Law Commons^™

Relational Contract Theory And Democratic Citizenship, James W. Fox Jr.

Case Western Reserve Law Review

No abstract provided.

Volume 54 Issue 1 (2003), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

The (Un)Informed Electorate: Insights Into The Supreme Court's Electoral Speech Cases, Raleigh Hannah Levine

Case Western Reserve Law Review

No abstract provided.

A Future Foretold: Neo-Aristotelian Praise Of Postmodern Legal Theory, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

Teaching Law Students To Be Self- Regulated Learners, Michael Hunter Schwartz

McGeorge School of Law Scholarly Articles

No abstract provided.

The Clergy Sexual Abuse Crisis And The Spirit Of Canon Law, John J. Coughlin

Journal Articles

Recent revelations of cases in which Catholic priests have sexually abused minors over the course of the last five decades have drawn intense media scrutiny and public outrage. But discipline of the clergy for sexual offenses is not novel in the history of the Catholic Church, and canonical structures have long been in place to address the problem. This Article argues that the recent crisis has resulted in part from a failure to respect and enforce the relevant provisions of canon law. If bishops had fulfilled their duty to abide by the rule of law, especially in the cases involving …

Proposals To Expel Palestinians From The Occupied Territories As Catalyst For A Civil Adjudication Campaign, Catherine A. Rogers

Faculty Scholarship

I begin in Part II with a brief sketch of the history of stated policies to expel Palestinians from what is now Israel and the Occupied Territories, and then examine recent proposals that have been made and actions that have been taken to implement modern re-articulations of those historic policies. In Part III, I then review the grounds on which international law proscribes mass expulsions of indigenous and occupied peoples. While international law governing this issue is clear in its application and has been overwhelmingly endorsed by the larger international community, international law seems to have little influence on Israel's …

Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo

Articles

John Rawls has been called the most significant and influential moral philosopher of the twentieth century, and his ideas have deeply influenced discussions of social, political, and economic justice across disciplines including law, philosophy, and political science. Given his preeminence, does Rawls's theory of justice as fairness fail in either of the two ways described above or is it a promising analysis for achieving justice for people with disabilities?

In its most recent terms, the Supreme Court has increasingly turned its attention toward the Americans with Disabilities Act of 1990 (the ADA). In several significant decisions, it has grappled with …

Brief Of Amici Curiae On Behalf Of A Committee Of Concerned Black Graduates Of Aba Accredited Law Schools: Vicky L. Beasley, Devon W. Carbado, Tasha L. Cooper, Kimberlé Crenshaw, Luke Charles Harris, Shavar Jeffries, Sidney Majalya, Wanda R. Stansbury, Jory Steele, Et Al., In Support Of Respondents, Mary Mack Adu Esq.

Michigan Journal of Race and Law

In the Supreme Court of the United States. Barbara Grutter V. Lee Bollinger

"The Implicit Association Test": A Measure Of Unconscious Racism In Legislative Decision-Making, Reshma M. Saujani

Michigan Journal of Race and Law

This Article argues that the Court will not fulfill the promise of the Equal Protection Clause unless the Court adapts its vision of antidiscrimination to account for the complex nature of discrimination. Imagine that we could measure unconscious discrimination. If so, then we could broaden the concept of purposeful discrimination to include the measurement of a legislator's reliance on unconscious racial stereotypes. Such a measuring device may already exist: The Implicit Association Test (IAT), a computer-based test developed by Yale and University of Washington psychologists. Researchers do not yet know how well the IAT can uncover racial stereotypes; however, if …

Sexual Violence As Genocide: The Developing Law Of The International Criminal Tribunals And The International Criminal Court, Jonathan M.H. Short

Michigan Journal of Race and Law

This note will explore the treatment of the two primary violent sexual acts, rape and forced pregnancy, in modern international criminal law; more specifically in its treatment as genocide. The woman as an individual is the primary sufferer of sexual violence during armed conflict, however sexual violence is a calculated means by which perpetrators seek to destroy an entire ethnic group. Sexual violence is both an attack against the woman and an attack against the ethnic group, and should be prosecuted as such. While crimes against individuals are best prosecuted as crimes against humanity or under domestic law, crimes committed …

Locked In Inequality: The Persistence Of Discrimination, Daria Roithmayr

Michigan Journal of Race and Law

In this Article, the author argues that the practice of charging school fees to attend public school is an example of locked-in discrimination that persists over time, even in the absence of intentional discrimination. Exploring the lock-in model of discrimination in the unique context of South Africa, Roithmayr makes two central points. First, discriminatory practices often become locked into institutional structures because high switching costs-the costs of moving from a discriminatory practice to an inclusive one—make it too difficult for an institution to discontinue discriminating. Even when institutional actors are fully committed to eradicating racial disparity, they may be constrained …

The Race Card: Dealing With Domestic Violence In The Courts, Leslie Espinoza Garvey

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Battered Women, Child Maltreatment, Prison, And Poverty: Issues For Theory And Practice, Naomi R. Cahn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Advancing Equality In Domestic Violence Law Reform, Julie Goldscheid

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Why Do You Do The Things You Do? Clemency For Battered Incarcerated Women, A Decade's Review, Linda L. Ammons

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Fact-Finding In Civil Domestic Violence Cases: Secondary Traumatic Stress And The Need For Compassionate Witness, Ann E. Freedman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

International Human Rights Dimensions Of Intimate Violence: Another Strand In The Dialectic Of Feminist Lawmaking, Rhonda Copelon

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Tahoe-Sierra Preservation Council, Inc. V. Tahoe Regional Planning Agency 122 S. Ct. 1465 (2002), Mary Ernesti

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Sequelae Of Political Torture: Narratives Of Trauma And Resilience By Iranian Torture Survivors, Nouriman Ghahary

Seton Hall University Dissertations and Theses (ETDs)

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What Are The Elements Of A Successful Training Model, As Perceived By Global Corporate Security Heads Working In The Ethical Pharmaceutical Industry?, Kevin P. Schatzle

Seton Hall University Dissertations and Theses (ETDs)

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Designing Deliberative Democracy In Cyberspace: The Role Of The Cyber-Lawyer, Beth Simone Noveck

Articles & Chapters

No abstract provided.

Thrombus Formation: Direct Real‐Time Observation And Digital Analysis Of Thrombus Assembly In A Living Mouse By Confocal And Widefield Intravital Microscopy, A. Celi, G Merrill-Skoloff, P. Gross, Shahrokh Falati, D. S. Sim, R. Flaumenhaft, B. C. Furie, B. Furie

Articles & Chapters

We have developed novel instrumentation using confocal and widefield microscopy to image and analyze thrombus formation in real time in the microcirculation of a living mouse. This system provides high-speed, near-simultaneous acquisition of images of multiple fluorescent probes and a brightfield channel, and supports laser-induced injury through the microscope optics. Although this imaging facility requires interface of multiple hardware components, the primary challenge in vascular imaging is careful experimental design and interpretation. This system has been used to localize tissue factor during thrombus formation, to observe defects in thrombus assembly in genetically altered mice, to study the kinetics of platelet …

Symposium Introduction, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

A Traditionalist Looks At Mediation: It's Here To Stay And Much Better Than I Thought, Stephen N. Subrin

Nevada Law Journal

No abstract provided.

Judicial Mediation And Signaling, Edward J. Brunet

Nevada Law Journal

No abstract provided.

Self-Deregulation, The "National Policy" Of The Supreme Court, Paul D. Carrington

Nevada Law Journal

No abstract provided.

Adr Is Here: Preliminary Reflections On Where It Fits In A System Of Justice, Jean R. Sternlight

Nevada Law Journal

No abstract provided.

A Fresh Look At The Federal Rules In State Courts, John B. Oakley

Nevada Law Journal

No abstract provided.

Forgetfulness, Fuzziness, Functionality, Fairness, And Freedom In Dispute Resolution: Serving Dispute Resolution Through Adjudication, Jeffrey W. Stempel

Nevada Law Journal

One of the central goals of this Symposium was to present analysis and commentary by scholars known for their independent thinking and reluctance to ride trends merely because they are trendy. In this panel, that tendency is evident as Professors Subrin, Brunet, Carrington, and Stemlight all make points many would find contrarian. In my contribution to this portion of the Symposium, I hope merely to add some modest insights to their work and to articulate what I believe to be common threads, not only of their comments, but also of the dispute resolution movement generally.