Law Commons^™

Constructing Baseball: Boston And The First World Series, Roger Abrams

Roger I. Abrams

No abstract provided.

Law And Justice, Mark Drumbl

Mark A. Drumbl

No abstract provided.

The Forgetfulness Of Noblesse: A Critique Of The German Foundation Law Compensating Slave And Forced Laborers Of The Third Reich, Libby Adler, Peer Zumbansen

Libby S. Adler

In August 2000, Germany’s twin houses of parliament enacted a law establishing a foundation to compensate survivors of the Nazi forced labor program. The Foundation Law was acclaimed as a victory for Holocaust survivors, despite that it sharply limits compensation amounts, denies recovery to some potential claimants, and purports to preclude further litigation of Holocaust-era claims. Proponents of the Foundation Law defended the choice to use legislation to resolve Holocaust-related claims initially brought in a judicial forum on the grounds that litigation is inherently ill-suited to that task, and justified the terms of the Law by reference to the claimants’ …

Legal Process And Procedure, Nicholas Cafardi

Nicholas P. Cafardi

No abstract provided.

Financial Modernization After Gramm-Leach-Bliley

Patricia A. McCoy

No abstract provided.

Immigration Litigation In Federal Court, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Holding Credit Hostage For Underwriting Ransom: Rethinking Bank Antitying Rules, Christian Johnson

Christian A. Johnson

Development Of International Water Law And The Un Watercourse Convention, Gabriel Eckstein

Gabriel Eckstein

No abstract provided.

Judicial Activism At The World Trade Organization: Developing Principles Of Self-Restraint, J. Kelly

Patrick Kelly

The success of the international trade regime has created demands for international environmental policy, labor standards and other social regulatory policy to be incorporated into the WTO. This article examines the extent to which customary international legal norms should be incorporated into WTO jurisprudence and whether the Appellate Body ought to engage in creative interpretation of WTO norms when legislative development appear blocked. The article explores both the incorporation and creative interpretation debates by assessing them in light of three models of WTO decisionmaking: The Judicial Activist Model, the Contractualist Model, and the Legislative Model. The article adopts a contractualist …

New Complexity Theories: From Theoretical Innovation To Doctrinal Reform, Darren Hutchinson

Darren L Hutchinson

No abstract provided.

A Review Of The Year In Family Law: State Courts React To Troxel, Robert Spector, Linda Elrod

Robert G. Spector

No abstract provided.

Expedited Appeals In Kentucky, Susan Duncan

Susan Duncan

This article outlines the process for expedited appeals in the state of Kentucky.

Vigilante Racism: The De-Americanization Of Immigrant America, Bill Hing

Bill Ong Hing

The mistreatment of those of Arab, Muslim, and Sikh descent in the United States post September 11 amounts to vigilante racism--the enforcement of a presumed code of what constitutes a "true" American. In the process, the culprits engage in a process of "de-Americanizing" individuals of color, informing them that they do not belong to the American community. There are two Americas; one that is embracing of diversity, the other that continues to be premised on a Euro-centric vision.

Amici Curiae Urge The U.S. Supreme Court To Consider International Human Rights Law In Juvenile Death Penalty Case, Connie De La Vega

Connie de la Vega

This article is an adaptation of an amici curiae brief filed in support of the petition for writ of certiorari in Beazley v. Johnson, 242 F.3d 248 (5th Cir. 2001), cert. denied, 534 U.S. 945 (2001), application of stay of execution denied, 533 U.S. 969 (2001). It asserts that the prohibition against the execution of persons who were under eighteen years of age at the commission of the crime is not only customary international law, it has attained the status of a jus cogens peremptory norm of international law which must be taken into account by the court. It also …

Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura K. Ray

Laura K. Ray

No abstract provided.

Perceived Disabilities, Social Cognition, And "Innocent Mistakes", Michelle A. Travis

Michelle A. Travis

This Article uses social cognition literature to analyze one form of non-prototypic employment discrimination under the Americans with Disabilities Act of 1990 (ADA). When enacting the ADA, Congress recognized that discrimination against individuals with disabilities is so pervasive that it reaches beyond those who possess substantially limiting impairments. Therefore, the ADA protects not only individuals who have an actual disability, but also non-disabled individuals who are mistakenly regarded as disabled by their employer. The field of social cognition, particularly causal attribution theory, studies why, how, and when we misperceive other individuals' capabilities. By taking an interdisciplinary approach, this Article concludes …

Telecommuting: The Escher Stairway Of Work/Family Conflict, Michelle A. Travis

Michelle A. Travis

This Article was part of a symposium issue on Law, Labor, and Gender. This interdisciplinary project responds to legal scholars in the work/family conflict field who advocate telecommuting as a way for women to achieve workplace equality. First, the Article uses sociology research to demonstrate that telecommuting sometimes works to exacerbate gender inequality in the workplace, rather than leveling the workplace playing field. Second, the Article explores what role, if any, the law may play in requiring employers to design gender-equalizing telecommuting relationships. By analogizing telecommuting to the historic use of women industrial homeworkers, the Article concludes that targeted homeworking …

Recurring Nightmare: Barriers To Effective Treatment Of Hiv In The United States And Internationally, John G. Culhane

John G. Culhane

Developing nations face many of the same barriers to the effective prevention and treatment of HIV/AIDS as the developed nations. The article examines successful and unsuccessful approaches to prevention in the United States, and compares these to the obstacles faced by those attempting to deal with the HIV/AIDS pandemic in other nations. It suggests ways of addressing deeply rooted obstacles such as the treatment of women and racial and sexual minorities. A complex web of approaches that draws on international, national, and local laws and government, as well as the participation of community groups, stands the only chance of substantially …

Between Punitive And Reconstructive Justice: The Gacaca Courts In Rwanda, Erin Daly

Erin Daly

In the aftermath of the 1994 genocide in Rwanda, in which almost a million people were killed by their fellow citizens within 3 months, the country was faced with the colossal task of bringing to justice hundreds of thousands of perpetrators while at the same time trying to rebuild the communities in which both the victims and the perpetrators had lived. This article argues that the regime of gacaca courts, though flawed in many ways, particularly from a western perspective, does nonetheless offer the potential for helping the communities within Rwanda to transform themselves. The form and structure of gacaca …

Gun Torts: Defining A Cause Of Action For Victims In Suits Against Gun Manufacturers, John G. Culhane, Jean M. Eggen

Jean M. Eggen

Although tens of thousands of Americans die from gun violence every year, the regulation of firearms remains inadequate. Those who are injured, or the survivors of those killed by guns, therefore have sought relief through tort law against those who manufacture these uniquely deadly products. With rare exceptions, however, these suits have been unsuccessful. Most courts have found that the conduct of gun manufacturers is not actionable under strict product liability doctrine, negligence, or the law of abnormally dangerous activities. This Article argues that courts have been too reluctant to apply tort liability to gun manufacturers. It is possible and …

Miranda, Confessions, And Justice: Lessons For Japan?, Richard Leo

Richard A. Leo

This chapter explores whether a Miranda-like warning and waiver regime could be successfully implemented in Japan. The chapter reviews the social science and legal scholarship on Miranda's impact on American interrogation practices and suspect behavior, concluding that most American suspects continue to waive their rights and law enforcement personnel continue to obtain a high number of confessions and convictions. Next, the chapter discusses the contemporary law and practice of interrogation in Japan. In Japan, interrogation appears to be routinely psychologically coercive and virtually all defendants make either partial admissions or full confessions to alleged offenses. Confessions are regarded as superior …

Transformative Justice: Charting A Path To Reconciliation, Erin Daly

Erin Daly

When nations transition from oppressive and lawless regimes to democratic ones they face myriad challenges. As an anxious public and an impatient world look on, they must create new governing bodies, write new laws and repeal old ones, redefine the balance of private and public power, and organize elections, just to name a few of the daunting tasks. But perhaps the greatest challenge facing these nascent liberal governments is one that receives insufficient attention: if the values of the new government are to take root, the new leaders must also transform the culture in which they operate. This article argues …

Derailing Union Democracy: Why Deregulation Would Be A Mistake, Michael J. Goldberg

Michael J Goldberg

This article is a response to Prof. Samuel Estreicher’s article, Deregulating Union Democracy, 21 J. LAB. RES. 247 (2000). It argues against Estreicher’s call for the deregulation of internal union affairs by repealing the Labor-Management Reporting and Disclosure Act of 1959 on several grounds. First, it disputes some of Estreicher’s basic assumptions about the nature and effectiveness of union democracy legislation, in part because Estreicher views unions strictly as economic entities and overlooks their important political and social functions, and in part because he is mistaken when he dismisses the current scheme of regulating internal union affairs as completely ineffectual. …