Law Commons^™

Freedom Of Association, The Communist Party, And The Hollywood Ten: The Forgotten First Amendment Legacy Of Charles Hamilton Houston, José F. Anderson

All Faculty Scholarship

Charles Hamilton Houston, the most important civil rights lawyer of the first half of the 20th century who developed the legal strategy in Brown v. Board of Education, ended his fabulous legal career representing a group of Hollywood screen writers known as the Hollywood Ten. See Lawson and Trumbo v. United States, 176 F.2d 49 (D.C. App.1949). In that case convictions and jail sentences were upheld for the defendants' failure to answer questions from the House Committee on Un-American Activities (HCUA) about their views on communism and whether or not each was members of the Communist Party. The matters in …

The Disabled Lawyers Have Arrived; Have They Been Welcomed With Open Arms Into The Profession? An Empirical Study Of The Disabled Lawyer, Donald H. Stone

All Faculty Scholarship

This Article proceeds in seven parts. Part I briefly outlines the ADA's position on reasonable accommodations. Part II addresses how law firms are reacting and responding to the fact that they employ lawyers with mood disorders, such as depression or bipolar disorder, attorneys with learning disabilities, and individuals with alcohol or drug addiction. What disabilities are most often represented? Are lawyers with disabilities apt to receive work modifications to accommodate their disability? Are attorneys with mental illness provided with less stressful case assignments? Are lawyers with substance use disorders and alcohol or drug addiction assigned co-counsel to monitor or offer …

Preemption - The Preemptive Scope Of The Airline Deregulation Act As Amended By The Whistleblower Protection Program: Wright V. Nordam Group, Inc., Katrina Maher

Journal of Air Law and Commerce

No abstract provided.

Antidiscrimination Law - In The Face Of Racial Profiling, The First Circuit Holds That Longstanding Antidiscrimination Principles Must Yield To Airline Safety: Cerqueira V. American Airlines, Inc., Benjamin D. Williams

Journal of Air Law and Commerce

No abstract provided.

Gps For The Sky: A Survey Of Automatic Dependent Surveillance-Broadcast (Ads-B) And Its Implementation In The United States, Genevra Williams

Journal of Air Law and Commerce

No abstract provided.

Pushing The Envelope: Why Washington, Dc Airspace Restrictions Do Not Enhance Security, John W. Heck

Journal of Air Law and Commerce

No abstract provided.

Some Inconvenient Truths About Forum Non Conveniens Law In International Aviation Disasters, Don G. Rushing, Ellen Nudelman Alder

Journal of Air Law and Commerce

No abstract provided.

Regulating Safety - Can The National Transportation Safety Board And The Federal Aviation Administration Improve The Safety Of Ems Flights, J. Cade Hamner

Journal of Air Law and Commerce

No abstract provided.

Beyond Orwell: The Application Of Unmanned Aircraft Systems In Domestic Surveillance Operations, Paul Mcbride

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Sovereignty, Politics, And U.S. International Airline Policy, Alan P. Dobson, Joseph A. Mckinney

Journal of Air Law and Commerce

No abstract provided.

A Decade Later: Adarand And Croson And The Status Of Minority Preferences In Government Contracting, Lynn Ridgeway Zehrt

Law Faculty Scholarship

This Article analyzes sixteen decisions in an effort to assist governmental entities in achieving the noble goal of “confront[ing] the effects of racial discrimination”8 in government contracting. Part I summarizes the Supreme Court’s decisions in Adarand and Croson, focusing primarily on the Court’s definition of strict scrutiny in those decisions. It also includes a brief description of the historical development of affirmative action in government contracting. Part II explores the impact of the Adarand decision on federal programs and considers not only the statutory revisions prompted by that decision but also the subsequent appellate decisions that evaluated these federal programs …

You Can Steal Her Virginity But Not Her Doll: The Nineteenth Century Campaign To Raise The Legal Age Of Sexual Consent, J. Shoshanna Ehrlich

Cardozo Journal of Equal Rights & Social Justice

The article examines the 19th-century campaign to raise the age of sexual consent, driven by reformers who sought to protect young girls from exploitation and encode moral values into law. They argued that girls lacked the maturity to consent to sex and that losing virginity was a significant life-altering event. The campaign reflects both protective intentions and efforts to control female sexuality, particularly among working-class girls.

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 15, Iss. 3

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Bound By Injustice: Challenging The Use Of Shackles On Incarcerated Pregnant Women, Dana Sussman

Cardozo Journal of Equal Rights & Social Justice

The use of shackles to restrain a pregnant woman during the birthing process is a barbaric practice that needlessly inflicts excruciating pain and humiliation. It is widely condemned by members of the international community, including leading medical and public health associations. Although human rights advocates have effected significant policy change in the past ten years to eliminate the use of shackles on women in labor, it remains routine practice in many American prisons and jails. Reproductive rights advocates should consider this a reproductive justice issue and build on the gains of the human rights community to bring legal claims challenging …

What To Expect: Legal Developments And Challenges In Reproductive Justice

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Women's Right To Participate In The Game Of Baseball, David Fintz

Cardozo Journal of Equal Rights & Social Justice

The note argues that women have historically been excluded from participating in baseball due to gender discrimination, which violates the Equal Protection Clause of the Fourteenth Amendment and Title IX. It critiques the narrow interpretation of state action in cases like Magill v. Avonworth Baseball Conference and advocates for broadening this doctrine to include youth organizations. The author proposes legal reforms, such as amending Little League charters, to ensure girls' inclusion in baseball programs. By addressing these legal barriers, the article suggests that girls can achieve greater opportunities in baseball, following the success of female athletes in other sports.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Henkle V. Gregory: A Landmark Struggle Against Student Gay Bashing, Armen H. Merjian

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

A Safe Haven For Nixzmary Brown, Chantal L. Hamlin

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Work/Family Balance: New York's Struggle To Harmonize Domestic And Employment Spheres, Kerry Anne Hoffman

Cardozo Journal of Equal Rights & Social Justice

The note examines the challenges faced by American workers in balancing work and family responsibilities, highlighting the limitations of the Family and Medical Leave Act (FMLA) and advocating for the implementation of paid family leave policies. It emphasizes the need for both federal and state-level reforms to address the financial and societal barriers that prevent employees, particularly low-income families and single parents, from utilizing unpaid leave. The note also explores the progress made by states like California, New Jersey, and Washington in enacting paid family leave legislation, while noting the ongoing political opposition to such measures in New York. It …

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Greening Demand: Energy Consumption And U.S. Climate Policy, Noah M. Sachs

Law Faculty Publications

The search for greener, less polluting energy supplies has dominated discussions of u.s. climate change strategy, but we often overlook cheaper and faster greenhouse gas emissions reductions achievable through energy efficiency and conservation. In this article, I outline a decade-long "greening demand" agenda to reduce the amount of energy consumed in the United States. The federal government should aim to reduce U.S. energy consumption by fifteen percent by 2016 and twenty percent by 2020 to achieve needed reductions in greenhouse gas emissions.

While the United States has achieved notable efficiency gains since the 1970s, several market failures and other barriers …

Describing Patents As Real Options, Christopher A. Cotropia

Law Faculty Publications

This Article continues the use of real options in patent law by taking a step back. The Article proceeds in three parts. Part II describes the concept of real options and catalogs the existing economics and law literature discussing patents as real options. The Article then lays a foundation for previous and future discussions by describing in detail how patents are like real options. Specifically, Part III. identifies the particular patent doctrines that make up the common components of a real option-the option price, the exercise price, the expiration date, and the value of the underlying asset. This descriptive analysis …

The Unreasonableness Of The Patent Office's 'Broadest Reasonable Interpretation' Standard, Christopher A. Cotropia

Law Faculty Publications

This article does what is long overdue: it fully explores the validity of the BRI standard. The previously articulated rationales behind the BRI standard are severely lacking. Not only does the BRI standard fail to provide the advantages touted by the courts that created the standard, the standard is contrary to both the patent statutes and the concept of a unitary patent system. It allows examiners to avoid difficult claim interpretation issues; it leads to improper and uncorrectable denials of patent protection; and it is incurably ambiguous. Given that the BRI standard is severely lacking, the courts and the USPTO …

Modernizing Patent Law's Inequitable Conduct Doctrine, Christopher A. Cotropia

Law Faculty Publications

This Article's main finding is that the inequitable conduct doctrine has the ability to improve patent quality as long as the inherent tendency to overcomply with the doctrine by overloading the USPTO with information is kept in check. The Article reaches this conclusion by proceeding in five parts. Part II describes the current thinking on the inequitable conduct doctrine, with particular focus on the major critiques of the doctrine and proposed legislative and administrative responses. Part III of the Article begins the construction of a fundamental, conceptual framework for the doctrine by explaining how it impacts both patent quality and …

Biblical Interpretation, Constitutional Interpretation And Ignoring Text, Henry L. Chambers, Jr.

Law Faculty Publications

Much is made of how to interpret the Constitution. The Constitution is foundational and its law is the highest law in the land. Consequently, interpreting the Constitution correctly is important, not only so that the Constitution's words are honored but so that its ideals are honored. Similar desires accompany the interpretation of other important documents. Indeed, how a sacred text like the Bible is or can be interpreted may shed light upon how the Constitution could be or should be interpreted. This brief Essay considers how a particular vision of Christian biblical interpretation can inform constitutional interpretation. This Essay does …

Recent Developments In Patent Law, Kristen Jakobsen Osenga

Law Faculty Publications

In the last year, the landscape of patent law was altered by court opinions from the Supreme Court and U.S. Court of Appeals for the Federal Circuit, as well as in opinions rendered by the Board of Patent Appeals and Interferences (hereafter BP AI) at the United States Patent and Trademark Office. In addition, patent reform legislation was introduced that could have shaken up patent practice even further. Although none of the reform proposals were passed, revised versions of these legislative initiatives have already been introduced in 2009. This brief write-up summarizes many (but by no means all) of the …

Filling Federal Appellate Vacancies, Carl W. Tobias

Law Faculty Publications

Judicial selection for the United States Courts of Appeals has rarely been so controversial. Delay in nominating and analyzing candidates as well as fractious accusations, recriminations, and "paybacks" between Democrats and Republicans have vexed circuit appointments over two decades. Many judgeships remain empty for long periods, while one position has been vacant since 1994. Certain appellate tribunals have confronted acute difficulties. The U.S. Court of Appeals for the Sixth Circuit recently operated absent half its judicial complement across eight months, and numerous courts labored without one in three members at various junctures.

The Senate, which furnishes advice and consent, has …

The Unmerry Widow: Spousal Disinheritance And Life Insurance In North Carolina, Jeffrey S. Kinsler

Law Faculty Scholarship

In spite of our nation’s long-held public policy of protecting surviving spouses, some people purposely disinherit their spouses. For centuries, North Carolina more or less tolerated intentional spousal disinheritance. In 1959, in an effort to protect surviving spouses from deliberate disinheritance, North Carolina adopted a “right of dissent” statute that authorized a surviving spouse to renounce the decedent spouse’s will and receive a statutorily prescribed share (ranging from one-sixth to one-half) of the decedent spouse’s probate estate. Because the dissent statute was limited to the decedent spouse’s probate estate, it was easily circumvented through the use of non-probate transfers. In …