Law Commons^™

Challenges For Democracy And Trade: The Case Of The United States, Chantal Thomas

Cornell Law Faculty Publications

Predominant political theory holds that legislators are protectionist regarding international trade because susceptibility to minority interest groups leads them to vote in ways that protect domestic industries at the expense of free trade. Because free trade is widely regarded as beneficial to the majority, the protectionist tendency of the legislature is believed to be a disservice to most Americans. These two theories have led to policies that restrict the role of the legislature in the formulation of trade policy, specifically, the creation of the fast track framework for trade policy legislation that exists today. This Essay challenges these two theories, …

Recent Developments: Brooks V. Lewin Realty Iii, Inc.: A Prima Facie Case In A Negligence Action Involving Lead Paint Violations May Be Established Without Notice To The Landlord, Sarah M. Miller

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Denicolis V. State: Failure To Notify Defendant And Counsel Of Jury Note Requesting Clarification Of Definition Of Solicitation Is A Violation Of Maryland Rule 4-326(C), Victoria Z. Sulerzyski

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Friendly Finance Corp. V. Orbit Chrysler Plymouth Dodge Truck, Inc.: Garageman's Lien Has Priority Over Perfected Security Interests In A Motor Vehicle When Lien Holder Intends To Conduct A Statutory Sale, Jason L. Levine

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Attorney Grievance Commission Of Maryland V. Goodman: Intentionally Dishonest Conduct By Attorney Results In Disbarment, Rebecca A. Romig

University of Baltimore Law Forum

No abstract provided.

The Prodigal Argument: Mccollum V. Board Of Education, Gerard V. Bradley

Journal Articles

From the Introduction

Judges, lawyers, and scholars all cite the 1947 case, Everson v. Board of Education, as the cornerstone of Establishment Clause doctrine. They are right to do so. The Everson Court took two path-breaking steps: incorporation and strict separation. The justices there held, for the first time, that the Fourteenth Amendment made the Establishment Clause applicable to state action. Then they offered a novel account of what non-establishment meant. In sweeping language (which you can find at 330 U.S. 15 - 16) they held that it meant more than equality among religions. By requiring that all government …

Policy Brief #6: Child Care Quality For Children With Disabilities, Kathy Thornburg, Helen Raikes, Brian Wilcox, Julia C. Torquati, Carolyn P. Edwards, Lisa Knoche, Susan Hegland, Jean Ann Summers, Jane Atwater

Center on Children, Families, and the Law (and Related Organizations): Publications

Inclusion is a goal that is widely embraced for children with disabilities. The U.S. Dept. Education sets the target for 90% of children with disabilities to be enrolled in general education classes for 80% or more of school day (U.S. Department of Education, 1998). Early educators likewise support the rights of all young children to participate in a variety of natural environments within their communities. If this ambitious goal is to be met, more services must be provided in community child care. Yet quality child care choices are limited in availability, and parents of children with disabilities may have their …

Child Care Workforce And Quality -- Policy Brief: Summary Brief #5, Kathy Thornburg, Helen Raikes, Brian Wilcox, Carolyn P. Edwards, Julia C. Torquati, Susan Hegland, Jean Ann Summers, Jane Atwater

Center on Children, Families, and the Law (and Related Organizations): Publications

The study showed the average provider in the Midwest is female, married and a parent. This provider had some training or education beyond high school but not an advanced degree, was active in child care training, had a first aid/CPR certificate, considered child care her profession or calling, had been in the child care field for over 5 years and planned to remain a provider for at least 5 years.

The average provider was observed to provide minimal quality child care. Using well-established observational measures of quality, center-based preschool care averaged 4.57 on the Early Childhood Environment Rating Scale (ECERS-R); …

Nebraska Chem-L Protocol

Center on Children, Families, and the Law (and Related Organizations): Publications

Contents:
Objectives
Roles of Personnel at the Scene
Procedures at the Scene
Interviewing Children
Initial Urgent Medical Assessment
Foster Parent Information
Comprehensive Health Assessment and Follow-up
Training
Protocol Review
Protocol Dissemination

National Protocol For Medical Evaluation Of Children Found In Drug Labs

Center on Children, Families, and the Law (and Related Organizations): Publications

Contents:
Immediate Steps On-site
Within 72 hours
Follow Up
Personnel Decontamination
Emergency Activation
Law Enforcement
Child Protective Services
Medical Personnel
Emergency Department

Soft Paths, Hard Choices: Environmental Lessons In The Aftermath Of California's Electric Deregulation Debacle, Steven Ferrey

Suffolk University Law School Faculty Works

In 2001, California's electric sector deregulation exploded, and with it the state economy and the state political structure. The Governor of California, just recently reelected was recalled by the population, and replaced with Arnold Schwarzenegger. While the physical manifestations of this crisis received media attention, there was a major legal subtext that is still playing out in the courts and will continue for a decade. With the pivotal role that electric power plays in modern American life, and the key transitional role of the legal and regulatory system in transitioning states to a restructured and less regulated format, there are …

Petitioner's Brief - Reargument Of Oliphant V. Suquamish Indian Tribe, John P. Lavelle

Faculty Scholarship

Does the Suquamish Indian Tribe possess inherent sovereign power to exercise criminal jurisdiction over non-Indians alleged to have committed misdemeanor crimes within the boundaries of the tribe's own reservation in violation of the Suquamish Law and Order Code?

A Bar Against Competition: The Unconstitutionality Of Admission Rules For Out-Of-State Lawyers, Andrew M. Perlman

Suffolk University Law School Faculty Works

The Article contends that the American Bar Association's Model Rule on Admission by Motion and similar state provisions currently under consideration place unconstitutional limitations on the interstate practice of law and should be revised. These rules often require lawyers, and especially junior lawyers, to re-take the full bar examination as a condition for admission in another state. Although many commentators have criticized these types of requirements as having the primary purpose and effect of protecting the financial interests of the in-state bar, the re-take rule has a more serious and unrecognized flaw. It often violates three constitutional provisions designed to …

Racial Equality: Old And New Strains And American Indians, Gloria Valencia-Weber

Faculty Scholarship

First, I will set the colonial context for equality that was anchored in a narrow white male model as the principal civic actor. Second, the discussion proceeds to the political status of American Indians, the basis for the nation-to-nation relations that secured in treaties the lands and resources that benefited non-Indians. Third, this Article explores the cultural difference between indigenous and constitutional visions of individual rights and community. Fourth, is a description of the efforts to remake Indians into a race and assimilate their governments into federalism. Fifth, this Article discusses the Santa Clara Pueblo v. Martinez case, which demonstrates …

Tribal Courts And Federal Sentencing, Kevin Washburn

Faculty Scholarship

In light of the overwhelming acceptance of the norm of tribal self-governance in federal Indian policy, the Commission's decision not to credit the legitimate work of tribal courts in adjudicating misdemeanor sentences is surprising. This article critically evaluates this peculiar and unexplained policy. Part I describes the current federal policy toward tribal governments with particular emphasis on tribal courts and explains the role of tribal courts in the unique federal criminal justice regime that governs Indian country. Part II describes the Federal Sentencing Guidelines with particular attention to the provisions on criminal history. Part II also evaluates the Commission's current …

The Mechanics Of Indian Gaming Management Contract Approval, Kevin Washburn

Faculty Scholarship

The National Indian Gaming Commission's management contract review process is complicated, time-consuming and governed by detailed regulations. This article explains how the process actually works within the Commission and addresses some of the common issues that arise.

Why Do Hung Juries Hang?, Paula Hannaford-Agor, Valerie P. Hans, Nicole L. Mott, G. Thomas Munsterman

Faculty Publications

The National Center for State Courts examined dead-locked, or “hung,” juries to see what characteristics they share and how they might be avoided. As one part of the study, surveys of jurors, judges, and attorneys were conducted in four jurisdictions. The Central Division, Criminal, of the Los Angeles County (California) Superior Court and the Superior Court of the District of Columbia were selected because of reported concerns about hung jury rates in those jurisdictions. The Maricopa County (Arizona) Superior Court was chosen because of an innovative procedure there that permits judges to allow further evidence and arguments when a jury …

Overoptimism And Overborrowing, Richard M. Hynes

Faculty Publications

No abstract provided.

Book Review Of Gender On Trial: Sexual Stereotypes And Work/Life Balance In The Legal Workplace, Nicole Buonocore Porter

Faculty Publications

Holly English's book, Gender on Trial: Sexual Stereotypes and Work/Life Balance in the Legal Workplace, offers a very interesting, albeit mostly anecdotal, look at the many real or perceived sexual stereotypes in the legal workplace. Her book is the result of interviews with 180 lawyers (fifty of them men) over a two-year period in all regions of the country. Her main purpose of the book was to "explore the fact that persistent gender stereotypes present a continuing obstacle that obstructs the availability of broad opinions and choices for men and women lawyers." Through eight substantive chapters, she seeks to explore …

Building On Bedrock: The Continued Evolution Of Jury Reform, G. Thomas Munsterman, Paula L. Hannaford-Agor

Faculty Publications

Abundantly clear is that, far from being an enclave from the pressures and concerns of contemporary society, jury service readily absorbs and reflects those concerns in ways that can both support and challenge the American jus­tice system. Some of these concerns cut across many stages of jury service, and their effects are felt in unexpected ways. To sift through and identify the most noteworthy jury improvement efforts and concerns in the last seven years, we turned to technology (coincidently one of the hottest topics in jury service) and examined the topics that subscribers to Jur-E Bulletin, the National Center …

Sars And International Legal Preparedness, Lawrence O. Gostin, Jason W. Sapsin, Jon S. Vernick, Stephen P. Teret, Scott Burris

Georgetown Law Faculty Publications and Other Works

This article does not advance arguments regarding the efficacy or circumstances under which governments should exercise personal control measures such as quarantine or isolation. A literature on this aspect of SARS disease control strategies is just starting to develop more fully. Instead, we highlight the legal aspects of personal control measures employed against SARS in order to emphasize the importance of understanding public health law's role in authorizing and constraining disease control strategies, as well as the importance of legal preparedness in nations governed under the rule of law. In the contemporary international environment, one nation's failure in legal preparedness …

What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins

Faculty Publications

No abstract provided.

Localization And Transparency In Sentencing: Reflections On The New Early Disposition Departure, Michael M. O'Hear

Faculty Publications

A newly authorized "early disposition departure" permits federal judges to reduce the sentences of criminal defendants who plead guilty quickly pursuant to a locally adopted early disposition program. The new departure mechanism provides the first formal mandate in the United States Sentencing Guidelines for "localization," that is, adjusting the sentences of federal defendants based on local circumstances. This paper provides a defense of localization, and suggests that localization may be reconciled with the Guidelines' overriding objective of transparency in sentencing. The early disposition departure provides a model of "transparent localization," but could be reformed so as to offer both transparency …

Getting To The Nexus Of The Matter: A Sliding Scale Approach To Faculty-Student Consensual Relationship Policies In Higher Education, Paul M. Secunda

Faculty Publications

A prominent law dean is forced to resign over an alleged sexual affair with a student; a writing instructor details in a national magazine his steamy affair with his married student; a student stalks her male professor after he ends their sexual relationship and the criminal stalking charges against her are only dropped when she agrees to voluntarily leave the country. Increasingly, such tantalizing scandals are making their way into the nation's daily consciousness. Yet, behind all of these shocking tales of decadence lays the very real dilemma as to how college and university administrators should regulate consensual relationships between …

Teaching And Doing: The Role Of Law School Clinics In Enhancing Access To Justice, Jane H. Aiken, Stephen Wizner

Georgetown Law Faculty Publications and Other Works

This Essay revisits the issue of the role that law school clinics can, and should play, in expanding access to justice. To do so we need to cast a critical eye on what we do, who we are, what we have become, and whether we need to rediscover, redefine, and reimagine our professional role as law school clinical teachers.

The Entrapment Defense: An Interview, Paul Marcus

Faculty Publications

No abstract provided.

Sec Debarment Of Officers And Directors After Sarbanes-Oxley, Jayne W. Barnard

Faculty Publications

No abstract provided.

The Transnational And Sub-National In Global Crimes, Lan Cao

Faculty Publications

No abstract provided.

Aquaculture And Pollutants Under The Clean Water Act: A Case For Regulation, Sean M. Helle

Publications

No abstract provided.

Introducing Lawrence V. Texas: Some Background And A Glimpse Of The Future, Edward Stein

Cardozo Journal of Equal Rights & Social Justice

The article explores the landmark Supreme Court case Lawrence v. Texas (2003), which overturned the Court's earlier decision in Bowers v. Hardwick and struck down a Texas sodomy law criminalizing consensual same-sex intimacy. The ruling significantly advanced LGBTQ+ rights by affirming privacy rights under the Due Process Clause and laying groundwork for future equal protection challenges to laws discriminating based on sexual orientation. The decision's implications extend beyond privacy rights, influencing debates on same-sex marriage, adoption, and other areas of sexual orientation discrimination.