Law Commons^™

Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter

William & Mary Bill of Rights Journal

No abstract provided.

The Application Of The Religious Freedom Restoration Act To Appearance Regulations That Presumptively Prohibit Observant Sikh Lawyers From Joining The U.S. Army Judge Advocate General Corps, Rajdeep Singh Jolly

W&M Law Student Publications

Observant Sikh lawyers are presumptively prohibited from joining the U.S. Army Judge Advocate General (JAG) Corps because they cannot satisfy the Army's appearance regulations. This essay argues that this presumptive prohibition violates the Religious Freedom Restoration Act (RFRA). Under RFRA, the federal government may substantially burden an individual's exercise of religion only if it demonstrates that its application of the burden furthers a compelling governmental interest by the least restrictive means.' The Army's appearance regulations are designed to promote two interests-uniformity and safety. In the course of furthering these interests, the Army's appearance regulations effectively preclude observant Sikhs from joining …

Grade Distribution - Fall Semester 2007, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Point Allocation History For Fall Semester 2007, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2007-2008, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.

Dialogue Magazine, Fall 2007

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

Thin But Not Anorexic: Copyright Protection For Compilations And Other Fact Works, David E. Shipley

Scholarly Works

Questions about the copyrightability of compilations and other low authorship fact works, and about the scope of protection, have continued to trouble courts long after the Supreme Court's landmark decision in Feist Publications, Inc. v. Rural Telephone Services Co. in 1991. Justice O'Connor's opinion, explaining why a standard white pages telephone directory did not meet the constitutional and statutory requirements for copyright protection, defined an original work of authorship as one that is independently created by its author and that evidences at least a minimal level of creativity. The latter requirement has been elusive, in part because Justice O'Connor defined …

Blood And Turnips In School Funding Litigation, John Dayton, Anne Proffitt Dupre

Scholarly Works

There are always winners and losers in school funding reforms, which often leads to protracted litigation in these cases. School funding reforms directly affect tax burdens, the distribution of resources, and the allocation of educational opportunities. Competition over limited resources is inevitable. Although win-win scenarios are ideal, they are not likely in school funding disputes. Limited resources generally make school funding reforms a zero-sum game, with significant systemic changes redefining who wins and loses under the new system.

After the initial exuberance that occurs with a court victory, reform advocates must still face the challenge of translating their court victory …

The First Amendment As/And Harassment, Timothy Zick

Popular Media

No abstract provided.

Rwu School Of Law Enewsletter, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Iraqi Resettlement: Why Congress Won't Act, Daniel J. Whelan

Human Rights & Human Welfare

After making an excellent case for the plight of Iraqi asylum seekers who have served as valuable allies to the United States in Iraq, Joseph Huff-Hannon’s article suggests that Congress should play a stronger role in developing a resettlement policy to allow Iraqis, who have been on “our side,” to come to the U.S. Given the current political climate on Iraq—and with Congressional Democrats desperate to score some kind of victory in its battle with the Bush White House—what exactly is holding them back?

Will Refuge Continue To Be Elusive, Katherine Gockel

Human Rights & Human Welfare

According to U.N. estimates, if current trends continue, the number of Iraqi asylum seekers by year-end could reach between 40,000 to 50,000. The influx of Iraqis into states such as Syria and Jordan also threatens to be a destabilizing force in those countries. Therefore, it is unreasonable to expect these states to individually cope with migration flows of this magnitude.

Fleeing From Violence Versus Fleeing From Poverty, Michael Goodhart

Human Rights & Human Welfare

Nour al Khal worked as a translator for New York Times reporter Steven Vincent, who was murdered by Shiite militants in Iraq. Vincent’s widow has been trying to help al Khal (who was kidnapped and shot by the same group who killed Vincent) win asylum in the United States. So far political and bureaucratic obstacles have proven insurmountable.

Iraqi Resettlement: Why Congress Will Act, David A. Weinberg

Human Rights & Human Welfare

I would like to commend Human Rights & Human Welfare for their recent roundtable on the Iraqi refugee crisis. The Roundtable rightly draws attention to the United States government’s woefully inadequate efforts thus far to address a major humanitarian crisis of its own making.

However, I do not agree with Professor Daniel Whelan’s assessment of “why Congress won’t act” on Iraqi resettlement. Dr. Whelan argues that the new Congress appears reluctant to resettle a reasonable number of Iraqi refugees in danger because Democrats fear that doing so would precipitate Iraqi state failure by means of “brain drain.” Instead, I would …

Would Iraqi Refugees Please Disappear, Richard A. Falk

Human Rights & Human Welfare

I am grateful to Joseph Huff-Hannon for drawing our attention vividly and movingly to the plight of Iraqi refugees, its magnitude and cruelty. There are more than two million Iraqi refugees, with an estimated 50,000 per month added to the total. Many are languishing in terrible conditions in such neighboring countries as Syria and Jordan. These states, neither of which are notable as places of refuge, lack the capabilities for humane treatment even if their governments were altruistically inclined. Many Iraqis cannot even find such refuge, and remain hapless nomads in search of a sanctuary country. The U.S. refusal to …

October Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“No Refuge Here: Iraqis Flee, but Where?” by Joseph Huff-Hannon. Dissent. Summer 2007.

Eric K. Leonard On Atrocity, Punishment, And International Law By Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 Pp., Eric K. Leonard

Human Rights & Human Welfare

A review of:

Atrocity, Punishment, and International Law by Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 pp.

Litigating Presidential Signing Statements, Michele E. Gilman

All Faculty Scholarship

In response to President George W. Bush's aggressive use of presidential signing statements, several members of Congress as well as a prominent Taskforce of the American Bar Association have proposed legislation to provide for judicial review of signing statements. These critics assert that the President must veto legislation with which he disagrees, rather than use signing statements to refuse to enforce statutes that he signs into law. This article explores whether Congress can litigate presidential signing statements, concluding that they are not justiciable even if Congress enacts a law granting itself standing to raise such a challenge. Congress might be …

The Iraq Debacle: The Rise And Fall Of Procurement-Aided Unilateralism As A Paradigm Of Foreign War, Charles Tiefer

All Faculty Scholarship

Four years of American mishandling of procurement of military support and reconstruction in Iraq insurgency has produced countless examples of waste and abuse. This can be attributed to three factors. First, the United State's diminished use of competitive contracting minimized scrutiny of the contractor's performance. Second, the Government's unilateralist approach to reconstruction overburdened the administration with the political and financial costs of "nation-building." Third, the United States' failure to account for Iraqi funds eliminated checks on misguided procurement and other spending. In this article, the author discusses the intersection of acquisition reform in the context of the United States' unilateral …

The Waterloo For The So-Called Church Autonomy Theory: Widespread Clergy Abuse And Institutional Cover-Up, Marci A. Hamilton

Cardozo Law Review

No abstract provided.

Volume 32, No. 2

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editor in Chief: James Lea

Layout Editor: Mavis Mak

Editors: Jenn Morrison, Cindy Locke, Jessica Hogeveen

From Seriatim To Consensus And Back Again: A Theory Of Dissent, M. Todd Henderson

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Natasha Bakht, Kim Brooks, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra Parkes

Osgoode Hall Law Journal

In response to anecdotal concerns that student enrollment in "outsider" courses, and in particular feminist courses, is on the decline in Canadian law schools, the authors explore patterns of course enrollment at seven Canadian law schools. Articulating a definition of "outsider" that describes those who are members of groups historically lacking power in society, or traditionally outside the realms of fashioning, teaching, and adjudicating the law, the authors document the results of quantitative and qualitative surveys conducted at their respective schools to argue that outsider pedagogy remains a critical component of legal education. The article situates the numerical survey results …

Somewhere To Run, Somewhere To Hide?: International Regulation Of Human Subject Experimentation, Adam H. Laughton

Duke Journal of Comparative & International Law

No abstract provided.

Financial Regulation In A Global Market Place: Report Of The Duke Global Capital Markets Roundtable, James D. Cox, Edward F. Greene

Duke Journal of Comparative & International Law

No abstract provided.

The World Trade Organization And Regional Trade Agreements: Bridging The Constitutional Credibility Gap, Youri Devuyst, Asja Serdarevic

Duke Journal of Comparative & International Law

No abstract provided.

Doctrinal Development In United States Arbitration: A Metamorphosis Of Paradigms Beyond Gregor Samsa's Imagination, Pedro J. Martinez-Fraga

University of Miami International and Comparative Law Review

No abstract provided.

Gender Discrimination Fuels Sex Selective Abortion: The Impact Of The Indian Supreme Court On The Implementation And Enforcement Of The Pndt Act, Kristi Lemoine, John Tanagho

University of Miami International and Comparative Law Review

No abstract provided.

Fighting Baseball Doping In Latin America: A Critical Analysis Of Major League Baseball's Drug Prevention And Treatment Program In The Dominican Republic And Venezuela, Arturo J. Marcano Guevara, David P. Fidler

University of Miami International and Comparative Law Review

No abstract provided.

Exchange Consolidation And Models Of International Securities Regulation, Bo Harvey

Duke Journal of Comparative & International Law

No abstract provided.