Law Commons^™

Wrong-Sizing International Justice? The Hybrid Tribunal In Sierra Leone, Chandra Lekha Sriram

Faculty Scholarship

As institutions of international justice proliferate, so do disputes about their legitimacy, and about what shape they ought to take. As truly international tools such as the International Criminal Court and the exercise of universal jurisdiction face political and practical challenges, some scholars and practitioners have advocated a distinct institutional solution: the hybrid court. These are courts that are neither purely national nor international, but rather that pursue accountability in the country where abuses and crimes occurred, but with both national and international staff, and utilizing a mixture of national and international law. Many have suggested that these tribunals represent …

The Custody Battle Over Cryogenically Preserved Embryos After Divorce: Advocating For Infertile Women’S Rights, Cori S. Annapolen

ExpressO

This paper focuses on the struggles that infertile women face to achieve motherhood because their rights are underrepresented in the American court system. It specifically centers on how the process of in vitro fertilization (IVF) helps infertile women conceive children, but then details the problems that increasing technology now causes for these women after they freeze embryos and then divorce. Because the courts of only four states have determined who gets custody of these embryos after a divorce, and because the divorce rate and the number of couples utilizing IVF are increasing, future states will likely be forced to answer …

Seeing Government Purpose Through The Objective Observer's Eyes: The Evolution-Intelligent Design Debates, Kristi L. Bowman

ExpressO

In October, 2004, the Dover, Pennsylvania School District became the first in the nation to adopt a policy requiring students studying evolution to be told about the concept of intelligent design. Soon thereafter, parents filed a lawsuit challenging the policy as violating the Establishment Clause. But, Establishment Clause doctrine is one of the most splintered, incoherent areas of the Court’s jurisprudence—and even more so after the Court’s June 2005 McCreary County v. Kentucky decision. Read strictly, McCreary County imports the effects-endorsement “objective observer” into the government purpose inquiry. This subtle shift has significant ramifications: McCreary County changes the nature of …

2005 Scholars And Artists Bibliography, Stephen D. Slane Dr., Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr, Steve Slane was the guest speaker.

Evaluating Marriage: Does Marriage Matter To The Nurturing Of Children?, Robin Fretwell Wilson

Faculty Scholarship

Three decades ago, it would have been inconceivable for people to discuss seriously the idea of withdrawing the legal and financial support society gives to marriage. In recent years, however, thinkers and policymakers have given more serious thought to the possibility of eliminating marriage as a category entitled to the State’s support. An important consideration in this debate is whether keeping or eliminating the State’s support of marriage matters to the well-being of children. A wealth of studies contemplating modern family forms now exists, many of which invariably stack newer family structures up against the more traditional nuclear family. Until …

Google's (Fair) Use Of Copyrighted Work, James Gibson

Law Faculty Publications

Letters to the Editor on Google's (Fair) Use of Copyrighted Work

Buggy Whips And Broadcast Flags: The Need For A New Politics Of Expression, Garrett Levin

Duke Law & Technology Review

In response to growing fears from the entertainment industry over online file-sharing of valuable content, the Federal Communications Commission ("FCC") enacted sweeping regulations over the production of electronic devices in the name of protecting digital television broadcasts. Although the FCC's "broadcast flag" regulation was struck down on jurisdictional grounds, Hollywood has not given up the push for strict control. If Hollywood successfully acquires broadcast flag protection there could be far-reaching implications for innovation and development of new digital technologies. While content providers have important reasons to protect copyrighted material, there is too much at stake to merely acquiesce to their …

Making Free Speech Affordable: A Discussion Of Legislation To Provide Public Funding To Candidates For The U.S. Congress, Jared S. Cram

ExpressO

This article discusses a recent attempt by the U.S. Congress to provide for public financing of campaigns for the House of Representatives. Although a good start, this legislation would not go far enough to ensure that every voice has an opportunity to be heard in federal elections. My article discusses the strengths and weaknesses of this legislation and also provides suggested amendments to make this bill more effective should it become law.

Making Free Speech Affordable provides an in-depth comparison of this proposed legislation with current law at the state level providing for public financing of campaigns. This discussion includes …

Vol. 29, No. 08 (October 24, 2005)

Indiana Law Annotated

No abstract provided.

Proposed Federal Definition Of "Internet Job Applicant" Suggests Need For Revised Human Resource Policies, Carson Strege-Flora

Washington Journal of Law, Technology & Arts

After several years of discussion, the Equal Employment Opportunity Commission, along with several other federal agencies, has proposed a new definition of “Internet job applicant” to help employers understand how to treat such applicants. The explosion over the past decade of Internet recruiting prompted the need for clarification of how employers must treat applicants for purposes of federal antidiscrimination law and recordkeeping requirements. The new guidelines suggest that employers engaged in Internet recruiting should review their hiring policies to ensure that their treatment of Internet job applicants complies with the proposed guidelines. This Article suggests that employers avoid violating federal …

The Fact Act Of 2003: Securing Personal Information In An Age Of Identity Theft, Terrance J. Keenan

Washington Journal of Law, Technology & Arts

The Fair and Accurate Credit Transactions Act of 2003 (“FACT Act”) makes incremental progress toward its goal of improving the protection of consumers and businesses in an age of increasingly sophisticated scams and cons. Congress enacted the FACT Act in order to further address the problems of identity theft, improve resolution of disputes over consumer credit information, enhance accuracy of consumer credit records, further regulate use of credit information, and broaden consumer access to credit information. The FACT Act imposes new business practices on companies that handle personal consumer information by requiring them to share with consumers information about data …

Liability Under The Americans With Disabilities Act For Private Web Site Operators, Evgenia Fkiaras

Washington Journal of Law, Technology & Arts

The Americans with Disabilities Act of 1990 (“ADA”) is silent on the specific question of whether privately owned websites fall within its provisions. There is a circuit split on the issue, although the only case directly on point makes mandatory website compliance the exception rather than the rule. Nevertheless, given the direction that the law will probably head and the relative ease of making websites accessible to the group most in need—those who require the use of assistive technologies—it behooves businesses to construct or alter their websites to accommodate these individuals.

Streamlined Sales And Use Tax Agreement: Is Your Business Ready For Compliance?, Anthony D. Milewski Jr.

Washington Journal of Law, Technology & Arts

As electronic commerce grows, states continue to lose tax revenue from vendors who fail to collect taxes on goods sold over the Internet. The problem has become so severe that 44 states and the District of Columbia are working on legislation, known as the Streamlined Sales and Use Tax Agreement, to simplify collection of taxes from Internet vendors. The Agreement simplifies rates and requires businesses to collect taxes when selling goods in remote locations. Businesses need to pay particular attention to this new Agreement for two reasons. First, it is likely to become law in nearly every state, and second, …

"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have To Ensure Clients Follow Court Orders In Litigation Matters, Mafé Rajul

Washington Journal of Law, Technology & Arts

Ensuring a client’s compliance with court orders and federal law is becoming a bigger responsibility for attorneys. This is because courts and Congress are starting to hold attorneys to higher standards with respect to their clients’ compliance with litigation duties and with federal law. This Article will address the duties Congress imposed on lawyers through the Sarbanes-Oxley Act with respect to up-the-ladder reporting and will parallel such standards with those set by the Southern District of New York court in Zubulake with respect to preserving electronic discovery in anticipation of litigation. Although the duties imposed by the Sarbanes-Oxley Act and …

Correspondence: To Dr. Edna Saffy From James L. “Skip” Rutherford Iii, Chairman Of The William J. Clinton Foundation, Edna Louise Saffy

Saffy Collection - All Textual Materials

A letter to Dr. Saffy offering a gold-plated keepsake for a donation of $35 or more as a remembrance of the first year anniversary of the William J. Clinton Presidential Center, October 24, 2005.

Symposium On Sentencing Rhetoric: Competing Narratives In The Post-Booker Era, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Still Mortgaging The American Dream: Predatory Lending, Preemption, And Federally-Supported Lenders, Julia P. Forrester

ExpressO

This article discusses the continuing problem of predatory lending abuses in the subprime home mortgage lending market and federal and state attempts to address the problem. Over the protests of consumer advocates, federal agencies have recently issued regulations preempting state predatory lending statutes as applied to national banks and thrifts. In addition, Congress is considering legislation that would preempt state predatory lending laws for all lenders. The article considers the preemption debate, particularly in the context of federally-supported lenders–banks, thrifts, and the government-sponsored enterprises (GSEs), Fannie Mae and Freddie Mac. Banks and thrifts receive support through the federal safety net, …

Examination Of The Constitutional Amendment On Marriage: Hearing Before The Subcomm. On The Constitution, Civil Rights, And Property Rights Of The S. Comm. On The Judiciary, 109th Cong., Oct. 20, 2005 (Statement Of Professor Louis Michael Seidman, Geo. U. L. Center), Louis Michael Seidman

Testimony Before Congress

No abstract provided.

Summary Of Wood V. Safeway, Inc., 121 Nev. Adv. Op. 73, Michael Shalmy

Nevada Supreme Court Summaries

A mentally handicapped female working for Safeway Stores, Inc. was sexually assaulted at work by an employee of a company that provided janitorial services for Safeway. The assaults occurred in a storage room and in the parking lot while she was gathering shopping carts. She filed a complaint against Safeway and the janitorial company, Action Cleaning, alleging five causes of action as a result of the sexual assault. The district court granted summary judgment in favor of Safeway, determining that Safeway was immune from suit because of coverage provided by the Nevada Industrial Insurance Act (the “NIIA”). The district court …

Summary Of Canfora V. Coast Hotels & Casinos, Inc., 121 Nev. Adv. Op. 76, Daria Snadowsky

Nevada Supreme Court Summaries

The Canforas appealed the district court’s order that they reimburse Coast Hotels in accordance with a subrogation clause and reimbursement agreement. The Canforas unsuccessfully argued that various contract and civil procedure principles precluded Coast Hotels from recovering its expenses

Summary Of Bennett V. Dist. Ct., 121 Nev. Adv. Op. 78, Collin Webster

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Blake V. State, 121 Nev. Adv. Op. 77, Anna Arroyo

Nevada Supreme Court Summaries

No abstract provided.

Fallout From Kelo: Ruling Spurs Legislative Proposals To Limit Takings, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

The 2005 Supreme Court decision in Kelo v. City of New London has galvanized much unwarranted controversy over governmental authority to condemn private property. A legislative reaction throughout the country has focused on limiting governmental condemnation authority in order to encourage economic development. This article discusses some of the specific pros and cons of reactionary legislation by both the federal and New York legislature.

Back To The Future: Regional Differences In New Mexico Water Rights, G. Emlen Hall

Faculty Scholarship

You could say that I am here this morning as an advance man of tomorrows detailed talks on the active water rights management regulations that were recently adopted by the Office of the State Engineer, because I am going to talk about those a little bit in a historical context. You could also say that I am here to warm you up to that topic, so that you are ready for tomorrow's detailed controversial discussion of those. My job as the warmer up may be simply to inform you about the acronym that people are using in my world to …

Vol. 56, No. 4, October 18, 2005, University Of Michigan Law School

Res Gestae

•Lost and Found: Mitch's to Return Next Year •Editorial: Reading Room Etiquette Not Just for Students •Hotel Rwanda Subject Rusesabagina Awarded Wallenberg Medal, Gives Lecture •Professor Weiler on EU Constitution: It Should Have Been a Treaty •Court's 216th Session is One to Watch •Thirty Minutes with Professor Blumenthal •A Chicago-Based Alumnus Wakes Up •How My Undergrad Days Saved My Law School Soul •Bar Night Photos •Attractive Nuisance: Laura Fargas •Why I Still Believe in the Football Team at 3-3 •Faculty, Students Question Times' Story •The Scoop on the LSSS Halloween Party •A Judge for All Cases, Places, and Faces •Take …

When The Public Does Not Have A Right To Know: How The California Public Records Act Is Deterring Bioscience Research And Development, Nader Mousavi, Matthew J. Kleiman

Duke Law & Technology Review

Many bioscience firms collaborate with public research universities to conduct innovative research through sponsored research agreements. Companies sponsoring this research usually require strict confidentiality from their academic partners in order to protect sensitive information that, if revealed, could put them at a competitive disadvantage and threaten their ability to obtain future patents. Yet, ambiguous disclosure requirements in the California Public Records Act preclude California's public research universities from guaranteeing that proprietary information provided in connection with sponsored research agreements will remain confidential. Entering into such agreements with public universities in California is therefore a risky proposition for the sponsors. This …

Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver

ExpressO

This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools to new competition from foreign …

Forging A Multilayered System Of Global Governance, Charlotte Ku

Faculty Scholarship

The world in which we find ourselves today is no longer governable entirely by resort to the classical system of international law. Even more seriously, it would seem that the purposes and principles of the United Nations Charter are no longer being served sufficiently in light of new concerns. The text adopted in 1945 does not convey the image of a world tormented by terrorists. Nor does it reflect the most pressing commitments of our time: to democratic governance, to environmental responsibility, and to a freer and more equitable system of world trade. Increasingly, the international law community acknowledges the …

The Role Of The Federal Government In Response To Catastrophic Health Emergencies: Lessons Learned From Hurricane Katrina, Michael Greenberger

Faculty Scholarship

In much of the recent thought devoted to the role of states in responding to catastrophic public health emergencies, as most clearly evidenced by the commentary surrounding the Centers for Disease Control and Prevention- sponsored Model State Emergency Health Powers Act (Model Act), there is a focus on state governments being viewed as the exclusive controlling governmental agent supervising the governmental response. Much of that thinking is premised on a view of limitations placed on Congress’ power to act in public health emergencies emanating from Commerce Clause restrictions in the Supreme Court decisions of U.S. v. Lopez, 514 U.S. 549 …

Re Aliant Telecom Inc And Ac & Twu (Macdonald), Innis Christie

Innis Christie Collection

Union Grievance 04-01, dated July 21, 2004, on behalf of the Grievor, Robert MacDonald, alleging that the Employer discharged the Grievor in violation of Article 2.1 of the Collective Agreement between the parties effective January 1, 1999 — January 1, 2002, which the parties agree is the Collective Agreement applicable here. At the outset of the hearing in this matter the parties agreed that I am properly seized of it, that I should remain seized after the issue of this award to deal with any matters arising from its application and that all time limits, either pre-or post-hearing, are waived. …