Law Commons^™

Putting Humpty Dumpty Back Together: Experimental Evidence Of Anticommons Tragedies, Ben Depoorter, Sven Vanneste

Faculty Scholarship

No abstract provided.

Caution, Cooperative Agreements, And The Actual State Of Things: A Reply To Professor Fletcher, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

This short article argues that tribal governments considering entering into cooperative agreements with federal, state, or local governments ought to maintain a healthy skepticism regarding the non-tribal governments sitting across from them at the negotiating table and the appropriateness of entering into cooperative agreements.

The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang

Scholarly Articles in Law Reviews & Journals

In recent years, the issue of human trafficking - the recruitment or movement of persons by means of coercion or deception into exploitative labor or slavery-like practices - has moved from the margins to the mainstream political agenda. The rapid proliferation of international, regional and domestic anti-trafficking laws bespeaks universal condemnation of the practice, but belies deep divisions among States over how to define and approach the problem. It is thus significant that the international community was able to reach consensus and conclude a new international law on trafficking - the Palermo Protocol. But just weeks before the signing of …

Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang

Scholarly Articles in Law Reviews & Journals

Current legal responses to the problem of human trafficking often reflect a deep reluctance to address the socio-economic root causes of the problem. Because they approach trafficking as an act (or series of acts) of violence, most responses focus predominantly on prosecuting traffickers, and to a lesser extent, protecting trafficked persons. While such approaches might account for the consequences of trafficking, they tend to overlook the broader socioeconomic reality that drives trafficking in human beings. Against this backdrop, this article seeks to reframe trafficking as a migratory response to current globalizing socioeconomic trends. It argues that, to be effective, counter-trafficking …

Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru

Scholarly Articles in Law Reviews & Journals

Professional sports organizations' relationships with their players are, like other employer-employee relationships, subject to scrutiny under the antidiscrimination mandates embedded in Title VII of the Civil Rights Act of 1964. Professional sports organizations are, however, unique among employers in many respects. Most notably, unlike other employers, professional sports organizations attract avid supporters who identify deeply with the teams and their players. To the extent an organization racially discriminates, therefore, such discrimination creates the risk that fans will identify with the homogenous or racially disproportionate roster that results. The consequences of such race-based team identification are wide-reaching and potentially tragic. Through …

Evolving Evidentiary Needs: A Neglected Responsibility, Paul Rice

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Patient, The Doctor, The Fetus, And The Court-Compelled Cesarean: Why Courts Should Address The Question Through A Bioethical Lens, Thomas Williams

Scholarly Articles in Law Reviews & Journals

Court-ordered Cesarean sections are a relatively recent phenomenon in the intersection of law and medicine. Existing jurisprudence utilizes a legal balancing test when addressing conflicts that arise between physicians and patients regarding obstetrical treatment and care. The authors contend that courts' analyses lack a fundamental element - a bioethical framework. Therefore, the authors believe that in order to better assess such conflicts, courts should incorporate a bioethical framework such as the Georgetown mantra to help complement their legal analyses.

A Tribute To Professor Charles J. Ogletree, Jr., Roger Fairfax

Scholarly Articles in Law Reviews & Journals

I recall vividly how, as a junior at Harvard College, I landed a coveted position on Professor Ogletree's office hours list. My ostensible purpose for taking an office hours slot away from a deserving law school student was to discuss the college seminar paper I was writing on the District of Columbia statehood movement. Although I did leave that meeting with several fruitful research leads, I was much more satisfied with achieving my true aim-to meet in person this man about whom I had heard so many wonderful things. The professor did not disappoint. As I sat in his office-the …

Legislating Racial Fairness In Criminal Justice, Olatunde C.A. Johnson

Faculty Scholarship

Twenty years ago, in McCleskey v. Kemp, the Supreme Court rejected a capital defendant's claim that statistical evidence of racial discrimination in the administration of Georgia's death penalty system constituted a violation of the Eighth and Fourteenth Amendments. Yet, even as McCleskey effectively bars constitutional challenges to racial disparities in the criminal justice system where invidious bias is difficult to establish, the Court invites advocates to pursue legislation as a remedy to racial disparities. Indeed, the McCleskey Court offers as a rationale for its ruling the judiciary's institutional incompetence to remedy these disparities, holding that "McCleskey's arguments are best …

The Rose Theorem?, Michael Heller

Faculty Scholarship

Law resists theorems. We have hypotheses, typologies, heuristics, and conundrums. But, until now, only one plausible theorem – and that we borrowed from economics. Could there be a second, the Rose Theorem?

Any theorem must generalize, be falsifiable, and have predictive power. Law's theorems, however, seem to require three additional qualities: they emerge from tales of ordinary stuff; are named for, not by, their creators; and have no single authoritative form. For example, Ronald Coase wrote of ranchers and farmers. He has always shied away from the Theorem project. When later scholars formalized his parable, they created multiple and inconsistent …

When Human Rights Are Swept Away, Stephen Wermiel, Jerome Reide

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Religious Liberty And The Law, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Against The Tide - Katrina Exposes Racial Divide, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Competition Policy As A Political Bartain, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

Competition policy in the U.S. may be understood as a self-enforcing political bargain emerging from a repeated political interaction between two large and diffuse interest groups, consumers and producers. Absent such a bargain, regulatory policy would fluctuate between pro-producer policies that tolerate the exercise of market power and pro-consumer policies that systematically redistribute surplus from producers to consumers. This perspective is consistent with the broad contours of the historical U.S. experience with antitrust, particularly with the continuity in antitrust enforcement and decline in the political salience of competition policy since the 1940s. The adoption of Chicago school views during the …

Acknowledging Informal Power Dynamics In The Workplace: A Proposal For Further Development Of The Vicarious Liability Doctrine In Hostile Environment Sexual Harassment Cases, Susan Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Why Care About The History Of Women In The Legal Profession, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Transforming Into An International Lawyer, Susan Franck

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Borrowing Help - Using Conflicts Of Law To Aid Clients And Lawyers, Susan Franck

Scholarly Articles in Law Reviews & Journals

A colleague from another law firm calls you on the phone. He has a client with a clear-cut personal injury case, but, as a result of his failure to mark the critical date down in his calendar, the statute of limitations has expired. It is a lawyer's worst nightmare. What can be done to salvage the case and still provide an opportunity to help the injured client?

Rex Travis, an attorney in Oklahoma City, OK, received a phone call somewhat like this, hypothetically. Rex had an ace up his sleeve. He knew something that might remedy the damage and provide …

Legal Approaches And The Contributions Of Case Law, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Responsibility To Protect: From Document To Doctrine - But What Of Implementation, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This paper is a response to Jack L. Goldsmith and Eric A. Posner, 'The Limits of International Law' (Oxford 2005), part of a symposium on the book held at the University of Georgia Law School in October 2005. The review views 'The Limits of International Law' sympathetically, and focuses on the intersection between traditional and new methodologies of international law scholarship, on the one hand, and the substantive political commitments that differing international law scholars hold, on the other. The paper notes that some in the symposium claim that the problem with 'The Limits of International Law' is that it …

Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson

Scholarly Articles in Law Reviews & Journals

INTRODUCTION Strictly speaking, the cultural defense is really no defense at all. Instead, it is the moniker attached by defense attorneys to their advocacy which seeks to personalize the accused in one of two ways: First by injecting a reasonable doubt into the mens rea intent requirement - this would result in acquittal, or second, by contextualizing an affirmative defense, like provocation, by the provision of cultural information about the accused - this would result in mitigated sentencing. Central to defense attorneys' uses of the cultural defense is the criminal defendant's perceived "foreignness." This much has been recognized by scholars …

Symposium: Introduction And Dedication, Brian E. Gray

Faculty Scholarship

No abstract provided.

Homophobic Hate Propaganda In Canada, Ellen Faulkner

Journal of Hate Studies

While the typical hate crime is perceived to be of a violent nature perpetrated by individuals connected to Nazi and neo-Nazi groups and white supremacists, a more insidious form of hatred exists in the form of hate propaganda (Kinsella 1994; Martin 1995; Sher 1983; Sunahara 1981; Abella and Trooper 1982; Barrett 1987; Betcherman 1975; Bolaria and Li 1985; Frideres 1976). In Canada “hate messages take a variety of forms including flaming crosses, heckling at memorial services, music, and desecration of synagogues, mosques, or temples” (Commission for Racial Equality 1999, quoted in Kazarian 1998, 204). “In the winter of 1992, alone …

Genocide On The Airwaves: An Analysis Of The International Law Concerning Radio Jamming, Meghna Rajadhyaksha

Journal of Hate Studies

Using the Rwandan genocide as an example, this article makes a case for allowing the jamming of radios that are broadcasting hate speech in situations in which such hate speech would incite genocide. To this end, it discusses the law relating to freedom of speech and communication in international law and its relative position when applied to genocide. Further, it analyzes the traditional notions of state sovereignty to make a case for humanitarian intervention by radio jamming. Finally, it recommends the establishment of a body under the aegis of the UN with the mandate and equipment to jam incendiary broadcasts …

Shining The Spotlight On Injustice: An Interview With Morris Dees, Joanie Eppinga

Journal of Hate Studies

Morris Dees, a well-known human rights crusader and lawyer who has brought successful suits against the Ku Klux Klan, the White Aryan Resistance, and the Aryan Nations, among others, is a founder of the Southern Poverty Law Center. The Center has a commitment to racial equality, which it enacts through legal action, tolerance education programs, and the monitoring of hate groups. Dees spoke with our editor on November 14, 2006.

Obsesssion: Radical Islam’S War Against The West And Shi’Ism: Waiting For The Hidden Imam, Steven K. Baum

Journal of Hate Studies

Unique footage from Arab television documents interviews with clerics. It also reveals children being taught to hate Jews, Americans, and British citizens. The film draws legitimate parallels between Nazism and the fundamentalist version of Islam, and demonstrates the naivet´e of democratic nations confronted by both ideologies.