Law Commons^™

Transporting Padilla To Deportation Proceedings: A Due Process Right To The Effective Assistance Of Counsel, Stephen H. Legomsky

Saint Louis University Public Law Review

No abstract provided.

Penalty And Proportionality In Deportation For Crimes, Maureen Sweeney, Hillary Scholten

Saint Louis University Public Law Review

No abstract provided.

Berghuis V. Thompkins: The Supreme Court’S “New” Take On Invocation And Waiver Of The Right To Remain Silent, Emma Schuering

Saint Louis University Public Law Review

No abstract provided.

In Search Of Guidance: An Examination Of Past, Present, And Future Adjudications Of Domestic Violence Asylum Claims, Barbara R. Barreno

Vanderbilt Law Review

L-R- is a Mexican woman who applied for asylum in the United States in 2005. She is one of countless victims of gender-based violence, which in recent decades has become a matter of international concern and which policymakers around the world have taken steps to combat. The United States has been among the nations that have made eliminating gender-based violence a priority by passing such legislation as the Violence Against Women Act ("VAWA") and by creating two special forms of visas for victims of domestic violence. While great strides have been taken to protect immigrant women who are already in …

Law Library Guide 2011–2012, Kresge Law Library, Research Services Department

Law Library Guide

The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.

The Character Of Legal Theory, Hanoch Dagan, Roy Kreitner

Cornell Law Review

No abstract provided.

The Need For Non-Discretionary Interlocutory Appellate Review In Multidistrict Litigation, Andrew S. Pollis

Faculty Publications

Multidistrict Litigation (MDL) is a tool for managing complex litigation by transferring cases with common questions of fact to a single judge for coordinated pretrial proceedings. The subject matter of the cases can run the gamut from airplane crashes to securities fraud to environmental disasters, such as the recent BP oil spill in the Gulf of Mexico. Today, about a third of all pending civil cases in federal court are part of the MDL system. A single judge renders all the important legal decisions in each MDL, exerting outsized impact on the parties and on the evolution of the law …

Anything But Academic: How Copyright’S Work-For-Hire Doctrine Affects Professors, Graduate Students, And K-12 Teachers In The Information Age, Nathaniel S. Strauss

Richmond Journal of Law & Technology

In 1938, the original designers of the Superman comic book figure assigned their ownership rights to DC Comics for $130. On January 1, 2013, their heirs plan to reclaim those rights in court. The impending Superman litigation will herald a wave of a new type of action, known as copyright termination. The Copyright Act of 1976 (“Copyright Act”) granted the original authors of creative works the right to recover rights assigned to publishers, media companies, and other parties, after a period of thirty-five years. Since the Copyright Act became effective on January 1, 1978, the original authors may first assert …

Misuse And Abuse Of Legal Argument By Analogy In Transjudicial Communication: The Case Of Zaheeruddin V. State, Amjad Mahmood Khan

Richmond Journal of Global Law & Business

This article explores the risks and limits of transjudicial communication. In particular, I critique the scholarly contention that transjudicial communication can be built upon commonly accepted methods of legal reasoning. I argue that transnational courts do not uniformly understand or apply commonly accepted methods of legal reasoning, especially legal argument by analogy. As a result, transnational courts that utilize transjudicial communication can and do render specious, even destructive, judicial opinions. I analyze the case of Zaheeruddin v. State—a controversial decision by the Supreme Court of Pakistan that upheld the constitutionality of Pakistan’s antiblasphemy ordinances. The Supreme Court of Pakistan poorly …

In The Wake Of Coast Federal: The Plain Meaning Rule And The Anglo American Rhetorical Ethic, Kemit A. Mawakana

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Salazar V. Buono: A Missed Opportunity To Clarify The Reasonable Observer Test, Sumahn Das

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Is It Just The Horns Of A Dilemma?, Craig Mousin

Mission and Ministry Publications

No abstract provided.

Disability Rights, Welfare Law, Mark Weber

College of Law Faculty

This article asks how disability rights ideas can be reconciled with—and might transform—the law of public assistance. The social model of disability forms the basis of most disability rights thinking. This model recognizes that impairments do not by themselves disable, but disability instead arises from a dynamic between a person’s physical and mental conditions and society’s environmental and attitudinal barriers: Paraplegia does not cause disability but for stairs, curbs, and human attitudes that limit accessibility. The social model focuses on changing the environment; its close corollary, the civil rights approach to disability, looks to anti-discrimination law to remove limits on …

Book Review Of: Growing A Constitution, Reviewing A Republic Of Statutes By William Eskridge And John Ferejohn, Leslie Gielow Jacobs

McGeorge School of Law Other Faculty Works

Book review: A republic of statutes: The New American Constitution. William N. Eskridge, Jr. and John Ferejohn. New Haven: Yale University Press. 2010. Pp. viii + 582. Reviewed by Leslie Gielow Jacobs.

Fur Trade 07: Native Peoples And The Fur Trade, Rachel B. Juen, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 7. Shifting Political Alliances and Power, Transformations of Culture, and Religion and Worldview.

Conflicts Over Conflicts: Challenges In Redrafting The Aba Standards For Criminal Justice On Conflicts Of Interest, Laurie L. Levenson

UC Law Constitutional Quarterly

Currently, an ABA Task Force faces the considerable challenge of redrafting the ABA Standards for Criminal Justice. Prosecutors and defense counsel need clear guidance on how to handle conflicts of interest rules. However, the initial challenge is in identifying those questions a code of ethics should answer when it comes to conflict situations. With the help of prominent lawyers, academics and judges who participated in a series of roundtables on the new ABA standards, this article identifies forty of the key questions to ask about conflicts of interests. These questions allow real progress to be made toward creating a code …

Witness Preparation: Regulating The Profession's Dirty Little Secret, Roberta K. Flowers

UC Law Constitutional Quarterly

Although all attorneys understand that coaching a witness to testify falsely is unethical, additional ethical restraints surrounding witness preparation in criminal cases are not clearly defined by case law, rules of professional conduct or even the newly drafted Criminal Justice Standards for Prosecutors and Defense Attorneys. Many have suggested that the line between proper witness preparation and improper witness coaching is not clear. This article explores some of the gray areas of the practice of witness preparation and why criminal attorneys from both sides of the aisle need guidance on permissible and impermissible conduct in this routine practice of criminal …

Prosecuting Terrorism: The Material Support Statute And Muslim Charities, Michael G. Freedman

UC Law Constitutional Quarterly

The federal law prohibiting the provision of material support to terrorist organizations has been no stranger to controversy. From its politically charged origins through its repeated amendment after September 11, 2001, it has remained an important, but often critiqued, weapon in the government's legal response to terrorism. The most prominent legal challenge to the law lasted over a decade. It culminated in June 2010, when the United States Supreme Court upheld the constitutionality of the law in Holder v. Humanitarian Law Project. The Court's opinion, however, correctly recognized that important questions remain unresolved.

One such question, which this Note addresses, …

Reconciling Parliamentary Sovereignty And Judicial Review: On The Theoretical And Historical Origins Of The Israeli Legislative Override Power, Rivka Weill

UC Law Constitutional Quarterly

It is often asserted that a formal constitution does not necessitate judicial review over primary legislation. Rather, a country may conceive of other mechanisms to protect the constitution from intrusion by the regular political bodies. The question arises whether the reverse holds true. Can we envision a country that exercises judicial review over primary legislation yet lacks a formal constitution? Surprisingly, Israel's constitutional system, prior to the famous 1995 United Mizrahi Bank decision, offers an affirmative answer to this question.

This article focuses on Israel's constitutional experience during its founding period. It further explains the unique revolutionary role performed by …

Recent Developments: Evans V. State: Section 142 Of The Maryland Public Safety Article Of The Maryland Code Did Not Contain A Penalty Provision Nor A Related Penalty; Therefore, The Act Of Obliterating, Removing, Or Altering A Manufacturer's Identification Mark Or Serial Number On A Firearm Was Not A Crime, James Robinson

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Norman V. Borison: Absolute Privilege Applied To Pleadings Distributed To The Press And Republished Online, And To Alleged Defamatory Statements Made By Attorneys Of Record During The Course Of, And Relevant To, Judicial Proceedings In A Proposed Class Action Suit, A. Lauren Cramer

University of Baltimore Law Forum

No abstract provided.

Enduring Equity In The Close Corporation, Lyman P.Q. Johnson

Scholarly Articles

This Article develops the theme of change/sameness in corporate law. Written to commemorate the thirty-fifth anniversary of Wilkes v. Springside Nursing Home, Inc., the Article argues that the equitable fiduciary duties so central to Wilkes endure today in the close corporation precisely because equity, by its nature, is so exquisitely adaptive – under constantly changing circumstances − to the ongoing pursuit of a just ordering within the corporation. Unlike fixed legal rules – which are categorical, static, and do not take sufficient account of changes wrought by time or human arationality – equity is malleable and timely as it reckons …

Two Models Of Corporate Social Responsibility, David K. Millon

Scholarly Articles

The article discusses the two perspectives of corporate social responsibility (CSR). It states that the constituency model of CSR focus on the constituent elements of the company including shareholders, senior management, and employees. It mentions that the sustainability approach to CSR focus on the external relationships as well as the long-run sustainability of the company.

Delaware's Non-Waivable Duties, Lyman P. Q. Johnson

Scholarly Articles

This Article disputes the view - seemingly settled among scholars, judges, and lawyers - that recently - enacted statutes in Delaware legally permit fiduciary duties to be waived in noncorporate business associations. The argument is a rarity in business law because it is a constitutional argument, not one initially based on policy considerations or statutory interpretation, and it seeks to harmonize judicial review of fiduciary duties in noncorporate businesses with that in Delaware corporations, where waivers are not permitted. Delaware’s Constitution vests the Delaware Court of Chancery with general equity jurisdiction and powers of a kind that cannot be curtailed …

The Law And Aeconomics Of Mutual Fund Investment-Adviser Fiduciaries: Jones V. Harris Associates L.P., George Steven Swan

Nova Law Review

No abstract provided.

A Plea For Legislative Reform: The Adoption Of Daubert To Ensure The Reliability Of Expert Evidence In Florida Courts, Kenneth W. Waterway, Robert C. Weill

Nova Law Review

No abstract provided.

Quirky Constitutional Provisions Matter: The Tonnage Clause, Polar Tankers, And State Taxation Of Commerce, Erik M. Jensen

Faculty Publications

In Polar Tankers, Inc. v. City of Valdez, the Supreme Court in 29 struck down a City of Valdez levy that was in form a personal-property tax, but that primarily reached oil tankers using Valdez’s ports, on the ground that the levy violated the Tonnage Clause of the Constitution (“No State, shall, without the consent of Congress, lay any Duty of Tonnage”). The Tonnage Clause, part of the constitutional structure intended to ensure federal primacy in regulating commerce, was once a staple of litigation, but Polar Tankers was the first Supreme Court case decided under the Clause since 1935. Polar …

Shifting The Paradigm By Bringing Tax Arbitrage To The Lower Income Separated Family: Why Should The Middle To Upper Class Family Have All The Fun?, Reginald Mombrun

Akron Tax Journal

The background for this article is, of course, the duty of parents to provide sustenance for their children, a duty that necessarily survives the break-up of the family. In this article, I continue to address the problems of the child support system, and I continue to take a holistic view of the problem. A fundamental concept of family law is that the system must do what is in the best interests of the child. Few people will disagree with the soundness of this fundamental concept. However, the problem lies with its application. Although counterintuitive, focusing solely on the child to …

Table Of Contents, Journal On Telecommunications & High Technology Law

Colorado Technology Law Journal

No abstract provided.