Date of Publication:
Catherine J. Cameron and Jeffrey J. Minneti, Using Student Learning Preferences to Compare and Contrast Objective Memo Writing with Essay Exam Writing, 22 Second Draft 10 (2008)Clicking on the button will copy the full recommended citation.
Date of Publication:
Brooke J. Bowman, Learning Citations: Just in Time and Through a Variety of Learning Styles, 22 The Second Draft 4 (2008)Clicking on the button will copy the full recommended citation.
A citation exercise for the millennials and all types of learning styles.
Date of Publication:
Luz Estella Nagle, Selling Souls: The Effect of Globalization on Human Trafficking and Forced Servitude, 26 Wis. Int'l L.J. 131 (2008)Clicking on the button will copy the full recommended citation.
Globalization and regional integration have contributed to human trafficking becoming the fastest growing and the third most widespread criminal enterprise in the world after drugs and weapons trafficking. The rush to integrate trading blocs and to compete in the international marketplace has led unscrupulous entrepreneurs and international criminal organizations to create a supply chain of men, women, and children for exploitation in agriculture, manufacturing, services industries, construction, and worst of all, sexual servitude in the sex tourism industry. The crimes perpetrated by human traffickers constitute egregious human rights abuses and crimes against international law. This article examines the nexus between globalization and human trafficking, why human trafficking is growing at a alarming rate worldwide, and what can be done by nation states to control and stop this most insidious international crime.
Date of Publication:
Kirsten K. Davis, The Jr. Faculty Forum: A Venue for Emerging Scholarship, AALS New Law Professors Section Newsletter (2007)Clicking on the button will copy the full recommended citation.
Date of Publication:
Judith A.M. Scully, Seeing Color, Seeing Whiteness, Making Change: One Woman’s Journey in Teaching Race and American Law, 39 U. Tol. L. Rev. 59 (2007)Clicking on the button will copy the full recommended citation.
In this article Judith Scully, a law professor, who identifies as a member of the Caribbean and African Diaspora , shares her personal and academic perspective of the experience and challenges faced in teaching Race, Racism, and American Law in a predominantly white institution. The article describes the emotional challenges of teaching this course and suggests ways to help students deconstruct their own belief/value systems. It also provides key ingredients needed in teaching this course such as empathic listening, allowing students to set the ground rules for dialogue and it includes a description of a typical first class meeting and how ground rules set the stage for an honest dialogue on race and American jurisprudence. Central to this discussion about race and American law are the legal history of the doctrine of colorblindness as established in Plessy v. Ferguson, and the concept of “white privilege” which is necessary for white students to understand when they are attempting to examine their own racial identity. This article includes a discussion of how white privilege is confounded by poverty and how the students often prefer to analyze the effect of poverty on one’s identity rather than have to wrestle with the impact that race has on one’s privilege and access to power. The article concludes that teaching a course such as this is a welcome challenge and is essential to raising race consciousness, to building sensitivity to the role of law in redressing and enforcing racial inequalities, and to examining the essential role of lawyers in both the justice system and community action initiatives.
Date of Publication:
Rebecca C. Morgan, The Uniform Guardianship and Protective Proceedings Act of 1997 – Ten Years of Developments, 37 Stetson L. Rev. 1 (2007)Clicking on the button will copy the full recommended citation.
Date of Publication:
Kirsten K. Davis, Commenting and Conversation, 22 Second Draft 14 (2007)Clicking on the button will copy the full recommended citation.
Date of Publication:
Kristen David Adams, The American Law Institute: Justice Cardozo’s Ministry of Justice?, 32 S. Ill. U. L.J. 173 (2007)Clicking on the button will copy the full recommended citation.
This paper explores an influential reform agenda - the notion of a Ministry of Justice - advanced by Justice Benjamin Nathan Cardozo, one of the American Law Institute's founding members. The article in which Justice Cardozo introduced the concept of a Ministry of Justice was published in the Harvard Law Review the very month that the exploratory committee was formed that ultimately recommended the formation of the American Law Institute, and two years before the Institute itself was founded. This article explores the extent, if any, to which the reform agenda that Justice Cardozo propounded in this famous article was fulfilled by the founding of the Institute.
Date of Publication:
Joseph F. Morrissey, Rhetoric and Reality: Investor Protection and the Securities Regulation Reform of 2005, 56 Cath. U. L. Rev. 561 (2007)Clicking on the button will copy the full recommended citation.
Amidst all the recent publicity surrounding government action in combating corporate wrong-doing (passage of the Sarbanes-Oxley Act and the prosecution of the top brass at Enron and other scandal-ridden companies) little attention has been focused on the dramatic reform of the securities regulations that was enacted in late 2005. This article attempts to survey and assess the merits of that reform.
The new regulations essentially provide that most companies no longer have to comply with basic restrictions on the securities offering process that have been the cornerstone of the securities regulatory regime since its inception in 1933. Chief among these restrictions are those pertaining to communications. Where communications have traditionally been widely curtailed during a new offering of securities to the public, the new reforms now allow most companies to communicate with the public relatively freely. Further, the heightened liability that attached to communications prior to the reforms will not apply to the new free communications. In the name of efficiency the restrictions and heightened liability have been eliminated. At the same time, I will argue, investors actually are being left more vulnerable to potential manipulations of corporate wrongdoers. In addition, the article will directly call into question whether the SEC has in fact exceeded its rule making authority by altering so dramatically the very character of the regulatory regime that the Securities Act sought to construct.
Date of Publication:
Michèle Alexandre, Lessons from Islamic Polygamy: A Case for Expanding the American Concept of Surviving Spouse So As to Include De Facto Polygamous Spouses, 64 Wash. & Lee L. Rev. 1461 (2007)Clicking on the button will copy the full recommended citation.
While polygamy. is illegal in the United States, forms of it are still practiced either overtly, pursuant to religious traditions, or covertly, by the maintenance of two or more family units. As a result, any claims, disputes, or abuses that arise in the context of de facto polygamous unions remain irremediable. My focus, in this Article, is not to advocate that polygamy should be legally recognized. Nor is it my purpose to debate the viability or of polygamy. Instead, I am concerned with affording legal remedies for vulnerable individuals living and operating in de facto polygamous unions. In light of the thousands of individuals living in some form of multi-party unions, I propose that it is imperative to construct adequate legal options remedies for the parties involved in these unions. In this Article, I evaluate how a women-centric interpretation of the Qur'anic treatment of Islamic polygamy might help us assess how to best protect American women involved in de facto polygamous unions. In addition, I advocate a redefinition of the concept of the surviving spouse in American estate distribution will help to legally protect de facto spouses in the inheritance context. Finally, I further propose that the common law marriage doctrine be used to help prove the existence of de facto polygamous unions.