Law Commons^™

Old Dictionaries And New Textualists, Rickie Sonpal

Fordham Law Review

No abstract provided.

Zelman V. Simmons-Harris: Is The Supreme Court's Latest Word On School Voucher Programs Really The Last Word?, Sara J. Crisafulli

Fordham Law Review

No abstract provided.

"Yelling Fire" And Hacking: Why The First Amendment Does Not Permit Distributing Dvd Decryption Technology?, Bonnie L. Schriefer

Fordham Law Review

No abstract provided.

Considering The A.B.A.'S 1908 Canons Of Ethics, James M. Altman

Fordham Law Review

No abstract provided.

Returning To The Roots Of The Bramble Bush: The "But For" Test Regains Primacy In Casual Analysis In The American Law Institute's Proposed Restatement (Third) Of Torts, John D. Rue

Fordham Law Review

No abstract provided.

All Is Not Fair In The Privacy Trade: The Safe Harbor Agreement And The World Trade Organization, Eric Shapiro

Fordham Law Review

No abstract provided.

Fee At Last? Work Release Participation Fees And The Takings Clause, Sara Feldschreiber

Fordham Law Review

No abstract provided.

Integrity In The Law: In Honor Of John D. Feerick: Introduction, William Michael Treanor

Fordham Law Review

No abstract provided.

Editors' Foreword

Fordham Law Review

No abstract provided.

Ida's Way: Constructing The Respect-Worthy Governmental System, Frank I. Michelman

Fordham Law Review

No abstract provided.

Legislating With Integrity, Jeremy Waldron

Fordham Law Review

No abstract provided.

Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale

Fordham Law Review

No abstract provided.

Integrity And The Department Of Investigation, Rose Gill Hearn

Fordham Law Review

No abstract provided.

Integrity In Government, Lloyd Weinreb

Fordham Law Review

No abstract provided.

Corbin And Fuller's Cases On Contracts (1942?): The Casebook That Never Was, Scott D. Gerber

Fordham Law Review

No abstract provided.

Beyond The Bright Line: A Contemporary Right-To-Counsel Doctrine, Pamela R. Metzger

Faculty Journal Articles and Book Chapters

The current right-to-counsel doctrine was developed in the 1970's. It created a bright-line rule still in effect today. The right to counsel attaches only at "critical stages" of a criminal prosecution. Under this critical stage doctrine, the right to counsel only attaches after the initiation of formal adversary proceedings and only applies to confrontations between the accused and the prosecution or law enforcement. In the years following the Supreme Court's development of the critical stage doctrine, national trends of mandatory sentencing and sentencing guidelines revolutionized criminal procedure and dramatically altered the roles of the system's key players.

Now, defense counsel's …

A Constitutional Confession: The Permanent If Malleable Status Of Indigenous Nations, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

I appreciate the opportunity to address such an august group of students and faculty. When Amy invited me to join you, and she certainly is a very persuasive person, I debated long and hard on what kind of talk to give since I study politics comparatively. Although much of my work is infused with law and history, and a smidgen of culture, economics, and geography, I work largely at the intersection of politics, history and law, and have coined the awkward though accurate term, "Polegalorian," to describe what I do. My research is concerned broadly with how indigenous peoples generate, …

Indigenous Nations As Reserved Sovereigns, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Some adhere to the idea that the federal government, as a democratic state founded on the rule of law, contains within its legal and political institutions and ideologies a framework that provides the necessary vaccines that will eventually cure the various and sundry indigenous ailments generated throughout American society by its social, economic, political and legal institutions.

By contrast, there are others who vigorously argue that the prevailing institutions of governance and law of the United States are incapable of providing justice to First Nations because they entail systems, ideologies, and values that represent non-Indians and thus they cannot possibly …

The Indigenous Vote: Protecting Or Endangering Sovereignty?, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Much ado has been made about the 2002 mid-term congressional and gubernatorial elections. Democrats are bemoaning the Republican's treble triumph—congressional control, an invigorated Bush administration, and conservative rule on the supreme court. Republicans are exulting in their perceived conservative mandate—to address the War on Terror, privatize Social Security, and roll back environmental regulations that are deemed overly restrictive of private and public property development. And the inconsistent American voter, depending on race, socio-economic status, and issue salience, seems either unenthusiastic, ambivalent, or wildly animated about politics.

First Nations And States: Contesting Polities, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The U.S. Supreme Court in an historic case in 1886, U.S. v. Kagama, which devastated tribal sovereignty by affirming the legality of the 1885 Major Crimes Act that problematically extended federal criminal jurisdiction over "all" Indians for seven major crimes—murder, manslaughter, rape, etc., (today that number has increased to 14 crimes)—more accurately declared in that same case that state governments could be characterized as the "deadliest enemies" of indigenous nations.

Native State Lawmakers: Minimizing The Tribal Disadvantage, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Not surprisingly, most of these lawmakers are serving in western states where more than 80 percent of indigenous peoples live—Alaska is home to 11 Native lawmakers; Montana has elected seven; New Mexico's legislature now has five Indian legislators; Oklahoma, Arizona, and South Dakota each have three Indian representatives; Washington has two; and Colorado and North Dakota have one each. Eastern states also have indigenous representation: Maine has two representatives—a Penobscot and a Passamaquoddy; North Carolina's Lumbee tribe has a member in the state legislature; and Vermont has a lone Native member.

Our preliminary results give us reason to be moderately …

International Criminal Law Aspects Of The War Against Terrorism, Michael A. Newton

Vanderbilt Law School Faculty Publications

The debates about forums and processes for prosecuting those accused of terrorist acts have resonated across the globe since September 11, 2001. Discussion is likely to intensify in this regard in preparation for the International Criminal Court Review Conference in 2009. The proper disposition of criminal cases against terrorists is linked to the deeper disputes regarding the applicability of the established frameworks for regulating conflicts and the status of those who have no lawful right to wage war, yet choose to conduct hostilities against sovereign states. This article assesses the established frameworks for addressing transnational terrorist acts in which the …

Director's Duties In A Post-Enron World: Why Language Matters, Margaret M. Blair

Vanderbilt Law School Faculty Publications

This essay observes that, in the face of corporate scandals of the last few years, a number of prominent advocates for shareholder primacy have retreated to the position that directors and officers should attempt to maximize long run share value performance, rather than short term value. But the mantra of share value maximization has no distinctive meaning and policy implications if it is not interpreted to mean maximization of short term value. This is because the actions required to maximize share value in the long run are indistinguishable in practice from actions taken in pursuit of other more broadly-stated goals …

The Economics Of Post-September 11 Financial Aid To Airlines, Margaret M. Blair

Vanderbilt Law School Faculty Publications

This Article considers the economic and policy merits of the Air Transportation Safety and System Stabilization Act, passed by Congress and signed into law in the immediate aftermath of the Sept. 11, 2001 terrorist attacks. The Act provided immediate cash relief to airlines to compensate them for losses resulting from the federal ground stop order during the first four days after the attack, as well as established the Air Transportation Stabilization Board to consider further federal financial assistance such as loan guarantees to airlines hurt by the actual terrorist events and the threat of future such events. During the year …

Locking In Capital: What Corporate Law Achieved For Business Organizers In The Nineteenth Century, Margaret M. Blair

Vanderbilt Law School Faculty Publications

This Article argues that corporate status became popular in the nineteenth century as a way to organize production because of the unique manner in which incorporation permitted organizers to lock in financial capital. Unlike participants in a partnership, shareholders in an incorporated enterprise could not extract capital from the firm without explicit approval of a board of directors charged with representing the interests of the incorporated entity, even when that interest might sometimes conflict with the interests of individual shareholders. While this ability to lock in capital has occasionally led to abuses, the ability to commit capital generally helped promote …

The Dangers Of Deference: International Claim Settlement By The President, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

During the final months of the Clinton administration, the State Department entered into a trio of unprecedented international agreements with France (the "French Agreement"), Germany (the "German Agreement"), and Austria (the "Austrian Agreement"). These "sole" executive agreements, designed to resolve litigation pending in the U.S. courts that arose out of World War II and the Holocaust, were made without Senate ratification(as required for a treaty) or congressional authorization (as in a congressional- executive agreement). Although executive branch settlement of claims without Senate or congressional approval has a long history, these executive agreements mark an important departure from prior practice by …

A Jurisprudence Of Dangerousness, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article addresses the state's police power authority to deprive people of liberty based on predictions of antisocial behavior. Most conspicuously exercised against so-called "sexual predators," this authority purportedly justifies a wide array of other state interventions as well, ranging from police stops to executions. Yet there still is no general theory of preventive detention. This article is a preliminary effort in that regard. The article first surveys the various objections to preventive detention: the unreliability objection; the punishment-in-disguise objection; the legality objection; and the dehumanization objection. None of these objections justifies a complete prohibition on the state's power to …

Rethinking Legally Relevant Mental Disorder, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The law insists on maintaining mental disorder as a predicate for a wide array of legal provisions, in both the criminal justice system and the civil law. Among adults, only a person with a "mental disease or defect" can escape conviction for an intentional, unjustified crime on grounds of cognitive or volitional impairment.' Only people with "mental illness" or "mental disorder" may be subjected to indeterminate preventive commitment based on dangerousness. Under the laws of many states, only people with a mental disorder are prevented from making decisions about treatment, criminal charges, wills, contracts, and a host of other important …

Teaching A Course On Regulation Of The Police (With A Special Focus On The Sixth Amendment), Christopher Slobogin

Vanderbilt Law School Faculty Publications

The organizers of this symposium gave us the choice of writing about effective assistance of counsel or about teaching criminal procedure. I've decided to do both. This article discusses teaching the criminal procedure course most often called "Police Practices," for which I write a textbook entitled Regulation of Police Investigation: Legal, Historical, Empirical and Comparative Materials.' Borrowing heavily from the Teacher's Manual for that book, the first part of this article describes my general philosophy for teaching the course. The rest of the article illustrates this philosophy by describing how I teach students about the application of the Sixth Amendment …

The Poverty Exception To The Fourth Amendment, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This essay, written for the Sixth Annual LatCrit conference, explores the subterranean motifs of current rules regulating searches and seizures by the police. More specifically, it investigates whether and to what extent alienage, race and poverty influence the warrant and individualized suspicion rules purportedly governing police investigation. The essay begins by showing that, contrary to the assertion of other conference participants, Supreme Court doctrine has not created a "Mexican exception" to the Fourth Amendment (as distinguished from an "illegal alien" exception, which does seem to exist). The main focus of the article, however, is an examination of whether the Court's …