Date of Publication:
Royal C. Gardner, Legal Considerations, in Conservation and Biodiversity Banking (Nathaniel Carroll et al. eds., Routledge, 2007)Clicking on the button will copy the full recommended citation.
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:
Royal C. Gardner, Rapanos and Wetland Mitigation Banking, in The Supreme Court and the Clean Water Act: Five Essays (Vermont Law School's Land Use Institute, Vermont Journal of Environmental Law, 2007)Clicking on the button will copy the full recommended citation.
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.
Date of Publication:
Ellen S. Podgor, Essay, A New Corporate World Mandates a “Good Faith” Affirmative Defense, 44 Am. Crim. L. Rev. 1537 (2007)Clicking on the button will copy the full recommended citation.
In the aftermath of corporate scandals and the establishment of the President's Corporate Fraud Task Force, the Department of Justice has moved with a new emphasis to curb corporate criminality. Congress has also imposed new legislation with stricter compliance and more stringent oversight to curtail corporate criminality. Corporations for the most part have met these new demands and instituted effective compliance programs to prevent and detect criminal conduct. Yet despite these efforts, corporations with the best of motives, with the best of efforts, and with the utmost in due diligence, can still find themselves the subject of a criminal prosecution. This Essay advocates that this new landscape should allow corporations to argue a good faith affirmative defense.
Date of Publication:
Mark D. Bauer, Give the Lady What She Wants-As Long as It’s Macy’s, 80 Temp. L. Rev. 949 (2007)Clicking on the button will copy the full recommended citation.
In 2005, Federated Department Stores, which does business as Macy's and Bloomingdales, acquired May Company Department Stores for $17 billion. Federal antitrust regulators took no action against this merger and in fact released an unprecedented statement explaining the decision to permit the merger.
State antitrust regulators demanded that Federated sell approximately 20% of the former May stores, including branches of L.S. Ayres, Marshall Field, Lord & Taylor, Filenes, Hecht and Strawbridge & Clothier. In the fall of 2006, Federated sold the remaining Lord & Taylor stores to a private investment group. Substantially all of the stores remaining with Federated were converted to the Macy's nameplate; a few were converted to Bloomingdales.
The Federal Trade Commission's (FTC) decision that this merger did not substantially lessen competition under the Clayton Act raises important questions.
First, the FTC suggested there was no antitrust product market comprised of conventional department stores, or middle-market department stores. Numerous retail studies, the department stores' own market studies and the common sense experience of most consumers suggest otherwise.
Second, FTC's unusual public statement listed reasons that the merger would not substantially lessen competition. Many of these reasons do not stand up to closer scrutiny.
Third, through an empirical study created for this article that compares prices before and after the merger, Federated appears to have significantly raised prices throughout the United States.
For these reasons, it is likely that the Federated/May merger did in fact substantially lessen competition in the conventional department store market.
Date of Publication:
Ellen S. Podgor, Throwing Away the Key, 116 Yale L.J. Forum (2007)Clicking on the button will copy the full recommended citation.