Law Commons^™

Continuing Classroom Conversation Beyond The Four Whys, Jeffrey W. Stempel, Bailey Kuklin

Scholarly Works

LAW school classes regularly prove Santayana's aphorism. Although nearly every law teacher desires to keep discussion focused and forward-moving, there are more than a few moments of thundering silence experienced in the classroom. Most of us adjust to this inevitability by positing some pedagogical virtue to still air and contenting ourselves with the knowledge that conversation-stopping “whys?” are usually delivered by us as teachers rather than the students. Perhaps we are underappreciative of the value discomfitting silence has, but we generally prefer that the conversation continue, that we miss the opportunity to feel simultaneously smug and uncomfortable, and that students …

A More Complete Look At Complexity, Jeffrey W. Stempel

Scholarly Works

The ability of courts to successfully resolve complex cases has been a matter of contentious debate, not only for the last quarter-century, but for most of the twentieth century. This debate has been part of the legal landscape at least since Judge Jerome Frank's polemic book from which this Symposium derives its title, and probably since Roscoe Pound's famous address to the American Bar Association. During the 1980s and 1990s in particular, the battlelines of the pro-and anti-court debate have been brightly drawn. Some commentators, most reliably successful plaintiffs' counsel and politically liberal academics, defend the judicial track record in …

Reason And Pollution: Construing The "Absolute" Pollution Exclusion In Context And In Light Of Its Purpose And Party Expectations, Jeffrey W. Stempel

Scholarly Works

Responding to the flurry of environmental coverage litigation over the application of the “sudden and accidental” pollution exclusion, the insurance industry during the mid-1980s largely adopted new standard pollution exclusion language for commercial general liability (CGL) policies. Since the mid-1980s, the standard form CGL has included the so-called absolute pollution exclusion, which provides that the insurance does not apply to bodily injury or property damage “arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, or escape of pollutants.” A “pollutant” is defined as “any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, …

Forum Shopping For Arbitration Decisions: Federal Courts' Use Of Antisuit Injunctions Against State Courts, Jean R. Sternlight

Scholarly Works

Arbitration clauses, which are supposed to do away with litigation, have ironically spawned many complicated and expensive court fights. Some of the most complex cases involve both forum shopping by the parties and jurisdictional turf battles between federal and state courts. Federal courts have, on quite a few occasions, actually gone so far as to enjoin a state court from continuing to consider a pending case because the federal court concluded that the matter ought to be arbitrated. The Supreme Court, however, has never ruled on whether or when such "arbitral antisuit injunctions" are permissible. In Moses H. Cone Memorial …

Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson

Scholarly Works

No abstract provided.

La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley

Scholarly Works

A major problem for those analyzing U.S. criminal law and procedure is that it does not fit the Continental or British mold. There is no one single system, but parallel federal and 50 state systems each with its own legislature, laws, courts (including trial, appellate, and supreme courts), police, prosecutors and prisons. The authorities who enact and implement these laws are sovereign within their respective jurisdictions. Each state has police power over its people. The 10th amendment to the U.S. Constitution controls allocation of federal and state authority. It provides that whatever the Constitution has not designated as being within …

The Process And The Product: A Bibliography Of Scholarship About Legal Scholarship, Linda H. Edwards, Mary Beth Beazley

Scholarly Works

This bibliography of scholarship about legal scholarship was originally prepared for the 1997 Conference of the Association of Legal Writing Directors. The Conference explored the rapidly developing area of scholarship by legal writing professors and the ways in which this important scholarship can be encouraged. Characteristically, when writing teachers turn their attention to a particular kind of writing project, they begin by examining both the genre and the creative activity the genre employs—that is, the process and the product. This bibliography is one result of that study. The authors hope that it will prove helpful to anyone interested in legal …

The Federal System As Bill Of Rights: Original Understandings, Modern Misreadings, Thomas B. Mcaffee

Scholarly Works

In the modern era, we have almost completely lost track of the relationship that the Framers of the United States Constitution perceived between the structure of our federal system and the protection of popular rights. At least two obvious components of this confusion persist. First, as we have come to think of rights almost exclusively in terms of the claims of individuals against the government, we have lost the ability to hear the Framers' voices referring to rights held by the people in their collective capacity, including the rights of the people within each of the sovereign states to be …

Disparate Impact Discrimination: American Oddity Or Internationally Accepted Concept?, Elaine W. Shoben, Rosemary C. Hunter

Scholarly Works

Griggs v. Duke Power Co. was a landmark United States decision because it recognized that barriers to equal employment opportunity need not be overt and that practices that appear neutral on their face may nonetheless have an unjustifiably exclusionary effect on protected groups. This American insight has not been lost on other Western legal systems in the context of their antidiscrimination statutes and opinions. This article explores the favorable reception that disparate impact analysis has had bother in other countries with similar legal heritages and in international law.

Despite the wide acceptance of disparate impact analysis in the international marketplace …

Practitioners' Notes: Evidentiary Presumptions, Keith B. Hall

Journal Articles

No abstract provided.

Hard Bargains: The Politics Of Heterosexuality, Linda Hirshman

Washington and Lee Law Review

No abstract provided.

Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya

Washington and Lee Law Review

No abstract provided.

"Disclose-Or-Abstain" Without Restraint: The Supreme Court Misses The Mark On Rule 14e-3 In United States V. O'Hagan, E. Livingston B. Haskell

Washington and Lee Law Review

No abstract provided.

Is The Supreme Court Ready To Recognize Another Privilege? An Examination Of The Accountant-Client Privilege In The Aftermath Of Jaffee V. Redmond, Thomas J. Molony

Washington and Lee Law Review

No abstract provided.

Student-Athlete Sexual Violence Against Women: Defining The Limits Of Institutional Responsibility, Timothy Davis, Tonya Parker

Washington and Lee Law Review

No abstract provided.

Comments On The 1997 Leo Goodwin Sr Visiting Scholars Program: The Rehnquist Court, Professor Bruce Rogow

Nova Law Review

I had the pleasure of hosting the 1997 Leo Goodwin Sr. visiting

Scholars and attending their presentations to the Law School community.

Our Scholars have different perspectives on the Rehnquist Court, and on the

individual justices.

Executive Branch Advocate V. Officer Of The Court: The Solicitor General's Ethical Dilemma, Drew S. Days Iii

Nova Law Review

It is truly a pleasure to be with you at Nova Southeastern this week. I

want to thank my friends, Dean Joseph Harbaugh and Professor Bruce

Rogow, for all their efforts in making my visit possible.

The Rehnquist Court: Holding Steady On Freedom Of Speech, Tim O'Brien

Nova Law Review

Prior to his elevation to Chief Justice of the United States in 1986,

Associate Justice William Hubbs Rehnquist was not often viewed as a

champion of the First Amendment.

Defining A New Medium Of Communication Under The First Amendment: The Supreme Court Tackles Speech On The Internet In Reno V. American Civil Liberties Union, Jeffrey L. Cox

Nova Law Review

The Internet' has revolutionized the exchange of information by

providing our society with a "new marketplace of ideas."2 As history has

revealed, new methods of communication lead to differences in

opinion.

Sentenced To Life? An Analysis Of The United States Supreme Court's Decision In Washington V. Glucksberg, Nicole Testa

Nova Law Review

In the recent landmark decision of Washington v. Glucksberg,' the

United States Supreme Court upheld a Washington statute criminalizing

assisted suicide for terminally ill patients.

Community Associations, Joseph E. Adams

Nova Law Review

No abstract provided.

Professional Responsibility, Timothy P. Chinaris, Elizabeth Clark Tarbert

Nova Law Review

No abstract provided.

Nova Law Review Full Issue, Volume 23, Issue 1

Nova Law Review

No abstract provided.

Florida's Hormonal Control Statute: Arguments For Constitutionality Under Florida's Right Of Privacy, Mary E. Clarke

Nova Law Review

No abstract provided.

Drug Trafficking Sentencing In Florida: Can Seven Pills Turn A Defendant Into A First-Degree Felon, Heather A. Perry

Nova Law Review

No abstract provided.

Trial Counsel's Acts Today Could Affect A Client's Appeal Tomorrow: Massachusetts And New Hampshire Take Differing Positions On Appellate Review Of Unpreserved Issues, Windy Rosebush

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Teach In Context: Responding To Diverse Student Voices Helps All Students Learn, Paula Lustbader

Faculty Articles

This article uses quotes from interviews with diverse students as a spring board to discuss contextualized learning theory and teaching strategies to enhance student learning. Students must relate new information to their own experience; develop ideas about the new information; and articulate their understanding of it. In other words, to fully understand something, students must be able to relate to it, own it, and translate it. To help students do this, the article discusses and provides examples of three concrete teaching strategies: experiential learning exercises, writing exercises, and collaborative exercises.

Dreaming In Black And White: Racial-Sexual Policing In The Birth Of A Nation, The Cheat, And Who Killed Vincent Chin?, Robert S. Chang

Faculty Articles

Professor Chang observes that Asians are often perceived as interlopers in the nativistic American "family." This conception of a nativist "family" is White in composition and therefore accords a sense of economic and sexual entitlement to Whites, ironically, even if particular beneficiaries are recent immigrants. Transgressions by those perceived to be "illegitimate," such as Asians and Blacks, are policed either by rule of law or the force of sanctioned vigilante violence. Chang illustrates his thesis by drawing upon the three films referenced.

Who's Afraid Of Tiger Woods?, Robert S. Chang

Faculty Articles

Responding to media celebrations on the 50th anniversary of Jackie Robinson’s breaking of the color barrier in Major League Baseball that portray America’s battle for racial justice having been won, this article posits putting racially diverse sport stars on a pedestal misleading. This goes on to ask and explain what sports represent in a democratic society and how Tiger Woods forces us to ask the ‘race’ question. Finally, the article discusses multiracialism and LatCrit scholarship.

The Summary Affirmance Proposal Of The Board Of Immigration Appeals, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

The Board of Immigration Appeals is on the verge of making a tragic mistake, trading away a key element of fair adjudication--the written opinion--for the sake of what it hopes will be greater administrative efficiency. The cost of eliminating written adjudication is too great, and the Board has given no indication that it has sufficiently canvassed less drastic alternatives.

The Board of Immigration Appeals (the "Board") is the primary appellate body for immigration law. The "staple" of its work is to decide appeals from decisions of Immigration Judges in removal proceedings, though it also hears appeals in several other categories, …