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2007

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Articles 1 - 21 of 21

Full-Text Articles in Law

On American Voter Confidence, R. Michael Alvarez, Thad E. Hall, Morgan Llewellyn Jul 2007

On American Voter Confidence, R. Michael Alvarez, Thad E. Hall, Morgan Llewellyn

University of Arkansas at Little Rock Law Review

No abstract provided.


Lawful Personal Use, Jessica Litman Jun 2007

Lawful Personal Use, Jessica Litman

Jessica Litman

Whenever someone makes a copy of a copyrighted work, that copy is either authorized by the copyright owner, permitted by some express provision of the copyright statute (such as the ephemeral copy provision in section 112 or the fair use provision in section 107), or infringing. That's what we tell our colleagues and what we teach our students. But most of us don't actually believe it, and this article argues that that understanding of the copyright law is wrong. I make this argument by examining the copyright law through the lens of personal use. Unlike many other jurisdictions ...


Renewing Intraparty Democracy: Assessing Competition, Deliberation, And Associational Rights Of Political Parties, Jonathan J. Thessin Apr 2007

Renewing Intraparty Democracy: Assessing Competition, Deliberation, And Associational Rights Of Political Parties, Jonathan J. Thessin

Jonathan J Thessin

Among the many schools of thought on the design of political institutions are two particularly fashionable ones: competitive market theories and deliberative democracy theories. Competitive democrats argue for destabilizing the two-party system by enabling third parties to compete effectively; by contrast, deliberative democrats argue for more discussion before political decisions are made. Neither theory, however, pays sufficient attention to the internal character of parties. Oftentimes, dominant parties lock up political institutions and restrict meaningful discussion not only by imposing ballot restrictions on third parties but also by restricting access to party leadership.

This article argues for a shift away from ...


Bioregional Conservation Means Taking Habitat, Jamison E. Colburn Apr 2007

Bioregional Conservation Means Taking Habitat, Jamison E. Colburn

Jamison E. Colburn

Conservation’s richest innovation in decades has been the conservation easement and, by most accounts, it is still growing in both prevalence and scale. Private actors have used this device to innovate around the gridlock of the public sphere, achieving broad scales with limited capital. But this turn toward private ordering to protect nature has begun revealing some of the possibilities it will foreclose over the long term. With the demand for homes and second homes in rural and “exurban” environments soaring, the price of landscape scale conservation keeps rising, even as more of what is owned is already facing ...


Renewing Intraparty Democracy: Assessing Competition, Deliberation, And Associational Rights Of Political Parties, Jonathan J. Thessin Mar 2007

Renewing Intraparty Democracy: Assessing Competition, Deliberation, And Associational Rights Of Political Parties, Jonathan J. Thessin

Jonathan J Thessin

Among the many schools of thought on the design of political institutions are two particularly fashionable ones: competitive market theories and deliberative democracy theories. Competitive democrats argue for destabilizing the two-party system by enabling third parties to compete effectively; by contrast, deliberative democrats argue for more discussion before political decisions are made. Neither theory, however, pays sufficient attention to the internal character of parties. Oftentimes, dominant parties lock up political institutions and restrict meaningful discussion not only by imposing ballot restrictions on third parties but also by restricting access to party leadership.

This article argues for a shift away from ...


California's Three Tiered Approach To Temper The Injustice Of The Unlawful Act Involuntary Manslaughter Rule, George L. Mertens Mar 2007

California's Three Tiered Approach To Temper The Injustice Of The Unlawful Act Involuntary Manslaughter Rule, George L. Mertens

George L Mertens

This article addresses California’s “Unlawful Act Involuntary Manslaughter Rule” which is also referred to as the “misdemeanor manslaughter rule.” On its face, like the analogous felony-murder rule, this law can be applied in a brutally unjust manner. Indeed, this law is worse than the felony-murder rule in that the statute does not enumerate specific predicate acts. On its face, the law could apply to any violation of a misdemeanor or infraction which results in death. Judicially, the law had undergone significant limitations over time with the most significant coming in the last decade.

This article is timely and important ...


Overcoming Lochner In The Twenty-First Century: Taking Both Rights And Popular Sovereignty Seriously As We Seek To Secure Equal Citizenship And Promote The Public Good, Thomas B. Mcaffee Mar 2007

Overcoming Lochner In The Twenty-First Century: Taking Both Rights And Popular Sovereignty Seriously As We Seek To Secure Equal Citizenship And Promote The Public Good, Thomas B. Mcaffee

Thomas B. McAffee

Professor McAffee reviews substantive due process as the textual basis for modern fundamental rights constitutional decision-making. He contends that we should avoid both the undue literalism that rejects the idea of implied rights, as well as the attempt to substitute someone's preferred moral vision for the limits, and compromises, that are implicit in -- and intended by -- the Constitution's text. He argues, moreover, that we can largely harmonize the various goals of our constitutional system, by both taking rights seriously and by understanding that securing rights does not sum up, or exhaust, the Constitution's purposes.


Another Day Older And Deeper In Debt: How Tax Incentives Encourage Burning Coal And The Consequences For Global Warming, Roberta Mann Mann Jan 2007

Another Day Older And Deeper In Debt: How Tax Incentives Encourage Burning Coal And The Consequences For Global Warming, Roberta Mann Mann

Global Business & Development Law Journal

No abstract provided.


The Role Of Judicial Independence, Brian K. Landsberg Jan 2007

The Role Of Judicial Independence, Brian K. Landsberg

Global Business & Development Law Journal

No abstract provided.


Social Media Marketing: Blogs With Attentio, Linda Margaret Broughton Jan 2007

Social Media Marketing: Blogs With Attentio, Linda Margaret Broughton

Linda Margaret Broughton

Social media marketing in the EU and the USA: Blogs for Attentio


Using The Forfeiture Laws To Protect Archaeological Resources, Stefan D. Cassella Jan 2007

Using The Forfeiture Laws To Protect Archaeological Resources, Stefan D. Cassella

Stefan D Cassella

The article summarizes asset forfeiture law for the non-expert and describes how the law may be applied to recover archaeogical resources and other property obtained or used in violation of ARPA.


“Opening The Barbarians’ Gate” Or Watching The Barbarians From The Coliseum: , Marc L. Roark Jan 2007

“Opening The Barbarians’ Gate” Or Watching The Barbarians From The Coliseum: , Marc L. Roark

Marc L. Roark

Comparative Law tends to focus on the differences and similarities present in different legal systems. Such analysis has led some to conclude that a third legal system has appeared in the West and in particular in Louisiana. The idea of a mixed jurisdiction, they claim, combines certain elements of Civil law and Common law into a hybrid system. This article challenges the supposition that a legal system’s core identity can be of a mixed nature. Rather, this article suggests that the proper way a legal system should be viewed is through its normative values as depicted in the narratives ...


Cafta-Dr And The Iterative Process Of Bilateral Investment Treaty Making: Towards A United States Takings Framework For Analyzing International Expropriation Claims, Michael Muse-Fisher Jan 2007

Cafta-Dr And The Iterative Process Of Bilateral Investment Treaty Making: Towards A United States Takings Framework For Analyzing International Expropriation Claims, Michael Muse-Fisher

Global Business & Development Law Journal

No abstract provided.


The Implications Of The New Old Federalism In Climate-Change Legislation: How To Function In A Global Marketplace When States Take The Lead,, Robert B. Mckinstry, Thomas D. Peterson Jan 2007

The Implications Of The New Old Federalism In Climate-Change Legislation: How To Function In A Global Marketplace When States Take The Lead,, Robert B. Mckinstry, Thomas D. Peterson

Global Business & Development Law Journal

No abstract provided.


The Economic Importance Of Tax Competition For Foreign Direct Investment: An Analysis Of International Corporate Tax Harmonization Proposals And Lessons From The Winning Corporate Tax Strategy In Ireland, Joshua D. Moore Jan 2007

The Economic Importance Of Tax Competition For Foreign Direct Investment: An Analysis Of International Corporate Tax Harmonization Proposals And Lessons From The Winning Corporate Tax Strategy In Ireland, Joshua D. Moore

Global Business & Development Law Journal

No abstract provided.


Counting The Cost Of The Culture Of Corruption: A Perspective From The Field, Michael Keating Jan 2007

Counting The Cost Of The Culture Of Corruption: A Perspective From The Field, Michael Keating

Global Business & Development Law Journal

No abstract provided.


Overcoming The Behavioral Impetus For Greater U.S. Energy Consumption, John C. Dernbach Jan 2007

Overcoming The Behavioral Impetus For Greater U.S. Energy Consumption, John C. Dernbach

Global Business & Development Law Journal

No abstract provided.


The Business Of Climate Change: What's Ethics Got To Do With It?, Prue Taylor Jan 2007

The Business Of Climate Change: What's Ethics Got To Do With It?, Prue Taylor

Global Business & Development Law Journal

No abstract provided.


The Globalisation Of Human Rights Law, The Hon David K. Malcolm Jan 2007

The Globalisation Of Human Rights Law, The Hon David K. Malcolm

Law Papers and Journal Articles

Australia has ratified multiple international human rights instruments. However, in comparison to other common law jurisdictions, Australia is 'behind the times'. The fact is that Australia has not adopted a Bill of Rights and its human rights legislation is ad hoc The legal protection that different human rights receive in Australia is contradictory. The question of whether Australia should adopt a Bill of Rights and, if so, in what form and with what content is essentially political. Nonetheless, the answer to the question needs to be informed by a greater awareness of the role and function of human rights in ...


Alternative Dispute Resolution In Georgia, Douglas H. Yarn Jan 2007

Alternative Dispute Resolution In Georgia, Douglas H. Yarn

Faculty Publications By Year

No abstract provided.


2007 Congressional Testimony On Confidential Informants, Alexandra Natapoff Dec 2006

2007 Congressional Testimony On Confidential Informants, Alexandra Natapoff

Alexandra Natapoff

2007 Hearing before the House Judiciary Committee on the use of confidential criminal informants

https://www.youtube.com/watch?v=Mav9tOvmWcQ