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The Civil Rights Era: A Look Back By Those Who Lived And Litigated Through It, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Critical Perspectives On The Legal Profession In England And Wales (Book Review), Susan Carle

Scholarly Articles in Law Reviews & Journals

Book Review of DONALD NICOLSON & JULIAN WEBB, PROFESSIONAL LEGAL ETHICS: CRITICAL INTERROGATIONS, Oxford University Press, 1999. Pp. 292.

A New Era In Humane Education: How Troubling Youth Trends And A Call For Character Education Are Breathing New Life Into Efforts To Educate Our Youth About The Value Of All Life, Lydia S. Antoncic

Animal Law Review

The purpose of education is to create in a person the ability to look at the world for himself, to make his own decisions, to say to himself this is black or this is white, to decide for himself whether there is a God in heaven or not. To ask questions of the universe, and then to learn to live with those questions, is the way he achieves his own identity. But no society is really anxious to have that kind of person around. What societies really, ideally want is a citizenry which will simply obey the rules of society. …

Addressing Fundamentalism By Legal And Spiritual Means, Dan Wessner

Human Rights & Human Welfare

A review of:

Religion and Humane Global Governance by Richard A. Falk. New York: Palgrave, 2001. 191 pp.

Gender and Human Rights in Islam and International Law: Equal before Allah, Unequal before Man? by Shaheen Sardar Ali. The Hague: Kluwer Law International, 2000. 358 pp.

Religious Fundamentalisms and the Human Rights of Women edited by Courtney W. Howland. New York: St. Martin’s Press, 1999. 326 pp.

The Islamic Quest for Democracy, Pluralism, and Human Rights by Ahmad S. Moussalli. Gainesville: University Press of Florida, 2001. 226 pp.

Property Rights, Federalism, And The Public Rights-Of-Way, Frederick E. Ellrod Iii, Nicholas P. Miller

Seattle University Law Review

This introductory section describes how section 253 works, and notes that the importance of local right-of-way management has increased since September 2001. Section II of the Article identifies the fundamental property rights at issue, their implications for compensation requirements, and their relationship to constitutional federalism. Section III then looks briefly at the characteristic mistake made by many analysts: construing local communities' control of their public rights-of-way as purely regulatory and ignoring the property aspect. Section IV explores in more depth the way in which section 253 fits into the structure of property rights, regulation, and federalism, by detailing the legislative …

Linking Low-Income Washingtonians With Health Care Financing Arrangements, Kenneth R. Wing, Michael G. Gordie

Seattle University Law Review

Following this introductory section, Part II presents a comprehensive description of the health financing arrangements available to low-income residents of Washington State, from federally funded Medicaid programs to state-subsidized insurance. The Article concludes in Part III, outlining the interrelationship between these arrangements and the political process, and suggesting that the Washington State Legislature should be aware of how policy actually affects people.

Stretching The Equal Access Act Beyond Equal Access, Aaron H. Caplan

Seattle University Law Review

This article explores the ramifications of stretching the Equal Access Act ("EAA" or "the Act") beyond equal access to school premises for meetings during noninstructional time. Part I provides background on the Equal Access Act, from its legislative origins through its interpretations by federal courts. This part includes a careful look at the statute's often confusing language. Part II describes and criticizes Prince v. Jacoby. I argue that the decision is plagued with legal errors large and small, but that the main error is its failure to consider a central question: equal access to what? Both the EAA and …

From Gibbons To Lopez: Does The Commerce Clause Remain A Viable Tool For Eliminating The Vestiges Of Slavery, 4 Barry L. Rev. 71 (2003), Linda R. Crane

UIC Law Open Access Faculty Scholarship

No abstract provided.

Asylum, Social Group Membership And The Non-State Actor: The Challenge Of Domestic Violence, 36 U. Mich. J.L. Reform 767 (2003), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

This Article argues that the current approaches to asylum claims based on "social group" membership under the U.N. convention Relation to the Status of Refugees are deeply flawed. The Refugee Convention confers asylum on persons persecuted for their membership in a particular social group. Courts have struggled with the boundaries of the social group definition, and there appears to be no coherent way to reconcile all of the court decisions on what groups qualify as social groups under the Refugee Convention.

This Article suggests that courts adopt a consistent definition of what constitutes a social group. The definition proposed in …

Homeland Security, Pesticide Regulation And Common Household Chemicals: Are We Adequately Protecting All Our Sources, Leticia M. Diaz

Faculty Scholarship

In the aftermath of the terrorist attacks of September 11, 2001, legislators, business owners, consumers and everyday citizens, all with a view of how to protect our interests, voiced their opinions on how to improve national security with patriotic zest. FIFRA's main purpose is to ensure federal regulation of pesticide distribution and use. This power is of particular importance given the terroristic threat of possible chemical warfare. Chemical professionals were cognizant of the importance of site security even prior to the September 11th terrorist attacks. With respect to the risk of terrorist attacks using pesticides or other chemical agents, EPA …

Overcoming A Lawyer's Dogma: Examining Due Process For The "Disruptive Student", Jessica Falk

University of Michigan Journal of Law Reform

This Note explores how traditional due process functions in the context of school expulsion hearings. Traditional due process is inadequate in the case of "chronically disruptive" students because these students have lost their property right in education long before the law requires a due process hearing. Instead, new avenues of due process that are better adapted to the educational setting must be explored. Lawyers should expect schools to identify students' with behavioral problems before expulsion becomes imminent and assist students in overcoming these problems. This "educational due process" not only helps to protect troubled student's education, but it is also …

Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, 31 Ga. J. Int'l & Comp. L. 493 (2003), Ralph Ruebner

UIC Law Open Access Faculty Scholarship

No abstract provided.

Law School Branding And The Future Of Legal Education., Michael Ariens

St. Mary's Law Journal

It is too early to determine if law school branding will have a positive or a negative effect on legal education. A recent shift in legal education has led law schools to consciously brand themselves, claiming an educational distinctiveness in selling their services to consumers. Branding is an attempt to create a desire in targeted prospective students to join the branded law school. Although a law school may brand itself by claiming it delivers an excellent legal education, branding is about distinctiveness, not quality. Law schools have used a number of approaches to attract students, including aggressive marketing of a …

Separation V. Patriotism: Expelling The Pledge From School., Bill W. Sanford Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Rethinking The Prohibition Of Death Row Prisoners As Organ Donors: A Possible Lifeline To Those On Organ Donor Waiting Lists., Donny J. Perales

St. Mary's Law Journal

Organ transplantation continually brings hope and new life to thousands of patients suffering from a myriad of diseases. Despite the advances in medical science and the increased survival rates of organ recipients, many are unable to receive an organ transplant because the demand for organs drastically exceeds the available supply. Much of the organ deficit lies in the current system of organ procurement. The altruism-based organ system leaves the donative decision to the individual; however, it is this system which hinders effective organ procurement. Under this system, the donor must give prior consent before a doctor can remove any organ. …

Dealing With Default Judgements., Julia F. Pendrey, Shawn M. Mccaskill, Hilaree A. Casada

St. Mary's Law Journal

Abstract Forthcoming.

Strategic Voting And African-Americans: True Vote, True Representation, True Power For The Black Community, Maxine Burkett

Michigan Journal of Race and Law

As long as American politics remain securely bound to the two-party system, Blacks will remain a voting block; a block that may shift, but a block nonetheless. And although this appears to be to our strategic disadvantage, allowing conviction to direct us, as well as a deep respect for the intense struggle for the franchise, will forever be a noble posture.

Power, Possibility And Choice: The Racial Identity Of Transracially Adopted Children, Twila L. Perry

Michigan Journal of Race and Law

Review of The Ethics of Transracial Adoption by Hawley Fogg-Davis

Breaking The Camel's Back: A Consideration Of Mitigatory Criminal Defenses And Racism-Related Mental Illness, Camille A. Nelson

Michigan Journal of Race and Law

This article will examine the concept of racist words, symbols, and actions that are used as weapons to "ambush, terrorize, wound, humiliate, and degrade,” as psychological and physiological violence. The implications of such violence are relevant to several affirmative defenses and, indeed, to the initial formulation of mens rea. The historical and contextual legacy that is intentionally invoked by the utilization of racialized violence is what separates the racial epithet or racially violent symbolism from other distressing insults and slurs. While First Amendment protection extends to offensive or insulting speech, the mental and physical sequelae of such speech, even absent …

Not Mere Rhetoric: On Wasting Or Claiming Your Legacy, Justice Scalia, Marie Failinger

Faculty Scholarship

The thesis of the article is that the Court’s enterprise is centered on preserving community through an ethics of warranted trust, and that Scalia’s rhetoric often rejects such an ethic. A modern democratic citizen, along with his whole community, instead finds himself in the situation of necessary trust in democratic institutions like the Supreme Court. The willingness of a political community ultimately to place its trust in authority is partially dependent on that authority’s commitment to, and skill at, creating a convincing argument. The practice of rhetoric recognizes the dynamics of a relation of trust: the rhetor must put his …

Philosophy And Opinions, Warren Ortland

William Mitchell Law Review

Review of Law, Pragmatism, and Democracy. By Richard A. Posner. Harvard University Press, 2003. 398 Pages. $35.00.

The Creativity Of The Common-Law Judge: The Jurisprudence Of William Mitchell, Charles J. Reid Jr.

William Mitchell Law Review

Mitchell's presence graced the Minnesota Supreme Court for nearly nineteen years, from 1881 to 1900. His output was prodigious. He produced nearly 1600 judicial opinions. It has been estimated “that excluding Sundays, and allowing a month in each year for vacation, Judge Mitchell wrote one opinion in every three days for nineteen years.” Indeed, “[i]n point of numbers, his opinions exceed those of any other justice of the Supreme Court of his state, or the nation.” It is one aspect, perhaps the central aspect, the unifying theme of this prolific body of work, that is the focus of this essay: …

The Quicksands Of Originalism: Interpreting Minnesota’S Constitutional Past, Douglas A. Hedin

William Mitchell Law Review

There are several varieties of the “originalist” school of constitutional thought, but all subscribe in one degree or another to the belief that a constitutional clause should be interpreted according to its original meaning or the original intent of its authors. That original understanding or intent can be discerned from the text of the clause, the history of its drafting and ratification and, sometimes, early practices and court decisions interpreting that clause. It rightly has been called a “grand theory” because it is simple and clear, explains so much, and it has the almost irresistible attraction of being anchored firmly …

Foreword, Sam Hanson

William Mitchell Law Review

Introduction to issue of Recent Decisions of the Minnesota Supreme Court (from 2002-03 term).

Erlandson V. Kiffmeyer: Minnesota’S Absentee Voting Laws Following The Sudden Death Of Incumbent Candidate Paul Wellstone, Elizabeth M. Brama

William Mitchell Law Review

This article addresses the legal and practical effects of Senator Wellstone's death and the court's absentee ballot decision in Erlandson v. Kiffmeyer. Part II discusses other, surprisingly common, instances when a candidate has died or withdrawn close to an election, and examines Minnesota's approach to pre-election vacancies. Part III explores the Erlandson decision and the facts giving rise to it. Part IV then analyzes the court's decision and the legislature's reaction to it. Finally, Part V concludes that if the state has an acknowledged goal of enfranchising absentee voters even after an unexpected, catastrophic event, then state law must be …

The Logic And Experience Of Law: Lawrence V. Texas And The Politics Of Privacy, Danaya C. Wright

University of Florida Journal of Law & Public Policy

No abstract provided.

Is "Don't Ask, Don't Tell" Unconstitutional After Lawrence? What It Will Take To Overturn The Policy, Diane H. Mazur

University of Florida Journal of Law & Public Policy

No abstract provided.

Adoptive Families Headed By Gay Or Lesbian Parents: A Threat . . . Or Hidden Resource?, Scott D. Ryan, Scottye Cash

University of Florida Journal of Law & Public Policy

No abstract provided.

Globalization & The Law: An Introduction, Trevor C. W. Farrow, Sheilah L. Martin

Articles & Book Chapters

The focus of this special issue of the Alberta Law Review is globalization and the law. The purpose of this special issue is to look at ways that law is participating, and can participate, in the process of globalization. Given the social and political regulatory power of law- both domestic and international - there is no doubt that law can and should have a lot to say about how the process of globalization develops.

Novel Issues, Futile Issues, And Appelate Advocacy: The Troubling Lessons Of Bousley V. United States., Henry J. Bemporad, Sarah P. Kelly

St. Mary's Law Journal

Bousley v. United States may require appellate attorneys to raise meritless claims in order to preserve them for habeas review in the event of a change in the law. Bousley is a habeas corpus case involving the “procedural default” doctrine. The doctrine states that a prisoner may only raise issues that have been adequately preserved, and if not preserved, they have defaulted on their claims. Bousley looked with critical hindsight at the decisions made by appellate counsel and punished the defendant for their lawyer’s failure to preserve an issue rejected by eleven courts of appeals—including the court before which the …