Law Commons^™

Dysfunction Junction: Should The Courts Rethink The Functional Approach To Legislative Immunity For State Officials?, Matthew D. Savin

Seventh Circuit Review

A state legislative immunity doctrine that affords greater protection from civil liability than the federal common law doctrine clearly interferes with federal law. At first glance, a state's decision to afford less protection than offered under federal law might not appear to interfere with the federal interest in administering federal law, but Supreme Court precedent and public policy considerations still prohibit the abrogation of federal legislative immunity as it pertains to state officials.

The potential conflict between state and federal legislative immunity was addressed in Empress Casino Corp. v. Blagojevich, where the Seventh Circuit discussed whether former Gov. Rod …

New Civil Liability For Corporations: The Seventh Circuit Takes A Stand On The Alien Tort Statute, Xiomara C. Angulo

Seventh Circuit Review

Many Americans may be surprised to learn that because of the Alien Tort Statute (ATS), federal courts are open to foreign plaintiffs who may bring claims against non-immune public officials for violations of international law. Recent litigation in the field has hit a speed bump, however, and the multi-million dollar question is whether the ATS covers corporations. The circuit courts of appeals are split on the issue. The Seventh Circuit ruled in Flomo v. Firestone National Rubber Co. that the ATS does apply to corporations that commit violations of international law. In reaching this conclusion, the Seventh Circuit rejected the …

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

Pearson V. Callahan And Qualified Immunity: Impact On First Amendment Law, David L. Hudson Jr.

First Amendment Law Review

No abstract provided.

Take One Step Forward: Federal Courts Continue To Find That Volunteers Are Shielded From Retaliation Based On Protected Speech Under The First Amendment, David A. Grenardo, Samuel D. Davis, Thomas M. Gutting

First Amendment Law Review

No abstract provided.

Civility In Government Meetings: Balancing First Amendment, Reputational Interests, And Efficiency, Terri Day, Erin Bradford

First Amendment Law Review

No abstract provided.

Revisiting The Right To Offend Forty Years After Cohen V. California: One Case's Legacy On First Amendment Jurisprudence, Clay Calvert

First Amendment Law Review

No abstract provided.

Road Scholars - September 2011, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

The September 2011 issue of Road Scholars highlights law faculty members' scholarly activities beyond the walls of the William S. Boyd School of Law.

2011-2012 Gsulr Masthead, Georgia State University College Of Law

Law Review Mastheads

No abstract provided.

Actionable Acts: "Severe" Conduct In Hostile Work Environment Sexual Harassment Cases, James Concannon

Buffalo Journal of Gender, Law & Social Policy

This paper examines the significant weight that courts accord proof of especially "severe" conduct in hostile work environment sexual harassment cases. Such conduct is often found by courts to satisfy the "severe or pervasive" test established by the Supreme Court in Harris v. Forklift Systems, Inc., even if the plaintiff does not present proof that the harassing conduct occurred with great frequency.' Part I provides an introduction to the Supreme Court's hostile work environment jurisprudence and the origins of the severe or pervasive test. Part II begins the exploration into the disjunctive nature of the severe or pervasive test. …

Sext Me L8ter: The Legal Conundrum Of Sexting In Schools And A Plan For Schools To Stop It, Bethany L. Arliss

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Sugar Dating: A New Take On An Old Issue, Alex Miller

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Torch (September/October 2011), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Human Trafficking For Begging, Iveta Cherneva

Buffalo Human Rights Law Review

Beggars are a part of the street landscape of any major city. However, many of the children and elderly women begging on the streets are forced beggars: victims of trafficking in persons who are part of a beggars ring with an organizational complexity comparable to that of a medium-size business enterprise. The present work focuses on the phenomenon of trafficking in persons for the purpose of begging, arguing for its legal conceptualization under international law. Although it is occasionally mentioned in a limited number of international reports and legal documents as a form of trafficking-related exploitation, forced begging is a …

"Catch-22": The Role Of Development Institutions In Promoting Gender Equality In Land Law – Lessons Learned In Post-Conflict Pluralist Africa, Amrita Kapur

Buffalo Human Rights Law Review

This article explores the contours of development policies as they have been applied to pluralistic legal systems, with a specific focus on their effects on women in post-conflict African countries. Drawing on research that firmly establishes the importance of women's social, economic and political participation in post-conflict development, it identifies the flaws in gender-neutral land titling initiatives introduced and encouraged by development institutions. It then describes the gender-sensitive laws enacted as a response to continuing gender discriminatory practices in Rwanda, Mozambique and Uganda. While taking into account the existence of customary law, these laws explicitly affirm women's rights with respect …

Samantar V. Yousuf: Recent Developments In The Laws Governing Civil Torture Claims In U.S. Courts, Solomon B. Shinerock

Buffalo Human Rights Law Review

No abstract provided.

Yoram Dinstein, The Conduct Of Hostilities Under The Law Of International Armed Conflict, Adam Hayes

Buffalo Human Rights Law Review

No abstract provided.

"Death To Gays!" Uganda's 'One Step Forward, One Step Back' Approach To Human Rights, Tiffany M. Lebrón

Buffalo Human Rights Law Review

No abstract provided.

Asylum To A Particular Social Group: New Developments And Its Future For Gang-Violence, Lorena S. Rivas-Tiemann

Tulsa Law Review

No abstract provided.

The Cross Examiner, Seton Hall University School Of Law

Newspapers

No abstract provided.

The Origins Of African American Interests In International Law, Henry J. Richardson Iii

Buffalo Human Rights Law Review

No abstract provided.

Fordham Lawyer, No. 1 - Fall 2011, Fordham Law Alumni Association, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.

Statistical Criticism Of Jury Selection Methods In The Western District Of Oklahoma, R. Darcy, Brett M. Stingley

Buffalo Public Interest Law Journal

No abstract provided.

The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?, Anthony Giannetti

Buffalo Public Interest Law Journal

No abstract provided.

When We Lie To The Government, It's A Crime, But When The Government Lies To Us, It's … Constitutional?, Harvey Gilmore

Buffalo Public Interest Law Journal

No abstract provided.

When Push Comes To Shove: Mandatory Immunization In Times Of Pandemic-Type Emergencies, Philip P. Houle, Suzanne R. Houle

Buffalo Public Interest Law Journal

No abstract provided.

Anti-Sprawl Initiatives: How Complete Is The Convergence Of Environmental, Desegregationist And Fair Housing Interests?, Zoë Prebble

Buffalo Public Interest Law Journal

No abstract provided.

Property, Liberty, And The Rights Of The Community: Lessons From Munn V. Illinois, Paul Kens

Buffalo Public Interest Law Journal

When considering the extent to which the United States Constitution places a limit on government regulation of business, today's historians and constitutional theorists treat the question as a matter of balancing economic liberty or property rights against government power. Moreover, modem scholars commonly maintain that this balancing formula represents the predominant tradition in constitutional history. Tracing it back to the tenants of Jacksonian democracy that emphasized distrust of government, they imply that constitutional history has developed as a straight line: always with an emphasis on individual liberty and always with a presumption that entrepreneurial liberty should be favored over governments' …

Skinny On The Federal Menu-Labeling Law & Why It Should Survive A First Amendment Challenge, Dayna B. Royal

First Amendment Law Review

No abstract provided.

Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal

Connecticut Public Interest Law Journal

No abstract provided.