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Full-Text Articles in Law

Legislating Racial Fairness In Criminal Justice, Olatunde C.A. Johnson Dec 2006

Legislating Racial Fairness In Criminal Justice, Olatunde C.A. Johnson

Faculty Scholarship

Twenty years ago, in McCleskey v. Kemp, the Supreme Court rejected a capital defendant's claim that statistical evidence of racial discrimination in the administration of Georgia's death penalty system constituted a violation of the Eighth and Fourteenth Amendments. Yet, even as McCleskey effectively bars constitutional challenges to racial disparities in the criminal justice system where invidious bias is difficult to establish, the Court invites advocates to pursue legislation as a remedy to racial disparities. Indeed, the McCleskey Court offers as a rationale for its ruling the judiciary's institutional incompetence to remedy these disparities, holding that "McCleskey's ...


Sentencing For The 'Crime Of Crimes': The Evolving 'Common Law' Of Sentencing Of The International Criminal Tribunal For Rwanda, Robert Sloane Dec 2006

Sentencing For The 'Crime Of Crimes': The Evolving 'Common Law' Of Sentencing Of The International Criminal Tribunal For Rwanda, Robert Sloane

Faculty Scholarship

Absent much prescriptive guidance in its Statute or other positive law, the International Criminal Tribunal for Rwanda (ICTR) has been developing, in effect, a 'common law' of sentencing for the most serious international crimes: genocide and crimes against humanity. While it remains, as the Appeals Chamber has said, premature to speak of an emerging 'penal regime', and the coherence in sentencing practice that this denotes, this comment offers some preliminary reflections on the substantive law and process of sentencing as it has evolved through ICTR practice. Above all, I argue, sentencing must, but has not yet, become an integral part ...


Replacing The Federal Income Tax With A Postpaid Consumption Tax: Preliminary Thoughts Regarding A Government Matching Program For Wealthy Investors And A New Tax Policy Lens, J. Clifton Fleming Jr. Dec 2006

Replacing The Federal Income Tax With A Postpaid Consumption Tax: Preliminary Thoughts Regarding A Government Matching Program For Wealthy Investors And A New Tax Policy Lens, J. Clifton Fleming Jr.

Faculty Scholarship

In recent years, proposals have been made to replace the federal income tax with a postpaid consumption tax - that is, a federal value added tax ("VAT"), a federal retail sales tax ("RST"), or a federal cash-flow (consumed income) tax. Because these taxes can be constructed so that they are indistinguishable at the level of the ultimate consumer in terms of their principal effects, and because a prominent recent proposal is the RST approach, I have written this article in terms of an RST/income tax comparison. The analysis, however, would be mostly the same if the income tax was compared ...


Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen Dec 2006

Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen

Faculty Scholarship

International institutions are almost exclusively reactive to violations of international law. There are very few systemic methods of proactively trying to prevent egregious violations such as genocide; rather, international law seems to take punishing violators as its sole approach. In modern times, most of the punishment and post-event enforcement has come through international courts and tribunals. These courts and tribunals are astoundingly expensive and notoriously inefficient. More importantly, the threat of prosecution does not appear to act as an effective deterrent in preventing criminal acts. This is unacceptable. With hundreds of thousands of lives at stake, the international community must ...


Blogging While Untenured And Other Extreme Sports, A. Christine Hurt, Tung Yin Dec 2006

Blogging While Untenured And Other Extreme Sports, A. Christine Hurt, Tung Yin

Faculty Scholarship

No abstract provided.


Regulating Public Morals And Private Markets: Online Securities Trading, Internet Gambling And The Speculation Paradox, A. Christine Hurt Dec 2006

Regulating Public Morals And Private Markets: Online Securities Trading, Internet Gambling And The Speculation Paradox, A. Christine Hurt

Faculty Scholarship

No abstract provided.


What Google Can't Teach Us About Ipo Auctions (And What It Can), A. Christine Hurt Dec 2006

What Google Can't Teach Us About Ipo Auctions (And What It Can), A. Christine Hurt

Faculty Scholarship

No abstract provided.


Find It Free And Fast On The Net: Strategies For Legal Research On The Web (2006), Michelle Rigual Dec 2006

Find It Free And Fast On The Net: Strategies For Legal Research On The Web (2006), Michelle Rigual

Faculty Scholarship

This presentation is a guide to researching legal issues on the internet. Basic search topics applicable to any database are discussed as well as specific strategies for finding free or inexpensive legal materials, effectively using new technologies such as blogs, RSS feeds, and podcasts. Additionally, attendees are warned to avoid outdated technologies and sources.


Beijing Court Orders Ministry Of Finance To Rule On Supplier's Complaints, But Skirts Broader Issue Of Schism In China's Procurement Supervision, Daniel J. Mitterhoff Dec 2006

Beijing Court Orders Ministry Of Finance To Rule On Supplier's Complaints, But Skirts Broader Issue Of Schism In China's Procurement Supervision, Daniel J. Mitterhoff

Faculty Scholarship

No abstract provided.


Database Limitations On The Evidentiary Value Of Forensic Mitochondrial Dna Evidence, Frederika A. Kaestle, Ricky A. Kittles, Andrea L. Roth, Edward J. Ungvarsky Dec 2006

Database Limitations On The Evidentiary Value Of Forensic Mitochondrial Dna Evidence, Frederika A. Kaestle, Ricky A. Kittles, Andrea L. Roth, Edward J. Ungvarsky

Faculty Scholarship

Mitochondrial DNA (mtDNA) typing is increasingly being offered in crimina/jury trials as proof that the defendant is a possible contributor of DNA found at a crime scene. As a prerequisite to introducing such evidence, the prosecution typically must estimate the frequency in the general population of the mtDNA sequence found in the defendant and the crime scene so that jurors can evaluate the probative value of the defendant's inclusion as a potential contributor. The government estimates sequence frequencies by comparing the observed sequence to sequences listed in a racially categorized mtDNA database developed and maintained by the Federal ...


Worldcat Collection Analysis Service And The Desert States Law Library Consortium, Michelle Rigual Dec 2006

Worldcat Collection Analysis Service And The Desert States Law Library Consortium, Michelle Rigual

Faculty Scholarship

In November, 2005, the eight libraries of the Desert States Law Library Consortium (University of New Mexico, University of Arizona, Arizona State University, University of Colorado, University of Denver, University of Utah, Brigham Young, and University of Nevada Las Vegas) licensed OCLC's WorldCat Collection Analysis Service (WCA). WCA is designed to provide objective information concerning the makeup of a library's collection, including subject coverage, age of materials, languages of publication and material types and audience level. Multi-institution comparisons provide detail and summary views of how two or more collections overlap or differently specialize, subdivided by subject areas, languages ...


Oclc: Worldcat Collection Analysis Service And The Desert States Law Library Consortium, Michelle Rigual Dec 2006

Oclc: Worldcat Collection Analysis Service And The Desert States Law Library Consortium, Michelle Rigual

Faculty Scholarship

Looking and benefits and best practices of WorldCat Collection Analysis in a subject-specific consortium.

In November, 2005, the eight libraries of the Desert States Law Library Consortium (University of New Mexico, University of Arizona, Arizona State University, University of Colorado, University of Denver, University of Utah, Brigham Young, and University of Nevada Las Vegas) licensed OCLC's WorldCat Collection Analysis Service (WCA). WCA is designed to provide objective information concerning the makeup of a library's collection, including subject coverage, age of materials, languages of publication and material types and audience level. Multi-institution comparisons provide detail and summary views of ...


Sublicensing From A Distressed Company: Are You Placing Your Future In The Debtor's Hands?, Michelle M. Harner, David A. Beck Nov 2006

Sublicensing From A Distressed Company: Are You Placing Your Future In The Debtor's Hands?, Michelle M. Harner, David A. Beck

Faculty Scholarship

No abstract provided.


Public Safety And Criminal Justice, Kevin Washburn Nov 2006

Public Safety And Criminal Justice, Kevin Washburn

Faculty Scholarship

Conference Transcript from The New Realism: The Next Generation of Scholarship in Federal Indian Law


Google The Gozerian And Fair Use Slimed: Copyright Again In The Technocrat's Den, Brian Sites Oct 2006

Google The Gozerian And Fair Use Slimed: Copyright Again In The Technocrat's Den, Brian Sites

Faculty Scholarship

This article considers the fair use doctrine as it applies to Google's Library Search Project and both predicts and advocates for a finding of fair use. Part I briefly reviews the past by considering the pertinent history of the fair use doctrine. It also explains the details of the current suit over Google's Library Project. Part II moves on to consider the current state of fair use analysis by reviewing 110 fair use cases and conducting simple statistical analyses. It then explains and applies the fair use doctrine to Google's project. Part III considers cases frequently compared ...


Who Decides Whether A Patient Lives Or Dies?, Diane E. Hoffmann, Jack Schwartz Oct 2006

Who Decides Whether A Patient Lives Or Dies?, Diane E. Hoffmann, Jack Schwartz

Faculty Scholarship

No abstract provided.


Therapeutic Forgetting: The Legal And Ethical Implications Of Memory Dampening, Adam Kolber Oct 2006

Therapeutic Forgetting: The Legal And Ethical Implications Of Memory Dampening, Adam Kolber

Faculty Scholarship

No abstract provided.


Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski Oct 2006

Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski

Faculty Scholarship

No abstract provided.


Absurd Results, Scrivener's Errors, And Statutory Interpretation, Andrew S. Gold Oct 2006

Absurd Results, Scrivener's Errors, And Statutory Interpretation, Andrew S. Gold

Faculty Scholarship

No abstract provided.


"Deport All The Students": Lessons Learned In An X-Treme Clinic, Stacy Caplow Oct 2006

"Deport All The Students": Lessons Learned In An X-Treme Clinic, Stacy Caplow

Faculty Scholarship

No abstract provided.


Ibm's Pragmatic Embrace Of Open Source, Pamela Samuelson Oct 2006

Ibm's Pragmatic Embrace Of Open Source, Pamela Samuelson

Faculty Scholarship

No abstract provided.


Assumption Of Risk As A Defense To Negligence, Gregory S. Sergienko Oct 2006

Assumption Of Risk As A Defense To Negligence, Gregory S. Sergienko

Faculty Scholarship

This article will revisit the history of assumption of risk in California and elsewhere and suggest that the traditional doctrine should be modified and revived, despite the contrary approach of the Restatement (Third) of Torts. In the first part of the article, I will describe the ambiguities in the statements of assumption of risk that existed before the adoption of comparative negligence. I will show that Knight v. Jewett, which rejected assumption of risk, misinterpreted Li v. Yellow Cab Co., in which the California Supreme Court adopted a comparative negligence rule. Moreover, even if the Knight case was defensible on ...


Section 632: An Expanded Basis Of Federal Jurisdiction For National Banks, Steven M. Davidoff Solomon Sep 2006

Section 632: An Expanded Basis Of Federal Jurisdiction For National Banks, Steven M. Davidoff Solomon

Faculty Scholarship

The author explains how national banks can invoke Section 632 jurisdiction more readily than in the past, thus providing a wider avenue for them to gain access to a federal forum.


Politics, Police, Past And Present: Larry Kramer's The People Themselves A Symposium On The People Themselves: Popular Constitutionalism And Judicial Review: I: Article, Christopher Tomlins Sep 2006

Politics, Police, Past And Present: Larry Kramer's The People Themselves A Symposium On The People Themselves: Popular Constitutionalism And Judicial Review: I: Article, Christopher Tomlins

Faculty Scholarship

No abstract provided.


Oy Canada! Trade's Non-Solution To "The Problem" Of U.S. Drug Prices, Daniel Gilman Aug 2006

Oy Canada! Trade's Non-Solution To "The Problem" Of U.S. Drug Prices, Daniel Gilman

Faculty Scholarship

Price disparities—price “differentiation” or “discrimination”—in pharmaceuticals markets have, in recent years, been the subject of much discussion. Price sensitivity should come as no surprise: Medicines play an increasingly important role in healthcare, while pharmaceuticals prices continue to rise. When prices vary greatly within markets or between neighboring markets, the pressure towards arbitrage is clear. This paper considers the question whether the re-importation of medicines from Canada or the EU is well advised and argues that it is not. First, we might reasonably question the extent to which we wish, as a matter of policy, to manage pharmaceuticals pricing ...


From The Wrong End Of The Telescope: A Response To Professor David Bernstein, Aaron D. Twerski, Margaret Berger Aug 2006

From The Wrong End Of The Telescope: A Response To Professor David Bernstein, Aaron D. Twerski, Margaret Berger

Faculty Scholarship

No abstract provided.


Fairness Opinions, Steven M. Davidoff Solomon Aug 2006

Fairness Opinions, Steven M. Davidoff Solomon

Faculty Scholarship

This Article re-examines the fairness opinion, as well as its role and necessity. Corporate law and regulation, as well as attitudes with respect thereto, have advanced from the hallmark time of Van Gorkom. Finance, a young discipline, has also progressed markedly, and previously held assumptions and methodologies have been rejected, refined, or revised. This Article also analyzes the fairness opinion in light of these developments in law and finance. I conclude that current fairness opinion practice is still deeply flawed. Fairness opinions, and their underlying valuation analyses, are prone to subjectivity and are frequently prepared utilizing methodologies that simply do ...


In This Issue , Christopher Tomlins Aug 2006

In This Issue , Christopher Tomlins

Faculty Scholarship

No abstract provided.


National Security And The Rehnquist Court, John Yoo Aug 2006

National Security And The Rehnquist Court, John Yoo

Faculty Scholarship

No abstract provided.


Sidestepping Lassiter On The Path To Civil Gideon: Civil Douglas, Steven D. Schwinn Jul 2006

Sidestepping Lassiter On The Path To Civil Gideon: Civil Douglas, Steven D. Schwinn

Faculty Scholarship

Civil Gideon advocates have at each turn faced the scourge of Lassiter v. Department of Social Services, which established (apparently out of whole cloth) a presumption that indigent litigants are entitled to appointed counsel only when physical liberty is at stake. This article proposes side-stepping that presumption by seeking a right to counsel on appeal via Douglas v. California, not a right to counsel at trial via Gideon v. Wainwright. Once established, a civil right to counsel on appeal would presage the inevitable downfall of Lassiter and the establishment of Civil Gideon. This article poses the argument in federal constitutional ...