Law Commons^™

Ten Years Of Animal Law At Lewis & Clark Law School, Nancy V. Perry

Animal Law Review

This introduction is a summary and extension of remarks presented in the keynote address for the 10th Annual Animal Law Conference at Lewis & Clark Law School.

Entrenchment Of Ordinary Legislation: A Reply To Professors Posner And Vermeule, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Quo Vadis: The Continuing Metamorphosis Of The Establishment Clause Toward Realistic Substantive Neutrality, Paul E. Salamanca

Law Faculty Scholarly Articles

For years, the rhetoric of substantive neutrality has dominated interpretation of the Establishment Clause. Under this approach, courts and commentators purport to ask whether a public policy under scrutiny is likely to affect religious choices in an unacceptable way. In fact, so broadly has this approach been taken that both separationists and accommodationists resort to it freely, although with radically differing perceptions as to when policy becomes unacceptable. Arguably, however, adherents to this approach have paid insufficient attention to religious behavior per se. Had they paid sufficient attention to this phenomenon, they would have been forced to acknowledge that little …

The Liberal Polity And Illiberalism In Religious Traditions, Paul E. Salamanca

Law Faculty Scholarly Articles

It is in the nature of religious traditions to be somewhat illiberal. Indeed, a religion that does not require its adherents to affirm at least some belief is probably a logical impossibility. Christians, for example, must believe something about the nature of Christ. Even Unitarians, who advocate tolerance of all religions, must affirm a belief in tolerance.

Recently, and largely because of the events of September 11, 2001, enhanced attention has been paid to certain potentially illiberal aspects of Islam in the United States. The journalist Daniel Pipes, for example, has written about certain Moslem Americans who, according to his …

Aside The Aside: The True Precedent Of Baseball In Law: Law The Residue Of Luck - Or, Who's Not On First?, Eldon L. Ham

Marquette Sports Law Review

No abstract provided.

The Challenge Of Valuing Intellectual Property Assets, Jody C. Bishop

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Community Design: European Union-Wide Protection For Your Design Portfolio, Christopher M. Aide

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Ethical Issues Arising From The Investigation Of Activities Of Intellectual Property Infringers Represented By Counsel, Phillip Barengolts

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

A Profile Of Dolby Laboratories: An Effective Model For Leveraging Intellectual Property, Pamela Hawkins Williams, Dotcy Isom Iii, Tiffini D. Smith-Peaches

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Future Of Electronic Contracts In International Sales: Gaps And Natural Remedies Under The United Nations Convention On Contracts For The International Sale Of Goods, Jennifer E. Hill

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Silicon Ceilings: Information Technology Equity, The Digital Divide And The Gender Gap Among Information Technology Professionals, Andrea M. Matwyshyn

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Interview With Blake A. Bell, Blake A. Bell

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Byrd Amendment Is Wto-Illegal: But We Must Kill The Byrd With The Right Stone, Jagdish N. Bhagwati, Petros C. Mavroidis

Faculty Scholarship

On 16 January 2003, the WTO Appellate Body issued its report on United States – Continued Dumping And Subsidy Offset Act Of 2000 (WTO Doc. WT/DS217 and 234/AB/R). In this report, the Appellate Body condemned the so-called US Byrd Amendment by finding that it was inconsistent with the US obligations under the WTO Agreements on Antidumping (AD) and Subsidies and Countervailing Measures (SCM).

Law, Culture, And Family: The Transformative Power Of Culture And The Limits Of Law, Nancy E. Dowd

UF Law Faculty Publications

Law inevitably is involved in the resolution of cultural conflicts. Nonintervention acts as powerfully as intervention; in either case, law is a powerful actor in its role as a part of cultural dialogue, as well as in its role as a coercive force. Law is never neutral in my view. If it “stays out” of a situation, then it is complicit in the status quo or in permitting the conflict to be resolved without legal intervention, which may weight the outcome in a particular direction. If law “comes in,” it similarly “sides” with a particular position because, in part, our …

Revisiting The Impact Of California's Mandatory Custody Mediation Program On Victims Of Domestic Violence Through A Feminist Positionality Lens, Lauri Boxer-Macomber

St. Thomas Law Review

In 1981, California became the first state in the country to enact mandatory child custody mediation legislation. Today, all family law cases, even those with histories or allegations of domestic violence, are subject to mediation. The legislative intent in promulgating the mandatory custody mediation program was noble. The program was designed to reduce animosity between parents, develop agreements that keep children's best interests paramount, and allow children close and continuing contact with both their parents. However, the question of whether mediation is an appropriate process to use in cases of domestic violence has been widely debated. A significant amount of …

A Social Contract Between Students And The State: A Constitutional Analysis Of Florida Statutes Related To Mandatory Expulsion For Weapon Possession, Corporal Punishment And The Use Of Metal Detectors On Campus, Loula D. Giannet

St. Thomas Law Review

This article analyzes the constitutionality of various Florida statutes as they may be applied to curtail acts of violence on school grounds. Analyzed from a social contract theoretical perspective, the article first examines whether Florida's zero-tolerance policy regarding weapon possession in schools, which requires mandatory expulsion, comports with the Due Process Clause. Second, the article evaluates the relevant statutes pertaining to corporal punishment and the due process implications of this sanction. Third, the article explores the constitutional issues associated with the use of metal detectors on campus. Finally, the article briefly discusses whether the Double Jeopardy Clause precludes a subsequent …

The Law Of Obscenity - Or Absurdity, H. Franklin Robbins Jr., Steven G. Mason

St. Thomas Law Review

At any rate, if the First Amendment only protects expression that the majority believes will promote the right values, it does not protect very much. Sexually explicit materials arouse intense, deep-seated feelings, and from a moral point of view, the desire to stop their dissemination is understandable. But the censoring of morally bad ideas is glaringly incompatible with the most basic principles of First Amendment law. Nonetheless, for nearly two hundred years the censorship of morally offensive materials has been a part of our legal history, notwithstanding the absolute terms of the First Amendment.

The Great Cookie Caper: Internet Privacy And Target Marketing At Home And Abroad, Jason A. Kotzker

St. Thomas Law Review

Did George Orwell have it all wrong? Is Big Brother really a multinational company with a Web site employing cookies; enabling it to track its visitors' every move? The Internet's popularity as a virtual marketplace and the resulting boom of e-commerce has developed exponentially due to the speed and convenience of on-line shopping and access to information. However, this technological advancement also allows for the collection, storage, and transmittal of personal information. With unlimited access to a vast array of personal information, advertising agencies conduct marketing campaigns targeted at individual e-consumers. Unfortunately, most consumers are unaware that they divulge personal …

Lawyers As Prophets, Thomas L. Shaffer

St. Thomas Law Review

Legal ethics is about injustice. My effort here is part of the broad, modern academic enterprise, and of the broad, modern professional enterprise now usually called professional responsibility. Both date from the Watergate scandal in the administration of President Richard M. Nixon, and the rejection, by legal academics and practicing lawyers, of the behavior of the President and other lawyers in that affair. Our modern enterprise, like the biblical Exodus, was born in outrage at the abuse of legal power. In university law schools such as this one, legal ethics is now a discipline characterized by schools of thought on …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 15, Issue 4, Summer 2003.

Human Capabilities And Human Authorities: A Comment On Martha Nussbaum's Women And Human Development, Robin West

St. Thomas Law Review

In these comments, I want to fill in that gap. I will highlight and then amplify what I think is missing or underplayed in Nussbaum's treatment of capabilities and women, and that is the role that authority plays-and the role it should and should not play-in guiding states toward a recognition of their obligation to nurture, promote, or protect women's-and men's and children's-human capabilities.

The Myth Of Machismo: An Everyday Reality For Latin American Women, Patricia M. Hernandez

St. Thomas Law Review

This paper attempts to present a loose, culturally driven definition of machismo and how this cultural belief affects a woman's "place" in Latin America. With this, another aim is to present a view of the available statistics regarding battering in Latin America. Finally, it is necessary to correlate machismo with the available laws and the ineffectiveness of their application. It is important to also recognize that women's rights groups within Latin America have attempted to pursue certain new avenues to combat domestic violence. Furthermore, the international community has begun to analyze the benefits and consequences associated with the attempt to …

Marriage And Domestic Violence In The United States: New Perspectives About Legal Strategies To Combat Domestic Violence, Lynn D. Wardle

St. Thomas Law Review

Domestic violence is a serious problem in the United States. It has been the subject of significant legal responses, yet domestic violence remains a very substantial and widespread social dilemma in America. Most of the legal responses suffer from two significant flaws. First, they are based on a clearly erroneous assumption that marriage is the primary environment of risk. Second, they focus on protection and punishment rather than prevention. In fact, the relationship between marriage and domestic violence is much more complex than some conventional commentary has recognized. Explanations for why married women and their children are less often victims …

Semblances Of Sovereignty: The Constitution, The State, And American Citizenship, T. Alexander Aleinikoff, Harvard University Press, 2002. Pp. 223, Harvey Gee

St. Thomas Law Review

A major contribution to the contemporary thinking about immigration, citizenship, and assimilation is offered by Georgetown Law Center Law Professor T. Alexander Aleinikoff in his recent volume, Semblances of Sovereignty: The Constitution, the State, and American Citizenship. The book helps to advance the immigration debate and define what it means to be an American. Aleinikoff paints with broad theoretical strokes with academics in mind. Relying on theory, he asks readers to consider how the court has treated the issue of "citizenship" and how it has defined its boundaries and limitations. He also addresses the reasons why traditional notions of immigrant …

Immigration Policy And The Expedited Removal Rule: Equality For Some, Justice For None, Nicholas Merlin

St. Thomas Law Review

In the aftermath of September 11th, the world questioned how nineteen terrorists could have lived for so long in the United States without being detected. The media, once a champion for immigration woes, denounced immigration policy as a toothless farce, swaying to the pressure of activist groups. Naturally, America heightened its state of alert and tightened its fists, closing its borders until it could implement a system for weeding out "undesirable" aliens and monitoring potential threats to homeland security. Due to those restrictive measures, however, many asylum-seeking groups, which found it difficult to gain access to the United States before …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 16, Issue 2, Winter 2003.

Prenatal Tort Law And The Personhood Of The Unborn Child: A Separate Legal Existence, Gregory J. Roden

St. Thomas Law Review

This article will examine the state of prenatal tort and wrongful death law at the time the Supreme Court decided Roe v. Wade and compare such examination to Justice Blackmun's assessment of it in his Roe opinion. Justice Blackmun's opinion in Roe v. Wade briefly takes up the area of prenatal tort law wherein he discusses some of the (allegedly) inchoate rights of the unborn: In areas other than criminal abortion, the law has been reluctant to endorse any theory that life, as we recognize it, begins before life birth or to accord legal rights to the unborn except in …

"Wto-Plus" Obligations And Their Implications For The Wto Legal System: An Appraisal Of The China Accession Protocol, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.

Law And Judicial Duty, Philip A. Hamburger

Faculty Scholarship

Two hundred years ago, in Marbury v. Madison, Chief Justice Marshall delivered an opinion that has come to dominate modern discussions of constitutional law. Faced with a conflict between an act of Congress and the U.S. Constitution, he explained what today is known as "judicial review." Marshall described judicial review in terms of a particular type of "superior law" and a particular type of "judicial duty." Rather than speak generally about the hierarchy within law, he focused on "written constitutions."

He declared that the U.S. Constitution is "a superior, paramount law" and that if "the constitution is superior to any …

What I Think That I Have Learned About Legal Ethics, Richard H. Underwood

Law Faculty Scholarly Articles

In this short piece I want to say a few things that other academics teaching legal ethics may find disturbing. I say this because I believe that I may be swimming against the current academic fashion. Of course, it is possible that I do not have a very good handle on the current academic fashion. I hope I am not setting up a straw person to knock down, but I may be. If I am, I am sure someone will call me to task. What I am going to say is this: contrary to popular belief (among practitioners, at least) …