Law Commons^™

Towards A Single Definition Of Armed Conflict In International Humanitarian Law: A Critique Of Internationalized Armed Conflict, James G. Stewart

All Faculty Publications

The strict division of international humanitarian law into rules applicable in international armed conflict and those relevant to armed conflicts not of an international nature is almost universally criticized. Even though attempts to abandon the distinction were made at every stage of negotiation of the Geneva Conventions and their Protocols, calls for a single body of international humanitarian law have since died out. This article revives those calls by highlighting the inadequacies of the current dichotomy’s treatment of internationalized armed conflicts, namely, armed conflicts that involve internal and international elements. It concludes that the law developed to determine this “internationalization” …

Environmental Management Systems And Public Authority In Canada: Rethinking Environmental Governance, Stepan Wood

All Faculty Publications

Using the example of environmental management systems (EMS) and the ISO 14001 standard, I propose a typology of eight ways in which public authorities interact with voluntary environmental initiatives: 1. Steering (influencing the development, use or content of voluntary initiatives through official policy pronouncements, participation in standards development or creation of legal ground rules or backstops for voluntary initiatives), 2. Self-discipline (applying voluntary initiatives to government operations or agreeing to international trade rules that turn voluntary standards into constraints on regulatory authority), 3. Knowledge production (generating and disseminating ideas, information and expertise about the design, use or value of voluntary …

Holding Liability Insurers Accountable For Bad Faith Litigation Tactics With The Tort Of Abuse Of Process, Francis J. Mootz Iii

Scholarly Works

Liability insurers generally do not owe any common law duties to injured third-party claimants who sue their insureds. After establishing (as a conceptual backdrop) the important and recognized public policies favoring prompt and fair payments by liability insurers to injured third-party claimants, this article analyzes whether claimants can effectively use the tort of abuse of process to hold liability insurers accountable when they engage in bad faith litigation tactics. The article identifies the problems that claimants may face in alleging abuse of process in the liability insurance setting, but also indicates that recent trends in this area of law suggest …

The Middle Class Fourth Amendment, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

The Impact Of Opt-In Privacy Rules On Retail Credit Markets: A Case Study Of Mbna, Fred H. Cate, Michael Staten

Articles by Maurer Faculty

U.S. privacy laws are increasingly moving from a presumption that consumers must object to ("opt out" of) uses of personal data they wish to prohibit to a requirement that they must explicitly consent ("opt in") to uses they wish to permit. Despite the growing reliance on opt-in rules, there has been little empirical research on their costs. This Article examines the impact of opt-in on MBNA Corporation, a diversified, multinational financial institution. The authors demonstrate that opt-in would raise account acquisition costs and lower profits, reduce the supply of credit and raise credit card prices, generate more offers to uninterested …

Practice What You Preach: California's Obligation To Give Full Faith And Credit To The Vermont Civil Union, Christopher D. Sawyer

UC Law Journal

This Note evaluates the inter-jurisdictional effect of the Vermont Civil Union statute. A same-sex couple who enters into a civil union in Vermont currently enjoys all of the Vermont state benefits typically conferred only on married couples. The Federal Defense of Marriage Act ("DOMA") removes the burden on states of having to afford full faith and credit to same-sex marriages. As such, this Note discusses whether the DOMA is applicable to the Vermont Civil Union in addition to same-sex "marriages." Furthermore, this Note discusses whether California, if not obliged federally under the DOMA to recognize the civil union, is nonetheless …

Clear Sailing Agreements: A Special Form Of Collusion In Class Action Settlements, William D. Henderson

Articles by Maurer Faculty

A clear sailing agreement (or clause) is a compromise in which a class action defendant agrees not to contest the class lawyer's petition for attorneys' fees. This Article argues that clear sailing provisions often facilitate collusive settlements in cases involving non-pecuniary relief or claims-made common funds that return all unclaimed monies to the defendant. Because these types of settlements present difficult valuation problems, trial courts lack a clear benchmark for calculating attorneys' fees. Defendants and class can exploit this uncertainty by presenting an inflated settlement value to the court (to justify higher attorneys' fees) while simultaneously reducing the true cost …

Anticompetitive Settlement Of Intellectual Property Disputes, Mark D. Janis, Herbert J. Hovenkamp, Mark A. Lemley

Articles by Maurer Faculty

No abstract provided.

Shenpi (Licensing) Reform From The Perspective Of One Municipal Jurisdiction: Ideologies, Institutions, And Law, Wei Cui

All Faculty Publications

The Administrative Licensing Law (xingzheng xuke fa) will constitute a major addition to Chinese administrative law, and the rhetoric surrounding its drafting promises path-breaking reform of the Chinese regulatory state. This report critically assesses that promise by chronicling the actual course of shenpi (licensing) reform carried out in Shenzhen in 2001. Shenpi reform derives its novelty from questioning the rationale of regulatory policies and not just the procedures by which they are carried out. In Shenzhen, however, the reform revolved around an effort to achieve quantitative reduction in the number of shenpi procedures, which could reflect either changes in the …

Tax Policy And Global Warming, David G. Duff

All Faculty Publications

The Canadian government announced its ratification of the Kyoto Protocol to the United Nations Framework Convention on Climate Change on December 17, 2002. Under this protocol, Canada has agreed to reduce annual emissions of greenhouse gases (GHGs) to 6 percent below 1990 levels during the period 2008-2012 - a commitment that requires a 30 percent reduction relative to projected GHG emissions for 2010 assuming business as usual. In order to achieve this objective, the Canadian government has established specific reduction targets and proposed various policy instruments in its climate change action plan (CCAP) released in November 2002. Although the main …

Nietzsche Between Jews And Jurists: A Note On The Christian Filiation Of The Anti-Christ, Anton Schütz

Cardozo Law Review

No abstract provided.

"Buyer's Regret" No Longer: Drafting Effective Mac Clauses In A Post-Ibp Environment, Sherri L. Toub

Cardozo Law Review

No abstract provided.

Immigration, Civil Rights, And Coalitions For Social Justice, Kevin R. Johnson

UC Law Journal of Race and Economic Justice

The treatment of "aliens," particularly noncitizens of color, under the U.S. immigration laws reveals volumes about domestic race relations in the nation. A deeply complicated, often volatile, relationship exists between racism directed toward U.S. citizens and that aimed at noncitizens. The United States has a long history of treating racial minorities in the United States harshly, at times savagely. Noncitizen racial minorities, as foreigners not part of the national community, generally have been subject to similar, although not identical, cruelties but also have suffered deportation, indefinite detention, and more. One need look to further than the treatment of Arab and …

The Deeper Challenges Of Global Terrorism: A Democratizing Response, Andrew L. Strauss, Richard A. Falk

School of Law Faculty Publications

The audacious and gruesome terrorist attacks on the World Trade Center and the Pentagon, along with the military response, have been the defining political events of this new millennium. The most profound challenge directed at the international community, and to all of us, is to choose between two alternative visions. What we call the traditional statist response emphasizes 'national security' as the cornerstone of human security. Centralization of domestic authority, secrecy, militarism, nationalism, and an emphasis on unconditional citizen loyalty, to her or his state as the primary organizing feature of international politics are all attributes of this approach.

We …

Indian Gambling In Ohio: What Are The Odds?, Blake Watson

School of Law Faculty Publications

This article describes the options available to Indian groups and recognized Indian tribes to establish off-reservation gaming operations pursuant to the Indian Gaming Regulatory Act.

The Meaning Of Life: Defining "Major Life Activities" Under The Americans With Disabilities Act, Kiren Dosanjh Zucker

Marquette Law Review

No abstract provided.

Foreword: Expanding The Debate On Race, Poverty, Social Justice, And The Law, Margaret M. Russell

UC Law Journal of Race and Economic Justice

No abstract provided.

Beyond Reparations: Accommodating Wrongs Or Honoring Resistance, Natsu Taylor Saito

UC Law Journal of Race and Economic Justice

Reparations for historic wrongs, particularly those done to large groups of people on the basis of their racially constructed identity, is a topic of much current debate. Because the harm caused by such injustices can never really be repaired, the question becomes one of what kind of acknowledgement and direct compensation to victims is appropriate and, more fundamentally, whether the institutional structures that perpetuate such wrongs have been changed to ensure that the injuries are not perpetuated or repeated. Applying some lessons learned from redress to Japanese Americans interned during World War I, this essay suggests that movements for reparations …

Officer, Where's My Stuff - The Constitutional Implications Of A De Facto Property Disability For Homeless People, Kevin Bundy

UC Law Journal of Race and Economic Justice

As municipalities across the nation employ increasingly aggressive anti-homeless policies, homeless people are suffering seizure and destruction of their personal belongings without due process or compensation. Courts generally have not proven receptive to homeless people's claims based on loss of personal property, in some instances refusing to recognize that the homeless can exercise any legally protected property interest at all. Homeless existence itself-a lack of private, defensible space in which to perform basic life functions and secure ownership over personal belongings-leaves homeless people with no legally sanctioned place in which to dwell, and exposes them to arbitrary deprivations of whatever …

Refugee Policy And Cultural Identity: In The Voice Of Hmong And Iu Mien Young Adults, Bill Ong Hing

UC Law Journal of Race and Economic Justice

U.S. refugee admission and resettlement policies have helped to shape the cultural identities of refugees in America in unanticipated ways. In this article, the author examines the effects of these policies on the young adult members of two small Laotian refugee groups-the Hmong and the Iu Mien. After reviewing the ad hoc admission and resettlement programs of the federal government, the author reviews a collection of interviews of young college students and discovers a range of attitudes on identity, mainstream culture, religion, and the desire to maintain ethnic culture. The cultural identity being developed by Ju Mien and Hmong young …

Judging The Judges, James Andrew Wynn Jr.

Marquette Law Review

No abstract provided.

Rediscovering A Coherent Rationale For Substantive Due Process, Peter Preiser

Marquette Law Review

No abstract provided.

Red Owl's Legacy, Gregory M. Duhl

Marquette Law Review

No abstract provided.

Speech: No Future Without Forgiveness, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

A sermon given by Archbishop Tutu at St. John’s Cathedral of Jacksonville.

Privileged Communications With Accountants: The Demise Of United States V. Kovel, Kim J. Gruetzmacher

Marquette Law Review

No abstract provided.

Terrorism, America's Porous Borders, And The Role Of The Invasion Clause Post-9/11/2001, Melissa Blair

Marquette Law Review

No abstract provided.

New Video Game: Japan's Video Game Producers Lose At The Litigation Game, Dan Rosen

Vanderbilt Journal of Entertainment & Technology Law

Video games present a legal problem that may be more difficult for courts to solve than the games themselves. In Japan, each court took a somewhat different approach. In its opinion, the Tokyo District Court tried to differentiate between movies and video games by focusing on the role of the audience. That court emphasized the fact that while movie audiences are passive and have no effect on the course of the movie, video game audiences actively affect the progression of the storyline. To illustrate the difference that the Tokyo Court emphasized, consider the Pokemon cast. They were originally characters in …

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MC Law Review

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MC Law Review

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A Sampler Of Religious Experiences In International Law, Mark Weston Janis

MC Law Review

Law and Religion Symposium