Law Commons^™

Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick

Faculty Publications

No abstract provided.

Recent Developments Concerning Environmental Law And Agriculture, Linda A. Malone

Faculty Publications

No abstract provided.

Depaul Law School Briefs

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

Defending The Universality And Timelessness Of The Universal Declaration Of Human Rights: A View From The ‘Developing’ World, Shaista Shameem

Human Rights & Human Welfare

A review of:

Human Rights: Concepts, Contests, Contingencies edited by Austin Sarat and Thomas R. Kearns. Ann Arbor: University of Michigan Press, 2001. 144pp.

Psychodrama At Harvard, Dana K. Cole

Akron Law Faculty Publications

The author describes his experience teaching trial advocacy at Harvard Law School.

Twenty Years Of Labour Law And The Charter, Dianne Pothier

Osgoode Hall Law Journal

This article critically reviews the Charter jurisprudence of the Supreme Court of Canada relating to labour law. The rejection of the right to strike and to bargain collectively as part of freedom of association reflect substantial judicial deference to legislative policy choices. Recently, however, a constitutional right of unfair labour protection for particularly vulnerable workers shows some judicial willingness to intervene. While freedom of expression provides significant scope to union supporters, picketing and leafleting are still subject to wide restraint, the exact parameters of which remain unclear. The Charter has had only a modest effect on labour law. Even successful …

Book Review: Global Environmental Problems And International Environmental Agreements: The Economics Of International Institution Building, By Timothy Swanson And Sam Johnston, Jaye Ellis

Osgoode Hall Law Journal

No abstract provided.

The Invisible Worker, Lenni B. Benson

Articles & Chapters

No abstract provided.

Court Review: Volume 39, Issue 2 - Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane H. Aiken, Jane C. Murphy

Court Review: Journal of the American Judges Association

New laws and policies aimed at protecting victims of domestic violence have been adopted across the country throughout the last twenty years. The legal approaches taken to protect battered women and control family violence have brought about significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent’s fitness by considering past acts of violence to other family members results in …

Court Review: Volume 39, Issue 2 - Firearms And Domestic Violence: A Primer For Judges, Darren Mitchell, Susan B. Carbon

Court Review: Journal of the American Judges Association

Firearms and domestic violence are a deadly combination. As the examples on the following page show, abusers who gain access to firearms pose a lethal threat both to those they have abused and to the wider community. Even where laws exist to disarm abusers and prevent them from purchasing new firearms, absent effective implementation of the laws—by judges, as well as by others in the civil and criminal justice system— survivors of domestic violence and the broader community continue to remain at risk of death or serious injury.

Court Review: Volume 39, Issue 2 - Editor's Note

Court Review: Journal of the American Judges Association

Domestic violence is a subject about which judges need good initial education and continuing refresher courses. Quite simply, there is much about it that is counterintuitive. Why does a woman who is physically and mentally abused day after day, week after week, stay with the abuser? For most of us, the answer is neither self-evident nor a part of our personal life experience. Yet there is a large—and growing—body of good research in the area.

U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin

Scholarly Works

No abstract provided.

The Constitutional Duty Of A National Security Lawyer In A Time Of Terror, James E. Baker

Georgetown Law Faculty Publications and Other Works

National security lawyers are probably not in the forefront of the public’s mind when one refers to government lawyers, but they serve a vital mission within the public sector. This article explores the duties and responsibilities inherent in that mission, and discusses the continuing role of the national security lawyer after the terrorist attacks of September 11th, 2001.

Mediation In The Modern Millennium, Nadja Alexander

Research Collection Yong Pung How School Of Law

In Australia we call it "Mediation", the French say "la mediation", and the Germans "die Mediation". The term is global, stemming from the Latin, mediatio'; the process universal, its inherent flexibility transcending historical and national legal norms and systemic differences. Indeed, forms of mediation can be traced back to sources in ancient Greece, the Bible, traditional communities in Asia and Africa, and to the fourteenth Century English 'Mediators of Questions'. Mediation, however, does not exist in a vacuum. It operates against a backdrop of national dispute management culture and institutional rules and regulations. Accordingly, it is nothing less than misleading …

Beware Of The Dog: Assaults In Prison And Cultures Of Secrecy, Mark Findlay

Research Collection Yong Pung How School Of Law

In recent months I have been involved in a series of personal injury claims made by prisoners, against the State of NSW, arising out of incidents of inmate violence. The standard scenario occurs on a Sunday where the victim is stabbed with a shiv in a prison yard, barber-shop or gymnasium, out of sight from prison officers. Most victims have suffered a history of violence and intimidation in gaol, and the injuries forming the basis of the claims, are generally shocking. There are many reasons for inmate violence. A disturbing feature of such violence in NSW prisons today is its …

The State Of Asylum Representation: Ideas For Change, Andrew I. Schoenholtz, Jonathan Jacobs

Georgetown Law Faculty Publications and Other Works

The plight of refugees-those who flee persecution-touches a chord with Americans, who have supported both a substantial overseas resettlement program and a fair system for asylum seekers. U.S. laws provide a seemingly full opportunity for asylum applicants to explain their fear or actual experience of persecution. In fact, the U.S. offers an extensive process of interviews, hearings, and appeals to ensure that bona fide refugees are not sent back to their persecutors. The substantive law, too, has been developed considerably through administrative and judicial precedents. But how meaningful is a process that, no matter how extensive and developed, leaves asylum …

Weingarten In The Nonunion Workplace: Looking In The Funhouse Mirror, Ann C. Hodges

Law Faculty Publications

The National Labor Relations Board's extension of the Weingarten decision, granting the right to union representation at pre-disciplinary interviews, to the nonunion workplace was recently upheld by the U.S. Court of Appeals for the D.C. Circuit.- Section 7's, protection of concerted activity and the symmetrical protection of union and nonunion employees alike renders the decision sensible and supportable. Nevertheless, closer examination ofthe decision's consequences suggests that the application ofthe Weingarten right in the nonunion workplace results in a distorted reflection ofthe right's application in the unionized workplace. The situations are not mirror images. Thus, some adjustments to the interpretation ofthe …

The Metes And Bounds Of State Sovereign Immunity, Scott Dodson

Faculty Publications

What are the constitutional parameters of state sovereign immunity? The Court has made clear that certain provisions of Article I contain no authority for overriding state sovereign immunity, while at least one other provision, the Fourteenth Amendment, permits Congress to abrogate the states’ sovereign immunity. How is this constitutional line drawn? It is temporally bound? In other words, are only certain Amendments enacted after the Eleventh Amendment free from absolute subservience to state sovereign immunity? Or, does it divide the original Constitution and its Amendments, meaning that state sovereign immunity permeates the original Constitution but does not infiltrate certain Amendments, …

Crisis And Constitutionalism, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Can There Be Peace In The Holy Land?, Lawrence Raful

Scholarly Works

No abstract provided.

Institutional Adaptation To Changing Risk Of Water Scarcity In The Lower Guadalquivir Basin, C. Giansante, M. Aguilar, L. Babiano, A. Garrido, A. Gomez, E. Iglesias, W. Lise, L. Moral, B. Pedregal

Natural Resources Journal

No abstract provided.

The Ballad Of Transborder Arbitration, Thomas E. Carbonneau

University of Miami Law Review

No abstract provided.

Is The U.S. Out On A Limb? Comparing The U.S. Approach To Mandatory Consumer And Employment Arbitration To That Of The Rest Of The World, Jean R. Sternlight

University of Miami Law Review

No abstract provided.

Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware

University of Miami Law Review

No abstract provided.

Self-Determination In Dispute System Design And Employment Arbitration, Lisa B. Bingham

University of Miami Law Review

No abstract provided.

Ethics Issues In Arbitration And Related Dispute Resolution Processes: What's Happening And What's Not, Carrie Menkel-Meadow

University of Miami Law Review

No abstract provided.

The Unanswered Question From Green Tree Financial Corp. V. Randolph: How Much Is Too Much Before The Costs Of Arbitration Become A Barrier To Due Process?, Robert W. Abel

University of Miami Law Review

No abstract provided.

The Use Of Arbitration By Federal Agencies To Solve Environmental Disputes: All Wrapped Up In Red Tape, Sarah B. Belter

University of Miami Law Review

No abstract provided.

State Court Attempts To Limit The Applicability Of The Federal Arbitration Act In A Post Lopez World, Kristen Brown

University of Miami Law Review

No abstract provided.

How Important Is A Title? An Examination Of The Private Law Created By The Motion Picture Association Of America, Edward Robert Mccarthy

University of Miami Law Review

No abstract provided.