Law Commons^™

Towards A Pedagogy Of Diversity In Legal Education, Faisal Bhabha

Osgoode Hall Law Journal

There is resounding consensus that diversity in legal education is a priority. Yet, North American law schools continue to be criticized for failing to reflect the diversity of the society that they are training lawyers to serve. This article is a project of conceptual reorientation against a backdrop of critical scholarship and empirical evidence. Parts I and II examine the past twenty years of diversity promotion in legal education, concluding that, while several advances have been made, especially in increasing numerical representation of diverse groups in law schools, the promise of meaningful diversity remains unfulfilled. Part III suggests that reforms …

Justice As A Rounding Error?: Evidence Of Subconscious Bias In Second-Degree Murder Sentences In Canada, Craig E. Jones, Micah B. Rankin

Osgoode Hall Law Journal

There are few areas of law that grant judges as much discretion as the sentencing of criminal offenders. This discretion necessarily leads to concerns about the influence of biases, including those that result from subconscious processes associated with human cognition; that is to say, heuristics. In this article, the authors explore one heuristic—number preference—through an examination of all reported second degree murder parole ineligibility decisions between 1990 and 2012. Number preference leads individuals to predictably round off measurements to certain favoured numbers. The authors identify a tendency for parole ineligibility decisions to cluster around even numbers and multiples of five, …

Losing Relevance: Quebec And The Constitutional Politics Of Language, Emmanuelle Richez

Osgoode Hall Law Journal

This article asks whether Quebec has lost relevance in the constitutional politics of language. It proposes a doctrinal analysis of the Supreme Court’s Charter jurisprudence, with an emphasis on the most recent body of case law, and an assessment of its political consequences in the area of language policy in Quebec. The article argues that constitutional review has increasingly protected individual rights over Quebec’s collective right to maintain its language and culture. This can be explained by the move towards an implacable parallel constitutionalism and a redefinition of official minority linguistic rights in the jurisprudence, as well as by the …

Faithful Translations?: Cross-Cultural Communication In Canadian Religious Freedom Litigation, Howard Kislowicz

Osgoode Hall Law Journal

In three religious freedom cases pursued to the Supreme Court of Canada—Amselem, Multani, and Huterrian Brethren of Wilson Colony—religious freedom claimants engaged in litigation over a religious practice particular to their group. Some have argued that cases like these can be seen as cross-cultural encounters. How did the religious freedom claimants seek to make their practices—the succah, the kirpan, and the prohibition on being photographed—understood to the courts? And how did the courts respond to these claims? In this article, I draw out two central values from the literature on crosscultural communication: respect and self-awareness. I then use these values …

Breadth Of The Ada Preemption Provision - Morales And Wolens Reaffirmed And The Extension To The Common Law, Hannah Mason

Journal of Air Law and Commerce

No abstract provided.

A Slip Of The Tongue: How The Supreme Court Placed Airline Immunity In The Clouds, Chase Cobern

Journal of Air Law and Commerce

No abstract provided.

Unexpected Turbulence: An Examination Of External Factors That Influenced The Doj's Intense Review Of The American Airlines/Us Airways Merger And Its Potential Impact On Future Mergers, Jordan T. Sawyer

Journal of Air Law and Commerce

No abstract provided.

Freedom To Fly: An Analysis Of The Constitutional Right To Air Travel, Lindsay Ray Altmeyer

Journal of Air Law and Commerce

No abstract provided.

Transparency Of Airline Ancillary Fees: Market Incentives For An Industry-Based Solution, Leslie Brockhoeft

Journal of Air Law and Commerce

No abstract provided.

Front Matter, Smu Law Review

SMU Law Review

No abstract provided.

Psychology's Role In Law: A Discussion Of How The Supreme Court Views The Role Of The Dsm-V In Hall V. Florida, Bryant Buechele

SMU Law Review

No abstract provided.

Hobby Lobby And Social Justice: How The Supreme Court Opened The Door For Socially Conscious Investors, Michele Benedetto Neitz

SMU Law Review

This Article is the first to connect the Burwell v. Hobby Lobby case to shareholder activism for social justice causes. The Supreme Court upended the traditional foundations of corporate law in the Hobby Lobby opinion. By allowing corporations to exercise legally recognized religious rights, the Court changed the very nature of a corporate entity. Moreover, the Court defied the conventional doctrine providing that the purpose of a corporation is to make profit for its shareholders. The case is being both praised and denounced by observers, but no one has yet fully analyzed how the Court’s reasoning paved the way for …

Employment Law--Hobby Lobby's Narrow Holding Guards Against Discrimination, Cristina Squiers

SMU Law Review

No abstract provided.

The Emerging Role Of Bylaws In Corporate Governance, Henry Dupont Ridgely

SMU Law Review

No abstract provided.

The Spending Power After Nfib: New Direction, Or Medicaid Exception?, Elizabeth Patterson

SMU Law Review

In National Federation of Independent Business v. Sebelius (NFIB) seven Supreme Court Justices opened the door to a re-examination of Spending Clause jurisprudence, striking down a congressional measure for the first time since the 1930’s and highlighting the important constitutional interests implicated by expansive conditions on federal grants to the states. The Supreme Court’s 1987 decision in South Dakota v. Dole had validated any condition that was somewhat related to the purpose of the grant so long as the conditioned grant was voluntarily accepted by the state. In NFIB the Court appears to reconsider the breadth of this authority. NFIB …

Probability, Confidence, And Twombly's Plausibility Standard, Luke Meier

SMU Law Review

No abstract provided.

Personalized Medicine In The Information Age: Myriad's De Facto Monopoly On Breast Cancer Research, Angela M. Oliver

SMU Law Review

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

Alan R. Bromberg Curriculum Vitae (Cv) & Photo

SMU Law Review

No abstract provided.

Professor Alan R. Bromberg's Rule 10b-5, Marc I. Steinberg

SMU Law Review

Professor Alan Bromberg was the foremost authority in the law of Rule 10b-5. In this article, the author Professor Marc Steinberg, Professor Bromberg's colleague for 25 years, highlights Professor Bromberg's scholarship in this area. Focusing on key U.S. Supreme Court decisions and congressional legislation, Professor Steinberg reflects on the dialogue that he had with Professor Bromberg through the years on these developments. As this article illustrates, Professor Bromberg enjoyed a truly impressive academic career.

Drafting General Partnership Laws On The "Aggregate" Or "Entity" Theory, Peter Winship

SMU Law Review

It has been “a matter of considerable dispute” whether partnership legislation should treat a general partnership as an entity. The dispute is about whether to draft the legislation on the “entity” theory (the partnership is a separate legal entity) or on an “aggregate” theory (the partnership is an association — but not a legal entity — of persons carrying on a business as co-owners). Scotland and civil law jurisdictions (including Louisiana) have long recognized the partnership as an entity. Until the late 19th century, however, partnership law in common-law jurisdictions was judge- made law, and most judges treated partnership issues …

The Law On Insider Trading Lacks Needed Definition, Roberta S. Karmel

SMU Law Review

No abstract provided.

Equity And Corporate Law, Mark J. Loewenstein

SMU Law Review

No abstract provided.

The Ties That Bind: Llc Operating Agreements As Binding Commitments, Joan Macleod Heminway

SMU Law Review

No abstract provided.

Dirks And The Genesis Of Personal Benefit, Adam C. Pritchard

SMU Law Review

No abstract provided.

Coitus And Consequences In The Legal System: An Experiment Study, Joni Hersch, Beverly Moran

SMU Law Review

No abstract provided.

The Compensatory Disgorgement Alternative To Restatement Third's New Remedy For Breach Of Contract, Roy Ryden Anderson

SMU Law Review

No abstract provided.

A Tale Of Two Inquiries: The Ministerial Exception After Hosanna-Tabor, Brian M. Murray

SMU Law Review

No abstract provided.

Efficiency Of Unified Vs. Non-Unified State Judiciaries: An Examination Of Court Organizational Performance, William Raftery

Theses and Dissertations

State court systems function in much the same manner as any other government agency in terms of organization and management to utilize public resources in order to provide a public service. The question posed in the late 19th century was whether the courts should be organized and managed as they had been for centuries as local entities locally controlled and operated or transferred to the state level. The desired end was a more efficient use of public resources to achieve faster disposition of cases. This reorganization, called unification, was made up of three individual components: 1) consolidation required the reduction …

Improving The Law School Classroom And Experience Through Prayer: An Empirical Study, David A. Grenardo

Faculty Articles

Dr. Martin Luther King, Jr. once said, “To be a Christian without prayer is no more possible than to be alive without breathing.” There are approximately fifty religiously affiliated law schools in the United States. As faith-based communities, these law schools can integrate their faiths into the education they provide by, among other things, incorporating in the classroom a central characteristic of most religions – prayer.

This article includes anonymous survey responses from students at four different Catholic law schools across the nation concerning whether the students liked the fact that their professors prayed at the beginning of class. The …