Law Commons^™

Discriminatory Housing Statements And §3604(C): A New Look At The Fair Housing Act’S Most Intriguing Provision, Robert G. Schwemm

Law Faculty Scholarly Articles

Today, more than three decades after the 1968 Fair Housing Act ("FHA") banned such behavior, blatant discrimination—often accompanied by racist slurs and other explicitly discriminatory statements—continues to plague America's housing markets. The FHA not only outlawed discrimination in most housing transactions on the basis of race, color, religion, and national origin, but also contained a specific prohibition, § 3604(c), banning all discriminatory housing statements. Unlike the FHA's more traditional prohibitions against discriminatory refusals to deal and discriminatory terms and conditions, § 3604(c)'s ban on discriminatory statements has not been the subject of much litigation or debate.

Part I of the …

Assessing Causation In Breast Implant Litigation: The Role Of Science Panels, Laural L. Hooper, Joe S. Cecil, Thomas E. Willging

Law and Contemporary Problems

In two recent cases, federal judges appointed panels of scientific experts to help assess conflicting scientific testimony regarding causation of systemic injuries by silicone gel breast implants. This article will describe the circumstances that gave rise to the appointments, the procedures followed in making the appointments and reporting to the courts, and the reactions of the participants in the proceedings.

Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley

Law and Contemporary Problems

The thesis of this article is that the Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.'s focus on the scientific method, however rigorously applied, invites certain classes of abuses. There are instances in which evidence can be made to look more scientific by a process that in fact and substance makes is utterly unscientific.

Strategies To Facilitate Changes In Water Use, Bonnie G. Colby

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

21 pages.

Contains 4 pages of references and 2 pages of endnotes.

Fort Belknap-Mt Compact Of 2001, Montana

Native American Water Rights Settlement Project

Settlement & State Legislation: No separate settlement agreement. Fort Belknap-Montana compact ratified. (MCA 85-20-1001) (April 16, 2001) Parties: Gros Ventre and Assiniboine Tribes of the Fort Belknap Reservation, MT and US. The Tribes have right to 645 c/f/s from the Milk River and its tributaries upstream from Reservation diversion point with a priority date of October 17, 1855. Off-stream storage is limited to 60,000 a/f and up to 125 c/f/s is for irrigation and other historical purposes. Tribes have right to develop surface water in the Milk River Basin for livestock impoundments provided they don't use more than 30 a/f/y. …

Sexual Abuse Against Women In Prison, Brenda V. Smith

Project on Addressing Prison Rape - Articles

One of the by-products of the influx of women into correctional settings has been the emergence of sexual misconduct against women in prison as a major issue for corrections officials and attorneys who represent women. This article advocates for laws criminalizing sexual abuse of women inmates, as well as training to prevent such abuse.

Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

Reply To Brief In Opposition, Chris V. Tenet, No. 00-829 (U.S. Feb. 12, 2001), David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White

Fordham Journal of Corporate & Financial Law

No abstract provided.

An Overview Of Derivatives Litigation, 1994 To 2000, John D. Finnerty

Fordham Journal of Corporate & Financial Law

No abstract provided.

Indian Religious Freedom: To Litigate Or Legislate?, Louis Fisher

American Indian Law Review

No abstract provided.

Pressure From Abroad Against Use Of Capital Punishment In The United States, John Quigley

ILSA Journal of International & Comparative Law

Foreign pressure on the United States on the capital punishment issue continues to build.

Statutory Limits On Punitive Damages In Nursing Home Negligence Tort Actions: Preventing The Collapse Of The Private Nursing Home, Terrance J. Shanahan

Journal of Health Care Law and Policy

No abstract provided.

Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin

Scholarly Works

No abstract provided.

Students And Due Process In Higher Education: Of Interests And Procedures, Fernand N. Dutile

Journal Articles

In the process of enforcing their academic and disciplinary standards, colleges and universities increasingly find themselves confronting the possibility and even the reality of litigation. At public institutions, of course, the strictures of the due process clause of the Fourteenth Amendment loom especially large. Meeting the complex needs of their institutions and students as well as the expectations of American courts presents an ongoing and daunting challenge to higher education personnel.

For both internal and external reasons, institutional dealings with aberrant students in public higher education has, over the years, developed on a dual track. Courts themselves have generally treated …

Scientific Evidence In Civil And Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.

Competing Frameworks For Assessing Contemporary Holocaust-Era Claims, Vivian Grosswald Curran

Articles

There are many angles from which to perceive the contemporary holocaust-era claims. In 1997, Time magazine quoted Elie Wiesel as saying that, [i]f all the money in all the Swiss banks were turned over, it would not bring back the life of one Jewish child. But the money is a symbol. It is part of the story. If you suppress any part of the story, it comes back later, with force and violence.

Wiesel touches on two perspectives: first, what has been described as litigating the holocaust, with all that that implies about the law's questionable capacity to adjudicate issues …

Uncertain Litigation Cost And Seller Behavior: Evidence From An Auditing Game, Ping Zhang, Bryan K. Church, Lucy Ackert

Faculty and Research Publications

Investigates difficulties that arise in estimating expected litigation costs in an auditing game in the United States. Effect of effort level on certain and uncertain costs of performing the engagement; Frequency of observed fee offers below the total expected cost of an engagement; Institutional arrangements and damage-sharing regimes; Theoretical and behavioral predictions.

"Please Let Me Be Heard:" The Right Of A Florida Foster Child To Due Process Prior To Being Committed To A Long-Term, Locked Psychiatric Institution, Bernard P. Perlmutter, Caroline S. Salisbury

Articles

No abstract provided.

Fundamentals Of Section 1983 Litigation, Martin A. Schwartz

Scholarly Works

No abstract provided.

Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

Character Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

“Other Acts” Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

What's So Bad About Bush V. Gore? An Essay On Our Unsettled Election, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

There is a chance that Bush v. Gore may begin a process of laying a more attractive and realistic foundation for constitutionalism than the Official Story provides. The very fact that the Court is not politically independent and that it could not settle the matter in a disinterested, apolitical fashion might set us down a path toward a more mature version of constitutional law. The politically tendentious character of the Coon's reasoning demonstrates that our core constitutional commitments are subject to political manipulation. Ironically, public understanding of this malleability makes our politics more, rather than less, inclusive. It does so …

To Litigate Or Arbitrate - No Matter - The Credit Card Industry Is Deciding For You, Johanna Harrington

Journal of Dispute Resolution

This Comment posits that consumers lose their legal protections in the credit industry when arbitration policies are favored over consumer credit protection policies. Part II will examine the language of credit card arbitration clauses including a discussion of the circumstances under which a credit card holder might bring a claim. Part III will discuss barriers to challenging the arbitration provisions. Part IV will summarize how the courts have addressed mandatory arbitration clauses in credit cards. Part V will examine traditional consumer credit protection laws, specifically whether the Truth-in-Lending Act is able to protect consumers from mandatory arbitration clauses. Finally, Part …

The Marbury Mystery: Why Did William Marbury Sue In The Supreme Court?, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

In 1801, when William Marbury petitioned the Supreme Court to issue a writ of mandamus ordering Secretary of State James Madison to deliver his commission as justice of the peace, he initiated one of the most important cases in the Court's history. But why did Marbury choose the Supreme Court? Was there a lower federal court that could have granted the writ at the time? The short answer is "yes." Rather than making an unsuccessful attempt to invoke the original jurisdiction of the United States Supreme Court, I have learned that he could have brought his suit in the then …