Law Commons^™

Protecting Workers From Genetic Discrimination, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.

The Potential For Discrimination In Health Insurance Based On Predictive Genetic Tests, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.

Advances In Genetic Research And Technologies: Challenges For Public Policy, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.

Lessons From Enron: An Oversight Hearing On Gas Prices And Energy Trading, Michael Greenberger

Michael Greenberger

No abstract provided.

Energy Market Manipulation And Federal Enforcement Regimes, Michael Greenberger

Michael Greenberger

No abstract provided.

Energy Speculation: Is Greater Regulation Necessary To Stop Price Manipulation? Part Ii., Michael Greenberger

Michael Greenberger

No abstract provided.

Energy Speculation: Is Greater Regulation Necessary To Stop Price Manipulation?, Michael Greenberger

Michael Greenberger

No abstract provided.

Strengthening Security And Oversight At Biological Research Laboratories, Michael Greenberger

Michael Greenberger

With the advent of the Anthrax attacks in the fall of 2001, this Nation has been confronted with a serious policy conundrum. On the one hand, we have strengthened programs that encourage the use of our best scientific resources to develop countermeasures to the weaponization of highly dangerous biopathogens. On the other hand, research on those countermeasures requires the use of the very biopathogens we seek to defeat. There have been many mishaps in the handling of those pathogens, which raises the frightening prospect that the research may be as (or more) dangerous than the potential bioterrorist acts themselves. Indeed, …

Excessive Speculation In The Natural Gas Market, Michael Greenberger

Michael Greenberger

No abstract provided.

Prepared Statement For The National Mediation Board, Kate Bronfenbrenner

Kate Bronfenbrenner

Testimony before the NMB hearings on the proposed rule change to the RLA that recommend changing the voting standard from the majority of eligible voters to the majority of votes cast. The testimony summarized findings from the first ever national academic study of organizing under the RLA. Based on findings that showed that under the RLA standard greater employer suppression is correlated with lower turnout while under the NLRB standard both the union and the employer work aggressively for high turn out, the author argued for changing the voting standard to majority of votes cast.

Melendez-Diaz And The Right To Confrontation, Craig M. Bradley

Chicago-Kent Law Review

In Crawford v. Washington, the Supreme Court overruled Ohio v. Roberts and adopted new law concerning the use of hearsay testimony at criminal trials. This was based on the Sixth Amendment's command that "In all criminal prosecutions the accused shall enjoy the right . . . to be confronted with the witnesses against him .. " On its face this provision seems to say that the accused has the right to cross-examine anybody who testifies for the prosecution at trial, whether as a live witness or through hearsay. The Supreme Court acknowledged much of this in Crawford, but …

Risk Based Decision-Making At The Environmental Protection Agency, Robert V. Percival

Robert Percival

No abstract provided.

The Role Of The Council On Competitiveness In Regulatory Review, Robert V. Percival

Robert Percival

No abstract provided.

Interim Report On The Administrative Law, Process And Procedure Project For The 21st Century, Rena I. Steinzor

Rena I. Steinzor

No abstract provided.

Testimony Before The U.S. House Of Representatives, Committee On Science And Technology, Subcommittee On Investigations And Oversight. 111th Congress, 1st Session (2009)., Rena I. Steinzor

Rena I. Steinzor

No abstract provided.

Testimony On Prostitution Bill, Senate Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

Strengthening Security And Oversight At Biological Research Laboratories, Michael Greenberger

Congressional Testimony

With the advent of the Anthrax attacks in the fall of 2001, this Nation has been confronted with a serious policy conundrum. On the one hand, we have strengthened programs that encourage the use of our best scientific resources to develop countermeasures to the weaponization of highly dangerous biopathogens. On the other hand, research on those countermeasures requires the use of the very biopathogens we seek to defeat. There have been many mishaps in the handling of those pathogens, which raises the frightening prospect that the research may be as (or more) dangerous than the potential bioterrorist acts themselves. Indeed, …

Stifling Or Stimulating - The Role Of Gene Patents In Research And Genetic Testing, Lawrence M. Sung

Lawrence M. Sung

No abstract provided.

Intergovernmental Coordination Of Power Development And Environmental Protection Act, Garrett Power

Garrett Power

No abstract provided.

"An Opportunity For Effective Cross-Examination": Limits On The Confrontation Right Of The Pro Se Defendant, Alanna Clair

University of Michigan Journal of Law Reform

The rights of a defendant to confront his accusers and conduct his defense without the assistance of counsel are sacrosanct in the American judicial system. The rights of the defendant are even sometimes exalted at the expense of the rights of the public or of victims of crime. This Note examines the problem of a pro se defendant using his confrontation right to intimidate or harass his alleged victims testifying against him. It is well-established that the confrontation right is not unconditional. The problem comes in determining whether the courts can place limits on the confrontation right of a pro …

Testimony Before The U.S. House Of Representatives, Committee On Science And Technology, Subcommittee On Investigations And Oversight. 111th Congress, 1st Session (2009)., Rena I. Steinzor

Congressional Testimony

No abstract provided.

Victims, “Closure,” And The Sociology Of Emotion, Susan A. Bandes

Law and Contemporary Problems

Bandes discusses the polarizing function of victim impact statements used in the context of the death penalty. The use of victim impact statements is justified in order to promote closure for the victim, but it's unclear what psychological closure can be accomplished from the formal litigation process. Even if victim impact statements do help their authors, in the context of the death penalty the authors are family members of the victim, not the direct victim, and Bandes questions whether it's important to further their interests at the expense of the interests of the defendant. The only recourse for the jury …

Judges Judging Judicial Candidates: Should Currently Serving Judges Participate In Commissions To Screen And Recommend Article Iii Candidates Below The Supreme Court Level?, Mary Clark

Articles in Law Reviews & Other Academic Journals

In the lead-up to the 2008 presidential election, the American Bar Association (ABA), among others, called upon the next president to reform the federal judicial selection process by using bipartisan commissions to screen and recommend Article III candidates for presidential nomination and Senate confirmation below the Supreme Court level. This proposal may well find support in the Obama administration, given the new president’s emphasis on bipartisan consensus-building and transparency of government operations. This Article addresses one question that the ABA and others have not: Should currently serving judges participate in bi-partisan commissions to screen and recommend Article III candidates below …

Testimony Before The U.S. House Committee On Agriculture On The “Discussion Draft: The Derivatives Market Transparency And Accountability Act Of 2009.”, Michael Greenberger

Congressional Testimony

Testimony before the U.S. House of Representatives, Committee on Agriculture. 111th Congress, 1st Session (2009).

Testimony Of Michael Greenberger Before The Commodity Futures Trading Commission On “Excessive Speculation: Position Limits And Exemptions.”, Michael Greenberger

Congressional Testimony

Testimony before the Commodity Futures Trading Commission (August 5, 2009).

The Eyewitness Conundrum: How Courts, Police And Attorneys Can Reduce Mistakes By Eyewitnesses, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Reducing the incidence of wrongful convictions based on eyewitness mistakes poses a difficult challenge to the criminal justice system. There is near-unanimity among courts and commentators that eyewitness mistakes account for more erroneous convictions than any other type of proof. It is therefore incumbent on every key participant in the criminal justice system - judge, prosecutor, police, and defense counsel - to use every available tool to protect an accused from being mistakenly identified by an eyewitness. For the judge, protecting the accused requires a willingness to give the jury special instructions on eyewitness identification and a willingness to allow …

Giles V. California: A Personal Reflection, Richard D. Friedman

Articles

In this Essay, Professor Friedman places Giles v. California in the context of the recent transformation of the law governing the Confrontation Clause of the Sixth Amendment. He contends that a robust doctrine of forfeiture is an integral part of a sound conception of the confrontation right. One reason this is so is that cases fitting within the traditional hearsay exception for dying declarations can be explained as instances of forfeiture. This explanation leads to a simple structure of confrontation law, qualified by the principle that the confrontation right may be waived or forfeited but not subject to genuine exceptions. …

A Witness To Justice, Jessica Silbey

Faculty Scholarship

In the 1988 film The Accused, a young woman named Sarah Tobias is gang raped on a pinball machine by three men while a crowded bar watches. The rapists cut a deal with the prosecutor. Sarah's outrage at the deal convinces the assistant district attorney to prosecute members of the crowd that cheered on and encouraged the rape. This film shows how Sarah Tobias, a woman with little means and less experience, intuits that according to the law rape victims are incredible witnesses to their own victimization. The film goes on to critique what the right kind of witness would …