Tort Reform And Implied Conflict Preemption, 44 J. Marshall L. Rev. 827 (2011),
2011
UIC School of Law
Tort Reform And Implied Conflict Preemption, 44 J. Marshall L. Rev. 827 (2011), Martin A. Kotler
UIC Law Review
No abstract provided.
One Day Criminal Careers: The Armed Career Criminal Act's Different Occassions Provisions, 44 J. Marshall L. Rev. 963 (2011),
2011
UIC School of Law
One Day Criminal Careers: The Armed Career Criminal Act's Different Occassions Provisions, 44 J. Marshall L. Rev. 963 (2011), Jenny W.L. Osborne
UIC Law Review
No abstract provided.
The United States Of Immigration: A Nation In Crisis. How Fear Has Shaped Immigration Law And Has Led Us To Question Basic Constitutional Rights, 45 J. Marshall L. Rev. 205 (2011),
2011
UIC School of Law
The United States Of Immigration: A Nation In Crisis. How Fear Has Shaped Immigration Law And Has Led Us To Question Basic Constitutional Rights, 45 J. Marshall L. Rev. 205 (2011), Patrycja Rynduch
UIC Law Review
No abstract provided.
Legal Education And Civility,
2011
American University Washington College of Law
Legal Education And Civility, Mark Niles
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Migratory Connectivity And The Conservation Of Migratory Animals,
2011
American University Washington College of Law
Migratory Connectivity And The Conservation Of Migratory Animals, David Hunter
Scholarly Articles in Law Reviews & Journals
No abstract provided.
William Howard Taft And The Taft Arbitration Treaties,
2011
California Western School of Law
William Howard Taft And The Taft Arbitration Treaties, John E. Noyes
Faculty Scholarship
Part I of this Essay explains Taft's interest in international law, placing it in historical context. Part II, outlines key features of the treaties and explores the debate over their ratification. Part III then reflects on the significance of the treaties.
Paul Verkuil's Projects For The Administrative Conference Of The U.S. 1974-1992,
2011
American University Washington College of Law
Paul Verkuil's Projects For The Administrative Conference Of The U.S. 1974-1992, Jeffrey Lubbers
Scholarly Articles in Law Reviews & Journals
I am really happy to be part of this tribute to Paul Verkuil. It may surprise those in the audience to learn that I am bringing some needed diversity to today's proceedings - I am the only other Dutch American on the program! But perhaps my twenty years at the "Administrative Conference" also qualifies me to say a few words about how thrilled I am that we have it back - "ACUS 2.0" we can call it, complete with a website this time- and that Paul is at its helm. And I want to thank Paul for bringing me back …
Acus 2.0 And Its Historical Antecedents,
2011
American University Washington College of Law
Acus 2.0 And Its Historical Antecedents, Jeffrey Lubbers
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Information Anxieties,
2011
University of Michigan Law School
Information Anxieties, G. S. Hans
Michigan Telecommunications & Technology Law Review
The constant access and instant publication that the Internet allows have given every pundit an online soapbox. This content explosion has created two related problems for consumers and industry: how to find valuable content online (whatever "valuable" means) and how to moderate the flow of the content itself. Tim Wu argues in The Master Switch that the second issue of content control and mediation has been fiercely debated in the United States as far back as the invention of the telephone in the late nineteenth century. Consumers, creators, companies, and government officials have disputed the appropriate regulations for the devices …
How To Hold A State Constitutional Convention In The Twenty-First Century, 44 Loy. L.A. L. Rev. 603 (2011),
2011
John Marshall Law School
How To Hold A State Constitutional Convention In The Twenty-First Century, 44 Loy. L.A. L. Rev. 603 (2011), Ann Lousin
UIC Law Open Access Faculty Scholarship
Although few states have held constitutional conventions in recent decades, there is renewed interest in holding state constitutional conventions in the twenty-first century. This Essay explains the author's views on holding such a convention, based on her experience in Illinois and with a view toward a California convention. The author believes that the two keys to a successful convention in the twenty-first century are extensive preparation and transparency. Only with preparation can the delegates and staff of a convention draft a document worthy of adoption. Only with great transparency of the process, especially in the Internet age, can the citizens …
We Don't Want Dollars, Just Change: Narrative Counter-Terrorism Strategy, An Inclusive Model For Social Healing, And The Truth About Torture Commission, 6 Nw. J. L. & Soc. Pol'y 1 (2011),
2011
John Marshall Law School
We Don't Want Dollars, Just Change: Narrative Counter-Terrorism Strategy, An Inclusive Model For Social Healing, And The Truth About Torture Commission, 6 Nw. J. L. & Soc. Pol'y 1 (2011), Kim D. Chanbonpin
UIC Law Open Access Faculty Scholarship
In 2007, Professor Eric K Yamamoto acknowledged that reparations theory and practice had reached a crossroads and called for a new strategic framework that reparations advocates could utilize in working to achieve redress for social and historical wrongs. This Article attempts to answer Yamamoto's call. In it, I situate my proposal for a truth commission to redress the post-9/11 torture program in a new Inclusive Model for Social Healing. In the past, reparations advocates have relied on litigation-a strategic model that excludes participants other than the named parties-to
obtain redress. By increasing the number of stakeholders in a reparations scheme, …
How Leadership In International Criminal Law Is Shifting From The United States To Europe And Asia: An Analysis Of Spending On And Contributions To International Criminal Courts, 55 St. Louis U. L.J. 953 (2011),
2011
The John Marshall Law School, Chicago
How Leadership In International Criminal Law Is Shifting From The United States To Europe And Asia: An Analysis Of Spending On And Contributions To International Criminal Courts, 55 St. Louis U. L.J. 953 (2011), Stuart K. Ford
UIC Law Open Access Faculty Scholarship
No abstract provided.
Opening Remarks,
2011
Columbia University
Opening Remarks, Peter T. Coleman
Cardozo Journal of Conflict Resolution
No abstract provided.
Constitutional Revision: Are Seriatim Amendments Or Constitutional Conventions The Better Way To Amend A State Constitution?, 115 Penn St. L. Rev. 1099 (2011),
2011
John Marshall Law School
Constitutional Revision: Are Seriatim Amendments Or Constitutional Conventions The Better Way To Amend A State Constitution?, 115 Penn St. L. Rev. 1099 (2011), Ann M. Lousin
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Freedom Of Information Act Trial, 61 Am. U. L. Rev. 217 (2011),
2011
UIC School of Law
The Freedom Of Information Act Trial, 61 Am. U. L. Rev. 217 (2011), Margaret B. Kwoka
UIC Law Open Access Faculty Scholarship
This Article examines the paucity of Freedom of Information Act (FOIA) cases that go to trial and courts' preference for resolving these disputes at the summary judgment stage. Using traditional legal analysis and empirical evidence, this Article explores whether we should expect FOIA cases to go to trial and how the scarcity of FOIA trials compares to the trial rate in civil litigation generally. It concludes that the unusual use of summary judgment in FOIA cases has unjustifiably all but eliminated FOIA trials, which occur in less than 1 % of FOIA cases. It further examines how conducting FOIA trials …
What Do We Mean By An Independent Judiciary, 38 Ohio N.U. L. Rev. 133 (2011),
2011
John Marshall Law School
What Do We Mean By An Independent Judiciary, 38 Ohio N.U. L. Rev. 133 (2011), Michael P. Seng
UIC Law Open Access Faculty Scholarship
Issues continue to arise about judicial independence in the United States. The term judicial independence is often not defined with precision. Judicial independence has its roots in the doctrine of separation of powers. It is also grounded in due process and in ethical standards that require judges to be competent and impartial decision-makers. Judicial independence depends upon society having faith in the integrity of the courts. Accountability is thus the handmaid of an independent judiciary. This article defines both the structures and the ethical standards that ensure an independent judiciary.
Criminalizing Hate: America's Legislative Response To Bias Crime,
2011
New York Law School
Criminalizing Hate: America's Legislative Response To Bias Crime, Bryce Therrien, Nadia-Elysse Harris
Tribeca Square Press
No abstract provided.
Lindbergh Baby Kidnapping; And Nebbia V. New York,
2011
University of Michigan Law School
Lindbergh Baby Kidnapping; And Nebbia V. New York, Howard Bromberg
Book Chapters
Contributions by Howard J. Bromberg to The Thirties in America, a collection of short essays.
Women Behind The Wheel: Gender And Transportation Law, 1860-1930,
2011
University of Michigan Law School
Women Behind The Wheel: Gender And Transportation Law, 1860-1930, Margo Schlanger
Book Chapters
Gender difference is only infrequently mentioned in recent negligence cases. To contemporary (mostly non-essentialist) eyes, gender difference seems to appear only mildly relevant to tort law's area of concern: care and harm to others and self. But in the early days of modern tort law, when gender differences loomed larger in the consciousness of American jurists, and unabashedly so, judicial opinions more frequently grappled with how negligence doctrine ought to take account of female difference. This chapter explores opinions published between approximately 1860 and 1930 that illuminate this issue in cases involving women drivers and passengers of cars and wagons. …
Ancient Laws, Yet Strangely Modern: Biblical Contract And Tort Jurisprudence,
2011
University of Florida Levin College of Law
Ancient Laws, Yet Strangely Modern: Biblical Contract And Tort Jurisprudence, Richard H. Hiers
UF Law Faculty Publications
People generally, and even most biblical scholars, tend to view biblical law as, at best, a random patchwork of odd and antiquated commandments and rules. The present Article demonstrates that many biblical laws can be understood to have functioned in biblical time, in ways remarkably similar to various laws characterized in modern Anglo-American jurisprudence as contract and tort law. In particular, the Article points out that the biblical tort laws found in Exodus 21:18 through 22:17 are structured along lines closely parallel to concepts found in modern tort law jurisprudence. Many of the biblical laws considered here give expression to …
