Law Commons^™

To Lend Or Not To Lend: What The Cra Ought To Say About Sub-Prime And Predatory Lending, Cassandra Jones Havard

All Faculty Scholarship

Policies that support the expansion of affordable housing for low- and moderate-income persons must be reconciled with those policies that undercut the sustainability of home ownership. The sub-prime market represents a much needed expansion of credit markets to those who have been denied access to credit though they are creditworthy. The high failure rate of the sub-prime market indicates that market forces are ineffective in halting this economic abuse. This article argues that the public policy choices and justifications for certain practices have marginalized the concerns of particular consumer classes. It challenges the premise that the free market can and …

Preserving The Exceptional Republic: Political Economy, Race, And The Federalization Of American Immigration Law, Matthew Lindsay

All Faculty Scholarship

Between 1882 and 1891, the U.S. Congress enacted a spate of immigration laws though which the federal government assumed virtually exclusive control over a regulatory sphere that historically had been the province of the states. This Article argues that this federalization of immigration regulation represented an attempt to reconcile the nation’s most cherished ideological commitment - the notion that the U.S. would forever remain an exceptional, “free labor” republic - with the unprecedented social and economic convulsions of the 1870s and 1880s.

The meaning of both immigrants and immigration was fundamentally transformed during the Gilded Age due to two successive …

Richmond Law Magazine: Summer 2005

Richmond Law Magazine

Features:

Fear, Irrationality, and Risk Perception

A Judge's Legacy

Their Day in Court

History Unearthed

Exclusionary Amenities In Residential Communities, Lior Strahilevitz

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

A Technical Critique Of Fifty Software Patents, Martin Campbell-Kelly, Patrick Valduriez

Marquette Intellectual Property Law Review

There has been a great deal of discussion on the desirability of software patents in the legal, economic, and technical academic literature. Case law is the basis of most of the legal literature on the topic. Typically, the basis of the economic literature on patents is the statistical analysis of large numbers of patents. The technical literature frequently hostile to patents often is based on an examination of a small number of pathologically bad patents The authors seek to overcome the inherent limitations of each category of article. The approach taken was to conduct a detailed, technical examination of the …

American Constitutional Fantasies: Escape From Difference Through Escape From Government, David C. Williams

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

The Functional Representation Of The Individual's Interests Before The Ec Courts: The Evolution Of The Remedies System And The Pluralistic Deficit In The Ec, Luigi Mmalferrari

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

Law As Communitarian Virtue Ethics, Sherman J. Clark

Buffalo Law Review

No abstract provided.

To Transform The International Criminal Trial: Merging Restorative And Retributive Justice, Mark Findlay

Research Collection Yong Pung How School Of Law

This paper establishes the case for trial transformation looking at a model of justice that is more inclusive and cognisant of competing aspirations for justice resolutions internationally.

Foreign Law And The U.S. Constitution, Kenneth Anderson

Popular Media

The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional adjudication has emerged as a major debate among justices of the U.S. Supreme Court, with Justice Anthony Kennedy writing for a majority approving the practice in the March 2005 decision of Roper v. Simmons, and Justices Antonin Scalia and Stephen Breyer undertaking an unusual public discussion of the practice in January 2005 at American University law school. This article examines the arguments made by Justices Kennedy, Scalia, and Breyer for and against the practice, setting them in the broader context of constitutional theory. It …

Testimonial And The Formalistic Definition -- The Case For An "Accusatorial" Fix, Robert P. Mosteller

Faculty Publications

No abstract provided.

Effective Disaster Mitigation Depends Upon Well-Coordinated Local Land Use Planning And Zoning, Patricia E. Salkin

Scholarly Works

No abstract provided.

Exclusionary Amenities In Residential Communities, Lior Strahilevitz

Public Law and Legal Theory Working Papers

No abstract provided.

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

Faculty Scholarship

Since the very moment of its adoption, the Sarbanes-Oxley Act of 2002 has been subject to a litany of critiques, many of them seemingly well-placed. The almost universal condemnation of the Act for its asserted 'federalization' of corporate law, by contrast, deserves short shrift. Though widely invoked - and blithely accepted - dissection of this argument against the legislation shows it to rely either on flawed assumptions or on normative preferences not ordinarily acknowledged (or perhaps even accepted) by those who criticize Sarbanes-Oxley for its federalization of state corporate law.

Once we appreciate as much, we can begin by replacing …

Who Is Encroaching Whom? The Balance Between Our Naval Security Needs And The Environment: The 2004 Rrpi Provisions As A Response To Encroachment Concerns, Natalie Barefoot-Watambwa

University of Miami Law Review

No abstract provided.

"A Formstone Of Our Federalism": The Erie/Hanna Doctrine & Casebook Law Reform, Robert J. Condlin

University of Miami Law Review

No abstract provided.

The Legacy Of "Deep Throat": The Disclosure Process Of The Whistleblower Protection Act Amendments Of 1994 And The No Fear Act Of 2002, Sarah Wood Borak

University of Miami Law Review

No abstract provided.

Giftedness, Disadvantage, And Law, Cynthia V. Ward

Faculty Publications

No abstract provided.

Collaborative Governance In The Restructured Electricity Industry, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In Schools, Erika George

Faculty Scholarship

This Article argues that the international community's gender equality targets will not be realized by 2015 because the problems associated with sexual violence against girls in schools are situated at an intersection of contested conceptual divides between human rights (civil and political liberties) and development aims (social and economic needs). Cracks in the conceptual foundations of both the liberal and utilitarian theories of justice and equality, which support traditional human rights advocacy and economic development plans, respectively render each approach inadequate to fully identify and address the grave danger sexual violence and harassment in schools pose to educational equality. In …

In The Interests Of Justice: A Critique Of The Icty Trial Court's Decision To Assign Counsel To Slobodan Milosevic, Milan Markovic

Faculty Scholarship

On February 12, 2002, Slobodan Milosevic became the first head of state to be brought before an international criminal tribunal. The Milosevic trial was hailed as a momentous event for both the International Criminal Tribunal for the Former Yugoslavia ("ICTY") and international justice as a whole. As one former ICTY official said at the start of the trial, "Milosevic's transfer to the Hague is the capstone of the tribunal's somewhat improbable rise from the margins of the international arena to that of a serious international institution."

Unfortunately, the trial appears to have been more than the ICTY bargained for. The …

Conflict Of Laws (2005), James P. George, Anna K. Teller

Faculty Scholarship

States' and nations' laws collide when foreign factors appear in a lawsuit. Nonresident litigants, incidents outside the forum, parallel lawsuits, and judgments from other jurisdictions can create problems with personal jurisdiction, choice of law, and the recognition of foreign judgments. This article reviews Texas conflicts cases from Texas state and federal courts during the Survey period from October 1, 2003 through November 31, 2004. The article excludes cases involving federal-state conflicts; intrastate issues such as subject matter jurisdiction and venue; and conflicts in time, such as the applicability of prior or subsequent law within a state. State and federal cases …

International Courts And Tribunals, Nancy Amoury Combs, Carl Magnus Nesser, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline Weisman

Faculty Publications

This article reviews and summarizes significant developments in 2004 concerning international courts and tribunals, particularly events relating to tbe International Court of Justice, tbe United Nations Compensation Commission, the Iran-U.S. Claims Tribunal, and tbe Claims Resolution Tribunal. Significant developments relating to the International Criminal Court, the International Criminal Tribunals for the former Yugoslavia and for Rwanda, proposed additional ad hoc international criminal tribunals, the International Tribunal for the Law of tbe Sea, and tbe World Trade Organization dispute settlement system and other trade dispute settlement systems are detailed in other articles in this issue.

Fourth Amendment Federalism? The Court's Vacillating Mistrust And Trust Of State Search And Seizure Laws, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Love's Refugees: The Effects Of Stringent Danish Immigration Policies On Danes And Their Non-Danish Spouses, Lindsey Rubin

Connecticut Journal of International Law

At age eighteen Christina Reves could vote, die for her country, or be elected to parliament, yet a foreigner from another European Union country can more easily live in Denmark with a foreign spouse than Reves and her Egyptian husband.' This was one of the ridiculous ironies created when the Center-Right Danish People's Party enacted the most stringent immigration laws in the European Union.' By introducing the toughest immigration laws in Europe, previously liberal Denmark surprised many other countries, as well as many Danes, by restricting Danish citizenship for foreign spouses.' The laws have driven Reves, and almost twelve hundred …

From Intellectual Property Rights To Pharmaceutical R&D Investment: Considering The Potential Employment Effects Of Legalized Reimportation, Joseph Golec, John Vernon

Connecticut Journal of International Law

There are likely to be many economic consequences to the legalization and enforcement of pharmaceutical reimportation from such price-regulated markets as Canada and the European Union (EU). However, in most public policy debates, the focus remains on the short-run benefits to Americans of the potentially lower drug prices importation may bring. In earlier studies we utilized our published econometric results on the effect reimportation may have on research and development ("R&D") investment within the context of an infinite time-horizon R&D model. This allowed us to approximate the long-run economic costs in terms of foregone life expectancy such a policy might …

Price Controls For Prescription Drugs: Canada Does It, So Can The United States, Joel Lexchin

Connecticut Journal of International Law

Drug spending is rising faster than any other component of health care in the United States. Between 1992 and 2002, the growth rate for pharmaceuticals was 7.2% per annum compared to 3.3% for total health spending (1). By 2002, Americans were paying in excess of $162 billion for retail prescription drugs (2). Rising drug prices have accounted for by far the largest proportion of that growth in recent years (2). Prices for patented single source medications in the United States are significantly higher than in any other developed country, no matter who is doing the calculations (3,4). Even taking into …

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 …

The University Of Michigan Law School Report Of Giving, July 1, 2004 - June 30, 2005, University Of Michigan Law School

Miscellaneous Law School History & Publications

An annual report of giving from the members of the University of Michigan Law School community.

Tnuva Co-Op V. Ministry Of Industry, Trade, And Employment, Yigal Mersel

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The case concerns the question of once it was decided to order a party to pay costs, including attorney’s fees (hereinafter: costs), what is the standard for assessing the amount to be paid: whether “real” costs (that is costs expended by a party in actuality or that the party has committed to expend) or a different standard, such as reasonable expenses or minimal expenses. …