Law Commons^™

What Role For “Women,” “Men,” And Transpeople/Intersex People In Gender Equality: A Commentary, Edward D. Stein

Articles

This has been a very rich opening panel to what promises to be a terrific conference. The panelists' comments go in such varied directions that it is a challenge to be both a commentator and summarizer, especially when I have just a few minutes to speak. What I plan to do is say a little bit to draw together some of the themes that the panelists have been talking about that are connected to a couple of topics I have been working on while at the same time trying to look forward to some of the things I hope we …

Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah, Richard H. Weisberg

Articles

The article critiques Professor Sanford Levinson's defense of compromise in constitutionalism, arguing that while compromise is ubiquitous, it is not inherently just or morally sound. The author, Richard Weisberg, contends that Levinson's flexible hermeneutic approach risks degrading textual integrity and ethical standards, particularly when compromise is elevated to a norm. Weisberg advocates for maintaining the integrity of sacred and legal texts, emphasizing the dangers of interpretive flexibility, especially in emergencies, and draws parallels to historical examples like Vichy France's complicity in Nazi policies.

Specters Of Law: Why The History Of The Legal Spectacle Has Not Been Written, Peter Goodrich

Articles

The article examines the intersection of law, theology, and visual/performance elements, arguing that legal discourse often overlooks the significance of typography, imagery, and theatricality. It highlights how legal texts use formatting techniques like bold and italics to convey meaning and draws parallels with theological concepts, such as the duality of power and the role of images in governance. The analysis critiques the legal tradition for neglecting these performative aspects and emphasizes the need to recognize law as a theater that denies its own theatricality.

Chair's Foreword, Michael Herz

Articles

No abstract provided.

Betting On Tort Suits After The Event: From Champerty To Insurance, Anthony J. Sebok

Articles

The article challenges the notion that champerty, a form of third-party litigation funding, is a form of gambling. It argues that champerty serves a functional purpose similar to insurance by transferring risk, thereby providing a legitimate form of "after the event" insurance for plaintiffs. The author, Anthony Sebok, contends that while champerty involves contingent outcomes, it should be recognized for its role in risk management rather than being dismissed as speculative gambling.

Guardianship For Persons With Mental Illness - A Legal And Appropriate Alternative?, Leslie Salzman

Articles

The article critiques the U.S. guardianship system for individuals with psychosocial disabilities, arguing that it often unnecessarily restricts their autonomy by removing their legal right to make decisions. It advocates for supported decision-making models as a less restrictive alternative, aligning with the Americans with Disabilities Act (ADA) and the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The analysis emphasizes the importance of maximizing integration and participation in social, economic, and civic life, while highlighting the need for safeguards to ensure effective support without undue bureaucratic complexity.

Restricted Access To Justice For Canadians Mistreated Abroad: Abdelrazik V. Canada (Re: Interim Costs), Sean Rehaag

All Papers

Abousfian Abdelrazik is a Canadian citizen who, after having his name added to various anti-terrorism lists, and after being tortured by Sudanese officials, found himself unable to return home from Sudan largely because of Canadian government actions. Abdelrazik sought to challenge the constitutionality of these restrictions on his ability to return to Canada. However, he had no money and no means of support, as he was unable to leave a Canadian embassy in Sudan where he had sought refuge to avoid further torture by Sudanese officials. He therefore brought a motion for interim costs in Canada’s Federal Court. If granted, …

Minnesota Negligence Law And The Restatement (Third) Of Torts: Liability For Physical And Emotional Harms, Michael K. Steenson

Faculty Scholarship

The purpose of this article is to provide a foundation for judges and lawyers, primarily in Minnesota, who are seeking to understand how the Third Restatement’s approach to negligence law fits with Minnesota negligence law. The first Part of the article examines the approach of the Third Restatement. Because decisions in other states applying the Third Restatement will be important for courts in Minnesota and elsewhere in deciding whether to apply the Third Restatement, the second Part examines early reports on the Third Restatement in Iowa, Nebraska, Arizona, Wisconsin, Tennessee, and Delaware.

Constituting Politics And The Political Constitution, Leslie Friedman Goldstein

Tulsa Law Review

No abstract provided.

The Rule Of Law Through Its Economies Of Appearances: The Making Of The African Warlord, Kamari Maxine Clarke

Indiana Journal of Global Legal Studies

The global reach of international law is now becoming relevant to the micromanagement of daily life. In postcolonial African states, everyday actions and their meanings are being opened up by the expansion of national jurisdiction into international jurisdiction. In relation to these changing technologies of managing shifting regimes of power, this article explores the ways that the spectacle of the rule of law is linked to the spectacle of capitalism. By examining the workings of victim and witness testimonies in the Special Court of Sierra Leone, I examine the ways that spectacles of law and articulations of suffering displace the …

Human Rights -- Latin America, Indigenous Peoples -- Latin America, Neoliberalism -- Latin America, Ethnicity.Gov: Global Governance, Indigenous Peoples, And The Right To Prior Consultation In Social Minefields, César Rodríguez-Garavito

Indiana Journal of Global Legal Studies

This article explores law's protagonism and effects in contemporary conflicts over development, natural resource extraction, and indigenous peoples' rights. It focuses on the sociolegal site where these conflicts have been most visible and acute: consultations with indigenous peoples prior to the undertaking of economic projects that affect them. I argue that legal disputes over prior consultation are part of a broader process of juridification of ethnic claims, which I call "ethnicity.gov." I examine the plurality of public and private regulations involved in this process and trace their affinity with the procedural logic of neoliberal global governance. I further argue that …

Statedata: The National Report On Employment Services And Outcomes, John Butterworth, Allison Cohen Hall, Frank Smith, Alberto Migliore, Jean Winsor, Jaimie Ciulla Timmons, Daria Domin

All Institute for Community Inclusion Publications

Policy shifts over the past 20 years have created an agenda for sustained commitment to integrated employment for individuals with disabilities. But despite these clear intentions, unemployment of individuals with disabilities continues to be a major public policy issue. Labor force statistics for December 2010 indicate that 28 percent of working-age adults with disabilities are employed, compared with 70 percent of people without disabilities. Labor force data also indicate that workers with disabilities have experienced significantly higher levels of job loss and hardship during the recession of the late 2000s. For people with intellectual and developmental disabilities (IDD), the disparity …

Data Note: State Intellectual And Developmental Disability Agencies' Service Trends, Jean E. Winsor, Frank A. Smith

Data Note Series, Institute for Community Inclusion

Since Fiscal Year 1988, the Institute for Community Inclusion has administered the National Survey of Day and Employment Programs for People with Developmental Disabilities to state Intellectual and Developmental Disability (IDD) Agencies. The work is funded by the Administration on Developmental Disabilities and is designed to describe the nature of day and employment services for individuals with intellectual and developmental disabilities.

Trade And Investment In The Philippines, Hazel C. Parcon-Santos

Angelo King Institute for Economic and Business Studies (AKI)

Developing countries such as the Philippines relies heavily on trade and foreign direct investment (FDI), consequently leading to economic integration, which in its entireity, determines the country’s economic condition. As such, we believe that there is a need to further study the impact of these external variables on the competitiveness and efficiency of the Philippine economy.

Salt Equalizer, Vol. 2011, Issue 1, 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.

Ruben Garcia, 2011 San Francisco Dinner Is a Great Success; D.C. Is Next in 2012, at 5.

Ngai Pindell, SALT’s Teaching Conference a Tremendous Success, at 6.

Hazel Weiser, Have You Bought Your Copy of Vulnerable Populations and Transformative Law Teaching: A Critical Reader?, at 7.

Hazel Weiser, Breaking In: How to Get a Job in the Legal Academy, at 7.

Holly Maguigan, Leaders Sought to Serve on SALT’s Board of Governors, at 8.

Olympia Duhart, Membership Matters, …

Fate Of The Detroit Public Schools: Governance, Finance And Competition, Peter J. Hammer

Law Faculty Research Publications

No abstract provided.

Pushing The Limits Of Global Governance: Trading Rights, Censorship And Wto Jurisprudence - A Commentary On The China-Publications Case, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.

Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance, And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

A Survey Of Electronic Research Alternatives To Lexisnexis And Westlaw In Law Firms, Laura K. Justiss

Law Library Staff & Faculty Works

The author conducted a survey of law firm librarians in 2010 that identified electronic research database alternatives to LexisNexis and Westlaw and ranked them by subscription frequency. The survey also generated information regarding suggested or mandated legal research policies in law firms for the use of alternatives to LexisNexis and Westlaw and examined their applicability to billable and nonbillable research.

About Face: Using Moral Rights To Increase Copyright Enforcement In China, Heidi Hansen Kalscheur

UC Law Constitutional Quarterly

While copyright protections are provided by nations around the world, the application and enforcement of copyright protections are not always consistent. Even between nations that have copyright treaties, conflicts have not always been avoided. With some nations, the United States has worked to increase copyright protections by lobbying for the adoption of a Western-style copyright law because United States economic policy seeks robust protections for international and domestic intellectual property.

A more effective way to achieve consistent application and enforcement of copyright protections specifically in China may be possible by encouraging a practice widely practiced by civil law nations: basing …

The California Resale Royalty Act: Droit De [Not So] Suite, Emily Eschenbach Barker

UC Law Constitutional Quarterly

It is a generally accepted principal that an artist owns certain rights to exploit the economic value of his works. In the United States an artist's rights are protected by various provisions of the federal copyright laws. These pecuniary rights exist largely in the same form across the globe, however, some countries, and now the state of California, have begun to recognize personal rights of artists in their work. These moral rights, or droit moral, are retained by the artist even after a work is sold. The particular moral right that my manuscript is concerned with is the droit de …

Examining Copyright Exemptions For Web Mashups In The International Context: Applying American Constitutional Considerations As Guideposts For The Trips Three-Step Test, James De Los Reyes

UC Law Constitutional Quarterly

The proliferation of web mashup websites, which combine information from various online sources into new integrated works, has spurred the emergence of a mashup industry and a culture that uses the medium as a new avenue for expression and communication. By remixing content and presenting information in new ways, web mashups can benefit their creators, consumers, and even the public at large. However, concerns regarding possible copyright infringement have also become more prominent as web mashup creators incorporate greater amounts of online data and content-which may belong to other copyright holders-into their composite works with increasing ease. To determine whether …

Rectifying Wrongful Convictions: May A Lawyer Reveal Her Client's Confidences To Rectify The Wrongful Conviction Of Another, James E. Moliterno

UC Law Constitutional Quarterly

Awareness is increasing that the U.S. criminal justice system produces convictions of the innocent. Currently, except in two states (Alaska and Massachusetts), lawyer confidentiality law prevents a lawyer from revealing client information to rectify the wrongful conviction of an innocent. An interpretation of the standard future harms exception, especially with the Restatement illustration gloss, may yield permission to reveal the client's information and rectify the wrongful conviction. But that result is far from certain and is weighted down with significant factor-weighing to determine if the wrongly convicted is suffering "substantial bodily harm." Despite a broader view that would dictate revelation …

No Match For The Police: An Analysis Of Miranda's Problematic Application To Juvenile Defendants, Zoe Overbeck

UC Law Constitutional Quarterly

In Fare v. Michael C. and Yarborough v. Alvarado, the Supreme Court affirmed the use of adult standards in determining whether a juvenile is under custodial interrogation and whether the juvenile has "knowingly and intelligently" waived her Miranda rights. Due to differences in juvenile cognition, young people's limited comprehension of the words and substance of the Miranda rights, and their vulnerability to police interrogation techniques, I argue in this note that states should go beyond the baseline established by the Supreme Court, as some have already, to offer juvenile suspects increased protection during a custodial interrogation. This note examines the …

Florida V. Hhs - Amicus Brief Of Chamber Of Commerce, United States Chamber Of Commerce

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Amicus Brief Of Independence Institute Et Al., Indepedence Institute

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Order Granting Stay And Motion To Clarify, United States Court Of Appeals For The Eleventh Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Amicus Brief Of American Hospital Association Et Al., American Hospital Association

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Coons V. Geithner - Scheduling Order, United States District Court For The District Of Arizona

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Coons V. Geithner - U.S. Motion To Stay Plaintiffs' Motion For Summary Judgement, United States Department Of Health And Human Services

Patient Protection and Affordable Care Act Litigation

No abstract provided.