Law Commons^™

Paul Verkuil's Projects For The Administrative Conference Of The U.S. 1974-1992, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

I am really happy to be part of this tribute to Paul Verkuil. It may surprise those in the audience to learn that I am bringing some needed diversity to today's proceedings - I am the only other Dutch American on the program! But perhaps my twenty years at the "Administrative Conference" also qualifies me to say a few words about how thrilled I am that we have it back - "ACUS 2.0" we can call it, complete with a website this time- and that Paul is at its helm. And I want to thank Paul for bringing me back …

Acus 2.0 And Its Historical Antecedents, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Secret Inventions, Jonas Anderson

Scholarly Articles in Law Reviews & Journals

Patent law - and innovation policy more generally - has traditionally been conceptualized as antithetical to secrecy. Not only does the patent system require inventors to publicly disclose their inventions in order to receive a patent, but various patent doctrines are designed to encourage inventors to forego trade secrecy. This Article offers a critique of the law’s preference for patents. In particular, this Article examines whether and under what circumstances the law should prefer patents over secrets, and vice versa.

As an initial step towards a theoretically-supported system of inventor incentives, this Article constructs a framework that attempts to balance …

Comcast/Nbcu: The Fcc Provides A Roadmap For Vertical Merger Analysis, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

The FCC’s analysis of the Comcast-NBCU transaction fills a gap in the contemporary treatment of vertical mergers by providing a roadmap for courts and litigants addressing the possibility of anticompetitive exclusion. The FCC identified the factors any judicial or administrative tribunal would likely consider today in analyzing whether a vertical merger would lead to anticompetitive input or customer foreclosure, and a range of economic methods potentially relevant to applying that template to the facts of a transaction. Notwithstanding the difference between administrative adjudication under a public interest standard and judicial decision-making under the Clayton Act, the legal framework and economic …

'Accountability' As 'Legitimacy': Global Governance, Global Civil Society And The United Nations, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This essay is a contribution to a symposium on international NGO accountability. It distinguishes between "internal" accountability for NGOs (fiduciary standards, fiscal and internal governance controls, etc.) and "external" accountability (the legitimacy with which they act in the international world, and the legitimacy which they confer upon others, and why). The essay focuses upon the latter, external accountability, and argues that the transformation of international NGOs into "global civil society" signaled an ideological move with regards to legitimacy in the global community, one which asserted claims of "representativeness" and not merely interest or expertise. The essay criticizes this legitimacy move, …

Legal Education And Civility, Mark Niles

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Security Council Resolution 1973 On Libya: A Moment Of Legal & Moral Clarity, Paul Williams, Colleen Popken

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Earned Sovereignty: The Future Of Sovereignty-Based Conflict Resolution, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Examining Entrenched Masculinities Within The Republican Government Tradition, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

“May all our citizens be soldiers, and all our soldiers citizens,” Sarah Livingston Jay toasted to revelers celebrating the Revolutionary War in 1789. She expressly conveyed what this article describes as the “foundational fusion” of republican government traditions coupling the military service of citizens-soldiers with male political citizenship. While the core of this fusion is deep, long-standing, and well-documented, this article explores the implicit tensions conveyed in her toast – the dominant masculinity dimensions of this foundational fusion. How do women and black men historically gain full political citizenship and effectuate republican government guarantees given its anchoring in entrenched dominant …

An Essay On The Stages Of The Clinical Year In Law School: Group Process With Existentialist Roots, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

This short article focuses on "units," or stages of group process, part of my shared experience in law teaching and in adult education at St. Mark’s Church, Capitol Hill, Washington, DC. The article explores the context of the functional education program of church teaching and its common elements with clinical law teaching. The unit structure from church teaching translates well, I conclude, into the structure of clinical legal education.

Transparency In The Administration Of Laws: The Relationship Between Differing Justifications For Transparency And Differing Views Of Administrative Law, Robert Vaughn

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Notes On Borrowing And Convergence, Robert Tsai, Nelson Tebbe

Scholarly Articles in Law Reviews & Journals

his is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.

Aryans, Gender, And American Politics, Robert Tsai

Scholarly Articles in Law Reviews & Journals

This short essay discusses some of the ways in which the Aryan movement in America activates gendered beliefs for the goal of legal, political, and cultural transformation. In recent years, the community has moved from common law theories of white sovereignty to more robust forms of racial constitutionalism. The piece is drawn from "America's Forgotten Constitutions: Defiant Visions of Power and Community"

A Punishing Court Docket, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Human Element: The Impact Of Regional Trade Agreements On The Human Rights And The Rule Of Law, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Migratory Connectivity And The Conservation Of Migratory Animals, David Hunter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

On The Opposition Of Practical And Theoretical, Elizabeth Earle Beske

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Transitional Justice, Peace, And Prevention, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Email Etiquette, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

9/11 And The Transformation Of U.S. Immigration Law And Policy, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Merger Simulation In An Administrative Context, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

This article addresses the application of the economic literature on merger simulation to the practical context of antitrust enforcement. It highlights the value of simple simulations as a basis for creating screens and presumptions – particularly the gross upward pricing pressure index for the preliminary review of unilateral effects among sellers of branded consumer products and a presumption based on identifying mavericks for the analysis of coordinated effects – in order to provide guidance to merging firms and judges, who may not have specialized competition policy expertise. The article explains why antitrust agencies should rely on these approaches to identify …

Getting To Know The Poor, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Sometimes Putting Pen To Paper Is Tougher Than It Seems, Heather Ridenour, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Proof(Reading) Is In The Pudding, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Introduction, John Shuford

Journal of Hate Studies

On behalf of the Gonzaga University Institute for Hate Studies and the Journal of Hate Studies, it is our pleasure to offer Volume 9 of the Journal. Herein readers will find a collection of eleven articles, a special interview with a recent Nobel Peace Prize nominee, and a remembrance of a woman whose life and work helped inspire the field of Hate Studies.

The present volume includes selected proceedings from the Second International Conference on Hate Studies, which took place April 6-9, 2011 in Spokane, Washington. These articles exemplify the conference’s theme of “Interdisciplinary Approaches to Understanding the Nature of …

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 …

Arizona’S Senate Bill 1070: Targeting The Other1 And Generating Discourses And Practices Of Discrimination And Hate, William Arrocha

Journal of Hate Studies

The state of Arizona, through its Senate Bill 1070, has made legal the practice of profiling as one of the key tools to regulate migration and differentiate those who are presumed to be residing in the state without legal documents. The state is encouraging xenophobia and empowering the groups with a strong anti-immigrant sentiment to become directly involved in the monitoring of such practice. History has shown us that when the state and large sectors of civil society exclude the “other” and criminalize his/her presence, hate toward the “other” is the most common result. The consequences of such a dynamic …

‘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 …

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 …

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 …