Law Commons^™

Urban Legends Of The Inner Harbor, Andrew Keir, Eric Hergenroeder, Chris Montague-Breakwell, Daniella Einik, Patrick Smith

Student Environmental Law Films/Golden Tree Films

Examines the toxicity of water in Baltimore's Inner Harbor and efforts to clean up sewage and trash that result from runoff.

Gunpowder Riverkeeper, Talley Kovacs, Brooke O'Hanley

Student Environmental Law Films/Golden Tree Films

Investigates the impact of surface mining on a local community and the river that flows through it.

Disappearing Ink: The Emerging Duty To Remove Invalid Policy Provisions, Robert Tucker

Robert Tucker

No abstract provided.

"Throwing Away The Key: An Examination Of New York's Sex Offender Civil Commitment Statute", Joseph E. Fahey

Joseph E Fahey

No abstract provided.

Grade Distribution - Fall Semester 2008, Office Of Registrar

Semester Schedules and Information

No abstract provided.

What Do You Do With A Drunken Sailor? Reprehensibility, The Exxon Valdez And Punitive Damages, Charles S. Doskow

Charles S Doskow

Under the Supreme Court's due process analysis of the constitutionality of punitive damage awards, in the BMW and State Farm cases, reprehensibility is the first factor considered. The Ninth Circuit's opinion in the Exxon Valdez oil spill case contains a detailed analysis of the elements of reprehensibility. The Supreme Court, on appeal of the Ninth Circuit's decision upholding punitive damages of $2.5 billion, avoided constitutional analysis and applied maritime law. The Court limited punitive damages to the amount of compensatory damages, a 1:1 ratio. Whether this standard will be applied outside the maritime area, to future awards evaluated under due …

Cercla's Wooden Iron: The Contribution Counterclaim, Alfred R. Light

Alfred Light

No abstract provided.

Arbitration Before The New Financial Industry Regulatory Authority, Barry R. Temkin, James D. Yellen

Barry R. Temkin

This article describes procedural changes in arbitration practice under the 2007 NASD arbitration code, including the filing of dispositive motions and changes in the arbitrator selection process.

Foreword: Left Out In The Cold - Welcome Remarks, Nadine Strossen

American University Law Review

No abstract provided.

The Regulatory Development Case Of The Small-Scale Cdm Forestry, Marko Heiskanen

Marko Heiskanen

No abstract provided.

Social Media And Marketing (Blog Booklet 1 Of 5), Linda Margaret Broughton

Linda Margaret Broughton

Blogs created for the social media and communications company Attentio during 2007 and 2008. These blogs concentrated on marketing and social media.

Manipulating And Hiding Terrorist Content On The Internet: Legal And Tradecraft Issues, Jack F. Williams

Faculty Publications By Year

No abstract provided.

Orphans Adopted Eighty-Nine Years After Conception, Or, Cataloging Updating Loose-Leaf Publications, Carol Collins

College of Law Faculty Scholarship

Until the 2002 revision to AACR2 was adopted, cataloging rules for updating loose-leaf publications were orphans—they were excluded from previous Anglo–American rule compilations. To offer guidance to catalogers, over the years the Library of Congress issued a series of rule interpretations and supplemental resources outlining best practices and rules for cataloging loose-leafs. This article chronicles the publication, or lack of practical publication, of cataloging rules for updating loose-leafs and the impact on libraries. Also included is a review of the various organizations instrumental in garnering support for the creation and acceptance of a new paradigm and standards and concepts that …

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

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, the United …

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

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 grave …

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

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 for …

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.

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 …

Social Media Marketing: Blogs With Attentio, Linda Margaret Broughton

Linda Margaret Broughton

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

“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 the …

Alternative Dispute Resolution In Georgia, Douglas H. Yarn

Faculty Publications By Year

No abstract provided.

2007 Congressional Testimony On Confidential Informants, Alexandra Natapoff

Alexandra Natapoff

Sexual Orientation And The Law: A Research Bibliography Selectively Annotating Legal Literature Through 2005, James M. Donovan, Ronald E. Wheeler, Ronald E. Wheeler, Stephanie Wilson

Faculty Publications By Year

No abstract provided.

Electronically Stored Information: The December 2006 Amendments To The Federal Rules Of Civil Procedure, Kenneth J. Withers

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Copyright And Trademark Legal Research, Terrance K. Manion, Colleen C. Williams

Faculty Publications By Year

No abstract provided.

Fifty Years Of Community Service: A Tribute To Mel Shimm, Barak D. Richman

Faculty Scholarship

No abstract provided.

Research To Practice: Job Networking In Diverse Communities, Rooshey Hasnain, Jennifer Bose, Joy Gould, John Butterworth

Research to Practice Series, Institute for Community Inclusion

While individuals with disabilities face many obstacles when seeking employment, there are usually additional challenges for those from diverse cultures. To address this issue, ICI formed partnerships with community immigrant organizations to teach networking techniques to job seekers.