Law Commons^™

Addressing Economic Violence In Times Of Transition: Toward A Positive-Peace Paradigm For Transitional Justice, Dustin N. Sharp

Fordham International Law Journal

No abstract provided.

The Center Cannot Hold: Assessing The Reach Of China's Labor Protections Of Migrant Workers In Africa, Tonya Rodgers

Fordham International Law Journal

No abstract provided.

The Legality Of Using Drones To Unilaterally Monitor Atrocity Crimes, Diana E. Schaffner

Fordham International Law Journal

No abstract provided.

Introduction-The European Union In 2011: Post-Lisbon Progress And The Eurozone Crisis, Roger J. Goebel

Fordham International Law Journal

No abstract provided.

Transparency And Financial Regulation In The European Union: Crisis And Complexity, Caroline Bradley

Fordham International Law Journal

No abstract provided.

Human Rights, The European Union, And The Treaty Route: From Maastricht To Lisbon, Elizabeth F. Defeis

Fordham International Law Journal

No abstract provided.

Building A Socioeconomic Constitution: A Fantastic Object?, Erica Szyszcak

Fordham International Law Journal

No abstract provided.

Invisible Cities In Europe, Nicola Fernanda

Fordham International Law Journal

No abstract provided.

A Fresh Start For The Charter Fundamental Questions On The Application Of The European Charter Of Fundamental Rights, Thomas Van Danwitz, Katherina Paraschas

Fordham International Law Journal

No abstract provided.

Equality Between Europe's Citizens: Where Does The Union Now Stand?, Phillipa Watson

Fordham International Law Journal

No abstract provided.

A Critical Linkage The Role Of German Constitutional Law In The European Economic Crisis And The Future Of The Eurozone, Jared Curzan

Fordham International Law Journal

No abstract provided.

Reverse Environmental Impact Analysis: Effect Of Climate Change On Projects, Michael B. Gerrard

Faculty Scholarship

Environmental impact statements (EISs) examine the effect of the proposed action – typically a construction project, but sometimes a government policy or other activity – on the environment. However, increasing attention is now devoted to looking in the other direction – at how changes in the environment might affect a project.

Reverse environmental impact analysis, as I will call it, has been with us for some time. For example, if a building is planned downwind of a smokestack or downstream of a contaminated groundwater plume, this effect of the outside world has long been considered. However, the emergence of scientific …

The Environment In New York State, Michael B. Gerrard, Claire H. Woods

Faculty Scholarship

This article explores the environmental policy in New York State. Science is significant as a driver of environmental policy, but public opinion is even more important. The story of the New York State's water supply is dominated by the historic quest to supply water to New York City. The State Environmental Quality Review Act (SEQRA) has been the most fertile source of environmental litigation in New York State courts. New York's solid waste expenditures have soared as it has had to pay commercial landfills and incinerators to take waste that had previously been cheaply dumped at Fresh Kills. New York …

Political Disobedience, Bernard E. Harcourt

Faculty Scholarship

The political phenomenon that was born in Zuccotti Park in the fall of 2011 and spread rapidly across the nation and abroad immediately challenged our vocabulary, our grammar, our political categories – in short, our very language of politics. Although it was quickly apparent that a political paradigm shift had taken place before our eyes, it was hard to discern what Occupy Wall Street really represented, politically. It is time to begin to name this phenomenon and in naming to better understand it. So let me propose a term: political disobedience.

The Obligatory Structure Of Copyright Law: Unbundling The Wrong Of Copying, Shyamkrishna Balganesh

Faculty Scholarship

Courts and scholars today understand and discuss the institution of copyright in wholly instrumental terms. Indeed, given the forms of analysis that they routinely employ, one might be forgiven for thinking that copyright is nothing more than a comprehensive government-administered scheme for encouraging the production of creative expression and is therefore quite legitimately the subject matter of public law. While this instrumental focus may have the beneficial effect of limiting copyright’s unending expansion, it also serves as a source of distraction. It directs attention away from the reality that copyright is fundamentally a creation of the law and is thus …

Property As Modularity, Thomas W. Merrill

Faculty Scholarship

Professor Henry Smith’s Property as the Law of Things urges a return to an older conception of property as rights with respect to things – and justifies this in terms of a very new conception of property based on modularity. Throughout, he highlights the importance of information costs in determining the structure of property law, starting with a baseline of in rem rights of exclusion supplemented by governance rules to deal with exceptional situations. I fully agree with his emphasis on the centrality of things in the law of property, the in rem nature of property, the primacy of exclusion …

Journal Staff

Duke Law Journal

No abstract provided.

Cute Prickly Critter With Presbyopia, Don Herzog

Reviews

Ronald Dworkin's' latest, long-awaited, and most ambitious book is a puzzle. Truth in advertising first: despite the title, this isn't centrally a book about justice. It's a book about the realm of value-all of that realm. Dworkin is most interested here in morality, but really touches on all of it, as a matter of the application of the abstract argument and sometimes in black and white right on the page, from aesthetics to prudence to morality to politics to law to . . . . It's fun to read, also frustrating. It stretches out lazily in handling some issues but …

A Crisis In Federal Habeas Law, Eve Brensike Primus

Reviews

Everyone recognizes that federal habeas doctrine is a mess. Despite repeated calls for reform, federal judges continue to waste countless hours reviewing habeas petitions only to dismiss the vast majority of them on procedural grounds. Broad change is necessary, but to be effective, such change must be animated by an overarching theory that explains when federal courts should exercise habeas jurisdiction. In Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ, Professors Nancy King and Joseph Hoffmann offer such a theory. Drawing on history, current practice, and empirical data, King and Hoffmann find unifying themes …

Depopulation In Indian Country, 21st Century Style, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

A strange thing is happening in and across Indian country: the number of federally recognized tribal nations continues to increase—the Tejon people of California were readmitted to the ranks in early January of this year, bringing the number of such groups to 566—while the population figures for existing federally recognized native peoples continues to decline because of the ongoing number of disenrollments of tribal members.

Opening Remarks (2012 Intercultural Human Rights Law Review Annual Symposium), Douglas E. Ray

Intercultural Human Rights Law Review

Dean Douglas E. Ray's opening remarks for the 2012 Intercultural Human Rights Law Review Annual Symposium.

Ensuring Decent Work For Domestic Workers: An Integral Approach To The Prevention Of Labor Trafficking, Mark Ensalaco

Intercultural Human Rights Law Review

The first section of this article situates labor trafficking, including domestic servitude, on a continuum of labor abuse and exploitation, by way of a discussion of the Convention Concerning Decent Work for Domestic Workers. Here the paper cautions against the equal and opposite dangers of categorizing all domestic labor abuse as domestic servitude on the one hand, and ignoring less severe forms of labor abuse, on the other. Moreover, it argues that the strict enforcement of ILO standards aimed at reducing labor abuse and exploitation is necessary to prevent involuntary labor, including involuntary labor in the home. The second section …

Back To Freedom: From Surviving To Thriving - A Panel Discussion, Ana I. Vallejo, Simone Celestin, Sabrina Salomon

Intercultural Human Rights Law Review

Panel discussion by Ana Isabel Vallejo, Esq., Ms. Simone Celestin, and Sabrina Salomon, Esq., entitled "Back to Freedom: From Surviving to Thriving".

Double Jeopardy In The Inter-American System Of Human Rights: Balancing The Right And The Remedy, Lisl Brunner

Intercultural Human Rights Law Review

On December 11, 2009, the Guatemalan Supreme Court ordered the re-opening of four cases involving murders committed toward the end of the country's civil war. The concise sentences were nearly identical in their summary determinations to vacate all earlier sentences - some of which were acquittals of the accused - and to resume criminal proceedings "against all those that might be responsible" for the crimes. The Guatemalan Supreme Court acknowledged that it was complying with judgments of the Inter- American Court of Human Rights (IACtHR), which had determined the international responsibility of Guatemala for failing to investigate the killings with …

Disparities In Park Availability, Features, And Characteristics By Social Determinants Of Health Within A U.S.-Mexico Border Urban Area, Amir Kamel

Open Access Theses & Dissertations

Background: Parks have been shown to be a key feature in the built environment that promote physical activity and positively influence health. However, a number of studies have highlighted that park availability, park features (e.g., park facilities, amenities, and aesthetic features), and park characteristics (e.g., quality/safety concerns of the park and surrounding neighborhood) are not equally distributed across neighborhoods in the U.S, specifically areas of low socioeconomic status and diverse racial/ethnic composition. The overall aim of this study was to examine and describe park availability, park features, and park characteristics, and determine their association with two social determinants of health …

Lacking A Connection To A Community Water System: Water Quality And Human Health Impacts In El Paso Colonias, Yolanda Jane Mcdonald

Open Access Theses & Dissertations

Water-borne disease and its symptoms, such as stomach cramps and diarrhea, are a serious concern in areas that are not connected to a public water system. To investigate the impacts of not being connected to a community water system, I surveyed households in El Paso County colonias that were not connected to a community water system (household n = 75, individual n= 293) and households that were connected to a community water system (household n = 75, individual n= 320). I conducted 150 door-to-door surveys and tested water samples from each household for free residual chlorine level, turbidity level, presence …

A Study Of International Wastewater Challenges And Policy In The Tijuana River Watershed, Gloria Ann Villaverde

Open Access Theses & Dissertations

Since the 1930s, untreated and undertreated sewage from Tijuana, Baja California, México has been released into the Tijuana River Watershed causing contamination of the water supply, crops, the Tijuana Estuary and California beaches. Passage of the North American Free Trade Agreement (NAFTA) has exacerbated the problem by causing population and industrial growth explosions for which there have been insufficient services to meet the needs of the people. The waters of the Tijuana River flow (from México) north over the International Border, into the Tijuana Estuary, discharge out to the Pacific Ocean and often flow north, up the California Coast; therefore, …

The Effects Of Defendant And Juror Language Use On Sentencing Recommendations, Victoria Christine Estrada

Open Access Theses & Dissertations

Spanish-language testimony is an extra-legal variable not widely studied in the legal psychology field. More emphasis has been placed on the translation of the testimony as well as accent attitudes. The current study extended research conducted by Stephan and Stephan (1986) to investigate the impact of Spanish-speaking defendants and mock-juror's language use and proficiency on sentencing recommendations. Two hundred and seventy-seven participants from the University of Texas at El Paso read a case vignette of a first-degree aggravated assault and asked were asked to provide sentence recommendations for the defendant. The defendant's testimony was presented in English or Spanish with …

Chapter 11 Reorganization And The Fair And Equitable Standard: How The Absolute Priority Rule Applies To All Nonprofit Entities, Pamela Foohey

Scholarly Works

In recent years, nonprofit entities increasingly have sought bankruptcy protection. Though the Bankruptcy Code does not prevent nonprofits from reorganizing, Chapter 11 was designed for and applies best to for-profit businesses. This creates challenges for courts evaluating a nonprofit’s reorganization plan. This Article focuses on one crucial aspect of a court’s evaluation — the fair and equitable standard, a necessary, but not sufficient condition of which is satisfaction of the absolute priority rule.

The few courts addressing absolute priority claims in nonprofit reorganizations have held that the rule is categorically inapplicable to nonprofit entities except in limited circumstances. These courts …

Contemporary Meaning And Expectations In Statutory Interpretation, Hillel Y. Levin

Scholarly Works

This Article introduces and explores an approach to, or theme within, statutory interpretation, one grounded in contemporary meaning and expectations. This approach posits that judges interpreting ambiguous statutes are and should be constrained by the understanding and expectations of the contemporary public as to the law’s meaning and application. These are developed in response to, and mediated by, the actions and statements of government officials and the broader community. The Article argues that this apparently radical approach is necessary in order for law to maintain its moral force, and further that the principles underlying it are embedded in several doctrines …