, late-term abortions, Bosnia, immigration, drugs, taxes, the budget deficit, and the budget impasse that had shut parts of the federal government. The "hot" national issues did not include judicial philosophy, federal judicial appointments, individual judges or particular judicial decisions. Within weeks, however, that changed, thanks to a single judicial opinion. On January 22, 1996, United States District Judge Harold Baer, Jr., decided a pretrial motion to suppress evidence in the then (and now) obscure New York federal drug prosecution of a woman from Detroit named …

Residential Zoning Regulations And The Perpetuation Of Apartheid, Janai S. Nelson

Faculty Publications

In January of 1996, the South African Parliament ratified the long-awaited Land Reform (Labour Tenants) Bill, which has engendered heated controversy since its inception. For many, the success of the Land Reform Bill portends the economic and political future of South Africa and is a gauge of apartheid's vital signs. Without land, most South Africans would remain in the same impoverished and disenfranchised conditions that they were in under the apartheid regime. With land, however, South Africans have an improved chance to achieve economic equality. Land reform and land use have become particularly crucial issues in light of President Mandela's …

The Pentium Papers: A Case Study Of Collective Institutional Investor Activism In Litigation, Joseph A. Grundfest, Michael A. Perino

Faculty Publications

This article suggests that institutional investors have rational incentives to become more active in the litigation arena, but that the current debate is falsely constrained because it rests on the assumption that institutional investors must participate either by (1) assuming the formal role of lead plaintiff, class representative, or intervenor or, (2) not participating at all. This is a false dichotomy because, as this article demonstrates, institutions have available to them a rich array of flexible, informal, and relatively inexpensive mechanisms by which they can make their views known to litigants and courts alike.

Our hypothesis that institutional investor activism …

The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian

Faculty Publications

One hears a great deal these days about the decline of the nation state. The concept of a sovereign country whose inhabitants share a common ancestry or culture is said to be obsolescent, if not already obsolete. Several factors, apparently, are responsible: the creation of supranational institutions like the European Union and the World Trade Organization; the growing influence of nongovernmental organizations; the emergence of a new global economy; and the formation of a worldwide consumer culture, to name just a few. The law, it is argued, must adapt.

The decline of the nation state is, of course, the premise …

Antitrust Liability Premised, Edward D. Cavanagh

Faculty Publications

(Excerpt)

This article will explore potential antitrust liability arising from attempted enforcement of invalid patents or trade secrets known to be invalid. A fundamental tension exists between the law of intellectual property and antitrust law. Federal patent laws and the state law doctrines of trade secrets confer on the holder exclusive rights to exploit an invention or creation and to exclude others from its use. The rationale of the patent laws and state intellectual property laws is to foster innovation and to provide inventors with protection for the fruits of their labor. By contrast, antitrust laws embody a public policy …

Journalists As Professionals: Rethinking The Professional Exemption Under The Fair Labor Standards Act, Edward D. Cavanagh

Faculty Publications

(Excerpt)

This Article examines the question of whether journalists in the print or electronic media are professionals and hence exempt from coverage under the Fair Labor Standards Act of 1938 ("FLSA") or whether they are wage earners and therefore covered by the FLSA. Department of Labor regulations are unclear as to the status of journalists under the FLSA; they recognize that journalists may qualify as professionals but appear to state that most journalists are covered by the FLSA. Those regulations, however, are seriously outdated and out of touch with the modem world of journalism. Promulgated when television was in its …

"I Fought The Law And The Law Won": A Report On Women And Disparate Sentencing In South Dakota, Frank Pommersheim, Christine Hutton, Steve Feimer

Faculty Publications

No abstract provided.

Prairie Haiku: A Series (Poem), Frank Pommersheim

Faculty Publications

No abstract provided.

Tribal Court Jurisprudence: A Snapshot From The Field, Frank Pommersheim

Faculty Publications

No abstract provided.

Tribal Courts: Constitutional Decision Making And An Opportunity For Transformation, Frank Pommersheim

Faculty Publications

No abstract provided.

Institutional Investors, Registration Rights, And The Specter Of Liability Under Section 11 Of The Securities Act Of 1933, Jennifer O'Hare

Faculty Publications

No abstract provided.

The Ghosts Of Homer Plessy, Rodney A. Smolla

Faculty Publications

No abstract provided.

On The Future Of Integration Between Skills And Ethics Teaching: Clinical Legal Education In The Year 2010, James E. Moliterno

Faculty Publications

Twelve years ago Anthony G. Amsterdam looked into the 21st century for a description of clinical legal education. With the decided advantage of being that much closer to the turn of the century, I think I will take a similar stab. This essay is less a contradiction of Amsterdam's predictions than it is a supplement with the advantages of the passage of time. I will adopt his 21st-century perspective and look at clinical legal education from the vantage point of the year 2010.

Responses, Thomas G. Krattenmaker

Faculty Publications

No abstract provided.

God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred

Faculty Publications

No abstract provided.

Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne

Faculty Publications

No abstract provided.

Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, Alan J. Meese

Faculty Publications

No abstract provided.

Sovereign Prerogatives, Jayne W. Barnard

Faculty Publications

No abstract provided.

The First Stone In Retrospect: An Outsider's Observations On The Book And Its Critics, Susan Grover

Faculty Publications

No abstract provided.

Review Of Hibbitts' Last Writes?, I. Trotter Hardy

Faculty Publications

No abstract provided.

Property (And Copyright) In Cyberspace, I. Trotter Hardy

Faculty Publications

No abstract provided.

Criminal Law Defenses, Paul C. Giannelli

Faculty Publications

No abstract provided.

The International Trial Of The Century? A Cross-Fire" Exchange On The First Case Before The Yugoslavia War Crimes Tribunal, Michael P. Scharf, Valerie Epps

Faculty Publications

This Article is an expanded version of a presentation delivered at the Conference of International Law Journals on March 29, 1996, in Washington, D.C.

The United States Criminal Justice System: A Brief Overview, Paul Marcus

Faculty Publications

No abstract provided.

Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone

Faculty Publications

No abstract provided.

Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

The Ancient Doctrine Of Trespass To Web Sites, I. Trotter Hardy

Faculty Publications

No abstract provided.