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Articles 1 - 30 of 31
Full-Text Articles in Law
Unbending Gender: Why Family And Work Conflict And What To Do About It, Martha M. Ertman
Unbending Gender: Why Family And Work Conflict And What To Do About It, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Regulating Research With Decisionally Impaired Individuals: Are We Making Progress?, Diane E. Hoffmann, Jack Schwartz, Evan G. Derenzo
Regulating Research With Decisionally Impaired Individuals: Are We Making Progress?, Diane E. Hoffmann, Jack Schwartz, Evan G. Derenzo
Faculty Scholarship
No abstract provided.
Enforcement Of Federal Private Rights Against States After Alden V. Maine: The Importance Of Hutto V. Finney And Compensation Via Civil Contempt Proceedings, Gordon G. Young
Faculty Scholarship
No abstract provided.
The Practice Of Law, Karen H. Rothenberg
The Case For Including Marks V. United States In The Canon Of Constitutional Law, Maxwell L. Stearns
The Case For Including Marks V. United States In The Canon Of Constitutional Law, Maxwell L. Stearns
Faculty Scholarship
In this essay, I would like to suggest adding a single case, with appropriate commentary, to the canon of constitutional law, as presented in introductory casebooks. Specifically, I suggest including Marks v. United States, as a principal case, or in the form of a detailed summary, immediately before or after the first major plurality decision. I should note that the case is rather short – nine pages in the U.S. Reports – and that it nominally involves obscenity doctrine. I would suggest, counterintuitively perhaps, that the case is more fruitfully presented toward the beginning of an introductory course in constitutional …
Why Should Lawyers Care About Institutional Data On Courts?, Maxwell L. Stearns
Why Should Lawyers Care About Institutional Data On Courts?, Maxwell L. Stearns
Faculty Scholarship
In the “U.S. Supreme Court Judicial Data Base: providing new insights into the Courts,” Professors Harold Spaeth and Jeffrey Segal provide a brief and valuable overview of the two Supreme Court databases, with a particular focus on how those databases might be of use to those with professional legal training, namely law professors, lawyers, and perhaps also judges. In this comment, I will describe what I consider to be the limitations, and uses, of such data for those of us trained in law, and who most likely will lack the rigorous social science background familiar to most present users of …
Racial Diversity On The Bench: Beyond Role Models And Public Confidence, Sherrilyn A. Ifill
Racial Diversity On The Bench: Beyond Role Models And Public Confidence, Sherrilyn A. Ifill
Faculty Scholarship
The lack of racial diversity on our nation’s courts threatens both the quality and legitimacy of judicial decision-making. Traditional arguments emphasizing the “role model” value of black judges and the need for black judges to help promote “public confidence” in the justice system have turned our attention away from the most important justification for judicial diversity: Diversity on the bench can enrich judicial decision-making by including a variety of voices and perspectives in the deliberative process. In this Article, the Author advocates racial diversity among judges as a critical means of achieving cultural pluralism in judicial decision-making.
Judicial diversity advocates …
Oscar Wilde: Paradoxical Poster Child For Both Identify And Post-Identify, Martha M. Ertman
Oscar Wilde: Paradoxical Poster Child For Both Identify And Post-Identify, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Fulfilling Technology's Promise: Enforcing The Rights Of Women Caught In The Global High-Tech Underclass, Shruti Rana
Fulfilling Technology's Promise: Enforcing The Rights Of Women Caught In The Global High-Tech Underclass, Shruti Rana
Faculty Scholarship
In the early 1980s, Malaysian women working in electronics factories began to experience hallucinations and seizures. Factory bosses manipulated their employees' religious and cultural beliefs, convincing the women that their bodies were inhabited by demons. In this manner, they avoided confronting the more likely causes: the rigid, paternalistic work environment, the intense production pressures placed on the women, and the lengthy shifts and potentially hazardous conditions that the women were forced to endure. This example illustrates the use of gender, religion, and to control and exploit women's labor in the high-tech industry. Unfortunately, this is not an isolated situation.
This …
Children: Wards Or Waifs Of The Court, Susan P. Leviton
Children: Wards Or Waifs Of The Court, Susan P. Leviton
Faculty Scholarship
No abstract provided.
Jiegou Zhengfu Hetong Zhidu - Yi Mei Guo Moshi Wei Lie [Constructing A Government Contracting System: Examples From The American Model], Daniel J. Mitterhoff
Jiegou Zhengfu Hetong Zhidu - Yi Mei Guo Moshi Wei Lie [Constructing A Government Contracting System: Examples From The American Model], Daniel J. Mitterhoff
Faculty Scholarship
No abstract provided.
The Border Guard Trials And The East German Past - Seven Arguments, Peter E. Quint
The Border Guard Trials And The East German Past - Seven Arguments, Peter E. Quint
Faculty Scholarship
No abstract provided.
The Mdp Controversy: What Legal Educators Should Know, Phoebe A. Haddon
The Mdp Controversy: What Legal Educators Should Know, Phoebe A. Haddon
Faculty Scholarship
No abstract provided.
Stranger In A Strange Land: Biotechnology And The Federal Circuit, Lawrence M. Sung
Stranger In A Strange Land: Biotechnology And The Federal Circuit, Lawrence M. Sung
Faculty Scholarship
No abstract provided.
Collegiality And Collaboration In The Age Of Exclusivity, Lawrence M. Sung
Collegiality And Collaboration In The Age Of Exclusivity, Lawrence M. Sung
Faculty Scholarship
No abstract provided.
The Corruption Of Civic Environmentalism, Rena I. Steinzor
The Corruption Of Civic Environmentalism, Rena I. Steinzor
Faculty Scholarship
No abstract provided.
Colorism: A Darker Shade Of Pale, Taunya Lovell Banks
Colorism: A Darker Shade Of Pale, Taunya Lovell Banks
Faculty Scholarship
In this article, Professor Banks argues that colorism, skin tone discrimination against dark-skinned but not light-skinned blacks, constitutes a form of race-based discrimination. Skin tone discrimination coexists with more traditional forms of race discrimination that impact all blacks without regard to skin tone and phenotype, yet courts seem unwilling to recognize this point. Professor Banks uses employment discrimination cases to illustrate some courts' willingness to acknowledge subtler forms of race-based discrimination, like skin tone discrimination, for white ethnic and Latina/o plaintiffs, but not for black plaintiffs. The inability of courts to fashion coherent approaches to colorism claims involving black claimants …
Naked Land Transfers And American Constitutional Development, Mark A. Graber
Naked Land Transfers And American Constitutional Development, Mark A. Graber
Faculty Scholarship
The constitutional prohibition on naked land transfers, laws granting to B property that belonged to A, played a far greater role in American constitutional development than is generally realized. The Marshall and Taney Courts heard numerous cases in which government officials were accused of expropriating private property, typically by legislative oversight rather than by deliberate intent. When resolving these cases, antebellum justices relied heavily on “certain great principles of justice” rather than on specific constitutional provisions. Supreme Court majorities on several occasions probably exercised the judicial power to declare federal laws unconstitutional. More frequently, Marshall and Taney Court decisions in …
Prologomenon To An Empirical Restatement Of Conflicts, William M. Richman, William L. Reynolds
Prologomenon To An Empirical Restatement Of Conflicts, William M. Richman, William L. Reynolds
Faculty Scholarship
No abstract provided.
How Does The Dean Resemble The Islets Of Langerhans?, Donald G. Gifford
How Does The Dean Resemble The Islets Of Langerhans?, Donald G. Gifford
Faculty Scholarship
In this essay, I suggest an admittedly bizarre analogy between the roles played by an effective dean and the functions of an obscure component of the human body.
E-Tax: Fundamental Tax Reform And The Transition To A Currency-Free Economy, Daniel S. Goldberg
E-Tax: Fundamental Tax Reform And The Transition To A Currency-Free Economy, Daniel S. Goldberg
Faculty Scholarship
No abstract provided.
Licensing Intellectual Property And Technology From The Financially-Troubled Or Startup Company: Prebankruptcy Strategies To Minimize The Risk In A Licensee's Intellectual Property And Technology Investment, Richard M. Cieri, Michelle M. Harner
Licensing Intellectual Property And Technology From The Financially-Troubled Or Startup Company: Prebankruptcy Strategies To Minimize The Risk In A Licensee's Intellectual Property And Technology Investment, Richard M. Cieri, Michelle M. Harner
Faculty Scholarship
No abstract provided.
The Right To Strike In Essential Services Under United States Labor Law, Marley S. Weiss
The Right To Strike In Essential Services Under United States Labor Law, Marley S. Weiss
Faculty Scholarship
SUMMARY: I. Introduction. II. A Brief History of U.S. Collective Labor Relations Laws. III. The Structure of Labor-Management Relations in The U.S. IV. The Right to Strike. V. Private Sector “Essential Services” Provisions: LMRA National. VI. Conclusion.
Race Talk: Patricia J. Williams' Seeing A Color-Blind Future: The Paradox Of Race, Taunya Lovell Banks
Race Talk: Patricia J. Williams' Seeing A Color-Blind Future: The Paradox Of Race, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
The French Experience With Duty To Rescue: A Dubious Case For Criminal Enforcement, Edward A. Tomlinson
The French Experience With Duty To Rescue: A Dubious Case For Criminal Enforcement, Edward A. Tomlinson
Faculty Scholarship
No abstract provided.
Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana
Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana
Faculty Scholarship
In every society, the work that women do is undervalued and unrecognized. Political and social tensions behind conceptions of work, motherhood, and equality can ignite movements that threaten the human rights of women. One such movement is underway in the United States where recent “Workfare” provisions specifically target and punish the most vulnerable members of society under the guise of reform and morality. This critique of Workfare aims to demonstrate some of the dynamism and power of a human rights framework, and to lay the groundwork for effective action to improve the plight of the single mothers who rely on …
Contract Sports, Martha M. Ertman
Alternative Dispute Resolution And The Potential For Gender Bias, Leigh S. Goodmark
Alternative Dispute Resolution And The Potential For Gender Bias, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Devolution And The Public Health, Rena I. Steinzor
Devolution And The Public Health, Rena I. Steinzor
Faculty Scholarship
No abstract provided.
The Direction Of Corporate Law: The Scholars' Perspective, John C. Coffee Jr., Richard A. Booth Marbury Research Professor Of Law, R. Franklin Balotti, David C. Mcbride, Edward P. Welch
The Direction Of Corporate Law: The Scholars' Perspective, John C. Coffee Jr., Richard A. Booth Marbury Research Professor Of Law, R. Franklin Balotti, David C. Mcbride, Edward P. Welch
Faculty Scholarship
Transcript of a panel on a scholar's approach to corporation law.