Law Commons^™

All Deliberate Speed: Reflections On The First Half-Century Of Brown Vs. Board Of Education, Charles J. Ogletree Jr.

Montana Law Review

Reflections on the First Half-Century of Brown vs. Board of Education

Resolving Employee Discharge Disputes Under The Montana Wrongful Discharge Act (Mwda), Discharge Claims Arising Apart From The Mwda, And Practice And Procedure Issues In The Context Of A Discharge Case, William L. Corbett

Montana Law Review

Resolving Employee Discharge Disputes Under the Montana Wrongful Discharge Act

Montana's Marriage Amendment: Unconstitutionally Denying A Fundamental Right, Lisa M. Polk

Montana Law Review

Montana's Marriage Amendment: Unconstitutionally Denying a Fundamental Right

The Constitutional Limits To Court-Stripping, Michael J. Gerhardt

Faculty Publications

This Article is part of a colloquy between Professor Michael J. Gerhardt and Professor Martin Redish about the constitutionality of court-stripping measures. Court-stripping measures are laws restricting federal court jurisdiction over particular subject matters. In particular, the authors discuss the constitutionality of the Marriage Protection Act of 2004. Professor Gerhardt argues that the Act is unconstitutional and threatens to destroy the principles of separation of powers, federalism and due process. It prevents Supreme Court review of Congressional action and hinders the uniformity and finality of constitutional law. Furthermore, the Act violates the equal protection component of the Fifth Amendment Due …

Worldwide Prescriptive Jurisdiction In Internet Content Controversies: A Comparative Analysis, Yulia A. Timofeeva

Connecticut Journal of International Law

The global medium of the Internet presents global challenges. Many of the challenges emerging in cyberspace are straightforward and demand clear, noncontroversial solutions. However, an increasing number of Internet controversies implicate fundamental values, such as freedom of speech, and concern multiple sovereignties.' Internet controversies of this nature produce disagreement between the various states involved and threaten the values at issue. Disputes involving value clashes and conflicting state authority are particularly prevalent in Internet content regulation cases.

Internet activities are governed by multiple jurisdictions that have the potential to overlap and conflict.2 There is significant debate regarding the scope of a …

A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles

Cornell Law Faculty Publications

This article urges humanistic legal studies to take the technical dimensions of law as a central focus of inquiry. Using archival and ethnographic investigations into developments in American Conflict of Laws doctrines as an example, and building on insights in the anthropology of knowledge and in science and technology studies that focus on technical practices in scientific and engineering domains, it aims to show that the technologies of law - an ideology that law is a tool and an accompanying technical aesthetic of legal knowledge - are far more central and far more interesting dimensions of legal practice than humanists …

Reliability Matters: Reassociating Bagley Materality, Strickland Prejudice, And Cumulative Harmless Error, John H. Blume, Christopher W. Seeds

Cornell Law Faculty Publications

Most commonly invoked after conviction and direct appeal, when a defendant may claim that his lawyer was ineffective or that the government failed to disclose exculpatory information, the Brady doctrine, which governs the prosecutor’s duty to disclose favorable evidence to the defense, and the Strickland doctrine, which monitors defense counsel’s duty to represent the client effectively, have developed into the principal safeguards of fair trials, fundamental to the protection of defendants’ constitutional rights and arguably defendants’ strongest insurance of a reliable verdict. But the doctrines do not sufficiently protect these core values.

The doctrines, despite their common due process heritage …

Developing Countries And The Wto, John J. Barceló Iii

Cornell Law Faculty Publications

When the World Trade Organization (WTO) was founded ten years ago on January 1, 1995, commentators hailed it as a major transformation of the world trading system. The new, more juristic and permanent World Trade Organization replaced the previous, more pragmatic and ad hoc General Agreement on Tariffs and Trade (GATT). The industrial countries, led by the United States, the EU, and Japan, brought about this change to consolidate and deepen their own and the world’s commitment to an open trading system. Their support for the change was crucial because they dominated the GATT, and they continue to dominate the …

Oxford: A Haven For Sabbaticals And Other Visits, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Determining The Undeterminable: The Best Interest Of The Child Standard As An Imperfect But Necessary Guidepost To Determine Child Custody, Steven N. Peskind

Northern Illinois University Law Review

Since the 1960s, our nation's courts have almost universally relied on a legal standard known as the "best interest of the child" in order to resolve contested issues involving child custody. Critics of the standard conclude that, due to the complexities of defining what will serve a child's best interests, the standard is at best not helpful, and is perhaps even useless. Critics also charge that the standard is indeterminate, and depends too heavily on the subjective values and life experience of the individual fact finder--the trial judge. In this article, Steven Peskind will review the history of standards used …

Relocation Custody Disputes - A Binuclear Family-Centered Three-Stage Solution, Robert E. Oliphant

Northern Illinois University Law Review

This article argues that the best method for courts to adopt during relocation custody disputes is a binuclear, family-centered process. A binuclear family is defined as a large, interconnected family, with one household headed by the ex-wife and the other by the ex-husband, with the child being a member of both. The author contends that the current methods, which include the endangerment standard and the "new family" theory, are both inadequate to deal with a relocation custody dispute. Specifically, the author discusses a proposed three-step process for dealing with a relocation custody dispute. Step one involves the creation of a …

Class Actions, Thomas M. Byrne, Suzanne M. Alford

Mercer Law Review

The year 2004 was an eventful one for the development of class action law in the Eleventh Circuit. In a series of decisions prior to 2004, the court consistently paid close attention to whether the individual issues raised by claims or defenses would predominate over any common issues and would thereby render a class action either unmanageable or unfair. For example, in Andrews v. American Telephone & Telegraph Co., the court reversed an order certifying a class of millions of telephone service customers who challenged their phone carriers' 900-number participation because of the impossibility of applying the gaming laws …

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

Continuing the trend begun with the 2003 survey period, the 2004 survey period experienced a significant decrease in the number of decisions by the Eleventh Circuit Court of Appeals in the area of employment discrimination. On the other hand, the United States Supreme Court decided several noteworthy decisions in the employment arena. In Pennsylvania State Police v. Suders, the Court addressed the important issue of whether the Ellerth/Faragher affirmative defense' in hostile work environment sexual harassment cases is available when the plaintiff alleges that she was constructively discharged. In General Dynamics Land Systems, Inc. v. Cline, …

Intellectual Property, Laurence P. Colton, Nigamnarayan Acharya, Michael J. Bootcheck

Mercer Law Review

This Article surveys case law developments in the area of intellectual property, including patents, copyrights, and trademarks, relevant to Georgia during the period from January 1, 2004 to December 31, 2004. The authors have not attempted to include all cases that touch upon intellectual property, but instead have selected decisions that are of more significance or interest or that may indicate a particular direction in the areas of law. While the cited cases often have multiple issues, the authors have reported only on the more relevant or interesting issues.

To Serve And Protect: Thornton V. United States And The Newly Anemic Fourth Amendment, Jason Lewis

Mercer Law Review

In Thornton v. United States, the United States Supreme Court further weakened the protection afforded by the Fourth Amendment by holding that an officer may search the passenger compartment of a vehicle incident to arrest even when the suspect is first approached after exiting the vehicle. Under the guise of providing protection to police officers, this decision greatly expands the power of an arresting officer to search the private property of the arrestee and creates uncertainty on what constitutional limits apply to searches incident to arrest outside the home.

Ranking Law Schools: A Market Test?, Cass R. Sunstein

Public Law and Legal Theory Working Papers

Instead of ranking law schools through statistical aggregations of expert judgments, or by combining a list of heterogeneous factors, it would be possible to rely on a market test, simply by examining student choices. This tournament-type approach would have the large advantage of relying on the widely dispersed information that students actually have; it would also reduce reliance on factors that can be manipulated (and whose manipulation does no good other than to increase rankings). On the other hand, a market test has several problems as a measure of law school quality, partly because cognitive biases and social influences may …

Field Marshall Douglas Haig: A Negative Leadership Lesson In Military History, Joshua E. Kastenberg

Faculty Scholarship

A very brief analysis of the “bloody mindlessness” leadership trait of Field Marshall Douglas Haig.

The Role Of Groups In Norm Transformation: A Dramatic Sketch, In Three Parts, Robert B. Ahdieh

Faculty Scholarship

Legal scholars, as well as economists, have focused limited attention on the role of coordinated groups of market participants - committees, clubs, associations, and the like - in social ordering generally and in the evolution of norms particularly. One might trace this neglect to some presumptive orientation to state actors (expressive law) and autonomous individuals (norm entrepreneurs) as the sole parties of interest in social change. Yet, alternative stories of social ordering and norm change might also be told. Dramatic recent changes in the contracting practices of the sovereign debt markets offer one such story.

Using the latter by way …

A Tournament Of Virtue, Lawrence B. Solum

Faculty Scholarship

How ought we to select judges? One possibility is that each of us should campaign for the selection of judges who will transform our own values and interests into law. An alternative is to select judges for their possession of the judicial virtues - intelligence, wisdom, courage, and justice. Stephen Choi and Mitu Gulati reject both these options and argue instead for a tournament of judges - the selection of judges on the basis of measurable, objective criteria, which they claim point toward merit and away from patronage and politics. Choi and Gulati have gotten something exactly right: judges should …

From "Federalization" To "Mixed Goverance" In Corporate Law: A Defense Of Sarbanes-Oxley, Robert B. Ahdieh

Buffalo Law Review

No abstract provided.

Finance Theory And Accounting Fraud: Fantastic Futures Versus Conservative Histories, Lawrence A. Cunningham

Buffalo Law Review

No abstract provided.

Making Sense Of The Sense Of Justice, Markus Dirk Dubber

Buffalo Law Review

No abstract provided.

Giving The Gift Of Public Office, James A. Gardner

Buffalo Law Review

This interpretive essay, written for the Buffalo Law Review's annual essay issue, identifies an increasingly common pathology of American democracy in which voters treat the election of public officials not as an instrumental act designed to influence public policy, but as an opportunity to present public office as a gift to those who have pleased, entertained, or moved them. The reelection of Strom Thurmond to the Senate at age 93 and the election of nearly forty congressional widows to their late husbands' seats exemplify this trend. Although this behavior bears a passing resemblance to eighteenth-century habits of political deference and …

The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas C. Kohler

Buffalo Law Review

No abstract provided.

Arnold Schwarzenegger And Our Common Future, Sarah Krakoff

Buffalo Law Review

No abstract provided.

Autonomy And End-Of-Life Decision Making: Reflections Of A Lawyer And A Daughter, Ray D. Madoff

Buffalo Law Review

No abstract provided.

A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles

Buffalo Law Review

No abstract provided.

Unfortunately, White-Collar Is The Default Setting: Boys And Higher Education, John Henry Schlegel

Buffalo Law Review

No abstract provided.

Maine Law Magazine - Issue No. 82, University Of Maine School Of Law

Maine Law Magazine

Contents:

• In Celebration of Remarkable Life: Dean Emeritus Edward S. Godfrey, III
• Around Campus
• Faculty Notes
• Focus on Faculty: Professor William. W. Wells
• Focus on Alums: Hon. Nancy Mills '82
• Class News
• Alumni Events

How To Make Your Appellate Brief More Readable, Jonathon S. Byington

Faculty Journal Articles & Other Writings

This article discusses ways to improve the readability of appellate briefs. It is a synthesis of suggestions from several state appellate judges, numerous articles on appellate practice, and the author's own observations.