Law Commons^™

Megacases, Diversity, And The Elusive Goal Of Workplace Reform, Nancy Levit

Faculty Works

Employment discrimination class action suits are part of a new wave of structural reform litigation. Like their predecessors - the school desegregation cases in the 1950s, the housing and voting inequalities cases in the 1960s, prison conditions suits in the 1970s, and environmental lawsuits since then - these are systemic challenges to major institutions affecting large segments of the public. This article explores the effectiveness of various employment discrimination remedies in reforming workplace cultures, promoting corporate accountability, and implementing real diversity.

Reviewing the architecture and aftermath of consent decrees in five major employment discrimination cases - the cases against Shoney's, …

Recent Developments Affecting The Enforcement, Procurement, And Licensing Of Research Tool Patents, Joshua D. Sarnoff, Christopher M. Holman

Faculty Works

A vigorous discussion exists regarding the need to provide exclusive patent rights as incentives to invent and to disclose so-called "research tools," whether such exclusive rights should apply to all uses and users of patented research tools, and whether exclusive rights to prohibit all uses of research tools would unduly discourage sequential invention. This article summarizes recent developments under U.S. patent laws of particular relevance to the debate over the patenting of research tools, and provides some insights into the practices of various academic sciences, industries, and government agencies regarding the treatment of these important inventions. The article provides a …

Incrementalism, Comprehensive Rationality, And The Future Of Gun Control, Allen K. Rostron

Faculty Works

This article examines the issue of gun control through the lens of the 'comprehensive rationality' and 'incrementalism' models of policymaking and argues that incremental policymaking has been one of the major impediments to progress toward more effective regulation of guns. Gun laws are often an incoherent patch-work of provisions as new restrictions are piled atop old ones in response to particular tragedies or narrow concerns, instead of crafting bills to achieve an optimal approach to the entire problem. Political science and other social sciences literature has closely examined the 'incrementalism' and 'comprehensive rationality' models of policymaking over the past several …

Can Do: Training Lawyers To Be Effective Counselors To Entrepreneurs, Anthony J. Luppino

Faculty Works

This Report is the result of a grant to the University of Missouri-Kansas City from the Ewing Marion Kauffman Foundation to research and describe current methods of training law students and lawyers destined to represent entrepreneurs, and to identify promising pedagogy in pursuit of the goal of educating effective counselors to entrepreneurial clients. Entrepreneurs clearly need help in dealing with a multitude of increasingly complex laws and regulations. They may also require counsel in obtaining financing and negotiating their transactions, within the bounds of the applicable rules, to achieve their goals. The research reflected in this Report indicates that there …

Falwell V. Flynt Trial, 1984, Douglas O. Linder

Faculty Works

Asked about his first sexual experience by an interviewer, Reverend Jerry Falwell said, "I never really expected to make it with Mom, but then after she showed all the other guys in town such a good time, I thought 'What the hell!'" Falwell went on to describe a a Campari-fueled sexual encounter with his mother in an outhouse near Lynchburg, Virginia. Neither the incestuous sex nor the interview ever happened, of course. They sprang from the imagination of a parody writer for Hustler Magazine. When the Campari parody ad appeared in the November 1983 issue of Hustler, the founder of …

Introduction, Mark Modak-Truran

MC Law Review

Symposium on Religion, Religious Pluralism, and the Rule of Law: Introduction

Religion And Political Pluralism, Robin W. Lovin

MC Law Review

Symposium on Religion, Religious Pluralism, and the Rule of Law

Beyond Theocracy And Secularism (Part I): Toward A New Paradigm For Law And Religion, Mark Modak-Truran

MC Law Review

Symposium on Religion, Religious Pluralism, and the Rule of Law

Table Of Contents-Issue 2, Mc Law

MC Law Review

Table of Contents - Issue 2

Illuminating Justice Marshall's Death Penalty Jurisprudence Via The Prism Of Dynamic Constitutionalism, Saby Ghoshray

MC Law Review

Justice Thurgood Marshall: Exploring the Life and Legacy of One of America's Most Celebrated Jurists

Giving The International Court Of Justice The Cold Shoulder: The Impact Of Sanchez-Llamas V. Oregon On The United States International Relations, Katrina Lynn Dannheim

MC Law Review

Note

Defining Employer Liability In Sexual Harassment And Title Vii Retaliation Claims: The Supreme Court Creates The Same Problem Twice, Thomas J. Hook Jr.

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Navigating The Waters Of Massachusetts Child Relocation Law: Assessing The Application Of The Real Advantage Standard, Amie J. Tracia

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Abuse Prevention Orders And Juveniles: Change In Needed To Protect Defendant Juveniles For Extra-Statutorily Issued Restraining Orders, Sean Stentiford

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Next Generation Of Sexual Conduct: Expanding The Protective Reach Of Rape Shield Laws To Include Evidence Found On Myspace, Leah Dasilva

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Vindicating The Public Interest: The Public Law Implications Of Attorneys' Fee Restrictions In Class Actions, Andrew D. Thibedeau

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Possibility Of Plain Meaning: Wittgenstein And The Contract Precedents, Val D. Ricks

Cleveland State Law Review

Pacific Gas & Electric Co. v. G.W. Thomas Drayage & Rigging Co and In re Soper's Estate claim that plain meaning in contract law is impossible. This claim is left irrefuted in the casebooks and contract law literature, Part I notes, and in most teaching of contract law. The consequence is that students are taught that plain meaning is impossible. A startling implication of this conclusion, as Part I explains, is that the majority of U.S. courts, which hold to the plain meaning rule, are relying on a fiction. But the claim that plain meaning is impossible is false, as …

Holding Nature Responsible: The Natural Conditions Exception To Water Quality Standards Of The Clean Water, Shimshon Balanson

Cleveland State Law Review

Part I provides a background to the Clean Water Act (“CWA”), including a brief review of its history, structure, and the development of water quality standards. The analysis in Part II.A explores the states' responsibilities in compiling a list of impaired water under CWA § 303(d), while Part II.B reviews the evolution of the “natural conditions” exception in case law, state regulation, and EPA policy and guidance. Part II.C evaluates the validity of the “natural conditions” exception from three frameworks—scientific, public policy, and legal—and raises serious questions as to whether deviatory water quality standards cohere with the principles and purposes …

Uncertainty, Reliance, Preliminary Negotiations And The Hold Up Problem, Juliet P. Kostritsky

Faculty Publications

Recently, two scholars, Alan Schwartz and Robert Scott, have cast doubt on the conventional view that courts would find liability and award reliance damages in precontractual cases that resembled the famous Hoffman v. Red Owl case. They have argued that courts deny recovery for reliance in cases involving precontractual preliminary negotiation but regularly grant reliance recovery following a preliminary agreement. They identify a pattern or sequence in which success is likely and then provide an analytical framework to justify liability. When parties reach a preliminary agreement that also includes an agreement that they both invest simultaneously and one party strategically …

An Empirical Examination Of Product And Litigant-Specific Theories For The Divergence Between Nafta Chapter 19 And U.S. Judicial Review, Juscelino F. Colares

Faculty Publications

Empirical analysis of NAFTA panel review has shown that panels reverse US agency trade remedy determinations twice as often as US courts. Recent studies have eliminated case selection and other hypotheses as potential explanations for this divergence. In this article, Probit regressions show that case docket differences, such as type of import or litigant identity, also cannot account for this discrepancy. As NAFTA panels must apply the same law and standards of review as the US courts they replace, this divergence presents serious questions regarding US Congressional acquiescence to the operation of NAFTA panels and encourages discussion of the role …

Nontestimonial Identification Orders For Dna Testing, Paul C. Giannelli

Faculty Publications

No abstract provided.

Representing Clients In Mediation: A Twenty-Question Preparation Guide For Lawyers, Karen K. Klein

North Dakota Law Review

No abstract provided.

Why The "Single Entity" Defense Can Never Apply To Nfl Clubs: A Primer On Property-Rights Theory In Professional Sports, Marc Edelman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Brief Of The National Association Of Women Lawyers As Amicus Curiae In Support Of Petitioners, Fitzgerald V. Barnstable Sch. Comm., 555 U.S. 246 (Supreme Court Of The United States 2009) (No. 07-1125), Lisa Horowitz, Margaret Drew, Beth Kaufman, Mary Nagel, Joanne Hodge

Court Documents and Proposed Legislation

No abstract provided.

From The Rat To The Mouse: How Secondary Picketing Laws May Apply In The Computer Age, Thomas Moyher, Robert T. Szyba

Hofstra Labor & Employment Law Journal

No abstract provided.

A Lower "Salt" Content For Employers, Katie A. Mabanta, Alyson B. Skloot

Hofstra Labor & Employment Law Journal

No abstract provided.

Constitutional Viability Of The Employee Free Choice Acts's Interest Arbitration Provision, Philip B. Rosen, Richard I. Greenberg

Hofstra Labor & Employment Law Journal

No abstract provided.

Federalism's False Hope: How State Civil Rights Laws Are Systematically Under-Enforced In Federal Forums (And What Can Be Done About It), Steven Andrew Smith, Adam Hansen

Hofstra Labor & Employment Law Journal

No abstract provided.

A Subjective Approach To Contracts?: How Courts Interpret Employee Handbook Disclaimers, Natalie Bucciarelli Pedersen

Hofstra Labor & Employment Law Journal

Although employment law in America generally operates under the presumption that employment for an unspecified term is at-will, recently courts have been creating exceptions to this rule in order to afford employees more legal protections. This paper will focus on the judicially created handbook exception under which courts find that an employee handbook can be contractually binding on an employee and, therefore, may transform an employment relationship from one that is at-will to one that is for-cause. Specifically, the paper will examine cases where courts have analyzed employee handbooks which include a disclaimer enunciating that the handbook is, indeed, not …

Knowing When To Keep Quiet: Weingarten And The Limitations On Representative Participation, Jodie Meade Michalski

Hofstra Labor & Employment Law Journal

No abstract provided.