Comparative Theory, Judges And Legal Transplants: A Practical Lesson From Singapore And Its Relevance To Transnational Convergence,
2014
Singapore Management University
Comparative Theory, Judges And Legal Transplants: A Practical Lesson From Singapore And Its Relevance To Transnational Convergence, Basil C. Bitas
Research Collection Yong Pung How School Of Law
Legal evolution in a hyper-connected world will increasingly come through, or otherwise be informed by, legal borrowing and transplants from without whether in the form of laws, techniques, concepts or simple inspiration. The pressures of globalisation and the resulting need for some form of operational, transnational convergence and harmonisation will require diverse legal systems to seek out the best rules and approaches regardless of provenance to address the demands of the modern legal and commercial environment. Judges, particularly in common law jurisdictions, will be at the forefront of this process of transnational legal selection fraught with both promise and peril. …
Deference, Chenery, And Foia,
2014
University of Maryland Francis King Carey School of Law
Deference, Chenery, And Foia, Margaret B. Kwoka
Maryland Law Review
No abstract provided.
Systemic Barriers To Effective Assistance Of Counsel In Plea Bargaining,
2014
Washington University in Saint Louis School of Law
Systemic Barriers To Effective Assistance Of Counsel In Plea Bargaining, Peter A. Joy, Rodney J. Uphoff
Scholarship@WashULaw
In a trio of recent cases, Padilla v. Kentucky, Missouri v. Frye, and Lafler v. Cooper, the U.S. Supreme Court has focused its attention on defense counsel's pivotal role during the plea bargaining process . At the same time that the Court has signaled its willingness to consider ineffective assistance of counsel claims at the plea stage, prosecutors are increasingly requiring defendants to sign waivers that include waiving all constitutional and procedural errors, even unknown ineffective assistance of counsel claims such as those that proved successful in Padilla and Frye. Had Jose Padilla and Galin Frye been forced to sign …
Inmates For Rent, Sovereignty For Sale: The Global Prison Market,
2014
Washington University in St. Louis School of Law
Inmates For Rent, Sovereignty For Sale: The Global Prison Market, Benjamin Levin
Scholarship@WashULaw
In 2009, Belgium and the Netherlands announced a deal to send approximately 500 Belgian inmates to Dutch prisons, in exchange for an annual payment of £26 million. The arrangement was unprecedented, but justified as beneficial to both nations: Belgium had too many prisoners and not enough prisons, whereas the Netherlands had too many prisons and not enough prisoners. The deal has yet to be replicated, nor has it triggered sustained criticism or received significant scholarly treatment. This Article aims to fill this void by examining the exchange and its possible implications for a global market in prisoners and prison space. …
Redefining Genomic Privacy: Trust And Empowerment,
2014
Duke Law School
Redefining Genomic Privacy: Trust And Empowerment, Yaniv Erlich, James B. Williams, David Glazer, Kenneth Yocum, Nita A. Farahany, Maynard Olson, Arvind Narayanan, Lincoln D. Stein, Jan A. Witkowski, Robert C. Kain
Faculty Scholarship
Fulfilling the promise of the genetic revolution requires the analysis of large datasets containing information from thousands to millions of participants. However, sharing human genomic data requires protecting subjects from potential harm. Current models rely on de-identification techniques in which privacy versus data utility becomes a zero-sum game. Instead, we propose the use of trust-enabling techniques to create a solution in which researchers and participants both win. To do so we introduce three principles that facilitate trust in genetic research and outline one possible framework built upon those principles. Our hope is that such trust-centric frameworks provide a sustainable solution …
Immigration's Family Values,
2014
Duke Law School
Immigration's Family Values, Kerry Abrams, R. Kent Piacenti
Faculty Scholarship
No abstract provided.
The First Thing We Do,
2014
Touro College Jacob D. Fuchsberg Law Center
The First Thing We Do, Jorge R. Roig
Scholarly Works
There is currently a concerted effort to dumb down America. In the midst of this, the American Bar Association’s Council of the Section on Legal Education and Admissions to the Bar recently agreed to propose that tenure for law professors be eliminated as a requirement for accreditation of law schools. This article analyzes the arguments for and against tenure in legal academia, and concludes that the main proposed justifications for eliminating tenure are highly questionable, at best. A lawyer is more than a legal technocrat. Lawyers are policy makers and public defenders. They are prosecutors and activists. And the development …
¿Con La Misma Vara? Los Altibajos De La Igual Protección De Las Leyes En Las Opiniones Del Juez Federico Hernández Denton,
2014
Touro College Jacob D. Fuchsberg Law Center
¿Con La Misma Vara? Los Altibajos De La Igual Protección De Las Leyes En Las Opiniones Del Juez Federico Hernández Denton, Jorge R. Roig
Scholarly Works
La carrera del juez presidente Federico Hernández Denton como juez del Tribunal Supremo de Puerto Rico abarca cuatro distintas décadas durante las cuales la sociedad puertorriqueña ha experimentado dramáticos cambios. Desde los intentos por eliminar el hostigamiento sexual y la violencia doméstica hasta el desarrollo de los derechos civiles de los individuos y las parejas homosexuales; desde el cierre de las urbanizaciones adineradas y el enclaustre de la clase media hasta los despidos masivos en el gobierno y la constitucionalización de las escoltas de los ex gobernadores; los cambios experimentados por los puertorriqueños no nos han tocado a todos por …
Learning From Detroit,
2014
Touro Law Center
Learning From Detroit, Michael Lewyn
Scholarly Works
Reviews a recent book about Detroit's problems.
Suburban Sprawl: Weaker But Still Alive,
2014
Touro Law Center
Suburban Sprawl: Weaker But Still Alive, Michael Lewyn
Scholarly Works
Review of The End of the Suburbs, by Leigh Gallagher.
Legal Instrumentalism And The Lsa: A 'Movie Treatment',
2014
Allard School of Law at the University of British Columbia
Legal Instrumentalism And The Lsa: A 'Movie Treatment', Toby S. Goldbach
All Faculty Publications
In the 2nd half century, LSA should entertain the death/rebirth of “law as a tool for social change.” We innovate by examining the artifacts of an instrumental genre of knowledge and by investigating our impulse to invent varieties of normative technologies.
Women In The Criminal Justice System In Irleand,
2013
Technological University Dublin
Women In The Criminal Justice System In Irleand, Mary Rogan
Conference Papers
This paper examines the use of imprisonment for women in Ireland.
Protecting The Faithful From Their Faith: A Proposal For Snake-Handling In West Virginia,
2013
West Virginia University College of Law
Protecting The Faithful From Their Faith: A Proposal For Snake-Handling In West Virginia, Robert W. Kerns Jr.
West Virginia Law Review
In the hills of Appalachia sing the hymns of the faithful, preaching a belief in the handling of snakes to prove loyalty to God. In West Virginia, persons may take up poisonous reptiles and pass them amidst crowds in the name of religion without legal restraints. While other states prohibit snake- handling in the name of safety, West Virginia law remains void on the issue. This Article introduces the practice of snake-handling and examines the risks posed by taking up poisonous animals whose bite may cause serious injury or death. This Article then suggests how the West Virginia law may …
Actmissions,
2013
SUNY Buffalo Law School
Actmissions, Luis E. Chiesa
West Virginia Law Review
Most observers agree that it is morally worse to cause harm by engaging in an act than to contribute to producing the same harm by an omission. As a result, American criminal law punishes harmful omissions less than similarly harmful acts, unless there are exceptional circumstances that warrant punishing them equally. Yet there are many cases in which actors cause harm by engaging in conduct that can be reasonably described as either an act or an omission. Think of a doctor who flips a switch that discontinues life support to a patient. If the patient dies as a result, did …
The Paradoxes Of Restitution,
2013
William Mitchell College of Law
The Paradoxes Of Restitution, Mark A. Edwards
West Virginia Law Review
Restitution following mass dispossession is often considered both ideal and impossible. Why? This Article identifies two previously unnamed paradoxes that undermine the possibility of restitution: the time-unworthiness paradox and the collective responsibility paradox. After developing these ideas, the Article examines them in the context of a particularly difficult and intractable case of dispossession and restitution. The Article draws upon interviews with restitution claimants whose stories reveal the paradoxes of restitution.
The Battle Over The Embryo: How West Virginia Should Legally Define The Embryo And Regulate Embryo Adoption,
2013
West Virginia University College of Law
The Battle Over The Embryo: How West Virginia Should Legally Define The Embryo And Regulate Embryo Adoption, Alyssa Lechmanik
West Virginia Law Review
No abstract provided.
Aiding The Enemy Or Promoting Democracy? Defining The Rights Of Journalists And Whistleblowers To Disclose National Security Information,
2013
West Virginia University College of Law
Aiding The Enemy Or Promoting Democracy? Defining The Rights Of Journalists And Whistleblowers To Disclose National Security Information, Candice M. Kines
West Virginia Law Review
No abstract provided.
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform,
2013
Seattle University School of Law
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali
Seattle University Law Review
On June 15, 2012, President Obama made an announcement that changed the lives of millions. Effective immediately, the Obama administration would implement a new program—what would come to be known as Deferred Action for Child-hood Arrivals (DACA)—offering eligible undocumented young people both a two-year respite from the haunting possibility of deportation as well as the eligibility to apply for employment authorization. While millions were elated by the President’s announcement, he also faced harsh criticism. Many claimed that his action exceeded federal statutory limits, exceeded his Executive powers, and usurped congressional authority. Still others, anxious to see comprehensive immigration reform implemented, …
Character, Liberalism, And The Protean Culture Of Evidence Law,
2013
Seattle University School of Law
Character, Liberalism, And The Protean Culture Of Evidence Law, Daniel D. Blinka
Seattle University Law Review
It is time to rethink character evidence. Long notorious as the most frequently litigated evidence issue, character doctrine plagues courts, trial lawyers, and law students with its infamously “grotesque” array of nonsensical rules, whimsical distinctions, and arcane procedures. Character is a calculation of social worth and value; it is the sum total of what others think of us, whether expressed as their own opinion or the collective opinions of many (reputation). Once we grasp that character is a social construct, we are in a better position to address some of the problems that plague evidence law. To provide needed clarity …
Academic Freedom And Professorial Speech In The Post-Garcetti World,
2013
Seattle University School of Law
Academic Freedom And Professorial Speech In The Post-Garcetti World, Oren R. Griffin
Seattle University Law Review
Academic freedom, a coveted feature of higher education, is the concept that faculty should be free to perform their essential functions as professors and scholars without the threat of retaliation or undue administrative influence. The central mission of an academic institution, teach-ing and research, is well served by academic freedom that allows the faculty to conduct its work in the absence of censorship or coercion. In support of this proposition, courts have long held that academic freedom is a special concern of the First Amendment, granting professors and faculty members cherished protections regarding academic speech. In Garcetti v. Ceballos, the …
