Law Commons^™

Same Old, Same Old: Scientific Evidence Past And Present, Edward K. Cheng

Michigan Law Review

For over twenty years, and particularly since the Supreme Court's Daubert decision in 1993, much ink has been spilled debating the problem of scientific evidence in the courts. Are jurors or, in the alternative, judges qualified to assess scientific reliability? Do courts really need to be concerned about "junk science"? What mechanisms can promote better decision making in scientific cases? Even a cursory scan of the literature shows the recent explosion of interest in these issues, precipitating new treatises, hundreds of articles, and countless conferences for judges, practitioners, and academics. To this literature, Professor Tal Golan adds Laws of Men …

The Gathering Twilight? Information Privacy On The Internet In The Post-Enlightenment Era, Mark F. Kightlinger

Law Faculty Scholarly Articles

The steady stream of news reports about violations of privacy on the Internet has spawned a growing body of literature discussing the legal protections available for personally identifiable information—i.e., information about identified or identifiable persons—collected via the Internet. This Article takes the discussion of Internet privacy protection in a new and very different direction by reexamining the U.S. Internet privacy regime from the perspective of a broader cultural/historical analysis and critique. The perspective adopted is that of Alasdair MacIntyre's account of the disarray in Enlightenment and post-Enlightenment discourse about morality and human nature and the accompanying disappearance of rational justifications …

Keep These Branches Untangled, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Control Of Avoidance: The United States Alternative, John Tiley, Erik M. Jensen

Faculty Publications

This article, jointly written by a British and an American academic, describes the American experience in identifying and attacking tax avoidance. The article was part of a symposium issue of the British Tax Review, published by Sweet and Maxwell, devoted to tax avoidance issues around the globe.

Superstition-Based Injustice In Africa And The United States: The Use Of Provocation As A Defense For Killing Witches And Homosexuals, Jennifer Dumin

ExpressO

This Article examines two different instances where strong cultural and religious beliefs suggest that an individual is justified in taking another’s life. Focusing primarily on South Africa and the United States, it argues that the rationale used to defend those who kill suspected witches and those who kill suspected homosexuals is the same – merely because a criminal holds a belief that the victim is evil, the criminal is somehow entitled to a lesser punishment. In the United States, those who readily recognize the absurdity of the witchcraft defense may have some difficulty in recognizing the same level of absurdity …

Protecting Posterity: Economics, Abortion, Politics, And The Law, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue

Michigan Journal of International Law

This Article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States-two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes-and accepts-the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts-flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This …

Jordan And The World Trading System: A Case Study For Arab Countries, Bashar Hikmet Malkawi

SJD Dissertation Abstracts

Arab countries are attempting to broaden their engagement in the multilateral trading system in a manner that has many implications. Not only have some Arab countries either acceded or are in the pipeline of acceding to the World Trade Organization (WTO), but their new commitments coincides with reorientations in their economic strategies. The purpose of this dissertation is to examine the implications on Arab countries.

Given Jordan's accession to the WTO and its free trade agreement with the United States (U.S.), the country serves as an ideal candidate for other Arab countries. Jordan applied for WTO membership in 1994. After …

God And Caesar In The Twenty-First Century: What Recent Cases Say About Church-State Relations In England And The United States , Judith Fischer, Chloe Wallace

Judith D. Fischer

This article analyzes current jurisprudence concerning the relationship of church and state in the U.S. and England, with special attention to the U.S. Supreme Court’s recent decisions in the Ten Commandments cases. The co-authors, law professors from the United States and the United Kingdom, present background about the history of religious establishment and church-state jurisprudence in the two countries. They then discuss the effects of each country’s recent cases on the subject. The authors conclude that the two countries are moving closer to each other on the continuum between establishment and disestablishment.

Water Rights In Wilderness: The Influence Of Reserved Rights Language On Protection Of Wilderness Water In Arizona And Colorado, Kathryn M. Mutz, David Bower, Katie Stone, Melissa Boness, Alexis Kazan Nelson, Kathryn Bostwick, Katie Umekubo, Eric Potyondy, Rebecca Mehring, Carol Hoskins, Meredith Roberts, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

1 v. (various pagings) : ill. (some color), color maps ; 29 cm

Executive summary -- Introduction -- Background and scope -- Compilation and analysis of water rights data -- Protection of wilderness water : federal agency response to statutory language -- Final observations -- Appendix A. Legislative history of Arizona and Colorado wilderness legislation -- Appendix B. State water law : Arizona and Colorado -- Appendix C. Study methods -- Appendix D. Agency policies.

The Threat Of Border Security On Indigenous Free Passage Rights In North America, Joshua J. Tonra

Syracuse Journal of International Law and Commerce

This note will examine the development and current state of passage rights under United States (Part I), Canadian (Part II), and Mexican law (Part 111). Part IV of this note will then critically explore the current state of the law as it affects two tribes whose homelands are bisected by the United States' borders with its neighbors: the Mohawk Nation, along the U.S.-Canada border; and the Tohono O'odham, on the U.S.-Mexico border. The Note will conclude with an examination of a number of possible changes to border policies affecting the indigenous nations, and a proposal for a unified policy for …

Getting A Good Buy With A Little Help From A Friend: Turning To The United States To Go Forward With Australian Takeovers Regulation, James Mcconvill

Syracuse Journal of International Law and Commerce

The idea behind this article is to unlock the hidden "genius" of Australian takeovers law. 1 This is to be achieved not by way of legislative reform, but rather by taking a fresh look at the law which already exists, in light of the structure of U.S. takeovers law and innovation in U.S. corporate law scholarship, along with the use of principles and concepts in marketing. It will draw upon the U.S. economic analysis of law and corporate law; more specifically, treating law as a product in a market. Accordingly, this makes it useful to draw upon principles of marketing …

The Continuing Role Of State Policy, Jeffrey A. Hart

Federal Communications Law Journal

A review of Hernan Galperin's New Television, Old Politics: The Transition to Digital TV in the United States and Britain, Cambridge University Press, 2004. Based on comparative case studies in Britain and the United States, this book analyzes the transition to digital television in both countries, considers governmental regulatory strategies, and focuses on the impact of various factors, including political influence and market and technological changes.

Accepting Exceptions?: A Comparative Approach To Experimental Use In U.S. And German Patent Law, Peter Ruess

Marquette Intellectual Property Law Review

Experimental use is a keystone of research and innovation for some and obstacle in using a patent for others. In a genuine international field such as patent law, monitoring recent developments is best done in a comparative way. Particularly, the decision Merck v. Integra of the US Supreme Court and the new EU law, give reason to explore this field in more detail.

When Do Interest Groups Use Electronic Rulemaking?, John M. De Figueiredo

Faculty Scholarship

This paper analyzes how electronic rulemaking is affecting the propensity of interest groups to file comments and replies at the Federal Communications Commission. The paper shows that exogenous events and a handful of issues drive filing behavior. Implications of the analysis are discussed.

Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman

Scholarly Works

No abstract provided.

Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.

American Innocence, Robert N. Strassfeld

Case Western Reserve Journal of International Law

No abstract provided.

Rebus Sic Stantibus: Notification Of Consular Rights After Medellin, Aaron A. Ostrovsky, Brandon E. Reavis

Michigan Journal of International Law

This Comment examines, through principles of public international law and U.S. jurisprudence, the relationship between U.S. courts and the ICJ to determine if the former are indeed bound by the latter's decisions, proprio motu, or if instead some Executive action is required to make the decisions binding on the judiciary. Part of this examination will entail a discussion of the potential for dialogue between the ICJ and U.S. courts to "pierce the veil of sovereignty" that traditionally conceals the inner workings of sovereign states from the scrutiny of international tribunals. Based on this assessment, the Comment then addresses how …

Book Review: Gary Botting, Extradition Between Canada And The United States (Ardsley: Transnational Publishers, 2005), Robert Currie

Articles, Book Chapters, & Popular Press

Both domestic and international laws regarding the extradition of fugitive criminal offenders are in a state of flux throughout the world. The current legal landscape reflects tension between the interest of state authorities in promoting “security,” on the one hand, and increasing recognition that human rights obligations are at play, on the other. Gary Botting’s book, Extradition Between Canada and the United States, successfully addresses this tension by way of a detailed examination of what is probably the most integrated extradition partnership outside the European Union.

The Report Of The President's Advisory Panel On Federal Tax Reform: A Critical Assessment And A Proposal, Reuven S. Avi-Yonah

Articles

ON November 1, 2005, The President's Advisory Panel on Federal Tax Reform ("Panel") submitted its report ("Report") to the Secretary of the Treasury.1 At 272 pages, this is the most important and wide-ranging plan to reform the United States federal tax system since Blueprints for Basic Tax Reform (1977).2 While prospects for immediate action appear dim, the Report will no doubt be the basis of discussion of federal tax reform for a long time to come.

Compelled Self-Reporting And The Principle Against Compelled Self-Incrimination: Some Comparative Perspectives, Mark Berger

Faculty Works

This article examines the tension between mandatory self-reporting and identification statutes and the right to be free of compelled self-incrimination. The author reviews decisions addressing this issue taken by the European Court of Human Rights ('ECtHR'), the Privy Council, and the Supreme Courts of Canada and the United States. He then analyses applicable public policies and assesses the alternative approaches available to accommodate these conflicting interests.

Mixed Blessings: The Great Lakes Compact And Agreement, The Ijc, And International Dispute Resolution, Austen L. Parrish

Articles by Maurer Faculty

For scholars of international law and international dispute resolution, the Great Lakes-St. Lawrence River Basin Water Resources Compact and Agreement may seem a mixed blessing. On the one hand, they promise environmental cooperation and management of the Great Lakes at an unprecedented scale. The agreements have been heralded as a tremendous advancement in state-provincial relations. On the other hand, international scholars should be nervous for what the agreements signify for international law and dispute resolution. The Compact and Agreement are remarkable for replacing an already functioning regulatory regime: the 1909 Boundary Waters Treaty, administered by the International Joint Commission.

This …

Flexibilization, Globalization, And Privatization: Three Challenges To Labour Rights In Our Time, Katherine V. W. Stone

Osgoode Hall Law Journal

Three dynamics are coalescing to reshape labour relations in the twenty-first century in the United States: They are flexibilization, globalization, and privatization. Flexibilization refers to the changing work practices by which firms no longer use internal labour markets or implicitly promise employees lifetime job security, but rather seek flexible employment relations that permit them to increase or diminish their workforce, and reassign and redeploy employees with ease. Globalization refers to the increase in cross-border transactions in the production and marketing of goods and services that facilitates firm relocation to low labour cost countries. And privatization refers to the rise of …

The Three Goals Of Taxation, Reuven S. Avi-Yonah

Articles

The current debate in the United States about whether the income tax should be replaced with a consumption tax has been waged on the traditional grounds for evaluating tax policy: efficiency, equity, and administrability. For example, Joseph Bankman and David Weisbach recently argued for the superiority of an ideal consumption tax over an ideal income tax on three grounds: First, that the consumption tax is more efficient because it does not discriminate between current and future consumption,' while both income and consumption taxes have identical effect on work effort. Second, that the consumption tax is at least as good at …

First Amendment As Last Resort: The Internet Gambling Industry’S Bid To Advertise In The United States, Anne Lindner

Saint Louis University Law Journal

No abstract provided.

Social Welfare Reform: An Analysis Of Germany's Agenda 2010 Labor Market Reforms And The United States' Personal Responsibility And Work Opportunity Reconciliation Act (Prwora) Of 1996, Jennifer Allison

Jennifer Allison

This 2006 student comment presents a historical view of the social welfare systems in the United States and Germany. It then explains and analyzes recent large-scale reforms made to each country's social welfare system - the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 in the United States, which profoundly impacted the availability of welfare benefits to poor Americans, and Germany's Agenda 2010 campaign, which, in accordance with the recommendations of the Hartz Commission, reformed Germany's legislative system of providing benefits to the long-term unemployed.