Law Commons^™

Influenza Virus Samples, International Law, And Global Health Diplomacy, David P. Fidler

Articles by Maurer Faculty

Indonesia’s decision to withhold samples of avian influenza virus A (H5N1) from the World Health Organization for much of 2007 caused a crisis in global health. The World Health Assembly produced a resolution to try to address the crisis at its May 2007 meeting. I examine how the parties to this controversy used international law in framing and negotiating the dispute. Specifically, I analyze Indonesia’s use of the international legal principle of sovereignty and its appeal to rules on the protection of biological and genetic resources found in the Convention on Biological Diversity. In addition, I consider how the International …

Tax Fairness And The Tax Mix, David G. Duff

All Faculty Publications

Since a society’s tax system is one of its most basic and essential social institutions, the justice or fairness of this tax system is an important subject for social and political theory, as well as for practical politics. In order to assess the fairness of any particular tax or the tax system as a whole, however, it is essential to consider the purpose of the tax and the tax system in general. While the most obvious purpose of most taxes is to raise revenue to finance public expenditures, taxes are also employed to regulate social and economic behaviour and to …

Leases: Like Any Other Contract?, John V. Orth

Faculty Publications

No abstract provided.

An Analysis Of Thirty-Five Years Of Rape Reform: A Frustrating Search For Fundamental Fairness, Richard Klein

Scholarly Works

This article will analyze the most significant changes in the manner in which individuals who are charged with the crime of rape are prosecuted for that offense. In the last thirty-five years, there has been a steady erosion of the due process rights of those accused of rape.

The Lawyer Scribe: The Litchfield Law School, Laptops, And The Metaphysics Of Soul-Searching, Louise Harmon

Scholarly Works

No abstract provided.

Are Law Schools Racist?: A "Talk" With Richard Delgado (Symposium: Deconstructing Race: When Reasonable Minds Differ), Dan Subotnik

Scholarly Works

No abstract provided.

Bernard S. Meyer Et Al., The History Of The New York Court Of Appeals, 1932-2003, Meredith R. Miller

Scholarly Works

No abstract provided.

Economic Analysis Of Labor And Employment Law In The New Economy, Kenneth G. Dau-Schmidt, Alan Hyde, Michael Risch, Jagdeep Bhandari, Richard Block

Articles by Maurer Faculty

No abstract provided.

Recruiting Sexual Minorities And People With Disabilities To Be Dean, Joan W. Howarth

Scholarly Works

As our day-to-day work lives make abundantly clear, a law faculty is a many-headed creature: an assortment of people with a variety of interests, strengths, foibles, personalities, and identities. Within the legal academy, a dominant consensus acknowledges that a strong faculty embodies diversity along multiple axes, including, for example, race, gender, religion, age, political ideology, research and teaching methodologies, and subject matter expertise.

The dean, however, stands alone, and stands above. Thus, issues of expectation, representation, comfort with and fear of difference operate quite differently when deans are selected, and when they do their jobs. The dean exercises authority over …

Playing With Fire: The Science Of Confronting Adverse Material In Legal Advocacy, Kathryn M. Stanchi

Scholarly Works

The Article seeks to use the science to determine what treatment of adverse information is most beneficial to the client's position. A careful study of the science reveals that, overall, it is advantageous for the advocate to volunteer negative information and rebut it early, and that a direct and in-depth confrontation of negative information is generally more effective than an indirect and cursory treatment.

A close look at the finer points of the data, however, reveals that the question of disclosure is a complicated one. Therefore, legal advocates should learn about the research findings and the theories underlying the research …

Step Away From The Case Book: A Call For Balance And Integration In Law School Pedagogy, Kathryn M. Stanchi

Scholarly Works

No abstract provided.

No Brown Towns: Anti-Immigrant Ordinances And Equality Of Educational Opportunity For Latina/Os, Tom I. Romero Ii

Scholarly Works

No abstract provided.

Making Much Ado About Theory: The Chinese Trademark Law, Leah Chan Grinvald

Scholarly Works

Although the United States has had an active hand in the implementation of trademark law in China over the past century, the same frustrations that marked the turn of the twentieth century are reflected in the twenty-first century. This Article posits that one of the reasons that the United States has not seen the desired level of progress in China's protection of trademarks lies in the imposition of an American theory of trademarks, which has inhibited U.S. reform efforts in China to date. This imposition is understandable, as little thought has been given to the Chinese theoretical justification for their …

All The President's Lawyers: How To Avoid Another "Torture Opinion" Debacle, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.

Accommodating Respectful Religious Expression In The Workplace, Nantiya Ruan

Scholarly Works

This Article makes the case for judicial recognition of respectful religious expression in the workplace as more consistent with the Court's Establishment Clause jurisprudence and also more true to the legislative intent of the religious accommodation provisions of Title VII. Respectful religious pluralism in the workplace should become the norm through judicial requirements of best practices in the workplace. Such a view should be wholly supported by the majority of the Justices because it is consistent with their expressed views, in the Establishment Clause case law, that religion fosters moral good and that in a pluralistic society religious expression cannot …

Walking The Walk, Janet K. Levit

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Indirect Infringement From A Tort Law Perspective, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Warrantless Location Tracking, Ian Samuel

Articles by Maurer Faculty

The ubiquity of cell phones has transformed police investigations. Tracking a suspect's movements by following her phone is now a common but largely unnoticed surveillance technique. It is useful, no doubt, precisely because it is so revealing; it also raises significant privacy concerns. In this Note, I consider what the procedural requirements for cell phone tracking should be by examining the relevant statutory and constitutional law. Ultimately, the best standard is probable cause; only an ordinary warrant can satisfy the text of the statutes and the mandates of the Constitution.

Surveillance And Identity Performance: Some Thoughts Inspired By Martin Luther King, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Cooper explores self-actualization, the process whereby people create their own identity by means of experimenting with different behaviors, in the context of Martin Luther King, Jr. and the FBI surveillance he was subjected to in the time leading up to his death. He argues that it is possible for people to live in an environment that is more or less alienating to the way in which they perform their identities. Performativity scholars such as Devon Carbado and Mitu Gulati say that people can have an internal sense of self that is distinct from the identity …

Managing California's Fiscal Roller Coaster, David Gamage

Articles by Maurer Faculty

This article analyzes the causes of California's budget crises and prescribes institutional mechanisms for improving California's budgetary management.

(Almost) Everything We Learned About Pleasing Bankruptcy Judges, We Learned In Kindergarten, Nancy B. Rapoport, Roland Bernier Iii

Scholarly Works

In this essay, we demonstrate that most ethics violations (at least the ones that irritate bankruptcy judges) are also violations of simple rules of behavior that people should have learned in kindergarten.

Beyond Intention, Kimberly Kessler Ferzan

Cardozo Law Review

No abstract provided.

The Suburb As A Legal Concept: The Problem Of Organization And The Fate Of Municipalities In American Law, Kenneth A. Stahl

Cardozo Law Review

No abstract provided.

Addressing The Evidentiary Sources Of Wrongful Convictions: Categorical Exclusion Of Evidence In Capital Statutes, Rory K. Little

Faculty Scholarship

No abstract provided.

Contract Regulation, With And Without The State: Ruminations On Rules And Their Sources, David Snyder

Scholarly Articles in Law Reviews & Journals

This paper, commenting on the work of Jýrgen Basedow, addresses the legal regulation of economic relations in the context of globalization. The paper applies the idea of the mixed jurisdiction, traditionally focused on legal systems that partake of both the common law and the civil law, to the complex of privately made law and publicly made law that governs contemporary economic relations. Differing criteria that might be used to assess and choose between competing rules or competing systems of rule generation are evaluated, and normative considerations are raised. The paper proposes a model to demonstrate how privately made law, though …

The Need For Equal Opportunity And A Right To Quality Education, Stephen Wermiel, Paul Wockstein

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Discourse Of Disobedience: Law, Political Philosophy, And Trials Of Conscientious Objectors, Hadar Aviram

Faculty Scholarship

No abstract provided.

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

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: This short Essay explores several potential teaching moments in which one might raise issues concerning the micro-politics of socioeconomic class. I discuss cases found in popular casebooks for three course areas in which I teach: torts, employment, and employment discrimination law. All of these courses raise questions of distributive justice, in the sense that they all deal with issues about how economic and social resources, including legal rights or protections, get allocated between "haves" and "have nots." Tort law, as Guido Calabresi pointed out long ago, is at its center about the politics of distribution; its core questions are …

Book Review: Torture And Democracy, By Darius Rejali, Shana Tabak

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Climate Change, Fiduciary Duty, And Corporate Disclosure: Are Things Heating Up In The Boardroom, Perry Wallace

Scholarly Articles in Law Reviews & Journals

No abstract provided.