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Articles 1 - 27 of 27
Full-Text Articles in Law
Reinforcing Refugee Protection In The Wake Of The War On Terror, Edwin Odhiambo Abuya
Reinforcing Refugee Protection In The Wake Of The War On Terror, Edwin Odhiambo Abuya
Faculty Articles
This article examines how the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) can be used as a practical tool to enhance the protection of persons who have fled their home States in search of asylum in the wake of the global "war on terror." It compares and contrasts provisions of CAT to similar provisions contained in international refugee law. This article contends that, in some respects, the protection provisions of CAT are wider than those found in international refugee law, and, in other respects, narrower than those found in international refugee law. It concludes …
Moiwana Village V. Suriname: A Portal Into Recent Jurisprudential Developments Of The Inter-American Court Of Human Rights, Thomas Antkowiak
Moiwana Village V. Suriname: A Portal Into Recent Jurisprudential Developments Of The Inter-American Court Of Human Rights, Thomas Antkowiak
Faculty Articles
On June 15, 2005, the Inter-American Court issued its judgment in Moiwana Village v. Suriname, which held Suriname responsible for numerous human rights violations and ordered several remedial measures. In a separate opinion, one of the Tribunal's veteran judges, Ant¿nio Can¿ado-Trindade, wrote that the case "raises issues of great transcendence." Certainly, the decision illustrates several of the Court's latest jurisprudential developments, and navigates a few rising socio-political tides in South and Central America. This brief essay seeks to demonstrate how the Moiwana case: a) presents factual situations that are increasingly common before the Court; b) continues to develop key legal …
Protecting The Tribal Harvest: The Right To Catch And Consume Fish, Catherine O’Neill
Protecting The Tribal Harvest: The Right To Catch And Consume Fish, Catherine O’Neill
Faculty Articles
This article transcribes a presentation delivered by Professor O’Neill at the EPA-Tribal Leaders Summit, hosted by the Confederated Tribes of the Umatilla Indian Reservation, August 21-25, 2006. This article maintains that the call to protect tribal harvests—to ensure healthy and robust fisheries—is at the core of the sovereign compact between the United States and the various Native nations. The United States is, in fact, legally obligated to uphold this compact, manifested prominently in the treaties. The United States and the states are also legally bound to remedy a long history of attempts to assimilate and discriminate against Native peoples and …
Arizona Initiatives And Referenda, Tina Ching
Arizona Initiatives And Referenda, Tina Ching
Faculty Articles
This article discusses research of initiatives and referendums in Arizona. A brief summary of the history of I&R in Arizona and an outline of the process is followed by an annotated list of some of the most relevant resources for those researching in the area.
Slouching Towards Development In International Intellectual Property, Margaret Chon, Denis Borges Barbosa, Andrés Moncayo Von Hase
Slouching Towards Development In International Intellectual Property, Margaret Chon, Denis Borges Barbosa, Andrés Moncayo Von Hase
Faculty Articles
An understanding of intellectual property's classic innovation mandate as only one of many cross-cutting development goals should be well-accepted by now within international intellectual property law and policy, given the pervasiveness of development rhetoric at the WTO, WIPO and other regional and bilateral fora. Yet development "walk" lags behind development "talk" on both international and domestic levels. This article focuses on how intellectual property can promote development, not only through innovation, but also by the promotion of broad-based human development implicitly underpinning global knowledge economies. First, we consider the rapidly evolving relationship of development and trade to intellectual property, and …
Civil Liability For Violations Of International Humanitarian Law: The Jurisprudence Of The Ethiopia-Eritrea Claims Tribunal In The Hague, Won Kidane
Faculty Articles
Violations of international humanitarian law are compensable by a state causing the violations. The roots of this obligation can be traced to Article 3 of Hague Convention IV, which states that a party to the conflict which violates the provisions of [international humanitarian law] shall . . . be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces. A similar rule is also contained in Protocol I Additional to the 1949 Geneva Conventions. In practice, the enforcement of this important provision of international humanitarian law has remained a matter …
Marketing Law Libraries: Strategies And Techniques In The Digital Age, Kristin Cheney
Marketing Law Libraries: Strategies And Techniques In The Digital Age, Kristin Cheney
Faculty Articles
Marketing is no longer a sporadic activity undertaken on an ad hoc basis, but rather has become an integral component of every library’s day-to-day operations. This article provides an overview of basic marketing principles and then examines effective marketing strategies and promotional techniques in an academic environment. While viewed within the context of the law school setting, a majority of the marketing activities discussed are equally applicable in other types of law libraries.
A Thousand Humiliations: What Brown Could Not Do, Bryan Adamson
A Thousand Humiliations: What Brown Could Not Do, Bryan Adamson
Faculty Articles
This article takes a critical examination of the current state of race and education. Particularly, it posits segregation within education is still largely intact today, despite various legal strides and pivotal court cases. In sum, it provides insight into the race landscape, and its legal evolution over the years.
Letting Katz Out Of The Bag: Cognitive Freedom And Fourth Amendment Fidelity, Christian Halliburton
Letting Katz Out Of The Bag: Cognitive Freedom And Fourth Amendment Fidelity, Christian Halliburton
Faculty Articles
Emerging surveillance technologies now allow operators to collect information located within the brain of an individual, allow the collection of forensic evidence regarding cerebral and cognitive processes, and are even beginning to be able to predict human intentions. While science has not yet produced a mind-reading machine per se, the devices referred to as cognitive camera technologies are substantial steps in the direction of that inevitable result. One such technique, a proprietary method called Brain Fingerprinting, is used as an example of the strong trend towards increasingly invasive and ever more powerful surveillance methods, and provides an entrée to a …
Combating Corruption Through International Law In Africa: A Comparative Analysis, Won Kidane, Tom Snider
Combating Corruption Through International Law In Africa: A Comparative Analysis, Won Kidane, Tom Snider
Faculty Articles
"Little did we suspect," remarked Nelson Mandela, "that our own people, when they get that chance, would be as corrupt as the apartheid regime. That is one of the things that has really hurt us." Africa is the only continent that has grown poorer over the last three decades. The causes of Africa's existing predicaments are complete; however, there is no argument that deep-rooted corruption is one of the most serious contemporary developmental challenges facing the continent. Mr. Adama Dieng, who the Secretary General of the Organization of African Unity (OAU), the precursor of the African Union (AU), entrusted with …
Voting Rights In California: 1982-2006, Joaquin G. Avila, Eugene Lee, Terry Ao
Voting Rights In California: 1982-2006, Joaquin G. Avila, Eugene Lee, Terry Ao
Faculty Articles
The article provides a comprehensive description of voting discrimination in California from 1982 to 2006. This article was presented as a report to Congress during the 2006 reauthorization and amendments to the Voting Rights Act, 42 U.S.C. § 1973, et seq. The authors focus on the continued necessity for Section 5 review of changes affecting voting and for a bilingual election process in selected jurisdictions. In effect since 1965, Section 5 requires covered jurisdictions to submit all voting changes for approval to either the United States Attorney General or the United States District Court for the District of Columbia. The …
Past Reflections, Future Insights: African Asylum Law And Policy In Historical Perspective, Edwin Odhiambo Abuya
Past Reflections, Future Insights: African Asylum Law And Policy In Historical Perspective, Edwin Odhiambo Abuya
Faculty Articles
This article argues that an understanding of the evolution of asylum is an essential ingredient in the search for ideas and perspectives to the plight facing forced migrants. Using Kenya as a case study, the paper evaluates the extent to which procedures used to determine claims for asylum, protection outcomes and entitlements met international human rights and refugee law standards. It is contended that limited resources, porous boundaries and the mass movement of asylum seekers have compromised the level of protection offered to those who seek surrogate protection in African states like Kenya. In conclusion, critics in the area of …
The Contract Thesis Of The Federal Spending Power, David Engdahl
The Contract Thesis Of The Federal Spending Power, David Engdahl
Faculty Articles
This article focuses on the inherent similarities between spending power and contract law, and elaborates on Congress’s ability to “contract” with the States, to have States consent to laws beyond Congress’s enumerated powers with federal funding as consideration. A majority of the federal budget is currently spent on social security, social and economic assistance, education, and other aid and development programs. This “contract” thesis permits our system to maintain the virtues of enumerated federal powers. This analogy might suggest a limited role for private parties in enforcing their terms. The article is offered as an illustration for how legal scholarship …
No Mud Pies: Risk Avoidance As Risk Regulation, Catherine O’Neill
No Mud Pies: Risk Avoidance As Risk Regulation, Catherine O’Neill
Faculty Articles
Regulation in the environmental context has, until recently, been guided by risk reduction - strategies that require risk-producers to prevent, limit, or clean up contaminants. However, it has increasingly come to rely on "risk avoidance" - strategies that call upon risk-bearers to alter their practices and ways of living so as to avoid exposure to contaminants left unabated. For example, women and children might be asked to eliminate fish from their diets to avoid the risks of methylmercury contamination; asthmatics might be advised to refrain from going outside on "ozone alert" days to avoid the risks of ground-level ozone pollution; …
Federal Rule Of Civil Procedure 52(A) As An Ideological Weapon?, Bryan Adamson
Federal Rule Of Civil Procedure 52(A) As An Ideological Weapon?, Bryan Adamson
Faculty Articles
In this article, the author explores Federal Rule of Civil Procedure 52(a) and standard of review choice to determine whether appellate judges can exploit its terms to pursue ideological goals. The author examines the operative terms of Rule 52(a), viz., findings of fact, clear error, and documentary evidence, and concludes that they are so malleable as to give appellate judges wide discretion in deciding whether clear error, de novo, or some other standard of review is to be applied. The article then goes on to identify fact typologies appellate courts invoke (historical, ultimate, constitutional, legislative, sociological, scientific, political, economic, jurisdictional), …
The Restricted Gift Lifecycle, Or, What Comes Around Goes Around, John K. Eason
The Restricted Gift Lifecycle, Or, What Comes Around Goes Around, John K. Eason
Faculty Articles
The conflict regarding enduring donor control over property gifted for charitable uses implicates issues of current relevance to donors and nonprofit charitable organizations, and to those who represent them. Not surprisingly, these issues, and the possible ways of both addressing and accounting for their resolution, vary by circumstance. In this Article, I frame the issues and explore the relevant circumstances by reference to the particular stage in the lifecycle of a donor's restricted gift at which conflict might arise. That lifecycle spans the time from initial negotiation of the gift to its potential modification or termination due to unanticipated circumstances. …
The Enron Trial Drama: A New Case For Stakeholder Theory, Russell Powell
The Enron Trial Drama: A New Case For Stakeholder Theory, Russell Powell
Faculty Articles
This article analyzes the trial of Jeffrey Skilling and Kenneth Lay, including an empirical analysis of jury comments made after the trial. The study indicates that the jury was influenced by the scope of the Enron collapse and its impact on employees, in particular. The article argues that if juries (or judges) are influenced by the magnitude of harm caused by fraudulent, disloyal behavior, especially when it impacts large numbers of working and middle-class employees, it is likely that the same factors will impact the outcome of derivative suits claiming breaches in fiduciary duties brought against officers and perhaps even …
Geography And International Law: Towards A Postcolonial Mapping, Tayyab Mahmud
Geography And International Law: Towards A Postcolonial Mapping, Tayyab Mahmud
Faculty Articles
Postcolonial theory aims at a critical interrogation of legitimizing knowledge claims put forward by proponents of the resurgent Empire. This article undertakes such an interrogation at the intersection of geography and international law. It aims to demonstrate that both modern geography and modern international law were constituted in, by, and through imperatives of Empire and unavoidably bear traces of their formative origin. The aim is to theorize the spatiality of global relations of domination and resistance under the shadow of international law. The article first identifies the vantage point of this critical engagement, namely postcolonial approach to inquiry. It then …
Fishery Conservation And Management Act Reauthorization: “A” For Effort, “C” For Substance, Madeline Kass
Fishery Conservation And Management Act Reauthorization: “A” For Effort, “C” For Substance, Madeline Kass
Faculty Articles
In one of its last acts of 2006, the 109th Congress passed the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (FCMRA), reauthorizing the nation's primary fishing law through the year 2013. The president signed on in early January 2007. Those involved in the reauthorization effort deserve kudos for achieving a successful bipartisan compromise, a relatively rare phenomenon in recent years. Congress also deserves praise for taking positive action towards improving existing law and for rejecting preliminary proposals designed principally to derail conservation efforts. Yet, in the face of unrelenting, catastrophic fish stock declines, it is unclear whether the …
Intellectual Property From Below: Copyright And Capability For Education, Margaret Chon
Intellectual Property From Below: Copyright And Capability For Education, Margaret Chon
Faculty Articles
An approach to intellectual property from within a human development framework can contribute meaningfully to the WIPO Development Agenda, which was approved by the WIPO General Assembly in September 2007. Setting the proper regulatory balance between exclusive rights and access through exceptions and limitations to those rights is key to building national innovation capacity. A human development framework allows intellectual property norm-setters to prioritize the development of healthy and literate populations who are foundational to the functioning knowledge economies that intellectual property already assumes. Building upon an earlier piece in which Professor Chon posited that a substantive equality principle was …
The Next Generation Of Legal Citations: A Survey Of Internet Citations In The Opinions Of The Washington Supreme Court And Washington Appellate Courts, 1999-2005, Tina Ching
Faculty Articles
As more legal research is conducted online, it is reasonable to conclude that there will be a corresponding increase in citations to the Internet by judges in their opinions. With the widespread public use of the Internet to access information along with the constant changes and impermanence of websites, citing to the Internet should be an issue of increasing concern to the legal community across the country. This paper surveys the types of Internet sources the Washington state Supreme Court and Appellate Court justices are citing. It discusses the interrelated issues of link rot and the impermanence of web pages, …
Committing A Crime While A Refugee: Rethinking The Issue Of Deportation In Light Of The Principle Against Double Jeopardy, Won Kidane
Faculty Articles
The Double Jeopardy Clause of the United States Constitution provides: No person shall...be subject for the same offense to be twice put in jeopardy of life or limb . . . If a refugee who has committed a deportable offense and served his sentence is subsequently deported from a place where he calls home to a place where he would face persecution, he could literally be said to have been twice put in jeopardy of life and limb. That seems to be a prima facie violation of the Double Jeopardy Clause of the Fifth Amendment. This constitutional guarantee is, however, …
Afterword: The Race Question In Latcrit Theory And Asian American Jurisprudence, Robert S. Chang, Neil Gotanda
Afterword: The Race Question In Latcrit Theory And Asian American Jurisprudence, Robert S. Chang, Neil Gotanda
Faculty Articles
In the tradition of LatCrit Afterwords, Professors Chang and Gotanda take the liberty of raising questions that extend beyond the particular themes of this LatCrit Conference and the papers published in this Symposium. They return to two questions - ethnicity versus race and black exceptionalism - that were raised in early LatCrit Conferences but which have since been moved to the background. They ask what LatCrit Theory and Asian American Jurisprudence might teach us about minority on minority conflict and other ethno-racial fault lines. They present an analytic model to help understand commentaries on racial conflict and coalition. This model …
Alaska Initiatives And Referenda, Tina Ching
Alaska Initiatives And Referenda, Tina Ching
Faculty Articles
This article is intended to be used as a starting point for those researching initiative and referendum issues for the state of Alaska. A brief history of I&R in Alaska is followed by an overview of the process. Thepiece concludes with an annotated list of resources to begin research into Alaska I&R.
Using Global Law To Teach Domestic Advocacy, John B. Mitchell
Using Global Law To Teach Domestic Advocacy, John B. Mitchell
Faculty Articles
There is currently a movement to integrate so-called global law into the law school curriculum. This essay, Using Global Law to Teach Domestic Advocacy, briefly explores this movement and its underlying rationales, and then focuses on using foreign procedural law in a traditional American trial advocacy course, principally to improve the students' domestic advocacy skills. Believing that such concepts are best understood in the concrete, Professor MitchellI has created a set of imaginary exercises to a trial advocacy class in which the instructor swaps various features of the Scotch Criminal Justice system (no opening statement, nor voir dire, three verdicts) …
Old Hate In New Bottles: Privatizing, Localizing, And Bundling Anti-Spanish And Anti-Immigrant Sentiment In The 21st Century, Steven W. Bender
Old Hate In New Bottles: Privatizing, Localizing, And Bundling Anti-Spanish And Anti-Immigrant Sentiment In The 21st Century, Steven W. Bender
Faculty Articles
Professor Bender’s introduction focuses on two trends that emerged or accelerated in the past few years - (1) the localization of anti-Spanish and anti-immigrant sentiment and (2) the bundling of anti-Spanish regulation with other anti-immigrant regulation. Although both of these practices have roots in the last century," no doubt of late they have become more widespread and pronounced.
Tax And Economic Policy Responses To The Medicaid Long-Term Care Financing Crisis: A Behavioral Economics Approach, Diane Lourdes Dick
Tax And Economic Policy Responses To The Medicaid Long-Term Care Financing Crisis: A Behavioral Economics Approach, Diane Lourdes Dick
Faculty Articles
This article contributes to the prominent dialogue surrounding the healthcare financing crisis. It does so by analyzing policy solutions using consumer choice theory.