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Articles 1 - 23 of 23
Full-Text Articles in Law
Modern Police Practices: Arizona V. Gant's Illusory Restriction Of Vehicle Searches Incident To Arrest, Seth W. Stoughton
Modern Police Practices: Arizona V. Gant's Illusory Restriction Of Vehicle Searches Incident To Arrest, Seth W. Stoughton
Faculty Publications
In 2009, the Supreme Court overturned thirty years of precedent with a decision that purported to dramatically cut back on the ability of law enforcement officers to conduct warrantless vehicle searches incident to the arrest of a vehicle occupant. Scholars and commentators celebrated Arizona v. Gant’s constraint of police, and subsequent scholarship has focused exclusively on peripheral concerns such as alternative justifications for warrantless searches and Gant’s effect on non-vehicle searches. This Note challenges the core assumption that Gant will substantially limit vehicle searches incident to arrest, contending that Gant is far more permissive than it appears. In most cases, …
Presidential Power And Constitutional Responsibility, Thomas P. Crocker
Presidential Power And Constitutional Responsibility, Thomas P. Crocker
Faculty Publications
Some constitutional theorists defend unbounded executive power to respond to emergencies or expansive discretionary powers to complete statutory directives. Against these anti-Madisonian approaches, this Article examines how the textual assignment of republican virtues helps to constitute and constrain the president's power. The Madisonian solution for constitutional constraint both creates institutions for unenlightened statesmen and relies on virtue to make governing possible. Constitutional responsibility is a consistent textual theme found in the command to "take Care that the Laws be faithfully executed," the responsibility to remain faithful to the office of president, and the obligation to preserve the Constitution itself. Although …
Engaging The Legal Academy In Disaster Response, Susan Kuo, Davida Finger, Laila Hlass, Anne Hornsby, Rachel Van Cleave
Engaging The Legal Academy In Disaster Response, Susan Kuo, Davida Finger, Laila Hlass, Anne Hornsby, Rachel Van Cleave
Faculty Publications
This article discusses three models of law school engagement that have been used to respond to natural disasters. The three models discussed are a disaster law clinic, a course on disaster law, and a student-led initiative featuring non-credit, pro bono placements. Each model offers a conceptual approach for integrating community-based, justice-oriented initiatives into academic and clinical teaching. Taken as templates for a more permanent model of engagement in the area of post-disaster law and social justice, these models demonstrate that the legal academy can meet its service obligation to the community while training lawyers to better appreciate the central tenets …
The Case For Tradable Tax Credits, Clint Wallace
The Case For Tradable Tax Credits, Clint Wallace
Faculty Publications
This note argues that tradable tax credits offer advantages as compared to other mechanisms the federal government can use to affect social and economic policy. Policymakers should consider the tradable tax credit as a potentially desirable form of tax incentive, rather than a necessity of political compromise as was the case in the enactment of existing tradable credits. First, the note establishes that tradable tax credits can be the economic equivalent of direct spending programs and of refundable tax credits. Next, the note examines a limited but significant set of circumstances in which the tradable tax credit can offer efficiency …
Book Review: Concepts In Law: Whom Should You Trust? Plans, Pragmatism, And Legality, Thomas P. Crocker
Book Review: Concepts In Law: Whom Should You Trust? Plans, Pragmatism, And Legality, Thomas P. Crocker
Faculty Publications
No abstract provided.
Taking International Law At Its Word And Its Spirit: Re-Envisioning Responsibility To Protect As A Binding Principle Of International Law, Tessa R. Davis
Taking International Law At Its Word And Its Spirit: Re-Envisioning Responsibility To Protect As A Binding Principle Of International Law, Tessa R. Davis
Faculty Publications
No abstract provided.
Appearance Of The Impropriety, Recusal, And The Segars-Andrews Case, John P. Freeman
Appearance Of The Impropriety, Recusal, And The Segars-Andrews Case, John P. Freeman
Faculty Publications
No abstract provided.
Lost In Doctrine: Particular Social Group, Child Soldiers And The Failure Of U.S. Asylum Law To Protect Exploited Children, Tessa R. Davis
Lost In Doctrine: Particular Social Group, Child Soldiers And The Failure Of U.S. Asylum Law To Protect Exploited Children, Tessa R. Davis
Faculty Publications
Exploited and persecuted, child soldiers live lives dominated by violence, fear, and death. Very few will find security within their own nations or abroad. Subjected to exclusionary bars or rigid interpretations of the particular social group ground for asylum, U.S. asylum law frequently functions to exclude those lucky few children who are able to escape their persecutors. Scholars writing on child soldiers and asylum law focus, almost exclusively, on the exclusionary bars and question of whether children are persecutors or victims of atrocities. These concerns are critical because how courts view child soldiers determines whether they will grant or deny …
Deal Or No Deal: Why Courts Should Allow Defendants To Present Evidence That They Rejected Favorable Plea Bargains, Colin Miller
Deal Or No Deal: Why Courts Should Allow Defendants To Present Evidence That They Rejected Favorable Plea Bargains, Colin Miller
Faculty Publications
No abstract provided.
Queensland Law Firms Partner With Regulators And Researchers To Improve Firms’ Ethical Culture, Elizabeth Chambliss
Queensland Law Firms Partner With Regulators And Researchers To Improve Firms’ Ethical Culture, Elizabeth Chambliss
Faculty Publications
No abstract provided.
Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia A. Yablon-Zug
Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia A. Yablon-Zug
Faculty Publications
No abstract provided.
"Do Androids Dream?": Personhood And Intelligent Artifacts, F. Patrick Hubbard
"Do Androids Dream?": Personhood And Intelligent Artifacts, F. Patrick Hubbard
Faculty Publications
This Article proposes a test to be used in answering an important question that has never received detailed jurisprudential analysis: What happens if a human artifact like a large computer system requests that it be treated as a person rather than as property? The Article argues that this entity should be granted a legal right to personhood if it has the following capacities: (1) an ability to interact with its environment and to engage in complex thought and communication; (2) a sense of being a self with a concern for achieving its plan for its life; and (3) the ability …
Notional Generosity: Explaining Charitable Donors' High Willingness To Part With Conservation Easements, Josh Eagle
Notional Generosity: Explaining Charitable Donors' High Willingness To Part With Conservation Easements, Josh Eagle
Faculty Publications
No abstract provided.
From The Schoolhouse To The Poorhouse: The Credit Card Act's Failure To Adequately Protect Young Consumers, Eboni S. Nelson
From The Schoolhouse To The Poorhouse: The Credit Card Act's Failure To Adequately Protect Young Consumers, Eboni S. Nelson
Faculty Publications
No abstract provided.
Race And Socioeconomic Diversity In American Legal Education: A Response To Richard Sander, Danielle R. Holley-Walker
Race And Socioeconomic Diversity In American Legal Education: A Response To Richard Sander, Danielle R. Holley-Walker
Faculty Publications
No abstract provided.
Fair Use As A Matter Of Law, Ned Snow
Fair Use As A Matter Of Law, Ned Snow
Faculty Publications
Courts have recently abandoned the centuries-old practice of construing fair use as an issue of fact for the jury. Fair use now stands as an issue of law for the judge. This change is threatening traditional contours of copyright law that protect fair-use speech. Courts, then, must reform their current construction of fair use by returning to its origins— fair use as a factual matter for the jury. Yet even if courts do construe fair use as a matter of fact, the question remains whether courts should ever decide fair use as a matter of law. To answer this question, …
Searching For Equality: Equal Protection Clause Challenges To Bans On The Admission Of Undocumented Immigrant Studies To Public Universities, Danielle R. Holley-Walker
Searching For Equality: Equal Protection Clause Challenges To Bans On The Admission Of Undocumented Immigrant Studies To Public Universities, Danielle R. Holley-Walker
Faculty Publications
No abstract provided.
The Forgotten Right Of Fair Use, Ned Snow
The Forgotten Right Of Fair Use, Ned Snow
Faculty Publications
Free speech was once an integral part of copyright law; today it is all but forgotten. At common law, principles of free speech protected those who expressed themselves by using another's expression. Free speech determined whether speakers had infringed a copyright. To prevail on a copyright claim, then, a copyright holder would need to prove that the speaker’s use fell outside the scope of permissible speech - or in other words, that the use was not fair. Where uncertainty prevented that proof, fair use would protect speakers from the suppression of copyright. Today, however, all this has changed. Copyright has …
Expectations In Tort, David G. Owen
2010: It Was A Very Good Year…To Die--Or Was It?, S. Alan Medlin, F. Ladson Boyle, Howard M. Zaritsky
2010: It Was A Very Good Year…To Die--Or Was It?, S. Alan Medlin, F. Ladson Boyle, Howard M. Zaritsky
Faculty Publications
No abstract provided.
Procuring Meaningful Land Rights For The Women Of Rwanda, Aparna Polavarapu
Procuring Meaningful Land Rights For The Women Of Rwanda, Aparna Polavarapu
Faculty Publications
Land reform and gender equality are important development issues in post-Genocide Rwanda. Beginning in 1999, the government of Rwanda passed and implemented reforms which granted women rights to own and use land on an equal status with men. However, as is expected with widespread social reform, obstacles continue to inhibit widespread gender equality in practice. In Rwanda, major social obstacles manifest in the form of (1) resistance to allowing daughters to inherit land from their parents, (2) adherence to assumptions of female inferiority, and (3) the persistence of informal marriages, in which wives remain unprotected by the new laws. Interested …
A Distaste For War At Walden Pond: Thoreau's The Bean-Field, Theories Of Personal Property, And The Mexican-American War, Jesse M. Cross
A Distaste For War At Walden Pond: Thoreau's The Bean-Field, Theories Of Personal Property, And The Mexican-American War, Jesse M. Cross
Faculty Publications
Upon the tenth anniversary of their graduation from Harvard University, the members of the Harvard class of 1837 were sent a survey asking them to state, among other things, their current occupation. One member of this class, Henry David Thoreau, undoubtedly encountered this request while in a peculiar frame of mind. Thoreau responded to the survey on September 30, 1847, less than four weeks after he had left the small home he had occupied for two years at Walden Pond. Once again a "sojourner in civilized life," as he would put it in Walden, Thoreau responded to his alma mater …
Law On The Books Vs. Law In Action: Under-Enforcement Of Morocco’S Reformed 2004 Family Law, The Moudawana, Ann M. Eisenberg
Law On The Books Vs. Law In Action: Under-Enforcement Of Morocco’S Reformed 2004 Family Law, The Moudawana, Ann M. Eisenberg
Faculty Publications
Morocco shares cultural, religious, and linguistic roots with more conservative countries in the region, yet the Moroccan government has interpreted similar traditions to yield the starkly different stance that gender equality is desirable. Morocco’s Moudawana, the 2004 legislation on family law with provisions largely derived from Islamic sources, confers unprecedented rights on Moroccan women. Part I of this Note evaluates the Moudawana in light of its break with traditional Shari’a, alongside its fidelity to other Islamic law principles in giving Moroccan women unprecedented rights. While the new Moudawana has provisions addressing inheritance, children’s rights, and assets within a marriage, this …