Law Commons^™

How Much Does Legal Status Matter? Adoptions By Kin Caregivers, Margaret F. Brinig, Steven L. Nock

Journal Articles

Virtually all the legislation dealing with families that include children begins with a "best interests of the child" premise.' Most, if not all, of the litigated results at least seem to maximize the outcomes for adults. This discrepancy should not be surprising, for both substantive and procedural reasons.

The substantive reason, as even the Supreme Court has noted, is that most of the time, what is good for parents will also be good for children. Moreover, having parents who possess many "rights" allow them to better exercise their parental responsibilities. From a procedural perspective, adults are usually the named parties …

Domestic Partnership: Missing The Target?, Margaret F. Brinig

Journal Articles

Chapter 6, Domestic Partnerships, like many other parts' of the ALI Principles of the Law of Family Dissolution, functions as a set of default rules. Under the ALI Principles for domestic partnerships, therefore, if the parties meet state presumptive requirements for domestic partnerships and have not otherwise contracted, the rules of Chapter 6 apply. Usually, law sets default provisions to 1) what most parties would want; or 2) to what will promote efficiency. I will discuss these two concepts in turn, illustrating how the ALI domestic partnerships provisions satisfy neither ex ante hypothetical bargaining nor efficiency criteria, and thus that …

An Unconstitutional Stereotype: Catholic Schools As Pervasively Sectarian, Gerard V. Bradley

Journal Articles

The Supreme Court first held public assistance to religious schools unconstitutional in 1971 in Lemon v. Kurtzman. From then until now the concept of “pervasively sectarian” has played a central role in “parochaid” jurisprudence; every holding against “direct” aid has rested upon it as a necessary premise. “Pervasively sectarian” refers to the assertedly religious (“sectarian”) character of the entire curriculum at parochial schools. Religion, it is said, so permeates the whole educational program that “direct aid” to any aspect of that program inescapably aids religion itself. And that, it is said, violates the Establishment Clause. Because aid statutes typically aim …

Activism As Restraint: Lessons From Criminal Procedure, Stephen F. Smith

Journal Articles

In this Article, I advance a limited defense of judicial activism by the Burger and Rehnquist Courts in constitutional criminal procedure. My basic claim is that even if the so-called "Counterrevolution" in criminal procedure is viewed as activist -- as I think much of it must be -- it nevertheless was normatively defensible as a necessary condition, in a “second-best” world, of reaching an equilibrium closer to the judicial restraint model than would be possible if activism were only a one-way ratchet. Though my thesis supplies a justification for the Burger and Rehnquist Court's basic approach to legal change, it …

Lawful Self-Defense To Terrorism, Mary Ellen O'Connell

Journal Articles

On October 7,2001, the United States and the United Kingdom launched operation Enduring Freedom. Enduring Freedom was a massive aerial and land operation on the territory of Afghanistan in response to the September 11 terror attacks on the United States. The two governments justified Enduring Freedom as an exercise of lawful self-defense. This article examines the elements of self-defense, applying them to Enduring Freedom. At the outset, Enduring Freedom did indeed meet the conditions of lawful self-defense, but later stages of the operation may have gone beyond the bounds of proportionality. The article also looks at the alternatives to self-defense …

Electronic Real Estate Records: A Model For Action, Arthur R. Gaudio

Faculty Scholarship

The legal, technological, and structural components are in place to allow the legal community to embark on the process of creating a uniform real property recording act. Certain jurisdictions have started the process by adopting various provisions allowing counties to implement electronic recording systems. These provisions are, however, disparate and inconsistent. Given the inconsistencies in the manner in which the electronic recording systems are developing, national commercial and lending practices would have a difficult time attempting to comply with all the possible permutations. In the near future, Fannie Mae, the Property Records Industry Association, and the Mortgage Industry Standards Maintenance …

An Elective Advanced Course, Jeanne M. Kaiser, Beth Cohen

Faculty Scholarship

The Authors discuss Legal Research and Writing course requirements at Western New England College School of Law. Although the students must complete a qualified writing course, previously there was no general advanced legal research and writing course. However, recently Western New England College School of Law has offered an Advanced Legal Research and Writing tutorial as an elective. This course is taught by a member of the Legal Research and Writing faculty on a rotating basis.

Financial Holding Company Liability After Gramm-Leach-Bliley, Eric J. Gouvin

Faculty Scholarship

This Article examines the extent to which financial holding companies formed under the Gramm-Leach-Bliley Act (GLB Act) will bear the costs of the failure of their bank subsidiaries. Pre-GLB Act banking law provided numerous ways to impose liability on bank holding companies for bank failure. The GLB Act itself added some provisions dealing with holding company liability, providing protections for receivers of failed institutions and adding ammunition to the regulators' "source of strength" theory for imposing liability on bank holding companies, and, by extension, on financial holding companies. But despite tinkering at the edges, the GLB Act did not provide …

In Memoriam: John M. Brumbaugh, Howard S. Chasanow, Frederic N. Smalkin, Susan Leviton, Tanya Washington, Edward S. Abrams, Alan D. Hornstein

Maryland Law Review

No abstract provided.

Symposium - Welfare Reform Ends In 2002: What's Ahead For Low-Income And No-Income Families? Introduction, Karen Syma Czapanskiy

Maryland Law Review

No abstract provided.

Reconciling Welfare Devolution And Due Process Protection, Cheryl M. Miller

Maryland Law Review

No abstract provided.

Parents, Children, And Work-First Welfare Reform: Where Is The C In Tanf?, Karen Syma Czapanskiy

Maryland Law Review

No abstract provided.

Legal Services Corp. V. Velazquez: A Problematic Commingling Of Unconstitutional Conditions And Public Fora Analyses Yields A New Grey Area For Free Speech, Christopher A. Gozdor

Maryland Law Review

No abstract provided.

The Authoritative Lawsaying Power Of The State Supreme Court And The United States Supreme Court: Conflicts Of Judicial Othodoxy In The Bush-Gore Litigation, Ann Althouse

Maryland Law Review

No abstract provided.

Equal Protection, The Conscientious Judge, And The 2000 Presidential Election, Jonathan L. Entin

Maryland Law Review

No abstract provided.

Do Appearances Matter?: Judicial Impartiality And The Supreme Court In Bush V. Gore, Sherrilyn A. Ifill

Maryland Law Review

No abstract provided.

Article Ii And The Florida Election Case: A Public Choice Perspective, Michael L. Wells, Jeffry M. Netter

Maryland Law Review

No abstract provided.

The Practical Entry And Utility Of A Legal-Managerial Framework Without The Economic Analysis Of Law, James E. Holloway

Campbell Law Review

This article examines the practicality underlying the entry and utilization of a L-M analysis and legal information into the process of business decision-making by lawyers and managers who generally do not understand or use each others' methodology and thinking, such as business methods and legal analysis, in their professional works and practices.

The Need For A New Slayer Statute In North Carolina, Julie Waller Hampton

Campbell Law Review

No abstract provided.

Conflict Of Interest And Competency Issues In Law Clinic Practice, Peter A. Joy, Robert R. Kuehn

Scholarship@WashULaw

Although clinical legal education is an established part of American legal education, few commentators have considered how the ethical issues governing lawyers' conflicts of interest and competency apply in the law school clinic context. This article fills that gap by identifying and explaining the ethical obligations law clinic students and supervising clinical faculty encounter in case and client selection due to conflict of interest and competency considerations. It analyzes various conflicts of interest due to prior, current, or future employment of law clinic students and faculty, and it explores conflicts based on the status of clinical faculty as employees of …

Gender Contests, Susan Frelich Appleton

Scholarship@WashULaw

This contribution for the “Law, Ethics, and Gender in Medicine” column in the Journal of Gender Specific Medicine interrogates the understanding of gender itself, at a time when transgender and intersex issues were just beginning to “come out” in both popular culture and case law. Against this background, the column explores the roles that physicians have played in such gender contests and considers how evolving medical attitudes can help achieve reform.

Common Law Courts In An Age Of Equity Procedure: Redefining Appellate Review For The Mass Tort Era, Melissa A. Waters

Scholarship@WashULaw

From expansion of tort liability rules, to novel claims aggregation and settlement techniques, to statistically derived liability and damages assessments, mass tort litigation is producing unprecedented innovations at every level of the federal legal system. What is particularly striking about these innovations is that they are almost exclusively the product of a handful of federal trial judges who specialize in mass tort cases. Because appellate courts lack the necessary tools to supervise their decisions, these few mass tort trial judges are shaping the rules that govern the mass tort legal regime with little or no appellate supervision. The result is …

International Law And The Legal Curriculum, Jeffrey S. Lehman

Cornell Law Faculty Publications

No abstract provided.

Jefferson And Madison As Icons In Judicial History: A Study Of Religion Clause Jurisprudence, David J. Reiss

Cornell Law Faculty Publications

No abstract provided.

Blackletter Statement Of Federal Administrative Law: Standing, Cynthia R. Farina

Cornell Law Faculty Publications

No abstract provided.

Judge Harry Edwards: A Case In Point!, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Judge Harry Edwards dislikes empirical work that is not flattering to federal appellate judges. A few years ago Dean Richard Revesz published an empirical study of the United States Court of Appeals for the D.C. Circuit providing further support for the rather tame proposition that judges’ political orientation has some effect on outcome in some politically charged cases. A year later Judge Edwards published a criticism phrased in extreme terms. Dean Revesz then wrote a devastating reply by which he demonstrated that Judge Edwards “is simply wrong with respect to each of the numerous criticisms that he levels.” We believe …

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Horizontal Merger Analysis Grows Up: A Review Of Chapter 5 Of Richard Posner’S Antitrust Law (2d Ed. 2001), Jonathan Baker

Contributions to Books

Richard Posner is a central figure in the generation of brilliant lawyers and economists who created the Chicago school of antitrust. Since the first edition of Posner’s Antitrust Law was published in 1976, most of the field has been transformed, in many respects along the very lines he proposed, and at times with a helpful decision from now—Judge Posner pushing that movement along. But horizontal merger law, while revolutionized by the Chicago school’s signature economic approach, has not changed in the precise manner Posner advocated a quarter century ago. Now, with the publication of the second edition of Antitrust Law, …

Employment Testers: Obstacles Standing In The Way Of Standing Under 1981 And Title Vii, Anthony F. Spalvieri

Case Western Reserve Law Review

No abstract provided.