Law Commons^™

A Proposal For 'Philosophical Method' In Comparative And International Law, John Martin Gillroy

Pace International Law Review Online Companion

A basic challenge of contemporary thought is to better understand the origin, persistence, and future course of international/ comparative law. I suggest that a foundational step is to begin treating the law as a philosophical matter. I propose that comparative and international legal theory require a distinct methodology that is as integrated and systematic as positivism, but which better recognizes the dialectic interdependence of normative and empirical and the metaphysical interdependence of theory and practice. Philosophical Method, as systematized by R.G. Collingwood, promotes the dialectic over the eristic, looks for overlap rather than definitive scientific classification, argues for comprehensive philosophy …

Discriminatory Acquittal, Tania Tetlow

William & Mary Bill of Rights Journal

This article is the first to analyze a pervasive and unexplored constitutional problem: the rights of crime victims against unconstitutional discrimination by juries. From the Emmett Till trial to that of Rodney King, there is a long history of juries acquitting white defendants charged with violence against black victims. Modem empirical evidence continues to show a devaluation of black victims; dramatic disparities exist in death sentence and rape conviction rates according to the race of the victim. Moreover, just as juries have permitted violence against those who allegedly violated the racial order, juries use acquittals to punish female victims of …

Your Honor, I Seen Him With That Gang: The Constitutionality Of The Federal Criminal Street Gang Statute In The Wake Of Apprendi V. New Jersey, Jennifer E. Fleming

William & Mary Bill of Rights Journal

No abstract provided.

Violence In The House, Katherine Hite

Human Rights & Human Welfare

There was something particularly haunting in reading this Kristof and WuDunn piece during the week’s major US headlines: a girl in California had been imprisoned for eighteen years in the home of a man who kidnapped and raped her, fathered her children, and employed her in his small enterprise—a business card design and printing agency. Business clients interviewed for the story appeared completely taken aback. Clients had always found the now twenty-nine-year-old Jaycee Dugard “professional, polite, and responsive” as well as “creative and talented in her work.” Others expressed similar shock, recounting that Ms. Dugard “was always smiling.” Ms. Dugard’s …

Land & Water Planning: Another State's Perspective - Water Resources Regional Plan Policies, Kathleen M. Chavez, P.E.

Publications

No abstract provided.

A Defense Of Embryonic Stem Cell Research, Gregory Dolin

All Faculty Scholarship

On November 21, 2007, sensational scientific developments were reported by major newspapers, both in the United States and abroad. The media reported a new breakthrough in the area of stem cell research. According to two articles published in Science and Cell (both highly respected scientific journals), two teams of scientists were able to “reprogram” adult stem cells into embryonic stem cells, without actually having to experiment on embryos. The discovery was immediately hailed by the White House and other opponents of embryonic stem cell research. The New York Times gushed that the “stem cell wars” may be at an end. …

Imagining Judges That Apply Law: How They Might Do It, James Maxeiner

All Faculty Scholarship

"Judges should apply the law, not make it." That plea appears perennially in American politics. American legal scholars belittle it as a simple-minded demand that is silly and misleading. A glance beyond our shores dispels the notion that the American public is naive to expect judges to apply rather than to make law.

American obsession with judicial lawmaking has its price: indifference to judicial law applying. If truth be told, practically we have no method for judges, as a matter of routine, to apply law to facts. Our failure leads American legal scholars to question whether applying law to facts …

Accounting For Differences Among Patients In The Fda Approval Process, Mark Van Der Laan, Anup Malani, Oliver Van Der Bembom

Coase-Sandor Institute for Law & Economics Research Paper Series

The FDA employs an average-patient standard when reviewing drugs: it approves a drug only if the average patient (in clinical trials) does better on the drug than on control. It is common, however, for different patients to respond differently to a drug. Therefore, the average-patient standard can result in approval of a drug with significant negative effects for certain patient subgroups (false positives) and disapproval of drugs with significant positive effects for other patient subgroups (false negatives). Drug companies have a financial incentive to avoid false negatives. After their clinical trials reveal that their drug does not benefit the average …

"The Female Entrepreneur"?, Cath Collins

Human Rights & Human Welfare

I read the “Women’s Crusade” article that forms the centrepiece of this month’s roundtable with initial interest, gradually turning to a vague sense of disquiet spiced with occasional disbelief. After a few more readings, I tried highlighting the passages that bothered me and stringing them together. Countries “riven by fundamentalism”— that’s presumably the Islamic variety, rather than the Christian variant which holds such sway in the US. The suggestion that “everyone from the World Bank to the US [...] Chiefs of Staff to [...] CARE” now thinks that women are the answer to global extremism hides too many questionable assumptions …

The Tricky Business Of Copying, Stealing And Protecting, Knowledge@Smu

Knowledge@SMU

People click “yes” and “agree” on pop-up windows on their computer screens without much thought and without really knowing what they are agreeing to. But does the act of clicking bind a person, contractually? Terms and conditions presented on electronic devices have been known to be lengthy and dreary, thereby unappealing to the masses. Most people do not have the patience to read the entire list of items, so they choose, instead, to turn in their rights altogether – blindly. Why have people become indifferent and what are the implications for businesses? Andrea Matwyshyn, a speaker at the Wharton-SMU Research …

Nafta Chapter 11-"Direct Effect" And Interpretive Method: Lessons From Methanex V. United StateS, Alan C. Swan

University of Miami Law Review

No abstract provided.

Shattered Hearts (Full Report): The Commercial Sexual Exploitation Of American Indian Women And Girls In Minnesota., Alexandra (Sandi) Pierce

Annual Interdisciplinary Conference on Human Trafficking: 1st (2009)

Table of contents

Acknowledgements iii

Background 1

Organization of the report 3

I The context 4

Native women’s experiences during colonization 5

Native women’s experiences during national expansion 7

Native girls’ boarding school experiences 8

Impact of assimilation policies on Native women 10

The damage caused by life in prostitution 14

II Methods and definitions 16

III Prevalence 28

Involvement in prostitution 28

Involvement in the Internet sex trade 35

IV Patterns in entering the sex trade 36

Age of entry 36

Modes of entry 39

V Factors that facilitate entry 53

Generational trauma 53

Runaway, thrown away, and/or homeless …

Introduction: The Sustainability Principle, Irma S. Russell

Faculty Works

No abstract provided.

October Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

The Women's Crusade. By Nicholas D. Kristof and Sheryl WuDunn. The New York Review of Books. August 17, 2009.

Misunderstanding Provocation, Samuel H. Pillsbury

University of Michigan Journal of Law Reform

Provocation is and always has been a compromise rule whose success depends on its ability to appeal to all ideological constituencies, and therefore will always-as long as it lasts-resist the final categorization that this question seeks. As long as provocation involves an inquiry into reasonableness, it will include considerations of justification. As long as it provides for mitigation of punishment based on the difficulty of resisting temptations to violence inspired by strong emotion, it will speak to considerations of excuse.

Adequate (Non)Provocation And Heat Of Passion As Excuse Not Justification, Reid Griffith Fontaine

University of Michigan Journal of Law Reform

For a number of reasons, including the complicated psychological makeup of reactive homicide, the heat of passion defense has remained subject to various points of confusion. One persistent issue of disagreement has been the justificatory versus excusatory nature of the defense. In this Article, I highlight and categorize a series of varied American homicide cases in which the applicability of heat of passion was supported although adequate provocation (or significant provocation by the victim) was absent. The cases are organized to illustrate how common law heat of passion may apply in instances in which there is no actual provocation or …

The Values Of Interdisciplinarity In Homicide Law Reform, Robert Weisberg

University of Michigan Journal of Law Reform

Professor Reid Fontaine's article, Adequate (Non)Provocation and Heat of Passion as Excuse Not Justification, makes a convincing case for treating heat of passion wholly as an excuse not a justification, as the only sensible way to comprehend its various forms. In doing so, Professor Fontaine stimulates further thinking about heat of passion doctrine, along two dimensions.

Unjustified: The Practical Irrelevance Of The Justification/Excuse Distinction, Gabriel J. Chin

University of Michigan Journal of Law Reform

In recent decades, the distinction between justification and excuse defenses has been a favorite topic of theorists of philosophy and criminal law. Notwithstanding the impressive intellectual efforts devoted to the task, no single scholar or viewpoint appears to be on the verge of generating practical consensus about the concepts of justification and excuse, categorization of the defenses, or categorization of difficult individual cases. This Essay suggests that none of these goals can be usefully advanced through the justification/excuse distinction.

On Passion's Potential To Undermine Rationality: A Reply, Reid Griffith Fontaine

University of Michigan Journal of Law Reform

This Reply is organized into several sections. Following the Introduction, I respond to my six distinguished commentators. In Section II, I consider Professor Chin's concern that the distinction between justification and excuse bears no practical relevance for the criminal law. In Section III, I respond to Professor Baron's argument that reasonable mistake of fact is consistent with justification-a view, she observes, that is generally reflected in the criminal law. Building on the discussion of whether mistake and justification are compatible, Section IV addresses Professor Pillsbury's treatment of heat of passion as a hybrid defense that uniquely incorporates components of both …

The Costs Of Liquidity Enhancement: Transparency Cost, Risk Alteration, And Coordination Problems, Edward J. Janger

Faculty Scholarship

No abstract provided.

Disclosure Of Juror Identities To The Press: Who Will Speak For The Jurors?, Kenneth J. Melilli

Cardozo Public Law, Policy & Ethics Journal

The article argues that courts misapply the First Amendment right of access by disclosing juror identities, which can lead to harassment. It advocates for concealing juror information to protect them, similar to how soldiers are protected after service. The solution proposed is to respect jurors' preferences regarding disclosure.

Sex And Slavery: An Analysis Of Three Models Of State Human Trafficking Legislation, Melynda H. Barnhart

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Protecting The Retail Investor In An Age Of Financial Uncertainty, Barbara Black

University of Dayton Law Review

No abstract provided.

Striking Out: The Genetic Information Nondiscrimination Act Of 2008 And Title Ii's Impact On Professional Sports Employers, Rhonda B. Evans

North Carolina Journal of Law & Technology

No abstract provided.

We Can Work It Out: A Chance To Level The Playing Field For Radio Broadcasters, Cassondra C. Anderson

North Carolina Journal of Law & Technology

No abstract provided.

New Ruralism, Emily M. Stratton

Land Use Clinic

This paper explores how New Ruralism expounds upon the principles behind New Urbanism, showcases examples of local communities experimenting with the novel idea, and addresses the potential of the movement to be a nationwide occurrence.

The Sohn Collection Shines At Uga School Of Law, Thomson Reuters

Articles, Chapters and Online Publications

An interview with Anne Burnett, foreign and international law librarian at the Alexander Campbell King Law Library, reveals a unique library collection from a former world scholar.

Analyzing The Polluter Pays Principle Through Law And Economics, Boris N. Mamlyuk

Southeastern Environmental Law Journal

No abstract provided.

The South Carolina Conservation Bank: A Commitment To Conservation, Amanda B. Turner

Southeastern Environmental Law Journal

No abstract provided.

Ocean Policy And Change: Is There Hope For Ocean Reform, Christopher Shane Studley

Southeastern Environmental Law Journal

No abstract provided.