Law Commons^™

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

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Tracing The Contours Of Transnational Corporations' Human Rights Obligations In The Twenty-First Century, Iris Halpern

Buffalo Human Rights Law Review

No abstract provided.

Community-Based Mapping: A Research Tool For Justice System Research, Mary Stratton

Canadian Forum on Civil Justice

Mapping research is a form of collaborative needs assessment or environmental scan that recognizes, includes and values local knowledge as essential to understanding communities.

The Forum (Volume 38, Number 1), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Table Of Contents, Seventh Circuit Review

Seventh Circuit Review

No abstract provided.

The Intra-Enterprise Conspiracy Doctrine In American Needle Inc. V. National Football League: Antitrust Law Continues Its Path Toward Rationality, John O. Gunderson

Seventh Circuit Review

In American Needle Inc. v. National Football League, the Seventh Circuit was presented with the question of whether the National Football League and its affiliates should be held liable for a violation of the Sherman Act as a result of the league’s exclusive apparel licensing contract with Reebok. This article traces the evolution of the Supreme Court’s intra-enterprise conspiracy doctrine, which stated that even a parent company and its wholly owned subsidiary could conspire in such a way as to invoke the Sherman Act. The intra-enterprise conspiracy doctrine was overturned in Copperweld Corp. v. Independence Tube Corp. in …

Just A Bunch Of Fusspots And Nitpickers? That Pretty Much Sums It Up, Patrick D. Austermuehle

Seventh Circuit Review

The Seventh Circuit has a reputation for being harshly critical of attorneys who fail to follow the court’s procedural rules. Whether by sanction, written opinion, or oral rebuke, the attorney who fails to abide by the court’s rules can be sure of some disciplinary action. In Smoot v. Mazda Motors, the court asked whether the judges responsible for the strict enforcement of these rules are simply being “fusspots and nitpickers.”

This Note will address the court’s question through an empirical survey of the manner and frequency by which attorneys are disciplined for failing to follow the court’s rules. The …

Let's Get It Straight: The Effect Of Fehribach, The Ha2003 Liquidating Trust, And Joyce On A Debtor's Pre-Bankruptcy Professionals And Where To Go From Here, Jamie L. Johnson

Seventh Circuit Review

The Seventh Circuit has recently decided a trilogy of cases in which stockholders or creditors attempted to hold a business’s professionals—such as financial advisors and investment bankers—liable for the losses they suffered as a result of the business’s bankruptcy or financial demise. In all three of the cases, Fehribach v. Ernst & Young LLP, The HA2003 Liquidating Trust v. Credit Suisse Securities (USA) LLC, and Joyce v. Morgan Stanley & Co., the Seventh Circuit declined to hold the professionals liable, thereby eliminating a potential “deep pocket” for the creditors or stockholders. The outcomes of these cases were …

Analyzing A Pretrial Detainee's § 1983 Claims Under The Deliberate Indifference Standard Amounts To Punishment Of The Detainee, Leslie B. Elkins

Seventh Circuit Review

While the Eighth Amendment holds that a convicted inmate may be punished if that punishment is not “cruel and unusual,” due process requires that a pretrial detainee not be punished at all. In 1979, the Supreme Court declared that the rights of a pretrial detainee are “at least as great” as those afforded a convicted prisoner. The Seventh Circuit’s recent decision Klebanowski v. Sheahan illustrates the modern trend of using the same “deliberate indifference” standard used to analyze convicted prisoners’ § 1983 claims when analyzing pretrial detainees’ § 1983 claims. By scrutinizing the way modern courts assess pretrial detainees’ § …

Welcome To The Family: A New Class Of Cognizable Claims Under The Pregnancy Discrimination Act, Teresa A. Minnich

Seventh Circuit Review

In its recent decision Hall v. Nalco, the Seventh Circuit became the first Federal Circuit Court of Appeals to recognize a Title VII claim arising from adverse employment action following from a woman’s pursuit of in vitro fertilization, a type of infertility treatment. The Seventh Circuit’s decision creates a possible conflict with the Eighth and Second Circuits, which have both refused to recognize a cognizable Title VII claim where an employer excludes infertility treatments from insurance benefits plans. Furthermore, the Seventh Circuit’s reasoning articulates a murky distinction between childbearing capacity and fertility—although discrimination based on childbearing capacity violates Title …

License To Kill (The Dream Of Fair Housing): How The Seventh Circuit In Craigslist Gave Websites A Free Pass To Publish Discriminatory Housing Advertisements, Joseph J. Opron Iii

Seventh Circuit Review

In Chicago Lawyers’ Committee for Civil Rights Under Law, Inc. v. Craigslist, Inc., the Seventh Circuit held that Craigslist, Inc., could not be held liable under the Fair Housing Act’s ban on discriminatory advertisements for over 120 discriminatory housing advertisements complained about by the Chicago Lawyers’ Committee that were posted on Craigslist’s website. The court held that although newspapers and virtually every other publishing medium are consistently found liable under the Fair Housing Act’s ban on discriminatory advertisements, interactive computer service providers, such as Craigslist, are afforded civil immunity as a publishers or speakers of third-party content under the …

Policing Thought: United States V. Khattab And The Mens Rea Requirement Of 21 U.S.C. § 841, Anne M. Walker

Seventh Circuit Review

In United States v. Khattab, the Seventh Circuit identified a split between the circuits as to the mens rea required by the statute that criminalizes possessing or distributing precursor chemicals to illegal drugs. The relevant mens rea is “knowingly, or having reasonable cause to believe[.]” While the Tenth Circuit interprets “having reasonable cause to believe” to mean that a defendant must have something close to actual subjective knowledge that a chemical will be used to manufacture methamphetamines, the Eighth, Ninth, and Eleventh Circuits interpret “having reasonable cause to believe,” to mean that an objective standard can be applied. The …

Unraveling Tinker: The Seventh Circuit Leaves Student Speech Hanging By A Thread, Marcia E. Powers

Seventh Circuit Review

In the bedrock student speech case Tinker v. Des Moines Independent School District, the Supreme Court ruled that students do not shed their First Amendment rights at the schoolhouse gate and that a school cannot prohibit student speech absent a “substantial disruption.” The Supreme Court defined “substantial disruption” as speech that “materially and substantially disrupt[s] the work and discipline of school.” In 2008, the Seventh Circuit adopted a new definition of “substantial disruption” in Nuxoll v. Indian Prairie School District No. 204, a case where a student challenged his school’s prohibition of the t-shirt slogan “Be Happy, Not …

The Dilemma Of The Criminal Defendant With A Prior Record - Lessons From The Wrongfully Convicted, John H. Blume

Cornell Law Faculty Publications

This article examines challenges the conventional wisdom that an innocent defendants will testify on their own behalf at trial. Data gathered from the cases of persons subsequently exonerated due to DNA evidence demonstrates that factually innocent defendants do not testify on their own behalf at substantially higher rates than criminal defendants generally. Why? The primary reason is that many of these individuals had been previously convicted of a crime, and they did not testify at trial because of the risk that their credibility would be impeached with evidence of the prior record and, despite any limiting instruction the court might …

In Practice, V. 9, No. 1, Fall 2008

In Practice

No abstract provided.

Academic Speech In The Post-Garcetti Environment, Robert M. O'Neil

First Amendment Law Review

No abstract provided.

When Are Public Employees Not Really Public Employees - In The Aftermath Of Garcetti V. Ceballos, Ramona L. Paetzold

First Amendment Law Review

No abstract provided.

Government Workers And Government Speech, Helen Norton

First Amendment Law Review

No abstract provided.

Knowledge Management In The Public Sector: Singapore’S Civil Service College Shows The Way, Knowledge@Smu

Knowledge@SMU

Managing the repository of knowledge in a state-run organisation is a relatively new discipline. R Gopinathan, deputy director at Singapore’s Civil Service College, could be described as an evangelist who promotes knowledge management (KM) in the public service sector. He spoke recently about past experiences and challenges ahead with developing a KM roadmap for Singapore’s public service at the Fourth International Research Conference on Asian Business organised by the Singapore Management University.

Tobacco Regulation Review, V. 7, No. 2, Sept. 2008

Tobacco Regulation Review

No abstract provided.

2008-2009 Gsulr Masthead, Georgia State University College Of Law

Law Review Mastheads

No abstract provided.

Torch (September 2008), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Poverty And Fundamental Rights: The Justification And Enforcement Of Socio-Economic Rights By David Bilchitz, Gregory Stein

Buffalo Human Rights Law Review

No abstract provided.

Migrant Children, Compulsory Education And The Rule Of Law In China, Brian Holland

Buffalo Human Rights Law Review

No abstract provided.

Is There A Correlation Between Law Professor Publication Counts, Law Review Citation Counts, And Teaching Evaluations? An Empirical Study, Benjamin H. Barton

Scholarly Works

This empirical study attempts to answer an age-old debate in legal academia: whether scholarly productivity helps or hurts teaching. The study is of an unprecedented size and scope. It covers every tenured or tenure-track faculty member at 19 American law schools, a total of 623 professors. The study gathers four years of teaching evaluation data (calendar years 2000-03) and correlates these data against five different measures of research productivity/scholarly influence.

The results are counter-intuitive: there is either no correlation or a slight positive correlation between teaching effectiveness and any of the five measures of research productivity. Given the breadth of …

Towards The Criminalization Of Dictatorship: A Draft Proposal For An International Convention On Dictatorship, Patrick J. Glen

Buffalo Human Rights Law Review

No abstract provided.

Judicial Patronage Of 'Honor Killings' In Pakistan: The Supreme Court's Persistent Adherence To The Doctrine Of Grave And Sudden Provocation, Moeen H. Cheema

Buffalo Human Rights Law Review

No abstract provided.

Human Rights: A Very Short Introduction By Andrew Clapham, Elsa Hernandez

Buffalo Human Rights Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

Law For Sustainable Development: Work Continues On The Rubik's Cube, J. B. Ruhl

Tulsa Law Review

No abstract provided.