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Articles 1 - 30 of 52
Full-Text Articles in Law
The Bursting Of The Pedigree Bubble, William D. Henderson
The Bursting Of The Pedigree Bubble, William D. Henderson
Articles by Maurer Faculty
No abstract provided.
A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada (Aa), Gabrielle L. Goodwin
A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada (Aa), Gabrielle L. Goodwin
Articles by Maurer Faculty
In EEOC v. Lee's Log Cabin, the Seventh Circuit followed the Supreme Court precedent of the last decade that has increasingly narrowed the determination of what constitutes a disabled individual under the Americans with Disabilities Act. In 2008, Congress passed the ADA Amendments Act in an attempt to restore the ADA to its original purpose and the original vision of the ADA's drafters and supporters. Whether these amendments will produce dramatic changes in the way the administrative agencies and courts apply the ADA remains to be seen. Nonetheless, the only way the ADA or its amendments will successfully protect against …
Men And Women Of The Bar: The Impact Of Gender On Legal Careers, Kenneth Glenn Dau-Schmidt, Marc Galanter, Kaushik Mukhopadhaya, Kathleen E. Hull
Men And Women Of The Bar: The Impact Of Gender On Legal Careers, Kenneth Glenn Dau-Schmidt, Marc Galanter, Kaushik Mukhopadhaya, Kathleen E. Hull
Articles by Maurer Faculty
In this study, we use the University of Michigan Law School Alumni Data Set to undertake an empirical analysis of the impact of gender on the legal profession and the differences that gender makes in the careers and lives of attorneys. With regular survey responses from Michigan alumni from 1967 until the present, the University of Michigan Law School Alumni Data Set provides a unique opportunity to examine these questions from the days when female attorneys were rare, to the arrival of the first generation of women to achieve significant presence in the legal profession.
Reclaiming International Law From Extraterritoriality, Austen L. Parrish
Reclaiming International Law From Extraterritoriality, Austen L. Parrish
Articles by Maurer Faculty
A fierce debate ensues among leading international law theorists that implicates the role of national courts in solving global challenges. On the one side are scholars who are critical of international law and its institutions. These scholars, often referred to as Sovereigntists, see international law as a threat to democratic sovereignty. On the other side are scholars who support international law as a key means of promoting human and environmental rights, as well as global peace and stability. These scholars are the 'new' Internationalists because they see non-traditional, non-state actors as appropriately enforcing international law at the sub-state level. The …
Enabling After-Arising Technology, Kevin Emerson Collins
Enabling After-Arising Technology, Kevin Emerson Collins
Articles by Maurer Faculty
No abstract provided.
Establishing Public Health Security In A Postwar Iraq: Constitutional Obstacles And Lessons For Other Federalizing States, David P. Fidler, Kumanan Wilson, Christopher W. Mcdougall, Harvey Lazar
Establishing Public Health Security In A Postwar Iraq: Constitutional Obstacles And Lessons For Other Federalizing States, David P. Fidler, Kumanan Wilson, Christopher W. Mcdougall, Harvey Lazar
Articles by Maurer Faculty
The public health consequences of the conflict in Iraq will likely continue after the violence has subsided. Reestablishing public health security will require large investments in infrastructure and the creation of effective systems of governance. On the question of governance, the allocation of powers in the new constitution of Iraq is critical. Given the ease with which public health threats cross borders, the constitution needs to grant to the federal government the legal authority to manage such threats and simultaneously meet international requirements. Unfortunately, the draft constitution does not accomplish this objective. If politically possible, the constitution should be amended …
In Defense Of Conservation Easements: A Response To The End Of Perpetuity, W. William Weeks, Nancy A. Mclaughlin
In Defense Of Conservation Easements: A Response To The End Of Perpetuity, W. William Weeks, Nancy A. Mclaughlin
Articles by Maurer Faculty
No abstract provided.
The Effects Of Booker On Inter-Judge Sentencing Disparity, Ryan W. Scott
The Effects Of Booker On Inter-Judge Sentencing Disparity, Ryan W. Scott
Articles by Maurer Faculty
No abstract provided.
Indiana's Latest Study Of The Legal Needs Of The Poor, Amy Applegate, Monica A. Fennell
Indiana's Latest Study Of The Legal Needs Of The Poor, Amy Applegate, Monica A. Fennell
Articles by Maurer Faculty
No abstract provided.
Child Support And (In)Ability To Pay: The Case For The Cost Shares Model, Pamela Foohey
Child Support And (In)Ability To Pay: The Case For The Cost Shares Model, Pamela Foohey
Articles by Maurer Faculty
Currently enacted child support guidelines primarily focus on maintaining children's economic well-being when a single household is split into two. This article argues that this focus discounts another consideration which, when combined with the current analysis, could further advance children's well-being: the ability of parents to pay. An analysis of payment characteristics demonstrates that lower child support obligations may increase the amount of child support paid on average. Lowering presumptive obligations will make lower-income parents better able and more likely to pay their obligations, thereby increasing the amount of child support paid to lower-income children, while at most only marginally …
Updating Data Protection: Part I -- Identifying The Objectives, Fred H. Cate
Updating Data Protection: Part I -- Identifying The Objectives, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
Who Is A Parent?, Michelle M. Botek, Dorothy R. Fait, Jillian L. Dilaura
Who Is A Parent?, Michelle M. Botek, Dorothy R. Fait, Jillian L. Dilaura
Articles by Maurer Faculty
No abstract provided.
Territory, Territoriality, And The Resolution Of Jurisdictional Conflict, Hannah L. Buxbaum
Territory, Territoriality, And The Resolution Of Jurisdictional Conflict, Hannah L. Buxbaum
Articles by Maurer Faculty
No abstract provided.
After The Revolution: Global Health Politics In A Time Of Economic Crisis And Threatening Future Trends, David P. Fidler
After The Revolution: Global Health Politics In A Time Of Economic Crisis And Threatening Future Trends, David P. Fidler
Articles by Maurer Faculty
In 2008, global health’s political revolution, which unfolded over the preceding 10-15 years, ended when four global crises damaged global health and altered the political, diplomatic, and governance contexts in which global health activities operate. The climate change, energy, food, and economic crises revealed limitations in global health’s ability to shape large-scale political, economic, and environmental problems that adversely affect health or harm underlying determinants of health. In addition, projected trends in world affairs potentially threaten health and the ability of countries to craft effective collective action responses to global problems damaging health directly and indirectly. In the post-revolution period, …
Interrogation And Silence: A Comparative Study, Craig M. Bradley
Interrogation And Silence: A Comparative Study, Craig M. Bradley
Articles by Maurer Faculty
This article examines interrogation practices in detail in three systems: the American, the English (and Welsh), and the Canadian while also discussing rules from various other countries. It considers when the Miranda-type warnings (required in all three systems) must be given and when suspects will be deemed to have waived their rights. This article further discusses how reliability and voluntariness of confession is assured. Finally, a particular emphasis is placed on the issue of when a suspect's silence during interrogation may be used against him in court. The article concludes that American courts have not done enough to ensure reliability …
Some Basic Concerns About The Cfpa Legislation And A Partial Response To Professor Bar-Gill's "The Consumer Financial Protection Agency: Sorting The Critiques", Sarah Jane Hughes
Some Basic Concerns About The Cfpa Legislation And A Partial Response To Professor Bar-Gill's "The Consumer Financial Protection Agency: Sorting The Critiques", Sarah Jane Hughes
Articles by Maurer Faculty
No abstract provided.
Dos And Don'ts Of Data Breach And Information Security Policy, Fred H. Cate, Martin E. Abrams, Paula J. Bruening, Orson Swindle
Dos And Don'ts Of Data Breach And Information Security Policy, Fred H. Cate, Martin E. Abrams, Paula J. Bruening, Orson Swindle
Articles by Maurer Faculty
No abstract provided.
The Hangman's Noose And The Lynch Mob: Hate Speech And The Jena Six, Jeannine Bell
The Hangman's Noose And The Lynch Mob: Hate Speech And The Jena Six, Jeannine Bell
Articles by Maurer Faculty
Taking the hangman's noose hanging in Jena, Louisiana in 2006 as a starting point, this Article begins by placing the hanging of a noose in historical context. The Article then proceeds to explore contemporary manifestations of noose hanging in the workplace, in schools and other settings. The Article examines noose hangings that occurred around the country since the display in Jena to explore the social meaning of a noose. Also examined are media constructions of noose hanging and the perception that some Blacks targeted by noose hanging have had of these incidents. The article concludes with a victim based reasonable …
A Conference On The American Law Institute's Proposed Restatement Of Employment Law, Kenneth Glenn Dau-Schmidt
A Conference On The American Law Institute's Proposed Restatement Of Employment Law, Kenneth Glenn Dau-Schmidt
Articles by Maurer Faculty
In this volume, the Employee Rights and Employment Policy Journal presents the written reports of three working committees organized by the Labor Law Group on the American Law Institute’s Proposed Restatement (Third) of Employment Law, along with various written comments on and responses to these reports. These reports and comments were originally presented on February 7, 2009, at a conference on the American Law Institute’s Proposed Restatement (Third) of Employment Law held at the University of California – Hastings School of Law and co-hosted by the School of Law and the Labor Law Group. As the Chair of the Labor …
Solving The Employee Reference Problem: Lessons From The German Experience, Kenneth Glenn Dau-Schmidt, Matthew Finkin
Solving The Employee Reference Problem: Lessons From The German Experience, Kenneth Glenn Dau-Schmidt, Matthew Finkin
Articles by Maurer Faculty
In this article we examine the problem of declining employer references in the American economy. We argue that the problem is not that employers inordinately fear potential slander and libel liability for giving references, but that they have no assurance of benefits from reciprocal references in exchange for taking any risk or suffering any cost in giving references. We provide a comparative legal analysis and argue that the United States might benefit from adopting an employer letter of recommendation system similar to that currently used in Germany.
Honoring Margaret Berger With A Sensible Idea: Insisting That Judges Employ A Balancing Test Before Admitting The Accused's Convictions Under Federal Rule Of Evidence 609(A)(2), Aviva A. Orenstein
Honoring Margaret Berger With A Sensible Idea: Insisting That Judges Employ A Balancing Test Before Admitting The Accused's Convictions Under Federal Rule Of Evidence 609(A)(2), Aviva A. Orenstein
Articles by Maurer Faculty
No abstract provided.
Propensity Or Stereotype?: A Bad Evidence Experiment In Indian Country, Aviva Orenstein
Propensity Or Stereotype?: A Bad Evidence Experiment In Indian Country, Aviva Orenstein
Articles by Maurer Faculty
In a significant break with traditional evidence rules and policies, the Federal Rules of Evidence concerning rape and child abuse, Rules 413 and 414, permit the government to admit the accused’s prior sexual misconduct as evidence of character and propensity. Although these rules have been roundly criticized, insufficient attention has been paid to the fact that in allowing propensity evidence for federal sex offenses (as opposed to offenses under state law), these rules disproportionately affect one distinct civilian population: Indians.
The de facto concentration of Rules 413-414 cases in Indian Country raises troubling questions regarding what it means to have …
The Human Rights Potential Of Sovereign Wealth Funds, Christiana Ochoa, Patrick Keenan
The Human Rights Potential Of Sovereign Wealth Funds, Christiana Ochoa, Patrick Keenan
Articles by Maurer Faculty
In April, 2008, World Bank president, Robert Zoellick, called for sovereign wealth funds to invest one percent of their capital in Africa. The result will be the International Finance Corporation's Sovereign Funds Initiative and is an attempt to nurture the potential of sovereign wealth funds to contribute to economic development and improved well-being in a number of countries in Africa and elsewhere. This article explores the actual potential of the Sovereign Funds Initiative to realize its desired goals. After exploring and demonstrating the disappointing effects of natural resource wealth, development aid and foreign direct investment on some developing countries, the …
When It's So Hard To Relate: Can The Legal System Mitigate The Trauma Of Victim-Offender Relationships?, Jody L. Madeira
When It's So Hard To Relate: Can The Legal System Mitigate The Trauma Of Victim-Offender Relationships?, Jody L. Madeira
Articles by Maurer Faculty
This article argues that, in the aftermath of violent crime, a relationship that is both negative and involuntary can form between crime victims and offenders. This relationship fetters the victim to the crime and the criminal, rendering it difficult to recover from the transgression. To illustrate how such a relationship may form and what consequences it may have for victims, this article uses the Oklahoma City bombing as a case study, documenting through the use of original interviews an involuntary relationship in which victims' family members and survivors perceived they were tethered to Timothy McVeigh. This perceived relationship with McVeigh …
Leaving The Thicket At Last?, Luis Fuentes-Rohwer, Laura Jane Durfee
Leaving The Thicket At Last?, Luis Fuentes-Rohwer, Laura Jane Durfee
Articles by Maurer Faculty
Across the spectrum of ideas debated within the law of democracy, the view is nearly unanimous that the Justices must lead the way toward a better democracy. And yet, as we argue in this Essay, the Court’s handling of the problems since its initial intervention in Baker v. Carr has been nothing short of a mess. Debates in this area offer modern instances of a Court that cares little about doctrinal consistency and judicial craftsmanship, of Justices that care less about compromise and common ground and more about expressing their deeply held views about politics, democracy, and the law. In …
Understanding The Paradoxical Case Of The Voting Rights Act, Luis Fuentes-Rohwer
Understanding The Paradoxical Case Of The Voting Rights Act, Luis Fuentes-Rohwer
Articles by Maurer Faculty
This is an article about the Voting Rights Act of 1965 and its curious handling by the U.S. Supreme Court. When the Court examines the constitutionality of the Act, for example, it blindly defers to the work of Congress, unwilling to subject the statute to any meaningful scrutiny. In contrast, this posture of deference for questions of constitutional law differs greatly from the Court’s posture when interpreting the language of the statute. This is an area where the Court defers to no one, even when the text of the statute or the clear intent of Congress demands a different outcome. …
Shadow Precedents And The Separation Of Powers: Statutory Interpretation Of Congressional Overrides, Deborah Widiss
Shadow Precedents And The Separation Of Powers: Statutory Interpretation Of Congressional Overrides, Deborah Widiss
Articles by Maurer Faculty
In both judicial decisions and critical commentary on statutory interpretation, the possibility of congressional override is generally considered a significant balance to the countermajoritarian reality that courts, through statutory interpretation, make policy. This Article demonstrates that the "check" on judicial power provided by overrides is not as robust as is typically assumed. One might assume that overridden precedents are functionally erased or reversed. But because Congress technically cannot overrule a prior decision, courts must determine whether the enactment of an override fully supersedes the prior judicial interpretation. Overrides thus raise unique, and previously largely ignored, questions of statutory interpretation. Using …
Change In Racial And Ethnic Classifications Is Here: Proposal To Address Race And Ethnic Ancestry Of Blacks For Affirmative Action Admissions Purposes, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Can Public International Boarding Schools In Ghana Be The Next Educational Reform Movement For Low-Income Urban Minority Public School Students?, Kevin D. Brown
Can Public International Boarding Schools In Ghana Be The Next Educational Reform Movement For Low-Income Urban Minority Public School Students?, Kevin D. Brown
Articles by Maurer Faculty
The past twenty-five years has witnessed dramatic changes in the world, including the rise of international trade, unprecedented movement of people across national borders, tremendous advances in communication technologies and new forms of knowledge. Due to the changes of this magnitude, the American public is aware of new and formidable global and international problems that did not exist before. However, these changes also provide the conditions for applying new solutions to domestic problems that have plagued American society for decades. This Article puts forward an innovative suggestion to a persistent problem of American society: the problem of how to improve …
African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Kevin D. Brown, Russell J. Skiba, Suzanne E. Eckes
African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Kevin D. Brown, Russell J. Skiba, Suzanne E. Eckes
Articles by Maurer Faculty
No abstract provided.