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Articles 1 - 30 of 50
Full-Text Articles in Law
Reply Brief For Petitioner. Thompson V. North American Stainless, Lp, 562 U.S. 170 (2011) (No. 09-291), 2010 U.S. S. Ct. Briefs Lexis 2135, Eric Schnapper, David O'Brien Suetholz, Lisa S. Blatt, Anthony Franze
Reply Brief For Petitioner. Thompson V. North American Stainless, Lp, 562 U.S. 170 (2011) (No. 09-291), 2010 U.S. S. Ct. Briefs Lexis 2135, Eric Schnapper, David O'Brien Suetholz, Lisa S. Blatt, Anthony Franze
Court Briefs
No abstract provided.
Reply Brief. Staub V. Proctor Hospital, 562 U.S. 411 (2011) (No. 09-400), 2010 U.S. S. Ct. Briefs Lexis 1916, Patricia Ann Millet, Eric Schnapper, Julie L. Galassi
Reply Brief. Staub V. Proctor Hospital, 562 U.S. 411 (2011) (No. 09-400), 2010 U.S. S. Ct. Briefs Lexis 1916, Patricia Ann Millet, Eric Schnapper, Julie L. Galassi
Court Briefs
No abstract provided.
Reply Brief For Petitioner
Suquamish Indian Tribe v. Upper Skagit Indian Tribe, Docket No. 10-33 (562 U.S. 981 (2010))
No abstract provided.
Brief In Opposition To Petition For A Writ Of Certiorari By Respondent Tribes Upper Skagit Indian Tribe, Swinomish Indian Tribal Community, Jamestown S'Klallam Tribe, Port Gamble S'Klallam Tribe, And Tulalip Tribes
Suquamish Indian Tribe v. Upper Skagit Indian Tribe, Docket No. 10-33 (562 U.S. 981 (2010))
No abstract provided.
Brief For Petitioner, Thompson V. North American Stainless, Lp, 562 U.S. 170 (2011) (No. 09-291), 2010 Wl 3501186, Eric Schnapper, David O'Brien Suetholz, Lisa S. Blatt
Brief For Petitioner, Thompson V. North American Stainless, Lp, 562 U.S. 170 (2011) (No. 09-291), 2010 Wl 3501186, Eric Schnapper, David O'Brien Suetholz, Lisa S. Blatt
Court Briefs
QUESTIONS PRESENTED
Section 704(a) of Title VII forbids an employer from retaliating against an employee because he or she engaged in certain protected activity. The questions presented are:
(1) Does section 704(a) forbid an employer from retaliating for such activity by inflicting reprisals on a third party, such as a spouse, family member or fiance, who is closely associated with the employee who engaged in such protected activity?
(2) If so, may that prohibition be enforced in a civil action brought by the third party victim?
Petition For Writ Of Certiorari
Petition For Writ Of Certiorari
Suquamish Indian Tribe v. Upper Skagit Indian Tribe, Docket No. 10-33 (562 U.S. 981 (2010))
No abstract provided.
Petition For A Writ Of Certiorari. Perez V. Saks Fifth Avenue, Inc. (No. 09-1535), 2010 U.S. S. Ct. Briefs Lexis 4245, Eric Schnapper, Erika Deutsch Rotbart
Petition For A Writ Of Certiorari. Perez V. Saks Fifth Avenue, Inc. (No. 09-1535), 2010 U.S. S. Ct. Briefs Lexis 4245, Eric Schnapper, Erika Deutsch Rotbart
Court Briefs
QUESTION PRESENTED Where a discrimination plaintiff asserts that the ultimate decisionmaker who dismissed her was influenced by a different official who acted with an unlawful motive, must the plaintiff prove that the unltimate decisionmaker was a "mere conduit" for the motives of the unlawfully motivated official?
Supplemental Brief For Petitioner. Thompson V. North American Stainless, Lp, 562 U.S. 170 (2011) (No. 09-291), 2010 U.S. S. Ct. Briefs Lexis 2990, Eric Schnapper, David Suetholz
Supplemental Brief For Petitioner. Thompson V. North American Stainless, Lp, 562 U.S. 170 (2011) (No. 09-291), 2010 U.S. S. Ct. Briefs Lexis 2990, Eric Schnapper, David Suetholz
Court Briefs
No abstract provided.
Citizenship Perception Strain In Cases Of Crime And War: On Law And Intuition, Mary De Ming Fan
Citizenship Perception Strain In Cases Of Crime And War: On Law And Intuition, Mary De Ming Fan
Articles
The jurisprudence on crime and war has repeatedly indicated that citizenship matters in determining the scope and applicability of constitutional protections. Just how citizenship matters and what vision of the citizen controls have been murky, however. A rich literature has developed deploring how the nation and the jurisprudence have appeared to slip beneath the baseline of protections when faced with formal citizens who challenge our popular notions about what citizens look like, feel like, and do. What warrants further examination is why this may be so. Understanding the processes that may blur the doctrine and lead to slippage in citizenship …
A Service-Learning Project: Disability, Access And Health Care, Elizabeth Pendo
A Service-Learning Project: Disability, Access And Health Care, Elizabeth Pendo
Articles
Last summer, I was thinking about a public service project for my disability discrimination law course. I teach the course in fall, and try to incorporate a project each year. Integrating a public service project into a traditional doctrinal course fits within the trend toward expanding teaching techniques beyond the case method in order to better prepare students for the practice of law., It was also inspired in part by the Carnegie Foundation's 2007 report, "Educating Lawyers: Preparation for the Profession of Law," as a way to foster "civic professionalism," and to "[link] the interests of legal educators with the …
Change And Continuity (Rip Van Winkle's Reference Office), Mary Whisner
Change And Continuity (Rip Van Winkle's Reference Office), Mary Whisner
Librarians' Articles
How much has law librarianship changed over the past twenty years? Ms. Whisner imagines coming back to her library after being asleep for twenty years, and concludes that while our tools have changed, the basics of our jobs have remained remarkably stable.
Enact Locally, Mary Whisner
Enact Locally, Mary Whisner
Librarians' Articles
Legal researchers often forget about municipal ordinances when looking for governing authority. Ms. Whisner discusses the wide range of topics that can be covered by local law, and encourages law librarians to think about it both when researching and when teaching the process of legal research
Learning From Reference Experience, Mary Whisner
Learning From Reference Experience, Mary Whisner
Librarians' Articles
While we all learn from experience, law librarians seeking to improve their reference skills can speed up the learning process by using some of the methods Ms. Whisner outlines.
The Rewards Of Tedium, Mary Whisner
The Rewards Of Tedium, Mary Whisner
Librarians' Articles
While routine projects can be tedious, Ms. Whisner points out factors that make those tedious projects a little easier to bear, as well as some lessons to be learned from a specific project she undertook.
Indian Water Rights, Practical Reasoning, And Negotiated Settlements, Robert T. Anderson
Indian Water Rights, Practical Reasoning, And Negotiated Settlements, Robert T. Anderson
Articles
This Article first reviews the few Indian water rights cases that the U.S. Supreme Court has decided. The Article then traces a threshold issue common to Indian water rights litigation in the federal and state courts: how to determine the purposes of a reservation for which a reserved water right should be implied. A review of major Indian water rights cases demonstrates the generally confusing state of the law in significant respects, especially with regard to the "purposes" determination.
This Article posits that the relative uncertainty in this area has created an environment in which creative, practical solutions to conflicts …
The Prosecutorial Ethic: With Great Power Comes Great Responsibility, Maureen Howard
The Prosecutorial Ethic: With Great Power Comes Great Responsibility, Maureen Howard
Articles
Although the American trial system has been likened to an arena in which mental combatants fight “to the death ” (the verdict ), each warrior similarly skilled and equally committed to vanquishing the other in a forum with formal rules of engagement enforced by a learned and impartial judge, the role of the criminal prosecutor is qualitatively different from that of other advocates. This is because, unlike any other lawyer, a criminal prosecutor has an affirmative duty to the opposing party.
Dynamic Federalism And Patent Law Reform, Xuan-Thao Nguyen
Dynamic Federalism And Patent Law Reform, Xuan-Thao Nguyen
Articles
Patent law is federal law, and the normative approach to patent reform has been top down, looking to Congress and the Supreme Court for changes to the broken and complex patent system. The normative approach thus far has not yielded satisfactory results. This Article challenges the static approach to patent reform and embraces the dynamic-federalism approach that patent reform can be an overlapping of both national and local efforts. Patent reform at the local level is essential as locales can serve as laboratories for changes, vertically compete with national government to reform certain areas of the patent system, and become …
But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas
But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas
Articles
In Part I of this Article, I will illustrate the hidden declarant issue through a series of hypotheticals that highlight both the hearsay and Confrontation Clause problems associated with proving former testimony. Next, in Part II, I will demonstrate that treating the hidden declarant's statements as testimonial, and thus subject to exclusion on Confrontation Clause grounds, is consistent with Crawford and its progeny.
I will then demonstrate, in Part III, that historically, in both England and the United States, the accused had the right to confront hidden declarants, and that the historical exception for former testimony does not extinguish the …
"I'M Dying To Tell You What Happened": The Admissibility Of Testimonial Dying Declarations Post-Crawford, Peter Nicolas
"I'M Dying To Tell You What Happened": The Admissibility Of Testimonial Dying Declarations Post-Crawford, Peter Nicolas
Articles
This Article demonstrates the existence and delineates the scope of a federal constitutional definition of "dying declarations" that is distinct from the definitions set forth in the Federal Rules of Evidence and their state counterparts. This Article further demonstrates that states have state constitutional definitions of "dying declarations" (for purposes of interpreting state constitutional analogues to the Confrontation Clause of the Sixth Amendment) that may differ in important respects from the federal constitutional definition of "dying declarations."
This Article then shows that some of the definitions of "dying declarations" contained in federal and state hearsay exceptions exceed the federal and …
Racial Paradox In A Law And Society Odyssey, Mario L. Barnes
Racial Paradox In A Law And Society Odyssey, Mario L. Barnes
Articles
No abstract provided.
A Post-Race Equal Protection?, Mario L. Barnes, Erwin Chemerinsky, Trina Jones
A Post-Race Equal Protection?, Mario L. Barnes, Erwin Chemerinsky, Trina Jones
Articles
No abstract provided.
Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo
Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo
Articles
The Genetic Information Nondiscrimination Act of 20081 ("GINA") is the first federal, uniform protection against the use of genetic information in both the workplace and health insurance. Signed into law on May 21, 2008, GINA prohibits an employer or health insurer from acquiring or using an individual's genetic information, with some exceptions.
One of the goals of GINA is to eradicate actual, or perceived, discrimination based on genetic information in the workplace and in health insurance. Although the threat of genetic discrimination is often discussed in universal terms - as something that could happen to any of us -the use …
Taking It To The Streets: A Public Right-Of-Way Project For Disability Law, Elizabeth Pendo
Taking It To The Streets: A Public Right-Of-Way Project For Disability Law, Elizabeth Pendo
Articles
I teach a course in Disability Discrimination Law, which is designed as a civil rights course focused on the Americans with Disabilities Act (ADA). When the ADA was passed in 1990, it was celebrated by many as one of the most significant civil-rights victories of this century. The ADA was enacted to "provide clear, strong, consistent, [and] enforceable standards [for] addressing discrimination against individuals with disabilities" and prohibits discrimination in employment, public services and transportation, privatelyowned places of public accommodations, and telecommunications. Although the ADA is not the first federal law addressing disability, its passage made clear that the continued …
The Effect Of Legal Professionalization On Moral Reasoning: A Reply To Professor Vischer And Professor Wendel, Michael Hatfield
The Effect Of Legal Professionalization On Moral Reasoning: A Reply To Professor Vischer And Professor Wendel, Michael Hatfield
Articles
Responding to comments made on Professionalizing Moral Deference.
Taking The High Road: Why Prosecutors Should Voluntarily Waive Peremptory Challenges, Maureen A. Howard
Taking The High Road: Why Prosecutors Should Voluntarily Waive Peremptory Challenges, Maureen A. Howard
Articles
In this Article, I review the efficacy of peremptory challenges and conclude that both empirical and anecdotal evidence confirm such challenges are of little utility. I contend that the marginal benefit of peremptory challenges to a criminal prosecutor is outweighed by the damage done to both the actual and perceived fairness of the system, and that imbalance should persuade prosecutors to consider a wholesale voluntary waiver of peremptory challenges.
Playing Nice: The Dos And Don'ts Of Courtroom Etiquette, Maureen A. Howard
Playing Nice: The Dos And Don'ts Of Courtroom Etiquette, Maureen A. Howard
Articles
No matter how brilliant the lawyer, impressive her credentials, thorough her case preparation, or razor-sharp her analytic skills, she risks damaging her case — and her reputation — if she fails to comply with basic courtroom etiquette. There are certain dos and don’ts of courtroom behavior that are understood by seasoned trial lawyers and expected from judges. There are also common courtesies expected by jurors of lawyers who are viewed as professional and credible. A lawyer will undoubtedly learn these behavioral norms in the trenches over time, but she is well advised to have a courtroom etiquette checklist in her …
Liar! Liar! Impeaching A Witness On Cross-Examination, Maureen A. Howard
Liar! Liar! Impeaching A Witness On Cross-Examination, Maureen A. Howard
Articles
There are certain trial moments that can set an advocate’s heart a-flutter. One is the opportunity to show the jury that an adverse witness is not to be trusted. Even better is the chance to expose the witness to be a bald-faced liar.
Welcome to the wonderful world of impeachment. Impeachment is the art of discrediting the witness on cross-examination. There are seven impeachment techniques:
• Bias, interest, and motive
• Contradictory facts
• Prior convictions — FRE 609
• Prior bad acts — FRE 608 (b)
• Prior inconsistent statements — FRE 613
• Bad character for truthfulness — …
Closing Argument: Connecting The Dots For The Jury, Maureen A. Howard
Closing Argument: Connecting The Dots For The Jury, Maureen A. Howard
Articles
A common error made by unseasoned attorneys when giving closing argument is retelling the “story” of their case. Storytelling is best used in opening statement, not closing argument. By the time the jurors hear closing argument, they are well acquainted with the story, because they have heard two opening statements and all the evidence.
Closing argument, as the name suggests, is instead the time to argue. This means that in addition to revisiting the theme(s) presented in opening statement, a lawyer may use rhetorical questions, draw conclusions and inferences from the evidence, discuss the credibility of the witness, examine the …
Opening Statement: Persuading Without Argument, Maureen A. Howard
Opening Statement: Persuading Without Argument, Maureen A. Howard
Articles
A basic rule of trial practice is that a lawyer cannot argue in opening statement. A lawyer who breaks this rule runs the risk of drawing an objection from opposing counsel and having it sustained by the judge. Of course, as with most rules of trial practice, a lawyer can get away with de minimus violations in most cases and wholesale disregard in cases where opposing counsel—whether as a result of inexperience, inattention or trial strategy—doesn’t object. Although simple in concept, lawyers commonly falter in practical application of the “no argument” rule in two ways: 1) failing to understand what …
Mainstreaming Civil Rights In The Law School Curriculum: Criminal Law And Procedure, Tamara F. Lawson
Mainstreaming Civil Rights In The Law School Curriculum: Criminal Law And Procedure, Tamara F. Lawson
Articles
No abstract provided.