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2007

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Articles 8731 - 8760 of 10558

Full-Text Articles in Law

Some Modest Proposals For Challenging Established Dress Code Jurisprudence, Jennifer L. Levi Jan 2007

Some Modest Proposals For Challenging Established Dress Code Jurisprudence, Jennifer L. Levi

Faculty Scholarship

Historically, most courts have sustained employer-imposed, gender-based dress codes. Two well-established exceptions to the rule exist for dress codes that either (1) objectify or sexualize women or (2) allow for flexibility of standards for male employees' appearance but require stricter rules for women. A third, still-evolving exception has recently developed regarding challenges to dress codes by transgender litigants. Despite this recent progress, however, the classical gender-based dress code -- requiring women to conform to feminine stereotypes and men to conform to masculine stereotypes -- has, up to the present, been sustained by a majority of the courts time and again. …


Reading The Pink Locker Room On Football Culture And Title Ix, Erin E. Buzuvis Jan 2007

Reading The Pink Locker Room On Football Culture And Title Ix, Erin E. Buzuvis

Faculty Scholarship

This Article examines the public controversy that erupted after local media reported on a comment the Author made about the University of Iowa's decision to renovate the football stadium's visiting team locker room entirely in pink. The Author submitted a statement in response to the University Steering Committee on NCAA Certification's request for feedback on a draft report and suggested that the "joke" behind the pink decor traded in sexist and homophobic values. As such, the Author concluded that it belonged in the comprehensive analysis of gender equity that the committee was preparing. The Author immediately received hundreds of hateful …


Privacy's Other Path: Recovering The Law Of Confidentiality, Neil M. Richards, Daniel J. Solove Jan 2007

Privacy's Other Path: Recovering The Law Of Confidentiality, Neil M. Richards, Daniel J. Solove

Scholarship@WashULaw

The familiar legend of privacy law holds that Samuel Warren and Louis Brandeis invented the right to privacy in 1890, and that William Prosser aided its development by recognizing four privacy torts in 1960. In this article, Professors Richards and Solove contend that Warren, Brandeis, and Prosser did not invent privacy law, but took it down a new path. Well before 1890, a considerable body of Anglo-American law protected confidentiality, which safeguards the information people share with others. Warren, Brandeis, and later Prosser turned away from the law of confidentiality to create a new conception of privacy based on the …


Lower Court Discretion, Pauline Kim Jan 2007

Lower Court Discretion, Pauline Kim

Scholarship@WashULaw

Empirical scholars typically model the judicial hierarchy in terms of a principal-agent relationship in which the Supreme Court, the principal, sets policy and the lower federal courts, as agents, must implement that policy faithfully. The law is a signal - the means by which the Court communicates its preferences. This article argues instead for recognizing the law as an independent normative force. Empirical scholars fail to take seriously the role of law because they reject as implausible formalistic accounts of its operation. This article advances a more nuanced account of how law shapes the decision-making environment, one that focuses on …


Securities Underwriters In Public Capital Markets: The Existence, Parameters And Consequences Of The Fiduciary Obligation To Avoid Conflicts, Andrew F. Tuch Jan 2007

Securities Underwriters In Public Capital Markets: The Existence, Parameters And Consequences Of The Fiduciary Obligation To Avoid Conflicts, Andrew F. Tuch

Scholarship@WashULaw

This article considers whether an investment bank, when acting as underwriter of a public securities offering, owes the issuing company the fiduciary obligation to avoid conflicts of interest. The question has not arisen for final judicial determination and has been overlooked by scholars and regulators. The highly lucrative and visible nature of underwriting work creates powerful incentives for investment banks to accept instructions in the face of this duty. At the same time, the web of loyalties that these institutions owe, by virtue of their broad and diverse range of products and services, creates intractable practical difficulties for compliance with …


The Market-Participant Exception And The Dormant Foreign Commerce Clause, J. T. Hutchens Jan 2007

The Market-Participant Exception And The Dormant Foreign Commerce Clause, J. T. Hutchens

Cardozo Public Law, Policy & Ethics Journal

The note argues against extending the Market-Participant Exception to the Dormant Foreign Commerce Clause, asserting that such an extension would undermine the federal government's exclusive authority over foreign affairs and potentially disrupt national foreign policy. While the exception is well-established in interstate commerce, its application to foreign commerce raises unique concerns, including the risk of international retaliation and the erosion of the "one voice" principle in international relations. The author emphasizes that the constitutional separation of powers and the Supremacy Clause further support the necessity of federal primacy in foreign trade matters.


Reading Is Fundamental: Why The No Child Left Behind Act Necessitates Recognition Of A Fundamental Right To Education, Michael Salerno Jan 2007

Reading Is Fundamental: Why The No Child Left Behind Act Necessitates Recognition Of A Fundamental Right To Education, Michael Salerno

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Mail Dominance: A Critical Look At The International Marriage Broker Regulation Act And Its Sufficiency In Curtailing Mail-Order Bride Domestic Abuse, Holli B. Newsome Jan 2007

Mail Dominance: A Critical Look At The International Marriage Broker Regulation Act And Its Sufficiency In Curtailing Mail-Order Bride Domestic Abuse, Holli B. Newsome

Campbell Law Review

This Comment will look through a circumscribed lens at the mailorder bride domestic abuse in the United States that is facilitated by the IMB industry and will also consider the sufficiency of IMBRA in curtailing the problem. This comment will: (1) give background information on the IMB industry; (2) examine -mail-order bride domestic abuse and how IMBs facilitate the problem; (3) explain IMBRA and its goals; and (4) take a critical look at IMBRA and give recommendations to further prevent mail-order bride domestic abuse in this country.


The International Marriage Broker Regulation Act: Protecting Foreign Women Or Punishing American Men?, Erin K. Pleasant Jan 2007

The International Marriage Broker Regulation Act: Protecting Foreign Women Or Punishing American Men?, Erin K. Pleasant

Campbell Law Review

No abstract provided.


The Sword Of North Carolina's "Unfair And Deceptive Trade Practices Act": Combating North Carolina Businesses Who Undercut Competition By Hiring Illegal Immigrants, Boris S. Abbey Jan 2007

The Sword Of North Carolina's "Unfair And Deceptive Trade Practices Act": Combating North Carolina Businesses Who Undercut Competition By Hiring Illegal Immigrants, Boris S. Abbey

Campbell Law Review

The legal issue explored in this Comment is whether a cause of action is available to North Carolina business owners that have been put at an economic disadvantage by competing companies that hire illegal immigrants.


Blackthink's™ Acting White Stigma In Education And How It Fosters Academic Paralysis In Black Youth, Kimberly Jade Norwood Jan 2007

Blackthink's™ Acting White Stigma In Education And How It Fosters Academic Paralysis In Black Youth, Kimberly Jade Norwood

Scholarship@WashULaw

Black students who attend school regularly, participate in the classroom experience — by either participating in class and/or turning in homework, take “AP” classes, and who perform well on tests are, not uncommonly, accused of “acting white.” This happened to me as a child, it has happened to my children and it has happened to black youth I have interviewed throughout the country. This Article explores the practice within the black community of blacks who attack — verbally and sometimes physically — other blacks simply because the latter perform well in school. The Article explores the ironies of this attack …


On The Effective Communication Of The Results Of Empirical Studies, Part Ii, Christina L. Boyd, Lee Epstein, Andrew D. Martin Jan 2007

On The Effective Communication Of The Results Of Empirical Studies, Part Ii, Christina L. Boyd, Lee Epstein, Andrew D. Martin

Scholarship@WashULaw

While law professors are increasingly making use of data in their scholarship and while the data work housed in their studies is (generally) of a high quality, they have been less effective at communicating the products of their labor. A strong devotion to tabular, rather than graphical, displays, and claims about "statistical significance" rather than substantive importance, are just two areas requiring improvement. Here, as in Part I, we attempt to adapt a burgeoning literature in the social and statistical sciences to the unique interests of legal scholars. Our proposals are many in number, but none is particularly difficult to …


The Scientific Study Of Judicial Activism, Stefanie A. Lindquist, Frank B. Cross Jan 2007

The Scientific Study Of Judicial Activism, Stefanie A. Lindquist, Frank B. Cross

Scholarship@WashULaw

Claims of judicial activism are common, from both the right and the left, but they are seldom scrutinized closely. Prior tests of judicial activism have involved simply counting the number of cases in which justices vote to invalidate statutes. This data provides a rough guide but omits any consideration of the judicial legitimacy of the statute - a decision to strike down a plainly unconstitutional statute is appropriate judicial behavior. To provide a better test, we adjust the count of statutory invalidations for each justice of the Burger Court, based upon the degree to which the votes show a consistent …


Creeping Monism: The Judicial Trend Toward Interpretive Incorporation Of Human Rights Treaties, Melissa A. Waters Jan 2007

Creeping Monism: The Judicial Trend Toward Interpretive Incorporation Of Human Rights Treaties, Melissa A. Waters

Scholarship@WashULaw

This Article offers a narrow lens analysis of a key debate over the role of foreign authority in U.S. courts: the use of international human rights treaties in interpreting domestic law. Professor Waters argues that recent U.S. Supreme Court decisions (including Roper v. Simmons) should be viewed as part of a transnational trend among common law courts, a trend that she calls creeping monism. Common law judges are increasingly abandoning their traditional dualist orientation to treaties and are beginning to utilize human rights treaties despite the absence of implementing legislation giving domestic legal effect to the treaties. By developing a …


Research Guide To Export Control And Wmd Nonproliferation Law, Wei Luo Jan 2007

Research Guide To Export Control And Wmd Nonproliferation Law, Wei Luo

Scholarship@WashULaw

This research guide is to guide would-be researchers to the primary sources (statutes, cases, regulations, and international treaties) and the websites of major governmental agencies in charge of export controls and the International organizations promoting non-proliferation.


Using Human Rights Treaties To Resolve Ambiguity: The Advent Of A Rights-Conscious Charming Betsy Canon, Melissa A. Waters Jan 2007

Using Human Rights Treaties To Resolve Ambiguity: The Advent Of A Rights-Conscious Charming Betsy Canon, Melissa A. Waters

Scholarship@WashULaw

This article considers the role of international human rights law in the domestic context, and examines in particular the use of what the author calls a "rights­-conscious Charming Betsy canon", whereby judges in New Zealand, Canada, the United States and Australia have interpreted statutory provisions (focusing on the case study of immigration law) so as to be consistent with international human rights norms. The author also considers the more radical use of the canon, proposed in particular by the High Court of Australia's Justice Kirby, which proposes that even constitutional texts may be interpreted to be consistent with international law, …


Normativity In The "New" Schools: Assessing The Legitimacy Of International Legal Norms Created By Domestic Courts, Melissa A. Waters Jan 2007

Normativity In The "New" Schools: Assessing The Legitimacy Of International Legal Norms Created By Domestic Courts, Melissa A. Waters

Scholarship@WashULaw

One of the great legacies of the New Haven School was its early recognition of the tremendous dynamism and complexity of the international lawmaking process. Its proponents wisely rejected both Austinian positivism and the traditional conception of "law" as a dichotomy of "national" and "international" legal rules. Instead, the policy-oriented jurisprudence of the New Haven School recognized and embraced the interactivity of a multiplicity of decisionmakers in shaping the international legal regime. Moreover, in defining law as an iterative process of authoritative decisionmaking, the New Haven School recognized that authoritative decisions need not necessarily come from official bodies such as …


Treaty Dialogue In Sanchez-Llamas: Is Chief Justice Roberts A Transnationalist, After All?, Melissa A. Waters Jan 2007

Treaty Dialogue In Sanchez-Llamas: Is Chief Justice Roberts A Transnationalist, After All?, Melissa A. Waters

Scholarship@WashULaw

Chief Justice John Roberts is generally considered to be a “nationalist” with respect to transnational judicial dialogue: for example, he has expressed skepticism as to the value of foreign authority in constitutional interpretation. In his majority opinion in Sanchez-Llamas v. Oregon, however, Roberts eagerly engages in treaty dialogue, by considering foreign and international sources in interpreting U.S. treaty obligations. This Essay examines Roberts’ use of both “direct” and “indirect” treaty dialogue in interpreting the Vienna Convention on Consular Relations. By engaging in dialogue with both treaty partners and the International Court of Justice, Roberts allows foreign precedent and practice to …


Deliberation And Dissent: 12 Angry Men Versus The Empirical Reality Of Juries, Valerie P. Hans Jan 2007

Deliberation And Dissent: 12 Angry Men Versus The Empirical Reality Of Juries, Valerie P. Hans

Cornell Law Faculty Publications

This article contrasts the cinematic portrayal of jury deliberation in 12 Angry Men with an empirical portrait of real world juries derived from fifty years of jury research. The messages of this iconic movie converge with the findings of research studies in some surprising ways. During the course of the movie's deliberation, the different perspectives of the movie's jurors emerge as important contributors to the jury's fact finding, reinforcing the empirical finding that diversity among jurors produces robust deliberation and superior decision making. 12 Angry Men also illustrates both the importance of majority opinions and the power of dissenters under …


Negligence-Based Environmental Crimes: Failing To Exercise Due Care Can Be Criminal, Joseph J. Lisa Jan 2007

Negligence-Based Environmental Crimes: Failing To Exercise Due Care Can Be Criminal, Joseph J. Lisa

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Seeking Protection: Recognition Of Environmentally Displaced Persons Under International Human Rights Law, Brooke Havard Jan 2007

Seeking Protection: Recognition Of Environmentally Displaced Persons Under International Human Rights Law, Brooke Havard

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Cleaning Up Disaster Or Making More - A Look At Avenues Of Relief For Those Devastated By The Clean-Up Efforts Of Hurricane Katrina, Samatha Turino Jan 2007

Cleaning Up Disaster Or Making More - A Look At Avenues Of Relief For Those Devastated By The Clean-Up Efforts Of Hurricane Katrina, Samatha Turino

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Eagle Environmental Ii, L.P. V. Commonwealth: The Harms/Benefits Test And Appealing The Environmental Hearing Board - Who Decides The Standard Of Review, Meghan Flavin Jan 2007

Eagle Environmental Ii, L.P. V. Commonwealth: The Harms/Benefits Test And Appealing The Environmental Hearing Board - Who Decides The Standard Of Review, Meghan Flavin

Villanova Environmental Law Journal (1991 - )

No abstract provided.


A Field Of Failed Dreams: Problems Passing Effective Ecoterrorism Legislation, Alyson B. Walker Jan 2007

A Field Of Failed Dreams: Problems Passing Effective Ecoterrorism Legislation, Alyson B. Walker

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Waste Management Disposal Services Of Pennsylvania V Dep: Considering The Parameters Of The Deliberative Process Privilege In The Ehb Setting, Megan E. Shutte Jan 2007

Waste Management Disposal Services Of Pennsylvania V Dep: Considering The Parameters Of The Deliberative Process Privilege In The Ehb Setting, Megan E. Shutte

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Images Of Expertise: Converging Discourses On The Use And Abuse Of Science In Massachusetts V. Epa, David S. Caudill Jan 2007

Images Of Expertise: Converging Discourses On The Use And Abuse Of Science In Massachusetts V. Epa, David S. Caudill

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Aviall Services V. Cooper Industries: From Bad To Worse, Is There Any Hope For Prps Conducting Voluntary Cleanups, Karen Fox Jan 2007

Aviall Services V. Cooper Industries: From Bad To Worse, Is There Any Hope For Prps Conducting Voluntary Cleanups, Karen Fox

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Opening The Floodgates: The Roberts Court's Decision In Rapanos V. United States Spells Trouble For The Future Of The Waters Of The United States, Bill Currie Jan 2007

Opening The Floodgates: The Roberts Court's Decision In Rapanos V. United States Spells Trouble For The Future Of The Waters Of The United States, Bill Currie

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Rag Cumberland V. Dep: An Agency's Volte-Face Statutory Interpretation - When Do Courts Stop Deferring And Start Judicial Interpretation, Dennis C. Lumia Jan 2007

Rag Cumberland V. Dep: An Agency's Volte-Face Statutory Interpretation - When Do Courts Stop Deferring And Start Judicial Interpretation, Dennis C. Lumia

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Another View On European Integration: Distributive Stakes In The Harmonization Of European Law, Fernanda Nicola Jan 2007

Another View On European Integration: Distributive Stakes In The Harmonization Of European Law, Fernanda Nicola

Contributions to Books

There are two progressive scholarly perspectives on the harmonization of law within the European Union (EU). Both focus on the constitutionality of European institutions and the legitimacy of their decision-making processes. The constitutional asymmetry criticizes the EU institutional arrangement for prioritizing market objectives over social policy goals. The proceduralization perspective, on the other hand, celebrates Europeanization for enabling transnational deliberative democratic projects. Neither perspective, however, addresses the distributive consequences of the harmonization of European law and the indeterminacy of its socio-economic impact in local contexts. Through the analysis of several European Court of Justice (ECJ) judgments, this essay argues that …