Yakima Herald-Republic articles from May 2005

Yakima Herald-Republic archives from May 2005

Dissenting by deciding.
May 1, 2005... INTRODUCTION I. THE FORM DISSENT TAKES A. The Identity of the Dissenter B. What Makes Dissenting by Deciding Different? II. THE RELATIONSHIP BETWEEN FORM AND FUNCTION: DISSENTING BY DECIDING AND THE GOALS OF DISSENT A. The...

Does affirmative action reduce the number of black lawyers?(response to Richard H. Sander, Stanford Law Review, vol. 57, p. 367, November 2004)
May 1, 2005... INTRODUCTION I. ESTIMATING THE IMPACT OF AFFIRMATIVE ACTION ON THE NUMBER OF BLACK LAWYERS A. The "White Median Tier" B. The Impact of Eliminating Affirmative Action II. TESTING THE MISMATCH HYPOTHESIS A. The Relative Tier...

The real impact of eliminating affirmative action in American law schools: an empirical critique of Richard Sander's study.(response to Richard H. Sander, Stanford Law Review, vol. 57, p. 367, November 2004)
May 1, 2005... INTRODUCTION I. THE EFFECTS OF ENDING AFFIRMATIVE ACTION ON THE PRODUCTION OF AFRICAN AMERICAN ATTORNEYS A. The Effects on Law School Applications, Admissions, and Matriculation 1. Sander's projections are based on 2001...

The big muddy.(response to Richard H. Sander, Stanford Law Review, vol. 57, p. 367, November 2004)
May 1, 2005... I. HEAT II. LIGHT III. QUALITY CONTROL I. HEAT On March 23, 1989, Stanley Pons and Martin Fleischmann held a press conference at the University of Utah to announce to the world that they had sustained nuclear fusion in a beaker...

A systematic response to systemic disadvantage: a response to Sander.(response to Richard H. Sander, Stanford Law Review, vol. 57, p. 367, November 2004)
May 1, 2005... I. THE NOT-SO-GOLDEN AGE II. MAKING ELITE BLACK LAWYERS III. JUST MAKING IT IV. SOME STRAIGHT TALK ABOUT STRAIGHT TALK Consider the following story: On November 22, 2004, Anthony R. Chase, CEO of ChaseCom, a call-center provider...

A reply to critics.(response to article by Ian Ayres and others in this issue, p. 1807, 1855, 1899, 1915)
May 1, 2005... INTRODUCTION I. REVISITING THE MISMATCH HYPOTHESIS A. Comparing Whites and Blacks B. The Curvilinear Effect of Grades on Outcomes C. Black-on-Black Comparisons D. The "Second-Choice" Analysis: A Valid Way to Do...

Interpreting rule 68 to conform with the Rules Enabling Act.
May 1, 2005... INTRODUCTION I. FEDERAL COURTS' INTERPRETATION OF MAREK A. The Majority of Circuits Read Marek Narrowly to Prohibit the Prevailing Plaintiff from Recovering Its Attorney's Fees but Not to Require the Plaintiff to Pay the...

Four theses: preliminary to an appeal to equity.
May 1, 2005... INTRODUCTION I. ARISTOTLE ON EPIEIKEIA II. THESIS 1: ARISTOTELIAN EQUITY HAS BEEN RECEIVED INTO WESTERN LAW NUMEROUS TIMES, AND THIS RECEPTION IS ONGOING III. THESIS 2: ARISTOTELIAN EQUITY IS NOT PRIMARILY LEGAL IV. THESIS 3: THERE IS...

Gendered justice: do male and female judges rule differently on questions of gay rights?
May 1, 2005... INTRODUCTION: WHEN AND WHERE I ENTER I. GENDERED JUSTICE A. The Dataset B. Results 1. Age and decision year 2. Region 3. Political party 4. Method selected and jurisdictional level C....

Beyond Breimhorst: appropriate accommodation of students with learning disabilities on the SAT.(Case Note)
May 1, 2005... INTRODUCTION I. SOME STUDENTS WITH LEARNING DISABILITIES QUALIFY FOR PROTECTION UNDER FEDERAL LAW AND DESERVE ACCOMMODATION ON THE SAT A. Definition of Learning Disability B. Learning Disabilities Under Federal Law C....

Perilous Times: Free Speech in Wartime, From the Sedition Act of 1798 to the War on Terrorism.(Book Review)
May 1, 2005... The Wily Agitator and the American free speech tradition PERILOUS TIMES: FREE SPEECH IN WARTIME: FROM THE SEDITION ACT OF 1798 TO THE WAR ON TERRORISM. By Geoffrey R. Stone. New York, NY: W.W. Norton & Co., 2004. In this important book...