Marcella David | Florida State University (original) (raw)
Papers by Marcella David
Social Science Research Network, Oct 17, 2001
Journal of Legal Education, 2001
... To succeed, Chloe must convince the court that a. the school's decision is not rationally... more ... To succeed, Chloe must convince the court that a. the school's decision is not rationally related to a legitimate state interest. ... he says, "In my exam instructions I expressly warned the students to bring the correct pencil." Or he might respond, "The proctor distributed pencils, and ...
A cease-and-desist letter is a tool commonly used by corporations in their efforts to vindicate t... more A cease-and-desist letter is a tool commonly used by corporations in their efforts to vindicate the rights they hold in protected words and symbols associated with their business and reputation. Some defend the use of cease-and-desist letters as an effective vehicle. to quickly address legitimate claims of infringement. Others complain that the legitimate use of cease and-desist letters is increasingly encroached upon by letters that grossly overstate legal claims in an effort to achieve results through intimidation. The proponents and detractors of the use of cease-and-desist letters likely would agree that the rights such letters seek to protect, the law interpreting those rights, and the use of the letters in protection of those rights are complicated by the exponential growth of e-commerce, and that the rise in do-it yourself e-commerce only compounds the challenges. This article examines the consequences of a notorious and controversial cease-and-desist letter from several pers...
Insights on Law Society, 2011
Fordham Law Review, 1994
In this Article the authors critically examine the Supreme Court's recent decision in Shaw v. Ren... more In this Article the authors critically examine the Supreme Court's recent decision in Shaw v. Reno, which held that a North Carolina minority-majority voting district of "dramatically irregular" shape is subject to strict scrutiny, absent sufficient race-neutral explanations for its boundaries. While the authors assert that such race-conscious redistricting will meet the burdens of strict scrutiny, given the peculiar history of the southern states, they here argue that Shaw is fundamentally flawed They examine the history of political racism in North Carolina leading up to the 1991 redistricting plan. They then examine the Court's misguided presumptions that race-conscious districting plans are akin to political apartheid and segregation, reinforce racial stereotypes, and damage our system of democracy. The authors argue that minority-majority congressional districts-unlike apartheid and segregation-are intended to include racial minorities in the politics from which they were for so long locked out, thereby furthering pluralism in Congrest The authors therefore call on the Court to modify Shaw before its misguided reliance on shape and appearance over intent and history results in a rollback of recent political gains by African-Americans, gains which have brought America a step closer to the ideal of a truly representative democracy.
Transnational Law Contemporary Problems, 2013
Journal of Gender Race Justice, 2000
Journal of Intergroup Relations, 1998
Minnesota Journal of Law Science and Technology, Jul 1, 2013
Transnational Law Contemporary Problems, 2001
Transnational Law Contemporary Problems, 2001
Michigan Law Review, 1988
Human Rights Quarterly, 2001
On January 10, 2000, something remarkable occurred in the chambers of the United Nations Security... more On January 10, 2000, something remarkable occurred in the chambers of the United Nations Security Council: the Council agreed to consider whether Auto-Immune Deficiency Syndrome ("AIDS") and the burgeoning AIDS crisis in sub-Saharan Africa is a matter of international peace and security deserving of Council oversight. This unprecedented consideration of a health issue as a possible security threat recognized the considerable death toll attributed to the AIDS pandemic and the high infection rate in sub-Saharan Africa. However, does this crisis - serious as it is - warrant viewing international peace and security so expansively? And if disease can constitute a threat against peace, how soon before other causes of deprivation and horror give rise to Security Council jurisdiction? In this article I argue that the approval of this initiative should concern, and not comfort, the global community. The proposal represents yet a further expansion of the Security Council's role in international and domestic affairs; if the Council accepts this invitation to dabble in the area of public health, it risks straining the interpretation of its mandate past the shattering point. Further, if the Council's powers are so expanded, the Council will have nearly unlimited power to intervene in matters of domestic concern that are intended by the Charter to be beyond the Council's reach. One may be tempted to accept the risk of future abuse of power by recognizing the AIDS epidemic as a truly unique exigency. But what would be gained by the exercise of Security Council jurisdiction? In this article I further demonstrate the practical and legal limitations on Council action to curb the spread of AIDS in sub-Saharan Africa. Simply put, the proposal is dangerous because it is unworkable and meaningful action unlikely, as demonstrated in my "Top Ten Reasons Why the United Nations Security Council Should Not Involve Itself in the AIDS Epidemic in Africa."
Human Rights Quarterly, 2001
On January 10, 2000, something remarkable occurred in the chambers of the United Nations Security... more On January 10, 2000, something remarkable occurred in the chambers of the United Nations Security Council: the Council agreed to consider whether Auto-Immune Deficiency Syndrome ("AIDS") and the burgeoning AIDS crisis in sub-Saharan Africa is a matter of international peace and security deserving of Council oversight. This unprecedented consideration of a health issue as a possible security threat recognized the considerable death toll attributed to the AIDS pandemic and the high infection rate in sub-Saharan Africa. However, does this crisis - serious as it is - warrant viewing international peace and security so expansively? And if disease can constitute a threat against peace, how soon before other causes of deprivation and horror give rise to Security Council jurisdiction? In this article I argue that the approval of this initiative should concern, and not comfort, the global community. The proposal represents yet a further expansion of the Security Council's role in international and domestic affairs; if the Council accepts this invitation to dabble in the area of public health, it risks straining the interpretation of its mandate past the shattering point. Further, if the Council's powers are so expanded, the Council will have nearly unlimited power to intervene in matters of domestic concern that are intended by the Charter to be beyond the Council's reach. One may be tempted to accept the risk of future abuse of power by recognizing the AIDS epidemic as a truly unique exigency. But what would be gained by the exercise of Security Council jurisdiction? In this article I further demonstrate the practical and legal limitations on Council action to curb the spread of AIDS in sub-Saharan Africa. Simply put, the proposal is dangerous because it is unworkable and meaningful action unlikely, as demonstrated in my "Top Ten Reasons Why the United Nations Security Council Should Not Involve Itself in the AIDS Epidemic in Africa."
Harv. Int'l. LJ, 1999
... into consideration Libya's fears of military reprisal); id. at 85 (Ajibola, J., ... more ... into consideration Libya's fears of military reprisal); id. at 85 (Ajibola, J., dissenting) (noting that Libya's characterization of American and British threats had been "to some extent... explained away" by the United States and the ...
Social Science Research Network, Oct 17, 2001
Journal of Legal Education, 2001
... To succeed, Chloe must convince the court that a. the school's decision is not rationally... more ... To succeed, Chloe must convince the court that a. the school's decision is not rationally related to a legitimate state interest. ... he says, "In my exam instructions I expressly warned the students to bring the correct pencil." Or he might respond, "The proctor distributed pencils, and ...
A cease-and-desist letter is a tool commonly used by corporations in their efforts to vindicate t... more A cease-and-desist letter is a tool commonly used by corporations in their efforts to vindicate the rights they hold in protected words and symbols associated with their business and reputation. Some defend the use of cease-and-desist letters as an effective vehicle. to quickly address legitimate claims of infringement. Others complain that the legitimate use of cease and-desist letters is increasingly encroached upon by letters that grossly overstate legal claims in an effort to achieve results through intimidation. The proponents and detractors of the use of cease-and-desist letters likely would agree that the rights such letters seek to protect, the law interpreting those rights, and the use of the letters in protection of those rights are complicated by the exponential growth of e-commerce, and that the rise in do-it yourself e-commerce only compounds the challenges. This article examines the consequences of a notorious and controversial cease-and-desist letter from several pers...
Insights on Law Society, 2011
Fordham Law Review, 1994
In this Article the authors critically examine the Supreme Court's recent decision in Shaw v. Ren... more In this Article the authors critically examine the Supreme Court's recent decision in Shaw v. Reno, which held that a North Carolina minority-majority voting district of "dramatically irregular" shape is subject to strict scrutiny, absent sufficient race-neutral explanations for its boundaries. While the authors assert that such race-conscious redistricting will meet the burdens of strict scrutiny, given the peculiar history of the southern states, they here argue that Shaw is fundamentally flawed They examine the history of political racism in North Carolina leading up to the 1991 redistricting plan. They then examine the Court's misguided presumptions that race-conscious districting plans are akin to political apartheid and segregation, reinforce racial stereotypes, and damage our system of democracy. The authors argue that minority-majority congressional districts-unlike apartheid and segregation-are intended to include racial minorities in the politics from which they were for so long locked out, thereby furthering pluralism in Congrest The authors therefore call on the Court to modify Shaw before its misguided reliance on shape and appearance over intent and history results in a rollback of recent political gains by African-Americans, gains which have brought America a step closer to the ideal of a truly representative democracy.
Transnational Law Contemporary Problems, 2013
Journal of Gender Race Justice, 2000
Journal of Intergroup Relations, 1998
Minnesota Journal of Law Science and Technology, Jul 1, 2013
Transnational Law Contemporary Problems, 2001
Transnational Law Contemporary Problems, 2001
Michigan Law Review, 1988
Human Rights Quarterly, 2001
On January 10, 2000, something remarkable occurred in the chambers of the United Nations Security... more On January 10, 2000, something remarkable occurred in the chambers of the United Nations Security Council: the Council agreed to consider whether Auto-Immune Deficiency Syndrome ("AIDS") and the burgeoning AIDS crisis in sub-Saharan Africa is a matter of international peace and security deserving of Council oversight. This unprecedented consideration of a health issue as a possible security threat recognized the considerable death toll attributed to the AIDS pandemic and the high infection rate in sub-Saharan Africa. However, does this crisis - serious as it is - warrant viewing international peace and security so expansively? And if disease can constitute a threat against peace, how soon before other causes of deprivation and horror give rise to Security Council jurisdiction? In this article I argue that the approval of this initiative should concern, and not comfort, the global community. The proposal represents yet a further expansion of the Security Council's role in international and domestic affairs; if the Council accepts this invitation to dabble in the area of public health, it risks straining the interpretation of its mandate past the shattering point. Further, if the Council's powers are so expanded, the Council will have nearly unlimited power to intervene in matters of domestic concern that are intended by the Charter to be beyond the Council's reach. One may be tempted to accept the risk of future abuse of power by recognizing the AIDS epidemic as a truly unique exigency. But what would be gained by the exercise of Security Council jurisdiction? In this article I further demonstrate the practical and legal limitations on Council action to curb the spread of AIDS in sub-Saharan Africa. Simply put, the proposal is dangerous because it is unworkable and meaningful action unlikely, as demonstrated in my "Top Ten Reasons Why the United Nations Security Council Should Not Involve Itself in the AIDS Epidemic in Africa."
Human Rights Quarterly, 2001
On January 10, 2000, something remarkable occurred in the chambers of the United Nations Security... more On January 10, 2000, something remarkable occurred in the chambers of the United Nations Security Council: the Council agreed to consider whether Auto-Immune Deficiency Syndrome ("AIDS") and the burgeoning AIDS crisis in sub-Saharan Africa is a matter of international peace and security deserving of Council oversight. This unprecedented consideration of a health issue as a possible security threat recognized the considerable death toll attributed to the AIDS pandemic and the high infection rate in sub-Saharan Africa. However, does this crisis - serious as it is - warrant viewing international peace and security so expansively? And if disease can constitute a threat against peace, how soon before other causes of deprivation and horror give rise to Security Council jurisdiction? In this article I argue that the approval of this initiative should concern, and not comfort, the global community. The proposal represents yet a further expansion of the Security Council's role in international and domestic affairs; if the Council accepts this invitation to dabble in the area of public health, it risks straining the interpretation of its mandate past the shattering point. Further, if the Council's powers are so expanded, the Council will have nearly unlimited power to intervene in matters of domestic concern that are intended by the Charter to be beyond the Council's reach. One may be tempted to accept the risk of future abuse of power by recognizing the AIDS epidemic as a truly unique exigency. But what would be gained by the exercise of Security Council jurisdiction? In this article I further demonstrate the practical and legal limitations on Council action to curb the spread of AIDS in sub-Saharan Africa. Simply put, the proposal is dangerous because it is unworkable and meaningful action unlikely, as demonstrated in my "Top Ten Reasons Why the United Nations Security Council Should Not Involve Itself in the AIDS Epidemic in Africa."
Harv. Int'l. LJ, 1999
... into consideration Libya's fears of military reprisal); id. at 85 (Ajibola, J., ... more ... into consideration Libya's fears of military reprisal); id. at 85 (Ajibola, J., dissenting) (noting that Libya's characterization of American and British threats had been "to some extent... explained away" by the United States and the ...