Law Commons^™

“Corrective Surgery” And The Americans With Disabilities Act, Jeannette Cox

School of Law Faculty Publications

This Article challenges the assumption that the Americans with Disabilities Act (ADA) requires persons with disabilities to undergo corrective surgery as a precondition to membership in the ADA's protected class. This issue is ripe for discussion because current efforts to amend the ADA, although not focused on the corrective surgery issue, will unsettle the current doctrine underpinning many courts' conclusions that an individual's decision to forgo available medical technology bars her from relief under the ADA. The article aims to make two contributions. First, it argues that the ADA's focus on reshaping cultural responses to disability suggests that individuals need …

Cyberthreats: The Emerging Fault Lines Of The Nation State, Susan W. Brenner

School of Law Faculty Publications

As new technologies develop, terrorist groups are developing new methods of attack by using the Internet, and by using cyberspace as a battlefield, it has become increasingly difficult to discover the identity of attackers and bring them to justice. The seemingly limitless boundaries of cyberspace have allowed virtually anyone to launch an attack from a remote and anonymous location. But once these attacks occur, it raises several important questions. Who should respond, and how? How should nation-states effectively deal with a cyber-attack? Will the United States and other nation-states be able to survive in a world where virtual boundaries are …

Climate Change Litigation: Opening The Door To The International Court Of Justice, Andrew L. Strauss

School of Law Faculty Publications

In March 2003, I wrote an article for the Environmental Law Reporter surveying potential international judicial forums where victims of global warming could bring lawsuits. In the ensuing six years, numerous lawsuits have been brought in the United States and in other countries, and environmentalists can now celebrate their first significant victory. In April 2007, based upon its finding that greenhouse gases are pollutants under Section 202(a)(1) of the U.S. Clean Air Act, the Supreme Court in Massachusetts v. EPA held that the U.S. Environmental Protection Agency (EPA) has the authority to regulate greenhouse gases.

Though we are still in …

Pro Bono: Assessing Aims And Achievement, Lisa A. Kloppenberg, Lori E. Shaw

School of Law Faculty Publications

Leaving behind a vibrant, effective pro bono program is a cherished legacy for any dean. Not only can such a program better the lives of our own students, but it also can harness their powerful minds, willing hearts, and many hands to serve the needs of our communities now and for years to come. If students hear about the importance of pro bono work and have easy access to pro bono opportunities during law school, they are more likely to get involved in public service after law school. As a result, the community and school benefit from their efforts, and …

The Noble Business Of Incumbentocracy: A Reply To ‘The Sordid Business Of Democracy’, Christopher J. Roederer

School of Law Faculty Publications

Note: This essay is a response to Daniel Tokaji, The Sordid Business of Democracy, 34 Ohio Northern University Law Review 341 (2008). The term "incumbantocracy" appears to have been coined by Jamin B. Raskin in The Supreme Court's Double Standard, where he argued that "voters don't really pick public officials on Election Day because public officials pick voters on redistricting day." THE NATION, Feb. 6, 1995, at I 67-68.

If democracy is a sordid business—a base, dirty, and ignoble business—then perhaps it is not too much of a stretch to say that there is something simple, clean, and noble about …

Working The Common Law Pure: Developing The South African Law Of Delict (Torts) In Light Of The Spirit, Purport And Objects Of The South African Constitution's Bill Of Rights, Christopher J. Roederer

School of Law Faculty Publications

Part I of this article both situates the South African legal system within a group of systems referred to as mixed jurisdictions and distinguishes it from that group by highlighting South Africa’s open, cosmopolitan tradition. Part II addresses the question of South Africa’s “relevance for us.” This section draws on the lessons of a number of approaches to comparative law and makes the case that South Africa’s law of delict is neither too unique nor too familiar for fruitful and interesting comparisons to the U.S. law of torts. It accomplishes this by explaining a number of core similarities and pointing …