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Articles 1981 - 2010 of 10558
Full-Text Articles in Law
Citizenship And Location In A World Or Torture, Julie Mertus, Lisa Davis
Citizenship And Location In A World Or Torture, Julie Mertus, Lisa Davis
City University of New York Law Review
No abstract provided.
Dereliction Of Duty: When Members Of Congress Vote For Laws They Believe To Be Unconstitutional, Anant Raut, J. Benjamin Schrader
Dereliction Of Duty: When Members Of Congress Vote For Laws They Believe To Be Unconstitutional, Anant Raut, J. Benjamin Schrader
City University of New York Law Review
No abstract provided.
Privacy Versus Antidiscrimination, Lior Strahilevitz
Privacy Versus Antidiscrimination, Lior Strahilevitz
Public Law and Legal Theory Working Papers
This essay argues that there is often an essential conflict between information privacy protections and antidiscrimination principles. Where information privacy law or practical obscurity deprives an employer of pertinent information about a job applicant, the employer often will rely more heavily on distasteful statistical discrimination strategies. For example, the existing empirical evidence suggests that criminal background checks may benefit African American male job applicants as a whole, by permitting employers to sort among ex-cons and those lacking criminal records. In the absence of accurate criminal history information, employers concerned about keeping ex-offenders out of their workplace appear to hire too …
Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall
Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall
University of Michigan Journal of Law Reform
Addressing transnational pollution requires both international and domestic law. Transnational pollution is an international problem that demands and deserves the attention of international legal mechanisms such as treaties, agreements, arbitration, and international management and governance. At the same time, transnational pollution problems can often be addressed more effectively and efficiently through the domestic legal system. An ideal approach is to harmonize transnational pollution management and dispute resolution under international and domestic law. This Article seeks to provide pragmatic, feasible, and politically realistic solutions to transnational pollution by harmonizing international and domestic law. However, given the diversity in geography, domestic legal …
Walking The Beach To The Core Of Sovereignty: The Historic Basis For The Public Trust Doctrine Applied In Glass V. Goeckel, Robert Haskell Abrams
Walking The Beach To The Core Of Sovereignty: The Historic Basis For The Public Trust Doctrine Applied In Glass V. Goeckel, Robert Haskell Abrams
University of Michigan Journal of Law Reform
In 2004, a split panel of the Michigan Court of Appeals announced its conclusion that Michigan littoral owners of property owned to the water's very edge and could exclude members of the public from walking on the beach. In that instant almost 3300 miles of the Great Lakes foreshore became, in theory and in law, closed to public use. The case became the leading flash point of controversy between the vast public and ardent private property rights groups. A little more than one year later, the Michigan Supreme Court reversed that ruling as errant on public trust grounds and returned …
Transferring Water In The American West: 1987-2005, Jedidiah Brewer, Robert Glennon, Alan Ker, Gary Libecap
Transferring Water In The American West: 1987-2005, Jedidiah Brewer, Robert Glennon, Alan Ker, Gary Libecap
University of Michigan Journal of Law Reform
Rising urban and environmental demand for water has created growing pressure to re-allocate water from traditional agricultural uses. Water markets are powerful institutions for facilitating this re-allocation, yet the evolution of water markets has been more complicated than those for other resources. In this paper, we set the context for water marketing with an overview of western water law that highlights unique aspects of water law that affect how or whether a water market can develop. Second, we present new, comprehensive data on the extent, nature, and timing of water transfers across 12 western states from 1987-2005. We describe the …
International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna
International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna
University of Michigan Journal of Law Reform
The eight Governors of the Great Lakes States signed a proposed new compact for the Great Lakes and St. Lawrence basin on December 13, 2005, and they joined with the Premiers of Ontario and Québec in a parallel agreement on the same topic on the same day. Neither document is legally binding-the proposed new compact because it has not yet been ratified by any State nor consented to by Congress; the parallel agreement because it is not intended to be legally binding. Both documents are designed to preclude the export of water from the Great Lakes-St. Lawrence basin apart from …
The Public Trust In Surface Waterways And Submerged Lands Of The Great Lakes States, Bertram C. Frey, Andrew Mutz
The Public Trust In Surface Waterways And Submerged Lands Of The Great Lakes States, Bertram C. Frey, Andrew Mutz
University of Michigan Journal of Law Reform
The modern public trust doctrine compels each Great Lakes state to protect the sustainable future of the Lakes and to preserve traditional public uses. At the same time, the doctrine constrains the states' powers to allow exploitation of trust resources. This Article provides a brief historical overview of the public trust doctrine in waterways and their submerged lands. It next explores how the eight Great Lakes states have applied the doctrine, discusses the surprising number of differences in the doctrine's development from state to state, and provides comparison charts. After analyzing the variety of approaches used by the eight states …
International Crimes Within The White House, Jordan J. Paust
International Crimes Within The White House, Jordan J. Paust
City University of New York Law Review
No abstract provided.
The Guantanamo Effect And Some Troubling Implication Of Limiting Habeas Rights Domestically, Jonathan Hafetz
The Guantanamo Effect And Some Troubling Implication Of Limiting Habeas Rights Domestically, Jonathan Hafetz
City University of New York Law Review
No abstract provided.
Balancing Power In The U.S. Response To External Threats: Nsa Surveillance And Guantanamo Detention, Jameel Jaffer
Balancing Power In The U.S. Response To External Threats: Nsa Surveillance And Guantanamo Detention, Jameel Jaffer
City University of New York Law Review
No abstract provided.
Introduction, Muhammad Usman Faridi, Maxwell Leighton
Introduction, Muhammad Usman Faridi, Maxwell Leighton
City University of New York Law Review
On March 23, 2007, the law review held a day-long symposium entitled, “Guantanamo Bay: The Global Effects of Wrongful Detention, Torture, and Unchecked Executive Power.” The symposium centered on the legal issues surrounding the detention of individuals by the United States government in Guantanamo Bay, Cuba. Cosponsored by the Center for Constitutional Rights, the Center for International Human Rights at John Jay College of Criminal Justice, and the CUNY University Student Senate, the symposium featured a variety of prominent legal practitioners and scholars who addressed the many complicated and timely issues stemming from the seizure, detention, and abuse of “enemy …
Litigation And Delay At Guantanamo Bay, Marc D. Falkoff
Litigation And Delay At Guantanamo Bay, Marc D. Falkoff
City University of New York Law Review
No abstract provided.
The "War On Terror" Through British And International Humanitarian Law Eyes: Comparative Perspective On Selected Legal Issues, David Turns
City University of New York Law Review
No abstract provided.
Indignation: Psychology, Politics, Law, Cass R. Sunstein, Daniel Kahneman
Indignation: Psychology, Politics, Law, Cass R. Sunstein, Daniel Kahneman
Coase-Sandor Institute for Law & Economics Research Paper Series
Moral intuitions operate in much the same way as other intuitions do; what makes the moral domain is distinctive is its foundations in the emotions, beliefs, and response tendencies that define indignation. The intuitive system of cognition, System I, is typically responsible for indignation; the more reflective system, System II, may or may not provide an override. Moral dumbfounding and moral numbness are often a product of moral intuitions that people are unable to justify. An understanding of indignation helps to explain the operation of the many phenomena of interest to law and politics: the outrage heuristic, the centrality of …
Timing Rules And Legal Institutions, Eric A. Posner, Jacob Gersen
Timing Rules And Legal Institutions, Eric A. Posner, Jacob Gersen
Coase-Sandor Institute for Law & Economics Research Paper Series
Constitutional and legislative restrictions on the timing of legislation and regulation are ubiquitous but these "timing rules" have received little attention in the legal literature. Yet the timing of a law can be just as important as its content. The timing of a law determines whether its benefits are created sooner or later, and how the costs and benefits are spread across time, and hence to the advantage and disadvantage of different private groups, citizens, and elected officials. We argue that timing rules are, and should be, used to reduce agency problems within the legislature and between the legislature and …
A Reader’S Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir, Bernard E. Harcourt
A Reader’S Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir, Bernard E. Harcourt
Coase-Sandor Institute for Law & Economics Research Paper Series
From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review essays of Against Prediction by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist and critical race theory to the intricate details …
Constitutional Showdowns, Eric A. Posner, Adrian Vermeule
Constitutional Showdowns, Eric A. Posner, Adrian Vermeule
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Community Lawyering In The Juvenile Cellblock: Creative Uses Of Legal Problems Solving To Reconcile Competing Narratives On Prosecutorial Abuse, Juvenile Criminality, And Public Safety, David Dominguez
Journal of Dispute Resolution
The power imbalance in juvenile legal proceedings is so lopsided that children and families are routinely overpowered and intimidated by administratively convenient processes and outcomes. I fully understand (and at times envy) the zealous legal advocate who champions his young client's cause and "makes the system pay." But I have found over my years of Community Lawyering that zealous advocacy can become so critical of institutional error that it bums problem solving relationships and destroys the chance to negotiate for mutual gain and structural reform. Zealous advocacy can win at the detention hearing and force the juvenile justice system to …
Application Of Due Process To Arbitration Awards Of Punitive Damages - Where Is The State Action, The, Charles Smith
Application Of Due Process To Arbitration Awards Of Punitive Damages - Where Is The State Action, The, Charles Smith
Journal of Dispute Resolution
This article will analyze why the position of the courts-no state action-is correct. Specifically, this article will take the position that the policy of finality traditionally found in arbitration law must trump any constitutional inquiries. This is because arbitration is ultimately based on the parties' agreement, which inevitably recites that the arbitrator's decision shall be final and, in any event, this finality is generally implied.
Mediator As Cook: Mediation Metaphors At The Movies, The, Jennifer L. Schulz
Mediator As Cook: Mediation Metaphors At The Movies, The, Jennifer L. Schulz
Journal of Dispute Resolution
In this article I will explore the vitality of the metaphor of the mediator as cook by tracing it through other food and conflict resolution related films. In so doing, I hope to achieve two things: first, to continue to insist that non-adversarial processes like mediation be included in the study of Law & Film, and second, to show that the metaphor suggested for mediators based on one film, resonates in other films and suggests new insights about mediator style and practice. Through a Law & Film analysis of two films, Soul Food and Mostly Martha, I will argue that …
Returning To The Circle: The Reemergence Of Traditional Dispute Resolution In Native American Communities, Jessica Metoui
Returning To The Circle: The Reemergence Of Traditional Dispute Resolution In Native American Communities, Jessica Metoui
Journal of Dispute Resolution
An examination of Native American cultural definitions of justice illustrates the cultural relevance of traditional dispute resolution processes. Because these alternative processes focus largely on community inclusion and the importance of party healing after a crime, concepts central to Native American worldview, traditional dispute resolution is superior to the mainstream adversarial court system for handling many criminal matters in the Native American context. The successes of traditional dispute resolution processes in Native American communities are also evidence of the potential cross cultural applications of such processes within the mainstream criminal justice system
State Legislative Update, J. Matthew Belz, Caleb Lewis, Remington Smith, Peter Wilder
State Legislative Update, J. Matthew Belz, Caleb Lewis, Remington Smith, Peter Wilder
Journal of Dispute Resolution
Collaborative law is a relatively new dispute resolution method by which parties mutually agree to negotiate a settlement in good faith. Either party may terminate the collaborative process at will and present the matter to a court for a decision. Upon termination of the collaborative process, both attorneys must withdraw and cease all participation in the case. The continuing saturation of court dockets and the expense of litigation require the promotion of viable, alternative means to resolve disputes. Collaborative law as authorized under Texas Senate Bill 942 is an especially attractive process because it demands cooperation between the disputing parties …
Beyond Let Them Eat Cake: An Argument For The Armendariz Method Of Cost Allocation In Mandatory Employment And Consumer Arbitration, Dan O'Hearn
Journal of Dispute Resolution
Jane Doe is a twenty-two year old young woman who recently has been experiencing problems at work. About two years ago, Jane took a job at a local fast food establishment, Bubba's, which is a subsidiary of a larger corporation. The job has provided barely enough income for Jane to support herself and her two year old daughter while she has been earning an associate teaching degree at the local junior college. Jane planned to continue working at Bubba's while finishing her degree, but the recent behavior of her supervisor has made her question whether she will be able to …
Sacrificing Settlement Agreements In The Name Of Mediation Confidentiality: The California Supreme Court's Narrow Holding Has Harsh Consequence, Laura J. Bettenhausen
Sacrificing Settlement Agreements In The Name Of Mediation Confidentiality: The California Supreme Court's Narrow Holding Has Harsh Consequence, Laura J. Bettenhausen
Journal of Dispute Resolution
Confidentiality is regarded as one of the primary benefits of mediation. For parties who wish to avoid the public eye, mediation is often preferable to court. However, when parties reach some form of a settlement agreement during mediation, and subsequently disagree as to the terms of that agreement, the parties may find themselves in court. In court, the issue of whether the settlement agreement is admissible arises. In Fair v. Bakhtiari, the California Supreme Court addressed the question of whether an arbitration provision listed in a settlement agreement renders the agreement admissible under the California Evidence Code. The court emphasized …
Only The Rich Can Afford A Remedy: The Unconscionable Enforcement Of Arbitration Provisions Against The Indigent, Ryan M. Turley
Only The Rich Can Afford A Remedy: The Unconscionable Enforcement Of Arbitration Provisions Against The Indigent, Ryan M. Turley
Journal of Dispute Resolution
In Overstreet v. Contigroup Cos., Inc.,2 the Fifth Circuit Court of Appeals held that neither economic disadvantage nor undisclosed arbitration fees may form the basis for striking down an arbitration provision on the grounds of unconscionability.3 While the Supreme Court and the Federal Arbitration Act (FAA) expressly authorize the use of the doctrine of unconscionability to invalidate arbitration provisions, courts are sharply divided on its proper application. 4 The difficult juxtaposition of the Supreme Court's interpretation of the FAA as a "liberal federal policy favoring arbitration" and the traditional application of unconscionability as a means of policing unfair contracts has …
Trademark Law As Commercial Speech Recognition, Rebecca Tushnet
Trademark Law As Commercial Speech Recognition, Rebecca Tushnet
South Carolina Law Review
No abstract provided.
Peer Promotions And False Advertising Law, Ellen P. Goodman
Peer Promotions And False Advertising Law, Ellen P. Goodman
South Carolina Law Review
No abstract provided.
Amendment Xxviii? Defending Corporate Speech Rights, Bruce E.H. Johnson, Ambika K. Doran
Amendment Xxviii? Defending Corporate Speech Rights, Bruce E.H. Johnson, Ambika K. Doran
South Carolina Law Review
No abstract provided.
It's Not The Thought That Counts: A Political Economy Of Obscenity, Karen M. Markin
It's Not The Thought That Counts: A Political Economy Of Obscenity, Karen M. Markin
South Carolina Law Review
No abstract provided.