Law Commons^™

The Charter At Thirty, Michael Ignatieff

Osgoode Hall Law Journal

No abstract provided.

Rights Adjudication In A Plurinational State: The Supreme Court Of Canada, Freedom Of Religion, And The Politics Of Reasonable Accommodation, Sujit Choudhry

Osgoode Hall Law Journal

A disproportionate number of the Supreme Court of Canada’s recent cases on freedom of religion come out of Quebec and involve claims for reasonable accommodation. These decisions represent a point of national cleavage in two respects. First, in each case the Quebec Court of Appeal rejected the section 2(a) claims, and the Supreme Court of Canada overturned its decision. Second, the Supreme Court has often divided on national lines with one or more francophone judges from Quebec writing a concurrence or a sharp dissent. Moreover, francophone judges from outside Quebec have also broken ranks with their colleagues. The cleavages on …

Aboriginal And Treaty Rights And Violence Against Women, John Borrows

Osgoode Hall Law Journal

Violence against Indigenous women is a crisis of national proportions. Unfortunately, Indigenous peoples have been prevented from arguing that Indigenous communities are a constitutional site of activity for dealing with such violence. This article suggests that Aboriginal and treaty rights under section 35 of the Constitution could play a significant role in ensuring that all levels of government are seized with the responsibility for dealing with violence against women. This article explores how section 35 could be reinterpreted in ways that place issues of gender and violence at the heart of its analysis.

The New Borders Of The Constitutional, Gavin W. Anderson

Osgoode Hall Law Journal

The key critical constitutional debates of the future are likely—and need—to be very different from those that animated the Charter’s first thirty years. Since 1982, the borders between law and politics, rights and utility, and the public and the private have staked out the main territory contested by critical scholarship. However, these borders now demarcate a restricted landscape, drawing critics onto the ground of normative debate preferred by liberal theory, and leading them to propose, at best, a form of moderate pragmatism. A more promising approach lies in reconnecting constitutional debate to the socio-historical strand of critical theory, as represented …

The Influence Of Systems Analysis On Criminal Law And Procedure: A Critique Of A Style Of Judicial Decision-Making, Bernard E. Harcourt

Faculty Scholarship

This draft analyzes the birth and emergence of the idea of the “criminal justice system” in the 1960s and the fundamentally transformative effect that the idea of a “system” has had in the area of criminal law and criminal procedure. The manuscript develops a critique of the systems analytic approach to legal and policy decision making. It then discusses how that critique relates to the broader area of public policy and contemporary cost-benefit analysis.

The draft identifies what it calls “the systems fallacy” or the central problem with approaching policy questions from a systems analytic approach: namely, the hidden normative …

North Carolina Bids Goodbye (Again) To The Rule In Dumpor's Case, John V. Orth

Faculty Publications

No abstract provided.

Law Schools, Leadership, And Change, Susan P. Sturm

Faculty Scholarship

Law schools train many of the nation’s leaders. As Professor Fred Rodell observed, “it is the lawyers who run our civilization for us – our governments, our business, our private lives.” The legal profession was already closely linked to leadership at the founding of the country, when lawyers constituted almost half of the signers of the Declaration of Independence and more than half of the members of the Constitutional Convention. Lawyers now bear major responsibility for leading the institutions that structure the governance, education, and day-to-day lives of the polity. Ten percent of the CEOs of the top fifty companies …

Index Theory: The Law, Promise And Failure Of Financial Indices, Gabriel Rauterberg, Andrew Verstein

Faculty Scholarship

Financial indices, like the S&P 500 or the Consumer Price Index, have become a ubiquitous feature of our financial markets. One index, the London InterBank Offered Rate ("Libor"), may be the world's most important number, an interest rate benchmark upon which hundreds of trillions of dollars depend. Yet, almost every day new revelations emerge that Libor was tampered with during the height of the financial crisis by one or many of the world's most prominent banks, with billions of dollars potentially misappropriated. This index disruption has attracted tremendous interest from regulators, private litigants, and market observers. Despite their importance, however, …

The Price Of Sunshine: Open Dependency Courts And Their Risks To Lgbtq Child Abuse And Neglect Victims, William Wesley Patton

Journal of Hate Studies

The following analysis surveys the vast child and adolescent psychiatric evidence regarding the significant risks that LGBTQ youth suffer from the fear of disclosure and/or the actual publicity of their sexual orientation once child dependency proceedings are presumptively opened to the media and the public in general.

The Society Of Jesus And The Eradication Of Hate, Michael W. Maher

Journal of Hate Studies

The reality of vendettas, and violent responses against real or supposed breaches of personal or familial honor, marked the landscape of Europe during the early modern period, from nautical expansion, which began in 1450, through the French Revolution in the 1790s. In particular, in cultures identified as Mediterranean, as described as a discrete cultural archetype by historian Fernand Braudel (1972), specific societies held codes of honor and “face,” the term used to designate a personal appearance that reflected a status of inner dignity and exterior relations. Subsequently, violent out- breaks resulted from attempts to return honor, good face, and the …

Film Review: S. Leo Chiang’S Mr. Cao Goes To Washington, Jessica Maucione

Journal of Hate Studies

S. Leo Chiang’s documentary-biopic, Mr. Cao Goes to Washington, opens in New Orleans in 2010 as Joseph Cao closes out his two years in the U.S. House of Representatives and hopes desperately but doubtfully for re-election—a situation Cao likens to “waiting to see a dentist before you get your teeth pulled out.” Part character study and part exposé of the current state of partisan politics in Congress, the film tells the story of Cao’s 2008 victory—the biggest upset of the 2008 Congressional elections—and his two years of service. During his term, Congressman Cao goes from enthu- siastic idealist to a …

In Tribute: M. Katherine B. Darmer, Tom Campbell, Erwin Chemerinsky, Bobby L. Dexter, Katherine M. Franke, Mark Osler, Marisa S. Cianciarulo, James L. Doti, Richard D. Fybel, Kirsten E. Gillibrand, Tiffany Chang

Faculty Scholarship

The editors of the Chapman Law Review respectfully dedicate this issue to Professor M. Katherine B. Darmer.

Incarceration And The Economic Fortunes Of Urban Neighborhoods, Jeffrey A. Fagan, Valerie West

Faculty Scholarship

This chapter turns to the response of the criminal justice system to neighborhood violence, in particular examining to what extent persistently high levels of incarceration can depress economic well-being and human capital in disadvantaged and racially segregated communities. A panel analysis of New York City neighborhoods between 1985 and 1996, a period in which the city's violent-crime rates both rose and fell sharply, provides evidence that high incarceration rates reduce income growth, educational attainment, and work experience in disadvantaged and racially segregated neighborhoods. To rectify this, targeted micro investment and housing development in such areas can break the connection between …

Freedom Of Speech, Defamation, And Injunctions, David S. Ardia

Faculty Publications

No abstract provided.

Expedited Approval Of Energy Projects: Toward Assessing The Forms Of Procedural Relief, Michael B. Gerrard

Faculty Scholarship

If we are to prevent the worst effects of climate change, a major shift in the world’s energy systems will be needed, including the construction of a massive number of clean energy facilities. Under one well-known scenario, this will require — along with many other actions — the construction of 230 wind farms the size of the proposed Cape Wind project in Nantucket Sound; 1,000 large solar generating facilities of about ten square miles each; 1,400 natural gas-fired electric generating stations; 800 carbon capture and sequestration systems at coal-fired power plants; and 850 new nuclear power plants.

The Cape Wind …

The Danger Of Difference: Tensions In Directors' Views Of Corporate Board Diversity, Kimberly D. Krawiec, John M. Conley, Lissa Lamkin Broome

Faculty Publications

No abstract provided.

The Court's Denial Of Racial Societal Debt, Kimberlé W. Crenshaw

Faculty Scholarship

In this year of civil rights anniversaries, the narrative of racial progress has been tempered by the Supreme Court’s game-changing decisions this past summer. The notion that “we’ve come a long way and we have much more work to do” sounds ever more like wishful thinking in the face of a Supreme Court that is no longer an active contributor to the cause. Having abandoned its unprecedented insistence that white supremacy be upended root and branch, the current Court’s boldness is measured by its audacious efforts to reverse engineer the transformative mechanisms these anniversaries celebrate.

The Balkanization Of Cat Property Insurance: Financing And Fragmentation In Storm Risks, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

Staging The Family, Clare Huntington

Faculty Scholarship

For many critical aspects of family life, all the world truly is a stage. When a parent scolds a child on the playground, all eyes turn to watch and judge. When an executive’s wife hosts a work party, the guests are witness to traditional gender roles. And when two fathers attend a back-to-school night for their child, other parents take note of this relatively new family configuration. Family is popularly considered intimate and personal, but in reality much of family life is lived in the public eye.

These performances of family and familial roles do not simply communicate messages to …

The Shallows Where Federal Reserved Water Rights Founder: State Court Derogation Of The Winters Doctrine, Justin Huber, Sandra Zellmer

Water Law Review

No abstract provided.

Colorado Law Institute Cle International 11th Annual Conference: Colorado Water Law, Water Administration In The 21st Century, Koley Borchard

Water Law Review

No abstract provided.

Real Weather; What's Up With The Weather?; Dust In Western Snow Cover: What's In It And Where Did It Come From?, Jenna Anderson

Water Law Review

No abstract provided.

Prior Appropriation And Water Quality: The Water Court's Authority To Protect An Appropriator's Right To Clean Water, Ryan Jarvis

Water Law Review

No abstract provided.

What's On Our Plate For 2013?, Joseph Norris

Water Law Review

No abstract provided.

Energy Production And Water Use: Preparing For A Drier Future, Alex Bayee Besong

Water Law Review

No abstract provided.

Planning For Extreme Drought: How Communities Are Thinking About And Planning For Extreme Drought, Amy Wegner Kho

Water Law Review

No abstract provided.

The Colorado River: Intergovernmental Agreements, William Davis Wert

Water Law Review

No abstract provided.

Planning For Drinking Water In The Great Lakes Basin After Terrorism, Or: How I Stopped Worrying And Loved The Great Lakes Compact, Caitlyn Lothian

Water Law Review

No abstract provided.

Challenges Of The Future In Colorado River Basin, Natasha Schissler

Water Law Review

No abstract provided.

Basin Study Overview With Reaction Panel And Q&A, Nathanial Brown

Water Law Review

No abstract provided.