Law Commons^™

New York, Printz, And The Driver's Privacy Protection Act: Has Congress Commandeered The State Department Of Motor Vehicles?, Adam S. Halpern

UC Law Journal

In New York v. United States, the Supreme Court set forth the rule that any federal law which directs state governments to enact specific legislation is per se unconstitutional. The Court characterized these federal laws as attempts to "commandeer" the States' governmental machinery. The Court reaffirmed and extended the so-called "anti-commandeering" principle in Printz v. United States, holding that Congress may not constitutionally pass a law that directs a State's administrative officials to take a particular action. In the wake of these decisions, two U.S. circuit courts of appeals have struck down as unconstitutional the Driver's Privacy Protection Act of …

America's Uneasy Relationship With The Working Poor, A. Mechele Dickerson

UC Law Journal

While Americans historically have supported efforts to provide financial assistance to the truly needy members of our society, we have a fear that giving cash or other forms of economic assistance to the unemployed but able-bodied is morally corrupting and fosters economic dependency. Recent efforts to overhaul welfare and bankruptcy laws resulted from the public's perception that too many people failed to become economically self-sufficient despite an extended peacetime period of economic prosperity.

This Article examines our society's uneasy relationship with the working poor and our hesitancy to provide economic relief to ablebodied people who appear to have contributed to …

Institutional Signals And Implicit Bargains In The Ulp Strike Doctrine: Empirical Evidence Of Law As Equilibrium, Michael H. Leroy

UC Law Journal

Law as Equilibrium hypothesizes that the Supreme Court acts strategically, through signals and implicit bargains with the coordinate branches, to import its substantive values to public policies. In this Article, Professor LeRoy provides strong empirical support for this theory.

Examining 467 National Labor Relations Board decisions over a 60- year period that categorized permanent replacement strikes as "economic" or "unfair labor practice" (ULP) strikes, I find remarkable evidence of decisional constancy. For the 1940s, the Board ruled that a replacement strike was also a ULP strike in 39% of its cases. These rulings essentially negated an employer's right to hire …

Amorality And Humanitarianism In Immigration Law, Catherine Dauvergne

All Faculty Publications

The author argues that liberalism does not provide a meaningful standard for assessing whether immigration laws are just. In the absence of a justice standard, immigration laws occupy an amoral realm. Varying strands of liberal theory about membership in society do converge around the humanitarian ideal that some people are so needy that they must be admitted on a moral basis. The humanitarian consensus, however, is unhelpful for most of the broad societal debates about immigration, and is a front for discursive cohesion without any underlying agreement. Humanitarianism is a pragmatic tool for shifting law and policy, but must be …

Interpreting The Income Tax Act - Part 1: Interpretive Doctrines, David G. Duff

All Faculty Publications

This two-part article discusses the various doctrines to which Canadian courts have referred in interpreting the Income Tax Act, evaluates these doctrines, and proposes an alternative "pragmatic" approach that offers a more open, reasoned, and balanced method of statutory interpretation than each of the alternatives otherwise available. Part 1 of the article reviews the four main doctrines applied by Canadian courts in interpreting the Income Tax Act: strict construction, purposive interpretation, the plain meaning rule, and the words-in-total context approach. After the characteristics of each of these four doctrines have been explained, the article examines leading tax cases in which …

Interpreting The Income Tax Act - Part 2: Toward A Pragmatic Approach, David G. Duff

All Faculty Publications

Part 1 of this two-part article reviewed the four main doctrines to which Canadian courts have referred in interpreting the Income Tax Act (strict construction, purposive interpretation, the plain meaning rule, and the words-in-total-context approach) and examined leading cases in which these doctrines have been defined and applied. Part 2 of the article evaluates each of the interpretive doctrines examined in part 1 and develops, as an alternative, an explicitly "pragmatic" approach. This alternative approach builds on the words-in-total-context doctrine by interpreting the words of the Act "in their entire context," having regard to the scheme of the Act, the …

Members’ Briefing: Licensing, Anne Klinefelter

Faculty Publications

No abstract provided.

Proceedings Of The 1999 Annual Meeting, Association Of American Law Schools Section On Employment Discrimination Law: Is There A Disconnect Between Eeo Law And The Workplace?, Douglas D. Scherer, James C. Sharf, Richard T. Seymour, Maria O'Brien Hylton, Paulette Caldwell

Scholarly Works

No abstract provided.

Love, Hate, And Other Emotional Interference In The Lawyer/Client Relationship, Marjorie A. Silver

Scholarly Works

No abstract provided.

The Day The Dogs Died: A Mad Essay On The Perils Of Alien Scholarship, Or An Alien Essay On The Perils Of Mad Scholarship, Louise Harmon

Scholarly Works

No abstract provided.

Southworth V. Grebe: The Conservative Utilization Of "Negative" First Amendment Rights To Attack Diversity Of Thought At Public Universities, Meredith R. Miller

Scholarly Works

No abstract provided.

Deconstructing The Rejection Letter: A Look At Elitism In Article Selection, Dan Subotnik, Glen Lazar

Scholarly Works

No abstract provided.

Discrimination Cases In The Supreme Court's 1997 Term (The Supreme Court And State And Local Government Law: The 1997-1998 Term), Eileen Kaufman

Scholarly Works

No abstract provided.

Iola And Daubert (Symposium: The Supreme Court And Local Government Law: The 1997-98 Term), Leon D. Lazer

Scholarly Works

No abstract provided.

Radicalism, Racism, And Affirmative Action: In Defense Of A Historical Approach, Deseriee Kennedy

Scholarly Works

No abstract provided.

Critical Race Theory – The Last Voyage, Dan Subotnik

Scholarly Works

No abstract provided.

From A Whimper To A Bang: The Trend Toward Finding Occurrence Based Statutes Of Limitations Governing Negligent Misdiagnosis Of Diseases With Long Latency Periods Unconstitutional, Peter Zablotsky

Scholarly Works

No abstract provided.

The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith

Scholarly Works

No abstract provided.

The Business Records Exception To The Hearsay Rule - New Is Not Necessarily Better, Sidney Kwestel

Scholarly Works

No abstract provided.

Witnessing The Process: Reflections On Civil Procedure, Power, Pedagogy, And Praxis, Deseriee A. Kennedy

Scholarly Works

No abstract provided.

Suffer The Little Children: Justifying Same-Sex Marriage From The Perspective Of A Child Of The Union, Lewis A. Silverman

Scholarly Works

No abstract provided.

Seeking A Common Language For The Application Of Rule 11 Sanctions: What Is "Frivolous"?, Samuel J. Levine

Scholarly Works

In this article, Levine analyzes some of the complex issues involved in attempting to apply the ambiguous concept of frivolousness in the context of Rule 11 sanctions. He documents the inconsistency in judicial interpretation and application of Rule 11 frivolousness. Relying in part on the observations and concerns expressed by scholars, practitioners, and judges themselves who have lamented the lack of uniformity and the troubling results that have followed, Levine examines closely some of the problems inherent in the current standards. After demonstrating the wide range of approaches put forth by both judges and scholars to the interpretation of Rule …

Who Determines Children's Best Interests?, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.

Book Review. Roman Law After The Fall Of Rome, David V. Snyder

Articles by Maurer Faculty

Review of: Stein, Peter, Roman Law in European History. New York: Cambridge University Press, 1999.

In Memoriam: Abram Chayes (1922-2000), Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

Advertising Policies Of Medical Journals: Conflicts Of Interest For Journal Editors And Professional Societies, David Orentlicher

Scholarly Works

No abstract provided.

Representing Defendants On Charges Of Economic Crime: Unethical When Done For A Fee, David Orentlicher

Scholarly Works

No abstract provided.

Market Work And Family Work In The 21st Century, Joan C. Williams

Faculty Scholarship

No abstract provided.

Russian Nuclear Dumping: The Environmental Dimension, Lakshman D. Guruswamy, Jason B. Aamodt

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Dealing With The Weapons Inspections Crisis In Iraq, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.