Law Commons^™

Book Review: Mac Os X, Ipod, And Iphone Forensic Analysis Dvd Toolkit, Gary C. Kessler

Journal of Digital Forensics, Security and Law

Apple's hold on the personal computer marketplace started dwindling on August 12, 1981, the day that the IBM PC was introduced. As an Apple ][+ bigot myself, I refused to touch a PC for some years. But I was also a command line bigot, so when the first Macintosh was introduced in 1983 and hermetically sealed the operating system from users, I did not go out and buy one. In fact, like many of my era, I did eventually end up on the PC side which, ironically, let me do many of the things that my trusty Apple ][+ had …

Public Pension Funds As Shareholder Activists: A Comment On Choi And Fisch, Randall S. Thomas

Vanderbilt Law Review En Banc

No abstract provided.

Theodore Price Roberts A Tribute To Professor Theodore P. Roberts, David Swank

Other Faculty Publications

No abstract provided.

International Litigation: The U.S. Jurisdiction To Prescribe And The Doctrine Of Forum Non Conveniens, Allan I. Mendelsohn

Journal of Air Law and Commerce

No abstract provided.

Can Big Brother Watch You - The Implications Of The Department Of Homeland Security's Proposed National Applications Office For Fourth Amendment Protections, Melissa Deal

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law, Jonathan E. Demay

Journal of Air Law and Commerce

No abstract provided.

Does The Tsa Have Stage Fright - Then Why Are They Picturing You Naked, Julie Solomon

Journal of Air Law and Commerce

No abstract provided.

A Wolf In Wolf's Clothing - Other Incident Evidence In Aviation Litigation, Jonathan R. Friedman, Matthew S. Knoop

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

The Itar Treaty And Its Implications For U.S. Space Exploration Policy And The Commercial Space Industry, P. J. Blount

Journal of Air Law and Commerce

No abstract provided.

Fourth Amendment - The Ninth Circuit Court Allows The Government To Read International Airmail Absent A Warrant: United States V. Seljan, Nicole Tong

Journal of Air Law and Commerce

No abstract provided.

Quas Primas And The Economic Ordering Of Society For The Social Reign Of Christ The King; A Third Perspective On The Bainbridge/Sargent Law And Economics Debate, Brian Mccall

Faculty Articles

How can it be that respected Catholic legal scholars can reach seemingly opposite conclusions about “Law and Economics?” Stephen Bainbridge has argued that both the descriptive and normative aspects of the Law and Economics movement are consistent with and even demanded by the Catholic understanding of the nature of the human person in a fallen world and our historical experience with totalitarian regimes. Mark Sargent, on the other hand, argues that at least the normative, and perhaps aspects of the descriptive, side of Law and Economics are not completely consistent with the nature and purpose of the human being as …

The Power Of Privilege And The Attorney-Client Privilege Protection Act: How Corporate America Has Everyone Excited About The Emperor's New Clothes, Liesa L. Richter

Faculty Articles

No abstract provided.

The Other Delegate: Judicially Administered Statutes And The Nondelegation Doctrine, Margaret H. Lemos

Faculty Scholarship

The nondelegation doctrine is the subject of a vast and everexpanding body of scholarship. But nondelegation literature, like nondelegation law, focuses almost exclusively on delegations of power to administrative agencies. It ignores Congress's other delegate-the federal judiciary.

This Article brings courts into the delegation picture. It demonstrates that, just as agencies exercise a lawmaking function when they fill in the gaps left by broad statutory delegations of power, so too do courts. The nondelegation doctrine purports to limit the amount of lawmaking authority Congress can cede to another institution without violating the separation of powers. Although typically considered only with …

Katrina, Feminism, And Environmental Justice, Robert R.M. Verchick

Cardozo Journal of Equal Rights & Social Justice

The article examines the disproportionate impact of Hurricane Katrina on marginalized communities, particularly African Americans and women, through the lens of feminist theory and environmental justice. It argues that the disaster's effects were not random but rather the result of systemic inequalities rooted in race, gender, and class. The analysis emphasizes the need to address these disparities in disaster response and recovery policies to ensure justice and equity for all.

Reinventing Eugenics: Reproductive Choice And Law Reform After World War Ii, Mary Ziegler

Cardozo Journal of Equal Rights & Social Justice

The article argues that eugenic ideologies did not disappear from American law after World War II but instead evolved and were repackaged in response to shifting political and social norms. While the association with Nazi practices led to the decline of overtly coercive eugenic laws, eugenic principles persisted through new strategies, such as voluntary sterilization and population control initiatives. The article contends that the concept of reproductive choice became a key tool for redefining eugenic goals, allowing them to influence law and policy in more subtle ways.

Lifting The Veil: Women And Islamic Law, Christie S. Warren

Cardozo Journal of Equal Rights & Social Justice

The article explores whether Islamic law can reconcile its teachings with the rights of women, highlighting the Prophet Muhammad's respectful treatment of women while examining the current disparities in women's rights in various Muslim-majority countries. It argues that while Islamic law has the potential to support gender equality, historical and cultural interpretations have often led to discrimination against women. The article suggests that reform is possible through reinterpretation of Islamic sources and increased female participation in legal scholarship.

Creating A Proper Incentive Structure: A Case Study Of Ledbetter V. Goodyear Tire & Rubber Co., Young Eun Lee

Cardozo Journal of Equal Rights & Social Justice

The note examines the Ledbetter v. Goodyear Tire & Rubber Co. case, highlighting the tension between procedural rules and fairness in employment discrimination claims. The Supreme Court's decision, which dismissed Lilly Ledbetter's pay discrimination claim as time-barred, underscores the challenges of balancing procedural timelines with the realities of identifying and addressing discrimination. The ruling, criticized for its strict interpretation of the 180-day filing period, led to legislative reforms like the Lily Ledbetter Fair Pay Act. The case emphasizes the need for clear employer policies and proactive measures to address pay disparities while ensuring employees can seek justice without undue delay.

Amending The Massachusetts Parental Notification Statute, Yuval Simchi-Levi

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Massachusetts Parental Notification Statute, enacted in 1996, should be amended to explicitly permit public schools to teach about sexual orientation in the context of promoting tolerance without requiring parental notification. The statute's ambiguity regarding whether such discussions fall under "human sexual education or human sexuality issues" has led to hesitation among schools and legal challenges. The author contends that clarifying the statute would align it with Massachusetts' commitment to diversity and tolerance, as reflected in court rulings like Goodridge v. Department of Public Health.

Lesbian, Gay, Bisexual, And Transgender Youth In The Juvenile Justice System: Incorporating Sexual Orientation And Gender Identity Into The Rehabilitative Process, Heather Squatriglia

Cardozo Journal of Equal Rights & Social Justice

The note argues that the juvenile justice system must integrate the sexual orientation and gender identity of LGBT youth into their rehabilitative process. It emphasizes that these youth face unique challenges, including harassment, rejection, and discrimination, which often lead to their involvement in the juvenile justice system. The system's failure to address these issues undermines its rehabilitative goals, necessitating specialized programming and support to ensure these youth can develop into healthy, contributing adults.

The Electronic Workplace, Ann C. Hodges

Law Faculty Publications

The American workplace of the twenty-first century is in the midst of a vast transformation not unlike the Industrial Revolution of the late nineteenth century. The United States has moved from a manufacturing-based economy to a knowledge-based economy. This new era has been variously denominated the Technological Revolution, the Electronic Revolution, or the Digital Revolution. Thomas Friedman has described the transformative change as a flattening of the world. Historians will almost certainly have a name for this monumental change in the economy, which, of course, is affecting not only the United Sttttes but many other countries in the world as …

Alternative State Remedies In Constitutional Torts, John F. Preis

Law Faculty Publications

In recent years, a subtle shift in constitutional tort doctrine has quietly begun to take root. In Bivens actions, the Supreme Court has recently implied that constitutional tort plaintiffs must seek relief under state law when it is available, rather than invoke their federal constitutional rights. This marks a dramatic change from past practices. For much of the twentieth century, a central premise in the constitutional tort field has been that the federal remedy is "supplementary" to the state remedy; constitutional tort plaintiffs have therefore been permitted to seek a remedy under federal law without regard to the availability of …

Virginia Law: It’S Online, But Should You Use It?, Timothy L. Coggins

Law Faculty Publications

A judge asks you to present her with a copy of the Virginia Code section you are referencing in court, or she asks you to provide a copy of the Supreme Court of Virginia opinion you cited. You used Virginia state government websites to find both the code section and the court opinion. This is easy, right? You give her the copy of what you found online. But could there be a problem? Is the court opinion that you retrieved from the court website considered an official version of the court opinion? Has the Virginia Code section that you provided …

Fda Regulatory Compliance Reconsidered, Carl W. Tobias

Law Faculty Publications

Many observers consider the Food and Drug Administration (FDA) vital for the protection of consumer health and safety. One hundred years ago, Congress established the entity that would become the FDA and authorized it to regulate foods and drugs, critical responsibilities that the agency has long discharged carefully. Throughout the past century, the FDA's regulatory power has expanded systematically, albeit gradually, while legislatures and courts in the fifty American jurisdictions broadened liability exposure for manufacturers that sold defective products that injured consumers. Observers have recently criticized the agency for overseeing pharmaceuticals too leniently, even as states increasingly narrowed manufacturers' liability …

Arthur Andersen And The Temple Of Doom, Jeffrey S. Kinsler

Law Faculty Scholarship

The story of Nancy Temple ("Temple") and Arthur Andersen ("Andersen") is infamous in legal ethics. Temple was the in-house lawyer that advised Andersen's employees to shred documents on the eve of the Security and Exchange Commission's ("SEC") investigation of Enron Corporation ("Enron"). Temple's advice triggered a string of events that culminated in the needless demise of America's fifth-largest accounting firm. By contrast, my Arthur Andersen story is unknown, until now that is. In late 1999, I was offered the position on Andersen's in-house staff that Temple ultimately accepted. I declined the offer, for I suspected that Andersen was not seeking …

Annual Survey Of Virginia Law: Administrative Law, John Paul Jones

Law Faculty Publications

This article selects from developments since May of 2007 in the law of Virginia pertaining to the work of administrative agencies state and local, as well as access to their meetings and information in their custody. Elsewhere in this issue of the Annual Survey can be found reports of developments in the laws these agencies are bound to carry out.

On Federalism, Freedom, And The Founders' View Of Retained Rights - A Reply To Randy Barnett, Kurt T. Lash

Law Faculty Publications

In A Textual-Historical Theory of the Ninth Amendment, 60 Stanford Law Review, I explain how some of the most common theories of the Ninth Amendment either have nothing to do with the actual text of the Amendment or place the text in conflict with similar terms in the Tenth Amendment. Focusing on the actual words of the Amendment, I argue that the text of the Ninth point towards a federalist rule of construction in which the people's retained rights are necessarily left to the control of the collective people in the several states. I also explain how this reading fits …

Family Model And Mystical Body: Witnessing Gender Through Political Metaphor In The Early Modern Nation-State, Allison Anna Tait

Law Faculty Publications

The preferred political metaphor in the constitutionalist context was the mystical political body, a concept that defined a system in which power was shared and the well-being of the community was linked to the well-being of the individual. Within the mystical political body, the theoretical possibility exists for women not only to occupy a civic space through organic (and organological) association but also to articulate their perspective and its consequences for the political community in a civically approved way. In the mystical body, women approach a citizenship status impossible within the traditional family framework and their witnessing is closely associated …

Introductory Note To The International Court Of Justice: Request For Interpretation Of The Judgment In The Case Concerning Avena And Other Mexican Nationals, Chiara Giorgetti

Law Faculty Publications

On July 16, 2008, the International Court of Justice ("ICJ" or "the Court") issued its Order On the Request for the Indication ofProvisional Measures ("Order"),1 granting Mexico's request demanding the United States, inter alia, to take all necessary measures to ensure that certain named individuals are not executed pending the judgment on the Request for Interpretation of the Judgment of 31 March 2004 in the Case Concerning Avena and Other Mexican Nationals (Mexico v. United States of America)?

This is a complex and interesting decision for several reasons. First, it continues to examine the applicability and enforceability of individual rights …

Dear President Bush: Leaving A Legacy On The Federal Bench, Carl W. Tobias

Law Faculty Publications

The appointments of Chief Justice John Roberts and Justice Samuel Alito were milestones in your stated quest to transform the courts. Appreciating that a critical duty assigned to the president by the Constitution is nominating and, with Senate advice and consent, appointing judges, you vowed to recommend "strict constructionists." Selection has enhanced importance, given modern perceptions that judges are essentially the final arbiters of societal disputes, including such questions as terrorism and affirmative action. The Hamdan v. Rumsfeld and Grutter v. Bollinger opinions as well as the public school desegregation and Schiavo litigation trenchantly illuminate those notions.

You can still …