Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Journal Articles

1999

Discipline
Institution
Keyword

Articles 1 - 30 of 53

Full-Text Articles in Law

The "Original Intent" Of The Federal Tax Treatment Of Private Pension Plans, James A. Wooten Dec 1999

The "Original Intent" Of The Federal Tax Treatment Of Private Pension Plans, James A. Wooten

Journal Articles

No abstract provided.


The Convergence Of The Critical Race Theory Workshop With Latcrit Theory: A History, Stephanie L. Phillips Jul 1999

The Convergence Of The Critical Race Theory Workshop With Latcrit Theory: A History, Stephanie L. Phillips

Journal Articles

No abstract provided.


Shifting Bottoms And Rotating Centers: Reflections On Latcrit Iii And The Black/White Paradigm, Athena D. Mutua Jul 1999

Shifting Bottoms And Rotating Centers: Reflections On Latcrit Iii And The Black/White Paradigm, Athena D. Mutua

Journal Articles

This essay chronicles my participation at the LatCrit III Conference and examines some of the issues raised. It touches on battles that rage within our efforts to build coalitions across boundaries of race and ethnicity, and it poses questions of centers, bottoms, and models.

Specifically, it asks: What group should be at the center of a given study or enterprise? Whose faces are at the bottom of the well and What model shall we use to analyze a given situation? The questions are complex, but LatCrit is attempting to address these complexities, not only in theory but in practice. Institutionally, …


Stop Me Before I Quantify Again: The Role Of Political Science In The Study Of Election Law, James A. Gardner Jun 1999

Stop Me Before I Quantify Again: The Role Of Political Science In The Study Of Election Law, James A. Gardner

Journal Articles

No abstract provided.


The African Human Rights Court: A Two-Legged Stool?, Makau Mutua May 1999

The African Human Rights Court: A Two-Legged Stool?, Makau Mutua

Journal Articles

This article examines the African continental human rights system that is built on the African Charter on Human and Peoples’ Rights. It pays particular attention to the deficits of that system and argues that the establishment of the African Court on Human and Peoples’ Rights – a judicial body meant to strengthen the protection of human rights in Africa – falls far short. It exposes the normative and structural shortcomings that render the court virtually meaningless. It concludes that the court serves very little purpose except to address the enormous human rights challenges facing Africa.


Oppression, Lies, And The Dream Of Autonomy, Judy Scales-Trent Mar 1999

Oppression, Lies, And The Dream Of Autonomy, Judy Scales-Trent

Journal Articles

No abstract provided.


Administrative Takings: A Realist Perspective On The Practice And Theory Of Regulatory Takings Cases, David A. Westbrook Mar 1999

Administrative Takings: A Realist Perspective On The Practice And Theory Of Regulatory Takings Cases, David A. Westbrook

Journal Articles

No abstract provided.


The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented?, Jeffrey Rosen, James A. Gardner, Gary Peller, Edward Still, Brenda Wright Feb 1999

The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented?, Jeffrey Rosen, James A. Gardner, Gary Peller, Edward Still, Brenda Wright

Journal Articles

No abstract provided.


Book Review, Mark C. Modak-Truran Jan 1999

Book Review, Mark C. Modak-Truran

Journal Articles

This book not only represents the culmination of Michael J. Perry’s thoughtful and important deliberation (two other books and numerous articles) on the proper relation of morality (especially religious morality) to politics and law, but it also presents arguments that are very accessible to those in religious studies, philosophy, political science, and law.


Foreword, Criminal Law Symposium, Matthew Steffey Jan 1999

Foreword, Criminal Law Symposium, Matthew Steffey

Journal Articles

No abstract provided.


A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson Jan 1999

A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson

Journal Articles

The standards for exemplary damages in employment discrimination cases are in disarray. The major federal provisions that prohibit private employment discrimination, Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 1981 ("§ 1981"), the Age Discrimination in Employment Act ("ADEA"), and the Americans with Disabilities Act ("ADA"), all have an indistinguishably worded standard for assessing exemplary damages: "reckless indifference to federally protected rights."


Faragher, Ellerth, And The Federal Law Of Vicarious Liability For Sexual Harassment By Supervisors: Something Lost, Something Gained, And Something To Guard Against, William R. Corbett Jan 1999

Faragher, Ellerth, And The Federal Law Of Vicarious Liability For Sexual Harassment By Supervisors: Something Lost, Something Gained, And Something To Guard Against, William R. Corbett

Journal Articles

In this Essay, the author faces his nightmare exam question: he must define "sexual harassment" to the satisfaction of several potential graders with different perspectives on sexual harassment law. His valiant effort to justify his response leads him to a discussion of the federal law of vicarious liability for sexual harassment by supervisors after the Supreme Court's recent rejection of tort law respondeat superior analysis for such claims under Title VII. The author argues that, while the rejection of the tort standard for vicarious liability in Title VII claims removes the longstanding connection between Title VII law and state tort …


More Lessons From The Laboratories: Cy Pres Distributions In Parens Patriae Antitrust Actions Brought By State Attorneys General, Susan Beth Farmer Jan 1999

More Lessons From The Laboratories: Cy Pres Distributions In Parens Patriae Antitrust Actions Brought By State Attorneys General, Susan Beth Farmer

Journal Articles

The structure of the article is outlined in the Table of Contents. First, the article introduces a problem - the denial of an effective remedy for consumers overcharged by antitrust conspiracies, then it describes the legislative solution and identifies the unintended consequences that followed. Next, it proposes two alternative means to resolve the newly discovered issue and, finally, structures a proposed test for courts seeking to order the most efficient and effective remedy for consumers in these cases. The article explains that the Hart-Scott-Rodino Antitrust Improvements Act was adopted to fill a gap in antitrust remedies, which had made treble …


Broadening Our World: Citizens And Immigrants Of Color In America, Victor C. Romero Jan 1999

Broadening Our World: Citizens And Immigrants Of Color In America, Victor C. Romero

Journal Articles

This article was originally presented at a symposium. The article discusses affirmative action and ways of increasing diversity in higher education.


The Police Power And The Regulation Of Medical Practice: A Historical Review And Guide For Medical Licensing Board Regulation Of Physicians In Erisa-Qualified Managed Care Organizations, Edward P. Richards Jan 1999

The Police Power And The Regulation Of Medical Practice: A Historical Review And Guide For Medical Licensing Board Regulation Of Physicians In Erisa-Qualified Managed Care Organizations, Edward P. Richards

Journal Articles

No abstract provided.


Guarding The Gate To The Courthouse: How Trial Judges Are Using Their Evidentiary Screening Role To Remake Tort Causation Rules, Lucinda M. Finley Jan 1999

Guarding The Gate To The Courthouse: How Trial Judges Are Using Their Evidentiary Screening Role To Remake Tort Causation Rules, Lucinda M. Finley

Journal Articles

The article looks at what trial judges are actually doing in toxic tort cases in the post-Daubert world; it reviews and critiques cases in which judges have in effect adopted a new rule of causation law that requires plaintiffs to rely on epidemiology, and in particular epidemiology that demonostrates an increase in relative risk of 2.0 or greater; the article considers the substantive as well as the normative implications of this legal treatment of epidemiology.


African Women In France: Immigration, Family And Work, Judy Scales-Trent Jan 1999

African Women In France: Immigration, Family And Work, Judy Scales-Trent

Journal Articles

No abstract provided.


Should A Christian Lawyer Sign Up For Simon's Practice Of Justice?, Thomas L. Shaffer Jan 1999

Should A Christian Lawyer Sign Up For Simon's Practice Of Justice?, Thomas L. Shaffer

Journal Articles

In The Practice of Justice, Professor William H. Simon describes justice in a way that differs from the way the Bible describes justice. The big difference is not so much what justice requires (although there is some difference there) as (i) how people decide what justice requires, and (ii) who the "people" are who decide what justice requires. Some of us Christians claim to understand "justice" as the Bible understands it. It may make a difference that, for biblical people, "justice" is righteousness, and righteousness, the Torah teaches, and Rabbi Hillel teaches, and Rabbi Jesus teaches, is practice following upon …


Meet My Mentors -- Janet Wallin And Caroline Heriot, Edmund P. Edmonds Jan 1999

Meet My Mentors -- Janet Wallin And Caroline Heriot, Edmund P. Edmonds

Journal Articles

In this article, Dean Ed Edmonds describes his relationship with two people who mentored him in his career as a legal librarian.


"Meet My Mentor": A Collection Of Personal Reminiscences, Frank G. Houdek, Edmund P. Edmonds Jan 1999

"Meet My Mentor": A Collection Of Personal Reminiscences, Frank G. Houdek, Edmund P. Edmonds

Journal Articles

Contributors describe the mentoring they received as law librarians. Individually the pieces offer fascinating glimpses of individuals and relationships. Collectively, they demonstrate how important - and how varied - the process of mentoring has been and continues to be for the growth and evolution of the profession.


The Erie Doctrine Revisited: How A Conflicts Perspective Can Aid The Analysis, Joseph P. Bauer Jan 1999

The Erie Doctrine Revisited: How A Conflicts Perspective Can Aid The Analysis, Joseph P. Bauer

Journal Articles

I have taught Civil Procedure for the past twenty-five years. Having returned to teaching Conflict of Laws last year, after not having taught that course since the mid-1980s, I was interested in re-examining the Erie doctrine from the vantage point of both of these subject areas. My goal was to see whether a combination of learning from these two related disciplines would introduce additional coherence into the analysis of this topic.

In one sense, the Erie doctrine and traditional choice of law determinations present analogous questions, since they both involve making a selection between competing legal rules. Choice of law …


In Memoriam: Justice Lewis F. Powell, Jr. - A Tribute, Kenneth F. Ripple Jan 1999

In Memoriam: Justice Lewis F. Powell, Jr. - A Tribute, Kenneth F. Ripple

Journal Articles

In remembering Justice Powell, my memory invariably recalls three distinct images from the years I spent at the Supreme Court. Two of these memories are from my own work with him. The other is from my observation of him on the bench. In the days since his death this past autumn, all three have sparked a great deal of reflection about his enduring contribution to our jurisprudence and to our profession.


In Memoriam: Lord Lowry Of Crossgar (1919-1999): A Tribute, John Eric Smithburn Jan 1999

In Memoriam: Lord Lowry Of Crossgar (1919-1999): A Tribute, John Eric Smithburn

Journal Articles

In the Summer of 1985, I participated in a program in London on international judicial education, sponsored by the Judicial Administration Division of the American Bar Association. The keynote speaker for the program was Robert Lowry, The Lord Chief Justice of Northern Ireland. Lord Lowry noted that there was very little judicial training in Britain at the time and that before the 1960s judicial education didn't exist in Britain. In his address, Lord Lowry boldly advocated compulsory judicial education courses for all judges through the Judicial Studies Board. Our mutual interest in the judiciary and the education of judges began …


Plea Bargaining And The Criminal Defendant's Obligation To Plead Guilty, Gerard V. Bradley Jan 1999

Plea Bargaining And The Criminal Defendant's Obligation To Plead Guilty, Gerard V. Bradley

Journal Articles

One criticism of plea bargaining holds that: "So long as defendants routinely expect to receive some form of sentencing consideration in exchange for an admission of guilt, the essence of a system of bargain justice is present."

Taken as a criticism ― that "bargain justice" is defective justice and that the "routine" upon which it depends should be significantly reduced, or eliminated ― this view is quite mistaken. On the assumption (which I believe to be true, but for which I do not argue here) that a large majority of the criminally accused are in reality guilty, many ― and …


The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Vincent D. Rougeau, Keith N. Hylton Jan 1999

The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Vincent D. Rougeau, Keith N. Hylton

Journal Articles

Having just passed the twentieth anniversary of the enactment of the Community Reinvestment Act ("CRA" or "Act"), this is an appropriate time to take stock of the effectiveness of the legislation and to consider whether it continues to be useful as a tool for addressing the problems of neighborhood decline and discrimination in the lending market. Although discrimination in lending and the decline of certain inner-city neighborhoods is a problem that the CRA has not been able to solve, most observers would agree that the situation has improved since the mid-1970s. In particular, there has been notable progress toward the …


Tribute To The Honorable Richard Sheppard Arnold For His Service As Chief Judge Of The United States Court Of Appeals For The Eighth Circuit, Richard W. Garnett Jan 1999

Tribute To The Honorable Richard Sheppard Arnold For His Service As Chief Judge Of The United States Court Of Appeals For The Eighth Circuit, Richard W. Garnett

Journal Articles

The Honorable Richard S. Arnold was appointed by President Carter in October 1978 to the District Bench for the Eastern and Western Districts of Arkansas and elevated to the United States Court of Appeals for the Eighth Circuit in 1980, where he serves with his brother, the Honorable Morris S. Arnold. Judge Richard Arnold served as Chief Judge of the Eighth Circuit from January 8, 1992 to April 17, 1998. A graduate of Yale College and Harvard Law School, Judge Arnold clerked for Justice William Brennan of the United States Supreme Court from 1960-1961. He was an associate at Covington …


The Constitutional Dilemma Of Litigation Under The Independent Counsel System, William K. Kelley Jan 1999

The Constitutional Dilemma Of Litigation Under The Independent Counsel System, William K. Kelley

Journal Articles

The independent counsel system as established by the Ethics in Government Act of 1978 has put different components of the executive branch, such as the President and Department of Justice in the position of litigating against a special counsel. Litigation is not only a bad idea, it also gives rise to a serious constitutional dilemma. It either violates Article III because there is insufficient adversity to support litigation between the parties. Or it violates Article II, by preventing the President and his subordinates from controlling central functions of the executive branch, and places the independent counsel, an inferior officer, in …


Parental Rights And The Ugly Duckling, Margaret F. Brinig, F. H. Buckley Jan 1999

Parental Rights And The Ugly Duckling, Margaret F. Brinig, F. H. Buckley

Journal Articles

Hans Christian Andersen's "The Ugly Duckling" is best remembered for its moral, "To be born in a duck's nest, in a farmyard, is of no consequence to a bird, if it is hatched from a swan's egg." Having read and thought about this story many times, we should like to suggest another, less heart-warming, interpretation. The story of the Ugly Duckling, that most resilient of cygnets, masks the tragedy of children who suffer abuse. Its message, that personal spirit will triumph when a child grows up, misrepresents the experience of many victimized children. If we wait for the child to …


The Icc's New Legal Landscape: The Need To Expand U.S. Domestic Jurisdiction To Prosecute Genocide, War Crimes And Crimes Against Humanity, Douglass Cassel Jan 1999

The Icc's New Legal Landscape: The Need To Expand U.S. Domestic Jurisdiction To Prosecute Genocide, War Crimes And Crimes Against Humanity, Douglass Cassel

Journal Articles

The United States was one of only seven nations to vote against the treaty. The ensuing debate within the United States has properly focused on whether the United States can and should ratify the treaty or, if not, whether as a non-party the United States should support or oppose the new court. Largely overlooked, however, are two separate but related questions: (1) should the existing, incomplete jurisdiction of U.S. courts over crimes within the ICC Statute be expanded to ensure that such crimes may also be prosecuted in U.S. courts, under universal jurisdiction or other bases allowed by international law?; …


Supervisory Liability In Section 1983 Cases, Kit Kinports Jan 1999

Supervisory Liability In Section 1983 Cases, Kit Kinports

Journal Articles

The topic of this presentation is supervisory liability in Section 1983 cases. Assume for present purposes that a plaintiff's constitutional rights have been violated - that some state official has acted in violation of the Constitution. The question to be addressed here is whether that state official's supervisors can be held liable for damages stemming from the constitutional violation.