Law Commons^™

Emerging International Regime Of Financial Servicesregulation, Michael P. Malloy

McGeorge School of Law Scholarly Articles

No abstract provided.

Changing Minds: Proselytism, Freedom, And The First Amendment, Richard W. Garnett

Journal Articles

Proselytism is, as Paul Griffiths has observed, a topic enjoying renewed attention in recent years. What's more, the practice, aims, and effects of proselytism are increasingly framed not merely in terms of piety and zeal; they are seen as matters of geopolitical, cultural, and national-security significance as well. Indeed, it is fair to say that one of today's more pressing challenges is the conceptual and practical tangle of religious liberty, free expression, cultural integrity, and political stability. This essay is an effort to unravel that tangle by drawing on the religious-freedom-related work and teaching of the late Pope John Paul …

Sacrifice, The Common Good, And The Catholic Lawyer, John J. Coughlin

Journal Articles

For some two decades since I entered law school, the connection between the philosophy of the human person and law has been of comparative interest to me. My interest was stimulated in no small part by the late Pope John Paul II, who urged that canon law reflect the essential elements of what it means to be human. Comparative legal study of the canon law of the Catholic Church with the law of the liberal state has convinced me of the importance of the understanding of the human person that underpins the law. Canon law and the Catholic intellectual tradition …

Statutory Stare Decisis In The Courts Of Appeals, Amy Coney Barrett

Journal Articles

The Supreme Court has long given its cases interpreting statutes special protection from overruling. Two rationales exist for this practice. One line of thought interprets congressional silence following the Supreme Court's interpretation of a statute as approval of that interpretation. According to this way of thinking, a refusal to overrule statutory precedent is a refusal to veer from an interpretation that Congress has effectively approved. Another line of thought emphasizes that statutory interpretation inevitably involves policymaking, and that policymaking is an aspect of legislative, rather than judicial, power. According to this second way of thinking, the Supreme Court should refuse …

Bush V. Holmes: School Vouchers, Religious Freedom, And State Constitutions, Richard W. Garnett, Christopher S. Pearsall

Journal Articles

In Zelman v. Simmons-Harris, the Supreme Court of the US ruled that the First Amendment’s Religion Clause, i.e. ‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof’, permits publicly funded school-voucher experiments that include private and religious schools. In other words, the Court made it clear—albeit by a narrow 5-4 margin—that governments do not unconstitutionally ‘establish[]’ religion merely by permitting eligible students to use publicly funded scholarships to attend qualifying religious schools, so long as the students’ parents are able to make a ‘true private choice’ for the school their children attend.

However, …

A Tribute To Frederic L. Kirgis, Thomas L. Shaffer

Journal Articles

Now, hearing of Rick's retirement, I find it hard to imagine Sydney Lewis Hall without him standing guard over the Law Center, or in the dean's office, or from some other nearby vantage point. If Washington and Lee is lucky, Rick will continue to play a role in the welcoming committee, making a welcoming place even warmer. Knowing Rick's commitment to the law school there, I have no doubt he would embrace the role.

While those of us that consider Rick a friend and colleague greet news of his retirement with a reluctant happiness, there is one group that cannot …

Coverage Of Reproductive Technologies Under Employer-Sponsored Health Care Plans, Elizabeth Pendo

Articles

The federal courts have issued two important decisions regarding non-discriminatory insurance coverage of conditions and treatments associated with sex, disability or both, such as prescription contraception and infertility treatment. Cases like Erickson and Saks are important because, as ERISA scholars know, state law mandates regarding coverage are unlikely to lead to uniform results due to the structure of ERISA's preemption provisions, and none of the federal proposals addressing infertility treatment or prescription contraception have been enacted to date.

What I would like to do is outline the impact of ERISA in this area, and offer some thoughts on one of …

Telling Stories About Health Insurance: Using New Films In The Classroom, Elizabeth Pendo

Articles

In keeping with the theme of "The Mass Media's Influence on Health Law and Policy," this essay is designed to share my experience using clips from three recent popular films as a method of enhancing coverage and discussion of legal and policy issues surrounding the private health insurance system, and to provide some practical advice for others interested in doing the same. It builds upon a presentation that I gave along with Professors Timothy S. Hall and Ross D. Silverman at the 2004 Health Law Teachers Conference entitled "Health Law, Policy and Media," and was inspired by Professor Paul Bergman's …

Textual Harassment: A New Historicist Reappraisal Of The Parol Evendence Rule With Gender In Mind, Hila Keren

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Race And Class In Political Science, Jennifer Hochschild

Michigan Journal of Race and Law

As a discipline, political science tends to have a split personality on the issue of whether the driving force behind political action is material or ideational. Put too crudely, White scholars tend to focus on structural conditions as the cause of group identity and action, whereas scholars of color tend to focus on group identity and conflict in order to explain structural conditions. More generally, the relevant debate within political science revolves less around Jacques Demrda versus Karl Marx (as in critical race studies) than around W. E. B. DuBois versus Thomas Hobbes-that is, whether "the problem of the twentieth …

Reparations Talk In College, Alfred L. Brophy

Michigan Journal of Race and Law

Review of Uncivil Wars: The Controversy Over Reparations for Slavery by David Horowitz

African American Intimacy: The Racial Gap In Marriage, R. Richard Banks, Su Jin Gatlin

Michigan Journal of Race and Law

This essay is divided into three parts. Part I documents the extent of the racial gap in marriage. Part II uses the marriage patterns of affluent Black men in particular to speculate about how the relationships of Black men and women might be influenced by the relative numbers of men and women and the men's socioeconomic characteristics in ways that depress marriage rates. Part III connects the low rate of marriage among African Americans to the differing interracial marriage rates of Black men and women.

Essay: A Search For Reason In Fairy Tales, John F. Hernandez

Faculty Articles

A fairy tale: Once upon at time (not so very long ago), in a land (not so far away) lived a beautiful queen (well, actually a "runner up ") with a golden voice. The beautiful queen reined over her people and sang of sunshine. Some of the queen's subjects had felt that they were not treated fairly by the laws of the land and sought to have their unfair treatment prohibited. Apparently, this caused the queen to develop a fear and hatred for these subjects. These subjects had done nothing to the queen. Yet, the queen made it her mission …

Symposium: Rethinking The Masculine Character Of The Legal Profession: A Case Study Of Female Legal Professionals And Their Gendered Life In Taiwan, Shu-Chin Grace Kuo

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Once A Mortgage, Always A Mortgage - The Use (And Misuse) Of Mezzanine Loans And Preferred Equity Investments, Andrew R. Berman

Articles & Chapters

The mortgage remains one of the most common and successful techniques to finance real estate transactions. In the last 25 years, mortgage loans have also been sold in the secondary market and included in mortgage-backed securitizations. The amazing growth of mortgage securitizations has also led to the development of novel financing techniques, including mezzanine financing and preferred equity investments.

This article discusses the historical development of real estate financing from the early beginning of mortgage law and the equity of redemption through the modern advent of mortgage-backed securitizations (MBS) and other non-traditional financings. It argues that the phenomenal success of …

The Fcc’S New Indecency Enforcement Policy And Its European Counterparts: A Cautionary Tale, Michael Botein, Dariusz Adamski

Articles & Chapters

No abstract provided.

Great Case For Clinical Courses, Brandt Goldstein

Articles & Chapters

No abstract provided.

To Charge Or Not To Charge?-That Is The Question: The Pursuit Of Strategic Advantage In Prosecutional Decision-Making Surrounding Hate Crime, Beverly Mcphail, Valerie Jenness

Journal of Hate Studies

We asked prosecutors how they think about hate crimes and which factors do and do not influence their decision-making processes when deciding whether to charge a hate crime (add a hate crime enhancement). Our empirical findings along these line provide the first glimpse of the dynamics that underlie the prosecution of hate crime.

White Nationalism Revisited: Demographic Dystopia And White Identity Politics, Steven L. Gardiner

Journal of Hate Studies

Two stimuli, both dating to 2002, drove me to write this paper. The first (and by far the more visceral) was my attendance at the biannual conference of American Renaissance (AR)- the flagship publication of the sector of the American far right considered herein. The conference was held in Washington, D.C. suburb of Herndon, Virginia, and it reflected this demographic. It was attended by some 250 mostly well-dressed, mostly middle-aged white men-along with a smattering of women-a number of whom held advanced degrees of one flavor or another. There is nothing too surprising in this: the ignorant redneck stereotype of …

Poetry: I Am A Jew, Michael Gurian

Journal of Hate Studies

Poem by Michael Gurian.

Sentencing: Learning From, And Worrying About, The States, Gerard E. Lynch

Faculty Scholarship

The Columbia Law Review's Symposium on sentencing, which took place less than two weeks after the Supreme Court's dramatic semi-invalidation of the federal sentencing guidelines, was certainly timely. Nevertheless, it is critical to understanding the Symposium's purposes to realize that it was not planned in response to United States v. Booker, or even to Blakely v. Washington. The Symposium was conceived before either case was decided, as a very conscious attempt to steer the discussion of sentencing away from Congress and the federal guidelines and toward states' experiences. The vast majority of criminals are sentenced in state …

The Nonprofit Implications Of For-Profit Community Development, Erik B. Bluemel

University of Florida Journal of Law & Public Policy

No abstract provided.

What's At Stake In Pharmaceutical Reimportation: The Costs In Terms Of Life Years, Lives, And Dollars, Joseph H. Golec, John A. Vernon

University of Florida Journal of Law & Public Policy

No abstract provided.

Terrorists And Tennis Courts: How Legal Interpretations Of The Freedom Of Information Act And New Laws Enacted To Prevent Terrorist Attacks Will Share The Public's Ability To Access Critical Infrastructure Information, Cara Muroff

University of Florida Journal of Law & Public Policy

No abstract provided.

Separation Of Powers: The Judiciary's Limited Role In Reviewing The President's Detention Of Enemy Combatants, Carolyn M. Zegeer

University of Florida Journal of Law & Public Policy

No abstract provided.

Before Brown, After Brown: What Has Changed For African-American Children?, Vivian Gunn Morris, Curtis L. Morris

University of Florida Journal of Law & Public Policy

No abstract provided.

Brown At 50: School Desegregation From Reconstruction To Resegregation, Leland Ware

University of Florida Journal of Law & Public Policy

No abstract provided.

The Picture Of Equality, Alfred Dennis Mathewson

University of Florida Journal of Law & Public Policy

No abstract provided.

Fighting For Children's Rights: Lessons From The Civil Rights Movement, Lewis Pitts

University of Florida Journal of Law & Public Policy

No abstract provided.

Inconsistent Levels Of Generality In The Characterization Of Unenumerated Fundamental Rights, John F. Basiak Jr.

University of Florida Journal of Law & Public Policy

No abstract provided.