Law Commons^™

Eyes On A Climate Prize: Rewarding Energy Innovation To Achieve Climate Stabilization, Jonathan H. Adler

Faculty Publications

Stabilizing atmospheric concentrations of greenhouse gases at double their pre-industrial levels (or lower) will require emission reductions far in excess of what can be achieved at a politically acceptable cost with current or projected levels of technology. Substantial technological innovation is required if the nations of the world are to come anywhere close to proposed emission reduction targets. Neither traditional federal support for research and development of new technologies nor traditional command-and-control regulations are likely to spur sufficient innovation. Technology inducement prizes, on the other hand, have the potential to significantly accelerate the rate of technological innovation in the energy …

Evidence (Routledge Handbook Of International Criminal Law), Nancy Amoury Combs

Faculty Publications

No abstract provided.

The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer

Faculty Publications

No abstract provided.

Debts, Defaults And Details: Exploring The Impact Of Debt Collection Litigation On Consumers And Courts, Mary B. Spector

Faculty Journal Articles and Book Chapters

This Article explores consumer collection litigation through original research from more than five hundred cases filed in the Dallas County courts. It analyzes the data within the context of the modern debt collection industry, paying special attention to the role of debt buyers and to the peculiar legal issues their involvement raises. After explaining the methodology and mechanics used to gather and analyze the data, the Article discusses the data collected, identifying and analyzing the most significant findings and placing them within a larger legal landscape. While the research confirms anecdotal reports of litigation abuse in consumer collection cases, it …

Copyrighting Shakespeare: Jacob Tonson, Eighteenth Century English Copyright, And The Birth Of Shakespeare Scholarship, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

In 1709, Jacob Tonson, the premier publisher of his age, purchased the “copyright” to Shakespeare. Tonson and his family over the next fifty years went on to publish some of the most significant editions of the collected works of Shakespeare, edited by the likes of Nicholas Rowe, Alexander Pope and Samuel Johnson. In many ways, the Tonsons were responsible for the growth of Shakespeare’s popularity and the critical study of his work.

This article discusses the significance of copyright to the Tonsons’ publication decisions. It suggests that the Tonson copyright did not significantly “encourage” their contributions to Shakespeare scholarship. First, …

Wto-Compliant Protection Of Fundamental Rights: Lessons From The Eu Privacy Directive, Carla L. Reyes

Faculty Journal Articles and Book Chapters

Nation states often create legislative schemes regulating services industries in order to protect fundamental rights such as human life, economic security, or human security. World Trade Organization members are constrained in their creation of such regulatory schemes by their obligations under the General Agreement on Trade in Services (‘GATS’). WTO members raised concerns about such constraints even before the creation of GATS. As a result, GATS contains clauses specifically designed to allow members enough regulatory latitude to protect important domestic social interests, such as fundamental rights, while simultaneously liberalising trade in services. WTO jurisprudence interpreting these clauses, however, has called …

A Cautionary Tale On Arbitral Authority: Judges, Arbitrators And The Stolt-Nielsen Decision, William W. Park

Faculty Scholarship

Few matters prove as slippery as the allocation of tasks between judges and arbitrators in commercial disputes. A choice to arbitrate implicates waiver of access to otherwise competent courts in favor of adjudication which is both private and binding. Respect for this bargain means that judges should not normally disturb an arbitrator’s substantive conclusions.

Criminal Law: Egypt, Sadiq Reza

Faculty Scholarship

This chapter presents the substantive criminal law of Egypt according to the sources of that law: the 1971 Constitution, the 1937 Penal Code, and other legislation; decisions by the Supreme Constitutional Court (SCC), the Court of Cassation, and other organs of the Egyptian judiciary; and administrative and executive regulations. The evolution of modern Egyptian criminal law is explained, and contemporary scholarly commentary is referenced; also addressed are the constitutional amendments of 2007, and controversial aspects of the law and its enforcement such as the use of emergency and military courts and the prosecution of alleged homosexuals. The chapter thus serves …

Current And Potential Methods To Undermine A Competitor’S U.S. Patent Application, W. Keith Robinson, M. Haq

Faculty Journal Articles and Book Chapters

The current PTO procedures provide a few choices for a third party to influence the prosecution of a competitors patent application prior to issuance. In the case of protests and public use hearings, the third party may submit documents and explain their relevancy, but must know of the application’s existence prior to publication in order to meet the timeliness requirement. In the case of third-party submissions, the third party has a short two-month window post-publication, but cannot explain the relevancy of the documents submitted. In each case, the time frame within which a third party can act is extremely limited. …

Ethical Guidance For A Grander Jury, Anna Offit

Faculty Journal Articles and Book Chapters

No abstract provided.

Anger And Compassion On The Picket Line: Ethnography And Emotion In The Study Of Westboro Baptist Church, Rebecca Barrett-Fox

Journal of Hate Studies

Feminist ethnographic methods stress the role of empathy for research subjects and researchers’ willingness for their work to be useful to their subjects. When the research subjects are “unloved groups,” though—people whose actions or beliefs are hateful or harmful—some ethnographers argue that such empathy and empowerment is misplaced or leads to uncritical scholarship. In this reflection on the author’s ethnographic study of Westboro Baptist Church, a small Kansas-based congregation infamous for preaching its anti-gay theology at funerals, including the funerals of fallen servicemen and -women, she questions the usefulness of denying an emotional connection with “hatemongers.” Instead, she argues for …

‘Combating The Scourge’: Constructing The Masculine ‘Other’ Through U.S. Government Anti-Trafficking Campaigns, Sarah L. Steele

Journal of Hate Studies

The author argues that nativism, racism, and anti-immigrant sentiment presented by representatives of the U.S. government in the context of human trafficking leaves both victims and traffickers portrayed as one-dimensional criminals. Current anti-trafficking regimes embody and restate xenophobic reactions directed against illegal migrant men, while often disguising the role domestic actors have in trafficking. Additionally, the images presented imply that traffickers are lacking in “proper” masculinity, particularly of the sort embraced by Americans. This article not only explores how government anti-trafficking statements made between 1998 and 2010 create and reinforce divides in masculinities based on regimes of racial domination, but …

Habits Of Hate: A Pragmatist Analysis Of Habits Of Racism And Nativism, Terrence Macmullan

Journal of Hate Studies

There are many different ways of recognizing, describing, and combating racism. This essay extends my previously published research on the topic of whiteness and habit to advance the argument that A) racism (by which I mean primarily white supremacist racism directed against people of color) still exists as a corrosive impediment to the realization of a truly fair and democratic American community, and B) it is best understood as a network of flexible, persistent, yet correctable habits. The primary value of seeing racism in America as being a problem of bad habits rather than as conscious actions or attitudes is …

The Community Security Trust – Best Practice In Combating Antisemitic Hate, Michael Whine

Journal of Hate Studies

The author describes antisemitic activity in post WWII Britain and the Jewish community’s response. as well as legal and political developments in the realm of antisemitism. The author recounts how the Community Security Organisation, which in 1994 became the Community Security Trust (CST), was established in an effort to address security issues being confronted by the Jewish community in Britain. The author details the structure of the CST and lays out its goals and methods. The organization’s activities, which are offered free of charge to the entire community, include providing suggestions and training to community groups and individuals regarding security …

Policing Hatred: A Case Study Of An English Police Force, Jordan Blair Woods

Journal of Hate Studies

This article makes an important contribution to the field of hate studies by advancing the understanding of hate crime policing in the United Kingdom. The article presents an ethnographic case study on hate crime policing within a small-city police station in England. The study focused primarily on the police station’s Community Cohesion Unit (CCU), which was responsible for supporting hate crime informants, and for monitoring and assisting police officers handling hate incidents and hate crimes. The case study is mostly descriptive and exploratory in nature. Its primary objective is to provide needed insight into the inner workings of a police …

Socialization And Hate: Can Higher Education Make A Difference?, Jo Ann Jankoski

Journal of Hate Studies

What happens to students when their “Cycle of Socialization” clashes with their academic discipline and higher education? This qualitative participant observational study is grounded in the Hate Model and its intersection with the Cycle of Socialization as it clashes with social justice in higher education.

From Hate To Collective Violence: Research And Practical Implications, Anne Nassauer

Journal of Hate Studies

This paper deals with the question of how hate leads to collective physical violence: Why is it that people who are filled with hateful emotions sometimes use violent action but mostly do not? By themselves, underlying emotions such as hate are not sufficient conditions for physical violence. However, emotions are not irrelevant for the emergence of violence. My main argument is that situational interaction sequences create emotional dynamics that make collective actors overcome their inhibition threshold and act violently. Insights into the micro-timing of interaction sequences prior to violence are therefore crucial. As social movement demonstrations have recently become reconstructable …

Genocidal Religion, Steven Leonard Jacobs

Journal of Hate Studies

There is no more egregious hateful behavior than that of genocide. There is no more uncomfortable thought than that of religion as a participating factor in the perpetration of genocide, though religious studies scholars come late to any discussion of genocide. This paper, an initial foray into a much longer and more in-depth book-length project, and whose author is desirous of collegial feedback ([email protected]), is a preliminary conversation addressing four precipitating factors: (1) tribalism, (2) religious exclusivism, (3) privileged access to the divine, and (4) a particularistic and parochial reading of sacred texts. It will also attempt, by way of …

Testing As Commodification, Katharine B. Silbaugh

Faculty Scholarship

In this Essay, the author addresses criticism of the testing movement by education experts such as Jonathan Kozol. She explores the similarities in the discourses of philosophical discussions of commodification and behavioural economic discussions of intrinsic motivations. One conclusion that the author draws is that the comparison between the testing movement and commodification literature is not perfect, but they have both been counted, compared and measured, and flattened or thinned out of values.

Enhanced "Blue Sky" Enforcement: A Path To Help Solve Our Public School Funding Dilemma, Marc I. Steinberg

Faculty Journal Articles and Book Chapters

No abstract provided.

The Extraordinary Mrs. Shipley: How The United States Controlled International Travel Before The Age Of Terrorism, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

Terrorist watchlists used to restrict travel into and out of the United States owe their conceptual origins to Mrs. Ruth B. Shipley, the Chief of the State Department’s Passport Division from 1928 to 1955. Mrs. Shipley was one of the most powerful people in the federal government for almost thirty years, but she is virtually unknown today. She had the unreviewable discretion to determine who could leave the United States, for how long, and under what conditions.

This article examines how Mrs. Shipley exercised her power through a detailed study of original documents obtained from the National Archives. It then …

Report Prepared For The Presidential Council Of The Russian Federation For The Development Of Civil Society And Human Rights Regarding The Verdict Of The Khamovnichesky District Court Of The City Of Moscow Against M.B. Khodorkovsky And P.L. Lebedev, Criminal Case N 1-23/10, 27 December 2010, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

This report resulted from an invitation received on April 1, 2011 from the Presidential Council of the Russian Federation for the Development of Civil Society and Human Rights "to participate in an independent public expert analysis of official documents and proceedings in the recent criminal case concerning M.B. Khodorkovsky and P.L. Lebedev, who were convicted by a judgment announced on December 27, 2010." The report was submitted to the Council on October 1, 2011. It was the only report submitted from the United States, the other reports having been sought and received from scholars in Russia, Germany, and the Netherlands. …

The Case Of Colonel Abel, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

In June 2010, journalists for the Associated Press reported the arrest of ten Russian spies, all suspected of being “deep-cover” illegal agents in the United States. Seeking to convey the magnitude of this event, the journalists wrote in the first paragraphs of their article that this “blockbuster series of arrests” might even be as significant as the FBI’s “famous capture of Soviet Col. Rudolf Abel in 1957 in New York.” Colonel Abel’s story of American justice at a time of acute anxiety about the nation’s security is one that continues to resonate today. The honor, and error, that is contained …

Teaching Contract Law: Introducing Students To A Critical Perspective Through Discussion Of Indentured Servitude And Sharecropper Contracts, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

An introductory law school course in contract law, prior to commencing the detailed study of specific doctrines, should at the outset provide some general orientation to the students by presenting them with a broad overview of the conventional characterization of contract law as a benign social institution that facilitates private ordering and promisee reliance. However, this initial orientation to the underlying rationale of the subject should also expose the students to a contrasting and more critical perspective that calls attention to contract law’s occasional use as a means of social domination and oppression. A brief discussion of the history of …

The Uc-Irvine Experiment: Will It Be Effective At Teaching Contract Law?, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

The new law school at the University of California, Irvine is attempting to implement an innovative vision of top-tier legal education that focuses upon preparing students for the practice of law, and which emphasizes skills-based and experiential training. As part of that effort the school has restructured the traditional first-year law school curriculum so that several of the courses each focus on particular analytical methods, specifically common law analysis, statutory analysis, procedural analysis, constitutional analysis, and international legal analysis, rather than on a particular subject matter such as contracts, torts, etc. While there are some advantages to this new approach, …

The Trillion Dollar Problem Of Underwater Homeowners: Avoiding A New Surge Of Foreclosures By Encouraging Principal-Reducing Loan Modifications, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

There are currently well over ten million underwater homeowners whose mortgage obligations exceed the current value of their houses, with an aggregate negative equity position of at least $800 billion and possibly over $1 trillion. The overwhelming majority of these persons continue to make their mortgage payments even though for many their interests would be better served by defaulting. This is therefore an unstable situation that could suddenly erupt with a rapid cascade of millions of strategic defaults, potentially triggering severe macroeconomic dislocations. It is urgent that this situation be defused through the modification of the mortgages of a large …

Mortgage Modification And Strategic Behavior: A Contrarian Reading Of The Countrywide Financial Corporation Settlement, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

Christopher Mayer, Edward Morrison, Thomas Piskorski and Arpit Gupta of Columbia University have recently published in the Law and Finance eJournal a comprehensive study demonstrating the significant impacts on strategic default rates of the widely publicized Countrywide Financial Corporation settlement of 2008. While their study is a solid and convincing descriptive effort, their implicit assumption that strategic defaults are something to be discouraged rather than encouraged, a position that I have criticized in my earlier work, undercuts the usefulness of their work for policy guidance. From their perspective the Countrywide settlement provides a cautionary tale about difficult trade-offs to be …

Cost-Benefit Analysis: Not A Suitable Approach For Evaluating Climate Regulation Policies, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

Cost-benefit analysis is a widely used approach for guiding public sector policy decisions. Given the impetus provided by strong evidence of global warming, numerous scholars are now considering the role that cost-benefit analysis should play, if any, in assessing climate regulation policies, and are offering recommendations as to how this methodology can be better utilized in that context. However, that scholarship invariably overlooks the fact that conventional cost-benefit analyses implicitly embrace the untenable assumption that the genetic identities of future persons are exogenous with regard to the policies being evaluated. The conclusions of such cost-benefit analyses are therefore irrelevant to …

It's The Hard Luck Life: Women's Moral Luck And Eucatastrophe In Child Custody Allocation, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

No abstract provided.

Reasoning From Race: Feminism, Law, And The Civil Rights, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

No abstract provided.