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Santa Clara Magazine, Volume 52, Number 3, Winter 2010, Santa Clara University

Santa Clara Magazine

14 - GOOD LIT By Alicia K. Gonzales '09 and Steven Boyd Saum. It's time to light 10 candles on the birthday cake for SCU's California Legacy Series. To date: 43 books, 500 radio broadcasts, and a handful of movies. What's next? Something big.

16 - SHAPING THE FUTURE by Adolfo Nicolas, S.J. What can Jesuit universities do-together-to make the world a more humane, just, and sustainable place? It starts with imagination, an unequaled global network, and a conference in Mexico City- where Jesuit Superior General Adolfo Nicolas takes stock of challenges to Jesuit higher education today.

24 - A …

What Can Be Learned From The Experiences Of Various Societies In Dealing With Their Principal Trouble Spots?, I Benson

Law Conference Papers

Introduction

In both South Africa and Canada religions per se have not been principal trouble spots for a very long time. What has been very much at issue is the treatment of religious communities and religious believers by the State and from time to time disputes between rights claimants of one sort in relation to rights claimants of another. There are many differences between the two countries but in this paper I shall look for some common themes to evaluate a few of the more significant areas of conflict that engage religious pluralism. Most importantly, however, I shall examine a …

January 2011 Docket, Georgia State University College Of Law

The Docket

No abstract provided.

Labor Contract Formation, Tenuous Torts, And The Realpolitik Of Justice Sotomayor On The 50th Anniversary Of The Steelworkers Trilogy: Granite Rock V. Teamsters, David L. Gregory, Rowan Foley Reynolds, Nadav Zamir

Labor & Employment Law Forum

No abstract provided.

Stanley Kresge: A Brief Reflection, Brian Regan

1966–1985: Kathleen Farmann

Stanley S. Kresge, provided the resources for the renovation and naming of the Kresge Law Library in 1973. Brian Regan, ND '61, provides a personal reflection on the strength and character of the man.

Crucible Of Talent: 60 Years Of The Catholic University Law Review, Ralph J. Rohner

Miscellaneous Historical Documents

An article appearing in the Winter 2011 CUA Lawyer celebrating the achievements of the Catholic University Law Review over the past 60 years,

Self-Altering Injury: The Hidden Harms Of Hedonic Adaptation, Sean Hannon Williams

Cornell Law Review

No abstract provided.

Combating Acid Violence In Bangladesh, India, And Cambodia, Sital Kalantry, Jocelyn Getgen Kestenbaum

Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence

This Report is the first comprehensive, comparative study of acid violence that examines the underlying causes, its consequences, and the multiple barriers to justice for its victims. Acid attacks, like other forms of violence against women, are not random or natural phenomena. Rather, they are social phenomena deeply embedded in a gender order that has historically privileged patriarchal control over women and justified the use of violence to “keep women in their places.”

Through an in-depth study of three countries, the authors of the Report argue that the due diligence standard can be a powerful tool for state and non-state …

Diversity, Specificity And Environmental Policymaking: An Introduction, Joel A. Mintz

Nova Law Review

No abstract provided.

It's Never Too Late To Make Amends: Two Wrongs Don't Protect A Victim's Right To Restitution, Woody R. Clermont

Nova Law Review

No abstract provided.

Nova Law Review 35, 2

Nova Law Review

No abstract provided.

Unh Law Alumni Magazine, Winter 2011, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

Judicial Ghostwriting: Authorship On The Supreme Court, Jeffrey S. Rosenthal, Albert H. Yoon

Cornell Law Review

No abstract provided.

Rational Treaties: Article Ii, Congressional-Executive Agreements, And International Bargaining, John Yoo

Cornell Law Review

No abstract provided.

The Year In Review 2010: Selected Cases From The Alaska Supreme Court, The Alaska Court Of Appeals, The United States Supreme Court, United States District Court For The District Of Alaska, And The United States Court Of Appeals For The Ninth Circuit

Alaska Law Review Year in Review

No abstract provided.

Salt Equalizer, Vol. 2011, Issue 2, Society Of American Law Teachers

SALT Equalizer

Contents of This Issue:

Raquel Aldana & Steven W. Bender, Co-Presidents’ Column, at 1.

Hazel Weiser, Executive Director’s Column, at 1.

Hazel Wesier, SALT Board of Governors Election, at 4.

Hazel Weiser, Breaking In: Committed to Diversity in the Legal Academy, at 7.

Hope Lewis, SALT and Northeastern Host Well-Received “Breaking Into Law Teaching Program,” at 7.

Solangel Maldonado, B.A. to J.D. Pipeline Initiative: November Conference on Diversifying the Legal Profession, at 8.

Ruben Garcia, Great Teacher Keith Aoki’s Legacy to be Celebrated at 2012 SALT Dinner, at 9.

Doug Colbert & Pamela Bridgewater, Access to Justice Committee: Progress, …

A Realist Defense Of The Alien Tort Statute, Robert Knowles

Law Faculty Publications

This Article offers a new justification for modern litigation under the Alien Tort Statute (ATS), a provision from the 1789 Judiciary Act that permits victims of human rights violations anywhere in the world to sue tortfeasors in U.S. courts. The ATS, moribund for nearly 200 years, has recently emerged as an important but controversial tool for the enforcement of human rights norms. “Realist” critics contend that ATS litigation exasperates U.S. allies and rivals, weakens efforts to combat terrorism, and threatens U.S. sovereignty by importing into our jurisprudence undemocratic international law norms. Defenders of the statute, largely because they do not …

Tribute By Professor David Bogen, David S. Bogen

In Memoriam, Professor Hungdah Chiu (1936-2011)

No abstract provided.

Tribute In Memory Of Dr. Hungdah Chiu, Ying-Jeou Ma

In Memoriam, Professor Hungdah Chiu (1936-2011)

No abstract provided.

Euology, Su Chi

In Memoriam, Professor Hungdah Chiu (1936-2011)

No abstract provided.

The Lutheran Church During The Civil War: The Case Of Rev. Zimmerman, Jennifer H. Cornely

Legal History Publications

In 1864 a pastor walked into the Superior Court of Baltimore and sued his Congregation. The pastor, Reverend Leonhard Frederick Zimmerman (Rev. Zimmerman), wanted to be reinstated to his position as pastor of the St. Stephen’s German Evangelical Lutheran Church (St. Stephen’s), following a close vote calling for his dismissal. The Maryland Court of Appeals affirmed the reinstatement of the Rev. Zimmerman, however neither case discussed the underlying reason for his dismissal. In this project it was necessary to explore the Lutheran Church during the Civil War by studying the history of the Lutheran Church in America, the history of …

Wallace-Mcharg’S Plans For Greater Baltimore, Garrett Power

Legal History Publications

This essay considers the growth of the partnership between David Wallace and Ian McHarg into one of the nation’s dominant urban design and environmental planning firms. It focuses on the firm’s undertaking in the Greater Baltimore region in the 1950’s, 1960’s, and 1970’s. With the benefit of fifty years of hindsight it looks at the successes and failures of their plans for Charles Center, the Green Spring and Worthington Valleys, and the Inner Harbor. Surprisingly, prize-winning innovations praised in one generation came to be judged as the design flaws of the next. Less surprisingly, their plans to “design with nature” …

Coston V. Coston, 25 Md. 500 (Md. 1866): The Plight Of One Family Out Of Many Fighting Apprenticeship In Reconstruction Maryland, Zachary S. Schultz

Legal History Publications

The abolition of slavery in the State of Maryland, pursuant to the Maryland Constitution of 1864, resulted in the emancipation of thousands of black children, who, because of an unrepealed section of the Maryland Black codes, were quickly apprenticed to their former masters under the guise of a legal apprenticeship statute. Within this period of Maryland history is the story of Leah Coston and her two boys, Simon and Washington, who were apprenticed to their former master, Samuel S. Costen, on the Eastern Shore of Maryland. This paper contextualizes the case of Coston v. Coston within the times and provides …

Adoption Of English Law In Maryland, Garrett Power

Legal History Publications

It served as an axiom of Maryland’s constitutional history that settlers carried with them the “rights of Englishmen” when they crossed the Atlantic. In 1642 the Assembly of Maryland Freemen declared Maryland’s provincial judges were to follows the law of England. Maryland’s 1776 Declaration of Independence left a legal lacuna--- what were to be the laws and public institutions of this newly created sovereign entity? This paper considers the manner in which the sovereign state of Maryland filled the void.

"Displaced By A Force To Which They Yielded And Could Not Resist": A Historical And Legal Analysis Of Mayor And City Counsel Of Baltimore V. Charles Howard Et. Al, Matthew Kent

Legal History Publications

The experience of the Baltimore Police Commissioners is instructive in understanding the state of affairs in Baltimore during the Civil War era. The removal of the commissioners by the Union Army and the subsequent civil trial, The Mayor and City Council of Baltimore v. Charles Howard, provides a window through which one may examine the historical, legal and political circumstances of the time. The legal status of the commissioners also sheds light on modern legal doctrine related to the detention of American citizens as “enemy combatants” without the benefit of certain constitutional guarantees. By analyzing the Howard case with a …

The Mayor And City Council Of Baltimore V. The Baltimore And Ohio Railroad (1864), Joshua Cover

Legal History Publications

The B&O Railroads area of operations during the Civil War placed it both in harms way, as well as presented opportunities for immense profit and expansion. However, two distinct parties within the board of directors remained at odds over the nature and direction of the growth. Using one particular case as a foundation, this paper examines the dynamics of the board of directors during the Civil War through a case study of a injunction brought by members of the board against the controlling board as a whole. Within a comprehensive examination of the history of the B&O and its role …

Katrina's Animal Legacy: The Pets Act, Marita Mike, Rebecca Mike, Clark J. Lee

Homeland Security Publications

This article discusses issues related to the federal Pets Evacuation and Transportation Standards Act of 2006 (PETS Act), which was signed into law in the aftermath of Hurricane Katrina. Issues discussed in this article include:

1. Various problems concerning animal evacuations and sheltering that Hurricane Katrina brought to light;
2. Provisions of the PETS Act and related laws and policies which were developed in response to the tragedies brought about by Hurricane Katrina; and
3. Strengths and weaknesses of the PETS Act and recommends next steps to improve implementation of the PETS Act.

Color Commentators Of The Bench, Adam Benforado

Florida State University Law Review

No abstract provided.

International Comparisons Of Bank Regulation, Liberalization, And Banking Crises, Puspa Amri, Apanard P. Angkinand, Clas Wihlborg

Business Faculty Articles and Research

Purpose: The recurrence of banking crises throughout the 1980s and 1990s, and in the more recent 2008-09 global financial crisis, has led to an expanding empirical literature on crisis explanation and prediction. This paper provides an analytical review of proxies for and important determinants of banking crises − credit growth, financial liberalization, bank regulation and supervision.

Design/Methodology/Approach: The study surveys the banking crisis literature by comparing proxies for and measures of banking crises and policy-related variables in the literature. Advantages and disadvantages of different proxies are discussed.

Findings: Disagreements about determinants of banking crises are in part …

Seven Principles: Increasing Access To Law School Among Students Of Color, Catherine E. Smith

Scholarly Articles

In Fall 2010, I became one of the first tenured professors in the nation to hold a deanship dedicated exclusively to diversity in a school of law. As the Associate Dean of Institutional Diversity and Inclusiveness at the University of Denver's Sturm College of Law ("SCOL"), I am charged with strengthening access to the legal academy, particularly among, but not limited to, students and faculty of color. This Essay describes the evolution of my role and the seven principles that currently guide student pipeline and recruitment efforts at the SCOL. These principles help the SCOL focus those efforts, work strategically, …