Law Commons^™

This Field Is Our Field: Foreign Players, Domestic Leagues, And The Unlawful Racial Manipulation Of American Sport, N. Jeremi Duru

Articles in Law Reviews & Other Academic Journals

Sport is a potent unifying force and a potentially powerful tool in bridging societal divides. As such, the increasing frequency of professional athletes leaving their home nations and continents to access employment opportunities abroad portends positively for greater cultural understanding in our global community. This paper argues, however, that in America’s professional sporting context, internationalization of sport plays an additional, unsavory, role – it serves as a means of manipulating leagues’ racial compositions. Studies conducted during the past twenty years reveal that spectators at professional American sporting contests – a substantial majority of whom are Caucasian – exhibit preferences for …

Developing Country Debt Crises, International Financial Institutions, And International Law: Some Preliminary Thoughts, Daniel Bradlow

Working Papers

While the question of how effectively the IFIs have performed their international economic, financial, social, environmental and developmental responsibilities in their work with these debtor countries has been extensively analyzed and debated, their compliance with their applicable international legal obligations has been less examined. The IFIs' responsibility in this regard, is based on their mandates, as defined in their Articles of Agreements, and general principles of customary international law. Their customary international legal obligations include upholding such principles as pacta sunt servanda and rebus sic stantibus and respecting the sovereignty of their member states. The thesis of this paper is …

Plenary Session – Teaching, Service And Scholarship: Overcoming Challenges, Realizing Opportunities, Brenda V. Smith, Danielle Holley-Walker, Kristin N. Johnson, Rose Cuison Villazor

Presentations

No abstract provided.

Statement Of Best Practices In Fair Use Of Dance-Related Materials Recommendations For Librarians, Archivists, Curators, And Other Collections Staff., Peter Jaszi

Copyright, Fair Use & Open Access

This Statement of Best Practices in Fair Use clarifies what librarians, archivists, curators, and others working with dance-related materials currently regard as a reasonable application of the Copyright Act’s fair use doctrine, where the use of copyrighted materials is essential to significant cultural missions and institutional goals.

A Long, Strange Trip: Guantanamo And The Scarcity Of International Law, Richard J. Wilson

Working Papers

From June of 2004, through June of 2007, I represented Omar Khadr, a detainee at Guantanamo Bay, Cuba. Omar, a Canadian citizen, was 15 years old when captured, and he was - and is - one of the very few detainees facing trial by a military commission. President Obama's decision to close Guantanamo and to put the commission trials on hold leaves us all with questions as to what will happen. This reflection was written in 2007, just about when I stopped representing Omar. The lower federal courts have not, in my view, used international law in any meaningful way …

Materials For A 4-Part On-Line Course On Global Financial Governance Offered By United Nations Institute On Training And Research (Unitar), Daniel Bradlow

Working Papers

This is the material for a 4-part on-line course on global financial governance offered by the United Nations Institute for Training and Research (UNITAR). The course, which is offered over 4 weeks, is designed to help participants understand international financial governance and the challenges that it faces. Second, it seeks to aid participants in assessing both the impact the current arrangements for international financial governance have on their countries and regions and the options they may have in responding to the challenges this creates for them. The first module provides a general framework for understanding international financial governance. The second …

Prisons Must Cease Re-Traumatizing Women: A Call For Gender-Responsive Programs That End The Cycle Of Abuse, Sally Abrahamson

Legal Writing Competition Winners

“They break us out there and then more in here. And they don't do anything to build us back up.” This is a quote from a woman serving thirty-one years for assault and crack-cocaine possession. Like many other incarcerated women, she has a history of being in domestically abusive relationships. Prison, she said, felt like an extension of feeling the same hopelessness she did before entering prison. Using drugs was a means to escape the reality of abuse and poverty. Her time in prison further disempowered her economically and socially, as she received no job-training and lost many of her …

What Ngo Accountability Means - And Does Not Mean, Kenneth Anderson

Book Reviews

This essay offers a review (4000 words) of "NGO Accountability: Politics, Principles and Innovations," Lisa Jordan and Peter van Tuijl, eds. (London: Earthscan 2006).

International and transnational NGOs have been under criticism for alleged lack of accountability since they emerged into prominence in the 1990s. In recent years, the debate over NGOs has shifted from legitimacy and "representativeness" to accountability in the narrower senses of internal governance, fiduciary responsibility, relationships with national governmental authorities, and similar issues. The volume under review seeks to cover both aspects of the debate, with emphasis on the latter, narrower issues. The review essay argues …

What Ngo Accountability Means - And Does Not Mean, Kenneth Anderson

Book Reviews

American University, WCL Research Paper No. 2009-18Abstract:This essay offers a review (4000 words) of "NGO Accountability: Politics, Principles and Innovations," Lisa Jordan and Peter van Tuijl, eds. (London: Earthscan 2006); following AJIL permission, it is given in unedited form and is available in final form in 103 AJIL 1 (January 2009).International and transnational NGOs have been under criticism for alleged lack of accountability since they emerged into prominence in the 1990s. In recent years, the debate over NGOs has shifted from legitimacy and "representativeness" to accountability in the narrower senses of internal governance, fiduciary responsibility, relationships with national governmental authorities, …

Patient Negligence: The Unreasonableness Of Relying On Trust, Song Richardson

Articles in Law Reviews & Other Academic Journals

This project initiates a conversation about patient negligence and trust in the medical setting and offers a test to determine whether patient negligence should be considered in litigation. The project examines the line at which a physician’s impermissible conduct should become reasonably obvious to a patient and therefore trigger a reasonable response. Absent a reasonable response by patients, this project considers whether comparative negligence attaches. Goodwin and Richardson argue due diligence, an aspect of loyalty, is treated as a value fiduciaries owe their clients, rather than a reasonable step that clients owe themselves.

In this collaboration, the authors imagine and …

Offspring And Bodies: Dependency And Vulnerability In The Constitutional Jurisprudence Of Reproductive Rights, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

In this article, the author responds to Sherry Colb’s argument in "To Whom Do We Refer When We Speak of Obligations to “Future Generations”? Reproductive Rights and the Intergenerational Community," (77 GEO. WASH. L. REV. 1582 (2009)). Colb offered a new way to consider reproductive rights by delineating two distinct and not always overlapping interests at stake in giving meaning to and shaping the contours of the rights implicated in reproductive decisions. Through differentiating interests in bodily integrity and offspring selection, Colb disentangled underlying justifications for legal advocacy and judicial decisions and offered an interpretive frame through which to consider …

Article 124, War Crimes, And The Development Of The Rome Statute, Shana Tabak

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Whistle...And You've Got An Audience, Amanda Leiter

Articles in Law Reviews & Other Academic Journals

One of the questions for discussion today is whether public rights litigation is an effective means of social change. This Article does not attempt an answer but begins to explore a set of issues central to any answer: the extent, types, uses, and potential shortcomings of government whistleblowing. There is considerable sociological and legal literature on government whistleblowing, but little of it addresses the issue from the angle relevant to maximizing the efficacy of public rights litigation. This Article begins to fill that gap. Part I discusses the importance of whistleblowers in the vindication and enforcement of public rights. Part …

Western Europe: Last Holdout In The Worldwide Acceptance Of Clinical Legal Education, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

Clinical legal education has achieved widespread acceptance throughout the world, growing by leaps and bounds during recent decades in countries like Russia and China, and expanding rapidly in other areas of Eastern Europe, Latin America and Africa. It is, arguably, the most significant innovation in legal education since the “invention” of the Socratic-case method in the United States, at the turn of the 20th Century. There is, however, one geographic area where the philosophy and methodology of clinical legal education has been resisted. That area is Continental Western Europe (the UK has some clinics, though not widespread). This article examines …

The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, Angela J. Davis, James E. Coleman Jr, Michael Gerhardt, K.C. Johnson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Internal Displacement, The Guiding Principles On Internal Displacement, The Principles Normative Status, And The Need For Their Effective Domestic Implementation In Colombia, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Substance Or Illusion - The Dangers Of Imposing A Standing Threshold, Amanda Leiter

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Why Punctuation Matters; Part One, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Grammar Confidential: Dispelling Common Writing Myths, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.

No Enclaves Of Totalitarianism: The Triumph And Unrealized Promise Of The Tinker Decision, Jamin B. Raskin

Articles in Law Reviews & Other Academic Journals

The Supreme Court's decision in Tinker v. Des Moines Independent Community School District forty years ago did for the ideal of expressive freedom in America's public schools what Brown v. Board of Education did for the ideal of racial equality. It made a core value of the Bill of Rights spring to life for young people facing authoritarian treatment at the hands of adult officials running their school systems. By privileging the right of students to engage in passionate political communication over the school's interest in maintaining discipline or the community’s interest in maintaining pro-war consensus, the Tinker decision was …

A New System Of Preventative Detention - Let's Take A Deep Breath, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

Some have argued that the detention center at Guantanamo Bay cannot be closed until the U.S. passes new preventive detention laws that would allow it to detain those who cannot be tried but are considered too dangerous to release. This article rejects these claims, concluding that the existing criminal justice system can adequately deal with those who the U.S. should be seeking to detain. The article also warns of the costs of trying to set up an entirely new system of detention without charge. The article cautions that such a system will negate many of the reputational gains associated with …

Hein And Goldilocks Principle, Maya Manian

Articles in Law Reviews & Other Academic Journals

Two weeks into his presidency, George W. Bush issued an executive order establishing the White House Office of Faith-Based and Community Initiatives (OFBCI) to encourage religious groups to provide federally funded social services. In particular, the OFBCI and its corresponding centers in various executive agencies sought to help religious organizations obtain federal grant monies by providing technical assistance to help them navigate the often byzantine bureaucracy surrounding federal grant-making. The OFBCI achieved its goal of increasing federal grants to religious organizations, in part by funding workshops and conferences designed to aid religious groups pursuing federal financing. Concerned that the Bush …

Racial Exhaustion, Darren Hutchinson

Articles in Law Reviews & Other Academic Journals

This Article examines historical and contemporary race discourse contained in political and juridical sources in order to illustrate how opponents to racial egalitarian measures have frequently contested such policies on the grounds that they are redundant, unnecessary, or too burdensome or taxing. Racial exhaustion rhetoric has operated as a persistent discursive instrument utilized to contest claims of racial injustice and to resist the enactment of racial egalitarian legislation. Racial exhaustion rhetoric has enjoyed particular force during and immediately following periods of mass political mobilization by antiracist social movements and institutional political actors, and it retains potency in contemporary racial discourse. …

Immigrant Labor And The Occupational Safety & Health Regime; Part I: A New Vision For Workplace Regulation, Jayesh Rathod

Articles in Law Reviews & Other Academic Journals

This article is the first in a series of three articles that together form a scholarly project that unearths the causes of recent trends in immigrant worker fatalities and injuries in the U.S., and presents recommendations for reversing it. The article examines how the history, structure, and operations of the federal Occupational Safety and Health Administration (OSHA) have, at times, obscured the workplace safety concerns of immigrant workers and have left these workers with no meaningful voice in the regulatory process. The article presents a set of regulatory imperatives to guide OSHA’s future work with respect to immigrant workers. These …

The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sacouto, Katherine A. Cleary

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Problem Of Jurisdictional Non-Precedent, Stephen I. Vladeck

Articles in Law Reviews & Other Academic Journals

Most critiques of the Supreme Court's June 2008 decision in Boumediene v. Bush (including Justice Scalia's dissent in the same) have at their core the argument that Justice Kennedy's majority opinion is inconsistent with prior precedent, specifically the Supreme Court's 1950 decision in Johnson v. Eisentrager. A closer read of Eisentrager, though, reveals a surprisingly unclear opinion by Justice Jackson, that seems to go out of its way to reach various issues on the merits even after suggesting that the federal courts lacked jurisdiction over habeas petitions filed by 22 Germans convicted of war crimes by a U.S. military tribunal …

Patient-Tailored Medicine, Part Two: Personalized Medicine And The Legal Landscape, Corrine Parver

Articles in Law Reviews & Other Academic Journals

In Part One, the authors addressed the relevance of genetic information, and how race and genetics have affected and may impact the development of medicines, pharmacogenomics, and personalized medicine in the United States.* Part Two examines current and proposed federal and state laws and regulations intended to protect individuals from the misuse of genetic information, including uses that discriminate based on genetic predispositions. This Part next explores the potential for litigation against both manufacturers and providers, as well as potential defenses. The authors also discuss legal issues relating to research that relies on the use of genetic information.

One Person, One Vote, One Application: District Court Decision In Ray V. Texas Upholds Texas Absentee Voting Law That Disenfranchises Elderly And Disabled Voters, Sean Flynn

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.