Law Commons^™

Mel Durchslag - Forever Young, Gary J. Simson

Case Western Reserve Law Review

No abstract provided.

Tax Incentives For Economic Development: Personal (And Pessimistic) Reflections, Edward A. Zelinsky

Case Western Reserve Law Review

No abstract provided.

Municipal Regulation Of Formula Businesses: Creating And Protecting Communities, Patricia E. Salkin

Case Western Reserve Law Review

No abstract provided.

Nonprofit Commercialization Under Bayh-Dole And The Academic Anticommons, Rachael A. Ream

Case Western Reserve Law Review

No abstract provided.

Volume 59 Issue 1 (2008), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

The Death Of Death-Qualification, G. Ben Cohen, Robert J. Smith

Case Western Reserve Law Review

No abstract provided.

Democracy In Practice: Lessons From New England, Madhawa Palihapitiya, Kevin Dye

Massachusetts Office of Public Collaboration Publications

Political decision-making by elites require some form of civilian participation to regain legitimacy. Increasingly groups of Citizens do not trust in political elites and are increasingly frustrated by their behavior. When faced with the problem of diversity, even established democracies face problems of managing diversity. In the global context differences of opinion, culture, religion etc has defined many of the New Wars (Kaldor 1999). In the United States many non-state and semi-governmental organizations have developed programs to increase public knowledge of the legislature and its decision-making processes. The ultimate purpose of this is to exercise some control over state power. …

After The Battle Of The Forms: Commercial Contracting In The Electronic Age, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia Saucedo

McGeorge School of Law Scholarly Articles

No abstract provided.

Boumediene V. Bush, The Great Writ, And The Power To “Say What The Law Is”, Emily Garcia Uhrig

McGeorge School of Law Scholarly Articles

No abstract provided.

Legal Consciousness And Contractual Obligations, Kojo Yelpaala

McGeorge School of Law Scholarly Articles

No abstract provided.

After Natural Law: A Hermeneutic Response To Law’S Quandary, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

Vico's "Ingenious Method" And Legal Education, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

Retooling Law Enforcement To Investigate And Prosecute Entrenched Corruption: Key Criminal Procedure Reforms For Indonesia And Other Nations, Leslie Gielow Jacobs, Benjamin B. Wagner

McGeorge School of Law Scholarly Articles

No abstract provided.

Of Katz And "Aliens": Privacy Expectations And The Immigration Raids, Raquel Aldana

McGeorge School of Law Scholarly Articles

This Article examines privacy rights for noncitizens in the context of the recent immigration raids in peoples' homes and the workplace. The Immigration and Customs Enforcement Office is conducting these raids with general or defective warrants and executes them in a discriminating dragnet-style, mostly against Latinos. The Fourth Amendment, however, provides little protection to immigrants and their families. This Article explores how law's construction of immigrants' illegality interplays with Fourth Amendment doctrines of consent, reasonable expectation of privacy, pretextual stops, and administrative searches to deny immigrants privacy's protection. In addition, the Article explores the spread of immigration databases and the …

Perelman In Legal Education: Recalling The Rhetorical Tradition Of Isocrates And Vico, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

This paper was presented on October 14, 2008 as part of a panel addressing "The Influence of Perelman in Legal Philosophy" at a conference hosted by the Perelman Center for the Philosophy of Law, Free University of Brussels.

I argue that Perelman's philosophy is connected with legal practice, but that he never made the connections between his philosophy and legal education explicit. I refer to the work of Isocrates and Vico, and conclude that Perelman's philosophy can teach us much about contemporary legal education as we strive to address the questions raised by the Carnegie Report.

Counterfeit Pharmaceuticals: An Introduction, Michael S. Mireles Jr.

McGeorge School of Law Scholarly Articles

This introduction provides a brief overview of the Wake Forest Intellectual Property Law Journal’s first Symposium “Counterfeit Pharmaceuticals” which took place in February of 2008. The introduction goes on to provide a brief overview of the topics explored by the Symposium’s distinguished group of speakers and authors.

Criminal Procedure In Perspective, Kit Kinports

Faculty Scholarship

This Article attempts to situate the Supreme Court's constitutional criminal procedure jurisprudence in the academic debates surrounding the reasonable person standard, in particular, the extent to which objective standards should incorporate a particular individual's subjective characteristics. Analyzing the Supreme Court's search and seizure and confessions opinions, I find that the Court shifts opportunistically from case to case between subjective and objective tests, and between whose point of view - the police officer's or the defendant's - it views as controlling. Moreover, these deviations cannot be explained either by the principles the Court claims underlie the various constitutional provisions at issue …

Disability, Equipment Barriers And Women’S Health: Using The Ada To Provide Meaningful Access, Elizabeth Pendo

Articles

It is well-known that people with disabilities face multiple barriers to adequate health care, including lower average incomes, disproportionate poverty, and issues with insurance coverage. This article focuses on a more fundamental barrier-one that has not been discussed in the legal literature-inaccessible medical equipment and its effect on the delivery of women's health care to millions of women with disabilities .

The Current State Of Residential Segregation And Housing Discrimination: The United States' Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, Michael B. De Leeuw, Megan K. Whyte, Dale Ho, Catherine Meza, Alexis Karteron

Michigan Journal of Race and Law

The United States government accepted a number of obligations related to housing when it ratified the International Convention on the Elimination of All Forms of Racial Discrimination ("CERD"). For example, the United States government must ensure that all people enjoy the rights to housing and to own property, without distinction as to race; cease discriminatory actions, including those that are discriminatory in effect regardless of intent; and take affirmative steps to remedy past discrimination and eradicate segregation. This Article discusses the United States government's compliance with those obligations, as well as the importance of meaningful compliance in maintaining the United …

In Defense Of The Indian Child Welfare Act In Aggravated Circumstances, C. Eric Davis

Michigan Journal of Race and Law

The Indian Child Welfare Act (ICWA) affords various protections to Indian families throughout child welfare proceedings. Among them is the duty imposed upon the state to provide rehabilitative services to families prior to the outplacement of an Indian child, or termination of parental rights. An analogous provision for non-Indians in the Adoption and Safe Families Act (ASFA) excuses rehabilitative services in "aggravated circumstances" of child abuse. The ICWA contains no such exception, and that absence has been controversial. In 2002, the Alaska Supreme Court applied ASFA's aggravated circumstances exception to the ICWA, thereby excusing services when a father severely abused …

From Pedagogical Sociology To Constitutional Adjudication: The Meaning Of Desegregation In Social Science Research And Law, Anne Richardson Oakes

Michigan Journal of Race and Law

In the United States following the case of Brown v. Board of Education (1954) federal judges with responsibility for public school desegregation but no expertise in education or schools management appointed experts from the social sciences to act as court advisors. In Boston, MA, educational sociologists helped Judge W. Arthur Garrity design a plan with educational enhancement at its heart, but the educational outcomes were marginalized by a desegregation jurisprudence conceptualized in terms of race rather than education. This Article explores the frustration of outcomes in Boston by reference to the differing conceptualizations of desegregation in law and social science. …

Is A Burrito A Sandwich? Exploring Race, Class, And Culture In Contracts, Marjorie Florestal

Michigan Journal of Race and Law

A superior court in Worcester, Massachusetts, recently determined that a burrito is not a sandwich. Surprisingly, the decision sparked a firestorm of media attention. Worcester, Massachusetts, is hardly the pinnacle of the culinary arts-so why all the interest in the musings of one lone judge on the nature of burritos and sandwiches? Closer inspection revealed the allure of this otherwise peculiar case: Potentially thousands of dollars turned on the interpretation of a single word in a single clause of a commercial contract. Judge Locke based his decision on "common sense" and a single definition of sandwich-"two thin pieces of bread, …

Intellectual Property At The Intersection Of Race And Gender: Lady Sings The Blues, K.J. Greene

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Hidden Harms Of The Family And Medical Leave Act: Gender-Neutral Versus Gender-Equal, Deborah J. Anthony

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Avalanche Or Undue Alarm? An Empirical Study Of Subpoenas Received By The News Media, Ronnell Anderson Jones

Utah Law Faculty Scholarship

For more than 30 years, proponents and opponents of a federal reporter's shield law have debated the necessity of a privilege for members of the news media and have disagreed sharply about the frequency with which subpoenas are issued to the press. Most recently, in the wake of several high-profile contempt cases, proponents have pointed to a perceived "avalanche" of subpoenas, while opponents have contended that the receipt of subpoenas by reporters remains very rare. This article summarizes the results of an empirical study on the question. The study gathered data on subpoenas received by daily newspapers and network-affiliated television …

Introduction, Arthur S. Leonard

Articles & Chapters

No abstract provided.

Stripping Judicial Review During Immigration Reform: The Certificate Of Reviewability, Jill E. Family

Nevada Law Journal

Congress contemplated a drastic change during the 2005-2006 immigration reform debate that sought to narrow access to the federal courts: a proposed certificate of reviewability requirement. The requirement would compel foreign nationals subject to an administrative removal order to obtain permission from a single federal court of appeals judge to access the federal courts. The U.S. House of Representatives endorsed the requirement, but the U.S. Senate dropped it from its slate of immigration reform priorities. Why did the requirement disappear from the Senate’s agenda during an era of increased congressional restrictions on judicial review of immigration cases?

A definitive answer …

"All The News That's Fit To Print": The New York Times, "Yellow" Journalism, And The Criminal Trial 1892-1902, Trevor D. Dryer

Nevada Law Journal

The study of criminal trials during the late 1890s and early 1900s has largely focused on the nature of the criminal justice “system,” but little research has been done on the interaction of the press and the criminal courts and how each institution influenced the other. With “yellow” journalism at its height, the press during this era was eager to cover murder trials, especially ones with bizarre facts, gory details, or sympathetic defendants. Examination of the criminal trial through the lens of the press yields two unexpected insights. First, while not traditionally labeled as “yellow,” the New York Times’ murder …

The Demise Of Fourth Amendment Standing: From Standing Room To Center Orchestra, Nadia B. Soree

Nevada Law Journal

No abstract provided.