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Michael S. Finch, The Fair Use Doctrine, in The Encyclopedia of American Civil Liberties (Paul Finkelman ed., Routledge, 2006)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Materiality as an Element of Obstruction, in Martha Stewart's Legal Troubles (Joan Macleod Hemingway ed., Carolina Academic Press, 2006)Clicking on the button will copy the full recommended citation.
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Michael S. Finch, Fairness Doctrine, in The Encyclopedia of American Civil Liberties (Paul Finkelman ed., Routledge, 2006)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Incorporating Transnational Law in First Year Criminal Law and Procedure Classes, 56 J. Legal Educ. 444 (2006)Clicking on the button will copy the full recommended citation.
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James W. Fox, Edwards v. California, in Encyclopedia of American Civil Liberties (Routledge Reference, 2006)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Book Review, Money Laundering and Legal Globalization: Where Does the United States Stand on this Issue?, 5 Wash. U. Global Stud. L. Rev. 151 (2006)Clicking on the button will copy the full recommended citation.
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James W. Fox, Privileges and Immunities, in Encyclopedia of American Civil Liberties (Routledge Reference, 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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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.
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James W. Fox, Intimations of Citizenship: Repressions and Expressions of Equal Citizenship in the Era of Jim Crow, 50 How. L.J. 113 (2006)Clicking on the button will copy the full recommended citation.
On first blush the Jim Crow Era may seem an odd place to locate anything meaningful about democratic, equal citizenship and the promise of the fourteenth amendment. This article argues to the contrary. The period of Jim Crow, in its negation of democratic citizenship, in fact reveals import aspects about the nature of democratic citizenship. This occurred in two ways. First, whites who implemented white supremacy implicitly understood that freedom and citizenship manifest themselves in a multiplicity of spheres, which is why white supremacists sought to subordinate blacks not just politically but across all social spheres. Second, the resistance to comprehensive subordination revealed the multiplicity of the spirit of freedom and equality in actions and arguments African Americans. African Americans created spaces of democratic citizenship within the dominant culture of subordination. This article suggests that, in studying both the implementation of white supremacy and the resistance to it, we can learn more about how equal and democratic citizenship can be affirmed and implemented rather than negated, and also about the role of law as a tool for both subordination and resistance.