Law Commons^™

A Home In The City: Women's Struggle To Secure Adequate Housing In Urban Tanzania, Katherine Hughes, Elisabeth Wickeri

Fordham International Law Journal

This Report presents the findings of this research effort. Part I sets out the history of Tanzania's informal settlements, including an overview of the evolution that led to the current housing crisis. Part I then reviews Tanzania's obligations under international and domestic law regarding the right to adequate housing and intersecting issues.Part II documents women's struggle to obtain adequate housing in urban Tanzania. This Part first identifies the multiple barriers women face in securing and retaining housing in Tanzanian cities, including discriminatory laws and practices, deeply entrenched patriarchal attitudes, and HIV/AIDS stigma and discrimination. Part II then explores how the …

The International Legal Right To Individual Compensation In Nepal And The Transitional Justice Context, Matthew F. Putori

Fordham International Law Journal

Part I of this Note provides a brief political history of Nepal since the mid-eighteenth century; defines the concept of transitional justice; and explores the international law of remedy, reparations, and compensation. Part II focuses on the right to individual compensation in order to determine which human rights violations trigger a state's legal obligation to compensate victims, and then applies that right to the transitional justice context. Finally, Part III proposes the design of an individual compensation program in which Nepal, and other transitional states, can fulfill legal obligations while simultaneously working toward peace, democracy, and development.

Reconceptualizing Present-Value Analysis In Consumer Bankruptcy, Rafael I. Pardo

Washington and Lee Law Review

During the three decades following the enactment of the Bankruptcy Code, courts and commentators have been vexed by the problem of determining the present value of future payments to creditors proposed in a debtor’s repayment plan. The issue central to this problem has been the discount rate to be applied when conducting present-value analysis. While the Code unmistakably requires the discounting of future payments as part of the process for confirming a repayment plan, the Code does not explicitly specify the rate itself or the manner in which the rate should be calculated. No uniform rule of decision has emerged …

Keeping Hope Alive, David K. Millon

Washington and Lee Law Review

No abstract provided.

Finding Sigtarp In The Separation Of Powers Labyrinth, Jonathan R. Siegel

Washington and Lee Law Review

No abstract provided.

Arthur D. Austin, Erik M. Jensen

Faculty Publications

“Arthur D. Austin,” 62 Case Western Reserve Law Review 3 (211), “Henry King,” 6 Case Western Reserve Law Review 63 (21), “Professor Morris Shanker,” 61 Case Western Reserve Law Review 13 (21). These are tributes to three professors who had an enormous impact on the Case Western Reserve University School of Law and on the larger society: Arthur Austin, distinguished antitrust scholar, observer of the legal-academic scene, and Faulkner fanatic; Henry King, who combined expertise in business law with a passion for international law and human rights (honed during his time as a Nuremberg prosecutor); and Morry Shanker, a preeminent …

A Tax Or Not A Tax: That Is The Question, Erik M. Jensen

Faculty Publications

This piece is part of the author’s probably misguided effort to take seriously the Sixteenth Amendment phrase “taxes on incomes.” The piece (in form a letter to the editor, but complete with footnotes!) responds to a reader who had noted that, because of a cap, the basic Social Security “tax” does not reach higher levels of income. Because the author had earlier argued that a tax “on” incomes should result in higher tax liability for higher-income persons, it might seem that the Social Security levy is unconstitutional (or the author just wrong). This piece makes several points: (1) The Social …

Prepositions In The Constitution, Erik M. Jensen

Faculty Publications

To defend the proposition that prepositions matter, this article examines the "of" in the phrase "duties of tonnage" and the "on" in "taxes on incomes."

Law School Clinics And The First Amendment, Jonathan L. Entin

Faculty Publications

No abstract provided.

The More Things Change – Much Talk Of Reform, But Are Real Results Likely?, Erik M. Jensen

Faculty Publications

This article expresses skepticism that some of the proposals of the National Commission on Fiscal Responsibility and Reform (the so-called “debt commission”) are likely to go far as part of any tax reform associated with deficit reduction, and it describes one recent judicial decision that at least temporarily calls into question the codification of the economic substance doctrine.

Perry V. Schwarzenegger: Is Traditional Marriage Unconstitutional?, George W. Dent

Faculty Publications

This is a brief defense of the constitutionality of California's Proposition 8, which limits marriage for purposes of California law to a relationship between one man and one woman.

Examining The "Stick" Of Accreditation For Medical Schools Through Reproductive Justice Lens: A Transformative Remedy For Teaching The Tuskegee Syphilis Study, Deleso Alford Washington

Journal Publications

The Tuskegee Syphilis Study, like the traditional recounting of the event, failed to acknowledge the direct impact of untreated syphilis in women. Arguably, the most infamous biomedical research study ever performed by the United States government is the Tuskegee Syphilis Study, which occurred between 1932 and 1972 in Macon County, Alabama. The stated purpose of the Tuskegee Syphilis Study was to determine the effects of untreated syphilis on Black men in Macon County, Alabama. Accordingly, historical and legal accounts have primarily told the stories of the male participants of the Study.

However, an overlooked yet important question looms: What about …

A Tale Of Two Carbon Sinks: Can Forest Carbon Management Serve As A Framework To Implement Ocean Iron Fertilization As A Climate Change Treaty Compliance Mechanism?, Randall S. Abate

Journal Publications

Any post-Kyoto climate change treaty regime must seek to fully engage the use of carbon sinks to complement emissions reduction measures in order to comply with the treaty's mandates. The Kyoto Protocol did not include avoided deforestation as a mechanism for earning emission reduction credits. However, reducing emissions from deforestation and degradation (REDD) quickly gained popularity as a viable climate change compliance strategy in the period immediately preceding the negotiations at the Fifteenth Conference of the Parties (COP 15) in Copenhagen in 2009. The Copenhagen Accord is replete with references to REDD as a focus for the international community's progression …

Repair Versus Rejuvenation: The Condition Of Vaginas As A Proxy For The Societal Status Of Women, Patricia A. Broussard

Journal Publications

No abstract provided.

Everday Research, Mary Whisner

Librarians' Articles

Law students and lawyers, like the rest of us, need to find information for their everyday lives. Ms. Whisner outlines ways that law students can use research to help them find jobs or decide what type of legal career they want to pursue.

Relevance, Choices, And The Goldilocks Problem, Mary Whisner

Librarians' Articles

Ms. Whisner ponders a core question in answering reference queries: How can we know whether what we find is relevant to what the questioner wants? Her article provides criteria to consider and some guidelines for choosing sources in response to a query.

Aboriginal Title In The Canadian Legal System: The Story Of Delgamuukw V. British Columbia, Robert T. Anderson

Chapters in Books

Canada is grappling with legal issues surrounding indigenous property rights on a scale not seen in the United States since the mid-nineteenth century. Fundamental questions of fairness and justice related to indigenous peoples’ property rights are in flux in the province of British Columbia–an area the size of the states of California, Oregon, and Washington combined. The recognition of aboriginal rights in the Canadian Constitution in 1982 and recent judicial developments made it clear to the provincial government that nearly the entire province may be subject to aboriginal title claims. Consequently, the aboriginal nations and B.C. government have embarked on …

Citizens United V. Fec: Departure From Precedent Opens The Gate To "Phantom" Political Speakers, Esther Houseman

Maryland Law Review Online

No abstract provided.

First, Do No Harm: Response To “If You Prick Me”, Patricia A. Broussard

Journal Publications

Brianna Lennon makes several cogent and persuasive arguments about Female Genital Mutilation (“FGM”) in her recently published Student Note entitled, If You Prick Me: The American Academy of Pediatrics’ Female Genital Cutting Policy Turnabout. She successfully articulates why she believes that by prohibiting FGM, opponents are in effect reinforcing it as a tie to the former culture or country. However, although Ms. Lennon makes some sound points, she overlooks and thereby, fails to answer the most obvious question which is, who owns a woman’s body? If one reaches the conclusion that a woman owns her body, then the logical extension …

The Coal Miners Have Taken Care Of Us: Let's Now Take Care Of The Coal Miners, Priscilla Norwood Harris

Journal Publications

For over a hundred years, coal has helped power America's economy.' In short, without coal mining no industrial revolution would have occurred. "Coal fueled the new industrial capitalism."' Moreover, from the very beginnings of industrialization in the United States, "Appalachian coal and other fossil fuels have fired the engine of American industry,"' and it was Appalachian coking coal that helped make the steel America needed.' Coal transformed the United States into "an industrial superpower from a virtual wilderness."" This massive use of coal has come at a price to the miners." The death and injury rate from mining is matched …

Apprendi Land Becomes Bizarro World: Policy Nullification And Other Surreal Doctrines In The New Constitutional Law Of Sentencing, Benjamin Priester

Journal Publications

Imagine a final exam essay answer in constitutional law premised upon the following doctrinal principles: (i) identical findings of fact that produce identical effects on the outcome of a decision should sometimes be constitutional and should sometimes be unconstitutional based on formalistic doctrinal lines unrelated to the substantive merits of the issue being decided; (ii) decision-makers should preferably give vague explanations grounded in moral philosophy rather than specific explanations connected to particular findings; (iii) appellate review of trial court decision-making is unconstitutional; and (iv) courts are entitled to substitute their own policy preferences for those enacted by the legislature on …

Beware Of Wooden Nickels: The Paradox Of Florida's Legislative Overreaction In The Wake Of Kelo, Ann Marie Cavazos

Journal Publications

This article addresses Florida's reaction to the United States Supreme Court decision in Kelo v. City of New London. In Kelo, the Court provided a more expansive view of "the public use" of the Fifth Amendment Takings Clause to include taking property from one private owner and transferring it to a corporation or non-private citizen when the transfer is deemed by the lawmakers to be in the public good or for a public purpose. Florida, together with several other states, concluded that such eminent domain takings, while constitutionally permissible, offend the states' sense of fair play as it relates to …

Benevolent Assistance Or Bureaucratic Burden?: Promoting Effective Haitian Reconstruction, Self-Governance, And Human Rights Under The Right To Development, Jeffery M. Brown

Journal Publications

This Article examines the capacity of regional organizations to coordinate foreign assistance and development programs in underdeveloped states, and in doing so, to promote the transformation of the Right to Development (RTD) - which stresses the right of nations and their people to progress in a manner that insures their ability to meet basic material, security and social needs -from conceptual template to a binding normative framework under international law. As the poorest state in the western hemisphere, but also the recipient of significant influxes of foreign aid, Haiti exemplifies the underdevelopment dilemma. For despite the large sums of aid …

A Hypothetical Postulate For The Polemic Of Extraordinary Rendition Vis-A-Vis The Paradigm Of Asymmetric Warfare, John C. Duncan, Jr.

Journal Publications

This article presents a controversial hypothetical approach to a side of the polemic regarding extraordinary rendition. War is not always controlled by rules, fairness, or ethics. The United States would prefer the foregoing if forced to go to war, but the enemy may not follow the same approach. As a result, the United States becomes hampered by unilaterally self-imposed rules and standards. Conceivably, we could fail to achieve our military objective because of the enemy's adherence to a very different approach and beliefs regarding warfare. Were we to have the privilege of fighting under relatively similar rules with the other …

A Conversation With President Obama: A Dialogue About Poverty, Race, And Class In Black America, Joseph Karl Grant

Journal Publications

The date is November 13, 2012.1 Just mere days ago, I received the invitation of a lifetime. Last night, I arrived in Washington, D.C. I am staying in the Hay-Adams Hotel on the third floor. I still cannot believe the extent of my life's journey. I have just been summoned to the White House by second term President-elect Barack Obama, who defeated Mitt Romney, the Republican nominee for President on November 6, 2012. The 2012 Presidential Election was a hard-fought battle between Barack Obama on the Democratic side, and Mitt Romney on Republican side. The election was a like the …

What Can We Learn From The 2010 Bp Oil Spill?: Five Important Corporate Law And Life Lessons, Joseph Karl Grant

Journal Publications

No abstract provided.

Reaction To: Wealth, Poverty, And The Equal Protection Clause, Patricia A. Broussard

Journal Publications

No abstract provided.

Defamation Or Discourse ?: Rethinking The Public Figure Doctrine On The Internet, Katherine D. Gotelaere

Journal of Law, Technology, & the Internet

No abstract provided.

Turner V. Staker And Parson Companies : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Utah V. David Q. Poulsen : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from an order of restitution from convictions for participating in a pyramid scheme, class B misdemeanors, in the Fourth Judicial District Court of Utah, Utah County, the Honorable Steven L. Hansen presiding.