Law Commons^™

Free Speech And Conflicts Of Rights: Commentary On Robert F. Nagel, "A New Methodology For Constitutional Cases?" And Steven J. Heyman, "Ideological Conflict And The First Amendment", Susan J. Brison

Chicago-Kent Law Review

No abstract provided.

Law, Culture, And Family: The Transformative Power Of Culture And The Limits Of Law, Nancy E. Dowd

Chicago-Kent Law Review

Law's relation to culture is both powerful and subordinate. That complex role is apparent when the relationship of law and culture is viewed from the perspective of families. Law supports a defined concept of family, and does so very powerfully. Law acts as a barrier to other definitions and structures, and fails to recognize and honor all family relationships. Ultimately, however, the cultural construction of family is so strong that it can subvert and even change the law. Thus, culture can change law, but law cannot change culture.

This interaction of law and culture with respect to family is evident …

Afterword: Toward Stable Principles And Useful Hegemonies, Gregory C. Pingree

Chicago-Kent Law Review

No abstract provided.

Asylum, Social Group Membership And The Non-State Actor: The Challenge Of Domestic Violence, Michael G. Heyman

University of Michigan Journal of Law Reform

This Article argues that the current approaches to asylum claims based on "social group" membership under the U.N. convention Relation to the Status of Refugees are deeply flawed. The Refugee Convention confers asylum on persons persecuted for their membership in a particular social group. Courts have struggled with the boundaries of the social group definition, and there appears to be no coherent way to reconcile all of the court decisions on what groups qualify as social groups under the Refugee Convention.

This Article suggests that courts adopt a consistent definition of what constitutes a social group. The definition proposed in …

National Legal Research Teach-In Celebrates 10 Years Of Success, Gail A. Partin

Faculty Scholarly Works

No abstract provided.

Law And Cultural Conflict: Introduction, Sarah Harding

Chicago-Kent Law Review

No abstract provided.

Center For National Security Studies V. United States Department Of Justice: Keeping The Usa Patriot Act In Check One Material Witness At A Time, Rachel V. Stevens

North Carolina Law Review

No abstract provided.

Failure To Advise Non-Citizens Of Immigration Consequences Of Criminal Convictions: Should This Be Grounds To Withdraw A Guilty Plea?, John J. Francis

University of Michigan Journal of Law Reform

In this Article, Professor Francis argues that non-citizen criminal defendants should be afforded greater latitude in withdrawing guilty pleas, when those pleas are made without awareness of potential immigration consequences. Moreover, the Article highlights the roles both judges and attorneys should play in ensuring that non-citizens do not enter into such uninformed pleas.

Noting that courts have characterized deportation as a collateral consequence of a criminal conviction, the article argues that deportation, following the passage of the Immigration and Naturalization Act of 1996, is unique in its severity and certainty. Many of the same due process considerations which underpin the …

Ghost Workers In An Interconnected World: Going Beyond The Dichotomies Of Domestic Immigration And Labor Laws, Ruben J. Garcia

University of Michigan Journal of Law Reform

Beginning with the September 11, 2001 ("9/11 ") terrorist attacks, the labor movement's plans to organize immigrant workers and achieve immigration reform have met serious challenges. After 9/11, the political climate surrounding immigrants put the AFL-CIO s hopes for legislative reform on hold, because of socially perceived connections between immigrants and terrorism. Then, in a March 2002 decision titled Hoffman Plastic Compounds, Inc. v. NLRB, the U.S. Supreme Court held that undocumented immigrant workers could not collect back pay under the National Labor Relations Act (NLRA) when their rights to join unions are violated. According to the Court, back pay …

On The Need For Reform Of The H-1b Non-Immigrant Work Visa In Computer-Related Occupations, Norman Matloff

University of Michigan Journal of Law Reform

The H-1B program authorizes non-immigrant visas under which skilled foreign workers may be employed in the U.S., typically in computer-related positions. Congress greatly expanded the program in 1998 and then again in 2000, in response to heavy pressure from industry, which claimed a desperate software labor shortage. After presenting an overview of the H-1B program in Parts II and III, the Article will show in Part IV that these shortage claims are not supported by the data. Part V will then show that the industry's motivation for hiring H-lBs is primarily a desire for cheap, compliant labor. The Article then …

Iv. Mens Rea: Unintentional Homicide, Amanda Gamer

Loyola of Los Angeles Law Review

No abstract provided.

Ix. Self-Defense, Janet Grumer

Loyola of Los Angeles Law Review

No abstract provided.

X. The Insanity Defense, Stephanie K. Lashbrook

Loyola of Los Angeles Law Review

No abstract provided.

Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel

Chicago-Kent Law Review

This Essay examines six opinions authored by Justice John Paul Stevens for the purpose of assessing whether his iconoclastic methodology might represent an attractive alternative to standard doctrinalism. Each of the opinions involves an effort to reconcile the right "to be left alone" with some other constitutional value. In all but one, conventional formulae are replaced by rather candid interest balancing that draws on nonlegal cultural resources in a relatively transparent way. At its best, this approach allows for realism and a commonsensical accommodation of disparate interests. However, at its worst it leads to opinions that are characterized by a …

A War Of Words: Revelation And Storytelling In The Campaign Against Mormon Polygamy, Sarah Barringer Gordon

Chicago-Kent Law Review

In the nineteenth century, the power of religious belief transformed the legal landscape. This Article details how the Church of Jesus Christ of Latter-day Saints (commonly called the Mormon Church) instilled a new and very different law of marriage for followers. Plural marriage, or polygamy, was key to Mormons' revisioning of traditional Christian faith and practice. Polygamy was also key to a widespread popular campaign to outlaw the Mormon practice. Novelists drew on widely shared ideas about the proper relationship of church and state, and also on theories that Christian monogamy was the basic building block of society. Without separation …

Legal Feeling: The Place Of Intimacy In Interracial Marriage Law, Nancy Bentley

Chicago-Kent Law Review

A will to stigmatize and prohibit black-white interracial marriage has been a defining national trait of U.S. culture. Although sex between the races was frequently tolerated, interracial marriage generated enormous opposition, especially after the Civil War. In order to understand this legal history, it is crucial to recognize the way a species of intimacy, the desire to marry, has the potential to shape legitimacy—to ratify or, conversely, to erode the authority of law itself. Jürgen Habermas's theory of the importance of the Intimsphäre to the public sphere helps to explain the force of marital desire in legal history. As Habermas …

The Quality Of Mercy Is Strained: How The Procedures Of Sexual Harassment Litigation Against Law Firms Frustrate Both The Substantive Law Of Title Vii And The Integration Of An Ethic Of Care Into The Legal Profession, Jay Marhoefer

Chicago-Kent Law Review

Despite the Supreme Court's clarification of substantive sexual harassment law in Faragher and Ellerth, achievement of remedies remains problematic because of the at times labyrinthine procedures of Title VII litigation. This is especially true when sexual harassment occurs in the legal profession because defendant law firms understand how to frustrate substantive outcomes and plaintiffs must look to the same system that engendered the harassment to provide them with remedies. Female plaintiffs that apply a feminist ethic of care to the dispute by seeking an in-house remedy first are likely to be further disadvantaged because of procedural requirements like mandatory …

Victor’S Little Secret: Supreme Court Decision Means More Protection For Trademark Parody, Jordan M. Blanke

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Daubert & Danger: The "Fit" Of Expert Predictions In Civil Commitments, Alexander W. Scherr

Popular Media

Never make predictions, especially about the future. But in civil commitments, courts predict future behavior all the time. Judicial action here has severe results for the individual: deprivation of liberty, potentially unwanted and intrusive treatment, and the stigma of mental illness. Judicial inaction can also do harm: erroneous release can lead to injury of the person or others. Resolving these risks requires courts to find the person poses a danger to him/herself or others because of a mental illness.

Evaluation Of The Centers For Complex Civil Litigation Pilot Program, Paula Hannaford-Agor, Nicole L. Mott, Timothy F. Fautsko

Faculty Publications

In January 2000, the Judicial Council responded to a recommendation of the Complex Litigation Task Force (task force) by establishing the Centers for Complex Litigation Pilot Program in the Superior Courts of Los Angeles, Orange, Contra Costa, Santa Clara, Alameda, and San Francisco counties. The task force recommendation was one of several proposed to improve judicial management of complex cases as a means to expedite case resolution, keeps costs reasonable, and promote effective decision making by the courts, parties and counsel. Participation in the Pilot Program required each site to commit to an individual calendar system dedicated exclusively to complex …

Blakely And Missouri's Grandparent Visitation Statute: An Abridgment Of Parents' Constitutional Rights - Blakely V. Blakely, Michael Hamlin

Missouri Law Review

Universally, states have enacted statutes granting nonparental parties, specifically grandparents, the right to petition courts for visitation of minor children. However, the states differ significantly in the manner in which they grant these parties that right. A recent United States Supreme Court decision, Troxel v. Granville, addressed the issue of the constitutionality of nonparental visitation statutes. Unfortunately, the Court failed to provide much clarity to the states in deciding constitutional challenges to these statutes. The Note explores the analysis employed by the Missouri Supreme Court in Blakely v. Blakely and argues that Missouri’s grandparent visitation statute is unconstitutional.

Under God, The Pledge Of Allegiance, And Other Constitutional Trivia, Steven G. Gey

North Carolina Law Review

No abstract provided.

The Particularly Dubious Case Of Hans V. Louisiana: An Essay On Law, Race, History, And Federal Courts, Edward A. Purcell Jr.

North Carolina Law Review

No abstract provided.

Mortal Clients, Immortal Privilege - In Re Death Of Miller And The Future Of The Posthumous Attorney-Client Privilege In North Carolina, Desire D. Edwards

North Carolina Law Review

No abstract provided.

Vi. The Felony-Murder Doctrine, Clayton T. Tanaka, Larry M. Lawrence Ii

Loyola of Los Angeles Law Review

No abstract provided.

Viii. Conspiracy In Homicide, Benjamin S. Lin

Loyola of Los Angeles Law Review

No abstract provided.

Yield-Spread Premiums: Who's Working For The Borrower - Hud's Erroneous Regulation And Its Bar On Plaintiffs, Taiesha L. Cantwell

Minnesota Journal of Law & Inequality

No abstract provided.

Hoffman Plastic Compounds, Inc. V. Nlrb: How The Supreme Court Eroded Labor Law And Workers In The Name Of Immigration Policy, Thomas J. Walsh

Minnesota Journal of Law & Inequality

No abstract provided.

Battered By Equality: Could Minnesota's Domestic Violence Statutes Survive A Fathers' Rights Assault, Shannon M. Garrett

Minnesota Journal of Law & Inequality

No abstract provided.

Diversity: Do You Really Want It?, Angela Mae Kupenda

Minnesota Journal of Law & Inequality

No abstract provided.