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2008

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Articles 1 - 30 of 97

Full-Text Articles in Law

Short Notes On Teaching About The Micro-Politics Of Class, With Examples From Torts And Employment Law Casebooks, Susan Carle, Michelle Lapointe Dec 2008

Short Notes On Teaching About The Micro-Politics Of Class, With Examples From Torts And Employment Law Casebooks, Susan Carle, Michelle Lapointe

Buffalo Law Review

No abstract provided.


Bourdieu And American Legal Education: How Law Schools Reproduce Social Stratification And Class Hierarchy, Lucille A. Jewel Dec 2008

Bourdieu And American Legal Education: How Law Schools Reproduce Social Stratification And Class Hierarchy, Lucille A. Jewel

Buffalo Law Review

No abstract provided.


The Colorline As Capital Accumulation, Anthony Paul Farley Dec 2008

The Colorline As Capital Accumulation, Anthony Paul Farley

Buffalo Law Review

No abstract provided.


Getting Class, Laura T. Kessler Dec 2008

Getting Class, Laura T. Kessler

Buffalo Law Review

No abstract provided.


Race And Class: More Than A Liberal Paradox, Maria Grahn-Farley Dec 2008

Race And Class: More Than A Liberal Paradox, Maria Grahn-Farley

Buffalo Law Review

No abstract provided.


Constitutionalizing Class Inequality: Due Process In State Farm, Martha T. Mccluskey Dec 2008

Constitutionalizing Class Inequality: Due Process In State Farm, Martha T. Mccluskey

Buffalo Law Review

This essay takes a step toward building a story of economic class in U.S. constitutional law, as part of a special essay issue of the Buffalo Law Review developed from a series of workshops titled ClassCrits: Toward a Critical Analysis of Economic Inequality, sponsored by the Baldy Center for Law and Social Policy at the University at Buffalo. The essay focuses on the 2003 U.S. Supreme Court decision in State Farm Mutual Insurance Co. v. Campbell, one of a series of recent cases using the due process clause of the 14th Amendment to limit punitive damage awards against corporate defendants …


Marshall V. Northern Virginia Transportation Authority: The Supreme Court Of Virginia Rules That Taxes Can Be Imposed By Elected Bodies Only, Patrick M. Mcsweeney, Wesley G. Russell Jr. Nov 2008

Marshall V. Northern Virginia Transportation Authority: The Supreme Court Of Virginia Rules That Taxes Can Be Imposed By Elected Bodies Only, Patrick M. Mcsweeney, Wesley G. Russell Jr.

University of Richmond Law Review

No abstract provided.


A New Deal For The American Mortgage: The Home Owners' Loan Corporation, The National Housing Act And The Birth Of The National Mortgage Market, Peter M. Carrozzo Oct 2008

A New Deal For The American Mortgage: The Home Owners' Loan Corporation, The National Housing Act And The Birth Of The National Mortgage Market, Peter M. Carrozzo

University of Miami Business Law Review

No abstract provided.


Empowering Victims, Opening Borders Preventing Human Trafficking By Adjusting Immigration Laws To Accommodate The Supply And Demand Of Migrant Workers, Julie Krüger Sep 2008

Empowering Victims, Opening Borders Preventing Human Trafficking By Adjusting Immigration Laws To Accommodate The Supply And Demand Of Migrant Workers, Julie Krüger

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Evaluating Legal Activism: A Response To Rosenberg, Dara E. Purvis Sep 2008

Evaluating Legal Activism: A Response To Rosenberg, Dara E. Purvis

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


At The Altar Of Autonomy: The Dangerous Territory Of Abigail Alliance V. Von Eschenbach, Andrea Beth Ott Jul 2008

At The Altar Of Autonomy: The Dangerous Territory Of Abigail Alliance V. Von Eschenbach, Andrea Beth Ott

Buffalo Law Review

No abstract provided.


The Concept Of "Less Eligibility" And The Social Function Of Prison Violence In Class Society, Ahmed A. White Jul 2008

The Concept Of "Less Eligibility" And The Social Function Of Prison Violence In Class Society, Ahmed A. White

Buffalo Law Review

No abstract provided.


Governance, Governmentality, Police, And Justice: A New Science Of Police?, Mireille Hildebrandt May 2008

Governance, Governmentality, Police, And Justice: A New Science Of Police?, Mireille Hildebrandt

Buffalo Law Review

Review of The New Police Science: The Police Power in Domestic and International Governance, Markus D. Dubber & Mariana Valverde, eds.


Whistling While You Work: Expanding Whistleblower Laws To Include Non-Workplace-Related Retaliation After Burlington Northern V. White, Robert Johnson May 2008

Whistling While You Work: Expanding Whistleblower Laws To Include Non-Workplace-Related Retaliation After Burlington Northern V. White, Robert Johnson

University of Richmond Law Review

This comment will not attempt to harmonize the different standards or predict a future course of interpretation. Instead, it will address the existing disparity as an opportunity to amend whistleblower laws to provide meaningful protection against alltypes of retaliation, not just those that affect the whistleblower's terms or conditions ofemployment. With this broad goal as a basis, this comment will specifically advocate amending all federal whistleblower statutes' retaliation provisions to conform to Title VII's retaliation provision. This would eliminate the requirement that the retaliation affect the terms or conditions of employment and incorporate the public policy rationale outlined in Burlington …


Scandal, Sukyandaru, And Chouwen, Benjamin L. Liebman Apr 2008

Scandal, Sukyandaru, And Chouwen, Benjamin L. Liebman

Michigan Law Review

This Review proceeds in four parts. Part I describes West's account of scandal in Japan and the United States and explores some of the ramifications of his account. Part II examines the formation of scandal in contemporary China. Part III compares scandal in China with West's conclusions about scandal in Japan and the United States. Part IV discusses defamation litigation in China, with a view to adding further comparative insight to West's discussion of Japanese libel suits.


The Death Penalty And The Society We Want, Stephen B. Bright Mar 2008

The Death Penalty And The Society We Want, Stephen B. Bright

The University of New Hampshire Law Review

[Excerpt] “At the local level, we can tell a lot about a community by how it treats a homeless person suffering from schizophrenia who is begging on the street. One possibility is to look upon that person with the thought that there but for grace go I, that this person is desperately in need of help, and that we—individually and as a community—must respond by giving a helping hand and making sure that the person receives food, shelter, clothing, and care for such a debilitating mental illness. Another possibility is to simply ignore the person, to step around him or …


Save America: Stop Illegal Immigration, Hon. Virgil H. Goode Jr. Mar 2008

Save America: Stop Illegal Immigration, Hon. Virgil H. Goode Jr.

University of Richmond Law Review

Security is an overriding issue confronting the United States, and if we want enhanced security, illegal immigration must be stopped. In fact, illegal immigration is an addiction that the United States must break, or it will break the United States.


Born In The U.S.A.? Rethinking Birthright Citizenship In The Wake Of 9/11, John C. Eastman Mar 2008

Born In The U.S.A.? Rethinking Birthright Citizenship In The Wake Of 9/11, John C. Eastman

University of Richmond Law Review

No abstract provided.


Carlos Cisneros: His Life, Career, & Contributions, Susan Kelly, Jerold Widdison Jan 2008

Carlos Cisneros: His Life, Career, & Contributions, Susan Kelly, Jerold Widdison

Water Matters!

State Senator Carlos Cisneros links New Mexico’s past, present and future.


The Google Dilemma, James Grimmelmann Jan 2008

The Google Dilemma, James Grimmelmann

NYLS Law Review

No abstract provided.


The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso Jan 2008

The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso

West Virginia Law Review

No abstract provided.


A Quest For Acceptance: The Real Id Act And The Need For Comprehensive Gender Recognition Legislation In The United States, Jason Allen Jan 2008

A Quest For Acceptance: The Real Id Act And The Need For Comprehensive Gender Recognition Legislation In The United States, Jason Allen

Michigan Journal of Gender & Law

This Article maintains that the Real ID Act highlights the need for U.S. federal gender recognition legislation in the mold of the GRA. Part II offers background into the psychology of transgender people, explaining how the medical community views and treats this "condition." Part III illustrates the fundamental value of gender recognition rights and examines the inadequacy of U.S. statutory and case law. This discussion then traces the evolution of the GRA in the United Kingdom as the culmination of a mandate from the European Court of Human Rights (ECHR). Part IV argues that the United States should adopt a …


"Please Write 'E' In This Box" Toward Self-Identification And Recognition Of A Third Gender: Approaches In The United States And India, Jennifer Rellis Jan 2008

"Please Write 'E' In This Box" Toward Self-Identification And Recognition Of A Third Gender: Approaches In The United States And India, Jennifer Rellis

Michigan Journal of Gender & Law

Part I of this Article defines intersexuality and highlights the legal and societal complications that occur when the concept of the fixed male-female gender binary is challenged. Part II describes the unique role of the hijras in India, who are both revered and discriminated against, and suggests that India is beginning to legally recognize a third gender through the grassroots advocacy of the hijras. Part III contrasts the experience of intersexed individuals in the United States by describing the current protocol to deal with the "medical emergency" of the birth of an intersexed child. This section forecasts legal issues facing …


Letter From The Executive Board, The Modern American Jan 2008

Letter From The Executive Board, The Modern American

The Modern American

No abstract provided.


Spotlights: Mayda Colon Tsaknis, The Honorable Jeannie J. Hong, And Jennifer Maree, Sabrina Khan Jan 2008

Spotlights: Mayda Colon Tsaknis, The Honorable Jeannie J. Hong, And Jennifer Maree, Sabrina Khan

The Modern American

No abstract provided.


Volume 4, Issue 2, The Modern American Jan 2008

Volume 4, Issue 2, The Modern American

The Modern American

No abstract provided.


Independent Protection And Advocacy: Th E Role Of Counsel In Institutional Settings, Karen O. Talley Jan 2008

Independent Protection And Advocacy: Th E Role Of Counsel In Institutional Settings, Karen O. Talley

NYLS Law Review

No abstract provided.


The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan Jan 2008

The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan

St. Mary's Law Journal

The United States Court of Appeals for the Fifth Circuit first addressed the sham affidavit theory in Kennett-Murray Corp. v. Bone. This is the doctrine regarding assertions made by affidavit in order to prove summary judgment which are contrary to prior statements given, usually during a deposition. More recently, the Fifth Circuit has used the theory to strike affidavits where it found a sufficient inconsistency existed. This Court has also applied the sham affidavit theory to any prior sworn testimony, not just deposition testimony. The adoption of this theory overturned the precedent which stated a factual issue existed where a …


Smoke-Free State Psychiatric Facility Grounds: Is Legislation Necessary And Appropriate To Remove Tobacco From These Treatment Settings?, Maureen Hackett M.D. Jan 2008

Smoke-Free State Psychiatric Facility Grounds: Is Legislation Necessary And Appropriate To Remove Tobacco From These Treatment Settings?, Maureen Hackett M.D.

NYLS Law Review

No abstract provided.


Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood Jan 2008

Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood

NYLS Law Review

No abstract provided.