Law Commons^™

Editorial – Both Sides Now, Stephen Calkins, Marek Martyniszyn

Law Faculty Research Publications

No abstract provided.

The Report Of The Military Leadership Diversity Commission: An Inadequate Basis For Lifting The Exclusion Of Women From Direct Ground Combat, Kingsley R. Browne

Law Faculty Research Publications

The recommendation of the Military Leadership Diversity Commission to lift the exclusion of women from ground combat is deeply irresponsible and cannot be taken seriously. The CommissionÕs lodestar was diversity, not military effectiveness, and it failed to take into consideration a wealth of information bearing on its recommendation. The CommissionÕs recommendation was based primarily on sources that cannot be considered authoritative, and the CommissionÕs analysis of the sources that it did consult was superficial and in conflict with some of the facts, as opposed to the Òspin,Ó contained in these very sources. The Commission substantially downplayed the sex difference in …

The New Victims Of The Old Anti-Catholicism, Christopher C. Lund

Law Faculty Research Publications

Santayana once said that those who cannot remember the past are condemned to repeat it, the implication being that we can avoid future mistakes by paying better attention to past ones. Perhaps this is so. Or perhaps it is as George Bernard Shaw once said-that we learn from history only that we learn nothing from history. Yet one thing is surely clear. To the extent that modern injustices have identifiable historical antecedents, we rightly stand doubly condemned for them.

This Essay looks at four modern church-state cases which span the First Amendment spectrum. The plaintiffs are religiously diverse-one is a …

Beyond Family Law, Sarah Abramowicz

Law Faculty Research Publications

Family law has traditionally been treated as an exceptional field, a marginalized and special case in which the usual rules of the legal canon do not apply. This Article argues that the current challenge to family-law exceptionalism has been largely one way, to the detriment of a central concern of family law: the protection of children and of the parent-child relationship. Family-law scholars have focused primarily on whether and how to import the tools and insights of other areas of law into the zone of family relations, while largely overlooking the possibility that the tools and insights of family law …

Be Careful What You Wish For: Thoughts On A Compliance Defense Under The Foreign Corrupt Practices Act, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

Reforming Wto Discipline On Export Duties: Sovereignty Over Natural Resources, Economic Development And Environmental Protection, Julia Ya Qin

Law Faculty Research Publications

The current World Trade Organization (WTO) regime on export restraints comprises two extremes: at one end is the near-complete freedom to levy export duties enjoyed by most Members, which renders theWTO discipline on export restrictions largely ineffective; at the other end, the rigid obligations imposed on several acceding Members prohibiting the use of export duties for any purpose.The recent WTO ruling in China-Raw Materials has only solidified the latter extreme. This article seeks to expose the irrationality of the current regime, especially the problems created by the rigid obligations of the several acceding Members. It contends that such obligations deprive …

Predicament Of China's Wto-Plus Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.

Decriminalizing Campus Institutional Responses To Peer Sexual Violence, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

Jessica Lenahan (Gonzalez) V. United States & Collective Entity Responsibility For Gender-Based Violence, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

Global Health Initiatives And Health System Development: The Historic Quest For Positive Synergies, Peter J. Hammer, Charla M. Burill

Law Faculty Research Publications

No abstract provided.

The Predicament Of China's "Wto-Plus" Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.

Out Of House, And Home: Refocusing On Homelessness, Vulnerable Populations, And Human Rights, Adele M. Morrison

Law Faculty Research Publications

No abstract provided.

Evading Emergency: Strengthening Emergency Response Through Integrated Pluralistic Governance, Lance A. Gable

Law Faculty Research Publications

This Article examines the significant governance challenges that arise during responses to public health emergencies and proposes a new multifaceted strategy-integrated pluralistic governance-to address these challenges. Emergency preparedness is an inherently complex problem that entails the integration ofscientific and medical expertise, good logistical planning, and clear laws and policies. The governance function has particular import for public health emergencies because pandemics, hurricanes, and other disasters can have profoundly divisive social and political consequences. Moreover, recent disasters like Hurricane Katrina and the BP Deepwater Horizon oil spill revealed an emergency preparedness and response infrastructure in the United States that was broken: …

Celebrating Contributions Of Opinions Authored By Chief Judge Randall R. Rader In Patent Infringement Cases, Katherine E. White

Law Faculty Research Publications

Chief Judge RaderÕs judicial opinions contribute significantly to patent infringement jurisprudence. He writes from a teacherÕs perspective, providing context and a clear lens through which legal issues may be examined. His deep reverence for the rule of law pervades his opinions, as he injects a cadre of principles governing his approach. Each opinion builds a foundation made of consistency and clarity in upholding the fundamental purposes underlying the patent grant.

The Legal Regulation Of Gay And Lesbian Families As Interstate Immigration Law, Sarah Abramowicz

Law Faculty Research Publications

No abstract provided.

Contracting Blame, Eric A. Zacks

Law Faculty Research Publications

No abstract provided.

Indirect Refoulement: Challenging Canada's Participation In The Canada-United States Safe Third Country Agreement, Rachel Gonzalez Settlage

Law Faculty Research Publications

No abstract provided.

Comparing Single-Sex And Reformed Coeducation: A Constitutional Analysis, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.