Law Commons^™

Forced Evictions, Mass Displacement, And The Uncertain Promise Of Land And Property Restitution In Haiti, Greger B. Calhan

UC Law Journal of Race and Economic Justice

Haiti's devastating 2010 earthquake produced human suffering on an unimaginable scale. The disaster's aftermath-marked by widespread displacement, secondary occupation of land, and consequent forced evictions-raises critical questions of land ownership and housing rights. It also provided a testing ground for the body of restitutionary legal norms developed in the decades following the Cold War. Using the earthquake in Haiti as a lens, this article critically examines the development of the restitution model, from its inception in the Balkans conflicts of the 1990s to its current expression in the United Nation's Pinheiro Principles. While the Pinheiro Principles are positive in many …

No To Bratton: A Rejection Of Stop And Frisk, And A Call For Progressive Reform In Oakland, Robert S. Greer Jr.

UC Law Journal of Race and Economic Justice

On January 23, 2012, the City of Oakland voted to retain the services of William Bratton, former police chief of both New York and Los Angeles, as a consultant to the Oakland Police Department. Oakland Community members reacted with concern and resistance to the City's decision, largely due to Bratton's promotion of aggressive stop and frisk search techniques. This note provides an analysis of Bratton's appointment in light of the Oakland Police Department's egregious history of constitutional violations and misconduct charges. Additionally, this note explores the empirical and theoretical flaws underpinning aggressive stop and frisk policies, and demonstrates why adopting …

Lessons From Mt. Holly: Leading Scholars Demonstrate Need For Disparate Impact Standard To Combat Implicit Bias, Equal Justice Society, Wilson Sonsini Goodrich & Rosati

UC Law Journal of Race and Economic Justice

In 2013, the United States Supreme Court was set to hear oral arguments in Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. However, weeks before the hearing, the parties settled. Despite the settlement, the arguments raised by plaintiffs and amici remain valuable. Mt. Holly represented the second time in two years that the Supreme Court granted certiorari to decide whether the Fair Housing Act of 1968 ("FHA") allows plaintiffs to bring claims challenging official housing decisions and policies that are not necessarily the result of intentional discrimination, but have a disproportionately harmful impact on minorities or other groups …

What Is Still Radical In The Antislavery Legal Practice Of Salmon P. Chase, Matthew A. Axtell

UC Law Journal of Race and Economic Justice

This Article is an in-depth study of the early commercial law career of Salmon P. Chase, U.S. Secretary of Treasury between 1861 and 1864 and President Abraham Lincoln's choice to replace Roger B. Taney (author of the Dred Scott opinion) as the Chief Justice of the U.S. Supreme Court. Occasionally portrayed in his latter political career as "the most radical" member of Lincoln's war cabinet, Chase's early law practice is best known for its defense of people of color seeking to escape slavery, at the time earning him the nickname as the "Attorney General for Fugitive Slaves." In recent years, …

Illegal Reentry And Denial Of Bail To Undocumented Defendants: Unjust Tools For Social Control Of Undocumented Latino Immigrants, Patrick Kirby Madden

UC Law Journal of Race and Economic Justice

Historical, structural, statistical, and constitutional context is elemental to a proper understanding of the true purpose and effect of a criminal statute and its execution. Illegal Reentry, 8 U.S.C. § 1326, may seem like a basic rule to deter potential criminals from entering the United States. A prosecutor's argument that a defendant must be detained prior to trial due to the possibility of Immigration and Customs Enforcement removing the defendant may seem like a logical argument. However, once these actions are viewed in the succession of events that constitutes the history of undocumented Latino immigrants in the United States, are …

How Mainstream Reformers Design Ambitious Reentry Programs Doomed To Fail And Destined To Reinforce Targeted Mass Incarceration And Social Control, Gerald P. Lopez

UC Law Journal of Race and Economic Justice

The most influential publication on how to design and implement comprehensive and effective reentry programs is the 2005 REPORT OF THE REENTRY POLICY COUNCIL, produced by the bipartisan Council of State Governments (CSG). Triggered by the disturbingly high price of the reigning criminal justice system, and aiming to reduce costs and enhance safety, the REPORT manages both to champion an ambitious approach and to doom its chances of success. Perhaps this effect can be described as predictable and even intentional, especially given the overlapping interests of the elected and appointed officials (and the staffers and collaborators) who comprise CSG. But …

The Real Id Act: Proposed Amendments For Credibility Determinations, Linda Lam

UC Law Journal of Race and Economic Justice

United States refugee law governs asylum applicants and therefore plays a critical role in shaping the American population. Asylum officers and immigration judges' credibility assessments often dictate whether asylum applications are granted. The REAL ID Act of 2005, a series of statutes passed by Congress to aid the fight against terrorism, changed the standard for rendering credibility determinations. It allows triers of fact-asylum officers and immigration judges-to base adverse credibility decisions on immateral inconsistencies in an asylum applicant's story. These minor inconsistencies often arise from cultural differences or trauma stemming from the applicant's past experiences. This note addresses the inherent …

“Liking” The Social Media Revolution, Thaddeus A. Hoffmeister

School of Law Faculty Publications

As in other areas of society, social media has significantly influenced the law. Currently, civil and criminal cases can, and often do, turn on an attorney's understanding and use of social media. In the realm of family law, most practitioners view social media as an essential tool-one that could serve as grounds for malpractice if ignored. Even in legal academia-an area long resistant to change-law schools are starting to understand the impact of social media on the law and offer courses like Social Media and Criminal Law and Law and Social Media.

The goal of this essay is not to …

Keeping Our Drinking Water Free From Pharmaceuticals: A Joint Action Plan, Melissa E. Rifai

Student Works

No abstract provided.

Legal Ethics In A Time Of Change: An Assessment Of The American Bar Association's Ethics 20/20 Commission, Donald E. Campbell

MC Law Review

No abstract provided.

Variations On Nonlawyer Ownership Of Law Firms: The Full Monty, Accommodation Or The (Aba) Stonewall, Charles S. Doskow

MC Law Review

No abstract provided.

Table Of Contents-Issue 3, Mc Law

MC Law Review

Table of Contents

The Evolution Of The Right To Exclude - More Than A Property Right, A Privacy Right, Jace C. Gatewood

MC Law Review

No abstract provided.

Mitigating Myopia: Climate Change, Rolling Easements, And The Jersey Shore, Kevin J. Mahoney

Seton Hall Law Review

No abstract provided.

Nuclear Weapons, Elephants, Israel And The World Court, James J. Friedberg

Faculty & Staff Scholarship

No abstract provided.

Fixing Multi-Forum Shareholder Litigation, Minor Myers

Faculty Scholarship

No abstract provided.

Now Children Learn Better: Revising Nclb To Promote Teacher Effectiveness In Student Development, Chris Chambers Goodman

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

No abstract provided.

The Theoretical And Practical Underpinnings Of Teaching Scholarly Legal Writing, Jessica Wherry Clark, Kristen E. Murray

Texas A&M Law Review

Scholarly writing has long been a part of the upper-level law school curriculum. Like children thrown into the deep end of the pool to see if they can swim, every year, thousands of upper-level law students are asked to write a scholarly paper to satisfy an upper-level writing requirement on a topic likely of little acquaintance to them. For many of these law students, the scholarly writing process is daunting1 given the unknown subject matter, the lack of structured feedback and guidance, and the inability to become engaged or inspired by the project because of the often-isolating experience of writing …

An Essay Inquiry: Will The Jobs Act’S Transformative Regulatory Regime For Equity Offerings Cost Investment Bankers’ Jobs?, Kurtis Urien, David Groshoff

Texas A&M Law Review

This jointly authored Article scaffolds our respective research interests that analyze laws, rules, regulations, and policy levers that may inhibit—or exploit— a market’s ability to recognize an asset’s intrinsic value, whether in terms of social, human, or financial capital.

In particular, this Article describes recent material changes to the Securities and Exchange Commission (SEC) rules promulgated in 2013 that Congress authorized by passing 2012’s JOBS Act. Contrary to statutory timing, the SEC has delayed the implementation of these new rules that impact the ability of small and entrepreneurial businesses to attract equity capital financing via Internet platforms. By applying the …

Texas A&M University School Of Law’S Distinguished Practitioner Speaker Series, Maureen E. Mahoney

Texas A&M Law Review

Maureen E. Mahoney is the founder and a member of the Supreme Court and appellate practice at the international law firm of Latham & Watkins. Among her numerous achievements, Ms. Mahoney represented the University of Michigan before the Supreme Court and won the landmark case upholding the constitutionality of admissions programs that consider race as one of many factors in order to attain the educational benefits of a diverse student body. She also successfully argued on behalf of Arthur Andersen in a Supreme Court challenge to the firm’s criminal conviction. Additionally, she has consistently been recognized as one of the …

2013–2014 Texas A&M Law Review Masthead

Texas A&M Law Review

2013–2014 Texas A&M Law Review Masthead

Table Of Contents

Texas A&M Law Review

Table of Contents

Commercializing The Digital Canvas: Renewing Rights Of Attribution For Artists, Authors, And Performers, Jon M. Garon

Texas A&M Law Review

Over the past two decades, a series of trends in constitutional and intellectual property have significantly reshaped the impact of traditional intellectual property laws for the art community. Attribution of a work to the artist and protection of the integrity of a work from alternation are historical bedrocks of artistic protections, but those protections have been diminished for digital artists. The Visual Artists Rights Act excludes digital works from the definition of works of visual art, thus excluding these works from rights of attribution and integrity. 3 At the time, rights of attribution and integrity were seen as quasi-trademark rights, …

Moral Rights 2.0, Peter K. Yu

Texas A&M Law Review

When the protection of moral rights is brought up in the United States, commentators have always emphasized the differences between continental Europe and the United States.2 Cases that have been widely used as textbook illustrations include Soc. Le Chant de Monde v. Soc. Fox Europe3 and Turner Entertainment Co. v. Huston.4 While the Anglo-American copyright regime and the French author’s right (droit d’auteur) regime were quite similar in the eighteenth century, 5 the protection of moral rights did not attain formal international recognition until 1928.6 The gap between the U.S. and French systems has also grown considerably since the enactment …

Reconstructing The Contours Of The Copyright Originality And Idea- Expression Doctrines Regarding The Right To Deny Access To Works, Michael D. Murray

Texas A&M Law Review

Access to innovative scientific, literary, and artistic content has never been more important to the public than now, in the digital age. Thanks to the digital revolution carried out through such means as super-computational power at super-affordable prices, the Internet, broadband penetration, and contemporary computer science and technology, the global, national, and local public finds itself at the convergence of unprecedented scientific and cultural knowledge and content development, along with unprecedented means to distribute, communicate, and access that knowledge.

This Article joins the conversation on the Access-to-Knowledge, Access-to- Medicine, and Access-to-Art movements by asserting that the copyright restrictions affecting knowledge, …

Cariou V. Prince: Toward A Theory Of Aesthetic-Judicial Judgments, Sergio Munoz Sarmiento, Lauren Van Haaften-Schick

Texas A&M Law Review

In the winter of 2008, Richard Prince had a major exhibition of new and controversial paintings at Gagosian Gallery in New York titled Canal Zone. For the exhibition, Prince, an early member of the appropriationist art group known as The Pictures Generation, presented a body of artworks that incorporated reproductions of published photographs protected by the United States Copyright Act of 1976 The original published photographs were taken by the artist Patrick Cariou for his book, Yes Rasta, which consisted of a series of portraits of Rastafarians in Jamaica.

When The Author Owns The World: Copyright Issues Arising From Monetizing Fan Fiction, Steven D. Jamar, Christen B’Anca Glenn

Texas A&M Law Review

Fan fiction is amateur writing that imaginatively reinvents a work in pop culture while maintaining the identifiable aspects of the preexisting work. Fans of various books, films, and television series write their own versions of the stories and post them online in fan fiction communities. Fan fiction as practiced today is a way for fans to creatively express themselves and become integrated into the story and world they love. The stories range from highly derivative works, where relatively few plot points are changed, to entirely new plot lines using the same world and characters of the original, underlying work. Some …

2014–2015 Texas A&M Law Review Masthead

Texas A&M Law Review

2014–2015 Texas A&M Law Review Masthead

A State Of Mind: Determining Bad Faith In Trespasses To Oil And Gas: A Call To Courts To Apply A True Subjective Analysis To Determine Whether A Trespasser To An Oil And Gas Estate Trespasses In Good Or Bad Faith, Brian J. Pulito, Nathaniel I. Holland, Jon C. Beckman

Texas A&M Law Review

It has always been the law of trespass mesne profits to an oil and gas estate that a trespasser is liable for the value of the oil and gas that it has produced from the estate to which it trespasses. That value is determined after ascertaining whether the trespasser held an honest belief that he or she had the right to produce oil or gas from the estate upon which it trespassed. In those cases, the trespasser is said to have trespassed in good faith. Conversely, the trespasser acts in bad faith when it knowingly produces oil and gas without …

Table Of Contents

Texas A&M Law Review

Table of Contents