Law Commons^™

A Fair Trial, Not A Perfect One: The Early Twentieth-Century Campaign For The Harmless Error Rule, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

From just after the turn of the twentieth century through World War II, there was a great deal of activity around criminal justice reform. Much like today, many commentators in the early twentieth century considered the American criminal justice system to be broken. With regard to all of its phases-substance, sentencing, and procedure-the criminal justice system was thought to be inefficient and ineffective, and it failed to inspire the confidence of the bench, bar, or public.

Against this backdrop, a group of reformers sought to address the shortcomings of early twentieth-century criminal justice-during what I consider the "Golden Age" of …

Is There Such A Thing As Postmodern Copyright?, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

Back in 1992, artist/entrepreneur Jeff Koons suffered a humiliating setback when the United States Court of Appeals for the Second Circuit repudiated the suggestion that his reuse of objects from public culture might constitute a "fair use" defense to a copyright infringement claim. Fourteen years later, in a case that again involved a photographer's claim of copyright infringement, Koons triumphed in the same judicial forum. What had changed? This Article explores, in particular, one among a variety of alternative explanations: Koons may have caught the very leading edge of a profound wave of change in the social and cultural conceptualization …

Writer's Block - Resolve To Become A Better Writer, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Why Punctuation Matters; Part One, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Human Rights Hero - President Barack Obama, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

One Person, One Vote, One Application: District Court Decision In Ray V. Texas Upholds Texas Absentee Voting Law That Disenfranchises Elderly And Disabled Voters, Sean Flynn

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

An Economic Justification For Open Access To Essential Medicine Patents In Developing Countries, Sean Flynn, Aidan Hollis, Mike Palmedo

Scholarly Articles in Law Reviews & Journals

This paper offers an economic rationale for compulsory licensing of needed medicines in developing countries. The patent system is based on a trade-off between the “deadweight losses” caused by market power and the incentive to innovate created by increased profits from monopoly pricing during the period of the patent. However, markets for essential medicines under patent in developing countries with high income inequality are characterized by highly convex demand curves, producing large deadweight losses relative to potential profits when monopoly firms exercise profit-maximizing pricing strategies. As a result, these markets are systematically ill-suited to exclusive marketing rights, a problem which …

The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sacouto, Katherine A. Cleary

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Law That Values All Families: Beyond (Straight And Gay) Marriage, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Legal Responses To Sexual Violence In Custody: State Criminal Laws Prohibiting Staff Sexual Abuse Of Individuals Under Custodial Supervision, Brenda V. Smith, Jaime M. Yarussi

Scholarly Articles in Law Reviews & Journals

This publication is part of a larger scholarly project and one in a series that aims to create a “legal toolkit” for addressing sexual violence in custody. This publication begins with a brief discussion of staff sexual misconduct, and then examines a variety of definitions of staff sexual misconduct as defined by federal law. Next, the publication explores, in detail, sexual misconduct as defined by state criminal laws in the United States, provides examples of current state criminal laws on staff sexual misconduct and discusses the legal implications of these statutes. Finally, this publication concludes by reviewing the policy issues …

A New System Of Preventative Detention - Let's Take A Deep Breath, Jennifer Daskal

Scholarly Articles in Law Reviews & Journals

Some have argued that the detention center at Guantanamo Bay cannot be closed until the U.S. passes new preventive detention laws that would allow it to detain those who cannot be tried but are considered too dangerous to release. This article rejects these claims, concluding that the existing criminal justice system can adequately deal with those who the U.S. should be seeking to detain. The article also warns of the costs of trying to set up an entirely new system of detention without charge. The article cautions that such a system will negate many of the reputational gains associated with …

Healthy Planet, Healthy People: Integrating Global Health Into The International Response To Climate Change, Lindsay Wiley

Scholarly Articles in Law Reviews & Journals

The potentially groundbreaking negotiations currently underway on the international response to climate change and national implementation of commitments under the United Nations Framework Convention on Climate Change (UNFCCC) include a number of hotly contested issues: (1) what degree of climate change is acceptable as a basis for emissions targets, (2) to what extent and in what ways climate change mitigation should incorporate emissions reductions or increased sinks for developing countries, (3) whether the legal regime governing mitigation can take advantage of the huge mitigation potential of changed practices in the land use and agricultural sectors, (4) how adaptation should be …

Reforming The State Secrets Privilege, Amanda Frost

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Internal Displacement, The Guiding Principles On Internal Displacement, The Principles Normative Status, And The Need For Their Effective Domestic Implementation In Colombia, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The 60th Anniversary Of The Udhr, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

It Down And Count The Cost:" A Framework For Constitutionally Enforcing The 501(C)(3) Campaign Intervention Ban, Benjamin Leff

Scholarly Articles in Law Reviews & Journals

Section 501(c)(3) of the Internal Revenue Code (Code) prohibits charities from intervening in a political campaign for or against a candidate for public office. The Internal Revenue Service (Service) currently interprets the campaign-intervention ban to absolutely prevent charities from communicating their views on candidates, even if such communications are completely financed by non-501 (c) (3) affiliates. This article argues that the current Service enforcement paradigm is unconstitutional because it exceeds the government interest in preventing tax-deductible donations to be used for campaign- intervention. A constitutional interpretation exists under the current statutory framework, but it would require the Service to shift …

Racial Paradox And Eclipse: Obama As Balm For What Ails Us, Camille Nelson

Scholarly Articles in Law Reviews & Journals

INTRODUCTION The 2008 political season provided us with sublime political spec- tacle. The contest for presidential nominee of the Democratic National party was an exciting and historic race. The subsequent presidential race whipped Americans, and indeed many throughout the world, into a frenzy. Never before did two white women and a black man exemplify the dreams and aspirations of so many. People the world over hoped and sought to change the course of history through the selection of the Presi- dent and Vice President of the United States of America. There appeared to be a captivating yet ironic handwringing around …

Whistle...And You've Got An Audience, Amanda Leiter

Scholarly Articles in Law Reviews & Journals

One of the questions for discussion today is whether public rights litigation is an effective means of social change. This Article does not attempt an answer but begins to explore a set of issues central to any answer: the extent, types, uses, and potential shortcomings of government whistleblowing. There is considerable sociological and legal literature on government whistleblowing, but little of it addresses the issue from the angle relevant to maximizing the efficacy of public rights litigation. This Article begins to fill that gap. Part I discusses the importance of whistleblowers in the vindication and enforcement of public rights. Part …

Climate Change, Corporate Strategy, And Corporate Law Duties, Perry E. Wallace

Scholarly Articles in Law Reviews & Journals

Although greenhouse-gas management now ranks among the world’s great challenges, this status did not obtain instantly—or easily. Today, however, reservations about the validity of global warming as a major threat are fading. They are fading, appropriately, as rapidly as some ice sheets and glaciers are melting. Indeed, the steady flow of new, compelling evidence joins an already considerable base of scientific, economic, and other certainties about the subject.

The result of this evolution in climate-change certainty has been major change of global dimensions. In notable ways, the structures and the functions of governmental, economic, and social institutions around the world …

Oppression By Scientific Method: The Use Of Science To “Other” Sexual Minorities, James M. Mohr

Journal of Hate Studies

Lesbian, gay, and bisexual (LGB) civil rights have become a major focus of the legislative agenda of a variety of organizations in support of and in opposition to those rights. This growing interest in LGB civil rights can be seen through the increasing news reports and political discussions concerning marriage equality, the addition of sexual orientation as a protected class to hate crime laws and workplace nondiscrimination legislation, the elimination of the military’s “don’t ask don’t tell” policy, and the right of LGB people to adopt children. As these issues move to the forefront, different groups attempt to use scientific …

Steven Baum’S The Psychology Of Genocide: Perpetrators, Bystanders And Rescuers, Jan Polek

Journal of Hate Studies

Baum’s work raises difficult questions, but he presents concrete solutions for the reader. The book is scholarly in intent without being pedantic. There is a liberal use of endnotes for each chapter, a wide selection of tables and figures, and a comprehensive index. It would be helpful for readers to have a general understanding of key conformity studies, but most readers will be able to follow Baum’s review of major genocidal events and his belief in the possibility of an emotionally developed world in which “rescuer qualities” will be esteemed. Certainly this text is a strong addition to the widening …

David Tosco’S The Face Of Evil, Jan Polek

Journal of Hate Studies

Overall, the commentators and footage are pedantic, perhaps more suitable for a graduate class than for a commercial, non-academic audience. This is unfortunate because worldwide events in which those in power use techniques to isolate and demonize those who pose a threat are becoming more common. Rwanda, with its “measurement” policies separating tribes according to physical characteristics, is a recent example of the genocide cycle.

The Electronic Lawyer, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Ignorance Is Effectively Bliss: Collateral Consequences, Silence, And Misinformation In The Guilty-Plea Process, Jenny Roberts

Scholarly Articles in Law Reviews & Journals

In the 2009-2010 term, the U.S. Supreme Court will decide if it matters whether a criminal defense lawyer correctly counsels a client about the fact that the client faces deportation as a result of a guilty plea. Under prevailing constitutional norms in almost every jurisdiction, a lawyer does not have a duty to tell her client about many serious but "collateral" consequences of a guilty plea. Yet, in every jurisdiction that has considered the issue, that very same lawyer will run afoul of her duties if she affirmatively misrepresents a collateral consequence-every jurisdiction, that is,except Kentucky. The Supreme Court of …

The Dangers Of Equitable Remedies, Mary Siegel

Scholarly Articles in Law Reviews & Journals

Introduction: "While Delaware jurisprudence is renowned for its clarity and sophistication, one area of its corporate case law is, by design, uncharacteristically ambiguous: equitable remedies. One Delaware judge summarized his equitable powers as follows: " [T]his court will use its 'broad discretion to tailor [a remedy] to suit the situation as it exists.' As Delaware has long recognized, 'the Court of Chancery [has] the inherent powers of equity to adapt its relief to the particular rights and liabilities of each party." The most well known of the equitable remedies is the Schnell doctrine, which allows the court to invalidate conduct …

Assumptions Regarding Indians And Judicial Humility: Thoughts From A Property Law Lens, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

Negative assumptions regarding Indians can be found in the recent decisions of the U.S. Supreme Court, and attention to these assumptions is required if courts are to base their decisions on how Indians and non-Indians actually impact each other. This brief article uses a property and liability rules framework to argue for judicial restraint when considering cases that could limit tribal sovereignty.

Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890 Symposium: The Lawyer's Role In A Contemporary Democracy: Promoting Social Change And Political Values, Susan Carle

Scholarly Articles in Law Reviews & Journals

This essay addresses the development of American understandings of the various roles of lawyers in building democracy by focusing on legal reform efforts in the American civil rights movement. In recent years, the supposed achievements of that movement have come under attack as part of a critique of the ideology of legal liberalism. That critique argues that civil rights lawyers and other activists too greatly emphasized court-focused strategies aimed at achieving what would turn out to be Pyrrhic "civil" rights victories-i.e., gains solely in "formal" equality through requirements enshrined in law as to how the state must treat its citizens.