Law Commons^™

Beyond Ruggie’S Guiding Principles On Business And Human Rights: Charting An Embracive Approach To Corporate Human Rights Compliance, Robert C. Blitt

Scholarly Works

To what extent should or must a corporation contemplate international human rights law? Following a brief discussion of the increasing influence of transnational corporations and global business transactions, as well as the growth of the international human rights system, this Article uses the 2011 United Nations’ Guiding Principles on the effective prevention of, and remedy for, business-related human rights harm as a jumping-off point for addressing the most recent developments related to identifying and regulating business-related human rights practices. After identifying an emerging divide between endorsement and criticism of the Guiding Principles, the Article concludes with a forward-looking view, arguing …

Tunisia: Springtime For Defamation Of Religion, Robert C. Blitt

Scholarly Works

No abstract provided.

Ilsa Journal Of International And Comparative Law-Volume 19-2012-2013, Todd Wise, Jennifer Valiyi, Hillary Rosenzweig, Rina Bodner, Anca Oprea, Sylvia Cano, Kimberly Stephenson, Stephen Mervis, Rebecca Rodriguez, Yuna Scott, Robert Adams, Kenneth Louie, Sasha Stauffer

ILSA Journal Mastheads

No abstract provided.

Against Certainty, Shawn J. Bayern

Scholarly Publications

No abstract provided.

Policing Identity, Wayne A. Logan

Scholarly Publications

Identity has long played a critical role in policing. Learning “who” an individual is not only affords police knowledge of possible criminal history, but also of “what” an individual might have done. To date, however, these matters have eluded sustained scholarly attention, a deficit that has assumed ever greater significance as government databases have become more comprehensive and powerful. Identity evidence, in short, has and continues to suffer from an identity crisis, which this Article seeks to remedy. The Article does so by first surveying the methods historically used by police to identify individuals, from nineteenth-century efforts to measure bodies …

The False Promise Of Risk-Reducing Incentive Pay: Evidence From Executive Pensions And Deferred Compensation, Kelli A. Alces, Brian D. Galle

Scholarly Publications

No abstract provided.

It's Not A Tax (Statutorily), But It Is A Tax (Constitutionally), Steve R. Johnson

Scholarly Publications

No abstract provided.

Is Complementarity The Right Approach For The International Criminal Court’S Crime Of Aggression - Considering The Problem Of Overzealous National Court Prosecutions, Jennifer Trahan

Cornell International Law Journal

At the first Review Conference on the Rome Statute of the International Criminal Court (ICC), the Assembly of States Parties to the ICC adopted an amendment defining the crime of aggression and conditions for the ICC's exercise of jurisdiction over the crime. Because the definition will be incorporated into the existing framework of the Rome Statute, the crime will be subject to the "complementarity" provision contained therein. That provision specifies that a case is "inadmissible" before the ICC if there are national investigations and/or prosecutions, unless the state demonstrates an unwillingness or inability to investigate or prosecute the case. By …

Orientation And Residence Life: Legal Considerations, Cady Denton, Samuel Earls, Nikki N. Eversole, Robin Hume, Stephanie Lott, Kathryn Looft

Parameters of Law in Student Affairs and Higher Education (CNS 670)

No abstract provided.

Omission Suspicion: Juries, Hearsay, And Attorneys’ Strategic Choices, Justin Sevier

Scholarly Publications

Attorneys understand that presenting evidence consists of a series of strategic choices. Yet legal scholars have not studied whether jurors are sensitive to the trial strategy that underlies those choices. Do jurors question why an attorney has omitted what jurors consider the “best” evidence of some trial fact and has instead put forth weaker evidence? Do they attempt to understand the motivation behind that choice, and does that affect their legal judgments?

Six original experiments explore these questions in the context of hearsay evidence. The experiments reveal a ubiquitous finding: Jurors carefully scrutinize a party’s strategy for presenting hearsay, and …

Environmental And Energy Law Perspectives: Fall 2012, Environmental And Energy Law Program

Environmental and Energy Law Perspectives

No abstract provided.

The Art Of Persuasion: International/Comparative Human Rights, The Supreme Court Of Canada And The Reconstitution Of The Canadian Security Certificate Regime, Graham Hudson

PhD Dissertations

In this dissertation, the author explores the jurisprudential foundations of the “relevant and persuasive” doctrine, which authorizes Canadian judges to rely on international and comparative human rights when interpreting the Charter of Rights and Freedoms. Viewed in its best light, this doctrine improves respect for human rights in two distinct ways: securing Canada’s compliance with its international human rights obligations and enhancing the responsiveness of state law to the global and multicultural context of Canadian society. However, actual jurisprudence suggests that the doctrine has helped undermine principles of respect for constitutional supremacy and respect for international law, in part because …

Clinics & Externships: Reflections From The Front Lines, University Of Michigan Law School

Newsletters

Fall 2012 / Winter 2013 issue of the University of Michigan Law School Clinics' newsletter.

Talking Drugs: The Burden Of Proof In Post-Garcetti Speech Retaliation Claims, Thomas E. Hudson

Washington Law Review

Law Enforcement agencies fire their employees for speaking out in favor of drug legalization, which leads the employees to sue their former employers for violating their First Amendment Free Speech rights. These employee claims fall under the U.S. Supreme Court’s complex speech retaliation test, most recently articulated in Garcetti v. Ceballos. The analysis reveals that circuit courts are inconsistent as to who bears the burden of proving that they prevail under “Pickering balancing,” and how they should construct that burden. This Comment argues that U.S. Supreme Court precedent demands that the employer bears the “Pickering balancing” burden, and that …

Fatca: A Big Concern For Fat Cats And Small Fries Alike, Wayne C. Wood

In the Balance

No abstract provided.

The Attorney Signature Block On A Brief: A Jumping-Off Point For Discussing Ethics, Heidi K. Brown

Faculty Scholarship

No abstract provided.

When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti

Cornell Journal of Law and Public Policy

No abstract provided.

Batter Up: Who’S Prepared To Take The Hit From The Stuxnet Aftermath?, Kortney Mosley

In the Balance

No abstract provided.

2 Vol, 1 Issue, Table Of Contents - In The Balance, Global Business Law Review

In the Balance

No abstract provided.

Where Are Your Drugs Really Made And Who Is Regulating It?, Floyd Trillis Iii

In the Balance

No abstract provided.

Mission: Impossible, Mission: Accomplished Or Mission: Underway? A Survey And Analysis Of Current Trends In Professionalism Education In American Law Schools, Mary Ann Robinson

Working Paper Series

This Article identifies common characteristics of effective professionalism instruction to provide guidance in how to design innovative professionalism instruction. After introducing the topic in Part I, Part II of this Article describes the origins and development of the professionalism education movement in American Law schools. Part III of this Article explains our methods for collecting information and identifies and summarizes the predominant trends, and provides examples of noteworthy programs or initiatives. Part IV concludes by describing our method for assessing successful programs and identifying the characteristics of effective professionalism instruction.

Drinking Water Resource Directory, New England Environmental Finance Center

Sustainable Communities Capacity Building

This document is intended to help local and regional planning agencies, and their constituent water utilities, integrate drinking water infrastructure planning and investments into plans for sustainable development. Resources listed here provide guidance on making land use decisions that protect water resources, setting adequate and sustainable drinking water rates, controlling water loss, funding water infrastructure projects, and managing water utilities.

The directory was developed by the Environmental Finance Center Network through the Capacity Building for Sustainable Communities program funded by the U.S. Department of Housing and Urban Development and the Environmental Protection Agency. Through this program, EFCN is providing capacity …

Ungating Suburbia: Property Rights, Political Participation, And Common Interest Communities, Ross Thomas

Cornell Journal of Law and Public Policy

No abstract provided.

Pimps, Johns, And Juvenile Prostitutes: Is New York Doing Enough To Combat The Commercial Sexual Exploitation Of Children, Marihug Cedeno

Cornell Journal of Law and Public Policy

No abstract provided.

Defective Information: Should Information Be A Product Subject To Products Liability Claims, Joseph L. Reutiman

Cornell Journal of Law and Public Policy

No abstract provided.

Bad Juror Lists And The Prosecutor’S Duty To Disclose, Ira P. Robbins

Cornell Journal of Law and Public Policy

No abstract provided.

Promises, Policies, And Principles: The Supreme Court And Contractual Obligation In Labor Relations, Daniel P. O'Gorman

Cornell Journal of Law and Public Policy

No abstract provided.

From Grutter To Fisher: Is Justice Sandra Day O’Connor’S Legacy In Danger?, Kristina M. Campbell

The University of New Hampshire Law Review

[Excerpt] “This paper explores the impact of Justice O’Connor on the Court’s race and education jurisprudence, both in the context of primary through secondary school education and in public universities. Section II outlines Justice O’Connor’s biography and explores several external influences on the Justice. Section III reviews the Court’s race and education jurisprudence prior to Justice O’Connor’s appointment to the Court. Section IV exposes the Court’s jurisprudence in this area during Justice O’Connor’s time on the Court, with an emphasis on those opinions authored by Justice O’Connor. Section V offers an analysis of the aftermath of Justice O’Connor’s race and …

State Default And Synthetic Bankruptcy, Richard M. Hynes

Washington Law Review

An insolvent state does not need bankruptcy if sovereign immunity would protect it from lawsuits and other collection efforts. To the extent that a state is not judgment-proof and needs bankruptcy, we may not need to modify the Federal Bankruptcy Code to allow it to file. First, a substantial share of state spending flows through their municipalities, and these municipalities have substantial obligations of their own. Unlike states, municipalities can file for bankruptcy under current law, and a state could substantially reduce the cost of accomplishing its own fiscal goals by forcing its municipalities to file. Second, states may be …

Constitutional Cacophony: Federal Circuit Splits And The Fourth Amendment, Wayne A. Logan

Scholarly Publications

Despite their many differences, Americans have long been bound by a shared sense of constitutional commonality. Federal constitutional rights, however, can and do often vary based on geographic location, and a chief source of this variation stems from an unexpected origin: the nation's federal circuit courts of appeals. While a rich literature exists on federal circuit splits in general, this Article provides the first empirical study of federal constitutional law circuit splits. Focusing on Fourth Amendment doctrine in particular, the Article highlights the existence of over three dozen current circuit splits, which result in the unequal allocation of liberty and …