Other Law Commons^™

Center Of Main Interests, International Insolvency Case Venue, And Equality Of Arms: The Eurofood Decision Of The European Court Of Justice, Samuel L. Bufford

Northwestern Journal of International Law & Business

The European Court of Justice ("E.C.J.") issued a ruling on May 2, 2006 in the Eurofood case, finding that the commencement of an insolvency case for Eurofood in Ireland gave the Irish court priority under E.U. law over a similar insolvency case commenced shortly thereafter in Italy. The E.C.J.'s ruling responded to the Supreme Court of Ireland's referral to the E.C.J. of five questions of E.U. law based on the E.U. Regulation on Insolvency Proceedings ("E.U. Regulation"). The Irish Supreme Court had referred these questions to the E.C.J. preliminary to deciding a pending appeal of the Dublin High Court's decision …

A Home Of Its Own: The Role Of Poverty Law In Furthering Law Schools' Mission, Marie A. Fallinger

Fordham Urban Law Journal

This essay argues that poverty law can and should be a part of the law school curriculum. If the law school believes it mission to be creating "1) lawyers as public citizens and leaders; 2) lawyers as skilled technicians of the law; 3) lawyers as skilled counselors; 4) lawyers as advocates on behalf of a cause in legal institutions; and 5) lawyers as transformational partners with the poor" then poverty law instruction is vital.

Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie M. Wildman

Fordham Urban Law Journal

This Article attempts to demonstrate that legal and racial disparities are taken into account in legal decisions and throughout the legal system, despite people's belief and hope that the law is color and wealth blind. Furthermore, this Article demonstrates that race has always affected U.S. law and the legal system. Finally, prominent examples of race-and-class-neutral law are not neutral at all, but include some inherent biases.

Perfect Enforcement Of Law: When To Limit And When To Use Technology, Christina Mulligan

Faculty Scholarship

No abstract provided.

Pain Detection And The Privacy Of Subjective Experience, Adam Kolber

Faculty Scholarship

No abstract provided.

A Liberal Challenge To Behavioral Economics: The Case Of Probability, Alex Stein

Faculty Scholarship

No abstract provided.

Museletter: January 2007, Caroline L. Osborne

Museletter

This Issue:

The Good, the Bad and the Ugly by Caroline Osborne (DVD Collection, Databases, Carrels, Food)

Survey Time

Upgrade to Library System Include OPAC Changes by Gail Zwirner

Library Hours

Reflections On Responsibilities In The Public Square, Through A Perspective Of Jewish Tradition: A Brief Biblical Survey, Samuel J. Levine

Scholarly Works

In recent years, there has developed in the United States a substantial and growing interest in the role of religion in the public square. Within religious communities, the conversation has, at times, focused on the approach of specific religious traditions toward their own responsibilities to contribute to and influence the moral, ethical, and legal standards of American society. For Jewish communities living in the United States, these questions comprise yet another application of issues the Jewish people has confronted throughout its history. To the extent that the nature of American political and social structures differ significantly from those experienced by …

The State Secrets Problem: Can Congress Fix It?, Neil J. Kinkopf

Faculty Publications By Year

No abstract provided.

Marrying Diversity And Independence In The Boardroom: Just How Far Have You Come, Baby?, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.

From Facebook To Folsom Prison Blues: How Banning Laptops In The Classroom Made Me A Better Law School Teacher, Nancy G. Maxwell

Richmond Journal of Law & Technology

A well-respected judge recently was asked to speak to a law school Administrative Law class. When he took the podium, he noticed that most of the students had laptops in front of them. As he was talking, the students’ fingers were flying across the keyboards, making clicking noises, their eyes fixed on the screens in front of them. Several times he noticed grins or frowns on the students’ faces, but the facial expressions were clearly unrelated to what he was saying. About twenty minutes into his talk, the judge, exasperated, clapped his hands together several times, calling out, “Is anyone …

The Myopia Of U.S. V. Martinelli: Extraterritorial Jurisdiction In The 21st Century, Christopher L. Blakesley

Scholarly Works

Beginning in January 1999 and continuing through January 2000, a U.S. soldier began frequenting an off-post Internet cafe in Darmstadt, Germany, called the Netzwork Café. There he would download images of child pornography and search Internet websites, logging onto Internet chat rooms in order to communicate with individuals willing to send him images of naked children and children engaged in sex acts.

Specialist Martinelli was eventually caught and charged with various violations of 18 U.S.C. § 2252A for knowingly mailing, transporting or shipping child pornography in interstate or foreign commerce (by computer); knowingly receiving child pornography that had been mailed, …

The Immigrant Rights Marches (Las Marchas): Did The “Gigante” (Giant) Wake Up Or Does It Still Sleep Tonight?, Sylvia R. Lazos

Scholarly Works

This article documents the genesis of the March 2006 immigrant rights protests and analyzes their impact. Las Marchas were truly spontaneous grassroots protests, the largest massive civil rights mobilization effort for a single event in the United States to date. This paper provides a macro- and micro-analysis of the forces that account for this success. First, the catalyst, HR 4437, a bill that was successfully approved by the House of Representatives would have criminalized illegal presence. This law was perceived as unjust, and engendered a debate around immigrant rights debate in terms with universal and simple appeal, human dignity, the …

Emerging Latina/O Nation And Anti- Immigrant Backlash, Sylvia R. Lazos

Scholarly Works

This foreword is an introduction to the LatCrit XI, Working and Living in the Global Playground: Frontstage and Backstage symposium, convened at William S. Boyd School of Law, in Las Vegas Nevada, during October 2006 and called upon over 150 academics to focus on the impacts of globalization and immigration. At no time has LatCrit's critical approach of interconnecting the structures of inequality, the market forces of globalization, and the cultural hostility towards outsider groups been more relevant.

Backlash against immigrants, particularly Latina/o “illegals,” is on the rise. This Introduction seeks to outline the challenges that the current immigration quandary …

Uniform Commercial Code Survey: Sales, Keith A. Rowley, Carolyn L. Dessin, Larry T. Garvin, Robyn L. Meadows

Scholarly Works

2006 Uniform Commercial Code Survey: Sales

Colloquy, Transactional Economics: Victor Goldberg’S Framing Contract Law, Keith A. Rowley, Mark P. Gergen, Victor Goldberg, Stewart Mcaulay

Scholarly Works

Panel discussion among law faculty who teach contracts of 2007 book authored by Victor Goldberg, which suggests that an economic approach to contract interpretation is appropriate.

Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush

Scholarly Works

This brief essay offers a selective overview of recent trends in the historical scholarship on American childhood from the origins of the American Revolution to the early years of the Cold War. This overview of the literature has two purposes. First, it highlights recent socio-cultural scholarship that presents substantive challenges to the conventional ways of understanding the history of children and the law. Second, in so doing, it points out that legal histories concerned solely with doctrinal matters can, and often do, present a limited and distorted window into the past. Instead, the essay argues that the place of children, …

Destructive Ambiguity: Enemy Nationals And The Legal Enabling Of Ethnic Conflict In The Middle East, Michael Kagan

Scholarly Works

In the course of the Middle East conflict since 1948, both the Arab states and Israel have tended to take harsh measures against civilians based on their national, ethnic, and religious origins. This practice has been partially legitimized by a norm in international law that permits states to infringe the liberty and property interests of enemy nationals during armed conflict. Middle Eastern governments have misused the logic behind this theoretically exceptional rule to justify far-reaching measures that undermine the “principle of distinction” between civilians and combatants and erode the principle of non-discrimination that lies at the center of human rights …

Of Metaphor, Metonymy, And Corporate Money: Rhetorical Choices In Supreme Court Decisions On Campaign Finance Regulation, Linda L. Berger

Scholarly Works

This Article examines the metaphorical and metonymical framing of corporate money in Supreme Court decisions about campaign finance regulation. Metaphorical influences (corporation as a person, spending money as speech, marketplace of ideas as the model for First Amendment analysis) affected early decisions about the regulation of corporate spending in election campaigns. Later, a metonymical move to isolate corporate money and then to focus on its malevolent tendencies displaced the earlier view of corporate money as speech. This movement was best depicted in McConnell v. Federal Election Commission, 540 U.S. 93 (2003), the Supreme Court's 2003 decision on the Bipartisan Campaign …

Marketing Law Libraries: Strategies And Techniques In The Digital Age, Kristin Cheney

Faculty Articles

Marketing is no longer a sporadic activity undertaken on an ad hoc basis, but rather has become an integral component of every library’s day-to-day operations. This article provides an overview of basic marketing principles and then examines effective marketing strategies and promotional techniques in an academic environment. While viewed within the context of the law school setting, a majority of the marketing activities discussed are equally applicable in other types of law libraries.

Form, Function, And Justiciability, Anthony J. Bellia Jr.

Journal Articles

In A Theory of Justiciability, Professor Jonathan Siegel provides an insightful functional analysis of justiciability doctrines. He well demonstrates that justiciability doctrines are ill suited to serve certain purposes-for example, ensuring that litigants have adverse interests in disputes that federal courts hear. Professor Siegel proceeds to identify what he believes to be one plausible purpose of justiciability doctrines: to enable Congress to decide when individuals with "abstract" (or "undifferentiated") injuries may use federal courts to require that federal law be enforced. Ultimately, he rejects this justification because (1) congressional power to create justiciability where it would not otherwise exist proves …

The Overlapping Magisteria Of Law And Science: When Litigation And Science Collide, William G. Childs

Faculty Scholarship

In this Article, the Author explores two unexpected consequences of joining science and law at the hip, and considers whether these consequences represent reciprocal contamination, or instead cross-fertilization, of law and science. In Part I of this Article, the Author provides a brief review of the evolution of legal standards for the admissibility of what is termed "scientific evidence," including Frye and Daubert and their progeny. In Part II of the Article, the Author gives a (necessarily limited) overview of certain modern scientific paradigms of reliability and he explores the realities of peer reviews and of other institutions in science …

Director Independence In The Independent Sector, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Enhancing Drug Effectiveness And Efficacy Through Personal Injury Litigation, Anita Bernstein

Faculty Scholarship

No abstract provided.

A Social Defense Of Sarbanes-Oxley, James A. Fanto

Faculty Scholarship

No abstract provided.

Universal Proceduralism, Edward J. Janger

Faculty Scholarship

No abstract provided.

The Calamitous Law Of Notes, Neil B. Cohen

Faculty Scholarship

No abstract provided.

A Primer On Opinion Letters: Explanations And Analysis, Kelly A. Love

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Does Nonprofit Ownership Matter?, Jill R. Horwitz

Articles

In recent years, policymakers have increasingly questioned whether nonprofit institutions, particularly hospitals, merit tax exemption. They argue that nonprofit hospitals differ little from their for-profit counterparts in the provision of charity care and, therefore, should either lose their tax-exempt status or adhere to new, strict, and specific requirements to provide free services for the poor. In this Article, I present evidence that hospital ownership-whether it is for-profit, nonprofit, or government owned-has a significant effect on the mix of medical services it offers. Despite notoriously weak enforcement mechanisms, nonprofit hospitals act in the public interest by providing services that are unlikely …

Private Attorneys General V. "War Profiteers": Applying The False Claims Act To Security Contractors In Iraq, Bryan Terry

Seattle University Law Review

In order to provide context for the Custer Battles court's opinion, Part II of this Note generally describes the FCA and the policies behind its qui tam provision, discusses policy rationales behind the use of private security contractors by the U.S. government, and highlights how security contractors like Custer Battles fit into that picture within the reality of present-day Iraq. Part III examines the reasoning of the Custer Battles court, and Part IV critiques that reasoning and the application of precedent in this case. Part V proposes an alternative to the court's reasoning which more closely aligns with the interests …