Law Commons^™

Balancing Law Student Privacy Interests And Progressive Pedagogy: Dispelling The Myth That Ferpa Prohibits Cutting-Edge Academic Support Methodologies, Louis N. Schulze Jr.

Faculty Publications

Controversy exists over whether the Family Education Records Privacy Act prohibits certain progressive law school academic support methodologies. This Article analyzes these claims, using the text of the statute, the related regulations, case law from the Supreme Court of the United States and other federal courts, and statements from the Department of Education. The thesis of this Article is that most academic support methods are perfectly lawful and that FERPA and progressive pedagogy can peaceably coexist.

Regionalizing International Criminal Law?, Charles Chernor Jalloh

Faculty Publications

This article examines the initially cooperative but increasingly tense relationship between the International Criminal Court (ICC) and Africa. It assesses the various legal and political reasons for the mounting criticisms of the ICC by African governments, especially within the African Union (AU), following the indictment of incumbent Sudanese President Omar Hassan Al Bashir. The author situates the ICC within broader African efforts to establish more peaceful societies through the continent-wide AU. He submits that the ICC, by prosecuting architects of serious international crimes in Africa’s numerous conflicts, could contribute significantly to the continent’s fledgling peace and security architecture which aims …

Strength In Numbers: Setting Quantitative Criteria For Listing Species Under The Endangered Species Act, Kalyani Robbins

Faculty Publications

My primary thesis is that the Fish & Wildlife Service and the National Marine Fisheries Service need to set quantitative criteria for listing species under the Endangered Species Act in order to promote consistency, transparency, and efficiency. I suggest a model for doing so, the use of which would create an opportunity to move beyond the political quagmire surrounding the selection of vulnerable species for preservation. Like my other environmental scholarship, the article merges scientific research in the field of conservation biology with legal analysis. With the status quo, listing decisions often turn on wildly different factors, including some not …

Writing The Law Of Latin America, Jorge L. Esquirol

Faculty Publications

No abstract provided.

Unconscious Bias And The Limits Of Director Independence, Antony Page

Faculty Publications

Corporate directors make difficult decisions: How much should we pay our CEO? Should we permit a lawsuit against a fellow director? Should we sell the company? Directors are legally obligated to decide in good faith based on the business merits of the issue rather than extraneous considerations and influences. Naturally, some directors may have preferences, or even biases: Our CEO, my colleague and friend, deserves a lot; The company should not sue my fellow board member; We should not sell, because after all, I would like to remain a board member. But the courts presume that independent directors either do …

The Human Right To A Green Future: Environmental Rights And Intergenerational Justice (Book Review), Darla Jackson

Other Faculty Publications

No abstract provided.

Judicial Independence, Harry Tepker

Other Faculty Publications

No abstract provided.

The Real Student-Loan Scandal: Undue Hardship Discharge Litigation, Rafael I. Pardo, Michelle R. Lacey

Scholarship@WashULaw

For a debtor to obtain a discharge of educational debt in bankruptcy, an adversary proceeding between the debtor and the creditor must be initiated, and the debtor must establish that repayment of the debt would impose an undue hardship. This empirical study documents and analyzes trial-level outcomes of such proceedings. An original data set has been compiled of all terminated undue hardship discharge proceedings in the U.S. Bankruptcy Court for the Western District of Washington that were commenced during the five-year period beginning on January 1, 2002 and ending on December 31, 2006. The study seeks to provide an account …

An Empirical Examination Of Access To Chapter 7 Relief By Pro Se Debtors, Rafael I. Pardo

Scholarship@WashULaw

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) represents the most significant overhaul of federal bankruptcy law since the Bankruptcy Code’s enactment in 1978. The legislation expanded the grounds on which a debtor’s Chapter 7 case may be dismissed. Moreover, it increased the administrative requirements imposed upon debtors who file for bankruptcy (e.g., increased financial disclosures), which in turn has had the effect of increasing the direct costs of filing for bankruptcy (e.g., filing fees and attorneys’ fees). With this increased complexity in accessing Chapter 7 relief, the question arises whether BAPCPA has had a disproportionate impact …

Setting The Record Straight: A Sur-Reply To Professors Lawless Et Al, Rafael I. Pardo

Scholarship@WashULaw

I have recently engaged in a scholarly exchange with Professors Robert M. Lawless, Angela K. Littwin, Katherine M. Porter, John A. E. Pottow, Deborah K. Thorne, and Elizabeth Warren that debates the conclusions they have drawn in their first report from the 2007 Consumer Bankruptcy Project (the First Report). Unfortunately, the reply of Professors Lawless et al. to my critique mischaracterizes, misinterprets, and does not fully engage with the constructive commentary that I suggested. This sur-reply clarifies the misperceptions and mischaracterizations of my commentary by Professors Lawless et al. and demonstrates that my arguments not only are grounded in a …

Failing To Answer Whether Bankruptcy Reform Failed: A Critique Of The First Report From The 2007 Consumer Bankruptcy Project, Rafael I. Pardo

Scholarship@WashULaw

Over the past quarter century, our knowledge of individuals who seek relief through the consumer bankruptcy system has been derived largely from the information that has been collected and analyzed by the Consumer Bankruptcy Project. The most recent iteration of the Consumer Bankruptcy Project, the 2007 Consumer Bankruptcy Project (the 2007 CBP), extends well beyond prior iterations by drawing a nationwide random sample of bankruptcy filings. The first report published in connection with the 2007 CBP (the First Report or Report) seeks to evaluate the success of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) in sorting …

Minimizing The Environmental Impact Of Oil And Gas Development By Maximizing Production Conservation, David E. Pierce

North Dakota Law Review

No abstract provided.

Energy Derivatives: The Likely Impact Of Derivatives Regulations On North Dakota Utilities, Christopher A. Schindler

North Dakota Law Review

No abstract provided.

The Worth Of A Human Life, Katherine J. Santon

North Dakota Law Review

No abstract provided.

Policy Preference Change And Appointments To The Supreme Court Of Canada, Benjamin Alarie, Andrew Green

Osgoode Hall Law Journal

Canadian prime ministers appoint judges to the Supreme Court of Canada at their own discretion. This practice has been criticized as providing prime ministers with the ability to appoint judges whose policy preferences are regarded as politically congenial. We examine the Court's judgments in the post-Charter era to discern the apparent policy preferences of the judges. Our results suggest that the policy preferences of judges are not strongly associated with the political party of the prime minister and that their policy preferences shift over time in seemingly unpredictable ways. We discuss the implications of this analysis for possible reforms of …

Politics Of Knowledge Dissemination: Corporate Reporting, Shareholder Voice, And Human Rights, Aaron A. Dhir

Osgoode Hall Law Journal

This article considers the relationship between social disclosure and corporate accountability in Canada. It focuses on the potential benefits social disclosure can provide in terms of the overall human rights project. I explore this issue with reference to the broader theoretical frameworks of new governance and reflexive law. White I ground my analysis in these analytical approaches. I distance myself slightly from particular arguments in the literature to date: specifically, the argument that the disclosure process will result in self-correcting behaviour on the part of corporate decision makers. Rather, I argue that the value of social disclosure may lie more …

Former Presidents And Executive Privilege, Laurent Sacharoff

Hofstra Law Faculty Scholarship

The Constitution provides former Presidents with no powers or role, and yet numerous former presidents including Truman and Nixon have asserted executive privilege in order to withhold information from Congress, historians, and the public. The most recent former President, George W. Bush, is likely to make similar assertions based upon his sweeping view of the rights of former Presidents as reflected in his recently revoked Executive Order 13,233, potentially leading to a constitutional collision between the rights of former Presidents and those of Congress. This Article argues that, notwithstanding Nixon v. Administrator of General Services (GSA), former Presidents should retain …

Uninsured Motorist Law In Oklahoma, Johnny Parker

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

“For God’S Sake, Publish; Only Be Sure Of Your Rights”: Virginia Woolf, Copyright, And Scholarship, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Just What The Doctor Ordered: The Need For Cross-Cultural Education In Law School, Andrew King-Ries

Faculty Law Review Articles

This article urges law schools to follow their medical counterparts by incorporating cross-cultural education into their curricula.

Part II discusses the Grutter v. Bollinger decision and the Supreme Court's recognition of the benefits of diversity to legal education.

Part III highlights the changing demographics of the United States and how those demographics require immediate response from the legal academy.

Part IV considers the experience of medical education. This section begins by exploring a study of the medical profession conducted by the Institute of Medicine. The section then addresses medical schools' response to the Institute of Medicine report and the subsequent …

Voting Integrity: Practices For Investors And The Global Proxy Advisory Industry, Meagan Thompson-Mann

Ira M. Millstein Center for Global Markets and Corporate Ownership

Accountability of corporate boards to shareowners rests in large part on the integrity of the system by which investors vote their proxy ballots. Shareowners rely on the vote to affect the governance of a company; corporate directors see the vote as a barometer of investor confidence in board stewardship. Outcomes determine the fate of director tenure, mergers, acquisitions, capital raising, remuneration plans and other critical decisions with sometimes profound consequences for stakeholders and the marketplace.

However, this briefing finds that the proxy voting system in the US and other markets is chronically subject to criticism that it is short on …

Luncheon Speech: Better Sixty Years Of Tyranny Than One Night Of Anarchy, Noah Feldman

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Introduction, David Glazier

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Obligations Of The New Occupier: The Contours Of Jus Post Bellum, Kristen E. Boon

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Morality Of Military Occupation, Jeff Mcmahan

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

From Trusteeship To Self-Determination And Back Again: The Role Of The Hague Regulations In The Evolution Of International Trusteeship, And The Framework Of Rights And Duties Of Occupying Powers, Ralph Wilde

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The United States’ Withdrawal From International Court Of Justice Jurisdiction In Consular Cases: Reasons And Consequences, John Quigley

Duke Journal of Comparative & International Law

No abstract provided.

Reaching Out To The International Community: Civil Lawsuits As The Common Ground In The Battle Against Terrorism, Debra M. Strauss

Duke Journal of Comparative & International Law

No abstract provided.

The U.S. Discovery-Eu Privacy Directive Conflict: Constructing A Three-Tiered Compliance Strategy, Carla L. Reyes

Duke Journal of Comparative & International Law

No abstract provided.

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.