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Catholic Social Teaching And Global Migration: Bridging The Paradox Of Universal Human Rights And Territorial Self-Determination, Vincent D. Rougeau Dec 2008

Catholic Social Teaching And Global Migration: Bridging The Paradox Of Universal Human Rights And Territorial Self-Determination, Vincent D. Rougeau

Journal Articles

In this essay, I will consider how law, religion, and democratic pluralism revolve around a particular issue: global migration. I use the term global migration to encompass a number of related issues that are often collapsed under the term immigration. In nations that have constructed their identities around waves of settlers or migrants -- places like the United States, Canada, Australia, and New Zealand -- immigration involves the formal reception of foreigners into the host country as potential new citizens. This is just one part of the migration of peoples around the globe. Migration also encompasses emigration, asylum, economic migration,and …


Human Rights And Powerlessness: Pathologies Of Choice And Substance, Makau Mutua Dec 2008

Human Rights And Powerlessness: Pathologies Of Choice And Substance, Makau Mutua

Journal Articles

The human rights corpus is a bundle of pathologies of choice and substance. But these pathologies are ideologically driven and inhere in the human rights movement because of the political choices and biases that are part of the cultural universe of human rights. In particular, the corpus is captive to thin notions of human rights that tend not to challenge deeply embedded social and economic assumptions and systems. The historical narrative of the human rights movement closely parallels the hegemonic rise of the West and hence the movement’s imprisonment in an intellectual project that casts the human being in the …


Introducing Classcrits: Rejecting Class-Blindness, A Critical Legal Analysis Of Economic Inequity, Athena D. Mutua Dec 2008

Introducing Classcrits: Rejecting Class-Blindness, A Critical Legal Analysis Of Economic Inequity, Athena D. Mutua

Journal Articles

In 2007, two workshops at the University at Buffalo launched a project bringing together legal scholars interested in exploring the relationship between law and economic inequality. This article provides an overview of the workshops’ key understandings and discussions. The essay suggests that these understandings, informed by critical legal scholarship, constituted a set of shared assumptions among the participants and informed the groups’ rejection of class blindness, a society-wide blindness to the existence and use of economic power. Discussing some of the functional similarities of gender, race and class blindness, the article argues that feminist and critical race scholars’ critiques of …


Power Of Attorney, Christine Corcos Nov 2008

Power Of Attorney, Christine Corcos

Journal Articles

No doubt exists that the drama/farce Ally McBeal, which ran on the Fox Television Network from 1997 to 2002, was a phenomenal success, at least during its middle years (1998-1999). It sparked numerous fan websites in several countries including one devoted to "fan fiction" (a genre in which devotees of a television series or film try their hands at writing scripts), various product spinoffs, a series spinoff (Ally, a thirty minute version that featured only vignettes, no legal drama) and even a Time magazine article that seriously considered whether Ally represents "the end of feminism." Years after the show went …


In Search Of Sub-National Constitutionalism, James A. Gardner Sep 2008

In Search Of Sub-National Constitutionalism, James A. Gardner

Journal Articles

Two recent trends, one favoring federalism as a form of governmental organization and the other favoring written constitutions, have lately combined to produce an impressive proliferation of subnational constitutions. Documents that can fairly be described as constitutions now govern the affairs of subnational units - states, provinces, cantons, Länder - in federal states on every continent. What remains unclear, however, is whether the proliferation of subnational constitutions indicates a corresponding spread of the practice of subnationalism constitutionalism - whether, that is, the appearance of subnational constitutions around the globe evinces a spreading ideological commitment to a strong role for subnational …


A Localist Reading Of Local Immigration Regulations, Rick Su Sep 2008

A Localist Reading Of Local Immigration Regulations, Rick Su

Journal Articles

The conventional account of immigration-related activity at the local level often assumes that the "local" is simply a new battleground in the national immigration debates. This article questions that presumption. Foregrounding the legal rules that define local governments and channels local action, this article argues that the local immigration "crisis" is much less a consequence of federal immigration policy than normally assumed. Rather, it can also be understood as a familiar byproduct of localism: the legal and cultural assumptions that shape how we structure and organize local communities, provide and allocate local services, and define the legal relationship of local, …


The Culpability Of Felony Murder, Guyora Binder May 2008

The Culpability Of Felony Murder, Guyora Binder

Journal Articles

Legal scholars are almost unanimous in condemning felony murder as a morally indefensible form of strict liability. This Article provides the long-missing principled defense of the felony murder doctrine. It argues that felony murder liability is deserved for killing negligently by means of a violent or apparently dangerous felony involving an additional malign purpose independent of physical injury to the victim killed. This claim follows from the simple idea that the guilt incurred in attacking or endangering others depends on one’s reasons for doing so. The article develops this idea into an expressive theory of culpability that assesses blame for …


Duress, Demanding Heroism And Proportionality, Luis E. Chiesa May 2008

Duress, Demanding Heroism And Proportionality, Luis E. Chiesa

Journal Articles

No abstract provided.


Restoring The Ada And Beyond: Disability In The 21st Century, Robert L. Burgdorf Jan 2008

Restoring The Ada And Beyond: Disability In The 21st Century, Robert L. Burgdorf

Journal Articles

Perhaps it was imprudent for me to agree, in response to the request of the symposium organizers, to address the future of disability law. Nobel Prize-winning physicist Neils Bohr supposedly once said that "[p]rediction is very difficult, especially about the future."' Columnist and author Jim Bishop wrote, "The future is an opaque mirror. Anyone who tries to look into it sees nothing but the dim outlines of an old and worried face." 2 Prognosticating is a very tricky and uncertain undertaking. I cannot pretend to have any particular gift for crystal ball gazing in disability matters. When I joined the …


United States Regulation Of Stem Cell Research: Recasting Government's Role And Questions To Be Resolved, Owen C. B. Hughes, Alan L. Jakimo, Michael J. Malinowski Jan 2008

United States Regulation Of Stem Cell Research: Recasting Government's Role And Questions To Be Resolved, Owen C. B. Hughes, Alan L. Jakimo, Michael J. Malinowski

Journal Articles

This article directly addresses the stem cell controversy, but also the broader history and norms regarding the roles of federal and state government in U.S. science research funding.


Rethinking Treaty Interpretation, Scott M. Sullivan Jan 2008

Rethinking Treaty Interpretation, Scott M. Sullivan

Journal Articles

No abstract provided.


New Orleans, Katrina And Kelo: American Cities In The Post-Kelo Era, John Costonis Jan 2008

New Orleans, Katrina And Kelo: American Cities In The Post-Kelo Era, John Costonis

Journal Articles

No abstract provided.


Rhapsody In Blue: An Ode To The Bluebook, Michael Coenen Jan 2008

Rhapsody In Blue: An Ode To The Bluebook, Michael Coenen

Journal Articles

No abstract provided.


The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrea B. Carroll Jan 2008

The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrea B. Carroll

Journal Articles

This article is a first step in an effort to critically examine the invasion of a rather dangerous European property law trend into American law. The view of the right to safe, adequate, and affordable housing as a fundamental right held by all mankind is quickly growing, with more than nine countries now recognizing it. The problem is that the recognition of this fundamental right begs the question of how it is to be assured. The method of assurance chosen by most jurisdictions recognizing a right to housing is a scheme of good cause eviction. Under such a regime, a …


Of Judicial Freedom And Judicial Constraint: The Voice Of Louisiana's Judge Albert Tate, Jr., Paul R. Baier Jan 2008

Of Judicial Freedom And Judicial Constraint: The Voice Of Louisiana's Judge Albert Tate, Jr., Paul R. Baier

Journal Articles

No abstract provided.


Policing The Compensation Of Victims Of Catastrophes: Combining Solidarity And Self-Responsibility, Olivier Moreteau Jan 2008

Policing The Compensation Of Victims Of Catastrophes: Combining Solidarity And Self-Responsibility, Olivier Moreteau

Journal Articles

No abstract provided.


Commercial Peace And Political Competition In The Crosshairs Of International Arbitration, Thomas E. Carbonneau Jan 2008

Commercial Peace And Political Competition In The Crosshairs Of International Arbitration, Thomas E. Carbonneau

Journal Articles

This article examines the mixed effect of arbitration upon the generation of international law norms; in particular, how arbitration can generate private law norms so effectively and yet still face strong resistance in public international law processes and controversies. The work of arbitration for international commercial litigation has been nothing less than spectacular. In both the private international and domestic civil contexts, arbitration has provided viable remedial solutions and functional adjudication when the law was either nonexistent or incapacitated. It has supplied a workable and adaptable trial system, which-on the international side-could also generate substantive legal norms. Arbitration thereby has …


The Social Contract And Authorship: Allocating Entitlements In The Copyright System., Alina Ng Jan 2008

The Social Contract And Authorship: Allocating Entitlements In The Copyright System., Alina Ng

Journal Articles

No abstract provided.


Book Review, Mark C. Modak-Truran Jan 2008

Book Review, Mark C. Modak-Truran

Journal Articles

This book brings together two previously separate aspects of Michael J. Perry’s thoughtful and pioneering scholarship dealing with the proper relation of morality (especially religious morality) to law and human rights and the role of courts in protecting human rights.


Simply Put: How Diversity Benefits Whites And How Whites Can Simply Benefit Diversity, Angela Mae Kupenda Jan 2008

Simply Put: How Diversity Benefits Whites And How Whites Can Simply Benefit Diversity, Angela Mae Kupenda

Journal Articles

Although there are surmountable legal barriers to racial integration in education, fuller integration is possible. But first, whites must see how they benefit from diversity, and, second, whites must take simple steps toward integration that may, in turn, reveal to whites their desire to become more fully integrated. These two steps may help remove the limiting point to true integration.


Book Review, Angela Mae Kupenda Jan 2008

Book Review, Angela Mae Kupenda

Journal Articles

YOUR BLUES AIN’T LIKE MINE is an excellently written, fictionalized account of the lives of several people set in the fifties as a rural Mississippi community reacts to impending school racial desegregation and the killing of a fifteen year old black boy who had the misfortune of speaking French in the direction of a white woman. I’ve used this book to facilitate discussion on issues of race, gender, the law, class, and politics in several of my law school classes such as Race and the Law, Gender and the Law, and Civil Rights.


Remand And Appellate Review When A District Court Declines To Exercise Supplemental Jurisdiction Under 28 U.S.C. § 1367(C): Carlsbad Technology, Inc. V. Hif Bio, Inc., Deborah Challener, John B. Howell Iii Jan 2008

Remand And Appellate Review When A District Court Declines To Exercise Supplemental Jurisdiction Under 28 U.S.C. § 1367(C): Carlsbad Technology, Inc. V. Hif Bio, Inc., Deborah Challener, John B. Howell Iii

Journal Articles

Under 28 U.S.C. § 1447(c) and (d), as well as Supreme Court precedent, remand orders in removed cases are immune from appellate review when they are based on a lack of subject matter jurisdiction. Until recently, all appellate courts that had addressed the issue had concluded that a district court’s discretionary decision to decline to exercise supplemental jurisdiction under 28 U.S.C. § 1367(c) and remand the supplemental claims does not constitute a remand for lack of subject matter jurisdiction and therefore is reviewable on appeal.


A Process Theory Of Natural Law And The Rule Of Law In China, Mark C. Modak-Truran Jan 2008

A Process Theory Of Natural Law And The Rule Of Law In China, Mark C. Modak-Truran

Journal Articles

This Article analyzes China's efforts to implement the rule of law and proposes a constructive, post-modern normative theory of law based on the Process Philosophy of Alfred North Whitehead and the Radical Empiricism of William James. This "process theory of natural law" provides a novel theory of natural law that eliminates the perceived illegitimacy arising from legal indeterminacy and closes the ontological gap between legal theory and practice. Process natural law also mediates many of the cultural differences between the East and the West through the telos of beauty (unity-in-diversity), which entails maximizing both an Eastern aesthetic sense of order …


Shopping During Extended Store Hours: From No Shops To Go-Shops-The Development, Effectiveness, And Implications Of Go-Shop Provisions In Change Of Control Transactions, Christina M. Sautter Jan 2008

Shopping During Extended Store Hours: From No Shops To Go-Shops-The Development, Effectiveness, And Implications Of Go-Shop Provisions In Change Of Control Transactions, Christina M. Sautter

Journal Articles

This is the first scholarly article to explore the recent prevalence of go-shop provisions in merger agreements. Unlike no shop provisions which prevent target companies from actively soliciting proposals post-signing, go-shops allow the active solicitation of superior proposals. In effect, go-shops move the pre-signing auction process to post-signing, when deal protection devices act to prevent third parties from bidding. This Article examines the development and effectiveness of go-shops and contends that since the Delaware Supreme Court's landmark holding in Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc. that directors have a duty to obtain the highest price for stockholders, Delaware …


Insider’S Guide To Dol Audits (Book Review), Lisa Goodman Jan 2008

Insider’S Guide To Dol Audits (Book Review), Lisa Goodman

Journal Articles

No abstract provided.


George Carlin, Constitutional Law Scholar, Christine Corcos Jan 2008

George Carlin, Constitutional Law Scholar, Christine Corcos

Journal Articles

No abstract provided.


Case Comment - People V. Nelson: A Tale Of Two Statistics, David H. Kaye Jan 2008

Case Comment - People V. Nelson: A Tale Of Two Statistics, David H. Kaye

Journal Articles

In recent years, defendants who were identified as a result of a search through a database of DNA profiles have argued that the probability that a randomly selected person would match a crime-scene stain overstates the probative value of the match. The statistical literature is divided, with most statisticians who have written on the subject rejecting this claim. In People v. Nelson, the Supreme Court of California held that when the random-match probability is so small as to make it exceedingly unlikely that any unrelated individual has the incriminating DNA profile, this statistic is admissible in a database-search case. …


Under Arrest: Immigrants' Rights And The Rule Of Law, Shoba S. Wadhia Jan 2008

Under Arrest: Immigrants' Rights And The Rule Of Law, Shoba S. Wadhia

Journal Articles

The discussion is broken down into four parts. First, I will review some basic historical points and terminology. Second, I will describe some of the government's immigration enforcement policies following the comprehensive immigration reform ("CIR") debate and the human consequences and concerns behind such policies. Third, I will describe the relevant legal authorities for arresting and detaining noncitizens. Finally, I will provide some recommendations for moving forward.


In Good Times And In Debt: The Evolution Of Marital Agency And The Meaning Of Marriage, Marie T. Reilly Jan 2008

In Good Times And In Debt: The Evolution Of Marital Agency And The Meaning Of Marriage, Marie T. Reilly

Journal Articles

A married person sometimes acts solely for herself and at other times on behalf of her spouse. If she incurs debt solely for herself, then only she is liable to the creditor. If, however, she incurs debt both for herself and on behalf of her spouse, both are liable – the debtor directly and the spouse indirectly by imputed liability. Before married women’s property reform, imputed marital liability followed from marital status. As marriage changed to recognize the legal individuality of both spouses, so too did the scope of a spouse’s imputed liability for the debts of the other spouse. …


The Revolution In Law Through Arbitration, Thomas E. Carbonneau Jan 2008

The Revolution In Law Through Arbitration, Thomas E. Carbonneau

Journal Articles

My subject is arbitration. I explore how its re-emergence during the last forty years has revolutionized the thinking about, and the practice of, law. The development of a "strong federal policy favoring arbitration" cast aside traditional acceptations about law and adjudication. The rule of law-the human civilization associated with law and the legal process-has been profoundly, perhaps irretrievably, altered by the rise of arbitration. The landmark cases in labor and employment arbitration- Alexander v.Gardner-Denver Company (the "old time religion") and Gilmer v. Interstate/JohnsonLane Corporation (the "new age" thinking)- attest to the enormous distance that separates past and present concepts of …