Law Commons^™

The Internet: "Full And Unfettered Access" To Law -- Some Implications, Peter W. Martin

Cornell Law Faculty Publications

No abstract provided.

Insane Fear: The Discriminatory Category Of "Mentally Ill And Dangerous", Sherry F. Colb

Cornell Law Faculty Publications

This article considers the constitutional and moral implications of the distinction the law draws between different classes of dangerous people, depending upon their status as mentally ill or mentally well. Those who are mentally well benefit from the right to freedom from incarceration unless and until they commit a crime. By contrast, dangerous people who are mentally ill are subject to potentially indefinite "civil" preemptive confinement.

In a relatively recent case, Kansas v. Hendricks, the United States Supreme Court upheld the post-prison civil confinement of Leroy Hendricks, a man who had served prison time after pleading guilty to child molestation. …

To The Yukon And Beyond: Local Laborers In A Global Market, Katherine V.W. Stone

Cornell Law Faculty Publications

This Article explores the possibilities for effective protection of labor rights in the emerging global labor market. It explores existing forms of transnational labor regulation, including both hard regulation, i.e., regulation by state-centered institutions, and soft regulation, i.e., regulation through private actors responding to market forces. The author finds that existing regulatory approaches are inadequate to ensure that the global marketplace will offer adequate labor standards to its global workforce. She proposes new approaches to global labor regulation, approaches that blend hard and soft law by reshaping market forces and embedding them in a regulatory framework that is protective of …

Legislative Intent And Statutory Interpretation In England And The United States: An Assessment Of The Impact Of Pepper V. Hart, Michael P. Healy

Law Faculty Scholarly Articles

Statutory interpretation is the process of discerning the meaning of legislation, and U.S. law has permitted courts to find meaning through a variety of often contradictory interpretive approaches. As a result, U.S. litigants often are uncertain about the interpretive approach a court will apply to a statute, even though the choice of the interpretive approach may determine the outcome of the litigation. Until the recent decision in Pepper (Inspector of Taxes) v. Hart, English approaches to statutory interpretation were more circumscribed because English courts foreclosed the intentionalist approach. This Article considers the impact that Pepper has had on statutory …

Constitutional Criminal Procedure: A Two Year Survey, James P. Fleissner, Jeffrey R. Harris

Mercer Law Review

This Article surveys significant constitutional criminal procedure decisions of the United States Court of Appeals for the Eleventh Circuit issued during 1997 and 1998. The "constitutional" branch of criminal procedure focuses on the interpretation of the Fourth, Fifth, and Sixth Amendments to the United States Constitution. In selecting "significant" decisions, we emphasized questions of first impression, other noteworthy cases, and issues likely to interest attorneys practicing in the courts of the Eleventh Circuit. We have endeavored to summarize the selected decisions and provide commentary that, hopefully, will illuminate the issues and assist the reader in understanding the importance and implications …

City Of Chicago V. International College Of Surgeons: The Interplay Between Supplemental Jurisdiction And Cross-System Appeals, And The Impact On Federalism, Jacob Edward Daly

Mercer Law Review

In City of Chicago v. International College of Surgeons, the United States Supreme Court reversed a well-established rule in holding that federal district courts may exercise supplemental jurisdiction over state law claims for deferential review of local administrative agency decisions.

Special Education Law And Children With Reading And Other Disabilities, Stanley S. Herr

The Journal of Law and Education

No abstract provided.

The Rumors Of My Death Have Been Exaggerated: Hopwood's Error In Discarding Bakke, Phillip T.K Daniel, Kyle E. Timken

The Journal of Law and Education

No abstract provided.

Title Page

The Journal of Law and Education

No abstract provided.

Primary And Secondary Education - Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

A Report To Alumni & Friends - Issue No. 71, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• 1998 Annual Report of Giving

• Gignoux Special Collections and Rare Book Room Dedicated

• Career Services Office Year in Review

• Scholarships and Public Interest Fellowships

• 1999 Law School Commencement

Lucha, The Struggle For Life: Legal Services For Battered Immigrant Women, Virginia P. Coto

University of Miami Law Review

No abstract provided.

Law And Economics Of English Only, William Wilson Bratton

University of Miami Law Review

No abstract provided.

"Suppressing The Mother Tongue"-Anti-Subordination And The Legal Struggle Over Control Of The Means Of Communication, Madeleine M. Plasencia

University of Miami Law Review

No abstract provided.

Theorizing "Outcrit" Theories: Coalitional Method And Comparative Jurisprudential Experience-Racecrits, Queercrits And Latcrits, Francisco Valdes

University of Miami Law Review

No abstract provided.

Liberty Interests In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan

Scholarly Publications

No abstract provided.

The Convergence Of The Critical Race Theory Workshop With Latcrit Theory: A History, Stephanie L. Phillips

Journal Articles

No abstract provided.

Shifting Bottoms And Rotating Centers: Reflections On Latcrit Iii And The Black/White Paradigm, Athena D. Mutua

Journal Articles

This essay chronicles my participation at the LatCrit III Conference and examines some of the issues raised. It touches on battles that rage within our efforts to build coalitions across boundaries of race and ethnicity, and it poses questions of centers, bottoms, and models.

Specifically, it asks: What group should be at the center of a given study or enterprise? Whose faces are at the bottom of the well and What model shall we use to analyze a given situation? The questions are complex, but LatCrit is attempting to address these complexities, not only in theory but in practice. Institutionally, …

The Right To Representation By Counsel In University Disciplinary Proceedings: A Denial Of Due Process Of Law, Robert B. Groholski

Northern Illinois University Law Review

This comment argues that university students who face suspension or expulsion for disciplinary reasons, as opposed to academic dismissal, are entitled to have retained legal counsel represent them as an element of procedural due process. The article begins with a general discussion of the jurisprudence that has developed concerning the Fourteenth Amendment's Due Process Clause. Utilizing both federal and state court decisions, the comment then demonstrates that university students hold protected liberty and property interests in their collegiate educations or degrees such that the procedural protections of the Due Process Clause are triggered when students face disciplinary suspension or expulsion. …

What A Salmon Czar Might Hope For, William H. Rodgers Jr.

Washington Law Review

Senate Bill 5595 is denominated "Salmon Recovery Funding." It is a structural and planning law. It authorizes establishment of a Salmon Recovery Funding Board that will fix criteria and allocate funds for "salmon habitat projects" and "salmon recovery activities." The projects include habitat restoration and protection; the activities include preparation of stream corridor guidelines and programmatic permitting endeavors. The Board will work from a "habitat project list" that is to be developed by a "critical pathways methodology." This approach is defined as "a project scheduling and management process for examining interactions between habitat projects and salmonid species prioritizing habitat projects, …

Challenging Land Use Actions Under Section 1983: Washington Law After Mission Springs, Inc. V. City Of Spokane, Eric Jenkins

Washington Law Review

Federal law, 42 U.S.C. § 1983, provides a cause of action against persons who use state or local law to deprive individuals of constitutional rights. Federal circuit courts have been reluctant to apply § 1983 to commonplace land use grievances because of the local character of land use planning and a belief that only the most egregious misuse of zoning power can implicate a party's substantive due process rights. To limit the number of claims that can be brought under § 1983, the federal circuits have narrowly defined what property rights are protected by the Fourteenth Amendment and have held …

Superwill To The Rescue? How Washington's Statute Falls Short Of Being A Hero In The Field Of Trust And Probate Law, Cynthia J. Artura

Washington Law Review

During the 1998 session, the Washington legislature added a provision to Title 11 of the Revised Code of Washington that allows for testamentary disposition of certain nonprobate assets. Although Washington's superwill provision is a pioneer in the field of probate and trust law, it is too limited in its scope to achieve filly its stated purpose. One of the statute's stated purposes is to enhance the testator's control over the disposition of nonprobate property. However, the provision limits the definition of "nonprobate asset" to include only joint tenant bank accounts with right of survivorship and revocable living trusts. This Comment …

A Proposed Test For Applying The Doctrine Of Equivalents To Biotechnology Inventions: The Nonobviousness Test, Qing Lin

Washington Law Review

In patent law, the doctrine of equivalents allows courts to find infringement if one makes or uses a device or process without substantial change from a patented invention. A test that clearly defines the appropriate scope of patent protection is crucial to development in various industries, especially in biotechnology, an industry that requires significant long-term investment. However, the most commonly applied test for determining equivalents is vague and fails to provide practical guidance. The "all elements" limitation to the test causes additional confusion. A more appropriate test for defining the scope of patent protection would be the "nonobviousness test," a …

Adoption In The Progressive Era: Preserving, Creating, And Re-Creating Families, Chris Guthrie, Joanna L. Grossman

Vanderbilt Law School Faculty Publications

The history of adoption law and practice has received scant attention from legal scholars and historians. Most of what little scholarship there is focuses on the history of adoption to the mid-nineteenth century, when the first adoption statutes emerged in the United States. Although the enactment of these statutes has been hailed as "an historic moment in the history of Anglo-American family and society" and "the most far-reaching innovation of nineteenth-century custody law," few scholars have made an effort to document the actual operation of adoption law following the enactment of these landmark statutes. This article does just that. Drawing …

Engaging With The State About Domestic Violence: Continuing Dilemmas And Gender Equality, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Executive Privilege Or Punishment? The Need To Define Legitimate Invocations And Conflict Resolution Techniques, Mark P. Doherty

Northern Illinois University Law Review

This comment describes justifications for the doctrine of executive privilege and then examines various arguments against its legitimacy and use. This comment then reflects on several historical invocations of the privilege and the ensuing public, political, and judicial reactions. Finally, the author suggests that Congress implement guidelines for legitimate invocations of the executive privilege and outlines an effective system to safeguard this constitutional executive prerogative.

Preserving Farmland, Creating Farms, And Feeding Communities: Opportunities To Link Farmland Protection And Community Food Security, Neil D. Hamilton

Northern Illinois University Law Review

This essay was prepared for the Northern Illinois University College of Law's eighth annual symposium on land use entitled Building Cooperation Across Communities. The essay initially identifies three premises, specifically, farmland preservation, the structural changes in farm organization, and the changes in society's relation to food and agriculture. The essay then goes on to consider how the goals and values involved in each of these three areas overlap, and the resulting policy issues and questions that arise from the interplay of these issues.

The Law School Compensation Systems At Three Top Quartile Law Schools: Factors Correlating With Law Professors' Salaries And Suggestions, Bruce D. Fisher, Paul Bowen

Northern Illinois University Law Review

This article is a study of the factors which may impact the salary levels of law professors. The authors employ various methods of statistical analysis to determine what association, if any, a variety of factors have to the level of a law professor's salary. These factors include the quality of the faculty, the amount of legal scholarship produced by professors, the seniority of faculty members and their gender. After examining the impact of these factors on the salaries of law professors, the authors then proceed to make several observations and recommendations for streamlining the salary levels of law professors.

The Wisconsin Bear Arms Amendment And The Case Against An Absolute Prohibition On Carrying Concealed Weapons, Christopher R. Mcfadden

Northern Illinois University Law Review

In November 1998, the voters of Wisconsin established a constitutional right to keep and bear arms. The Wisconsin Legislature framed and sent to the voters a broadly worded constitutional amendment that created an individual right to keep and bear arms for defense, security, hunting, recreation, or any other lawful purpose. It was designed to repeal and prevent the subsequent re-enactment of unreasonable prohibitions of that right, including the state's current sweeping prohibition of the liberty to carry concealed weapons at any time or place or in any manner. In light of this legislative history and voter understanding of the amendment, …

Property Rights And Land Use Controls: Balancing Private And Public Interests, Mark W. Cordes

Northern Illinois University Law Review

Among the many competing interests in the field of land use controls, there is perhaps none more fundamental than the potential conflict between the rights of private property owners and the rights of the more general public. Indeed, at bottom land use controls can be viewed as limitations on the rights of private property owners in order to advance broader social concerns. Thus, though it is important to give attention to the variety of interest group conflicts in the land use field, any serious effort at "building cooperation across communities" must pay particular attention to the relationship of private and …