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Full-Text Articles in Law

Corporation Law After Enron: The Possibility Of A Capitalist Reimagination, David A. Westbrook Nov 2003

Corporation Law After Enron: The Possibility Of A Capitalist Reimagination, David A. Westbrook

Journal Articles

No abstract provided.


State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner Jun 2003

State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner

Journal Articles

In the American legal order, constitutional rights are conventionally understood to apply to and restrain the level of government created by the constitution in which those rights appear. Thus, individual rights in a lower-order constitution are understood to apply solely to the lower level government and to have no relevance to the actions of any higher level of government. This article challenges the conventional understanding by arguing that individual rights appearing in state constitutions can in many circumstances play a meaningful role in restraining the exercise of national power. Specifically, the identification and enforcement of state constitutional rights can serve …


Creating An Information Commons, James G. Milles May 2003

Creating An Information Commons, James G. Milles

Journal Articles

No abstract provided.


But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel Apr 2003

But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel

Journal Articles

No abstract provided.


Pierre Schlag And The Temple Of Boredom, David A. Westbrook Apr 2003

Pierre Schlag And The Temple Of Boredom, David A. Westbrook

Journal Articles

No abstract provided.


Bhartia Hijro Ka Dharma: The Code Of India's Hijra, Joseph T. Bockrath Jan 2003

Bhartia Hijro Ka Dharma: The Code Of India's Hijra, Joseph T. Bockrath

Journal Articles

No abstract provided.


Diversity: Do You Really Want It?, Angela Mae Kupenda Jan 2003

Diversity: Do You Really Want It?, Angela Mae Kupenda

Journal Articles

Diversity. Do you really want it? In many of the diversity workshops I have attended, the facilitators assume that the answer is yes and set out to help the educational institution acquire more diversity. But given continuing fears and prejudices in our society, this is a mistaken, and perhaps premature assumption. Yet, when you are asked, as an educator or administrator, whether you want students of different races and colors, from varying socio-economic backgrounds, and with different perspectives, your response may be that "wanting" is irrelevant. You "need" diversity given our country's changing demographics, your institution's need to generate tuition …


Symposium Introduction: Law, Religion, And Human Rights In Global Perspective, Mark C. Modak-Truran Jan 2003

Symposium Introduction: Law, Religion, And Human Rights In Global Perspective, Mark C. Modak-Truran

Journal Articles

The essays and articles in this Symposium highlight the importance of religion for properly understanding the nature of law, feminism, globalization, human rights, international legal history, and judicial decision making. These essays and articles also challenge the academy to accept a more sophisticated understanding of religion and to understand its importance for all academic inquiry.


On Teaching Constitutional Law When My Race Is In Their Face, Angela Mae Kupenda Jan 2003

On Teaching Constitutional Law When My Race Is In Their Face, Angela Mae Kupenda

Journal Articles

Constitutional Law is one of my favorite subjects to teach. You see, I am a 45-year-old southern-born, black woman who not only studies constitutional law, I lived it. I attended separate and unequal schools, survived freedom of choice programs, suffered Jim Crow laws, and was a beneficiary of consent decrees and affirmative action programs. I love discussing and debating issues relating to race, gender, etc. I love constitutional law, but many of my students do not love the subject or, perhaps, care for hearing about my related experiences.


Reenchanting International Law, Mark C. Modak-Truran Jan 2003

Reenchanting International Law, Mark C. Modak-Truran

Journal Articles

I will argue that international law needs religion because it is indeterminate and that international law should not attempt to resolve legal indeterminancy because this would require establishing an official international religion. Given the limitations of this article, however, I will not attempt to provide a comprehensive normative and descriptive account of law and international law to support this claim." My more modest expectations are to provide a normative theory of law to justify the interpretation of international law in cases in which international law is indeterminate.


Book Review, Mark C. Modak-Truran Jan 2003

Book Review, Mark C. Modak-Truran

Journal Articles

While Bauman provides persuasive rebuttals to many of the CLS criticisms of liberalism, contemporary liberalism suffers from some of the same shortcomings Bauman observes about CLS. For example, Bauman criticizes CLS for not having a conceptual foundation (an external standard of truth) to demystify the liberal legal consciousness claimed to be inherent in the law. Bauman also argues that contemporary liberal theorists, like John Rawls, avoid the “comprehensive metaphysical or ontological framework” (p.30), held to be incoherent by CLS. However, Bauman fails to realize that Rawls similarly lacks a conceptual foundation to justify his “political not metaphysical” form of political …


The Duty To “Expect The Unexpected”: Mitigating Extreme Natural Threats To The Global Commons Such As Asteroid Impacts With The Earth, Evan R. Seamone Jan 2003

The Duty To “Expect The Unexpected”: Mitigating Extreme Natural Threats To The Global Commons Such As Asteroid Impacts With The Earth, Evan R. Seamone

Journal Articles

This Article develops a framework to govern the interactions of nations cooperating to mitigate the threat of unexpected natural disasters that potentially could affect them all. It uses asteroid impact with the Earth as the representative example because this is an "unusual and extreme" disaster that has created difficulty for lawmakers due to its many unanswerable questions. By explaining a number of the legal requirements necessary to mitigate such threats, this Article identifies legal principles that apply equally to natural threats throughout the global commons. The law involved in this analysis arises, in great part, from the judicial recognition of …


Comment: Dna As Property: Implications On The Constitutionality Of Dna Dragnets, Jonathan Will Jan 2003

Comment: Dna As Property: Implications On The Constitutionality Of Dna Dragnets, Jonathan Will

Journal Articles

This comment will argue that when the state seeks to deprive a person of his or her DNA, greater constitutional protections than are currently afforded dragnets must be provided. Part I will discuss the unique properties of DNA, the information contained therein and why it should be constitutionally protected. Part II will briefly trace the history of DNA dragnets, including the practical and procedural uses in worldwide criminal investigations. Part III will explore current law and commentary regarding Fourth Amendment privacy interests in one’s DNA. Part IV will argue that DNA constitutes personal property, and finally, Part V will show …


License To Harass Women: Requiring Hostile Environment Sexual Harassment To Be “Severe Or Pervasive” Discriminates Among “Terms And Conditions Of Employment, Judith J. Johnson Jan 2003

License To Harass Women: Requiring Hostile Environment Sexual Harassment To Be “Severe Or Pervasive” Discriminates Among “Terms And Conditions Of Employment, Judith J. Johnson

Journal Articles

Title VII was intended to remedy discrimination; thus, it is ironic that the courts themselves discriminate among "terms and conditions of employment" by treating hostile environment discrimination less favorably, most commonly in sexual harassment cases. As the Supreme Court said in its first sexual harassment case, hostile environment harassment must be "severe or pervasive" to be actionable. However, many lower courts have used this language to excuse harassment against women. This Article suggests that the problem originates in the Court's continued use of the phrase "severe or pervasive" to describe actionable conduct. This rather dramatic terminology in fact overstates the …


Mcdonnell Douglas, 1973-2003: May You Rest In Peace?, William Corbett Jan 2003

Mcdonnell Douglas, 1973-2003: May You Rest In Peace?, William Corbett

Journal Articles

No abstract provided.


Proposals To Expel Palestinians From The Occupied Territories As Catalyst For A Civil Adjudication Campaign, Catherine A. Rogers Jan 2003

Proposals To Expel Palestinians From The Occupied Territories As Catalyst For A Civil Adjudication Campaign, Catherine A. Rogers

Journal Articles

I begin in Part II with a brief sketch of the history of stated policies to expel Palestinians from what is now Israel and the Occupied Territories, and then examine recent proposals that have been made and actions that have been taken to implement modern re-articulations of those historic policies. In Part III, I then review the grounds on which international law proscribes mass expulsions of indigenous and occupied peoples. While international law governing this issue is clear in its application and has been overwhelmingly endorsed by the larger international community, international law seems to have little influence on Israel's …


The Case For Tax Sparing Along With Expanding And Limiting The Subpart F Regime, Samuel C. Thompson Jr. Jan 2003

The Case For Tax Sparing Along With Expanding And Limiting The Subpart F Regime, Samuel C. Thompson Jr.

Journal Articles

No abstract provided.


The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor C. Romero Jan 2003

The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor C. Romero

Journal Articles

Leading civil rights advocates today lament the degree to which current immigration law fails to maintain family unity. The recent passage of the Child Citizenship Act of 2000 is a rare bipartisan step in the right direction because it grants automatic citizenship to foreign-born children of U.S. citizens upon receipt of their permanent resident status and finalization of their adoption. Congress now has before it the Family Reunification Act of 2001, which aims to restore certain procedural safeguards relaxed in 1996 to ensure that foreign-born parents are not summarily separated from their children, many of whom may be U.S. citizens. …


Choosing The Genetic Makeup Of Children: Our Eugenics Past-Present, And Future?, Michael J. Malinowski Jan 2003

Choosing The Genetic Makeup Of Children: Our Eugenics Past-Present, And Future?, Michael J. Malinowski

Journal Articles

No abstract provided.


Law On Remote Islands: The Convergence Of Fact And Fiction, Joseph Bockrath Jan 2003

Law On Remote Islands: The Convergence Of Fact And Fiction, Joseph Bockrath

Journal Articles

No abstract provided.


"We Don't Want Advantages": The Woman Lawyer And Her Quest For Power In Popular Culture, Christine Corcos Jan 2003

"We Don't Want Advantages": The Woman Lawyer And Her Quest For Power In Popular Culture, Christine Corcos

Journal Articles

No abstract provided.


Triptych: Three Meditations On How Law Rules After Globalization, David A. Westbrook Jan 2003

Triptych: Three Meditations On How Law Rules After Globalization, David A. Westbrook

Journal Articles

No abstract provided.


Legal Separation: The Relationship Between Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew Jan 2003

Legal Separation: The Relationship Between Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew

Journal Articles

Using Yale Law School as an example, this Article describes the interaction between university-affiliated law schools and the larger university during a crucial period in the development of legal education: the last third of the nineteenth century. At the same time, the Article contrasts Yale with other law schools of the day to show what made Yale unique and how Yale’s nineteenth-century idiosyncrasies would come to shape legal education at other schools in the twentieth century. Part I examines the university administration’s attitude toward the law school and how it typified law school-university relations in the late nineteenth century. Part …


Small Town Trash: A Model Comprehensive Solid Waste Ordinance For Rural Areas Of The United States, Kim Diana Connolly Jan 2003

Small Town Trash: A Model Comprehensive Solid Waste Ordinance For Rural Areas Of The United States, Kim Diana Connolly

Journal Articles

No abstract provided.


A Retrospective On Lucas V. South Carolina Coastal Council: Public Policy Implications For The 21st Century, Kim Diana Connolly Jan 2003

A Retrospective On Lucas V. South Carolina Coastal Council: Public Policy Implications For The 21st Century, Kim Diana Connolly

Journal Articles

No abstract provided.


Reforming Child Protection In Response To The Catholic Church Child Sexual Abuse Scandal, Susan Vivian Mangold Jan 2003

Reforming Child Protection In Response To The Catholic Church Child Sexual Abuse Scandal, Susan Vivian Mangold

Journal Articles

No abstract provided.


Caring For Workers (Symposium On Law, Labor, And Gender), Martha T. Mccluskey Jan 2003

Caring For Workers (Symposium On Law, Labor, And Gender), Martha T. Mccluskey

Journal Articles

No abstract provided.


Promoting Children's Interest Through A Responsible Research Agenda, Margaret F. Brinig Jan 2003

Promoting Children's Interest Through A Responsible Research Agenda, Margaret F. Brinig

Journal Articles

I deeply wish to see more good empirical work in family law. If our system had all of the money in the world, I would wish to spend it to guarantee happy, healthy children. But since resources are scarce, and children's issues must compete with other interests that range from national security to care for the elderly, I would suggest spending a relatively modest amount to determine what programs would likely prove successful.

Usually public policy follows from the wishes of adults. In family law, this occurs although virtually all the legislation dealing with families and children begins with a …


Wrongful Conviction, Lawyer Incompetence And English Law - Some Recent Themes, Geoffrey Bennett Jan 2003

Wrongful Conviction, Lawyer Incompetence And English Law - Some Recent Themes, Geoffrey Bennett

Journal Articles

Viewed from a distance the outward appearances of the English Legal System might look reassuringly stable. In fact, nothing could be further from the case. During the last ten years almost every facet of the system, even the constitutional order, has been radically overhauled, or at least significantly modified. The whole system of civil procedure has been recast, after over a hundred years of relatively little major modification, in an attempt to simplify and expedite proceedings with a new emphasis on judicial case management. Perhaps most important of all, the Human Rights Act 1998, which has been effective from October …


New Opportunities For Obtaining And Using Litigation Reserves And Disclosures, Matthew J. Barrett Jan 2003

New Opportunities For Obtaining And Using Litigation Reserves And Disclosures, Matthew J. Barrett

Journal Articles

Following the publication of Opportunities for Obtaining and Using Litigation Reserves and Disclosures, which highlighted the helpful information about litigation reserves that a litigator can often detect or discover from an opponent's financial statements, accounting books and records, tax returns, public filings with the Securities and Exchange Commission (the SEC), and auditor, two important regulatory developments occurred in early 2003 that create additional opportunities to obtain information about an opponent's assessments of (i) expected liability in the underlying case or (ii) obligations or settlements in similar cases. First, pursuant to the Sarbanes-Oxley Act of 2002, the SEC issued final regulations …