Law Commons^™

Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone

Faculty Publications

No abstract provided.

Effective Community Policing Performance Measures, Geoffrey P. Alpert, Daniel Flynn, Alex R. Piquero

Faculty Publications

As the philosophy of policing moves from a traditional to a community-oriented approach, performance measures must shift as well. Unlike the typical police performance measures of arrest and crime rates found in traditional police philosophies, community-oriented policing performance measures are more general and tend to measure the extent to which police affect the quality of life in the communities they serve as well as the problems they solve. This manuscript begins the process of developing effective community policing performance measures and presents three case studies through which objectives and performance measures are conceptualized.

Distilling The Essence Of Contract Terms: An Anti-Antiformalist Approach To Contract And Employment Law, Rafael Gely

Faculty Publications

A look at the development of labor and employment law in the U.S. reveals one astonishing principle. There is an underlying assumption that employers own the time and activities of employees, and thus any change in the allocation of rights between employers and employees has to be justified against the “interference” with the rights of employers. For example, whenever legislation has been introduced intended to protect workers' rights, employers have argued that such protections will interfere with the right of employers to control their employees. This argument has been successfully made many times, and it has, I argue, shaped the …

Contract Reconceived, Peter A. Alces

Faculty Publications

No abstract provided.

The Externality Of Victim Care, Alan J. Meese

Faculty Publications

No abstract provided.

The Diffusion Of Responsibilty In Capital Clemency, Adam M. Gershowitz

Faculty Publications

No abstract provided.

Tort Recovery For Loss Of A Chance, David A. Fischer

Faculty Publications

Tort lawyers in the United States often think of “loss of a chance” as a theory of “probabilistic causation” that only applies to medical malpractice misdiagnosis cases. The theory is that if a physician negligently fails to diagnose a curable disease, and the patient is harmed by the disease, the physician should be liable for causing the “loss of a chance” of a cure. We shall see that if the chance of a cure is less than 50 percent, the plaintiff cannot prove by a preponderance of evidence that the negligence caused the harm, and would recover no damages under …

A Tale Of Three Statutes . . . (And One Industry): A Case Study On The Competitive Effects Of Regulation, Rafael Gely

Faculty Publications

The comparison of the three labor regulatory regimes raises an interesting counterexample to the traditional model of regulation. Instead of adopting a one-size-fits-all model, could a regulatory model be conceptualized where a menu of regulatory options is made available to the target population? Under such an approach those affected by the regulatory regime will choose among the various regulatory options and adopt those that better fit their particular situations. Part IV.B develops the basic parameters of this proposal. The article ends with a brief conclusion.

In One Place, But Not Another: When The Law Encourages Breastfeeding In Public While Simultaneously Discouraging It At Work, Emily Suski

Faculty Publications

In this Essay, the author takes a novel approach to the topic of breastfeeding and work by exploring the trend among states to exempt breastfeeding from criminal indecent exposure laws and comparing this trend to the support, or lack thereof, in laws and policy for breastfeeding at work. The author's comparison reveals that while there is a trend to support breastfeeding in public, there is no such trend in the law to support breastfeeding in the relatively more private work environment.

The author argues that this disparity is both counterintuitive and serves to limit women's choices regarding breastfeeding and work. …

Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein

Faculty Publications

This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (l4th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.

Top Ten Reasons To Be A Law School Dean, R. Lawrence Dessem

Faculty Publications

Serving as a law school dean can be tough duty. Many people, particularly law school faculty members, have asked over the years why anyone would ever take such a position. This question is particularly relevant because the likely alternative for most deans is service as a full-time professor on a law school faculty-which is, without a doubt, one of the world's truly great jobs..

The Constitution In Exile: Is It Time To Bring It In From The Cold?, William W. Van Alstyne

Faculty Publications

No abstract provided.

Stranger In A Strange Land: Baptist Dean Of A Jesuit Law School, Mack Player

Faculty Publications

In early 1994 when I was first approached by Santa Clara about beIng dean of its law school, I had to do basic, very basic, research before I returned their call. (This predated Web pages and my ability to access the technology that then existed.) A university guide book gave me the basics.

This sent me scurrymg to an atlas. Where is Santa Clara? As it is to most non-Californians, the profusion of California communities (and universities) with the "Santa" or "San" prefix was bewildering.

Herein foretold one of the princilpal issues that would confront me as dean, namely, the …

Reconstruction Corruption And The Redeemers' Prosecution Of Francis Lewis Cardozo, W. Lewis Burke

Faculty Publications

No abstract provided.

Moral Philosophy Meets Social Work, Frederic G. Reamer

Faculty Publications

In recent years, social workers have become increasingly aware of ethical dilemmas in practice. Beginning especially in the mid-to-late 1970s, social work's literature has included a steady stream of reflections on difficult moral choices involving conflicts among professional duties and obligations (Loewnberg and Dolgoff 1996; Congress 1998; Reamer 1998, 1999). To what extent do clients have the right to engage in self-harming behavior without interference? How should social workers allocate scarce or limited resources such as emergency services, shelter beds, funds, and even their own time? Is it ethically permissible for social workers to violate laws and regulations they believe …

The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer

Faculty Publications

No abstract provided.

Bioavailability: On The Frontiers Of Science And Law In Cleanup Methodologies For Contamination, Linda A. Malone

Faculty Publications

No abstract provided.

Book Review: The Business Of Judging, S. I. Strong

Faculty Publications

Lord Bingham of Cornhill is no stranger to the business of judging. Senior Lord of Appeal in Ordinary, former Lord Chief Justice of England, former Master of the Rolls, he has been sitting on the bench in one capacity or another for the last twenty years - twenty-five if one counts his tenure as a recorder. Although he began his career at the bar in 1959 as a commercial and civil lawyer, his appointment in 1996 as Lord Chief Justice placed him at the apex of the criminal justice system. In becoming senior Law Lord, Lord Bingham has expanded his …

A Primer On Adoption Law, Douglas E. Abrams

Faculty Publications

No abstract provided.

Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck

Faculty Publications

The United States Supreme Court is surely guilty of making the matter of religion and the First Amendment harder than it ought to be. But it is others who have kept the debate over church/state relations either poisoned with culture-war rhetoric or so shrouded in mystery that seemingly only experts can untangle the juris-prudential snarls. By surrounding this venerable Amendment with a pseudocomplexity concerning the matter of religion these disinformation specialists create confusion, and confusion begets opportunities for further distortion and manipulation. Disagreements over the free exercise of religion and the no-establishment thereof are far simpler to resolve than these …

Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii

Faculty Publications

Teachers, scholars and practitioners have long appreciated the symbiotic relationship of torts and insurance. Indeed, the assertion that tort law and insurance law are intertwined is utterly unremarkable; many commentators have observed that tort law cannot be understood if the business of insurance and the law regulating it is ignored, and that insurance law cannot be understood if tort law is ignored. Several generations of law students have read casebooks, which in varying degrees pay homage to the connections between torts and insurance. Many law review articles and noteworthy books (or portions thereof) have plumbed the tort-insurance relationship. Although one …

Book Review: Legal Traditions Of The World: Sustainable Diversity In Law, S. I. Strong

Faculty Publications

Combining a historically accurate analysis with a distinctly contemporary sensibility, H. Patrick Glenn invokes not only jurisprudential concepts as he explains the different legal traditions, but religious and sociological ideas as well.

Book Review: Women Under The Law: The False Promise Of Human Rights, S. I. Strong

Faculty Publications

Though McColgan's book promises much, it fails to persuade the reader for several reasons. First, a number of the examples used to demonstrate the inferiority of entrenched rights actually suggest the opposite. The second reason why McColgan fails to persuade results from her forcing constitutional arguments where there are none. The third problem with this book is its failure to extrapolate its arguments about women to other disadvantaged groups.

Despite these shortcomings, there is much in McColgan's book to recommend it. Her prose is fluid, her presentation of US and Canadian law, particularly regarding abortion, is extensive, and her arguments …

When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud

Faculty Publications

No abstract provided.

Reflections On Market Reform In Post-War, Post-Embargo Vietnam, Lan Cao

Faculty Publications

No abstract provided.

Embryonic Stem Cell Research As An Ethical Issue: On The Emptiness Of Symbolic Value, Kevin Quinn

Faculty Publications

The ability to generate a wide variety of stem cell lines (in relatively renewable tissue cultures) opens up a whole new world of breathtaking possibilities for science and medicine. The possibilities include: "in vitro studies of normal embryo-genesis, human gene discovery, and drug and teratogen testing and as a renewable source of cells for tissue transplantation, cell replacement, and gene therapies." But it also opens up a world of complications.

Human EG and ES cells must be recovered from aborted fetuses or live embryos. Because primordial gonadal tissue is removed from fetuses after their death, the derivation of EO cells …

The Uniform Health-Care Decisions Act And Its Progress In The States, David M. English

Faculty Publications

Over the past decade, planning for health care decision making through the making of an advance directive has become a routine part of personal counseling. Public interest in the subject has been fueled by well-publicized cases such as Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990). In response to this interest, most states authorize their citizens to make at least one form of advance directive: all states statutorily authorize powers of attorney for health care, and all but Massachusetts, Michigan and New York authorize living wills. State legislation has been a mixed blessing. Although intended to facilitate …

Don't Disintegrate Microsoft (Yet), Alan J. Meese

Faculty Publications

No abstract provided.

Diplomatic Adjudication, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences With Michael Heise, Frank O. Bowman Iii, Michael Heise

Faculty Publications

The Article begins with an examination of three primarily empirical questions. First, is the trend real? In other words, is the apparent decrease in federal drug sentences merely a species of statistical hiccup, a random fluctuation that could move easily and rapidly in the other direction? Or is the decline in average drug sentences large enough, and the trend prolonged enough, that we can safely conclude that something meaningful is occurring?