Law Commons^™

The Marginality Of Citizens United, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

The Importance Of Immutability In Employment Discrimination Law, Sharona Hoffman

William & Mary Law Review

This Article argues that recent developments in employment discrimination law require a renewed focus on the concept of immutable characteristics. In 2009, two new laws took effect: the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act Amendments Act (ADAAA). This Article’s original contribution is an evaluation of the employment discrimination statutes as a corpus of law in light of these two additions.

The Article thoroughly explores the meaning of the term “immutable characteristic” in constitutional and employment discrimination jurisprudence. It postulates that immutability constitutes a unifying principle for all of the traits now covered by the employment …

A Coordinated Approach To Growth Control In Northern Virginia, John R. Annand

William & Mary Law Review

No abstract provided.

Toward A Just Measure Of Repose: The Statute Of Limitations For Securities Fraud, Michael J. Kaufman, John M. Wunderlich

William & Mary Law Review

Statutes of limitations, a long-standing bulwark of civil litigation, mitigate the risk that evidence of meritorious claims will become stale and relieve defendants who might be exposed to claims from unending uncertainty about whether claims will be brought. But these twin rationales are balanced against allowing plaintiffs sufficient time to discover and file meritorious claims. This balance is manifest in the judicial and congressional effort to fashion a statute of limitations for securities fraud claims. The Supreme Court in Merck & Co. v. Reynolds recently attempted to strike that balance in its interpretation of the statute of limitations for securities …

Plausibility Pleading Employment Discrimination, Charles A. Sullivan

William & Mary Law Review

The Supreme Court’s unanimous 2002 decision in Swierkiewicz v. Sorema N.A., which took a very permissive approach to pleading discrimination claims, may or may not remain good law after Ashcroft v. Iqbal. As is well known, Iqbal took a restrictive approach to pleading generally under the Federal Rules of Civil Procedure, and its application to employment discrimination cases could pose serious problems for plaintiffs attempting to get into federal court. In addition, there is certainly a tension between Swierkiewicz and Iqbal. This is in part because the former is a strong reaffirmation of notice pleading as it has traditionally been …

Government Property And Government Speech, Joseph Blocher

William & Mary Law Review

The relationship between property and speech is close, but complicated. Speakers use places and things to deliver their messages, and rely on property rights both to protect expressive acts and to serve as an independent means of expression. And yet courts and scholars have struggled to make sense of the property-speech connection. Is property merely a means of expression, or can it be expressive in and of itself? And what kind of “property” do speakers need to have—physical things, bundles of rights, or something else entirely?

In the context of government property and government speech, the ill-defined relationship between property …

Some Women's Work: Domestic Work, Class, Race, Heteropatriarchy, And The Limits Of Legal Reform, Terri Nilliasca

Michigan Journal of Race and Law

This Note employs Critical Race, feminist, Marxist, and queer theory to analyze the underlying reasons for the exclusion of domestic workers from legal and regulatory systems. The Note begins with a discussion of the role of legal and regulatory systems in upholding and replicating White supremacy within the employer and domestic worker relationship. The Note then goes on to argue that the White, feminist movement's emphasis on access to wage labor further subjugated Black and immigrant domestic workers. Finally, I end with an in-depth legal analysis of New York's Domestic Worker Bill of Rights, the nation's first state law to …

Urgent Reform 'In The Name Of Our Children': Revamping The Role Of Disproportionate Minority Contact In Federal Juvenile Justice Legislation, Atasi Satpathy

Michigan Journal of Race and Law

Disproportionate minority contact ("DMC") has plagued the United States juvenile justice system for decades, but federal legislation has lacked the clarity and guidance to battle this affliction. A strong partnership must exist between state and federal entities in order to directly target DMC and thereby decrease the appallingly disproportionate number of minority children who come into contact with the juvenile justice system. This Note discusses the problem of DMC, identifies state and private efforts to combat the crisis, and indicates deficiencies in the Juvenile Justice and Delinquency Prevention Act as well as its reauthorization bill, S. 678. The Note urges …

Introduction: Brewing Lemonade: Conflict Resolution And The Economic Crisis, Jean R. Sternlight

Nevada Law Journal

No abstract provided.

Mortgage Foreclosure Mediation In Florida - Implementation Challenges For An Institutionalized Program, Sharon Press

Nevada Law Journal

No abstract provided.

There's No Place Like Home: Applying Dispute Systems Design Theory To Create A Foreclosure Mediation System, Andrea Kupfer Schneider, Natalie C. Fleury

Nevada Law Journal

No abstract provided.

Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie, Nancy A. Welsh

Nevada Law Journal

No abstract provided.

Similarities Between Arbitration And Bankruptcy Litigation, Stephen J. Ware

Nevada Law Journal

No abstract provided.

Community Mediation In Economic Crisis: The Reemergence Of Prearious Sustainability, Wendy E. Hollingshead Corbett, Justin R. Corbett

Nevada Law Journal

No abstract provided.

Volunteers: The Power Of Community Mediation, Becky L. Jacobs

Nevada Law Journal

No abstract provided.

The Global Dimension Of The Current Economic Crisis And The Benefits Of Alternative Dispute Resolution, Rebecca Golbert

Nevada Law Journal

The Conference on the Economic Crisis and Conflict Resolution, sponsored by the Saltman Center for Conflict Resolution at the University of Nevada Las Vegas, William S. Boyd School of Law, concerned the application of mediation and other forms of cost-effective dispute resolution to specific dimensions of the domestic economic crisis—namely foreclosure and bankruptcy. Among other relevant themes, the conference also examined cost-effective dispute resolution in community mediation, online technology, and dispute-wise organizations. An economic downturn, however, does not respect borders. The current economic crisis is no exception. Thus, I turn our attention to the global dimension of the current economic …

"Brother Can You Spare A Dime?" Technology Can Reduce Dispute Resolution Costs When Times Are Tough And Improve Outcomes, David Allen Larson

Nevada Law Journal

No abstract provided.

21st Century Africa As An "Arc Of (In)Stability": U.S. And African Economic, Security, And Development Policies Advanced Through U.S. Africa Command Initiatives, Kevin H. Govern

Connecticut Journal of International Law

AFRICOM has not only become a vehicle for cooperation amongst military forces in peacetime and in armed conflict, but has also become a powerful engine for change, adding impetus to and encouraging mutual prosperity for the U.S. and Africa through increased capital and trade." This notion of ever evolving scope of interests with African nations towards mutual prosperity includes the estimate that 25% of America's oil will be imported from Africa by 2015," while America comes under increasing pressure to cease the suffering of millions of Africans who live in poverty and fear daily.

This Article will survey the significant …

No Easy Answers, Dana Neacsu

Law Faculty Publications

In his essay “No Exit” (March 20), David Greenberg dutifully points out some old and recent books whose endings seem “unpersuasive and unsupported by what came before.” And I disagree with his characterization of Walter Lippmann and his 1922 treatise “Public Opinion.”

Foreword, Avishalom Tor

Law and Contemporary Problems

The collection of articles in this Special Issue is based on an international conference on Advances in the Behavioral Analysis of Law: Markets, Institutions, and Contracts that took place on December 8, 2009 at the University of Haifa Faculty of Law in Israel. The conference addressed cuttingedge legal issues at the intersection of law, economics, and psychology from a diverse set of viewpoints, bringing together scholars engaged in both theoretical and experimental behavioral analyses of law.

Notions Of Fairness And Contingent Fees , Eyal Zamir, Ilana Ritov

Law and Contemporary Problems

No abstract provided.

Stealing Sunshine, Ronen Perry, Dana Weimann-Saks

Law and Contemporary Problems

This study is the first to examine the efficacy of this tactic, both theoretically and empirically, contributing to the growing literature on the impact of various trial-advocacy techniques on decision-makers' perceptions and trial outcomes. Given the primacy of the work, the authors draw on existing literature on a related courtroom technique commonly known as "stealing thunder," which is -- in a sense -- the mirror image of the tactic under scrutiny.

Why Didn’T Subprime Investors Demand A (Much Larger) Lemons Premium?, Claire A. Hill

Law and Contemporary Problems

The subprime crisis would never have occurred had investors not been such enthusiastic consumers of subprime securities. The investors now say, somewhat self-servingly (but probably correctly), that they did not understand the securities -- securities for which they were willing to pay very high prices. Investors' willingness to purchase these securities on terms that were favorable to the sellers, and unfavorable to them, presents a considerable puzzle. Investors do not want to miss out on the next big thing.

Open Doors, Trap Doors, And The Law, Shmuel I. Becher, Tal Z. Zarsky

Law and Contemporary Problems

Accordingly, the term "open door" will be used to refer to situations in which an individual can exercise, ex post, a right to rescind or withdraw from (and thus reverse) an ex ante commitment or decision. More specifically, within the realm of contract theory, this article focuses on implications for contract formation interpretation and the design of contractual default rules.

Harmful Freedom Of Choice: Lessons From The Cellphone Market , Adi Ayal

Law and Contemporary Problems

This article focuses on the relationship between provider and customer, specifically on the complexity of available contracts in the cellphone market and the ways this complexity might be harmful to consumers. This article aims to elucidate the issues, fleshing them out both as a general phenomenon and as a specific implementation in the cellphone context. The aim is not to provide ultimate solutions, but to show the directions these solutions might take and the difficulties involved.

Behind The Veil Of Legal Uncertainty , Yuval Feldman, Shahar Lifshitz

Law and Contemporary Problems

This article challenges the conventional view and proclaims the advantages of legal uncertainty. This article recognized some of the drawbacks may arise due to uncertainty and hence illustrated several refinements and limitations regarding the use of a "veil of uncertainty" mechanism in order to improve its potential benefits for lawmakers.

Law For The Common Man: An Individual-Level Theory Of Values, Expanded Rationality, And The Law , Amir N. Licht

Law and Contemporary Problems

This article makes an admittedly bold attempt at outlining an analytical framework for addressing this question. Instead of looking at the legal implications of bounded rationality -- an exercise highly worthy in its own right -- this article advances a theory of expanded rationality. This theory retains the element of rationality in that people respond to incentives in an attempt to attain utility, and it does not question the observation that decision-making is often bounded due to various factors.

Judicial Takings, Judicial Speech, And Doctrinal Acceptance Of The Model Of The Judge As Political Actor, William P. Marshall

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Foreword

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Judicial Takings And State Action: Rereading Shelley After Stop The Beach Renourishment, Nestor M. Davidson

Duke Journal of Constitutional Law & Public Policy

No abstract provided.