Law Commons^™

Cruel Distinctions Of The I.N.A.'S Material Support Bar, Courtney Schusheim

City University of New York Law Review

No abstract provided.

The Odyssey Of Cass Sunstein, James E. Fleming

Faculty Scholarship

I am delighted to participate in this symposium honoring and criticizing the scholarship of Cass Sunstein. Let me begin by stating something so obvious that we typically don't say it: Cass is the most remarkably thoughtful, constructive, and productive scholar of his (and my) generation, the generation of scholars born around the time that Brown v. Board of Education1 was decided. No one has addressed a wider range of important subjects or made a more substantial contribution to our understanding of law. I have been fruitfully engaging with his scholarship from my first article 2 to my two recent books.3 …

Rewriting Brown, Resurrecting Plessy, James E. Fleming

Faculty Scholarship

It is an honor and a pleasure to ponder Cooper v. AaronI and the legacy of Brown v. Board of Education2 in general and to respond to David A. Strauss's wise and insightful Childress Lecture3 in particular. I want to address three topics. The first two are encapsulated in my title: Rewriting Brown, Resurrecting Plessy. I'll examine the widespread phenomenon of "rewriting Brown." And I'll document what I shall call "resurrecting Plessy": the phenomenon, evident in both liberal and conservative scholarship and opinions, of charging one's opponents with repeating the mistakes of Plessy v. Ferguson.4 I'll illustrate the liberal version …

What Counts As Discrimination In Ledbetter And The Implications For Sex Equality Law, Deborah L. Brake

South Carolina Law Review

No abstract provided.

Notes From A Climate Change Pressure-Cooker: Sub-Federal Attempts At Transformation Meet National Resistance In The Usa, Cinnamon P. Carlarne

Faculty Publications

No abstract provided.

The Availability And Viability Of Socioeconomic Integration Post-Parents Involved, Eboni S. Nelson

Faculty Publications

No abstract provided.

The Case For Tolerant Constitutional Patriotism: The Right To Privacy Before The European Courts, Francesca Bignami

Cornell International Law Journal

No abstract provided.

Street Children And U.S. Immigration Law: What Should Be Done, Laura P. Wexler

Cornell International Law Journal

No abstract provided.

The Mediator As Fugu Chef: Preserving Protections Without Poisoning The Process, Maureen Laflin

Articles

No abstract provided.

Reconstructing Sovereignty: From Control To Responsibility, Eric K. Leonard

Human Rights & Human Welfare

As I stood with a standing-room only crowd last fall at a United Nations University of New York (UNU-ONY) event entitled, "Prevention of Mass Atrocities: From Mandate to Realization," I began to wonder how far the responsibility to protect (R2P) could be stretched. As defined by the UNU-ONY organizers, the purpose of the event was " to explore the work of mass atrocity prevention across the UN system, with a focus on the role of the new Office of the Special Representative for the Prevention of Genocide and Mass Atrocities (SRPGMA)." As I currently look at the international community's response …

Spokane River & Aquifer: An Uncompacte Watershed, Rachael Paschal Osborn

Publications

No abstract provided.

Appellate Practice And Procedure, Robert G. Boliek Jr.

Mercer Law Review

If there is a single watchword for the Eleventh Circuit's decisions in 2007 in the arena of appellate practice and procedure, it is "jurisdiction." The requirement of a "final decision" received particular attention, as did the requirements for perfection of certain interlocutory appeals. The Eleventh Circuit also recognized an additional limitation on its jurisdiction over remand orders in removal cases. Accordingly, the first section of this Article will discuss cases that addressed questions of the Eleventh Circuit's appellate jurisdiction, followed by a section describing two notable cases that addressed the preservation and presentation of error. The final section discusses an …

Bankruptcy, James D. Walker Jr., Amber Nickell

Mercer Law Review

In 2007 the world of bankruptcy law lacked much of the excitement seen in 2005 and 2006. During the previous two years a variety of novel issues and intra-circuit conflicts arose as courts began interpreting the 2005 amendments to the Bankruptcy Code. The pace settled down in 2007 as courts began work that consisted more of refinement than innovation. They tackled the scope of sovereign immunity, the automatic stay, undue hardship for student loan discharge, and the hanging paragraph in § 1325(a). These and other recent developments in Eleventh Circuit bankruptcy law are addressed in this Article.

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

During the 2007 survey period, the United States Court of Appeals for the Eleventh Circuit continued its recent trend of issuing many opinions-most unpublished-regarding employment discrimination. The court rendered eight published decisions concerning Title VII of the Civil Rights Act of 1964 ("Title VLI") and fifteen published opinions generally concerning employment discrimination. Unpublished opinions in this area continued to flourish, however, with at least forty-nine unpublished decisions regarding Title VII and fifty-seven unpublished employment discrimination opinions overall. Clearly, the case that received the most press coverage during the survey period was the United States Supreme Court's decision in Ledbetter v. …

Environmental Law, Travis M. Trimble

Mercer Law Review

In 2007 the Eleventh Circuit interpreted the United States Supreme Court's decision in Rapanos v. United States, regarding the federal government's jurisdiction over waters under the Clean Water Act ("CWA"), and held that in order for federal jurisdiction to exist over a water that is not navigable in fact, the water must have a "significant nexus" with a water that is navigable in fact. Also under the CWA, the court partially reversed a granting of summary judgment to the Florida Department of Environmental Protection, holding that the department had improperly excluded some types of evidence in approving Florida's 2002 …

Intellectual Property, Laurence P. Colton, Nigamnarayan Acharya, Todd Williams, Dana T. Hustins

Mercer Law Review

This Article surveys caselaw developments in the area of intellectual property, including patents, copyrights, and trademarks, relevant to Georgia during the period from January 1, 2007 to December 31, 2007. Intellectual property law comprises several discrete yet overlapping areas of law. The four primary areas of intellectual property law are patent law, trademark law, copyright law, and trade secret law. Because patent law and copyright law are provided for in the United States Constitution, these cases are based in federal law and are litigated in federal courts. Trademark law and trade secret law have both federal3 and state aspects, and …

Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent

Mercer Law Review

The 2007 survey period yielded several noteworthy decisions by the United States Court of Appeals for the Eleventh Circuit relating to federal trial practice and procedure, many of which concerned issues of first impression. This Article analyzes recent developments in the Eleventh Circuit, including significant rulings in the areas of class actions, civil procedure, subject matter jurisdiction, statutory interpretation, and other issues of interest to trial practitioners.

Is Worship A Unique Subject Or A Way Of Approaching Many Different Subjects? Two Recent Decisions That Attempt To Answer This Question Set The Second And Ninth Circuits On A Course Toward State Entanglement With Religion, John Tyler

Mercer Law Review

Does exclusion of worship services from a limited public forum constitute discrimination on the basis of viewpoint or subject matter? Is worship a unique subject matter or a way of expressing views on many different subjects? And if worship is a unique subject matter, what expressive activities fall within that category? In other words, what is the legal definition of worship?

These are the questions that the United States Supreme Court's seminal decision in Good News Club v. Milford Central School left unanswered. Good News Club was a case from New York that involved a constitutional challenge to the local …

Of Defense Lawyers And Pornographers: Pretrial Asset Seizures And The Fourth Amendment, Ricardo J. Bascuas

University of Miami Law Review

No abstract provided.

Jiminy Cricket For The Corporation: Understanding The Corporate Conscience, Colin P. Marks

Faculty Works

Historically, the corporation has evolved since the late eighteenth century from a relative few, specially chartered associations, generally organized to complete projects for the public good to the modern profit-making behemoths of modern America. Along the way, corporations have been subjected to regulation, often in response to public outcry against perceived abuses of power. This corporate evolution has also resulted in a general separation of ownership and control, though that is not to say that corporate mangers act completely free from external pressures such as to make a profit. With regard to the corporate "conscience," though corporations do not have …

July Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

"Armed and Humanitarian" by Bruce Falconer. Mother Jones. May 19, 2008.

Earth Jurisprudence: The Moral Value Of Nature, Judith E. Koons

Faculty Scholarship

As planetary environmental crises advance toward us like an enormous oil spill, the call of Earth Jurisprudence has arisen, suggesting that a shift is necessary in the way that we think about law, governance, and nature. A predicate to rethinking law, however, is to reconsider the moral status of nature. This article posits that, to preserve a healthy planet for future generations of human beings - and for Earth itself - it is necessary to recognize Earth as the center of the moral community. As an ethical endeavor, the article turns the question of the moral status of nature through …

From Court-Surrogate To Regulatory Tool: Re-Framing The Empirical Study Of Employment Arbitration, W. Mark C. Weidemaier

University of Michigan Journal of Law Reform

A growing body of empirical research explores the use of arbitration to resolve employment disputes, typically by comparing arbitration to litigation using relatively traditional outcome measures: who wins, how much, and how quickly. On the whole, this research suggests that employees fare reasonably well in arbitration. Yet there remain sizeable gaps in our knowledge. This Article explores these gaps with two goals in mind. The first and narrower goal is to explain why it remains exceedingly difficult to assess the relative fairness of arbitration and litigation. The outcome research does not account for a variety of 'filtering" mechanisms that influence …

Knowing Which Deanship Is The Right One, R. Lawrence Dessem

Faculty Publications

In this Article, I elaborate on this subject and suggest ways in which the dean candidate can avoid the poor fit that might lead to a deanship that is unsatisfactory, either for her as dean or for the law school that otherwise might hire her. In order to maximize the chance of a good fit between the dean candidate and law school, the candidate should (1) carefully plan her law school dean search; (2) conduct thorough discovery concerning schools of potential interest during the search process; (3) be candid and open during the interview process; and (4) take time to …

Non-Beneficial Pediatric Research And The Best Interest Standard: A Reconciliation, Paul J. Litton

Faculty Publications

Federal efforts beginning in the 1990's have successfully increased pediatric research to improve medical care for all children. Since 1997, the FDA has requested 800 pediatric studies involving 45,000 children. Much of this research is "non-beneficial"; that is, it exposes pediatric subjects to risk even though these children will not benefit from participating in the research. Non-beneficial pediatric research (NBPR) seems, by definition, contrary to the best interests of pediatric subjects, which is why one state supreme court has essentially prohibited it. It also appears that the only plausible rationale for this research is utilitarian, as it risks some children …

Can A Bank Have Its Cake And Eat It Too?: Why Watters V. Wachovia Wrongly Infers Preemption Of State Consumer Protection Laws, Chad D. Ehrenkranz

University of Miami Business Law Review

No abstract provided.

The Application Of Real World Rules To Banks In Online Games And Virtual Worlds, Daniela Rosette

University of Miami Business Law Review

No abstract provided.

A New Argument For Fair Use Under The Digital Millennium Copyright Act, Brandon Grzandziel

University of Miami Business Law Review

No abstract provided.

When Agencies And Families Come Together: Dealing With Conflict In Building Partnerships, Robyn Boustead, Sheryl Schrepf, Huey Chen, Mary Evans, Andrea K. Blanch, Roger A. Boothroyd

Mental Health Law & Policy Faculty Publications

No abstract provided.

The Myth Of The ‘Opportunity To Read’ In Contract Law, Omri Ben-Shahar

Coase-Sandor Institute for Law & Economics Research Paper Series

Standard form contracts in consumer transactions are usually not read by consumers. This "unreadness" of contracts creates opportunities for drafters to engage in unfair trade practices. Various doctrines of contracts and consumer protection law address this concern. One of the prominent solutions coming out of recent proposals for reform is to give individuals a more substantial opportunity to read the contract before manifesting assent. With the greater opportunity to read, more transactors will actually read the terms and assent to the boilerplate will be more "robust." This Essay argues that solutions that focus on providing consumers an opportunity to read …