Law Commons^™

The Slutwalk Movement: A Study In Transnational Feminist Activism, Joetta L. Carr

Journal of Feminist Scholarship

In the past two years the term "slut" ricocheted through the North American media and showed up on signs and banners on every continent as young feminists and their allies launched a series of demonstrations under the name of SlutWalks. In January 2011, a Toronto police officer told students at York University that if women wanted to avoid rape they should not dress like sluts. This incident sparked international outrage, with protests spreading quickly throughout the world, and revealed the misogyny and victim-blaming vitriol that characterize contemporary patriarchal culture. In the wake of the global SlutWalk movement, important questions have …

Breaking The Gender Binary: Feminism And Transgressive Female Desire In Lucía Etxebarria's Beatriz Y Los Cuerpos Celestes And La Eva Futura/La Letra Futura, Lauren Applegate

Journal of Feminist Scholarship

The popular texts of Spanish author Lucía Etxebarria have created a polemical social phenomenon in contemporary Spain for their blatant depiction of a world of violence, drugs, and experimental sex of the late-millennium youth culture of Generación X. These topics, along with Etxebarria's public persona and feminist ideology, have fomented much public criticism and given rise to discussion of the current status of feminism, gender norms, and women's authorship in Spain today. This article analyzes Etxebarria's novel Beatriz y los cuerpos celestes and her collection of feminist essays La Eva futura/La letra futura, demonstrating that Etxebarria's depiction of female desire …

Third Wave Feminism's Unhappy Marriage Of Poststructuralism And Intersectionality Theory, Susan Archer Mann

Journal of Feminist Scholarship

This article first traces the history of unhappy marriages of disparate theoretical perspectives in US feminism. In recent decades, US third-wave authors have arranged their own unhappy marriage in that their major publications reflect an attempt to wed poststructuralism with intersectionality theory. Although the standpoint epistemology of intersectionality theory shares some common ground with the epistemology of poststructuralism, their epistemological assumptions conflict on a number of important dimensions. This contested terrain has generated serious debates within the third wave and between second- and thirdwave feminists. The form, content, and political implications of their "unhappy marriage" are the subject of this …

From Global Financial Crisis To Sovereign Debt Crisis And Beyond: What Lies Ahead For The European Monetary Union?, Caroline Bradley

Articles

No abstract provided.

Proceedings Of The Seventh International Humanitarian Law Dialogs, Recent Developments In International Criminal Law: 2012–2013, Mark A. Drumbl

Scholarly Articles

This publication is based on Professor Drumbl’s keynote address on August 27, 2013 at the Seventh International Humanitarian Law Dialogs held in Chautauqua, New York.

Tender Is The Night: Should Your Expert Be?, Cynthia Ford

Faculty Journal Articles & Other Writings

This article discusses the practice of tendering an expert for acceptance or certification by the court at trial in the presence of the jury. The article considers Tennessee and Montana state and federal evidence law. The author suggests that Montana courts and lawyers should comply with the A.B.A. Updated Civil Trial Standard 14 and let juries assess the testimony of a Rule 702 witness without a special designation accorded by the judge certifying a witness as an "expert" in his or her field.

Prior Statements In Montana: Part Ii, Cynthia Ford

Faculty Journal Articles & Other Writings

This article is part two of a two-part series on prior statements in Montana. This article examines prior consistent statements under M.R.E.. 801(d)(1)(B) and how the language of the rule is unclear and confusing, especially compared to the federal version. As a result, Montana has a myriad of case law attempting to apply the Montana rule on prior consistent statements. The article first provides background to the establishment of the rule about prior consistent statements. Next the article discusses both federal and Montana "trigger" cases and compares Montana's approach with that of the federal courts. The article then offers suggestions …

In-Court Identifications Not Hearsay, Are Admissible, Cynthia Ford

Faculty Journal Articles & Other Writings

This article examines M.R.E. 801(d)(1)(C) and begins by looking at Montana case law before the rule was adopted and after it was adopted. The article follows with a look at the plethora of federal cases interpreting 801(d)(1)(C). The article points out that although Montana's version of 801(d)(1)(C) mirrors the same rule in the F.R.E, it doesn't seem that the Montana rule is used very often in reported cases. The author concludes that the rule is a good tool to escape from a hearsay objection and thereby avoid a protracted excursion into the numerous hearsay exceptions. Further, the rule applies in …

Prior Statements In Montana: Part I, Cynthia Ford

Faculty Journal Articles & Other Writings

This article is part one of a two-part series on prior statements in Montana. In part one, the article explores Montana's approach to prior inconsistent statements under M.R.E. 801. The article states that prior inconsistent statements are clearly admissible in Montana state court trials. Once a witness has testified on the stand, anything else said on the same subject, anywhere, any time, to anyone, which outright contradicts trial testimony, or serves to fill a memory lapse on the stand, is admissible -- not just for impeachment, but also to prove the fact earlier asserted.

A Refresher: Mt Evidence Law Sources And Research, Cynthia Ford

Faculty Journal Articles & Other Writings

This article discusses how to locate, research, and use Montana evidence law sources.

Rule 611(C): Where You Lead, I Will Follow, Cynthia Ford

Faculty Journal Articles & Other Writings

This article examines M.R.E. 611(c), which relates to leading questions when examining witnesses. The first part of the article discusses the purpose behind the "no-leading on direct" rule and how to tell leading from non-leading questions. Then the article offers tips for leading and non-leading questions and answers the question of why leading on cross is allowed. Lastly, the article examines how strictly the rule is observed and reviews Montana cases on 611(c).

Recalibrating Campaign Finance Law, Anthony Johnstone

Faculty Journal Articles & Other Writings

This Essay seeks to provide a theoretical framework for conceptualizing this relationship and considering reforms. Part I traces the variation of campaign finance regimes across several political eras and several jurisdictional scales. Strikingly, although similar six-figure campaign finance scandals prompted the reforms of each era, federal lawmakers in each era have drawn progressively lower one-size-fits-all contribution limits and disclosure thresholds. Meanwhile, state campaign finance laws have been more carefully calibrated to reflect the electoral and financial circumstances of particular electoral contests. Part II considers the currently permissible means and ends of campaign finance law and how they constrain the calibration …

Who's Standing In The District After Grayson V. At&T Corp.? The Applicability Of The Case-Or-Controversy Requirement In D.C. Courts, John W. Curran

American University Law Review

No abstract provided.

The Fourth Amendment Future Of Public Surveillance: Remote Recording And Other Searches In Public Space, Marc Jonathan Blitz

American University Law Review

No abstract provided.

Is Disparate Impact Having Any Impact? An Appellate Analysis Of Forty Years Of Disparate Impact Claims Under The Fair Housing Act, Stacy E. Seicshnaydre

American University Law Review

No abstract provided.

Prospects And Practices For Crpd Implementation In Africa, Janet E. Lord, Michael Ashley Stein

Book Chapters

African states strongly embraced the adoption of the CRPD, along with its Optional Protocol. The Working Group that developed the foundational text of the treaty included delegations from seven African nations. Likewise, the lone seat allocated within the Working Group to represent national human rights institutions was held by a South African Human Rights Commissioner. Sixteen African countries signed the CRPD on the first day it opened for signature, and 34 have ratified it, contributing to a rapid entry into force. In addition, 18 African states are party to the Optional Protocol to the CRPD, thereby assenting to its complaint …

Table Of Contents

Marquette Sports Law Review

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Corporate Responsibility And Climate Justice: A Proposal For A Polluter-Financed Relocation Fund For Federally Recognized Tribes Imperiled By Climate Change, Randall S. Abate

Fordham Environmental Law Review

No abstract provided.

The Varieties Of Comparative Institutional Analysis, Daniel H. Cole

Articles by Maurer Faculty

This paper, written as a contribution to a festchrift in honor of Neil Komesar, subjects his "comparative institutional analysis" (CIA) to a comparative analysis with various other social-scientific approaches to CIA.

Neil Komesar is among the very few legal scholars who has taken to heart Ronald Coase's call for comparative institutional analysis (CIA) of alternative "social arrangements." While Komesar has plowed a relatively lonely furrow in the legal academy, scholars from across the social sciences have been engaged in CIA (broadly defined), using various terminologies, methodologies, and evaluative criteria. This paper takes a pluralistic approach to understanding the differences in …

Intracorporate Opportunism: Redistributional Compensation And Fixing Underexposed Abuses Of Corporate Wealth, Scott H. Mollet

UC Law Business Journal

Changes in government policy significantly affect the value of investments, and in some circumstances, the government may have to provide compensation for losses in investment value. Discussions on whether these losses should be compensated have failed to investigate whether changes to corporate governance policy are similar to the standard model against compensation for policy change. Acorporation combines a variety of economic interests and decisionmakers that permits opportunistic behavior in ways not considered in the compensation debate. This Articlequestions whether the presumption against compensation sufficiently addresses this risk of opportunism due to changes in corporate policy. This Article identifies the potential …

The Uncertain Viability Of A Single Member Limited Liability Company As A Choice Of Entity, John A. Pearce Ii, Lya A. Lipin

UC Law Business Journal

Single Member Limited Liability Companies (“SMLLC”) play an increasing role in a wide array of transactions—including corporate reorganizations, like-kind exchanges, and asset protection. However, recent legal developments showcase pitfalls and uncertainty associated with utilizing SMLLCs as an operating business entity. Specifically, courts have held that creditors of a SMLLC can go beyond traditional remedies of obtaining a charging order or piercing the corporate veil to satisfy an existing judgment. For owners to take full advantage of the SMLLC form, they need to heed the cautions implicit in recent legal developments and enact operating agreements and bylaws that help preserve control …

Metaphors And Persuasion, Jonathan Van Patten

Faculty Publications

No abstract provided.

Copyright And The Fall Line, David Nimmer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Lawyers And Mediation: Lessons From Mediator Stories, Sharon Press

Faculty Scholarship

In Stories Mediators Tell, Lela Love and Eric Galton have compiled a compelling anthology of stories about mediation. Not surprisingly, most of the stories involve a significant moment when something special happened for the parties. The author was reminded of presentations by Baruch Bush and Joe Folger in the early 1990's (around the time the first edition of The Promise of Mediation was published). They would ask mediators who attended their sessions to recount to a partner one of their memorable mediations. Inevitably, the stories were about transformative moments - of parties obtaining clarity for the first time - of …

Why Register Hedge Fund Advisers—A Comment, Lyman P.Q. Johnson

Washington and Lee Law Review

No abstract provided.

Shareholder Primacy In The Classroom After The Financial Crisis, David Millon

Journal of Business & Technology Law

No abstract provided.

Dakota Tribal Courts In Minnesota: Benchmarks Of Self-Determination, Sarah Deer, John E. Jacobson

Faculty Scholarship

Professor Frank Pommersheim has written that “[t]ribal courts are the front line institutions that most often confront issues of American Indian self-determination and sovereignty.”1 It is only fitting, then, that an issue devoted to the legal history and survival of Dakota people includes some information about the role Dakota tribal courts play in furthering the aims of self-determination. Of the over 565 federally recognized tribes in the United States, most operate some form of dispute resolution or judicial system—and all have distinct, unique histories and stories.2 Little has been written about the Dakota legal systems, and it is in the …

Book Review: John N. Mack, Bucking The Railroads On The Kansas Frontier: The Struggle Over Land Claims By Homesteading Civil War Veterans, 1867-1876, Sean Kammer

Faculty Publications

No abstract provided.

Coming To Terms With Wilderness: The Wilderness Act And The Problem Of Wildlife Restoration, Sean Kammer

Faculty Publications

The Wilderness Act of 1964 calls for the preservation of certain areas in their natural, untrammeled condition. Even as wilderness preservation continues to be among the most popular of environmental causes, federal land management agencies have encountered various dilemmas in fulfilling their preservationist obligations. The Wilderness Act was designed to protect these areas from direct and immediate human disturbances, but serious questions are raised about the legal meaning of “wilderness” when the areas are deemed threatened by human-induced changes occurring on a much wider, or even global, scale. Some have advocated for increased interventions into the natural ecologies of wilderness …

A Broken Shield: A Plea For Formality In The Juvenile Justice System, Robin Walker Sterling

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.