Law Commons^™

A Review Essay: Limits Of Gaylaw, Dale Carpenter

Faculty Journal Articles and Book Chapters

Part of Professor William Eskridge's mission in Gaylaw (Gaylaw: Challenging the Apartheid of the Closet by William N. Eskridge, Jr., Harvard University Press, 1999) is to describe the historical development of the complex legal and, to some extent the cultural, landscape for gays. (pp. 17-137) Though not much of Eskridge's presentation of the history of American law's treatment of gays draws from original research, its synthesis of the available secondary sources is a useful contribution and will likely become a staple of classes treating the subject.

The larger part of Gaylaw is the book's greatest challenge and the place where …

The First Fifty Years: Health Law's Greatest Hit, Thomas Wm. Mayo

Faculty Journal Articles and Book Chapters

In honor of the Syracuse Law Review's 50th Anniversary, this article considers various developments in health law and concludes that the passage of the Medicare amendments to the Social Security Act has had the most significant impact on the field. The article discusses the impact of Medicare on the culture of hospitals and their medical staffs, on the development and dissemination of new technologies, and on restructuring and reforming the industry in key areas, including fraud and abuse, patient dumping, organ donation, advance directives, patients' rights, and other agencies' regulation of health care providers.

The Parade Of Sovereignties: Establishing The Vocabulary Of The New Russian Federalism, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

On the basis of extensive on-site interviews and documentary sources, the author interprets the dynamics of the collapse of the Soviet Union by analyzing the cascade of sovereignty declarations issued by republics of the USSR as well as by autonomous republics and other subunits of the Russian republic, in 1990-1991. Interrelationships among the declarations, and other putative causes of their content and timing, are explored. A case study of Tatarstan is provided. The study also analyzes the impact of the process on subsequent Russian approaches to federalism.

Lease Termination Issues, John S. Lowe

Faculty Journal Articles and Book Chapters

No abstract provided.

Discrimination By Proxy: The Case Of Proposition 227 And The Ban On Bilingual Education, Kevin R. Johnson, George A. Martinez

Faculty Journal Articles and Book Chapters

No abstract provided.

The First Bite Is Free: Employer Liability For Sexual Harassment, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

In June, 1998, the Supreme Court issued two decisions, Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton that established new standards for employer liability for sexual harassment. Although the two cases presented different questions and factual predicates, the Court adopted a unified holding with respect to employer liability for supervisor harassment. Many commentators interpreted the new standards as a blow to employers based on the perception that employers would now be held accountable for workplace harassment without regard to their culpability.

The thesis of this article is that the conventional wisdom with respect to Faragher and …

Going Private: Technology, Due Process, And Internet Dispute Resolution, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

Despite cliches about Internet speed, disputes that arise on and about the Internet can be time-consuming to resolve, legally murky, and factually complex. In response, Internet players with market power are opting out: mandatory arbitration is replacing both substantive law and court procedure, and technological remedies are providing self-help without any dispute resolution at all. These alternative procedures tend to move faster than courts and to cost their corporate creators less than lawsuits. They are also structured to maximize the success of the powerful. But faster is not always better. Cheap is not always fair or accurate. Market power is …

Delgado, Hegel And The Rodrigo Chronicles, George A. Martinez

Faculty Journal Articles and Book Chapters

Richard Delgado has made path-breaking contributions to the literature on race and American law. His Rodrigo Chronicles are already classics of the Critical Race Theory genre. It is, therefore, wholly appropriate that the Harvard Latino Law Review dedicated a symposium issue to an examination of the Rodrigo Chronicles and Delgado's other work. In this symposium essay, the author attempts to illuminate Delgado's project in the Chronicles through an examination of various aspects of Hegel's philosophy. Hegel's philosophy allows us to better understand Delgado's work in the Chronicles and elsewhere.

Constructing Latcrit Theory: Diversity, Commonality, And Identity Latcrit, George A, Martinez

Faculty Journal Articles and Book Chapters

No abstract provided.

Revision And Recodification Of The Texas Rules Of Civil Procedure Concerning The Jury Charge, William V. Dorsaneo Iii

Faculty Journal Articles and Book Chapters

The primary purpose of this article is to discuss and explain why the Texas Rules of Civil Procedure concerning the trial court's charge to the jury should be replaced by a new set of procedural rules initially developed by a Jury Charge Task Force appointed by the Texas Supreme Court in 1991. As seminared, amended, and recommended for adoption to the Texas Supreme Court by the Supreme Court Advisory Committee in 1996, these proposed rules, or comparable ones,should be promulgated by the Texas Supreme Court. Revision of the jury charge rules is desirable because the procedures for preserving complaints about …

Race And Immigration Law: A Paradigm Shift?, George A. Martinez

Faculty Journal Articles and Book Chapters

For many years, controversies impacting many areas of legal scholarship have left the field of immigration law virtually untouched. Thus, although other areas of law have felt the critique advanced by critical scholars, immigration law has proceeded as a virtually self-contained unit. In doing so, immigration law has developed a paradigm for legal research.

As Thomas Kuhn uses the term, a paradigm, or normal science, "suppl[ies] the foundation" for research in the area. Scholars who participate in a shared paradigm "are committed to the same rules and standards" for research, and the paradigm "define[s] the legitimate problems and methods of …

Update Of Current Legal Proceedings At The Icty, Jenia I. Turner

Faculty Journal Articles and Book Chapters

No abstract provided.