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Ann Piccard, Judicial Activism or Judicial Independence? From Marbury v. Madison to Bush v. Gore, a Cautionary Tale for Democracy, Journal of the International Bar Association (2006)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, A New Dimension to the Prosecution of White Collar Crime: Enforcing Extraterritorial Social Harms, 37 McGeorge L. Rev. 83 (2006)Clicking on the button will copy the full recommended citation.
David McNab and David Pasquantino were sentenced to prison for very different crimes, but in both cases the laws of another country served as a basis for the United States prosecutions. This Article examines and analyzes the McNab and Pasquantino cases, and in this process considers the issues faced when a prosecution is premised on another country's laws. For example, a key issue in the McNab case was whether the United States correctly interpreted Honduran law. In Pasquantino, the Court struggled with the use of a generic federal statute, wire fraud, to prosecute conduct that violates the revenue laws of another country.
A question explored in this Article is whether a United States prosecution should be allowed when the supposed harm caused by the criminal conduct is predominantly a harm to another country. This Article recommends that extraterritorial prosecutions, including those in the United States that use foreign law, need to give more recognition to the location of the social harm.
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Michèle Alexandre, Dance Halls, Masquerades, Body Protest and the Law: The Female Body As A Redemptive Tool Against Trinidad’s Gender-Biased Laws, 13 Duke J. Gender L. & Pol'y 177 (2019)Clicking on the button will copy the full recommended citation.
This article proposes that feminist jurisprudence considers the female body as a tool for redemption and liberation and showcases certain Trinidadian women as examples of women who use their bodies to fight patriarchy. The term body protest is coined in this article to describe women's use of the female body as a mode of expression, and as a tool for liberation and transformation. The article argues that when reading these women's bodies, we witness an organic feminism, which should lead us (academic feminists) to recognize our own internalized sexism, and limitations in arguing for women's liberation. It uses the example of Trinidadian women to reach a deeper understanding of the role of the body in gender liberation. The article also attempts to further the feminist discourse by demonstrating how embracing the female body as redemptive can lead to a more liberated, inclusive and effective feminist agenda.
The recent discussions elicited by the Katelyn Faber vs. Kobe Bryant case in 2003 and the Supreme Court's treatment of female bodily expressions in the nude cases reveal underlying assumptions about female bodily expressions that perpetuate patriarchy. Sexual profiling infiltrates all areas of life. It has even affected feminist jurisprudence's treatment of the female body. Consequently, recognizing the underlying presence of sexual profiling in legal and feminists' evaluations of female bodily expression is essential to advancing any women-centric legal reforms.
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Stephanie Vaughan and Jack M. Graves, The Willem C. Vis International Commercial Arbitration Moot: Making the Most of an Extraordinary Educational Opportunity, 10 Vindobona Journal of International Commercial Law and Arbitration 173 (2006)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Teaching a Live Synchronous Distance Learning Course: A Student Focused Approach, 2006 U. Ill. J.L. Tech. & Pol'y 263 (2006)Clicking on the button will copy the full recommended citation.
This article provides an organized list of considerations in teaching a live synchronous electronic education class. It offers a detailed course planning checklist.
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Michèle Alexandre, At the Intersection of Post-911 Immigration Practices and Domestic Policies: Can Katrina Serve as a Catalyst for Change?, 26 Chicano-Latino L. Rev. 155 (2006)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Blogs and the Promotion and Tenure Letter, 84 Wash. U. L. Rev. 1109 (2006)Clicking on the button will copy the full recommended citation.
Should blogs count as legal scholarship for purposes of tenure? This essay looks at the line between legal scholarship and service. It considers the value of blogging and the role it should play in a person's tenure review.
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Paul Boudreaux, A Case for Recognizing Unenumerated Powers of Congress, 9 N.Y.U. J. Legis. & Pub. Pol'y 551 (2006)Clicking on the button will copy the full recommended citation.
Many federal statutes are justified constitutionally as the regulation of interstate commerce. But it is disingenuous to characterize the Endangered Species Act, anti-discrimination law, and many criminal statues in this way. This article argues that it would be more honest, more straightforward, and better for the nation to recognize explicitly that Congress holds certain unenumerated powers. Using principles developed in the field of unenumerated individual constitutional rights, the article suggests categories for such rights, including fields in which states are discouraged from acting, fields that involve foreign affairs, and fields that implicate national symbols and future ideals. These limits would in turn offer hope for a strengthened system of federalism.
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Linda S. Anderson, Protecting Parent-Child Relationships: Determining Parental Rights of Same-Sex Parents Consistently Despite Varying Recognition of Their Relationship, 5 Pierce L. Rev. 1 (2006)Clicking on the button will copy the full recommended citation.
This article discusses the potentially unseen effects of the different ways states recognize children of same-sex partners. It considers how states can allow or ban civil unions or same-sex marriages without causing uncertainty regarding parental rights and responsibilities. The article proposes changes to the Uniform Parentage Act and state statutes that would cause them to focus on the parent-child relationship rather than on the relationship of the parents.