Law Commons^™

The Politics Of Corporate Alien Tort Cases, Chimène Keitner

Faculty Scholarship

No abstract provided.

Annotated Brief Of Professors Of Public International Law And Comparative Law As Amici Curiae In Samantar V. Yousuf, Chimène Keitner

Faculty Scholarship

No abstract provided.

Foreign Official Immunity And The "Baseline" Problem, Chimène Keitner

Faculty Scholarship

No abstract provided.

The Role Of Reporter For A Law Project, Rory K. Little

Faculty Scholarship

No abstract provided.

Aba's Project To Revise The Criminal Justice Standards For The Prosecution And Defense Functions, Rory K. Little

Faculty Scholarship

No abstract provided.

New Millennium, Same Glass Ceiling? The Impact Of Law Firm Compensation Systems On Women, Joan C. Williams, Veta Richardson

Faculty Scholarship

No abstract provided.

Preface, Frank H. Wu

Faculty Scholarship

No abstract provided.

Justice Through Pragmatism And Process: A Tribute To Judge Denny Chin, Frank H. Wu

Faculty Scholarship

No abstract provided.

Controlling Greenhouse Gases From Highway Vehicles, Arnold W. Reitze Jr.

Utah Law Faculty Scholarship

This article discusses the program aimed at increasing the efficiency of highway vehicles that is administered by the EPA under the Clean Air Act and by the Department of Transportation.

Employment Discrimination Against Lgbt Utahns, Clifford Rosky, Christy Mallory, Jenni Smith, M.V Lee Badgett

Utah Law Faculty Scholarship

Utah does not have a statewide law that prohibits discrimination based on sexual orientation and gender identity in employment. This report gathers together all existing data on the prevalence of discrimination in Utah to examine how frequently lesbian, gay, bisexual, and transgender Utahns experience employment discrimination based on sexual orientation and gender identity and assess the likely impact of passing a statewide nondiscrimination law.

The report begins by analyzing the data collected through a 2010 survey conducted by Equality Utah, which is the state’s first survey on discrimination based on sexual orientation and gender identity in employment. The data show …

Considering Pathological Altruism In The Law From Therapeutic Jurisprudence And Neuroscience Perspectives, Michael L. Perlin

Articles & Chapters

No abstract provided.

Happy 65th Birthday: What Now?, Peter J. Strauss

Articles & Chapters

No abstract provided.

Racism, Capitalism, And Predatory Lending: How The U.S. Government's Failure To Regulate The Disproportionate Negative Effects Of Payday Lending In Black Communities Violates The International Convention On The Elimination Of All Forms Of Racial Discrimination, Paulina Davis

Articles & Chapters

No abstract provided.

The Search For Fair Agency Process: The Immigration Opinions Of Judge Michael Daly Hawkins, 1994-2010, Lenni B. Benson

Articles & Chapters

Judge Michael Daly Hawkins has been a member of the Ninth Circuit Court of Appeals since 1994; but he has been concerned with the forms and varieties of administrative or bureaucratic process his entire career. When he became a member of the federal judiciary, his role was clearly altered. However, his commitment to fairness and integrity in adjudication remained undiminished. This article will explore some of Judge Hawkins’s many immigration decisions, both majority and dissenting opinions, which reflect his commitment to the preservation of a due process.

The reality of immigration adjudication in the Ninth Circuit is that there are …

Less Than We Might: Meditations On Life In Prison Without Parole, Robert Blecker

Articles & Chapters

Today, death penalty opponents mostly claim life without parole (LWOP) as their genuinely popular substitute punishment for the worst of the worst. These abolitionists embrace LWOP as cheaper, equally just, and equally effective - a punishment that eliminates the state’s exercise of an inhumane power to kill helpless human beings who pose no immediate threat. Furthermore, they insist, LWOP allows the criminal justice system to reverse sentencing mistakes. Some even characterize it as a punishment worse than death.

Thousands of hours in several states, interviewing and observing more than a hundred convicted killers, along with dozens of correctional officers who …

Negativing Invention, Jacob S. Sherkow

Articles & Chapters

Since 1952, the patent statute has forbidden courts from discriminating against, or “negativing,” inventions according to how they were made, be it “long toil and experimentation” or a “flash of genius.” Now, in addressing whether an invention is “obvious,” courts must only examine whether the invention was obvious according to the arts pertinent to that invention — the “analogous” rather than “nonanalogous” arts. This article shows that this dichotomy has actually promoted method-of-invention discrimination in patent law because the subjectivity of the analogous art inquiry has increasingly “analogized” wide fields of prior art as technology has progressed. This, in turn, …

Ask The Professor: “Omg! What Did Mf Global Do?, Ronald Filler

Articles & Chapters

This paper, written one week after MF Global, a large futures brokerage firm filed for bankruptcy, analyzes the bankruptcy, its impact on futures customers and the shortfall in customer funds that occurred on October 31, 2011. Subsequent to MF Global's bankruptcy, several customer protection rules were amended by the U.S. Commodity Futures Trading Commission and the National Futures Association.

Exceptions: The Criminal Law's Illogical Approach To Hiv-Related Aggravated Assaults, Ari Ezra Waldman

Articles & Chapters

This Article identifies logical and due process errors in HIV-related aggravated assault cases, which usually involve an HIV-positive individual having unprotected sex without disclosing his or her HIV status. While this behavior should not be encouraged, this Article suggests that punishing this conduct through a charge of aggravated assault - which requires a showing that the defendant’s actions were a means likely to cause grievous bodily harm or death - is fraught with fallacies in reasoning and runs afoul of due process. Specifically, some courts use the "rule of thumb" that HIV can possibly be transmitted through bodily fluids as …

Globalizing Conservation Easements: Private Law Approaches For International Environmental Protection, Gerald Korngold

Articles & Chapters

For the past thirty years nonprofit organizations have revolutionized open space and habitat conservation in the United States through the use of conservation easements. Pursuant to legislation, nonprofits may now acquire and hold perpetual restrictions that prevent alteration of the subject land’s natural and ecological features. These rights can be held “in gross,” with the result that the nonprofit need not own land near the restricted property and can be based in a distant location.

As a result of this success, proponents in more recent years have advocated the export of “conservation easements” from the United States to other countries. …

Tangled Up In Law: The Jurisprudence Of Bob Dylan, Michael L. Perlin

Articles & Chapters

A a careful examination of Bob Dylan’s lyrics reveals a writer - a scholar - with a well-developed jurisprudence, ranging over a broad array of topics that relate to civil and criminal law, public and private law. His lyrics reflect the work of a thinker who takes “the law” seriously in multiple iterations - the role of lawyers, the role of judges, the disparities between the ways the law treats the rich and the poor, the inequality of the criminal and civil justice systems, the corruption of government, the police, and the judiciary, and more. In this paper, I seek …

Abandoned Love: The Impact Of Wyatt V. Stickney On The Intersection Between International Human Rights And Domestic Mental Disability Law, Michael L. Perlin

Articles & Chapters

Wyatt v. Stickney - the first case to find (40 years ago) a constitutional right to treatment for persons institutionalized because of mental disability - is the most important institutional rights case litigated in the history of domestic mental disability law. It spawned “copycat” litigation in multiple federal district courts and state superior courts, led directly to the creation of “Patients’ Bills of Rights” in most states, and inspired the creation of the Developmental Disabilities Assistance and Bill of Rights Act, the Mental Health Systems Act Bill of Rights, and the federally-funded Protection and Advocacy System. Its direct influence on …

The Ethics Of Willful Ignorance, Rebecca Roiphe

Articles & Chapters

The ABA ethical rules state that a lawyer may not assist a client in conduct that she “knows” is criminal or fraudulent. In this article, I argue that we ought to hold lawyers responsible when they remain willfully ignorant of their clients’ illegal activity. When a lawyer suspects that her client might be engaged in criminal or fraudulent activity, she should have an obligation to investigate. I disagree with prominent legal ethics scholar, David Luban, who has argued that lawyers should be able to turn a blind eye to signs of wrongdoing. I argue that rather than undermining the attorney …

Global Finance, Multinationals And Human Rights: With Commentary On Backer's Critique Of The 2008 Report By John Ruggie, Faith Stevelman

Articles & Chapters

No abstract provided.

Competition Within Intellectual Property Regimes: The Instance Of Patent Rights, Rudolph J.R. Peritz

Articles & Chapters

No abstract provided.

Three Statutory Regimes At Impasse: Reverse Payments In Pay-For-Delay Settlement Agreements Between Brand-Name And Generic Drug Companies, Rudolph J.R. Peritz

Articles & Chapters

No abstract provided.

Deconstructing Lyondell: Reconstructing Revlon, Lawrence Lederman

Articles & Chapters

No abstract provided.

Between The Kingdom And The Desert Sun: Human Rights, Immigration, And Border Walls, Moria Paz

Faculty Scholarship

A peculiar construction boom is in progress worldwide: border walls are being installed by wealthy countries at an unprecedented rate in order to control unwanted immigration by poor people. This Article asks why, almost a quarter of a century after the Iron Curtain came down, the walls are now going up again. It suggests a provocative answer: these separation barriers are a logical response by States to the way in which human rights law has been enforced in cases bearing on immigration. In other words, and counter-intuitively, the recent boom in border wall construction signals the success of the human …

Reviving Judicial Gatekeeping Of Aggregation: Scrutinizing The Merits On Class Certification, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Comparative International Law, Ugo Mattei

Faculty Scholarship

No abstract provided.

Taking A Stand: The Role Of The Early Childhood Teacher In Educating Against Homophobia, Tamar Ascher Shai

Journal of Hate Studies

This article focuses on early childhood educators’ readiness to address controversial issues in the classroom related to gender and sexual identity in young children, with a special focus on homosexuality and homophobia. The terms gender, sexual identity, sexual orientation, homosexuality, and homophobia are defined in relation to the part they play in the lives of young children and their families. The role of early childhood teachers and consequently the roles played by individuals who train teachers (teacher trainers) are also presented for discussion.