Law Commons^™

Teaching Contracts From A Transactional Perspective, Michael Hunter Schwartz

Law Faculty Scholarship

No abstract provided.

Contracts Meet Henry Ford, Barak Richman

Hofstra Law Review

Legal scholars and legal educators view contracts as a welfare-maximizing (or optimal risk-allocating) device for two or more parties. Because we cling to this principal-driven paradigm, we think of lawyers only as the proverbial “transaction cost engineers,” the loyal agents of parties to a transaction. And whenever we observe contracts that appear to be suboptimal, we blame agency costs.

We instead should apply the literature on organizational economics to understand the production of contracts by the modern law firm. This literature better illustrates how law firms organize, why they produce the products they do, and why those products sometimes exhibit …

Retain The Brains: Using A Conditional Residence Requirement To Keep The Best And Brightest Foreign Students In The United States, Katherine L. Porter

Hofstra Law Review

No abstract provided.

When One Board Reverses Another: A Chief Counsel's Perspective, Harold J. Datz

Labor & Employment Law Forum

No abstract provided.

Can Card-Check Be Unilaterally Imposed By The Nlrb?, Halima Woodhead

Labor & Employment Law Forum

No abstract provided.

Volume 1, Number 1

Labor & Employment Law Forum

No abstract provided.

International Civil Religion: Respecting Religious Diversity While Promoting International Cooperation, Amos Prosser Davis

UC Law SF International Law Review

International civil religion grounds moral claims that permeate and transcend traditional religious paradigms. Given the inevitability of international interactions - interactions that cross geographic, religious, and cultural boundaries - our global society is in need of a universally endorsable framework that undergirds the United Nations international human rights regime. International civil religion provides that framework.

Numerous scholars and moral theorists have incrementally discerned the parameters of civil religion including, inter alia, Jean-Jacques Rousseau, Alexis de Tocqueville, Robert Bellah, Martin Marty, and Harold Berman. The tenets of international civil religion infuse the diplomatically drafted United Nations covenants and conventions on human …

Prosecuting Heads Of State: Evolving Questions Of Venue - Where, How, And Why?, Masaya Uchino

UC Law SF International Law Review

This note surveys the different venues in which heads of state can be prosecuted. Heads of states have been tried in domestic courts, international criminal tribunals, and special "hybrid" courts. Each of these venues has a distinct set of procedures that provides different boundaries and rules for prosecutors and courts that are charging or trying a case. This note highlights how these differences can significantly impact the outcome of prosecutors' attempts to hold a head of state accountable for his crimes. To illustrate this, this note examines three very different examples of head of state prosecutions: Alberto Fujimori in Peru, …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 23, Issue 1, Fall 2010.

Front Matter

St. Thomas Law Review

Front Matter includes the Table of Contents for St. Thomas Law Review Volume 23, Issue 2, Spring 2011.

With Liberty And Justice For All [Families]: The Modern American Same-Sex Family, Lissette Gonzalez

St. Thomas Law Review

Evolutions in societal norms have redefined what it means to be a family in today's society. Due to the widespread shift in those who seek the aid of reproductive technologies, the number of would-be parents has greatly expanded. This great range of parenting possibilities presents novel and complicated issues in terms of legal parentage of children. In an attempt to address these novel issues, the Uniform Parentage Act was adopted in 2000, but has changed little since. Much inconsistency exists among and within the several states in determinations of legal parentage, largely in the area of same-sex couples. Adhering strictly …

Front Matter

St. Thomas Law Review

Front Matter includes Table of Contents for St. Thomas Law Review Volume 23, Issue 3, 2011.

Foreword - The Legacy Of Bush V. Gore In Public Opinion And American Law, Nathaniel Persily

St. Thomas Law Review

Very few Supreme Court decisions achieve a level of salience with the mass public comparable to that achieved by Bush v. Gore on the day it was delivered. Because the 2000 presidential election seemed to turn on the Court's decision, even the large majority of people who never pay attention to the work of the Supreme Court decided to tune in. Given the perceived stakes and the decision's unusually high salience, the fact that Bush v. Gore polarized Americans along racial and partisan lines should have come as no surprise. Where you stood on the decision depended on whether your …

The View From The Administrators, Nathaniel Persily, Murray Greenberg

St. Thomas Law Review

This panel of the symposium was presented on November 13, 2010, at the St. Thomas University School of Law in Miami Gardens, Florida.

The View From Academia, Nathaniel Persily, Nelson Lund, Edward Foley

St. Thomas Law Review

This panel of the symposium was presented on November 13, 2010, at the St. Thomas University School of Law in Miami Gardens, Florida.

Vote-Dilution Analysis In Bush V. Gore, James Bopp Jr., Richard E. Coleson

St. Thomas Law Review

After the November 7, 2000 presidential election, the electoral college vote hinged on whether Governor George W. Bush or Vice President Albert Gore, Jr. had won Florida. Candidates, officials, and voters battled in Florida and federal courts. This article is about the equal protection, vote-dilution constitutional analysis that would ultimately decide the matter.

Hearsay After Crawford: A Practitioner's Guide, Marcia G. Cooke

St. Thomas Law Review

The Sixth Amendment to the U.S. Constitution provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him." Although it may appear simple, concise and direct, the language of the Sixth Amendment has been the subject of much discussion.' The Confrontation Clause has been inevitably comingled with the hearsay rules, and determining when an out-of-court statement violates the rights of criminal defendants has been no easy task. For many years, it was uncontested, as established in Ohio v. Roberts, that to avoid violating a criminal defendant's Sixth Amendment rights, the …

Racial Profiling-Separate And Unequal Keeping The Minorities In Line - The Role Of Law Enforcement In America, April Walker

St. Thomas Law Review

This article will explore the history of modern policing and examine police brutality at the early stages of the implementation of law enforcements in this country. Also, this article will address whether race, gender, sexual orientation, religion, or ethnicity contributes to higher incidents of police brutality and review common misconceptions by the public about police brutality and retaliation against citizens who report police brutality. This article will define the term qualified immunity and highlight its application towards police officials and district attorneys, while also analyzing highly publicized cases and their dispositions. Lastly, this article will address possible solutions to combating …

Fear Itself: The Impact Of Allegations Of Gang Affiliation On Pre-Trial Detention, K. B. Howell

St. Thomas Law Review

This article addresses the impact of alleged gang membership at the initial detention/bail determination for three reasons. First, the right to non-excessive bail is guaranteed by the Eighth Amendment. Second, although the impact of trial testimony about gangs presents a number of issues meriting exploration, the vast majority of criminal cases are either dismissed or resolved by plea. This is particularly so when charges are less serious. When misdemeanors or low-level felonies are charged, the incarceration of the defendant on excessive pre-trial bail will alter negotiation dynamics such that a defendant is likely to plead guilty in order to obtain …

The Dream Act And The Right To Equal Educational Opportunity: An Analysis Of U.S. And International Human Rights Frameworks As They Relate To Education Rights, Ashley Feasley

St. Thomas Law Review

This article argues that by denying undocumented children access to higher education, the U.S. government is violating their obligations under the Universal Declaration of Human Rights ("UDHR") and Universal Covenant on Civil and Political Rights ("UCCPR"), as they relate to discrimination of social groups on the basis of national origin. Furthermore, by denying undocumented students access to higher education which is afforded to their American contemporaries, and is provided by the DREAM Act, these undocumented students are being discriminated against participating and contributing in American society and civic life and are being denied the equality of educational opportunity. The right …

To Secure These Rights: The Supreme Court And Snyder V. Phelps, Ethan Fishman

St. Thomas Law Review

Historically, the United States Supreme Court has taken a morally neutral approach towards issues involving freedom of expression. Instead of evaluating the content or substance of the views being expressed, the Court has relied primarily upon formalistic time, place, and manner considerations to guide its judgment in such cases. The rationale, as well as the advantages and disadvantages of this judicial approach are vividly illustrated in Snyder v. Phelps-the Court's March 2011 ruling that patently hateful protests at military funerals are protected by the First Amendment of the Constitution. Matthew Snyder was a heterosexual twenty-year-old, Marine Corps Lance Corporal who …

Rethinking The Cuban Adjustment Act And The U.S. National Interest, Joyce A. Hughes, Alexander L. Alum

St. Thomas Law Review

This article argues that it is time for the United States to reconsider the continuing relevance of the Cuban Adjustment Act ("CAA") of 1966, and to either modify or repeal it. The CAA allows Cuban migrants to "circumvent the usual methods used to determine refugee status," and grants the "Attorney General discretion to adjust the status of a Cuban citizen admitted or paroled" into that of an "alien lawfully admitted for permanent residence" as long as the Cuban individual has been physically present in the United States for one uninterrupted year. That is, under the terms of the CAA, Cubans …

Front Matter

St. Thomas Law Review

Front Matter includes the Table of Contents for St. Thomas Law Review Volume 24, Issue 1, Fall 2011.

Florida's Adoption Of The Uniform Power Of Attorney Act: Is It Sufficient To Protect Florida's Vulnerable Adults, Rebecca C. Bell

St. Thomas Law Review

This article evaluates the effectiveness of the Florida Power of Attorney Act ("Florida's Act") in providing additional protections for Florida residents executing a power of attorney, while maintaining the principal's autonomy. Part II provides the development and purposes of the UPOAA, which appealed to the drafters of the Florida Act. Part III details the benefits and limitations of the UPOAA and the Florida Act's modifications as related to the agent's duties, authorities, and liabilities. Florida's modifications of the UPOAA, however, require improvement to further protect the principal. Finally, Part IV examines the weaknesses that remain in the durable power of …

The Emperor's New Scanner: Muslim Women At The Intersection Of The First Amendment And Full-Body Scanners, Rohen Peterson

UC Law SF Journal on Gender and Justice

This Note focuses on the intersection of religious freedom and the need for public safety at airport security checkpoints. The main text of Islam, the Qur'an, instructs women to express their faith through modesty. This religiously prescribed practice gives rise to an important privacy interest for Muslim women, protected by the First Amendment's Free Exercise Clause. Faced with a growing public concern about airport security, the Transportation Security Administration has chosen to expand the use fullbody scanners at airport security checkpoints. The state has established a strong interest in the use of such devices in order to maintain public safety. …

Unprofessional Sides Of Social Media And Social Networking: How Current Standards Fall Short, Christina Parajon Skinner

South Carolina Law Review

No abstract provided.

The Power Of Definition: Brazil's Contribution To Universal Concepts Of Indigeneity, Jan Hoffman French

Indiana Journal of Global Legal Studies

This article builds on discussions about the potential benefits and difficulties with developing a universal definition of indigenous peoples. It explores the spaces made available for theorizing indigeneity by the lack of a definition in the United Nations Declaration on the Rights of Indigenous Peoples, adopted in 2007. Specifically, this article addresses the challenge presented by the diversity of groups claiming indigenous status in Brazil. To what extent do distinct cosmologies and languages that mark Amazonian Indians as unquestionably indigenous affect newly recognized tribes in the rest of Brazil who share none of the indicia of authenticity? This article theorizes …

The Politics Of Reorganizing Connecticut State Government: Altering Administrative Structures In The Land Of Steady Habits, Lesley A. Denardis

Political Science & Global Affairs Faculty Publications

Despite numerous attempts to reorganize state government aimed at streamlining, reducing, and creating greater efficiencies, the size and scope of Connecticut’s administrative apparatus has grown considerably over a fifty year period. This study will trace the political history of previous reorganization efforts with a particular emphasis on more recent attempts such as the Gengras (1970), Filer (1976), Thomas (1991), and Hull and Harper Commissions (1992). Observed trends follow national patterns: 1) reorganization commissions are cyclical in nature more likely to be undertaken in the wake of similar efforts at the federal level and 2) they are more likely to be …

Letter From The Editor-In-Chief, Averell Sutton

American University Business Law Review

No abstract provided.

Living Wills And Pre-Commitment, Adam Feibelman

American University Business Law Review

No abstract provided.