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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.
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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.
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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.
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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.
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Kirsten K. Davis, Commenting and Conversation, 22 Second Draft 14 (2007)Clicking on the button will copy the full recommended citation.
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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.
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Paul Boudreaux, A New Clean Water Act, 37 Envtl. L. Reporter News and Analysis 10171 (2007)Clicking on the button will copy the full recommended citation.
The Supreme Court’s new federalism has struck its strongest blows so far on the Clean Water Act. In 2007, a sharply divided Court nearly struck down a large chunk of the Act’s protection of wetlands and other small waterways – five years after an earlier decision had narrowed the reach of the Act because of its supposed overreaching into state prerogative. Why has the Clean Water Act been the Court’s favorite target? One reason is that the statute was fatally flawed when enacted. Congress chose to cover "navigable waters," but its practical definition has never been clear. The result is a statutory and jurisprudential mess, with lessons that extend across issues of constitutional law, statutory construction, and, of course, federalism. This article proposes to jettison the Act’s reliance on the misguided term "navigable waters." Instead, the statute should directly regulate activities that substantially affect interstate commerce, such as fisheries, migratory birds, floods, and agriculture. An Act whose limits are tied to the law of the commerce power would be shielded from the federalist ax.
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Elizabeth Ippolito Boals, State v. Sanchez: Case File and Teaching Guide (1st ed., NITA, 2007)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, The Rhetoric of Accommodation: Considering the Language of Work/Family Discourse, 3 U. St. Thomas L.J. 530 (2007)Clicking on the button will copy the full recommended citation.
The language used to describe work-family issues reflects certain ways of thinking about the interconnectedness and segmentation of work and family. "Accommodate" or "accommodation" is a word that is often used in discussions about policies that apply to work and family. This article uses a cluster method of rhetorical analysis to look at the history of "accommodation" in legal discourse. It concludes that the use of the word "accommodation" in other legal contexts can constrain the ways of envisioning the roles, relationships, and possibilities for work and family in discussions about work-family policies.
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Candace Zierdt and Ellen S. Podgor, Corporate Deferred Prosecution through the Looking Glass of Contract “Policing”, 96 Ky. L.J. 1 (2007)Clicking on the button will copy the full recommended citation.
This article examines deferred and non-prosecution agreements entered into between corporations and the Department of Justice (DOJ) through the lens of contract policing theory. It adds a new dimension to the contractual law now applicable to plea bargains and proffer agreements by suggesting key provisions that should be prohibited in deferred prosecution agreements. Three provisions common to many deferred prosecution agreements, or used by the government as leverage to secure a deferred prosecution agreement, are of particular interest here. These are: (1) the requirement of a corporation to waive its attorney-client privilege; (2) the determination of a breach of the agreement being within the sole province of the government; and (3) the provision that corporations not abide by previously negotiated contract terms that allow the corporation to pay the attorney fees of corporate employees. Specifically, this article examines the viability of specific provisions within these agreements when matched up against contract policing principles such as duress and unconscionability. This article concludes that corporations are deprived of basic contract rights as a result of the over-powering prosecutorial power used in reaching these agreements.