Law Commons^™

Moving To Suppress Under Fourth Amendment, Timothy O'Neill

Timothy P. O'Neill

Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles Baron

Charles H. Baron

In some situations, courts may be better sources of new law than legislatures. Some support for this proposition is provided by the performance of American courts in the development of law regarding the “right to die.” When confronted with the problems presented by mid-Twentieth Century technological advances in prolonging human life, American legislators were slow to act. It was the state common law courts, beginning with Quinlan in 1976, that took primary responsibility for gradually crafting new legal principles that excepted withdrawal of life-prolonging treatment from the application of general laws dealing with homicide and suicide. These courts, like the …

Adjudicative And Epistemic Recognition, Christian Dahlman

Christian Dahlman

No abstract provided.

Taxing Political Donations: The Case For Corrective Taxes In Campaign Finance, David Gamage

David Gamage

Command-and-control regulations are generally thought to be inferior to incentive-based alternatives. This essay proposes an incentive-based approach for regulating campaign finance. In place of our current regime of contribution ceilings, the essay calls for a graduated system of contribution taxes. Rather than capping the size of political donations at a specified dollar level, we should tax donations based on a schedule of graduated rates - the larger the size of a contribution, the higher the level of taxation.

Contribution taxes generate two primary advantages over contribution ceilings. First, contribution taxes preserve more total surplus. This surplus can be shared by …

Introduction To The Civil Procedure Puzzle, Robert Bloom

Robert M. Bloom

No abstract provided.

'Soft Words Of Hope:' Giglio, Accomplice Witnesses, And The Problem Of Implied Inducements, R. Michael Cassidy

R. Michael Cassidy

Many scholars have criticized the government's practice of rewarding accomplices with leniency in exchange for their cooperation in criminal cases, because such practice provides the accomplice with a tremendous inducement to fabricate in order to curry favor with the government. To date, however, no commentators have approached the complex problem of accomplice fabrication from the perspective of criminal discovery. In the enclosed article, the author takes a fresh look at the subject of accomplice testimony, and argues that what are needed are not further restrictions on the circumstances in which an accomplice may testify, but rather a more vigorous enforcement …

The Uses Of History In Crawford V. Washington, Frank Herrmann

Frank R. Herrmann, S.J.

To a striking degree, both the majority and concurring opinions in Crawford v. Washington are replete with references to Anglo-American historical materials, used to support differing conclusions about the application of the Confrontation Clause to testimonial hearsay. This essay sets out Justice Scalia's and Chief Justice Rehnquist's historical arguments and then employs the standards of legal historians to evaluate whether the two opinions use history in a valid manner. The essay concludes that the "history" in Crawford is not that of an historian, but is a "usable past," as conceived by Cass Sunstein and Stephen Griffin.

Dining While Black: Tipping As Social Artifact, Danielle Dirks, S.K. Rice

Danielle Dirks

No abstract provided.

Exploratory Unitization Under The 2004 Model Oil And Gas Convention Act, Owen Anderson, Ernest Smith

Owen L. Anderson

No abstract provided.

A Clear View From The Prairie: Harold Washington And The People Of Illinois Respond To Federal Encroachment Of Human Rights, Craig Mousin

Craig B. Mousin

No abstract provided.

Refreshing The Heart Of The City: Vacant Building Receivership As A Tool For Neighborhood Revitalization And Community Empowerment, James Kelly

James J. Kelly Jr.

Vacant Building Receivership is a building code enforcement tool that dispossesses and forecloses on owners of vacant buildings who are unwilling or unable to bring their derelict properties into basic conformity with basic building codes. This article examines vacant building receivership as a tool for ensuring the renovation of vacant buildings and as a means by which communities can develop increased confidence in and control of residential development in their neighborhoods. After discussing the need for a vacant house strategy tailored to support mid-level urban neighborhoods, the article, in its second section, will analyze how Baltimore's vacant building receivership remedy …

Mediating Probate Disputes: A Study Of Court Sponsored Programs, Ray Madoff

Ray D. Madoff

This Article examines six court-sponsored programs designed to encourage the use of mediation to resolve probate disputes in five jurisdictions: Texas, Florida, Georgia, California (Los Angeles and San Francisco), and Hawaii. Some of the programs are part of larger state-run programs designed to encourage the mediation of a variety of disputes, but all were studied in terms of their specific application to probate disputes. In discussing each of the programs, this article focuses on the extent to which courts and practitioners either have addressed or proven false the suggested impediments to the use of mediation in resolving probate disputes.

Part …

Catholic Social Thought In The Public Square: Deconstructing The Demand For Public Accessibility, Kathleen Brady

Kathleen A Brady

No abstract provided.

The Anglo-American Legal Heritage Introductory Materials, Daniel Coquillette

Daniel R. Coquillette

This fascinating book about our legal heritage is copiously illustrated with original materials. From our cultural roots in the Roman law, the Anglo-Saxon dooms, and English feudalism, to modern crises of social revolution and reform. Coquillette's work shows how legal culture is part of what has been called the "seamless web" of history. Most introductory books rely heavily, if not exclusively, on secondary sources. This book, however, provides carefully edited and chosen primary sources and culminates with provocative excerpts of the most recent twentieth century historical criticism. Also included are many useful charts and diagrams, and an extensive bibliography for …

Overextending The Criminal Law And Misguided Guidelines, Erik Luna

Erik Luna

No abstract provided.

The Debtor-Patient: In Search Of Non-Debt Alternatives, Melissa Jacoby

Melissa B. Jacoby

No abstract provided.

Seismic Technology And Law: Partners Or Adversaries, Owen Anderson, John Pigott

Owen L. Anderson

No abstract provided.

Standing With The Persecuted: Adjudicating Asylum Applications On Account Of Religion After The Enactment Of The International Religious Freedom Act Of 1998

Craig B. Mousin

No abstract provided.

Predatory Lending Practices: Definition And Behavioral Implications

Patricia A. McCoy

No abstract provided.

Teaching Research Assistants, Christian Johnson

Christian A. Johnson

Chipping: Could A High Tech Dog Tag Find Future American Mias?, Marren Sanders

Marren Sanders

No abstract provided.

Fused Modality Or Confused Modality, Christian Dahlman

Christian Dahlman

According to Svein Eng there are propositions concerning the law which are descriptive as well as normative, but cannot be separated into one descriptive and one normative proposition. Eng calls these propositions “fused” (“sammensmeltede”). In Eng's theory a proposition with “fused modality” is partly descriptive and partly normative, but cannot be classified as a separable combination of a claim about what the law “is” and a claim about what the law “ought to be.” In a “fused” proposition modality is a question of “degree.” The purpose of this article is to show why Eng's theory should be rejected. The introduction …

Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng

Sinkwan Cheng

This is an unprecedented volume that brings together J. Hillis Miller, Julia Kristeva, Slavoj Zizek, Ernesto Laclau, Alain Badiou, Nancy Fraser, and other prominent intellectuals from five countries in seven disciplines to provide fresh perspectives on the new configurations of law, justice, and power in the global age. The work engages and challenges past and present scholarship on current topics in legal studies: globalization, post-colonialism, multiculturalism, ethics, post-structuralism, and psychoanalysis. The book is divided into five parts. The first debates issues of (trans-)national justice and human rights in the global age, focusing on military interventions and refugee policies. Part II …

Cases And Materials On Bankruptcy, Margaret Howard

Margaret Howard

No abstract provided.

Congressional Testimony: A Review Of Hospital Billing And Collection Practices, Melissa Jacoby

Melissa B. Jacoby

No abstract provided.

A Review Of The Year In Family Law: Children's Issues Remain The Focus, Robert Spector, Linda Elrod

Robert G. Spector

No abstract provided.

Too Many Questions, Too Few Answers: Reconciliation In Transitional Societies, Erin Daly, Jeremy Sarkin

Erin Daly

Understanding reconciliation in times of political transition raises fundamental and ultimately unanswerable questions about the human condition. Talk of reconciliation invariably comes after there has been some gross violation of norms: widespread disappearances, killings, torture, and rape. Reconciliation necessarily conjures its antecedents and forces us to ask how men (and sometimes women) can visit such horrors upon one another. When we look at the face of evil, are we, as many people contend, seeing ourselves, or on the contrary are some people capable of evil in a way that others would never approach? Reconciliation is perhaps deeply compelling, however, because …

The Sine Qua Non Of Copyright, Deborah Hussey Freeland

Deborah M. Hussey Freeland

The United States Supreme Court treats originality as the sine qua non of copyright. How can this abstract quality best be recognized under the law, particularly in the difficult case of multiply produced works? This article grapples with controverted definitions of "original" and "copy," analyzing the positions and interests of various players in the art world with respect to what should count as an original work. Using the case of bronze sculptures that various parties seek to attribute to Auguste Rodin and discussing their status under national and international laws, this article identifies and calls for these laws to converge …

The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven Chanenson, John Gotanda

John Y Gotanda

In light of increasing punitive damages awards, the United States Supreme Court formulated criteria for evaluating whether a punitive damages award is so unreasonably large that it violates substantive due process. Unfortunately, these "guideposts," which were first erected in BMW v. Gore and applied last term in State Farm v. Campbell, are difficult to use and have resulted in inconsistent decisions. Indeed, Justice Scalia stated that they "mark a road to nowhere." The authors argue that the problems with the guideposts can be fixed by refining the third guidepost, which compares the punitive damages award to the criminal (or civil) …

Public Commons Of Geographic Data: Research And Development Challenges, Harlan Onsrud, Gilberto Camara, James Campbell, Narindi Sharad Chakravarthy

Harlan J Onsrud

Across the globe individuals and organizations are creating geographic data work products with little ability to efficiently or effectively make known and share those digital products with others. This article outlines a conceptual model and the accompanying research challenges for providing easy legal and technological mechanisms by which any creator might affirmatively and permanently mark and make accessible a geographic dataset such that the world knows where the dataset came from and that the data is available for use without the law assuming that the user must first acquire permission.