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Articles 1 - 11 of 11

Full-Text Articles in Law

Danforth, Retroactivity, And Federalism, J. Thomas Sullivan Oct 2008

Danforth, Retroactivity, And Federalism, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Pushing Weight, André Douglas Pond Cummings Jun 2008

Pushing Weight, André Douglas Pond Cummings

Faculty Scholarship

The plight of the black athlete in United States professional and collegiate sports reflects a historical road burdened by strident discrimination, yielding assimilation and gleeful exploitation. As African American athletes began to be permitted to enter the lineups of storied professional sports clubs beginning in the 1950s, they did so only on the strict conditions placed upon them by the status quo white male dominated regime. Often the very terms of black athlete participation required a rigid commitment to - covering - racial identity and outright suppression of self. Once African American athletes burst onto the nation's consciousness in the …


Progress Realized? The Continuing American Indian Mascot Quandary, André Douglas Pond Cummings Jun 2008

Progress Realized? The Continuing American Indian Mascot Quandary, André Douglas Pond Cummings

Faculty Scholarship

To some, American Indian mascots represent strength, power, reverence, and dignity. For others, Native American mascots are deeply offensive and mock tradition and sacred culture. Historically, professional and collegiate athletic teams have unabashedly sported American Indian mascots and monikers, and it has not been until recent decades that this issue has arisen as offensive or insensitive. In the past thirty or so years, there have been many high school and university administrations that have voluntarily switched their team mascot and moniker from an American Indian to a race-neutral one. Still, some university administrations and many professional sports franchises strenuously eschew …


Mere Thieves, Robert E. Steinbuch May 2008

Mere Thieves, Robert E. Steinbuch

Faculty Scholarship

No abstract provided.


Intellectual Property Piracy: Perception And Reality In China, The United States, And Elsewhere, Aaron Schwabach Apr 2008

Intellectual Property Piracy: Perception And Reality In China, The United States, And Elsewhere, Aaron Schwabach

Faculty Scholarship

No abstract provided.


Beyond Manson And Lukolongo: A Critique Of American And Zambian Eyewitness Law With Recommendations For Reform In The Developing World, Nicholas A. Kahn-Fogel Jan 2008

Beyond Manson And Lukolongo: A Critique Of American And Zambian Eyewitness Law With Recommendations For Reform In The Developing World, Nicholas A. Kahn-Fogel

Faculty Scholarship

This article is a comparative analysis of U.S. and Zambian eyewitness law. I analyze the two countries' approaches to eyewitness law in the context of the longstanding debate on whether rules or standards best effectuate underlying social values. With regard to the United States, I conclude that either a rule or a standard for admission of eyewitness evidence could provide effective protection of defendants' due process rights while also promoting the societal interest in admitting reliable proof of guilt. I then conduct the first comprehensive analysis of Zambian eyewitness cases and conclude that Zambian eyewitness law is, in some ways, …


Shifting Out Of Neutral: Intelligent Design And The Road To Nonpreferentialism, Kelly S. Terry Jan 2008

Shifting Out Of Neutral: Intelligent Design And The Road To Nonpreferentialism, Kelly S. Terry

Faculty Scholarship

No abstract provided.


Not All Lawyers Are Equal: Difficulties That Plague Women And Women Of Color, Theresa M. Beiner Jan 2008

Not All Lawyers Are Equal: Difficulties That Plague Women And Women Of Color, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


Book Review: Why Smart Men Marry Smart Women By Christine B. Whelan Comforting Insights Into What Should Be Obvious (But May Not Necessarily Be So), Theresa M. Beiner Jan 2008

Book Review: Why Smart Men Marry Smart Women By Christine B. Whelan Comforting Insights Into What Should Be Obvious (But May Not Necessarily Be So), Theresa M. Beiner

Faculty Scholarship

No abstract provided.


Humanizing Legal Education: An Introduction To A Symposium Whose Time Came, Michael Hunter Schwartz Jan 2008

Humanizing Legal Education: An Introduction To A Symposium Whose Time Came, Michael Hunter Schwartz

Faculty Scholarship

No abstract provided.


Crawford, Retroactivity, And The Importance Of Being Earnest, J. Thomas Sullivan Jan 2008

Crawford, Retroactivity, And The Importance Of Being Earnest, J. Thomas Sullivan

Faculty Scholarship

In this article Professor Sullivan examines the Supreme Court's evolving Confrontation Clause jurisprudence through its dramatic return to pre-Sixth Amendment appreciation of the role of cross-examination in the criminal trial reflected in its 2004 decision in Crawford v. Washington. He discusses the past quarter century of the Court's confrontation decisions and their impact on his client, Ralph Rodney Earnest, recounting the defendant's conviction and twenty-four-year litigation journey through state and federal courts to his eventual release from prison in the only successful attempt to use Crawford retroactively known to date.