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Articles 9361 - 9390 of 10546
Full-Text Articles in Law
Reasonable Burdens: Resolving The Conflict Between Disabled Employees And Their Coworkers, Nicole Buonocore Porter
Reasonable Burdens: Resolving The Conflict Between Disabled Employees And Their Coworkers, Nicole Buonocore Porter
Faculty Publications
This Article addresses one of the most difficult issues under the reasonable accommodation provision of the Americans with Disabilities Act (ADA): how to resolve the conflict that arises when accommodating a disabled employee negatively affects or interferes with the rights of other employees. Several scholars and the Supreme Court (in U.S. Airways, Inc. v. Barnett) have weighed in on this debate, but their analyses fall short of the ultimate goal of this Article--to achieve equal opportunity for individuals with disabilities without unnecessarily interfering with the rights of other employees. In order to achieve that goal, this Article proposes a …
Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong
Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong
Faculty Publications
No abstract provided.
A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein
A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
Disability Human Rights, Michael Ashley Stein
Disability Human Rights, Michael Ashley Stein
Faculty Publications
Responding to the absence of an international treaty expressly protecting people with disabilities, the United Nations General Assembly will soon adopt a disability-based human rights convention. This Article examines the theoretical implications of adding disability to the existing canon of human rights, both for individuals with disabilities and for other under-protected people. It develops a "disability human rights paradigm" by combining components of the social model of disability, the human right to development, and Martha Nussbaum's version of the capabilities approach, but filters them through a disability rights perspective to preserve that which provides for individual flourishing and modifying that …
The Forum Defendant Rule In Arkansas, Scott Dodson
The Forum Defendant Rule In Arkansas, Scott Dodson
Faculty Publications
Section 1441(b) of the removal statute prohibits removal of a diversity case if a defendant is a citizen of the state in which the case was originally filed. The bar to removal is known as the Forum Defendant Rule. Is removal in violation of the Forum Defendant Rule a jurisdictional or nonjurisdictional defect? The characterization matters because a jurisdictional defect can be raised at any time, while a nonjurisdictional defect must be raised within a specific period of time or is waived. The Supreme Court has not resolved the characterization, but a number of circuit courts, including the Eighth Circuit, …
Dark Ages Of Human Rights?, Linda A. Malone
Dark Ages Of Human Rights?, Linda A. Malone
Faculty Publications
No abstract provided.
Pleading Standards After Bell Atlantic Corp. V. Twombly, Scott Dodson
Pleading Standards After Bell Atlantic Corp. V. Twombly, Scott Dodson
Faculty Publications
On May 21, 2007, the U.S. Supreme Court decided Bell Atlantic Corp. v. Twombly and gutted the venerable language from Conley v. Gibson that every civil procedure professor and student can recite almost by heart: that “a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitled him to relief.” This Essay explains how Bell Atlantic did so and discusses some of its implications for pleading claims in the future.
Creative Sanctions For Online Investment Fraud, Jayne W. Barnard
Creative Sanctions For Online Investment Fraud, Jayne W. Barnard
Faculty Publications
No abstract provided.
Book Review Of Can Might Make Rights? Building The Rule Of Law After Military Interventions, Lan Cao
Book Review Of Can Might Make Rights? Building The Rule Of Law After Military Interventions, Lan Cao
Faculty Publications
No abstract provided.
Judging Plaintiffs, Jason M. Solomon
Judging Plaintiffs, Jason M. Solomon
Faculty Publications
With its powerful account of the normative principles embodied in the structure and practice of the law of torts, corrective justice is considered the leading moral theory of tort law. It has a significant advantage over instrumental and other moral theories in that it is more consistent with what judges say when they analyze tort law concepts. And with criticism of instrumental accounts, like law and economics, on a number of fronts, it is the leading descriptive theory of tort law. In this Article, I take up a question that has never been answered adequately by corrective-justice or other moral …
Capital Punishment In The United States, And Beyond, Paul Marcus
Capital Punishment In The United States, And Beyond, Paul Marcus
Faculty Publications
This article explores the controversial topic of capital punishment, with a particular focus on its longstanding application in the United States. The use of the death penalty in the US has been the subject of much criticism both domestically and internationally. The numerous concerns addressed in this article relate to the morality of the punishment, its effectiveness, the uneven application of the penalty, and procedural problems. The US Supreme Court has confirmed the constitutionality of capital punishment while striking down particular uses of the death penalty. The US is not, however, alone in executing convicted defendants. Capital punishment is still …
Culture Change, Lan Cao
The Judicial Treatment Of Noneconomic Compensatory Damages In The 19th Century, Ronald J. Allen, Alexia Brunet
The Judicial Treatment Of Noneconomic Compensatory Damages In The 19th Century, Ronald J. Allen, Alexia Brunet
Publications
Do high verdicts for tort cases containing noneconomic damages have historical precedent? We present the results of our empirical inquiry into the treatment of noneconomic compensatory damages by the courts from 1800-1900. Using 1,175 tort cases from this era, we show that, notwithstanding constant reiteration of jury discretion over damages, courts tightly controlled awards. In fact, no case prior to 1900 permitted a noneconomic compensatory damages award exceeding $450,000 in current dollars. Logistic regression results reveal that an increase in total monetary damages is positively and significantly related to the probability of reversal when noneconomic damages were claimed, and that …
Judging Treaties, Lakshman Guruswamy
Toward A Sui Generis View Of Black Rights In Canada? Overcoming The Difference-Denial Model Of Countering Anti-Black Racism, Lolita Buckner Inniss
Toward A Sui Generis View Of Black Rights In Canada? Overcoming The Difference-Denial Model Of Countering Anti-Black Racism, Lolita Buckner Inniss
Publications
No abstract provided.
Indigenous Law And Its Contribution To Global Pluralism, James Anaya
Indigenous Law And Its Contribution To Global Pluralism, James Anaya
Publications
No abstract provided.
Arbitration Of International Oil, Gas, And Energy Disputes In Latin America, Alexia Brunet, Juan Agustin Lentini
Arbitration Of International Oil, Gas, And Energy Disputes In Latin America, Alexia Brunet, Juan Agustin Lentini
Publications
No abstract provided.
Sensational Reports: The Ethical Duty Of Cause Lawyers To Be Competent In Public Advocacy, Deborah J. Cantrell
Sensational Reports: The Ethical Duty Of Cause Lawyers To Be Competent In Public Advocacy, Deborah J. Cantrell
Publications
This article argues that cause lawyers - those lawyers whose primary focus is on social change rather than on for-profit client-based work - have an ethical responsibility to be competent in public advocacy. That responsibility stems from a cause lawyer's commitment to the principles embodied in the particular social movement in which the lawyer is acting. It is reinforced by the requirement of competency under the Model Rules of Professional Conduct. To illustrate the contours of a competent public advocacy strategy, the article highlights two cause lawyering organizations, Legal Momentum and the Institute for Justice, and considers how each organization …
Beyond Enron: Regulation In Energy Derivatives Trading, Alexia Brunet, Meredith Shafe
Beyond Enron: Regulation In Energy Derivatives Trading, Alexia Brunet, Meredith Shafe
Publications
No abstract provided.
Foreword, Richard B. Collins
At War With The Eclectics: Mapping Pragmatism In Contemporary Legal Analysis, Justin Deystone
At War With The Eclectics: Mapping Pragmatism In Contemporary Legal Analysis, Justin Deystone
Publications
This Article has two primary goals. The first is descriptive and seeks to respond to what appears to be an increasing degree of confusion over the word "pragmatism," especially as it is used in a good deal of legal literature. This descriptive aim begins by separating out three general categories of pragmatism: (1) the so-called "everyday" pragmatism familiar to the American vernacular, (2) the classical philosophy of the early pragmatist authors like William James and John Dewey, and (3) pragmatism as understood in the context of law. The majority of the Article is subsequently concerned with exploring this last category, …
Sending The Self-Execution Doctrine To The Executioner, Aya Gruber
Sending The Self-Execution Doctrine To The Executioner, Aya Gruber
Publications
No abstract provided.
The Feminist War On Crime, Aya Gruber
The Feminist War On Crime, Aya Gruber
Publications
One of the most celebrated successes of the feminist movement is its lasting impact on domestic violence criminal laws. Today, society has moved from discourse characterizing domestic abuse as legitimate or merely a private problem to a belief that battering is a heinous crime, more egregious than garden-variety assault. I know all too well how far the pendulum has swung, having practiced as a public defender in the District of Columbia domestic violence system. Day after day, prosecutors proceeded with cases against the wishes of victims, resulting in the mass incarceration of young black men. Could this have been the …
Disparate Impact Discrimination: The Limits Of Litigation, The Possibilities For Internal Compliance, Melissa Hart
Disparate Impact Discrimination: The Limits Of Litigation, The Possibilities For Internal Compliance, Melissa Hart
Publications
No abstract provided.
Who's Afraid Of Geneva Law?, Aya Gruber
Who's Afraid Of Geneva Law?, Aya Gruber
Publications
According to many internationalists, the terrorism detention cases Hamdi v. Rumsfeld and Hamdan v. Rumsfeld are exemplary of a movement on the part of the Supreme Court toward greater incorporation of and respect for international law. Recent death penalty cases, statements of individual justices, and the increasing transnationalism of the Court's docket have lead many to believe, as Justice Ginsburg does, that the Court's "island or lone ranger mentality is beginning to change." This Article takes the contrary position that Hamdi and Hamdan are not internationalist because of their meticulous avoidance of the issue of Geneva Convention self-execution. Briefly, the …
The Possibility Of Avoiding Discrimination: Considering Compliance And Liability, Melissa Hart
The Possibility Of Avoiding Discrimination: Considering Compliance And Liability, Melissa Hart
Publications
The gender discrimination class action Dukes v. Wal-Mart Stores, Inc., whose certification was recently affirmed in the Ninth Circuit, presents a large-scale challenge to the company's excessive reliance on subjective judgment in employment decision-making. It is one in a growing number of similar suits, all of which are fundamentally attacks on the continued operation of entrenched gender stereotypes in the allocation of workplace opportunities. The breadth of this aim is one of the strengths of these suits, but it also raises a significant question: because this kind of litigation targets a broad social phenomenon, is it reasonably possible to …
Liberalism And Ability Taxation, David Hasen
Liberalism And Ability Taxation, David Hasen
Publications
Recent tax scholarship has embraced the idea of individual endowment taxation, or taxation of human abilities, as an approach to ideal tax theory. Under endowment taxation, individuals are taxed according to their native abilities to command resources, rather than according to any actual index of goods or expenditures, such as income, consumption, or wealth, that otherwise might be thought relevant to the assignment of tax burdens. This Article argues that endowment taxation is incompatible with political theories that might broadly be described as "liberal," to the extent such theories support redistribution. It also argues that limited forms of endowment taxation …
Conference Transcript: The New Realism: The Next Generation Of Scholarship In Federal Indian Law, Sarah Krakoff
Conference Transcript: The New Realism: The Next Generation Of Scholarship In Federal Indian Law, Sarah Krakoff
Publications
No abstract provided.
A Perspective On Federal Corporation Law, Mark J. Loewenstein
A Perspective On Federal Corporation Law, Mark J. Loewenstein
Publications
No abstract provided.
An External Perspective On The Nature Of Noneconomic Compensatory Damages And Their Regulation, Ronald J. Allen, Alexia Brunet, Susan Spies Roth
An External Perspective On The Nature Of Noneconomic Compensatory Damages And Their Regulation, Ronald J. Allen, Alexia Brunet, Susan Spies Roth
Publications
No abstract provided.