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2005

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Articles 8101 - 8130 of 10108

Full-Text Articles in Law

City And Citizen: Community-Making As Legal Theory And Social Struggle, Francisco Valdes Jan 2005

City And Citizen: Community-Making As Legal Theory And Social Struggle, Francisco Valdes

Cleveland State Law Review

The Eighth Annual LatCrit Conference met in Cleveland in May, 2003 to engage a timely and topical theme - City and Citizen: Operations of Power, Strategies of Resistance. Importantly, the theme explicitly drew critical attention not only to operations of power but also to strategies of resistance, and thereby implicitly invited LatCritical analysis of how the two converge in the messy and multifaceted processes of building communities on any human scale. To open and introduce this symposium, this Foreword similarly proceeds in two parts: the first Part, reviewing the four "clusters" of essays comprising the symposium, focuses mostly on "operations …

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Traveling The Boundaries Of Statelessness: Global Passports And Citizenship , Berta Hawk Esperanza Hernandez-Truyol, Matthew Matthew Jan 2005

Traveling The Boundaries Of Statelessness: Global Passports And Citizenship , Berta Hawk Esperanza Hernandez-Truyol, Matthew Matthew

Cleveland State Law Review

This essay proposes a model of a formal global citizenship that will prove both practically and theoretically feasible. The model flows from the concept of dual or multiple nationality and offers global citizenship only as an elective nationality. To appreciate the interplay between the proposed formal global citizenship and the citizenship tradition, our discussion will first review citizenship theories grounded in the nation-state. We then will turn to critiques of these traditionalist approaches which suggest that not all questions of citizenship can be dealt with in national terms. The conflict between these two approaches is clear in the case of …

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(E)Racing Youth: The Racialized Construction Of California's Proposition 21 And The Development Of Alternate Contestations, Nicholas Espiritu Jan 2005

(E)Racing Youth: The Racialized Construction Of California's Proposition 21 And The Development Of Alternate Contestations, Nicholas Espiritu

Cleveland State Law Review

Illustrating the way in which conceptions of race and crime shape and are shaped by law is California's Proposition 21. Enacted in 2000, Proposition 21, also known as the Gang Violence and Juvenile Crime Prevention Act," was the product of California's direct democratic process through which voters are able to change the California Constitution through a simple majority vote. Part II address the ideological foundations of direct democracy and examines critically its ability to serve a democratic function. I examine the founders' rationale behind the decision not to employ a representative form of government, and look at direct democracy in …

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Of Desi, J. Lo And Color Matters: Law, Critical Race Theory The Architecture Of Race, Imani Perry Jan 2005

Of Desi, J. Lo And Color Matters: Law, Critical Race Theory The Architecture Of Race, Imani Perry

Cleveland State Law Review

In this article I want to posit two ways in which a critique of the black white binary leads us to understandings of race and racism that are useful for the struggles of all peoples of color. The first is, the critique should lead us to advocate for an understanding of race as an architecture rather than categorical. The second argument is that when we focus upon race as an architecture it leads us away from a linear notion of racial hierarchy with white at the top and black at the bottom, and towards a sense that the distribution of …

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Law, Ethics, And Complexity: Complexity Theory & (And) The Normative Reconstruction Of Law, Julian Webb Jan 2005

Law, Ethics, And Complexity: Complexity Theory & (And) The Normative Reconstruction Of Law, Julian Webb

Cleveland State Law Review

My intention in this paper is a modest one, and a preliminary to more detailed analysis of the relevance of complexity theory to law. Accordingly, this paper presents an argument in three phases: it looks first at the nature of complexity and the philosophical grounds which, I suggest, inform a social theory of complexity; second, it ascribes characteristics which can be seen as constitutive of complexity, and applies those to the field of law, before looking (third) at how an acknowledgment of complexity can assist us in the process of normative reconstruction.

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Invention, Refinement And Patent Claim Scope: A New Perspective On The Doctrine Of Equivalents, Craig Allen Nard Jan 2005

Invention, Refinement And Patent Claim Scope: A New Perspective On The Doctrine Of Equivalents, Craig Allen Nard

Faculty Publications

The doctrine of equivalents (DOE) allows courts to expand the scope of patent rights granted by the Patent Office. The doctrine has been justified on fairness grounds, but it lacks a convincing economic justification. The standard economic justification holds that certain frictions block patent applicants from literally claiming appropriately broad rights, and thus, the DOE is available at trial to expand patent scope and overcome these frictions. The friction theory suffers from three main weaknesses. First, the theory is implausible on empirical grounds. Frictions such as limits of language, mistake, and unforeseeability are missing from the leading cases. Second, there …

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Telling A Constitutional Story: Examples Of Constitutional Dialogue, Lisa A. Kloppenberg Jan 2005

Telling A Constitutional Story: Examples Of Constitutional Dialogue, Lisa A. Kloppenberg

Saint Louis University Law Journal

No abstract provided.

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Brief Of Amicus Curiae The John Marshall Law School Fair Housing Legal Support Center In Support Of Reversal Of The Panel's Decision, Wisconsin Community Service, Inc. V. City Of Milwaukee, Docket No. 04-1966, 465 F.3d 737 (Seventh Circuit Court Of Appeals 2006), Michael P. Seng, F. Willis Caruso, J. Damian Ortiz, John Marshall Law School Fair Housing Legal Clinic Jan 2005

Brief Of Amicus Curiae The John Marshall Law School Fair Housing Legal Support Center In Support Of Reversal Of The Panel's Decision, Wisconsin Community Service, Inc. V. City Of Milwaukee, Docket No. 04-1966, 465 F.3d 737 (Seventh Circuit Court Of Appeals 2006), Michael P. Seng, F. Willis Caruso, J. Damian Ortiz, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.

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Introduction, Ruth Bader Ginsburg Jan 2005

Introduction, Ruth Bader Ginsburg

Hofstra Labor & Employment Law Journal

Justice Ginsburg introduces this special symposium edition of the Hofstra Labor & Employment Law Journal in commemoration of "The 40th Anniversary of Title VII of the Civil Rights Act of 1964."

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Price Waterhouse V. Hopkins: A Personal Account Of A Sexual Discrimination Plaintiff, Ann Hopkins Jan 2005

Price Waterhouse V. Hopkins: A Personal Account Of A Sexual Discrimination Plaintiff, Ann Hopkins

Hofstra Labor & Employment Law Journal

Former Supreme Court plaintiff Ann Hopkins ruminates on the circumstances that led to the Supreme Court's landmark decision in Price Waterhouse v. Hopkins. She writes about why the case succeeded, what happened after she returned to Price Waterhouse, and what changed for her after the litigation. A fascinating account, she ends her piece by offering advice to those who seek to combat workplace discrimination.

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Title Vii At Forty: A Brief Look At The Birth, Death, And Resurrection Of The Disparate Impact Theory Of Discrimination, Robert Belton Jan 2005

Title Vii At Forty: A Brief Look At The Birth, Death, And Resurrection Of The Disparate Impact Theory Of Discrimination, Robert Belton

Hofstra Labor & Employment Law Journal

Professor Belton discusses the story of the campaign that led to the Supreme Court's decision in Griggs v. Duke Power Co., a story in which he played a major role. His piece identifies the genesis of the disparate impact theory, discusses its subsequent dismantling, examines its revival in the Civil Rights Act of 1991, and comments upon its impact and future.

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Making Title Vii Law And Policy: The Supreme Court's Sexual Harassment Jursiprudence, Ronald Turner Jan 2005

Making Title Vii Law And Policy: The Supreme Court's Sexual Harassment Jursiprudence, Ronald Turner

Hofstra Labor & Employment Law Journal

Professor Turner's article focuses on judicial lawmaking and policy-making in an important area of antidiscrimination law - the statutory prohibition of workplace sexual harassment found in Title VII. The article highlights the ways in which the Supreme Court's interpretation and application of Title VII's ban on sex discrimination are contrary to, and fly in the face of the judges-should-make-no-law axiom.

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Affirmative Action In The Workplace: Forty Years Later, Richard N. Appel, Alison L. Gray, Nilufer Loy Jan 2005

Affirmative Action In The Workplace: Forty Years Later, Richard N. Appel, Alison L. Gray, Nilufer Loy

Hofstra Labor & Employment Law Journal

The authors, in order to sift through the increasingly muddy waters of affirmative action, provide an overview of the development of permissible preferential treatment based on race, national origin, or gender in the forty years since Title VII was enacted. The article discusses the state of the law for affirmative action plans adopted by government contractors as well as those that are judicially imposed. The focus of the piece is on the voluntary race, national origin and gender-conscious plans in the private sector. The authors conclude that although in the forty years since Title VII was enacted the validity of …

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The Argument For Making American Judicial Remedies Under Title Vii Available To Foreign Nationals Employed By U.S. Companies On Foreign Soil, Olivia P. Dirig, Mahra Sarafsky Jan 2005

The Argument For Making American Judicial Remedies Under Title Vii Available To Foreign Nationals Employed By U.S. Companies On Foreign Soil, Olivia P. Dirig, Mahra Sarafsky

Hofstra Labor & Employment Law Journal

No abstract provided.

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The Argument For A Hybrid Retaliation Law: A Comparative Law Study To Define Retaliation Under Title Vii By Comparing The United Kingdom, Including The European Union, Australia, And Canada, Dana K. Scalere, Corinne D. Sorisi Jan 2005

The Argument For A Hybrid Retaliation Law: A Comparative Law Study To Define Retaliation Under Title Vii By Comparing The United Kingdom, Including The European Union, Australia, And Canada, Dana K. Scalere, Corinne D. Sorisi

Hofstra Labor & Employment Law Journal

No abstract provided.

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The Labor Movement Needs A Twenty-First Century Committee For Industrial Organization, Charles B. Craver Jan 2005

The Labor Movement Needs A Twenty-First Century Committee For Industrial Organization, Charles B. Craver

Hofstra Labor & Employment Law Journal

Following the enactment of the NLRA in 1935, American Federation of Labor craft unions had difficulty organizing persons employed in manufacturing industries since most failed to fit within the jurisdictions of particular unions. The AFL formed the Committee for Industrial Organization to determine how best to organize these workers, and this Committee ultimately withdrew from the AFL and formed the Congress of Industrial Organizations. The CIO unions quickly organized the industrial workers in the steel, automobile, electrical manufacturing, and rubber industries. By the late 1950s, 35 percent of private sector employees were union members. As the United States economy began …

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The Historical Misconception Of Right To Work Laws In The The United States: Senator Robert Wagner, Legal Policy, And The Decline Of American Unions, Raymond L. Hogler Jan 2005

The Historical Misconception Of Right To Work Laws In The The United States: Senator Robert Wagner, Legal Policy, And The Decline Of American Unions, Raymond L. Hogler

Hofstra Labor & Employment Law Journal

No abstract provided.

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Employers Who Cry 'Rif' And The Courts That Believe Them, Daniel B. Kohrman, Mark Stewart Hayes Jan 2005

Employers Who Cry 'Rif' And The Courts That Believe Them, Daniel B. Kohrman, Mark Stewart Hayes

Hofstra Labor & Employment Law Journal

No abstract provided.

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Employment Discrimination And The First Amendment: Case Analysis Of Catholic Charities, Kristen Colletta, Darya Kapulina Jan 2005

Employment Discrimination And The First Amendment: Case Analysis Of Catholic Charities, Kristen Colletta, Darya Kapulina

Hofstra Labor & Employment Law Journal

No abstract provided.

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Whistler's Nocturne In Black And Gold-The Falling Rocket: Why The Sarbanes-Oxley Whistleblower Provision Falls Short Of The Mark, John B. Chiara, Michael D. Orenstein Jan 2005

Whistler's Nocturne In Black And Gold-The Falling Rocket: Why The Sarbanes-Oxley Whistleblower Provision Falls Short Of The Mark, John B. Chiara, Michael D. Orenstein

Hofstra Labor & Employment Law Journal

No abstract provided.

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Session Law 05-266, Florida Senate & House Of Representatives Jan 2005

Session Law 05-266, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

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The State Of Play, Beth Simone Noveck Jan 2005

The State Of Play, Beth Simone Noveck

NYLS Law Review

No abstract provided.

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Virtual Worldliness: What The Imaginary Asks Of The Real, Dr. Richard A. Bartle Jan 2005

Virtual Worldliness: What The Imaginary Asks Of The Real, Dr. Richard A. Bartle

NYLS Law Review

No abstract provided.

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How Online Games May Change The Law And Legally Significant Institutions, David R. Johnson Jan 2005

How Online Games May Change The Law And Legally Significant Institutions, David R. Johnson

NYLS Law Review

No abstract provided.

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Law And Liberty In Virtual Worlds, Jack M. Balkin Jan 2005

Law And Liberty In Virtual Worlds, Jack M. Balkin

NYLS Law Review

No abstract provided.

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Escaping The Gilded Cage: User Created Content And Building The Metaverse, Cory Ondrejka Jan 2005

Escaping The Gilded Cage: User Created Content And Building The Metaverse, Cory Ondrejka

NYLS Law Review

No abstract provided.

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Introduction, Richard A. Matasar, Cameron Stracher Jan 2005

Introduction, Richard A. Matasar, Cameron Stracher

NYLS Law Review

No abstract provided.

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Process Reengineering And Legal Education: An Essay On Daring To Think Differently, Karen Gross Jan 2005

Process Reengineering And Legal Education: An Essay On Daring To Think Differently, Karen Gross

NYLS Law Review

No abstract provided.

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The Rise And Fall Of American Legal Education, Richard A. Matasar Jan 2005

The Rise And Fall Of American Legal Education, Richard A. Matasar

NYLS Law Review

No abstract provided.

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Reflections On The Essential Role Of Legal Scholarship In Advancing Causes Of Citizen Groups, Nadine Strossen Jan 2005

Reflections On The Essential Role Of Legal Scholarship In Advancing Causes Of Citizen Groups, Nadine Strossen

NYLS Law Review

No abstract provided.

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