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The Opinion Volume 47 Issue 2 – November 1, 2009, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 01, 2009

Handbook For Promoting Foreign Direct Investment In Medium-Size, Low-Budget Cities In Emerging Markets, Vale Columbia Center On Sustainable International Investment, Millennium Cities Initiative

Columbia Center on Sustainable Investment Books

In November 2009, the Vale Columbia Center on Sustainable International Investment and the Millennium Cities Initiative (MCI) released the Handbook for Promoting Foreign Direct Investment in Medium-size, Low-Budget Cities in Emerging Markets. With foreign direct investment (FDI) flows declining worldwide by an estimated 40-50% this year (following a decline of over 10% in 2008), investment promotion has become more important than ever: in a highly competitive world FDI market, promotion can make all the difference.

Investment promotion is particularly important for cities other than capital cities, as investors in manufacturing and services often locate primarily in a country’s capital …

Question And Answer Session

Journal of Race, Gender, and Ethnicity

No abstract provided.

Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein

Journal of Race, Gender, and Ethnicity

No abstract provided.

Terms Subject To Change: Assent And Unconscionability In Contracts That Contemplate Amendment, Daniel Watkins

Cardozo Law Review

No abstract provided.

A Round Peg For A Square Hole: The Mismatch Between Subprime Borrowers And Federal Mortgage Remedies, Arielle L. Katzman

Cardozo Law Review

No abstract provided.

Consumer Interest In Corporate Law, David Yosifon

Faculty Publications

This Article provides a comprehensive assessment of the consumer interest in dominant theories of the corporation and in the fundamental doctrines of corporate law. In so doing, the Article fills a void in contemporary corporate law scholarship, which has failed to give sustained attention to consumers in favor of exploring the interests of other corporate stakeholders, especially shareholders, creditors, and workers. Utilizing insights derived from the law and behavioralism movement, this Article examines, in particular, the limitations of the shareholder primacy norm at the heart of prevailing "nexus of contracts" and "team production" theories of the firm. The Article concludes …

Condemning Religion: Rluipa And The Politics Of Eminent Domain, Christopher Serkin, Nelson Tebbe

Cornell Law Faculty Publications

Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious Land Use and Institutionalized Persons Act (RLUIPA), compels courts to apply a compelling interest test to zoning and landmarking regulations that substantially burden religiously owned property. That provision has been controversial in itself, but today a new cutting-edge issue is emerging: whether the Act’s extraordinary protection should extend to condemnation as well. The matter has taken on added significance in the wake of Kelo, where the Supreme Court reaffirmed its expansive view of the eminent domain power. In this Article, we argue that RLUIPA should …

Vol. 30, No. 1, Fall 2009: Table Of Contents And Masthead, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Inequalities In Illinois Constitutional Equality, Jeffrey A. Parness, Laura Lee

Northern Illinois University Law Review

In 1970 four new equality provisions were added to the Illinois Constitution, including two explicit equal protection provisions and two explicit antidiscrimination provisions. Shortly thereafter, Elmer Gertz, the Chair of the Bill of Rights Committee for the relevant constitutional convention, declared that we in Illinois have gone beyond all other states and the federal government in eliminating discrimination. Unfortunately, a few years later Gertz lamented that while Illinois had the strongest nondiscrimination provisions of any state constitution, these provisions had only yielded unrealized expectations. Today, the 1970 equality mandates continue to be unrealized. This paper reviews the four provisions and …

Deporting Grandma: Why Grandparent Deportation May Be The Next Big Immigration Crisis And How To Solve It, Marcia A. Yablon-Zug

Faculty Publications

This Article explores the issue of grandparent caregiver deportation. The phenomenon of grandparents raising grandchildren is not new, but the number of children being raised by grandparents is at an all-time high and growing. Numerous circumstances can lead to a grandparent's assumption of caregiving responsibilities, but in most cases, grandparents assume this role because there is no one else. For thousands of children, grandparents are the only family they have, and without them these children would be placed in foster care and subject to the serious problems that plague children in foster care. The importance of grandparent caregivers cannot be …

Surgery Or Butchery? Engquist V. Oregon, Class-Of-One Equal Protection, And The Shift To Categorical Treatment Of Public Employees' Constitutional Claims, Matthew C. Juneau

Louisiana Law Review

No abstract provided.

Issue Contents

Louisiana Law Review

No abstract provided.

Revisiting Downs' Issue-Attention Cycle: International Terrorism And U.S. Public Opinion, Karen K. Petersen

Journal of Strategic Security

Lamenting the lack of public awareness of international events and U.S. foreign policy is not a particularly novel exercise; yet, explaining the process by which issues enter and exit the public realm remains a challenging endeavor. Despite contributions from researchers working in international relations and mass communication, explaining public inattentiveness continues to vex scholars. However, in his article, "Up and Down with Ecology: The 'Issue-Attention Cycle,'" Anthony Downs provides a parsimonious and tractable model of public opinion that can be applied to foreign policy issues.1 While Downs concerns himself exclusively with domestic issues, particularly environmental issues, his model has thepotential …

Islamist Distortions: Hizb Ut- Tahrir A Breeding Ground For Al- Qaida Recruitment, Krishna Mungur

Journal of Strategic Security

In 1953, a radical splinter organization from the Muslim Brotherhood,Hizb ut-Tahrir (HuT), was founded by the Al-Azhar University (Cairo,Egypt) educated jurist Sheikh Taqiuddin an-Nabhani who criticized theMuslim Brotherhood for collaborating with Egyptian secularists, such as Gamal Abdel Nasser. A sizable portion of the more radical members of the Muslim Brotherhood broke away, to join Nabhani's budding movement. Today, HuT is known to operate in more than forty countries, calling for the restoration of the Islamic Caliphate, with a history of violence and links to violent terrorist organizations. Given increasing tensions in the region over the presence of coalition troops, Predator …

Clark Memorandum: Fall 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Latter-day Saint Lawyers and the Public Square (Elder Quentin L. Cook)
• Originalist Roots of Substantive Due Process (Frederick Mark Gedicks)
• The Triumph of the Atonement (Elder Earl C. Tingey)
• The Heart of Lawyering (Kristin B. Gerdy)

Sexual Favoritism: A Cause Of Action Under A "Sex-Plus" Theory, Susan J. Best

Northern Illinois University Law Review

This Comment avers that sexual favoritism is a form of "sex-plus" discrimination. Traditionally, sexual favoritism has been argued as being a form of sexual harassment. Therefore, in order to be successful in a claim for sexual favoritism, a plaintiff must prove sexual harassment. The courts' treatment of sexual favoritism as sexual harassment is problematic for two reasons. First, placing the burden of proof needed for sexual harassment--i.e., proof that the defendant has created a hostile work environment--on plaintiffs injured by sexual favoritism is excessively high. Secondly, because there is no claim under the theory of sexual harassment for instances of …

The Effect Of State Law On The Judge-Jury Relationship In Federal Court, Richard C. Worf Jr.

Northern Illinois University Law Review

The conventional wisdom says that judge-jury rules in diversity cases are governed solely by federal law. My article shows that, to the contrary, under standard Erie principles, state law should (and often already does) exert meaningful influence where state law provides the rule of decision. I begin with a rigorous reexamination of the relevant Supreme Court precedents in this field, and undertake the first study of what the Supreme Court's decision in Gasperini v. Center for Humanities, Inc. means for the judge-jury area. The framework I develop harmonizes Gasperini and the existing Erie cases, demonstrating that state law may influence …

The Marriage Contract In Fine Art, Benjamin A. Templin

Northern Illinois University Law Review

From the fifteenth- to eighteenth-centuries, artists across Europe and England painted a scene depicting the negotiation of a marriage contract. In nearly every painting, a notary sits or stands at a table, quill in hand, memorializing the details of the dowry transfer. Some artists celebrated the accord, while others condemned arranged marriages made for purposes of status and money. Interestingly, at the same time the artists painted, massive changes occurred in the law and political philosophy aimed at changing some of the inherent problems in marriage law, such as the rights of women, the influence of parents, and divorce. To …

"Gun Show Loophole" Bills: A Study Of Legislative Misdirection In 2009, Phillip Van Cleave

Richmond Public Interest Law Review

In the wake of the Virginia Tech massacre in 2007, which left thirty-two students and faculty dead at the hands of a student armed with two handguns, gun-control organizations saw an opportunity to press their legislative agenda items forward with vigor. A host of gun-control bills were introduced in the 2008 and, to a lesser extent, the 2009 General Assembly sessions. For pro-gun groups, Virginia Tech's policy of not allowing any guns on campus was more proof that gun control only disarms good people. These groups argued that criminals, by definition, ignore the law and will simply get their guns …

American Federalism: Punching Holes In The Myth, Hugh D. Spitzer

Washington Law Review

Reviewing Safeguarding Federal: How States Protect Their Interests in National Policymaking, by John D. Nugent (2009).

Legal Beagle Blog (November 2009), Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

Title Page

Louisiana Law Review

No abstract provided.

Volume Contents

Louisiana Law Review

No abstract provided.

The Single-Purpose Container Exception: A Logical Extension Of The Plain View Doctrine Made Unworkable, Daniel Kegl

Northern Illinois University Law Review

This Comment examines the single-purpose container exception to the Fourth Amendment's warrant requirement. Since the exception was recognized in Arkansas v. Sanders and revisited in Robbins v. California, the federal circuits have not agreed as to what evidence courts can consider when deciding whether or not to apply the exception to a particular container. While some circuits allow specialized police knowledge and the circumstances surrounding the container's discovery to be considered, most disallow this evidence in making the same determination. As a result, the continued use of the single-purpose container exception results in an inconsistent application of the Fourth Amendment …

New Labor Law Reform Variations On An Old Theme: Is The Employee Free Choice Act The Answer?, William B. Gould Iv

Louisiana Law Review

No abstract provided.

First Contract Arbitration And The Employee Free Choice Act, Catherine L. Fisk, Adam R. Pulver

Louisiana Law Review

No abstract provided.

A Consumer Warning For The Restatement Of Employment Law: Read Carefully Before Applying, Matthew W. Finkin

Louisiana Law Review

No abstract provided.

Equitable Prescription Drug Coverage: Preventing Sex Discrimination In Employer-Provided Health Plans, Stephen F. Befort, Elizabeth C. Borer

Louisiana Law Review

No abstract provided.

Reforming Labor Law By Reforming Labor Law Preemption Doctrine To Allow The States To Make More Labor Relations Policy, Henry H. Drummonds

Louisiana Law Review

No abstract provided.