Law Commons^™

Book Review Of Sarah Barringer Gordon's The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth-Century America, Nathan B. Oman

Faculty Publications

No abstract provided.

The Legal Frontiers Of Gender-Based Violence, Persecution, And Discrimination, Linda A. Malone

Popular Media

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

The Chinese Market: An Enigma Unraveled, Stephen F. Diamond

Faculty Publications

No abstract provided.

Symposium: Questions, Answers, And Comments

Connecticut Journal of International Law

No abstract provided.

User Friendly: Informality And Expertise, Annelise Riles

Cornell Law Faculty Publications

No abstract provided.

The Courts, Educational Policy, And Unintended Consequences, Michael Heise

Cornell Law Faculty Publications

Recent school finance litigation illustrates yet again how law can generate unintended policy consequences. Seeking to improve student achievement and school accountability, more states now turn to educational standards and assessments. At the same time, a multi-decade school finance litigation effort develops and changes its theoretical base. Recently, educational standards and school finance litigation converged in a way that enables school districts to gain financially from their inability to meet desired achievement levels. Specifically, courts increasingly allow litigants and lawsuits to transform standards and assessments into constitutional entitlements to additional resources. As a consequence, increased legal and financial exposure for …

The Rhetoric Of Legal Backfire, Robert A. Hillman

Cornell Law Faculty Publications

This Article focuses on legal backfire claims. A claim of legal backfire constitutes the position that a law produces or will produce results directly contrary to one or more of those intended. Legal backfire claims are pervasive, yet potentially misleading and harmful argumentation used primarily to undermine existing law (or policy) or to forestall the enactment of new law. This Article analyzes many examples of legal backfire to suggest that the concept is often a rhetorical strategy for opposing the promulgation of new law or policy or for attempting to have existing law rolled back, and that actual legal backfires …

The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin

Cornell Law Faculty Publications

Criticism of American public schools has been a cottage industry since the Nineteenth Century. In recent years the criticism has gone to the roots. Critics charge that to leave children imprisoned in the public school monopoly is to risk the standardization of our children; it is to socialize them in the preferred views of the State. They argue that it would be better to adopt a system of vouchers or private scholarships to support a multiplicity of private schools. A multiplicity of such schools, it is said, would enhance parental choice, would foster competition, and would promote a diversity of …

Comparative Multi-Disciplinary Practice Of Law: Paths Taken And Not Taken, Charles W. Wolfram

Cornell Law Faculty Publications

It is always an interesting journey to return to one's roots, and many of the most important of my personal and professional roots are here in Cleveland, including my birth and the first twenty years of life. Subsequent wanderings have taken me far from here, but always to return. We consider here another set of journeys and pathways that are institutional, not personal. The paths traversed are both national and international, and they will take us on journeys that are far from completed. They concern the ways in which various contemporary legal cultures have so far approached the subject of …

Contract Lore, Robert A. Hillman

Cornell Law Faculty Publications

The article investigates why contracts lawyers, judges, and theorists ("contracts people") routinely and confidently invoke "traditional beliefs" about contract law that are not even close to true. For example, contracts people often declare that the purpose of expectancy damages is to put the injured party in as good a position as if the contract had been performed. But expectancy damages virtually never do this. Contracts people also recite that the reasons for breach, whether willful, negligent or unavoidable, do not matter, and that formation and interpretation issues focus on the parties' intentions. Neither of these assertions is close to true …

Human Capital And Employee Mobility: A Rejoinder, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

Workers' Compensation Reviews And Appeals: A Review And Suggestion For Change, Brad A. Elward

Northern Illinois University Law Review

This article serves numerous purposes. The piece not only provides a solid analysis of Workers' Compensation appellate procedure, but also includes many tips on appeals, from brief writing to oral arguments. The piece can serve as both a "how to" manual for practitioners and a suggestion for change to the Illinois General Assembly. The author draws on his own extensive experience in appellate procedure, especially in the area of Workers' Compensation. The theme of the piece is that understanding the strict requirements of Workers' Compensation appeals will allow practitioners to successfully prosecute those appeals. The piece then concludes by suggesting …

Tort Liability For The Sale Of Non-Defective Products: An Analysis And Critique Of The Concept Of Negligent Marketing, Richard C. Ausness

Law Faculty Scholarly Articles

This Article will evaluate the concept of negligent marketing to see whether it ought to become a part of our legal jurisprudence or whether it should be discarded as doctrinally unsound, possibly harmful to important social and economic interests.

Part II of this Article provides an overview of the negligent marketing theory. Negligent marketing can be divided into three categories: (1) product designs that make the product more attractive to criminals; (2) advertising and promotional activities that target inappropriate users; and (3) product distribution practices that facilitate retail sales of dangerous products to vulnerable or unsuitable users. The first category …

Manufacturing Defects, David G. Owen

Faculty Publications

No abstract provided.

When School Management Companies Fail: Righting Educational Wrongs, Kathleen Conn

The Journal of Law and Education

No abstract provided.

Workers' Compensation And Collegiate Athletes: The Debate Over The Pay For Play Model: A Counterpoint, Michael J. Mondello, Joseph Beckham

The Journal of Law and Education

No abstract provided.

Title Page

The Journal of Law and Education

No abstract provided.

Book Review

The Journal of Law and Education

No abstract provided.

Maine Law Magazine - Issue No. 78, University Of Maine School Of Law

Maine Law Magazine

• Feature Article: Maine’s Law Schools
• Commencement 2002
• Around Campus
• Faculty News
• Focus on Faculty: Professor Orlando Delogu
• Focus on Alums: John H. Montgomery III ‘77
• Focus on Alums: Three Alums Find Publishing Success
• Alumni/ae News

Table Of Contents

University of Miami Law Review

No abstract provided.

Street Legal: The Court Affords Police Constitutional Carte Blanche To Arrest, Wayne A. Logan

Scholarly Publications

This article discusses the Supreme Court's landmark 2001 decision Atwater v. City of Lago Vista, upholding the authority of police to execute warrantless arrests for menial offenses (there, failure to wear a seatbelt) so long as police have probable cause to support such arrests.

A Three-Dimensional Model For The Use Of Expert Psychiatric And Psychological Evidence In False Confession Defenses Before The Trier Of Fact, Joshua E. Kastenberg

Faculty Scholarship

Part I of this Article delineates a defendant's right to present voluntariness and credibility evidence against his or her confession. This section analyzes the basic constitutional framework of how a defendant can present this evidence and describes the traditional safeguards against false confessions. This background information provides a context for the overarching issue of expert testimony admissibility. Part II provides a basic understanding of differences between the psychiatric (medical model) and psychological (social model) approach to false confessions. It then examines the types of false confession defenses used by defendants and the interrogation techniques challenged by defendants. Part III reviews …

The Cookie Cutter Syndrome: Legal Reform Assistance Under Post-Communist Democratization Programs, Cynthia Alkon

Faculty Scholarship

Communism ended in most parts of Eastern Europe and the former Soviet Union over ten years ago. However, the legal and judicial systems in many of these nations seemingly defy reform efforts. What I call in this article the "Cookie Cutter Syndrome" describes the standard approach Western nations developed to assist legal reform in the former Communist world.' Despite vastly different conditions in these countries, the model for judicial reform remains very similar, and is rooted in litigation and adversarial practices. The question of whether an adversarial-based approach is appropriate becomes even more acute as assistance efforts focus more on …

International Parallel Litigation - A Survey Of Current Conventions And Model Laws, James P. George

Faculty Scholarship

Parallel litigation is difficult to define and sometimes means what the speaker wants it to mean. It may be limited to identical lawsuits with exactly the same parties and the same claims. It may also mean any instance of two or more lawsuits that may result in claim preclusion for some or all of the parties. It includes concepts of reactive and repetitive litigation, related litigation, and derivative litigation. Whatever it is thought to encompass, it incurs criticism as being vexing and harassing, wasteful of the parties' and courts' resources, and inclined to produce inconsistent results and possibly inter-governmental discord. …

Is A "Hearing Officer" Really A Judge?: The Presumed Role Of "Judges" In The Unconstitutional New York Housing Court, Harvey Gee

City University of New York Law Review

No abstract provided.

Hostile Environment Actions, Title Vii, And The Ada: The Limits Of The Copy-And-Paste Function, Lisa Eichhorn

Washington Law Review

Two federal circuits, borrowing from Title VII jurisprudence, recently recognized a cause of action for a disability-based hostile environment under the Americans with Disabilities Act (ADA). Neither opinion, however, considered how the analysis of a disability-based hostile environment claim under the ADA might differ from that of a race- or sex-based hostile environment claim under Title VII. This Article examines the differing theories of equality underlying the two statutes and argues that, because the statutes prohibit discrimination in fundamentally different ways, courts must resist the temptation to copy and paste Title VII doctrine into ADA hostile environment opinions. This Article …

Keffeler V. Department Of Social And Health Services: How The Supreme Court Of Washington Mistook Caring For Children As Robbing Them Blind, Tobias J. Kammer

Washington Law Review

Social Security benefits aid in the basic care of beneficiaries. Washington's Department of Social and Health Services (DSHS) used benefits toward this end until Keffeler v. Department of Social and Health Services. In Keffeler, the Supreme Court of Washington ruled that DSHS, even when acting as representative payee, could not use a foster child's Social Security benefits to pay for his or her current maintenance. The court held that DSHS's use of Social Security benefits to pay for the current maintenance of foster children violated 42 U.S.C. § 407 of the Social Security Act, which protects Social Security …

Book Review: The Constitutional Protection Of Freedom Of Expression, By Richard Moon, Jamie Cameron

Osgoode Hall Law Journal

No abstract provided.

Lesbians, Gay Men, And The Canadian Charter Of Rights And Freedoms, Brenda Cossman

Osgoode Hall Law Journal

The legacy of the first twenty years of the Charter for lesbians and gay men is a contradictory one of victories and defeats. At the level of doctrine, strategy, and politics, both the victories and defeats have been precarious and contradictory. While gaining formal equality rights, lesbians and gay men have not been able to secure rights to sexual freedom. And while formal equality has displaced the heteronormativity that denied legal recognition and subjectivity to lesbians and gay men, this formal equality has come at a cost. Lesbians and gay men are being reconstituted in law: some are being newly …