Other Law Commons^™

Foreword: Presidential Power And Foreign Affairs, Michael P. Scharf, Brittany E. Pizor

Faculty Publications

Foreword for the Wolf Family Foundation, Case Western Reserve's Frederick K. Cox International Law Center, the International Association of Penal Law (American National Section), the American Society of International Law, the International Law Association (American Branch), and the Public International Law and Policy Group conference Presidential Power and Foreign Affairs, Cleveland, OH, September 2012.

After The Flood: The Legacy Of The "Surge" Of Federal Immigration Appeals, Stacy Caplow

Faculty Scholarship

No abstract provided.

Corrupt Intentions: Bribery, Unlawful Gratuity, And Honest-Services Fraud, Alex Stein

Faculty Scholarship

No abstract provided.

Letting The Perfect Become The Enemy Of The Good: The Relatedness Problem In Personal Jurisdiction, Robin Effron

Faculty Scholarship

No abstract provided.

Veterans Court: Towards The Implementation Of A Collaborative Justice Model In San Luis Obispo County, Daniel Smee

Continuing Education (CAPSTONE)

Veterans’ treatment courts represent an emerging trend across the country of collaborative justice designed to deal with criminal justice issues stemming from problems linked to military service. This approach places the veteran in VA (Veterans Affairs) treatment programs as a diversion from incarceration. There are few such courts in California (nine) largely in non-rural counties. This study investigated two rural counties, Tulare and Santa Barbara with Veterans courts to develop a model for such a court in San Luis Obispo County. Early recidivism data at the one-year point for Tulare County showed a zero percent rate of criminal behavior (12 …

Life Cycles Of American Legal History Through Bob Dylan's Eyes, Laurie Serafino

Fordham Urban Law Journal

This Article will examine, from a legal perspective, Dylan's ideas on social policy and change. It begins with an in-depth look at the treatment of African Americans before, during, and after the Civil War by looking at relevant legal statutes and Supreme Court Cases. This Article then looks to the second cycle of revolution to gain Dylan's attention, the struggle of the worker and immigrant during the twentieth century. This article concludes by examining current domestic issues in the third cycle of revolution-- specifically, how corporations exert significant domination over the political process.

Politics And Punishment: Reactions To Markel's Political Retributivism, Michael T. Cahill

Faculty Scholarship

No abstract provided.

Arrested Development: Bob Dylan, Held For Questioning Under Suspicion Of "Autism", Alex Lubet

Fordham Urban Law Journal

This Article discusses an encounter Bob Dylan had with the law and its meaning in the context of the social constructions of mental disability, in general, and on autism in particular. The author does not speculate on Dylan's autism status.

A Comment On Commas, Erik M. Jensen

Faculty Publications

This article aims to get some respect for the underappreciated comma, using a New York Times book review to illustrate how misplaced punctuation can turn sense into nonsense.

The Shadow Rules Of Joinder, Robin Effron

Faculty Scholarship

No abstract provided.

Democracy And Productivity: The Glass-Steagall Act And The Shifting Discourse Of Financial Regulation, K. Sabeel Rahman

Faculty Scholarship

No abstract provided.

The "Silent But Gifted" Law Student: Transforming Anxious Public Speakers Into Well-Rounded Advocates, Heidi K. Brown

Faculty Scholarship

No abstract provided.

What Is The Value Of Associations, Or Is It Safe To Row Alone, Darcy Kirk

Faculty Articles and Papers

No abstract provided.

Botanical Gardens: Driving Plant Conservation Law, Amy Hackney Blackwell

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The End Of Forgetting And "Administrative Rights" To Our Online Personas, Jamie R. Lund

IP Theory

No abstract provided.

Evading Emergency: Strengthening Emergency Response Through Integrated Pluralistic Governance, Lance A. Gable

Law Faculty Research Publications

This Article examines the significant governance challenges that arise during responses to public health emergencies and proposes a new multifaceted strategy-integrated pluralistic governance-to address these challenges. Emergency preparedness is an inherently complex problem that entails the integration ofscientific and medical expertise, good logistical planning, and clear laws and policies. The governance function has particular import for public health emergencies because pandemics, hurricanes, and other disasters can have profoundly divisive social and political consequences. Moreover, recent disasters like Hurricane Katrina and the BP Deepwater Horizon oil spill revealed an emergency preparedness and response infrastructure in the United States that was broken: …

Answering To A Higher Authority: Sovereign-Mandated Oversight In The Board Room And The C-Suite, Thomas F. O’Neil Iii, T. Brendan Kennedy

Fordham Journal of Corporate & Financial Law

The relationship between business organizations and the sovereign agencies that regulate them is being redefined domestically and abroad. In the context of corporate enforcement proceedings, a critical challenge is how to achieve, most effectively, the timehonored public sector objectives of punishment, deterrence, financial restitution and rehabilitation. At issue are important policy considerations and at stake are the integrity and security of the commercial marketplace. The public sector increasingly must balance the pressures of limited resources against the need to ensure that corporate citizens behave not only lawfully, but ethically and responsibly. One solution that has been adopted is the imposition …

The Development Of Domestic Violence As A Field: Honoring Clare Dalton, Elizabeth Schneider, Cheryl Hanna

Faculty Scholarship

No abstract provided.

Taking Cognitive Illiberalism Seriously: Judicial Humility, Aggregate Efficiency, And Acceptable Justice, Jeffrey W. Stempel

Scholarly Works

No abstract provided.

Black Swans, Ostriches, And Ponzi Schemes, Nancy B. Rapoport

Scholarly Works

No abstract provided.

The Worst Supreme Court Case Ever? Identifying, Assessing, And Exploring Low Moments Of The High Court, Jeffrey W. Stempel

Scholarly Works

No abstract provided.

Scaling The Patent System, Christina Mulligan, Timothy B. Lee

Faculty Scholarship

No abstract provided.

Sports In America, John D. Feerick

Faculty Scholarship

A speech written and delivered by Dean John Feerick on April 17, 2009 at the Fordham Law School Sports Law Symposium gives us an insightful look into what sports mean to the world around them. Dean Feerick has been involved first hand in a number of influential sports law decisions in his time as a practitioner and this speech serves as a reminder as to the meaningful role that sports play in each one of our lives. Feerick draws from life experiences of his own as well as that of colleagues and family members to observe the timeless and universal …

It Happens In The Dark: Examining Current Obstacles To Identifying And Rehabilitating Child Sex- Trafficking Victims In India And The United States, Emily K. Harlan

University of Colorado Law Review

The governments of India and the United States have been struggling for years to eradicate child sex trafficking within their borders. Nevertheless, many Indian and American child sex-trafficking victims have yet to be identified as victims or provided with rehabilitation services. Both countries need to make additional legal and policy reforms to ensure their legal systems correctly identify child sextrafficking victims and provide them with meaningful opportunities for rehabilitation. This Note identifies police corruption in India and the disparate treatment of foreign and domestic victims in the United States as the major obstacles to correctly identifying child sex-trafficking victims, and …

A Model Decertification Law, Roger L. Goldman

All Faculty Scholarship

Despite the over 50-year existence of laws permitting the revocation of a police officer’s right to serve in law enforcement for serious misconduct, most scholars have ignored this development. Currently, 44 states have such laws, but they differ greatly in scope. This article suggests the three most important characteristics of an effective decertification law: first, the types of law enforcement officers covered by the law should be wide-ranging, including correctional officers and probation officers, not just police officers and deputy sheriffs and police officers. Second, the range of misconduct that can lead to decertification should not just be limited to …

Arthur Soden's Legacy: The Origins And Early History Of Baseball's Reserve System, Edmund P. Edmonds

Journal Articles

The article focuses on the nineteenth century evolution of the U.S. baseball reserves system. It mentions that the early history of the reserve clause establishes a relationship with sports collective bargaining agreements. It notes that its basic structure stems from a dispute between Boston owner Arthur Soden and baseball players James O'Rourke and George Wright. It also emphasizes on discipline imposed to the players who abandon their contracts to seek higher salaries from a different team.

Richmond Law Magazine: Winter 2012

Richmond Law Magazine

Features:

Courage and Independence

How Shall the Constitution be Enforced?

Law Weekend 2011

Justice for All

Volume 37, No. 1

The Weldon Times

A student-run newspaper published at the Schulich School of Law at Dalhousie University.

Editor in Chief: Max Rothschild

Layout Editor: Kate Rothschild

Editors: Suzanne Kittle, Phil Moreria

Volume 37, No. 2

The Weldon Times

A student-run newspaper published at the Schulich School of Law at Dalhousie University.

Editor in Chief: Max Rothschild

Layout Editor: Kate Rothschild

Editors: Suzanne Kittle, Phil Moreria, Alex Gorlewski

Statistical Knowledge Deconstructed, Kenneth Simons

Faculty Scholarship

The law frequently distinguishes between individualized knowledge (awareness that one’s act will harm a particular victim, e.g., driving through an intersection while aware that one’s automobile is likely to injure a pedestrian) and statistical knowledge (awareness that one’s activity or multiple acts will, to a high statistical likelihood, harm one or more potential victims, e.g., proceeding with a large construction project that one confidently predicts will result in worker injuries). Under tort and criminal law doctrine, acting with individualized knowledge is ordinarily much more difficult to justify, and, if unjustified, much more culpable, than acting with statistical knowledge. Yet the …