Law Commons^™

The Crack In Justice Scalia's Crystal Ball: Single-Sex Charter Schools May Prove His Prediction In Vmi Was Wrong, Sarah Kinsman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Statutory Regulations Of Midwives: A Study Of California Law, Julie Harmon

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Courtroom Bias: Gender Discrimination Against Pregnant Litigators, Sandy Mastro

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Passions Of Battered Women: Cognitive Links Between Passion, Empathy, And Power, Mary Becker

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Digital Information, Licensing, And The Threat To Fair Use, James S. Heller

Library Staff Publications

No abstract provided.

Proposal For Linking Culpability And Causation To Ensure Corporate Accountability For Toxic Risks, Thomas O. Mcgarity

William & Mary Environmental Law and Policy Review

No abstract provided.

Standing Upright: The Moral And Legal Standing Of Humans And Other Apes, Adam Kolber

Faculty Scholarship

No abstract provided.

When A Clinician Grew In Brooklyn: A Tribute To Kathleen Sullivan, Stacy Caplow, Minna J. Kotkin

Faculty Scholarship

No abstract provided.

Drug Designs Are Different, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Feeling The Heat Of Human Rights Branding: Bringing Transnational Corporations Within The International Human Rights Fence, Robert Mccorquodale

Human Rights & Human Welfare

A review of:

Human Rights Standards and the Responsibility of Transnational Corporations edited by Michael K. Addo. The Hague: Kluwer Law International, 1999. 384pp.

Motions 2001 Volume 37 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

The Quest For Scholarship: The Legal Writing Professor's Paradox, Susan P. Liemer

Publications

This article explores the many institutionalized obstacles placed in the paths of the legal academy's experts on legal writing when they themselves attempt to write.

When The Local And The Global Are Too Close For Comfort, Lawrence La Fountain-Stokes

Center for LGBTQ Studies (CLAGS)

In the early morning of August 15, 2001, Edgar Garzon, a 35-year-old Latino gay man better know as "Eddie," was viciously attacked with a "blunt instrument" by an unidentified assailant who jumped out of a red car. This occurred in Jackson Heights, Queens, an extremely diverse neighborhood with large concentrations of Latin Americans, Indians, Pakistanis, Bangladeshis and Koreans and a sizeable gay population. Garzon suffered three fractures in his cranium and was in a coma until September 4, when he passed away at Elmhurst Medical Center. His family, who reside mostly in Colombia and Florida, as well as his close …

Recognizing Schools' Legitimate Educational Interests: Rethinking Ferpa's Approach To The Confidentiality Of Student Discipline And Classroom Records, Lynn M. Daggett, Dixie Snow Huefner

American University Law Review

No abstract provided.

Legislative And Judicial Solutions For Mental Health Parity: S. 543, Reasonable Accommodation, And An Individualized Remedy Under Title I Of The Ada, Keith Nelson

American University Law Review

No abstract provided.

Putting The Lid On State-Sanctioned Cartels: Why The State Action Doctrine In Its Current Form Should Become A Remnant Of The Past, Aaron C. Stine, Eric D. Gorman

University of Miami Law Review

No abstract provided.

Race, Reputation, And The Supreme Court: Valuing Blackness And Whiteness, Fran Lisa Buntman Phd.

University of Miami Law Review

No abstract provided.

Invisible Markets Netting Visible Results: When Sub-Prime Lending Becomes Predatory, Cassandra Jones Havard

All Faculty Scholarship

In this article, I argue that Ellison's metaphor of social invisibility—the societal undervaluing of minorities—is analogous to economic invisibility—the denial of fair access to credit to minorities. I then use the metaphor of invisibility as a basis for understanding the contemporary legal problem of predatory lending, or making credit available to borrowers at unreasonably high interest rates. Disguised as credit access to high-risk, underserved borrowers, predatory lending helps to create risk by offering borrowers products that do not adequately measure risk and that are not fairly priced.

Persuasion: A Model Of Majoritarianism As Adjudication, Christopher J. Peters

All Faculty Scholarship

This article, which has been published in slightly revised form at 96 Nw. U.L. Rev. 1 (2001), is an application and extension of my theory of adjudication as representation, which holds that the procedural elements of litigant participation and interest representation confer democratic legitimacy on court decisions. In the article, I first develop the notion of a "majoritarian difficulty": the often-ignored tension between democratic self-rule and majority domination of the political minority. Second, I offer a model of majoritarianism as a type of adjudication, in which interested parties lobby for favorable decisions by a neutral decisionmaker. Third, I contend that …

Attorney Fact-Finding, Ethical Decision-Making And The Methodology Of Law, Robert Rubinson

All Faculty Scholarship

This Article explores the significance, challenges, and complexities of attorney fact-finding in ethical decision-making. Almost all discourse about legal ethics, from the pedagogical to the scholarly to the practical, takes facts for granted in order to focus on issues about ethical rules. The factual dimension of ethical decision-making, however, is critical to the decision-making process and can be subjected to rigorous and systematic study. Indeed, it is lawyers in a situation who engage in ethical decision-making, and such a situation entails the assimilation and interpretation of many sources of information. Such a process necessarily includes the motivations and ambivalence of …

Business Lawyer, Woman Warrior: An Allegory Of Feminine And Masculine Theories, Barbara Ann White

All Faculty Scholarship

The first part of this essay is a discourse on how two of the last half century’s most influential contributions to legal thinking: Law and Economics Jurisprudence and Feminist Legal Theory, whose adherents are normally adversaries, can function synergistically to create a greater analytic power. Using business law issues as an example - historically law and economics’ terrain but recently explored by feminism - I comment on how each can unravel different knots but each standing alone leave other conundrums unresolved.

Expanding on the feminist concept of “masculine thinking,” I discuss how, just as law and economics’ analytic style (i.e., …

Using Trusts To Conserve Resources: A Book Review Of Conservation Trusts, Robert W. Malmsheimer

Buffalo Environmental Law Journal

No abstract provided.

Revising State Recreational Use Statutes To Assist Private Property Owners And Providers Of Outdoor Recreational Activities, Terence J. Centner

Buffalo Environmental Law Journal

No abstract provided.

The Role Of Causation In Science As Law And Proposed Changes In The Current Common Law Toxic Tort System, Clifford Fisher

Buffalo Environmental Law Journal

No abstract provided.

Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Trade Secrets, Non-Competes, and Unfair Competition held by UK/CLE in October 2001.

Coping With Disaster, Judith S. Kaye

The Journal of Appellate Practice and Process

This essay is the text of the keynote address given at the National Appellate Bench/Bar Conference and Colloquy on October 5, 2001. The New York court system was wounded during the September 11 attacks. One court was situated inside the World Trade Center and the other busy Manhattan courts were inaccessible. Reviving the Manhattan courts was a feat that no one was prepared for but was eagerly taken on.

Tragedy And Due Process, J. Thomas Sullivan

The Journal of Appellate Practice and Process

The attacks on September 11 shocked the United States. The very heart of our collective understanding of the order of things was struck. This tragedy allowed many to stand up and show courage. One such anecdote involves a condemned Texas inmate and Governor Rick Perry's assurance that due process would be ensured.

The Politics Of Bush V. Gore, Evan Tsen Lee

The Journal of Appellate Practice and Process

Critical Legal Studies ("the Crits") burst onto the law school scene in the mid-1970s. The Crits believe that "all law is politics." The Crits lost their momentum by the 1990s. The case Bush v. Gore has forced many to believe that all law is in fact politics.

Preface, Rodney K. Smith

The Journal of Appellate Practice and Process

The Solicitor General of the United States is "the Appellate Lawyer's Lawyer." The Solicitor General is the leading appellate advocate before the Supreme Court. The Solicitor General participates in 75% of oral arguments in the Court and represents no one but the United States. This special section is a tribute to this valued position.

Toward A Community Of Professionalism, Elliot L. Bien

The Journal of Appellate Practice and Process

Professionalism amongst American litigators has declined. Many jurisdictions have adopted codes of conduct in order to restore professionalism. These attempts have done little to restore professionalism. Similar adversarial systems, like England's, are admired for their professionalism. What creates this value amongst barristers is a sense of community. A similar practice should be adopted in the United States in order to restore a sense of professionalism in litigation.