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Full-Text Articles in Law
All Facts Are Not Created Equal, Bryan Adamson
All Facts Are Not Created Equal, Bryan Adamson
Faculty Articles
This article attempts to: 1) illustrate the inherent ambiguities of Rule 52(a), exacerbated by a court-created fact typology; 2) explain one of those types-the constitutional fact doctrine-and demonstrate how the Supreme Court has applied that doctrine inconsistently; and 3) explore whether the Sixth Circuit, by invoking the constitutional fact doctrine in Grutter, was attempting to extend the doctrine into the jurisprudence of Fourteenth Amendment intentional discrimination claims, or wrongfully appropriating the trial court's fact finding role.
Retirement Security Through Asset Protection: An Evolution Of Wealth, Privilege, And Policy, John K. Eason
Retirement Security Through Asset Protection: An Evolution Of Wealth, Privilege, And Policy, John K. Eason
Faculty Articles
This article examines post-1974 progressions in congressional and judicial thinking about asset protection as it relates specifically to the attainment of federal retirement policy goals. The article first considers the link between historical trust protections and modern federal retirement policy. That analysis reveals a more recent trend towards defining the scope of retirement plan asset protection by reference to statutory rules that grant favorable treatment to certain retirement savings devices. Those rules provide an incentive for funding future retirement through current savings. This article explains how, and why, asset protection could be similarly tailored to foster retirement income security goals. …
Rise Of The Machines: Justice Information Systems And The Question Of Public Access To Court Records Over The Internet, Gregory Silverman
Rise Of The Machines: Justice Information Systems And The Question Of Public Access To Court Records Over The Internet, Gregory Silverman
Faculty Articles
Professor Silverman discusses the machines that have been taking up positions in the court houses for more than a quarter of a century. These machines are becoming an integrated network integral to the workings of the court. With the assistance of the machines, the myriad and diverse members of the justice and public safety communities together with the public will evolve into a single complex whole that could dedicate itself to creating a more humane and just society comprised of better informed individuals to whom they are genuinely accountable. There are those who fear the machines, afraid that personal privacy …
Case Comments: Constitutional Law: Reaffirming Every Floridian’S Broad And Fundamental Right To Privacy, Diane Lourdes Dick
Case Comments: Constitutional Law: Reaffirming Every Floridian’S Broad And Fundamental Right To Privacy, Diane Lourdes Dick
Faculty Articles
In this article Professor Diane Lourdes Dick examines the Parental Notice of Abortion Act (the Act) that was passed in 1999 by the Florida Legislature, which required minors seeking an abortion to either notify a parent prior to the procedure or obtain court approval to waive parental notice. A minor choosing the latter option must demonstrate to a court that she is either mature enough to make the decision or that, despite a court's finding that she lacks sufficient maturity, parental notification is clearly not in her best interest. The statute has never been enforced and the right to privacy …
Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr.
Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr.
Faculty Articles
In this article, Professors Robert Chang and Jerome Culp examine the state of race in America in the aftermath of the landmark Supreme Court decision of Brown v. Board of Education, focusing on the ten-year window preceding its fiftieth anniversary. Their findings reveal that while Brown established fundamental precedent in the area of race relations, racial inequality remains entrenched in a number of modern social institutions. Chang and Culp analyze this dilemma by focusing on three distinct trends. First, a cycle of inequality is driven by racial disparities in wealth and perpetuated by interlocking systems of education, housing, family, healthcare, …
Beyond Lane: Who Is Protected By The Americans With Disabilities Act, Who Should Be?, Russell Powell
Beyond Lane: Who Is Protected By The Americans With Disabilities Act, Who Should Be?, Russell Powell
Faculty Articles
This article reviews the state of disability law under the Americans with Disabilities Act ("ADA"), with particular attention paid to Lane and other recent Supreme Court cases. In Lane, the Court affirmed that Congress validly exercised its power when it made states subject to suits under the ADA, at least with regard to limitations on access to courts. While the decision addresses Title II of the ADA (restrictions on state discrimination), it does have broader implications for the Act as a whole. Lane reflects a significant shift in the ethical paradigm used by the court to decide ADA cases and …
Trade Liberalization, Food Security And The Environment: The Neoliberal Threat To Sustainable Rural Development, Carmen G. Gonzalez
Trade Liberalization, Food Security And The Environment: The Neoliberal Threat To Sustainable Rural Development, Carmen G. Gonzalez
Faculty Articles
This article examines the historic and contemporary roots of chronic malnutrition and environmental degradation in the developing world. It chronicles the patterns of trade and production that contribute to this problem from the colonial period until the present, and analyzes the role of contemporary trade, aid and development practices in ameliorating or exacerbating the problem. The article argues that the neoliberal economic reforms imposed on developing countries through the International Monetary Fund (IMF), the World Bank, and the World Trade Organization (WTO) exacerbate hunger and environmental degradation by reinforcing pre-existing inequities in the global trading system that relegate many developing …
Preemptive War: Is It Constitutional, John B. Mitchell
Preemptive War: Is It Constitutional, John B. Mitchell
Faculty Articles
When America attacked Iraq in 2002, it was the first preemptive war in the history of our nation. While there is daily debate over the wisdom and consequences of that action, the question whether the federal government even possessed the power under the Constitution to wage preemptive war does not seem to have been raised. Although the legal literature abounds with discussion about whether the President may authorize significant military operations without the explicit authorization of Congress, the author could not find a single work written in legal cases or commentary about preemptive war. This article considers this heretofore unanswered …
Innocent Spouses: A Critique Of The New Laws Governing Joint And Several Tax Liability, Lily Kahng
Innocent Spouses: A Critique Of The New Laws Governing Joint And Several Tax Liability, Lily Kahng
Faculty Articles
This article provides a framework for such interpretation and implementation of the new innocent spouse laws. The author presents an overview of the current tax law treatment of married joint filers under which joint and several liability is imposed unless relief is available under the new innocent spouse laws. The article then examines the tax rationales that have traditionally been offered for imposing joint and several liability. The author concludes that because the fiction of marital unity is deeply embedded in our tax system, joint and several liability for married joint filers is likely to remain the law. While it …
The Cambodian Amnesties: Beneficiaries And The Temporal Reach Of Amnesties For Gross Violation Of Human Rights, Ronald Slye
The Cambodian Amnesties: Beneficiaries And The Temporal Reach Of Amnesties For Gross Violation Of Human Rights, Ronald Slye
Faculty Articles
This article uses the two amnesties granted by the Cambodian government in 1994 and 1996 to explore two important legal issues raised by amnesties generally: 1) to whom is the amnesty granted; and 2) for how long will the amnesty last. The first issue addresses the beneficiary question – who is able to take advantage of an amnesty. The most interesting issue raised by the beneficiary question is whether an amnesty should be restricted to either superiors or subordinates. The article discusses this choice in the context of the Cambodian amnesties, other amnesties, and international law, and highlight the moral, …
The Landmark Free-Speech Case That Wasn't: The Nike V. Kasky Story, David Skover, Ronald Collins
The Landmark Free-Speech Case That Wasn't: The Nike V. Kasky Story, David Skover, Ronald Collins
Faculty Articles
Written as the Foreword to a Symposium entitled Nike v. Kasky and the Modern Commercial Speech Doctrine, this piece tells the background stories that brought the Nike v. Kasky players to the steps of the U.S. Supreme Court and beyond. Subsequently, it explores the principles and perspectives at tension in the Nike controversy, and charts the lessons of the Nike story - legal, political, and cultural.
Letters To The Editors Of Health Matrix, Ken Wing
Letters To The Editors Of Health Matrix, Ken Wing
Faculty Articles
Professor Wing presents this letter to the editor concerning the health law in the U.S. He argues that there is no severable body of principles, or even a set of issues, defined by either circumstances or type of controversy in the teaching of health law. Would health law involve the legal issues that arise in the delivery of patient care? Well, that begins to define the subject, but that is only part of what's called health law. Legal issues related to health care? To health? Those definitions may work, but what is the point of such a broad and meaningless …