Law Commons^™

Faculty Salary Compression: A Model For Response, Elizabeth Reilly, Chand Midha, Thomas Calderon, Richard Steiner

Thomas Calderon

This paper describes a process used by The University of Akron to address salary compression. The process allocates salary adjustment resources to disciplines based on relative salary ratios derived from benchmarks. Amounts earmarked for specific disciplines are then distributed to departments for allocation to individual faculty based on merit. The process also invokes concepts of fairness and equity, and includes a component distributed to productive faculty members based on rank and experience. Outcomes, challenges, and implications of the process are examined.

Introduction To The Civil Procedure Puzzle, Robert Bloom

Robert Bloom

No abstract provided.

Texas Family Law: A Focus On Property Issues, Sydney Beckman, Heather King, Bruce Beverly, Randall Wilhite

Bruce L. Beverly

No abstract provided.

Courts Should 'Send Message' To Prosecutors, Timothy O'Neill

Timothy P. O'Neill

Journalism Ethics In Wartime, Erik Ugland, Karen Slattery

Erik Ugland

No abstract provided.

Conduct, Results And Knowledge, Timothy O'Neill

Timothy P. O'Neill

Debate Club: Should The Ninth Circuit Be Divided?, Jennifer Spreng, Carl Tobias

Jennifer E Spreng

No abstract provided.

Clarifying The Law On Post-Employment Covenants, E. Joan Blum

E. Joan Blum

No abstract provided.

Taped Confession, A Bag Of Tricks, Timothy O'Neill

Timothy P. O'Neill

Recovering Lost Profits In International Disputes, John Gotanda

John Y Gotanda

Claims for lost profits in international disputes often involve millions of dollars. Because national laws on the awarding of lost profits are typically vague and determining the amount of lost profits that a claimant is owed often requires a tribunal to examine complex economic and financial data, these claims raise arguably the most complicated issues for a tribunal deciding a transnational contract dispute. This has resulted in awards of lost profits that seem inconsistent or arbitrary. This article thoroughly examines the awarding of future lost profit damages in transnational contact disputes. It contains a comparative study of laws on the …

Performing Racial And Ethnic Identity: Discrimination By Proxy And The Future Of Title Vii, Camille Gear Rich

Camille Gear Rich

No abstract provided.

Essential, Yes, But Role Of Jury Still Stirs Debate, Timothy O'Neill

Timothy P. O'Neill

Amid Scarcity, Emerging Global Society Requires Justice, Frank Garcia

Frank J. Garcia

No abstract provided.

L.A. Race Woman: Charlotta Bass And The Complexities Of Black Political Development In Los Angeles, Regina Freer

Regina Freer

Using her platform as owner and editor of Los Angeles's prominent black newspaper the California Eagle from 1912-1951, L.A. race woman Charlotta Bass was at the center of black political life of the city. This article examines her life and political activism as they offer a lens into the history of black community response to the particular demography, geography, politics and economics of Los Angeles and African American's expectations of what life should be like in the city. While black Angelenos confronted pitched job market competition and familiar white resistance to black advancement, blacks in L.A. did experience a form …

Hoist With Their Own Petard?, Steven Chanenson

Steven L. Chanenson

In 2003, Congress and the Department of Justice tried to increase their control over the United States Sentencing Commission and federal sentencing generally. Congress appeared to have achieved this goal when it passed the Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2003 (“PROTECT Act”), which resulted in reduced grounds for downward departures, Congressionally-revised text of the Federal Sentencing Guidelines, and a constrained Sentencing Commission potentially devoid of judges. Yet pro-government interpretations of the PROTECT Act may have been premature because the Supreme Court has now struck down parts of Washington State’s legislatively-enacted sentencing guidelines in …

Miranda Isn't Just About Fifth Amendment, Timothy O'Neill

Timothy P. O'Neill

What Will Medicaid Look Like In 2010?, Robert Field

Robert I. Field

No abstract provided.

Miranda Cases Tip Balance In Favor Of Prosecution, Timothy O'Neill

Timothy P. O'Neill

Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen Brady

Kathleen A Brady

Much has been written about the protections afforded by the Free Exercise Clause when government regulation impacts the religious practices of individuals, and if one looks for guidance from the Supreme Court, the rules are fairly clear. Prior to 1990, the Supreme Court had long employed a balancing approach that afforded—at least in theory—significant relief. Under this approach individuals were entitled to exemptions from laws which substantially burdened religious conduct unless enforcement was justified by a compelling state interest. In 1990, in Employment Division v. Smith, the Supreme Court abandoned this balancing test for all but a few categories of …

Automatic Reversal, Down Not Out, Timothy O'Neill

Timothy P. O'Neill

Criminal Justice And Videoconferencing Technology: The Remote Defendant, Anne Poulin

Anne Poulin

This Article addresses the increasing use of videoconferencing to avoid bringing criminal defendants to court for certain proceedings. Unfortunately, courts use videoconferencing technology to bring criminal defendants to court without carefully evaluating the impact of that practice on the quality of justice. This Article evaluates the implications of using technology to have defendants appear through videoconferencing and argues against the practice. It brings to bear the literature from other fields, particularly communications and social psychology. That body of literature suggests that videoconferencing may have a negative impact on the way the defendant is perceived by those in court as well …

In Pennsylvania, The Sentencing Remains The Same, Steven Chanenson, Frank Dermody

Steven L. Chanenson

No abstract provided.

Standard Terms And Tangled Law, Timothy O'Neill

Timothy P. O'Neill

'Other Crimes' And Other People, Timothy O'Neill

Timothy P. O'Neill

'Two Ideas' A Lonely Camp; 'One Idea' A Majority, Timothy O'Neill

Timothy P. O'Neill

Punitive Damages: A Comparative Analysis, John Gotanda

John Y Gotanda

In light of expanding international trade, it is increasingly likely that politicians, courts and tribunals will wrestle with whether punitive damages are appropriate in transnational disputes, and whether countries that traditionally do no allow exemplary relief should recognize and enforce foreign awards of such damages. Furthermore, by seeing how different systems address these problems, we can gain a deeper understanding of the role of punitive damages in our own legal system and be better able to deal with punitive damages issues in the international arena. This Article undertakes a thorough comparative study of punitive damages in common law countries. It …

Simultaneous And Sequential Anticommons, Francesco Parisi, Norbert Schulz, Ben Depoorter

Ben Depoorter

This paper defines a framework for anticommons analysis based on the fragmentation of property rights. In differentiating between sequential and simultaneous cases of property fragmentation, we describe and assess the equilibria obtained under each scenario. Our model reveals how the private incentives of excluders do not capture the external effects of their decisions. Moreover, our model suggests that the result of underutilization of joint property increases monotonically in both (a) the extent of fragmentation; and (b) the foregone synergies and complementarities between the property fragments. Within this context, we can therefore explore important implications for possible institutional responses to a …

In Road Block Case, 'Proprietor' Gives Up The Store, Timothy O'Neill

Timothy P. O'Neill

Contributions Legal Scholars Can Make To Development Economics: Examples From China, Joyce Palomar

Joyce Palomar

No abstract provided.

Public Policy And The Recognition Of Same-Sex Marriage, Kevin Oates

Kevin P. Oates

No abstract provided.