Other Law Commons^™

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

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

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

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

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

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

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

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

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

Faculty Publications

No abstract provided.

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

Volume 36, No. 2

The Weldon Times

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

Editor in Chief: Geoff Franklin

Layout Editor: Lorne Graburn

Assistant Editors: Alex Gorlewski, Victoria Gergan, Patrick MacDonald, Max Rothschild

Damage Anchors On Real Juries, Shari Seidman Diamond, Mary R. Rose, Beth Murphy, John B. Meixner Jr.

Scholarly Works

Experiments reveal anchoring as a powerful force, even when participants see the anchor as irrelevant. Here, we examine the reactions of real deliberating jurors to attorney damage requests and concessions in 31 cases involving 33 plaintiffs in which the jury awarded damages. Jurors were critical consumers of attorney suggestions. They reacted more negatively to, and were less influenced by, plaintiff ad damnums for pain and suffering than to damage requests in categories grounded in more objective evidence. Deliberations revealed that jurors often perceive plaintiff ad damnums not only as irrelevant, but also as outrageous, impressions reflected in their verdicts. These …

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

Scholarly Works

No abstract provided.

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.

Lawyering Decisions—October 2009 Term, Eileen Kaufman

Scholarly Works

No abstract provided.

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 …

Road Scholars - December 2010 / January 2011, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

The December 2010 / January 2011 issue of Road Scholars highlights law faculty members' scholarly activities beyond the walls of the William S. Boyd School of Law.

Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Michael T. Cahill, Paul H. Robinson, Daniel M. Bartels

Faculty Scholarship

No abstract provided.

Road Scholars - November 2010, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

The November 2010 issue of Road Scholars highlights law faculty members' scholarly activities beyond the walls of the William S. Boyd School of Law.

Community Development Authorities, Andrew A. Painter

University of Richmond Law Review

Today, CDAs of varying sizes and purposes have been authorized by at least fourteen Virginia localities, and approximately twenty have issued bonds." Despite progress, CDAs occupy anarea of Virginia law largely in its infancy. Case law directly related to their use remains limited, and many localities remain uncertain about their use since the unique marriage of private development and public power inherent in the CDA process has, at times, fostered controversy and apprehension. While this article does not directly address the public policy implications of using CDAs to finance infrastructure, the author hopes this review will generate further ideas for …

Resolving The Dilemma Of Nonjusticiable Causation In Failure-To-Warn Litigation, Neil B. Cohen, Aaron Twerski

Faculty Scholarship

No abstract provided.

Resolving The Dilemma Of Non-Justiciable Causation In Failure To Warn Litigation, Aaron D. Twerski, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Medical Malpractice Law, Sean P. Byrne, Lauran G. Stimac

University of Richmond Law Review

Health care reform took center stage on a national level overthe past year. Despite suggestions that medical liability reform might be incorporated into the federal legislation, in the end, it was not. Similarly, this year saw few legislative developments at the state level in medical malpractice law, as the Virginia General Assembly focused its energy primarily on the budget shortfall and other issues. There were, however, several health care legislative and case developments of note which will impact the medical liability landscape in the coming years. Board of Medicine activity and medical malpractice trial results of interest are also highlighted …

Museletter: November 2010, Suzanne Corriell

Museletter

This Issue:

Not Your Everyday Legal Research: Pop Yeh Yeh Research [Carl Hamm] by Suzanne Corriell

Holiday & Exam Hours Begin November 24

New Faces at the Law Library

Same Faces... but New Places at the Law Library

Law at the Movies: The Social Network by Gail Zwirner

Alternative Burdens On Freedom Of Conscience, Adam Kolber

Faculty Scholarship

No abstract provided.