Law Commons^™

The Racist Roots Of The War On Drugs And The Myth Of Equal Protection For People Of Color, André Douglas Pond Cummings, Steven A. Ramirez

University of Arkansas at Little Rock Law Review

By 2021, the costs and pain arising from the propagation of the American racial hierarchy reached such heights that calls for anti-racism and criminal justice reform dramatically expanded. The brutal murder of George Floyd by the Minneapolis police vividly proved that the social construction of race in America directly conflicted with supposed American values of equal protection under law and notions of basic justice. The racially-driven War on Drugs (WOD) fuels much of the dissonance between American legal mythology—such as the non-discrimination principle and the impartial administration of the rule of law—and the reality of race in the United States. …

The Racist Roots Of The War On Drugs & The Myth Of Equal Protection For People Of Color, Steven A. Ramirez, Andre Douglas Pond Cummings

Faculty Publications & Other Works

By 2021, the costs and pain arising from the propagation of the American racial hierarchy reached such heights that calls for anti-racism and criminal justice reform dramatically expanded. The brutal murder of George Floyd by the Minneapolis police vividly proved that the social construction of race in America directly conflicted with supposed American values of equal protection under law and notions of basic justice. The racially-driven War on Drugs (WOD) fuels much of the dissonance between American legal mythology—such as the non-discrimination principle and the impartial administration of the rule of law—and the reality of race in the United States. …

Zero Tolerance And The Impossibilities Of Discipline--Findings From The Field, Anne Scheer Phd

Societies Without Borders

At School James, a high-poverty, high-minority inner-city elementary school in the Midwestern United States, a highly detailed system of rules and punishments is supposed to control students. The official rationale underlying this system of zero-tolerance discipline is to create environments conducive to learning. In practice, however, the meticulous system of rules, rewards, and punishments fails to achieve the desired levels of control and the realities at the school are dominated by disorder. My research sought to explain this failure and explore the consequences it has for this already marginalized student population. The present article outlines how the design of the …

Law School News: A Mandate For Change 01-24-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Patenting The Unexplained, Sean B. Seymore

Vanderbilt Law School Faculty Publications

It is a bedrock principle of patent law that an inventor need not understand how or why an invention works. The patent statute simply requires that the inventor explain how to make and use the invention. But explaining how to make and use something without understanding how or why it works yields patents with uninformative disclosures. Their teaching function is limited; one who wants to understand or figure out the underlying scientific principles must turn elsewhere. This limited disclosure rule does not align with the norms of science and tends to make patent documents a less robust form of technical …

Is Bar Exam Failure A Harbinger Of Professional Discipline?, Jeffrey S. Kinsler

St. John's Law Review

(Excerpt)

This Article’s theses are premised on two suppositions. First, the primary causes of attorney discipline are nondiligence and incompetence. Similarly, the primary causes of bar exam failure are “poor study habits, weak academic skill development, or low intellectual functioning . . . .” Thus, it is reasonable to assume that lawyers who fail the bar exam are more likely to be disciplined as attorneys. Second, there is statistical and anecdotal evidence linking the failure of entrance exams and subsequent professional discipline in other occupations. It is plausible, therefore, that such a link exists in the legal profession.

The Rise And Fall Of Brick And Mortar Retail: The Impact Of Emerging Technologies And Executive Choices On Business Failure, Nikaela Jacko Redd, Lutisha S. Vickerie

Journal of International Business and Law

This paper examines business decline in relation to department stores and recent technological shifts in retail. Our perspective describes how management's failure to properly utilize technology and the resulting decline of international brick and mortar department stores was significantly influenced by emotional posturing disguised as strategic choices. To track the changes in the retail landscape based on new technological business models, we chronicle the shift from department store culture to online e-commerce by exploring a primary case, JCPenney, and the following exemplary cases: Macy's, H&M, Amazon, and Walmart. We also conduct a systematic research synthesis on a small sample of …

Civil Practice And Procedure, Christopher S. Dadak

University of Richmond Law Review

No abstract provided.

Criminal Law And Procedure, Aaron J. Campbell

University of Richmond Law Review

This article aims to give a succinct review of notable criminal

law and procedure cases decided by the Supreme Court of Virginia

and the Court of Appeals of Virginia during the past year. Instead

of covering every ruling or rationale in these cases, the article

focuses on the "take-away" of the holdings with the most

precedential value. The article also summarizes noteworthy

changes to criminal law and procedure enacted by the 2017 Virginia

General Assembly.

Syria - Another Drawback For R2p?: An Analysis Of R2p'S Failure To Change International Law On Humanitarian Intervention, Muditha Halliyade Dr.

Indiana Journal of Law and Social Equality

No abstract provided.

Earned Soverignty Revisited: Creating A Strategic Framework For Managing Self-Determination Based Conflicts, Paul R. Williams, Abigail J. Avoryie, Carlie J. Armstrong

ILSA Journal of International & Comparative Law

Self-determination movements are global phenomena that perpetually tug at the strings of a world order based on the principles of sovereignty and territorial integrity.

Court Of Appeals Of New York, In The Matter Of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" V. Spitzer, Christin Harris

Touro Law Review

No abstract provided.

Escaping From Lawyers' Prison Of Fear, John Lande

Faculty Publications

Lawyers regularly experience numerous fears endemic to their work. This is not surprising considering that lawyers generally operate in environments that frequently stimulate many fears. Lawyers’ fears can lead them to enhance their performance due to increased preparation and effective “thinking on their feet.” Fear is problematic when it is out of proportion to actual threats, is expressed inappropriately, or is chronically unaddressed effectively. It can lead to sub-optimal and counterproductive performance through paralysis, ritualized behavior, or inappropriate aggression. Some lawyers’ fears unnecessarily prevent them from performing well, producing good results for clients, earning more income, and experiencing greater satisfaction …

Capacity To Consent To Sexual Risk, Elaine Craig

Articles, Book Chapters, & Popular Press

In delineating the legal boundaries of capacity to consent to sexual touching, law makers and jurists must grapple with tensions between sexual liberty, morality, sexual minority equality interests, and public safety. Legal rules that stipulate that an individual cannot consent in advance to unconscious sexual activity or to sado-masochism, or that an individual under a certain age or with a particular intellectual capacity cannot consent to sexual touching have an impact on sexual liberty and should be justified. This paper argues that establishing these limits based on normative assessments about specific sexual acts poses too great a threat to the …

Municipalities In Distress: A Preventive View, Tamar Frankel

Faculty Scholarship

The recent rising failure of municipalities has not produced the avalanche that some expected.¹ Yet concerns have been raised that the future will spawn more failures.² New York City and other municipalities face soaring pension, Medicaid, and retiree health care costs.³ New York City’s neighboring counties face similar challenges; Yonkers, Suffolk, and Nassau Counties each face their own set of fiscal problems.⁴

Municipalities that have failed, or are likely to fail, have raised a number of legal issues implicated by their inability to pay their debts. Some questions seem new. For example, are employees’ pension benefits …

Toward Strategy Implementation Success: An Empirical Study Of The Role Of Senior-Level Leaders In The Nevada Gaming Industry, James I. Schaap

UNLV Gaming Research & Review Journal

The study is an investigation of the relationship between effective leadership behavior and successful strategy implementation in the Nevada casino industry. The study's findings mostly agree with earlier research on the concept of strategy implementation and reaffirm the role that strategic consensus plays in the strategy implementation process. The study also reinforces findings that frequent communication up and down the organization structure enhances strategic consensus through the fostering of shared attitudes and values. In addition, it reaffirms the concept that an organization which ties rewards to the success of the strategy employed is rewarded with higher levels of organizational performance …

When It Rains, It Pours: The Violence Against Women Act's Failure To Provide Shelter From The Storm Of Domestic Violence., Alyse Faye Haugen

The Scholar: St. Mary's Law Review on Race and Social Justice

The threat of abuse affects women of all socioeconomic levels, educations, and zip codes. For centuries, women were second-class citizens in the eyes of society and the government. Women could not access resources to prevent violence and subsequently were denied essential victim services. The passage of the Violence Against Women Act (VAWA) in 1994 expressed the government’s commitment to ending domestic violence, sexual assault, stalking, and other gender-based violent crimes. Although VAWA exists, violence against women continues to be pervasive, devastating women’s lives daily. Victims of domestic violence face several issues. These include protecting children from abuse, finding and securing …

The Failure Of The Tribal Law And Order Act Of 2010 To End The Rape Of American Indian Women, Samuel D. Cardick

Saint Louis University Public Law Review

No abstract provided.

Failed Constitutional Metaphors: The Wall Of Separation And The Penumbra, Louis J. Sirico Jr.

University of Richmond Law Review

No abstract provided.

Energy Independence And Climate Change: The Economic And National Security Consequences Of Failing To Act, Mark E. Rosen

University of Richmond Law Review

This article draws heavily from the works of the CNA MAB, namely the twin and interrelated challenges arising from imprudent reliance on fossil fuels by developed and developing countries, as well as the serious environmental and national security"externalities" that directly result from current consumptive trends.

Why Should International Law Be Concerned About State Failure?, Chiara Giorgetti

ILSA Journal of International & Comparative Law

In the last fifty years, the international community has undergone a transformation, as social, economic, and political dynamics have been altered.

Simultaneous Distress Of Residential Developers And Their Secured Lenders An Analysis Of Bankruptcy & Bank Regulation , Sarah Pei Woo

Fordham Journal of Corporate & Financial Law

No abstract provided.

Making Sausages And Law: The Failure Of Animal Welfare Laws To Protect Both Animals And Fundamental Tenets Of Australia's Legal System, Elizabeth J. Ellis

Faculty of Law, Humanities and the Arts - Papers (Archive)

Laws are like sausages. It is better not to see them being made.

The above aphorism, attributed to Bismarck, was quoted by Philip Ruddock when addressing lawyers in 2007 on the subject of law reform. Interestingly, Mr Ruddock also referred to the rule of law in the same speech. Apparently the juxtaposition of the rule of law with a preference for secret law-making did not strike the (then) federal Attorney-General as odd. Perhaps this is unsurprising: the rule of law is commonly invoked for effect and may be used for a multitude of purposes. For this, and other reasons, the …

Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson

Law Faculty Scholarly Articles

Now, thirty years into the "war on drugs," views about the law's reliance on punishment to fix the drug problem are less conciliatory and more absolute: "[t]he notion that 'the drug war is a failure' has become the common wisdom in academic ... circles." Those who have most closely studied the results of the "war" believe that it has "accomplished little more than incarcerating hundreds of thousands of individuals whose only crime was the possession of drugs." More importantly, they believe that it has had little if any effect on the drug problem: "Despite the fact that the number of …

F09rs Sgb No. 11 (Associate Justice Impeachment), Prestridge

Student Senate Enrolled Legislation

No abstract provided.

Van Duyn V. Baker School District: A "Material" Improvement In Evaluating A School District's Failure To Implement Individualized Education Programs, David G. King

Northwestern Journal of Law & Social Policy

This Case Note of explores the standards courts use when evaluating a school district's failure to implement a student's Individualized Education Plan (IEP). In , the Ninth Circuit held that only "material" failures to implement constitute a deprivation of Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). The Note first begins with a discussion of the right to FAPE under the IDEA and how the Supreme Court narrowed the scope of FAPE in . It then examines the many different standards federal courts have used to evaluate implementation failures, including requiring the failure to involve …

The Exclusive View V. The Non-Exclusive View: Can A Creditor’S Claim Be Dismissed For Failing To Provide Supporting Documentation?, Robert J. Ryan

Bankruptcy Research Library

(Excerpt)

May a creditor’s claim be dismissed simply because he failed to provide supporting documentation in violation of Federal Rule of Bankruptcy Procedure 3001? The answer depends on which jurisdiction the creditor is pursuing its claim in. Courts are currently sharply divided on the issue. If the creditor is fortunate enough to be in a jurisdiction which follows the “exclusive” view, which is the majority rule, the answer to this problem will be yes. However, if the creditor happens to be in a jurisdiction which follows the “non-exclusive” view, which is the minority rule, the answer to this problem will …

Slides: The Big Questions, Doug Kenney

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Doug Kenney, Natural Resources Law Center, University of Colorado Law School

7 slides

Summary Of Presentation: Climate Of Environmental Justice Conference, Michael B. Gerrard

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Michael B. Gerrard, Partner, Arnold & Porter LLP, New York, NY

2 pages.

Climate Changes And The Poorest Nations: Further Reflections On Global Inequality, Ruth Gordon

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Ruth Gordon, Professor of Law, Villanova University School of Law

3 pages.