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Ellen S. Podgor, Gideon at 40: Facing the Crisis, Fulfilling the Promise, 41 Am. Crim. L. Rev. 131 (2004)Clicking on the button will copy the full recommended citation.
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Paul Boudreaux, Vouchers, Buses, and Flats: The Persistence of Social Segregation, 44 Vill. L. Rev. 55 (2004)Clicking on the button will copy the full recommended citation.
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Mark D. Bauer, Small Liberal Arts Colleges, Fraternities, and Antitrust: Rethinking Hamilton College, 53 Cath. U. L. Rev. 347 (2004)Clicking on the button will copy the full recommended citation.
When small liberal arts colleges, particularly those in the Northeastern United States, abolish fraternities and sororities, they may be violating the antitrust laws. Additionally, by removing what may be the only viable competitor for room and board services for students in the small towns that host these liberal arts colleges, these schools are then free to raise room and board prices, at least to the level of their most expensive competitor. Since small liberal arts colleges in the Northeast are typicall the most expensive colleges in the country, and since their charges are outliers for all colleges, these increases in room and board prices may provide cover for increases in colleges across the United States.
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James W. Fox, Democratic Citizenship and Congressional Reconstruction: Defining and Implementing the Privileges and Immunities of Citizenship, 13 Temp. Pol. & Civ. Rts. L. Rev. 453 (2004)Clicking on the button will copy the full recommended citation.
This article, which is part of a symposium volume entitled "Vision and Revision: The Fourteenth Amendment", considers the implementation of the Fourteenth Amendment during Reconstruction through the lens of democratic citizenship. I argue that Reconstruction can profitably be seen as an exploration of the possible meanings of democratic citizenship, conducted at a time when emancipation forced upon politicians and political thinkers questions about the real-world meaning of citizenship. Congress confronted the necessity of implementing actual privileges, rather than merely proclaiming vague ideals, and did so by enacting a spate of federal legislation throughout Reconstruction designed to implement citizenship and its privileges. I argue that these enactments, when considered in conjunction with the activities of the Freedmen's Bureau and with the arguments and actions of African-American leaders and political actors such as John Mercer Langston, demonstrate a nascent concept of democratic citizenship encompassing a range of activities in civil society - including family, religion, politics, commerce, and education - which were seen as essential to the implementation of full citizenship. Along the way I also challenge the standard historical interpretation that the Reconstruction Era legal and political actors assumed a rather clear division of rights into the three tiers of civil, political, and social, and the even more disputable idea that they "meant" to exclude social rights from national citizenship protection. The Article concludes with some thoughts on the possible meanings of a democratic citizenship vision of the Fourteenth Amendment for modern interpreters.
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Kristen David Adams, The Folly of Uniformity: Lessons from the Restatement Movement, 33 Hofstra L. Rev. 423 (2004)Clicking on the button will copy the full recommended citation.
This article examines the unique application of the Restatements as de facto common law in the Virgin Islands. Applying an evolutionary biology metaphor, the article examines the way in which this decision by the Virgin Islands Senate may have made a substantive difference in the common law as it developed in the Virgin Islands. Part of the point of this article is that the Senate's decision may have implications that reach beyond the Virgin Islands. The purpose of this article is to provide some guidance to judges so that they may act more purposefully in choosing to follow the Restatements, ensuring that the resultant body of law reflects the dynamism, concerns of fit and fairness, and deliberate decision-making that are ultimately so important to the authority of law.
The article concludes by recommending that courts take seriously the way in which the Restatements have changed since their inception, and not simply apply them automatically, as many have done. The article also recommends that courts take seriously the way in which Restatement created common law like that in the Virgin Islands may be substantively different from that which is developed in a more traditional fashion. Looking at some of the excellent judicial approaches that have been crafted in the Virgin Islands both clearly illustrates the potential problem with the automatic application of any Restatement and provides valuable guidance in creating a meaningful solution.
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Kristen David Adams, Can Promise Enforcement Save Affordable Housing in the United States?, 41 San Diego L. Rev. 643 (2004)Clicking on the button will copy the full recommended citation.
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Roy Balleste, The International Status of Jerusalem: The Legacy of Lasting Peace, 43 Revista de Derecho Puertorriqueno 249 (2004)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle, Colombia Asylum Seekers: What Practitioners Should Know about the Colombia Crisis, 18 Geo. Immigr. L.J. 441 (2004)Clicking on the button will copy the full recommended citation.
The decades-long internal armed conflict in Colombia has created a mass migration of Colombian nationals from all levels of Colombian society to flee to the United States in search of political asylum and a chance to start new lives. Many asylum seekers have been subjected to unspeakable abuse and persecution by illegal armed groups and political movements that employ violence to assert power over citizens. The government has been largely unable to protect many people caught up in political turmoil, in part due institutional corruption and the effects of Colombia being a weak state in terms of its government institutions and inability to protect the constitutional and human rights of all Colombian citizens. While many asylum seekers have legitimate claims for asylum in the United States, at the same time, some Colombians seek to misuse asylum protections as a way to gain entry into the United States. The author suggests that a “formula” circulates throughout the Colombian immigrant community for unscrupulous individuals to follow to make claims for asylum for which they are not entitled. This article examines real claims for asylum and how some Colombians rely on the naiveté of American lawyers and judges to juice the system and gain asylum under false and manufactured pretenses. The article weaves a cautionary tale for what immigration lawyers should know about what is really happening in Colombia and what warning signs they should look for in determining the veracity of Colombian asylum claims.
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Luz Estella Nagle, Placing Blame Where Blame is Due: The Culpability of Illegal Armed Groups and Narcotraffickers in Colombia’s Environmental and Human Rights Catastrophes, 29 William and Mary Envtl. L. and Policy Review 1 (2004)Clicking on the button will copy the full recommended citation.
Environmental devastation of man-made origin threaten some of the most sensitive regions of Colombia, where the biodiversity found there is among the most unique in the world. Deforestation due to the cultivation and processing of coca and opium, the collateral damage to the environment from drug interdiction and eradication programs, and the slash and burn agriculture practiced by farmers involved in drug production and displaced indigenous groups forced out of their homelands by drug traffickers have had a drastic impact on Colombia’s precious national resources. The spillover effect of drug trafficking has also impacted sensitive environments in neighboring states, as well. For too long, the illegal armed groups and narcotraffickers causing the environmental devastation have gone without being held accountable for their damaging practices, and the inability of the Colombian government to confront drug-related environmental damage has resulted in increased stress on Colombia biodiversity and indigenous territories. This article examines the impact of drug cultivation and processing on the Colombian environment, the laws and enforcement capacity of the nation to fight it, and looks at how the nation and the international community can curtail the loss of more of Colombia’s natural treasures.
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Kirsten K. Davis and Tamara Herrera, The ALWD Citation Manual: A Practice-Driven Improvement, 40 Arizona Attorney 24 (2004)Clicking on the button will copy the full recommended citation.
This article describes the reasons for the ALWD manual, the similarities and differences between the ALWD Manual and Bluebook, and describes why the ALWD Manual is a both a useful teaching and citation tool.