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- Faculty Publications (11)
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Articles 1 - 30 of 47
Full-Text Articles in Law
Nuance And Complexity In Regulatory Takings Law, Gregory M. Stein
Nuance And Complexity In Regulatory Takings Law, Gregory M. Stein
Scholarly Works
No abstract provided.
The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax
The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Price Of Pretrial Release: Can We Afford To Keep Our Fourth Amendment Rights?, Melanie Wilson
The Price Of Pretrial Release: Can We Afford To Keep Our Fourth Amendment Rights?, Melanie Wilson
Scholarly Works
This Article looks at the intersection of the Fourth Amendment, which protects Americans' personal security against arbitrary and oppressive searches by law enforcement officials, and the Eighth Amendment, which proscribes excessive bail. The focus is on the validity and effectiveness of an arrested person's agreement to relinquish some or all of her Fourth Amendment rights as a means of gaining freedom from pre-trial detention. In other words, can an arrested person validly "consent" to waive some of her Fourth Amendment rights to avoid pre-trial detention? Recently, in a case of first impression in the federal courts of appeal, the Ninth …
Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace
Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace
Celebrating the Centennial of the Antiquities Act (October 9)
Presenter: Professor Mark Squillace, Director, Natural Resources Law Center, University of Colorado School of Law
35 slides
Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband
Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband
Celebrating the Centennial of the Antiquities Act (October 9)
13 pages.
Includes bibliographical references
Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband
Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband
Celebrating the Centennial of the Antiquities Act (October 9)
Presenter: Professor James R. Rasband, Brigham Young University School of Law
20 slides
Mid-Atlantic Ethics Committee Newsletter, Fall 2006-Winter 2007
Mid-Atlantic Ethics Committee Newsletter, Fall 2006-Winter 2007
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Palazzolo, The Public Trust, And The Property Owner's Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan
Faculty Publications
No abstract provided.
Using Dvd Covers To Teach Weight Of Authority, Michael J. Higdon
Using Dvd Covers To Teach Weight Of Authority, Michael J. Higdon
Scholarly Works
Using various examples, this essay explores how the movie critic quotes that companies select to grace the cover of DVDs (and ultimately help sell the product) can actually be used to teach students about weight of authority.
For A New Order In The Court, Bruce Ledewitz
For A New Order In The Court, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Mid-Atlantic Ethics Committee Newsletter, Summer 2006
Mid-Atlantic Ethics Committee Newsletter, Summer 2006
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Irish Legal System.Com; An Educational Game About The Irish Legal System, Peter Dee
Irish Legal System.Com; An Educational Game About The Irish Legal System, Peter Dee
Dissertations
The major project is about the design, development and implementation of an educational game which focuses on the Irish legal system. The written report describes how the idea for the game came about, how the project was managed and implemented, and how it works to provide the user with information about principal areas of law in Ireland. The project involved four phases across a fifteen week calendar schedule. Each phase was broken down into separate steps to enable easier management. Milestones were used to indicate progress and best practices were followed throughout each stage of the project. Research material and …
What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone
What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone
Faculty Publications
No abstract provided.
Common Law Property Metaphors On The Internet: The Real Problem With The Doctrine Of Cybertrespass, Shyamkrishna Balganesh
Common Law Property Metaphors On The Internet: The Real Problem With The Doctrine Of Cybertrespass, Shyamkrishna Balganesh
All Faculty Scholarship
The doctrine of cybertrespass represents one of the most recent attempts by courts to apply concepts and principles from the real world to the virtual world of the Internet. A creation of state common law, the doctrine essentially involved extending the tort of trespass to chattels to the electronic world. Consequently, unauthorized electronic interferences are deemed trespassory intrusions and rendered actionable. The present paper aims to undertake a conceptual study of the evolution of the doctrine, examining the doctrinal modifications courts were required to make to mould the doctrine to meet the specificities of cyberspace. It then uses cybertrespass to …
Keep These Branches Untangled, Bruce Ledewitz
Keep These Branches Untangled, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Poisoning The Well: Law & Economics And Racial Inequality, Robert E. Suggs
Poisoning The Well: Law & Economics And Racial Inequality, Robert E. Suggs
Faculty Scholarship
The standard Law & Economics analysis of racial discrimination has stunted our thinking about race. Its early conclusion, that laws prohibiting racial discrimination were unnecessary and wasteful, discredited economic analysis of racial phenomena within the civil rights community. As a consequence we know little about the impact of racial discrimination on commercial transactions between business firms. Laws do not prohibit racial discrimination in transactions between business firms, and the disparity in business revenues between racial minorities and the white mainstream dwarfs disparities in income by orders of magnitude. This disparity in business revenues is a major factor in the persistence …
Protecting Posterity: Economics, Abortion, Politics, And The Law, Bruce Ledewitz
Protecting Posterity: Economics, Abortion, Politics, And The Law, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
A Psychology Of Emotional Legal Decision Making: Revulsion And Saving Face In Legal Theory And Practice, Peter H. Huang, Christopher J. Anderson
A Psychology Of Emotional Legal Decision Making: Revulsion And Saving Face In Legal Theory And Practice, Peter H. Huang, Christopher J. Anderson
Publications
Professor Martha C. Nussbaum is an accomplished scholar in an impressive variety of fields. Drawing on her diverse academic backgrounds, Nussbaum has written extensively about emotions and their importance for law from the perspective of her primary specialty, philosophy. Her book Hiding from Humanity criticizes the roles that two particular emotions, disgust and shame, play in the law. Its central thesis is that, as legal actors, we should be wary of disgust and shame because indulging in those emotions allows us to hide from our humanity - both our humanity in the general sense and also those specific features of …
Air Passenger Rights:A New Departure In European Aviation Law, Niall Neligan
Air Passenger Rights:A New Departure In European Aviation Law, Niall Neligan
Articles
The purpose of this article is to critically evaluate the legal and economic implications of the framework for passenger rights under Regulation 261/2004 in light of the recent decision of the Court of Justice in International Air Transport Association v The Department of Transport . This article will examine in detail the Regulation,
outlining the major provisions contained within, the legal challenge brought by the International Air Transport Association (“IATA”) and the European Low Fares Association (“ELFA”) and the impact
it will have on passenger rights in the European Union. Furthermore, the article will conclude by examining how national enforcement …
Trade, Law And Product Complexity, Katharina Pistor, Daniel Berkowitz, Johannes Moenius
Trade, Law And Product Complexity, Katharina Pistor, Daniel Berkowitz, Johannes Moenius
Faculty Scholarship
How does the quality of national institutions that enforce the rule of law influence international trade? Anderson and Marcouiller argue that bad institutions located in the importer’s country deter international trade because they enable economic predators to steal and extort rents at the importer’s border. We complement this research and show how good institutions located in the exporter’s country enhance international trade, in particular, trade in complex products whose characteristics are difficult to fully specify in a contract. We argue that both exporter and importer institutions affect international as well as domestic transaction costs in complex and simple product markets. …
Lord Of The Flies: The Development Of Rules Within An Adolescent Culture, Nancy B. Rapoport
Lord Of The Flies: The Development Of Rules Within An Adolescent Culture, Nancy B. Rapoport
Scholarly Works
This essay, included in the book SCREENING JUSTICE--THE CINEMA OF LAW: Significant Films of Law, Order and Social Justice (Rennard Strickland, Teree E. Foster & Tauyna Lovell Banks, eds., William S. Hein & Co. 2006), discusses the development of the law in Goldman's Lord of the Flies and raises the question of whether an island populated by a mix of boys and girls - or an island populated by only girls - would have developed a different law.
The Visible Brain: Confidentiality And Privacy Implications Of Functional Magnetic Resonance Imaging, Stacey A. Tovino
The Visible Brain: Confidentiality And Privacy Implications Of Functional Magnetic Resonance Imaging, Stacey A. Tovino
Scholarly Works
Functional magnetic resonance imaging (fMRI) has built on a number of technologies, including electroencephalography, magnetoencephalography, positron emission tomography, and single-photon emission computed tomography, to become one of the decade’s most powerful tools for mapping sensory, motor, and cognitive function. Scientists also are using fMRI to study the neural correlates of a range of conditions, characteristics, and social behaviors, including severe brain injury, major depression, schizophrenia, dyslexia, cocaine addiction, compulsive gambling, pedophilia, racial evaluation, deception, cooperation, altruism, and even sexual preference. Poised to move outside the research context, fMRI and its ability to detect correlations between brain activations and sensitive and …
Cross-Disciplinary Assessment: Bringing Law Students And Expert Witnesses Together, Judith M. Marychurch
Cross-Disciplinary Assessment: Bringing Law Students And Expert Witnesses Together, Judith M. Marychurch
Faculty of Law - Papers (Archive)
This paper will discuss the author’s experience in instituting an innovative cross-disciplinary assessment task between undergraduate LLB Evidence students and postgraduate Master of Forensic Accounting (MFA) students, in which students participate in a mock witness examination. LLB students act as legal counsel, conducting examination and cross-examination of postgraduate students acting as expert forensic accounting witnesses.
Intellectual Property Law In Southeast Asia: Recent Legislative And Institutional Developments, Christoph Antons
Intellectual Property Law In Southeast Asia: Recent Legislative And Institutional Developments, Christoph Antons
Faculty of Law - Papers (Archive)
Over the last few decades, countries belonging to the Association of Southeast Asian Nations (ASEAN) all had to revise their intellectual property systems. These revisions resulted at first from bilateral pressure of major trading partners such as the US and EU, then from the WTO-TRIPS Agreement and more recently from bilateral Free Trade Agreements. To observe the IP developments in ASEAN over this period is interesting, because this group of countries covers developed (Singapore), developing as well as least developed countries. All countries had to reform their outdated laws from the colonial era in very short time. However, in comparison …
Harmonising Australian Environmental Law: An Australian Oceans Act For Australia’S Oceans, G. L. Rose, C. Smythe
Harmonising Australian Environmental Law: An Australian Oceans Act For Australia’S Oceans, G. L. Rose, C. Smythe
Faculty of Law - Papers (Archive)
A synopsis of a dicussion paper canvassing a new national approach to marine management: an Australian Oceans Act and an Australian Oceans Authority. The Australian Conservation Foundation and National Environmental Law Association launched the discussion paper in March 2006 about the future of Australia’s laws for its oceans.
Legal Frameworks For Integrated Marine Environmental Management, G. L. Rose
Legal Frameworks For Integrated Marine Environmental Management, G. L. Rose
Faculty of Law - Papers (Archive)
The Australian federal government is rethinking its policy-based approach to integrated marine environmental management. Does effective coordination of oceans management activities require an overarching legislative framework? Should legislation operate to enforce cross-jurisdictional coordination? Can it also assure cross-sectoral integration? This paper explores possible answers to these questions, considering options for a legal framework for integrated marine environmental management in a federal context.
Report On The Comparative Analysis Of Compliance Mechanisms, G. L. Rose
Report On The Comparative Analysis Of Compliance Mechanisms, G. L. Rose
Faculty of Law - Papers (Archive)
Compliance mechanisms under 19 selected multilateral environment agreements are analysed and compared. Existing and potential interlinkages and synergies between their compliance mechanisms are identified trhough the analysis and a survey of international and national practice. The objective is to define strategic opportunities at the international level to use the compliance mechanisms to strengthen national implementation. The erport concludes with a draft action plan.
The Detention Of Material Witnesses And The Fourth Amendment, Joseph G. Cook
The Detention Of Material Witnesses And The Fourth Amendment, Joseph G. Cook
Scholarly Works
No abstract provided.
Behavioral Genetics And Crime, In Context, Owen D. Jones
Behavioral Genetics And Crime, In Context, Owen D. Jones
Vanderbilt Law School Faculty Publications
This Article provides an introduction to some of the key issues at the intersection of behavioral genetics and crime.
It provides, among other things, an overview of the emerging points of consensus, scientifically, on what behavioral genetics can and cannot tell us about criminal behavior. It also discusses a variety of important implications (as well as complexities) of attempting to use insights of behavioral genetics in legal contexts.
Space, Place, And Speech: The Expressive Topography, Timothy Zick
Space, Place, And Speech: The Expressive Topography, Timothy Zick
Faculty Publications
No abstract provided.