Law Commons^™

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 …

Disadvantages Of Immigration Restriction As A Policy To Improve Income Distribution, The, Howard F. Chang

SMU Law Review

No abstract provided.

Civil Evidence, Angela C. Zambrano, Margaret H. Allen, John O'Connor

SMU Law Review

No abstract provided.

Piercing The Veil Of A Texas Limited Liability Company: How Limited Is Member Liability?, Natalie Smeltzer

SMU Law Review

No abstract provided.

Volume 58 Issue 3 (2008), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Symposium: Common Law Environmental Protection - Introduction, Jonathan H. Adler, Andrew P. Morriss

Case Western Reserve Law Review

No abstract provided.

Note Of The Year: The Tax Ramifications Of Catching Home Run Baseballs, Michael Halper

Case Western Reserve Law Review

No abstract provided.

Random Drug Testing, Henry L. Chambers, Jr.

Law Faculty Publications

Random drug testing coexists uneasily with a general Fourth Amendment right to be free of suspicionless government searches. Typically, a governmental search is accompanied by a warrant supported by individualized suspicion, that is, probable cause. Random drug testing involves a search without any particularized suspicion that the subject of the search has used drugs.

St. George Tucker, William Hamilton Bryson

Law Faculty Publications

An encyclopedia entry on St. George Tucker's practice at the bar and how his distinction as a lawyer led to his appointment to the ,General Court of Virginia on January 4, 1788. On January 6, 1804, he was elevated to the Court of Appeals of Virginia.

Opening Remarks To “No Place To Live: The Housing Crisis Facing Youth Aging-Out Of Foster Care,” A National Symposium Hosted By The Child Advocacy Clinic Of St. John’S School Of Law, March 28, 2008, Dale Margolin Cecka

Law Faculty Publications

Across the country, everyone is talking about a “housing crisis.” For youth who age out of foster care, just finding a place to sleep each night is a struggle. We know that nationally, 54% of recently aged-out youth are homeless or unstably housed. In addition, these youth face higher rates of unemployment, under-education, teen pregnancy, and incarceration. We are gathered here today to address the unique and dire housing needs of youth aging of foster care. I would usually begin a Symposium like this with a story of a young person’s plight, an illustration of the injustices this population faces. …

Life And Death Decisions: Prosecutorial Discretion And Capital Punishment In Missouri, Katherine Y. Barnes, David L. Sloss, Stephen C. Thaman

All Faculty Scholarship

This article presents the results of an empirical study of intentional homicide cases in Missouri. The authors created a database of 1046 cases; it includes substantially all of the homicide cases prosecuted in Missouri over a five year period that were initially charged as murder or voluntary manslaughter and that yielded criminal convictions. The authors selected 247 cases from the larger database for more detailed analysis. We analyzed geographic and racial disparities in the rates at which: prosecutors charge first-degree murder versus lesser charges; prosecutors seek the death penalty, not lesser punishments; defendants are convicted of first-degree murder versus lesser …

'The Devil Is In The Details': A Continued Dissection Of The Constitutionality Of Faith-Based Prison Units, Lynn S. Branham

All Faculty Scholarship

Faith-based prison units can afford prisoners who choose to be housed in them the concentrated and sustained spiritual nourishment that they believe they need to grow spiritually or in other ways. But critics claim that these units abridge the Establishment Clause. This Article debunks two of the arguments most frequently asserted against the constitutionality of faith-based units. The first is that prisoners cannot exercise a "true private choice" in the "inherently coercive" environment of a prison to live in such a unit. But court decisions confirm that confinement does not abnegate the voluntariness of other decisions made by prisoners, such …

Review Of Jonathan Baron, Against Bioethics, Chad Flanders

All Faculty Scholarship

This is a short review of a recent book by Jonathan Baron, entitled "Against Bioethics."

Civil Procedure: Pre-Trial And Trial, Donald Colleluori, Gary D. Eisenstat, Bill E. Davidoff

SMU Law Review

No abstract provided.

Who Signs The Checks - Groff V. United States, Dustin Appel

Journal of Air Law and Commerce

No abstract provided.

Labor Law - Tenth Circuit Misperceives And Misapplies The Purposes Of The Family And Medical Leave Act, A Decision Leaving Airline Pilots Without The Act's Protections: Knapp V. America West Airlines, Inc., Jeff Orkin

Journal of Air Law and Commerce

No abstract provided.

A Flight Plan Towards Financial Stability - The History And Future Of Foreign Ownership Restrictions In The United States Aviation Industry, Bimal Patel

Journal of Air Law and Commerce

No abstract provided.

Trademark Law - Determining A Likelihood Of Confusion - The Southern District Of New York Improperly Denies Preliminary Injunction Due To Its Misconstruction Of The Relevant Standard And Misapplication Of The Polaroid Factors, Johnson Kuncheria

Journal of Air Law and Commerce

No abstract provided.