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2011

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Full-Text Articles in Other Law

Road Scholars - February 2011, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Feb 2011

Road Scholars - February 2011, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

The February 2011 issue of Road Scholars highlights law faculty members' scholarly activities beyond the walls of the William S. Boyd School of Law.


Salt Equalizer, Vol. 2011, Issue 2, Society Of American Law Teachers Jan 2011

Salt Equalizer, Vol. 2011, Issue 2, 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.

Hazel Wesier, SALT Board of Governors Election, at 4.

Hazel Weiser, Breaking In: Committed to Diversity in the Legal Academy, at 7.

Hope Lewis, SALT and Northeastern Host Well-Received “Breaking Into Law Teaching Program,” at 7.

Solangel Maldonado, B.A. to J.D. Pipeline Initiative: November Conference on Diversifying the Legal Profession, at 8.

Ruben Garcia, Great Teacher Keith Aoki’s Legacy to be Celebrated at 2012 SALT Dinner, at 9.

Doug Colbert & Pamela Bridgewater, Access to Justice Committee: Progress, …


Reparations, Microfinance, And Gender: A Plan, With Strategies For Implementation, Anita Bernstein, Hans D. Siebel Jan 2011

Reparations, Microfinance, And Gender: A Plan, With Strategies For Implementation, Anita Bernstein, Hans D. Siebel

Faculty Scholarship

No abstract provided.


What's Fair In Divorce Property Distribution? Cross-National Perspectives From Survey Evidence, Marsha Garrison Jan 2011

What's Fair In Divorce Property Distribution? Cross-National Perspectives From Survey Evidence, Marsha Garrison

Faculty Scholarship

No abstract provided.


Forward: The Federalization Of Nonprofit And Charity Law, Dana Brakman Reiser Jan 2011

Forward: The Federalization Of Nonprofit And Charity Law, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.


Charity Law's Essentials, Dana Brakman Reiser Jan 2011

Charity Law's Essentials, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.


Governance: Structuring Our Future, Peter J. Hammer Jan 2011

Governance: Structuring Our Future, Peter J. Hammer

Law Faculty Research Publications

No abstract provided.


The Experiential Future Of The Law, Adam Kolber Jan 2011

The Experiential Future Of The Law, Adam Kolber

Faculty Scholarship

No abstract provided.


Linking Ngo Accountability And The Legitimacy Of Global Governance, Dana Brakman Reiser, Claire R. Kelly Jan 2011

Linking Ngo Accountability And The Legitimacy Of Global Governance, Dana Brakman Reiser, Claire R. Kelly

Faculty Scholarship

No abstract provided.


Taking The Ethical Duty To Self Seriously: An Essay In Memory Of Fred Zacharias, Samuel J. Levine Jan 2011

Taking The Ethical Duty To Self Seriously: An Essay In Memory Of Fred Zacharias, Samuel J. Levine

Scholarly Works

No abstract provided.


Statutory Interpretation, Morality, And The Text, Lawrence Solan Jan 2011

Statutory Interpretation, Morality, And The Text, Lawrence Solan

Faculty Scholarship

No abstract provided.


You Can Only Race If You Can’T Win? The Curious Cases Of Oscar Pistorius & Caster Semenya, Shawn M. Crincoli Jan 2011

You Can Only Race If You Can’T Win? The Curious Cases Of Oscar Pistorius & Caster Semenya, Shawn M. Crincoli

Scholarly Works

No abstract provided.


Rlt: A Preliminary Examination Of Religious Legal Theory As A Movement, Samuel J. Levine Jan 2011

Rlt: A Preliminary Examination Of Religious Legal Theory As A Movement, Samuel J. Levine

Scholarly Works

No abstract provided.


Ensuring Public Trust At The Municipal Level: Inspectors General Enter The Mix, Patricia E. Salkin, Zachary Kansler Jan 2011

Ensuring Public Trust At The Municipal Level: Inspectors General Enter The Mix, Patricia E. Salkin, Zachary Kansler

Scholarly Works

Although federal, state and local government officials are subject to applicable codes of ethical conduct and are under the jurisdiction of ethics enforcement agencies created pursuant to these laws, ethics oversight agencies are limited in the breadth and scope of covered activities. With an increase in reported allegations of corruption, particularly at the local government level, this article explores the addition of the audit function, through inspectors general, to ensure greater transparency and accountability of public officials.

The article begins with a very brief historical overview of the emergence of the inspector general concept in Europe and its adoption in …


Lawyering Decisions—October 2009 Term, Eileen Kaufman Jan 2011

Lawyering Decisions—October 2009 Term, Eileen Kaufman

Scholarly Works

No abstract provided.


Salt Equalizer, Vol. 2011, Issue 1, Society Of American Law Teachers Jan 2011

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, …


Of Hitler And Camille Pissarro: Jurisdiction In Nazi Art Expropriation Cases Under The Foreign Sovereign Immunity Act, Elnaz Zarrini Jan 2011

Of Hitler And Camille Pissarro: Jurisdiction In Nazi Art Expropriation Cases Under The Foreign Sovereign Immunity Act, Elnaz Zarrini

Fordham Journal of Corporate & Financial Law

In November 1938, Walter Westfield, a renowned Jewish art dealer in Germany, was arrested, beaten, and imprisoned by the Nazis for an alleged violation of currency exchange laws.1 The true purpose of the arrest was to seize Westfield’s art collection for private resale, “a typical practice of the Nazi government.”2 On December 12 and 13 of the following year, a portion of Westfield’s art collection was seized and auctioned off through an order of the District Attorney’s Office Dusseldorf.3 In 1943, three years after Westfield was fined for the alleged violation and later sent to the Auschwitz death camp and …


The Procedure Of Election Law In Federal Courts, Joshua A. Douglas Jan 2011

The Procedure Of Election Law In Federal Courts, Joshua A. Douglas

Law Faculty Scholarly Articles

Election law scholars have paid scant attention to the different procedures by which courts decide election law cases. Further, there has been little exploration of the reasons why certain processes exist, and there is even less discussion of which procedures are best for election law cases. One commentator has advocated for state legislatures to define clearly certain procedural matters for election contests, including: “(1) who can be a contestant; (2) what standard of evidence to require; and (3) how to expedite contests.” But there are more fundamental and foundational questions: What goals are we trying to achieve in enacting special …


Work Friends: A Commentary On Laura Rosenbury's Working Relationships, Ethan J. Leib Jan 2011

Work Friends: A Commentary On Laura Rosenbury's Working Relationships, Ethan J. Leib

Faculty Scholarship

Knowing that work is a site of intimacy between coworkers does not tell us--as lawyers and public policy designers--what should change to accommodate this new knowledge. Rosenbury rightly emphasizes that this deeper understanding of intimate networks at work should enrich and modify our pursuit of antidiscrimination norms in the workplace. On the one hand, we might wish to allow friends to prefer one another at work in order to reinforce the social institution of friendship that does so much to sustain us. On the other hand, the dangers of homophily--the robust sociological finding that we tend to sort ourselves into …


The Lady, Or The Tiger? A Field Guide To Metaphor & Narrative, Linda L. Berger Jan 2011

The Lady, Or The Tiger? A Field Guide To Metaphor & Narrative, Linda L. Berger

Scholarly Works

Metaphor and narrative reassure us that things hang together, providing a sense of coherence to the patterns and paths we employ for perception and expression. In this field guide, I hope to illustrate - with images and stories when possible - how better understanding of metaphor and narrative can guide those engaged in legal rhetoric and persuasion.

The article briefly summarizes cognitive theory relating to metaphor and narrative, provides snapshots of their use in the field, in real-life legal persuasion, and suggests ways to adapt metaphor and narrative to a specific example of legal persuasion. In the field guide section, …


Toward More Parsimony And Transparency In "The Essentials Of Marriage", Anita Bernstein Jan 2011

Toward More Parsimony And Transparency In "The Essentials Of Marriage", Anita Bernstein

Faculty Scholarship

No abstract provided.


Prepositions In The Constitution, Erik M. Jensen Jan 2011

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."


The 2x2 Matrix Of Tort Reform's Distributions, Anita Bernstein Jan 2011

The 2x2 Matrix Of Tort Reform's Distributions, Anita Bernstein

Faculty Scholarship

No abstract provided.


Citizens United, Stevens And Humanitarian Law Project: First Amendment Rules And Standards In Three Acts, William D. Araiza Jan 2011

Citizens United, Stevens And Humanitarian Law Project: First Amendment Rules And Standards In Three Acts, William D. Araiza

Faculty Scholarship

No abstract provided.


The Liability-Offset Theory Of Peracchi, Bradley T. Borden, Douglas Longhofer Jan 2011

The Liability-Offset Theory Of Peracchi, Bradley T. Borden, Douglas Longhofer

Faculty Scholarship

No abstract provided.


The New Second Circuit Local Rules: Anatomy And Commentary, Jodi Balsam Jan 2011

The New Second Circuit Local Rules: Anatomy And Commentary, Jodi Balsam

Faculty Scholarship

No abstract provided.


Cultural Understandings Of Risk And The Tyranny Of The Experts, Molly J. Walker Wilson Jan 2011

Cultural Understandings Of Risk And The Tyranny Of The Experts, Molly J. Walker Wilson

All Faculty Scholarship

Every year, law-makers and agency regulators, with the input of industry experts and scientists, make hundreds of decisions about how to regulate conduct and allocate resources to address various types of risks that threaten the well-being of American citizens. In fact, managing and minimizing risk is one of the most important tasks of today’s policy-makers. In spite of this fact, most actions are taken without systematic consideration of the preferences of the very people whose welfare is at stake. There are two reasons for this. First, the dominance of Traditional Risk Analysis, with its emphasis on statistics and cost-benefit analysis, …


An Analysis Of The History And Hardship Experienced By Girls In The Las Vegas Juvenile Justice System, Ana Zuniga Jan 2011

An Analysis Of The History And Hardship Experienced By Girls In The Las Vegas Juvenile Justice System, Ana Zuniga

McNair Poster Presentations

Previous research has defined several factors as predictors to juvenile delinquency. Characteristics among the youth involved in criminal behavior include various home placements, running away, mental health problems, physical and sexual abuse, delinquency history, and family members with a delinquent background. These factors were analyzed in the current to observe whether the predictors were relevant to girls detained in the Las Vgeas juvenile justice system. While observing the data in this study, it appeared that predictors described in previous research were in fact present among this population. However, Further research should take an in depth look at these factors in …


The Demise Of “Drive-By Jurisdictional Rulings”, Howard M. Wasserman Jan 2011

The Demise Of “Drive-By Jurisdictional Rulings”, Howard M. Wasserman

Faculty Publications

No abstract provided.


Richmond Law Magazine: Winter 2011 Jan 2011

Richmond Law Magazine: Winter 2011

Richmond Law Magazine

Features:

Putting the Law to Work

Environment for Growth

The Price of Pleasure

For the Public Good