Law Commons^™

Transcript: Opening Remarks, Peter Jaszi

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Transcript: Introductory Remarks To Panel 1, Christine Farley

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Feminism And Dualism In Intellectual Property, Dan L. Burk

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Introductory Remarks To Panel 2, Peter Jaszi

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: My Fair Ladies: Sex, Gender, And Fair Use In Copyright, Rebecca Tushnet

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Molecules And Conflict: Cancer, Petents, And Women's Health, Eileen M. Kane

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Comments On Panel 2, Peter Jaszi

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Walking The Tradition-Modernity Tightrope: Gender Contradictions In Textile Prodution And Intellectual Property Law In Ghana, Boatema Boateng

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Parentage Puzzle: The Interplay Between Genetics, Procreative Intent, And Parental Conduct In Determining Legal Parentage, Deborah H. Wald, Esq.

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A Gendered Update On Women Law Deans: Who, Where, Why, And Why Not?, Laura M. Padilla

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Taking The "Banks" Out Of Banks V. Gonzales: Dna Databanks And The Fourth Amendment Prohibition On Unreasonable Searches And Seizures, Heather Bennett

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Supplementing State Workers' Compensation Laws With Causes Of Action Under State Common Law Regimes For Employee Third-Party Sexual Harassment Suits Against Employers, Anik A. Shah

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Roots Of Law, Larry D. Barnett

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The First "First Gentleman": The Role Of President Jane Doe's Husband A Sequel , John Dwight Ingram

American University Journal of Gender, Social Policy & the Law

No abstract provided.

For Richer Or Poorer Or Any Other Reason: Adjudicating Immigration Marriage Fraud Cases Within The Scope Of The Constitution , Marcel De Armas

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Transcript: Welcome Address, American University Washington College Of Law Disability Rights Law Clinic

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Transcript: Lunch Address, American University Washington College Of Law Disability Rights Law Clinic

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Transcript: Career And Professional Development , American University Washington College Of Law Disability Rights Law Clinic

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Essential To The National Security: An Executive Ban On "Don't Ask, Don't Tell", Pamela Lundquist

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Jurisdiction, Merits, And Substantiality, Howard M. Wasserman

Faculty Publications

No abstract provided.

Marbury In Mexico: Judicial Review’S Precocious Southern Migration, M C. Mirow

Faculty Publications

In attempting to construct United States-style judicial review for the Mexican Supreme Court in the 1880s, Ignacio Vallarta, president of the court, read Marbury in a way that preceded this use of the case in the United States. Using this surprising fact as a central example, this article makes several important contributions to the field of comparative constitutional law. The work demonstrates that through constitutional migration, novel readings of constitutional sources can arise in foreign fora. In an era when the United States Supreme Court may be accused of parochialism in its constitutional analysis, the article addresses the current controversy …

Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Eloisa Rodriguez-Dod, Olympia Duhart

Faculty Publications

Hurricane Katrina destroyed the homes of many people living in parts of the Gulf Region. The storm displaced as many as 800,000 victims and it is still difficult for them to return home. Consequently, many homeowners have turned to renting because of the slow recovery process. Renters face added difficulties; they are often the last in line for government benefits and other assistance. There is much hostility towards the rights of renters, creating even more difficulties for them.

This article focuses on the difficulties evacuee renters faced in New Orleans following the disaster. This article discusses legislation and attempted legislation …

Missing The Link: The Importance Of Keeping Ecosystems Intact And What The Endangered Species Act Suggests We Do About It, Kalyani Robbins

Faculty Publications

The Endangered Species Act was created in response to a rapid decline in species biodiversity. Although Congress chose direct protection of individual species as its tool, protecting ecosystems (a necessary component of biodiversity) was clearly one of the goals for which that tool was to be used. A species can be abundant in some areas and declining in others, such that protecting the entire species does not make sense. Congress dealt with this issue by amending the Endangered Species Act in 1978 to allow for protection of “distinct population segments,” thereby allowing the population in decline to be protected in …

The Contribution Of The Special Court For Sierra Leone To The Development Of International Law, Charles Chernor Jalloh

Faculty Publications

This article is the first major study examining whether the Special Court for Sierra Leone (SCSL) has made, or is making, any contribution to the development of international law. The author concludes that it has. In this vein, he analyzes the creation of the Defence Office, the Legacy Phase Working Group and the Outreach Section to show that some of the structural novelties introduced through SCSL practice have proven to be worthy of replication within other international criminal courts. Taking as an example the controversy regarding the United Nations Security Council’s power to create ad hoc international criminal tribunals, the …

Deliberating Groups Versus Prediction Markets (Or Hayek's Challenge To Habermas), Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

For multiple reasons, deliberating groups often converge on falsehood rather than truth. Individual errors may be amplified rather than cured. Group members may fall victim to a bad cascade, either informational or reputational. Deliberators may emphasize shared information at the expense of uniquely held information. Finally, group polarization may lead even rational people to unjustified extremism. By contrast, prediction markets often produce accurate results, because they create strong incentives for revelation of privately held knowledge and succeed in aggregating widely dispersed information. The success of prediction markets offers a set of lessons for increasing the likelihood that groups can obtain …

Substantive Media Regulation In Three Dimensions, Gregory P. Magarian

Scholarship@WashULaw

Changes in the political and regulatory climates are prompting calls to revive substantive government regulation of the broadcast media, specifically the now-defunct fairness doctrine. In this article, Professor Magarian attempts to sharpen the present debate over substantive regulation by closely examining earlier defenses and criticisms of the fairness doctrine. The article assesses how supporters and opponents of the fairness doctrine have characterized three issues essential for assessing the doctrine's wisdom and constitutionality: who is regulating; who is being regulated; and the goal of the regulatory scheme. As to the first issue, who is regulating, fairness doctrine supporters emphasize the democratic …

The Jurisprudence Of Colliding First Amendment Interests: From The Dead End Of Neutrality To The Open Road Of Participation-Enhancing Review, Gregory P. Magarian

Scholarship@WashULaw

First Amendment interests in both speech and religion often collide with one another. A political activist claims a free speech interest in the right to purchase advertising time on a television network, while the network claims a free speech interest in its decision not to sell the time. A religious enclave claims a free exercise interest in having a dedicated public school district, while its neighbors claim a nonestablishment interest in the government's not extending the group special treatment. In this article Professor Magarian examines the phenomenon of colliding First Amendment interests, explains and critiques the Supreme Court's failure to …

Eliminating The Judicial Function In Consumer Bankruptcy, Rafael I. Pardo

Scholarship@WashULaw

The centerpiece of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 has been the means test, a formulaic statutory directive pursuant to which courts are to presume abuse of the bankruptcy system by Chapter 7 debtors who have an ability to repay past debts with future income. This Essay provides a new insight into means testing by arguing that, more than anything else, it has brought about a significant change in the institutional design of bankruptcy courts: namely, the increased blurring of administrative and judicial functions. The Essay concludes that this development should be cause for concern as …

In The Shadow Of The False Claims Act: "Outsourcing" The Investigation By Government Counsel To Relator Counsel During The Seal Period, Robert Fabrikant, Nkechinyem Nwabuzor

North Dakota Law Review

No abstract provided.