Law Commons^™

Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber

Articles by Maurer Faculty

This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …

Conflicts Empiricism, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Function, Nonfunction, And Monumental Works Of Architecture: An Interpretive Lens In Copyright Law, Melissa M. Mathis

Cardozo Law Review

No abstract provided.

Hegel's Theory Of Quality, David Gray Carlson

Cardozo Law Review

No abstract provided.

Antitrust And The Draft Hague Judgments Convention, William S. Dodge

Faculty Scholarship

No abstract provided.

Sanctions As Genocide, George Bisharat

Faculty Scholarship

No abstract provided.

International Decisions: Metalclad Corp. V. Mexico And Mexico V. Metalclad Corp., William S. Dodge

Faculty Scholarship

No abstract provided.

Embracing The Darkness: Logerquist V. Mcvey And The Doctrine Of Ignorance Of Science Is An Excuse, David L. Faigman

Faculty Scholarship

No abstract provided.

International Decision: Waste Management, Inc. V. Mexico, William S. Dodge

Faculty Scholarship

No abstract provided.

Remarks (Control And Appeal In Nafta Chapter Eleven Arbitration), William S. Dodge

Faculty Scholarship

No abstract provided.

The Tipping Point In The Law's Use Of Science: The Epidemic Of Scientific Sophistication That Began With Dna Profiling And Toxic Torts, David L. Faigman

Faculty Scholarship

No abstract provided.

The Requirement Of Full-Time Faculty In American Legal Education: Responsibilities And Expectations, Mary Kay Kane

Faculty Scholarship

No abstract provided.

The Babbitt Legacy At The Department Of The Interior: A Preliminary View, John D. Leshy

Faculty Scholarship

No abstract provided.

Shaping The Modern West: The Role Of The Executive Branch, John D. Leshy

Faculty Scholarship

No abstract provided.

Good Enough For Government Work? The Tension Between Uniformity And Differing Regional Values In Administering The Federal Death Penalty, Rory K. Little

Faculty Scholarship

No abstract provided.

The Agenda-Setter For Complex Litigation, Richard L. Marcus

Faculty Scholarship

No abstract provided.

2001-2002 Juris Doctorate Candidates Of The School Of Law, University Of Alabama School Of Law

Juris Doctorate Candidates of the School of Law

No abstract provided.

Occasional Publications Of The Bounds Law Library, Number Two: Wade Keyes' Introductory Lecture To The Montgomery Law School: Legal Education In Mid-Nineteenth Century Alabama, David I. Durham, Paul M. Pruitt Jr., Wade Keyes

Occasional Publications of the Bounds Law Library

Occasional Publications of the Bounds Law Library, Number Two contains a biography of Wade Keyes (1821-1979) - Alabama chancellor, scholar, and teacher, a brief history of the Montgomery Law School, and the lecture given by Keyes in March 1860 to the Montgomery Law School class on their first day. Keyes' founded the Montgomery Law School as an expansion of his classes on property law, which he began teaching during his stint as Chancellor of the Southern Division of the Court of Chancery between 1853 and 1859. The school was incorporated into the University of Alabama in 1860.

Occasional Publications Of The Bounds Law Library, Number One: A Guide To The Howell Thomas Heflin Collection, Paul M. Pruitt Jr., David I. Durham

Occasional Publications of the Bounds Law Library

Occasional Publications of the Bounds Law Library, Number One contains a biography of United States Senator Howell Thomas Heflin as well as an overview of the Howell Thomas Heflin Collection maintained by the University of Alabama School of Law's Bounds Law Library. Heflin deposited his papers with the University of Alabama School of Law in December 1996. The collection comprises more than 1000 cubic feet of documents, printed materials, and artifacts which are stored in and maintained by the Bounds Law Library’s John C. Payne Special Collections facility. Representing the Payne facility’s largest single collection, the Heflin Papers document …

From Difference To Dominance To Domesticity: Care As Work, Gender As Tradition, Joan C. Williams

Faculty Scholarship

No abstract provided.

The Politics Of Judicial Reform In Japan: The Rule Of Law At Last?, Setsuo Miyazawa

Faculty Scholarship

The purpose of this paper is to discuss the most recent changes in Japan's political environment that could radically alter its judicial system and legal profession in the near future. Reform of the judicial system and legal profession has now been placed on the national agenda, and the cast of players involved has spread from the traditional groups of legal professionals (judges, prosecutors, and attorneys) to the major actors of the larger political process, namely the Liberal Democratic Party (Jiya Minshu T6) ("LDP"), the ruling conservative party, and the Federation of Economic Organizations (Keidanren), one of the most influential organizations …

Globalization And Cross-Border Litigation,, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Los Requistos Del Claustro De Profesores A Jornada Completa En La Enseñanza Legal Americana: Responsabilidad Y Expectativas, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Introduction: Towards Understanding South African Constitutionalism, Penelope Andrews, Stephen Ellmann

Articles & Chapters

No abstract provided.

From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews

Articles & Chapters

This article discusses the quest for women's rights in South Africa and how the transition from apartheid to democracy led to a commitment to gender equality as incorporated in South Africa's transitional and final Constitutions. This paper refers to the organizational attempts by women prior to and during the constitutional drafting process to ensure that the new Constitution embodied the aspirations and reflected the struggles for women's rights by women activists in South Africa. This article is divided into six sections. Section Two describes the legacy of apartheid for all women in South Africa. This section shows how the laws …

Arbitration Of Truth-In-Lending-Act Claims, Marshall E. Tracht

Articles & Chapters

In recent years, it has become increasingly common for lenders to include arbitration clauses in their consumer financing agreements. While federal law strongly supports the enforceability of arbitration provisions, there are a number of grounds on which their enforceability can be, and has been, challenged.

This article summarizes the state of the law on a number of major issues which have arisen in the attempt to use arbitration clauses in consumer financing agreements, focusing on Truth-in-Lending Act claims, including an analysis of the Supreme Court's recent decision in Green Tree Financial Corp. v. Randolph.

Enforcing The Community Reinvestment Act: An Advocate's Guide To Making The Cra Work For Communities, Richard D. Marsico

Articles & Chapters

This guide to the Community Reinvestment Act (CRA) is designed to provide community advocates with the basic information and skills they need to challenge bank redlining and promote economic development in their neighborhoods. The Guide includes four sections: the legal structure of the CRA; important information about banks and how to get it; analyzing a bank's CRA records, and participating in the CRA enforcement process.

Rights, Rights Of Action, And Remedies: An Integrated Approach, Donald H. Zeigler

Articles & Chapters

Traditionally, courts equated rights and remedies. Consequently, courts sought to provide remedies for the violation of statutory rights even if a statute did not contain detailed enforcement provisions. In the 1970s, however, the U.S. Supreme Court transformed what had been a unified inquiry into whether a statutory provision should be judicially enforceable into three distinct questions and developed separate criteria for deciding whether a statute should be read to create a right, imply a right of action, or provide a remedy. Rights, rights of action, and remedies are inextricably related. The Court's attempt to separate these inseparable concepts has led …

Views On Multidisciplinary Practice With Particular Reference To Law And Economics, New York, And North Carolina, Sydney M. Cone Iii.

Articles & Chapters

This Article-after describing analytical gaps in the work of the ABA Commission on MDP, and after criticizing the analysis of MDP by the law and economics school and the Big Five subset thereof-sets forth, with commentary, proposals relating to MDP developed by the New York State Bar Association and the MDP Task Force of the North Carolina Bar Association. It concludes by comparing these proposals in the context of the law governing lawyers in the United States.

A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann

Articles & Chapters

As constitutional protection of human rights expands around the world, the question of whether constitutional rights should protect people not only against state action but also against the conduct of private actors is once again timely. Few nations have so broadly, or so ambiguously, endorsed the application of constitutional guarantees to constrain private conduct (known outside the United States as "horizontality") as South Africa. The constitution approved in 1996 applies fully and without qualification to all "organs of state," and this term is defined in section 239 in potentially very broad terms, notably embracing "any other functionary or institution ... …