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Articles 193951 - 193980 of 545862

Full-Text Articles in Law

"Mancession" Or "Momcession"?: Good Providers, A Bad Economy, And Gender Discrimination, Joan C. Williams, Allison Tait Apr 2011

"Mancession" Or "Momcession"?: Good Providers, A Bad Economy, And Gender Discrimination, Joan C. Williams, Allison Tait

Chicago-Kent Law Review

In the aftermath of the 2008 economic downturn, two of the hardest hit industries were manufacturing and construction. As a result, men became unemployed at a higher rate than women, and consequently, women—for the first time ever—became over fifty percent of the employment. This "mancession" gave rise to great debate over the place of women in the workforce and the important role that employment plays in shaping male identity. An intervening critique came in the form of the "momcession" discourse that focused on the impact of the recession on mothers, who were often responsible for caretaking, homemaking, and providing the …

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Heavy Metal Alloys: Unsigned Rock Bands And Joint Work, Michael S. Young Apr 2011

Heavy Metal Alloys: Unsigned Rock Bands And Joint Work, Michael S. Young

Chicago-Kent Law Review

This note uses humorous illustrations culled from the history of popular heavy metal music to facilitate examination of the effectiveness of joint authorship analysis by modern federal courts. The note carefully considers a variety of common contributions made by band members in the absence of any written or verbal agreement about authorship, and concludes (1) that a more equitable regime would do away with the requirement that a co-author make an "independently copyrightable" contribution, and (2) that courts must take greater care not to transform "will to control" into "intent to be a sole author."

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League Parity: Bringing Back Unlicensed Competition In The Sports Fan Apparel Market, David Franklin Apr 2011

League Parity: Bringing Back Unlicensed Competition In The Sports Fan Apparel Market, David Franklin

Chicago-Kent Law Review

Should professional sports teams and collegiate institutions have an exclusive right to merchandise their logos? Recent court decisions have effectively provided these organizations with a monopoly in the fan apparel marketplace, as retailers who are not "officially licensed" by the underlying team or university are likely to face trademark infringement liability. In some contexts, this extension of trademark law has prevented companies from selling merchandise that merely displays a team's color scheme. However, such a broad prohibition on the use of team logos is inconsistent with the goal of trademark law, which is intended to prohibit uses of a mark …

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Efficient Contracting Between Foreign Investors And Host States: Evidence From Stabilization Clauses, Sam F. Halabi Apr 2011

Efficient Contracting Between Foreign Investors And Host States: Evidence From Stabilization Clauses, Sam F. Halabi

Faculty Publications

Bilateral investment treaties are agreements between sovereign states that give broad protections to investors and investments made within the jurisdiction of the other state. The prevailing view in the academy and practice is that developing countries sign bilateral investment treaties in order to reassure investors from developed states that their investments will be safe from changes in domestic law. Without these “credible commitments,” investors would be deterred from making investments, depriving developing countries of foreign capital. This Article disputes that view by demonstrating that foreign investors and host states effectively contract around the risk of changes in the law. This …

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Table Of Contents - Issue 2, Chicago-Kent Law Review Apr 2011

Table Of Contents - Issue 2, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

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The Canadian Criminal Jury, Regina Schuller, Neil Vidmar Apr 2011

The Canadian Criminal Jury, Regina Schuller, Neil Vidmar

Chicago-Kent Law Review

The Canadian criminal jury system has some unique characteristics. In contrast to American law, that gives precedent to free speech over fair trial, and English law, that favors fair trial over free speech, Canadian law occupies a middle ground balancing these competing values. Jury selection procedure in most trials is similar to that of England: jurors are assumed to be "impartial between the Queen and the accused" and are selected without voir dire. However, in cases involving exceptional pretrial publicity or involving accused persons from racial or ethnic minority groups, jurors are vetted by a "challenge for cause" process in …

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Two Weeks At The Old Bailey: Jury Lessons From England, Nancy S. Marder Apr 2011

Two Weeks At The Old Bailey: Jury Lessons From England, Nancy S. Marder

Chicago-Kent Law Review

I spent two weeks observing jury trials and interviewing judges and barristers at the Old Bailey in London. There were several jury practices at the Old Bailey that would benefit American jurors, such as providing them with a "jury bundle," and we should introduce such practices in the United States. There are other practices, such as eliminating peremptory challenges, which are worth adopting over time because there would be some initial resistance. There are many practices that the two systems share in common, such as allowing jurors to take notes, to ask questions of witnesses, and to have a written …

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Japan's Quasi-Jury And Grand Jury Systems As Deliberative Agents Of Social Change: De-Colonial Strategies And Deliberative Participatory Democracy, Hiroshi Fukurai Apr 2011

Japan's Quasi-Jury And Grand Jury Systems As Deliberative Agents Of Social Change: De-Colonial Strategies And Deliberative Participatory Democracy, Hiroshi Fukurai

Chicago-Kent Law Review

Direct participatory democracy touches Japan anew in its current attempt to reform and reconstruct the criminal justice system through the introduction of two tiered systems of quasi-jury (saiban-in) and grand jury (kensatsu shinsakai) institutions. Not only did the twin systems of lay deliberation help create an effective and investigative mechanism against the corporate predation and governmental abuse of power, they also allowed the prosecution of military crimes committed by U.S. Armed Forces personnel and their families stationed in Japan. My paper then examines the historical evolution of these newly established lay justice institutions, exploring the increasing adoption of lay forms …

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When A Door Closes, A Window Opens: Using Preemption To Challenge State Medicaid Cutbacks, Martina Brendel Apr 2011

When A Door Closes, A Window Opens: Using Preemption To Challenge State Medicaid Cutbacks, Martina Brendel

Chicago-Kent Law Review

Following the Supreme Court's 2002 decision in Gonzaga University v. Doe, several circuit courts of appeal have disallowed enforcement of key Medicaid provisions under § 1983. Notably, courts have placed no similar restrictions on the enforceability of these provisions under the Supremacy Clause. This article discusses Lankford v. Sherman and Independent Living Center v. Shewry, two recent appellate decisions in which plaintiffs succeeded in preventing Medicaid cuts under a preemption theory. It then addresses the limits of the Supremacy Clause, which applies to a narrower range of state action than § 1983. It argues that Medicaid reimbursement rates are "laws" …

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Women's Citizen Security, Susana Chiarotti Boero Apr 2011

Women's Citizen Security, Susana Chiarotti Boero

University of Miami Law Review

No abstract provided.

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Anti-Bribery Legislation In The United States And United Kingdom: A Comparative Analysis Of Scope And Sentencing, Margaret Ryznor, Samer Korkor Apr 2011

Anti-Bribery Legislation In The United States And United Kingdom: A Comparative Analysis Of Scope And Sentencing, Margaret Ryznor, Samer Korkor

Missouri Law Review

Lawmakers and prosecutors continue to take aim at a major subset of global corruption - corporate bribery of foreign government officials. Specifically, while the enforcement of the Foreign Corrupt Practices Act in the United States has risen to new records, the United Kingdom has revolutionized its anti-bribery law following global criticism of its previously relaxed legal regime. Both U.S. and U.K. anti-bribery laws, furthermore, apply extraterritorially and have the capability to entangle even the largest multinational companies in their legal frameworks. These all-encompassing frameworks hold significant consequences for both corporations and their employees, but the increasing power of anti-bribery law …

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Qualifying For The Title Vii Religious Organization Exemption: Federal Circuits Split Over Proper Test, Roger W. Dyer Jr. Apr 2011

Qualifying For The Title Vii Religious Organization Exemption: Federal Circuits Split Over Proper Test, Roger W. Dyer Jr.

Missouri Law Review

While the United States Supreme Court has upheld the constitutionality of a law permitting religious organizations to exercise a religious preference when making employment decisions, courts remain at odds over the proper test for determining whether an organization is "religious." This conflict highlights the tension between Title VII of the Civil Rights Act and the First Amendment's religion clauses. When Congress passed Title VII, it took the first step toward its goal of "eliminat[ing] all forms of unjustified discrimination in employment." Title VII prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. Title VII generally …

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Distinguishing Judges: An Empirical Ranking Of Judicial Quality In The United States Court Of Appeals, Robert Anderson Apr 2011

Distinguishing Judges: An Empirical Ranking Of Judicial Quality In The United States Court Of Appeals, Robert Anderson

Missouri Law Review

This Article presents an empirical performance ranking of 383 federal appellate judges who served on the United States Courts of Appeals between 1960 and 2008. Like existing judge evaluation studies, this Article uses citations from judicial opinions to assess judicial quality. Unlike existing citation studies, which treat positive and negative citations alike, this Article ranks judges according to the mix of positive and negative citations to the opinions, rather than the number of citations to those opinions. By distinguishing between positive and negative citations, this approach avoids ranking judges higher for citations even when the judges are being cited negatively. …

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Attorney Duty To Search Case.Net For Juror Nondisclosure: Missouri Supreme Court Rule 69.025, John Constance Apr 2011

Attorney Duty To Search Case.Net For Juror Nondisclosure: Missouri Supreme Court Rule 69.025, John Constance

Missouri Law Review

The term voir dire derives from the Latin phrase verum dicere, literally meaning "to speak the truth."' In American jurisprudence, voir dire has come to mean the pretrial questioning of venire members during which a judge or party is given the opportunity to ask the prospective jurors questions in an attempt to reveal their personal tendencies and possible biases. Missouri courts have held that the right to a fair and impartial panel of twelve qualified jurors is the cornerstone of the judicial system. As such, it is the duty of prospective jurors on voir dire examination to "fully, fairly, and …

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Missouri Revised Statutes Section 490.715: A Toothless Attempt To Limit The Recovery Of Medical Expense Write-Offs, Alexander Cornwell Apr 2011

Missouri Revised Statutes Section 490.715: A Toothless Attempt To Limit The Recovery Of Medical Expense Write-Offs, Alexander Cornwell

Missouri Law Review

This Article focuses objectively on whether the decision to limit the application of the collateral source rule in Missouri is in accord with modem trends and whether Missouri courts' recent interpretation of section 490.715 is consistent with the legislature's original intent. Part 1I reviews the history of the collateral source doctrine and the justifications supporting its retention. In Part IlI, this Article outlines the Missouri legislature's decision to modify the rule and analyzes subsequent court decisions applying section 490.715. In response to the recent legislative and judicial activity, Part IV concludes that modification of the collateral source doctrine was warranted …

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Enforcement And The Future Apr 2011

Enforcement And The Future

Labor & Employment Law Forum

No abstract provided.

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$0.77 Does Not Equal $1.00: A Perspective On The Ledbetter Fair Pay Act In A Dukes V. Wal-Mart World, Jessica B. Clarke Apr 2011

$0.77 Does Not Equal $1.00: A Perspective On The Ledbetter Fair Pay Act In A Dukes V. Wal-Mart World, Jessica B. Clarke

Labor & Employment Law Forum

No abstract provided.

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Lost In Doctrine: Particular Social Group, Child Soldiers And The Failure Of U.S. Asylum Law To Protect Exploited Children, Tessa R. Davis Apr 2011

Lost In Doctrine: Particular Social Group, Child Soldiers And The Failure Of U.S. Asylum Law To Protect Exploited Children, Tessa R. Davis

Faculty Publications

Exploited and persecuted, child soldiers live lives dominated by violence, fear, and death. Very few will find security within their own nations or abroad. Subjected to exclusionary bars or rigid interpretations of the particular social group ground for asylum, U.S. asylum law frequently functions to exclude those lucky few children who are able to escape their persecutors. Scholars writing on child soldiers and asylum law focus, almost exclusively, on the exclusionary bars and question of whether children are persecutors or victims of atrocities. These concerns are critical because how courts view child soldiers determines whether they will grant or deny …

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Phoenix Rising: Default Rates At Proprietary Institutions Of Higher Education And What Can Be Done To Reduce Them, Nicholas R. Johnson Apr 2011

Phoenix Rising: Default Rates At Proprietary Institutions Of Higher Education And What Can Be Done To Reduce Them, Nicholas R. Johnson

The Journal of Law and Education

No abstract provided.

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The Ability To Claim And The Opportunity To Imagine: Rights Consciousness And The Education Of Ultra-Orthodox Girls, Shulamit Almog, Lotem Perry-Hazan Apr 2011

The Ability To Claim And The Opportunity To Imagine: Rights Consciousness And The Education Of Ultra-Orthodox Girls, Shulamit Almog, Lotem Perry-Hazan

The Journal of Law and Education

No abstract provided.

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Developing A School-Based Youth Court: A Potential Alternative To The School To Prison Pipeline, Heather A. Cole, Julian Vasquez Heilig Apr 2011

Developing A School-Based Youth Court: A Potential Alternative To The School To Prison Pipeline, Heather A. Cole, Julian Vasquez Heilig

The Journal of Law and Education

No abstract provided.

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Nexus And Notoriety For Teacher Conduct: Off-Campus But Off-Putting - Counterpoint Introduction, Perry A. Zirkel Apr 2011

Nexus And Notoriety For Teacher Conduct: Off-Campus But Off-Putting - Counterpoint Introduction, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

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Immorality, Teacher Private Conduct, And Adverse Notoriety: A Needed Recalculation Of Nexus - Counterpoint, Todd A. Demitchell Apr 2011

Immorality, Teacher Private Conduct, And Adverse Notoriety: A Needed Recalculation Of Nexus - Counterpoint, Todd A. Demitchell

The Journal of Law and Education

No abstract provided.

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Appearance Of The Impropriety, Recusal, And The Segars-Andrews Case, John P. Freeman Apr 2011

Appearance Of The Impropriety, Recusal, And The Segars-Andrews Case, John P. Freeman

Faculty Publications

No abstract provided.

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Florida V. Hhs - Brief For Appellants, United States Department Of Health And Human Services Apr 2011

Florida V. Hhs - Brief For Appellants, United States Department Of Health And Human Services

Patient Protection and Affordable Care Act Litigation

No abstract provided.

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The Primacy Of Society And The Failures Of Law And Development, Brian Z. Tamanaha Apr 2011

The Primacy Of Society And The Failures Of Law And Development, Brian Z. Tamanaha

Cornell International Law Journal

No abstract provided.

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From Control To Communication: Science, Philosophy, And World Trade Law, Sungjoon Cho Apr 2011

From Control To Communication: Science, Philosophy, And World Trade Law, Sungjoon Cho

Cornell International Law Journal

Recently, science has become increasingly salient in various fields of international law. In particular, the World Trade Organization (WTO) Sanitary and Phytosanitary (SPS) Agreement stipulates that a regulating state must provide scientific justification for its food safety measures. Paradoxically, however, this ostensibly neutral reference to science often complicates treaty interpretation. It tends to take treaty interpretation beyond the conventional methodology provided by the Vienna Convention on the Law of Treaties, which is primarily concerned with clarifying and articulating the text of treaties. The two decades old transatlantic trade dispute over the safety of hormone-treated beef is a case in point. …

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Impairment, Discrimination, And The Legal Construction Of Disability In The European Union And The United States, Vlad Perju Apr 2011

Impairment, Discrimination, And The Legal Construction Of Disability In The European Union And The United States, Vlad Perju

Cornell International Law Journal

No abstract provided.

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A South American Energy Treaty: How The Region Might Attract Foreign Investment In A Wake Of Resource Nationalism, Jason Pierce Apr 2011

A South American Energy Treaty: How The Region Might Attract Foreign Investment In A Wake Of Resource Nationalism, Jason Pierce

Cornell International Law Journal

No abstract provided.

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Fast Track Authority And Its Implication For Labor Protection In Free Trade Agreements, Eli J. Kirschner Apr 2011

Fast Track Authority And Its Implication For Labor Protection In Free Trade Agreements, Eli J. Kirschner

Cornell International Law Journal

No abstract provided.

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