Law Commons^™

Slavery And The Roots Of Sexual Harassment, Adrienne D. Davis

Scholarship@WashULaw

In recent years, feminist scholars and activists have demonstrated the ways that U.S. slavery functioned as a system of gender supremacy. It entailed the dominance of men over women as well as whites over blacks. Adding the gender lens has shed immense light on the ways that sex, law, and power operated in the racially supremacist enslaving South. In recent years, this literature has emphasized the ways that slavery's sexual and racial subordination converged around the bodies of enslaved black women. One project within this literature characterizes slavery as a "sexual political economy" to make explicit the connections between its …

Torts - Municipal Corporations: Immunity For Injuries Suffered On Any Municipalities' Public Land Allowed By The North Dakota Supreme Court, Heather L. Foss

North Dakota Law Review

No abstract provided.

North Dakota Supreme Court Review

North Dakota Law Review

No abstract provided.

The Right To A Jury Decision On Questions Of Fact Under The Seventh Amendment, Paul F. Kirgis

Faculty Law Review Articles

In a series of decisions over the last decade, the Supreme Court has reconsidered an aspect of the Seventh Amendment that has been long overlooked: the allocation of particular questions to the judge or the jury in a case where the right to a jury trial applies. Breaking with historical practice, the Court has emphasized considerations other than the fact-law distinction as a basis for identifying the questions that must go to the jury. Most prominently, in Markman v. Westview Instruments, Inc., the Court focused on 'functional considerations" in assigning a question of patent claim construction to the judge. In …

The Americans With Disabilities Act And The Exclusion Of Inmates From Services In Prisons: A Proposed Analytical Approach Regarding The Appropriate Level Of Judicial Scrutiny Of A Prisoner's Ada Claim, Brian Lester

North Dakota Law Review

No abstract provided.

Liability For Accidents From Use And Abuse Of Cell Phones: When Are Employers And Cell Phone Manufacturers Liable, Jordan Michael

North Dakota Law Review

No abstract provided.

Controversies In Divorce Mediation, Dennis P. Saccuzzo

North Dakota Law Review

No abstract provided.

An Analysis Of Claims Regarding Transferable "Legal Title" To Iraqi Oil In The Immediate Aftermath Of Gulf War Ii: Paradigm For Insight On Continuation Of Un Juridical Regimes Following The Initiation Of Belligerent Occupation, R. Dobie Langenkamp, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Brief For Respondents, Derrick Bell

American University Law Review

No abstract provided.

January 2003, Cao, A Review Of Ifc's Safeguard Policies, Cao

CAO General 1999-Present

No abstract provided.

Efficiency, Therapeutic Justice, Mediation, And Evaluation: Reflections On A Survey Of Unified Family Courts, Andrew Schepard, James W. Bozzomo

Hofstra Law Faculty Scholarship

In cooperation with the American Bar Association's Coordinating Council on Unified Family Courts, faculty and students of Hofstra University's Center for Children, Families and the Courts conducted a survey of various courts in states we believed had made a commitment to implement a unified family court (UFC) model. Based on a questionnaire developed by the Center and the Coordinating Council, Hofstra Law School students interviewed court administrators, family court judges, or knowledgeable members of the family court bar in eighteen states. A detailed description of the survey, its methodology, and its findings is being published in the Family Court Review.' …

To Convergence And Beyond: First Amendment Law To Withstand Fast-Paced Change In The Telecommunications Industry, Mary V. Sooter

University of Colorado Law Review

No abstract provided.

The Migratory Bird Rule And Constitutional Avoidance In Solid Waste Agency: The Court Ducks A Challenge To The Federal Commerce Power, Danielle Dimauro

University of Colorado Law Review

No abstract provided.

The Constitutional Contributions Of John Dickinson, Robert G. Natelson

Faculty Law Review Articles

This article explores the contributions of John Dickinson to the Constitution and as a member of the Continental Congress. Part II provides a brief biography of John Dickinson through the ratification debates. Part II discusses Dickinson's political philosophy. Part IV examines Dickinson's philosophy in action at the Constitutional Convention.

The General Welfare Clause And The Public Trust: An Essay In Original Understanding, Robert G. Natelson

Faculty Law Review Articles

This article examines the three traditional interpretations of the General Welfare Clause -- first, that it is a plenary grant of regulatory and spending power to Congress; second, that it is a plenary grant of spending power only; and third, that it is not a grant of power at all. The author finds severe textual problems with the first and second interpretations and his historical analysis confirms that those interpretations have little basis in original understanding. The third view, says the author, is the most textually sound.

Part II of the article addresses prior studies of the General Welfare Clause …

Panel Two: The Evolution Of Corporate Governance, Randall Quinn, Richard W. Painter, Roberta S. Karmel, Stuart Kaswell

American University Law Review

No abstract provided.

Keynote Address, Stanley Sporkin

American University Law Review

No abstract provided.

Comment: The Sins Of The Savior: Hold The United Nations Accountable To International Human Rights Standards For Executive Order Detentions In Its Mission In Kosovo, Elizabeth Abraham

American University Law Review

No abstract provided.

Introduction The Quest For Equal Education Opportunity: Brown Nears 50, San Antonio Turns 30, Stephen J. Wermiel

American University Law Review

No abstract provided.

The Civil Rights Era: A Look Back By Those Who Lived And Litigated Through It, Stephen J. Wermiel

American University Law Review

No abstract provided.

Separate And Unequal: American Public Education Today, Erwin Chemerinsky

American University Law Review

No abstract provided.

Achieving Equality Of Educational Opportunity In The Wake Of Judicial Retreat From Race Sensitive Remedies: Lessons From North Carolina, Roslyn Arlin Mickleson

American University Law Review

No abstract provided.

Looking Ahead: The Future Of Affirmative Action, Susan Low Bloch

American University Law Review

No abstract provided.

Book Review: Dekker, The Invisible Line, Joseph Blocher

Faculty Scholarship

Reviewing Henri A.L. Dekker, The Invisible Line: Land Reform, Land Tenure Security and Land Registration (2003)

The Norm Of Prior Judicial Experience And Its Consequences For Career Diversity On The U.S. Supreme Court, Lee Epstein, Jack Knight, Andrew D. Martin

Faculty Scholarship

No abstract provided.

Legal Transitions: Some Welfarist Remarks, Matthew D. Adler

Faculty Scholarship

This essay offers a sympathetic, utilitarian critique of Louis Kaplow's famous argument for legal retroactivity in his 1986 article, "An Economic Analysis of Legal Transitions." The argument, very roughly, is that the prospect of retroactivity is desirable if citizens are rational because it gives them a desirable incentive to anticipate legal change. My central claim is that this argument trades upon a dubious, objective view of probability that assumes rational citizens assign the same probabilities to states as rational governmental officials. But it is subjective, not objective probabilities that bear on rational choice, and the subjective probabilities of rational citizens …

Constitutional Existence Conditions And Judicial Review, Matthew D. Adler, Michael C. Dorf

Faculty Scholarship

Although critics of judicial review sometimes call for making the entire Constitution nonjusticiable, many familiar norms of constitutional law state what we call "existence conditions" that are necessarily enforced by judicial actors charged with the responsibility of applying, and thus as a preliminary step, identifying, propositions of sub-constitutional law such as statutes. Article I, Section 7, which sets forth the procedures by which a bill becomes a law, is an example: a putative law that did not go through the Article I, Section 7 process and does not satisfy an alternative test for legal validity (such as the treaty-making provision …

Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang

Faculty Scholarship

No abstract provided.

The Puzzle Of Ex Ante Efficiency: Does Rational Approvability Have Moral Weight?, Matthew D. Adler

Faculty Scholarship

A governmental decision is "ex ante efficient" if it maximizes the satisfaction of everyone's preferences ex ante, relative to other possible decisions. Equivalently, each affected person would be rational to approve the decision, given her preferences and beliefs at the time of the choice. Does this matter, morally speaking? Do governmental officials - legislators, judges, regulators - have a moral reason to make decisions that are ex ante efficient? The economist's answer is "yes." "Ex ante efficiency" is widely seen by welfare economists to have moral significance, and often appears within law-and-economics scholarship as a criterion for evaluating legal doctrines. …

Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler

Faculty Scholarship

Is death a harm? Is the risk of death a harm? These questions lie at the foundations of risk regulation. Agencies that regulate threats to human life, such as the EPA, OSHA, the FDA, the CPSC, or NHTSA, invariably assume that premature death is a first-party harm - a welfare setback to the person who dies - and often assume that being at risk of death is a distinct and additional first-party harm. If these assumptions are untrue, the myriad statutes and regulations that govern risky activities should be radically overhauled, since the third-party benefits of preventing premature death and …