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Articles 1 - 30 of 59
Full-Text Articles in Law
A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner
A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner
Journal Articles
No abstract provided.
The Origins Of American Felony Murder Rules, Guyora Binder
The Origins Of American Felony Murder Rules, Guyora Binder
Journal Articles
Contemporary commentators continue to instruct lawyers and law students that England bequeathed America a sweeping default principle of strict liability for all deaths caused in all felonies. This Article exposes the harsh "common law" felony murder rule as a myth. It retraces the origins of American felony murder rules to reveal their modern, American, and legislative sources, the rationality of their original scope, and the fairness of their original application. It demonstrates that the draconian doctrine of strict liability for all deaths resulting from all felonies was never enacted into English law or received into American law. This Article reviews …
Practicing What We Preach: A Call For Progressive Church Taxes, Matthew Barrett
Practicing What We Preach: A Call For Progressive Church Taxes, Matthew Barrett
Journal Articles
Many Catholics do not know that canon law allows their bishop to impose taxes on the parishes in his diocese for diocesan needs. Under canon law, these diocesan taxes, sometimes called diocesan assessments, parish assessments, or quotas, must be proportionate to [the parishes'] income. To a tax lawyer, the adjective proportionate describes a so-called flat tax, or a system that imposes the same tax rate on every taxpayer's taxable income. Canon law commentators, however, have consistently agreed that diocesan bishops can use a progressive tax, which in this context would impose a higher tax rate on parishes with larger incomes. …
Health Care's "Thirty Years War": The Origins And Dissolution Of Managed Care, Edward P. Richards, Thomas R. Mclean
Health Care's "Thirty Years War": The Origins And Dissolution Of Managed Care, Edward P. Richards, Thomas R. Mclean
Journal Articles
No abstract provided.
Telling All: The Sarbanes-Oxley Act And The Ideal Of Transparency, David A. Westbrook
Telling All: The Sarbanes-Oxley Act And The Ideal Of Transparency, David A. Westbrook
Journal Articles
No abstract provided.
Keeping Wetlands Wet: Are Existing Protections Enough?, Kim Diana Connolly
Keeping Wetlands Wet: Are Existing Protections Enough?, Kim Diana Connolly
Journal Articles
No abstract provided.
Of Bakke's Balance, Gratz And Grutter: The Voice Of Justice Powell, Paul R. Baier
Of Bakke's Balance, Gratz And Grutter: The Voice Of Justice Powell, Paul R. Baier
Journal Articles
No abstract provided.
State V. Chauvin: Determining The Admissibility Of A Post-Traumatic Stress Syndrome Diagnosis As Substantive Evidence Of Sexual Abuse, Melissa T. Lonegrass
State V. Chauvin: Determining The Admissibility Of A Post-Traumatic Stress Syndrome Diagnosis As Substantive Evidence Of Sexual Abuse, Melissa T. Lonegrass
Journal Articles
No abstract provided.
Administrative Compensation For Medical Malpractice Injuries: Reconciling The Brave New World Of Patient Safety And The Torts System, Edward P. Richards, Thomas R. Mclean
Administrative Compensation For Medical Malpractice Injuries: Reconciling The Brave New World Of Patient Safety And The Torts System, Edward P. Richards, Thomas R. Mclean
Journal Articles
No abstract provided.
Race, Immigration, And The Department Of Homeland Security, Victor C. Romero
Race, Immigration, And The Department Of Homeland Security, Victor C. Romero
Journal Articles
Despite the wisdom of separating the service and enforcement functions of our immigration bureau, the new tripartite system under the auspices of the Department of Homeland Security risks fueling the "immigrant Arab as terrorist" stereotype, rather than helping to re-establish the reality that noncitizen terrorists, like U.S. citizen ones, are a rare species.
Passports And Nationality In International Law, Adam I. Muchmore
Passports And Nationality In International Law, Adam I. Muchmore
Journal Articles
Shifts in state control over territory can have substantial consequences for the nationality of individuals. This Article explores situations where an individual finds that the state which issued him a passport no longer recognizes his nationality. The law of binding state action, a set of broadly-accepted rules regulating state representations to other states, may provide more protection for passport-holders than the “soft” norms of human rights law.
So Much Activity, So Little Change: A Reply To The Critics Of Battered Women's Self-Defense, Kit Kinports
So Much Activity, So Little Change: A Reply To The Critics Of Battered Women's Self-Defense, Kit Kinports
Journal Articles
Prior to 1970, the term "domestic violence" referred to ghetto riots and urban terrorism, not the abuse of women by their intimate partners. Today, of course, domestic violence is a household word. After all, it has now been ten years since the revelation of football star O.J. Simpson's history of battering purportedly sounded "a wake-up call for all of America"; ten years since Congress enacted legislation haled as "a milestone . . .truly a turning point in the national effort to break the cycle" of violence; and twenty years since Farrah Fawcett's portrayal of Francine Hughes in the movie The …
The Nhl Labour Dispute And The Common Law, The Competition Law, And Public Policy, Stephen F. Ross
The Nhl Labour Dispute And The Common Law, The Competition Law, And Public Policy, Stephen F. Ross
Journal Articles
This article develops the claim that, absent an agreement with the union, the imposition of a salary cap or punitive luxury tax would constitute an unreasonable restraint of trade, as well as a violation of section 48 of the Competition Act that the Canadian courts should enjoin. The article analyzes decisions of Canadian and other British Commonwealth courts concerning general principles of the common law as well as their specific application in the context of the sports industry. Second, the paper discusses why the same standard applies to restraints challenged under section 48 of the Competition Act. Next. the …
The Forgotten Constitutional Right To Present A Defense And Its Impact On The Acceptance Of Responbilility-Entrapment Debate, Katrice Bridges Copeland
The Forgotten Constitutional Right To Present A Defense And Its Impact On The Acceptance Of Responbilility-Entrapment Debate, Katrice Bridges Copeland
Journal Articles
This Note argues that Section 3E1.1 of the Federal Sentencing Guidelines must be interpreted to allow defendants who claim entrapment at trial to remain eligible for the acceptance-of-responsibility adjustment. To interpret Section 3E1.1 in any other way would run afoul of defendants' constitutional right to present a defense. Part I argues that the entrapment defense does not put factual guilt at issue; instead the entrapment defense challenges whether the statute should apply to the defendant's conduct. Part II contends that the legislative intent in creating the sentencing guidelines in general and the acceptance-of-responsibility adjustment in particular are furthered by requiring …
Turning The Endangered Species Act Inside Out, Jud Mathews
Turning The Endangered Species Act Inside Out, Jud Mathews
Journal Articles
Within a week, both the Fifth and D.C. Circuits upheld the takings prohibitions of the Endangered Species Act (ESA) of 1973, as applied to species found only in single states, against Commerce Clause challenges. Both cases reach the same result, but the legal analysis used to get there could hardly be more different. In GDF Realty, the Fifth Circuit found the requisite "substantial impact" on commerce by treating the species themselves as commodities and aggregating the economic impact of all endangered species "takings". The D.C. Circuit, by contrast, held in Rancho Viejo that the true object of ESA regulation …
Arbitral Law-Making, Thomas E. Carbonneau
Arbitral Law-Making, Thomas E. Carbonneau
Journal Articles
Diversity--of a cultural, economic, religious, and political kind—exists not only among nation-states and in the sources and interpretation of international law, but also among the group of commentators who study the interactions of transborder actors and institutions. For example, sociologists interested in the global community seek to identify emerging entities and activities and to elaborate conceptual models that explain the new differentiations within the traditional pattern. Some of them have a mounting interest in the fashioning of transborder commercial justice by international arbitrators and private arbitral institutions. Who are these new players? How did they acquire their mandate? Further, how …
Experiments In Comparative Corporate Law: The Recent Italian Reform And The Dubious Virtues Of A Market For Rules In The Absence Of Effective Regulatory Competition, Marco Ventoruzzo
Journal Articles
The article addresses a sweeping Reform of corporate law which was enacted by the Italian government in 2003 and came into effect on January 1, 2004. The new statutory regulation significantly increases freedom of contract in corporate law, relying on the idea that the development of an efficient market for rules will allow the "natural selection" of the rules that better suit the need of the different stakeholders. Together - and to some extent to compensate for - this greater freedom of contract, new protections for minority shareholders have also been implemented. The reform also imports into the Italian legal …
Leaky Boundaries And The Decline Of The Autonomous Law School Library, James G. Milles
Leaky Boundaries And The Decline Of The Autonomous Law School Library, James G. Milles
Journal Articles
Academic law librarians have long insisted on the value of autonomy from the university library system, usually basing their arguments on strict adherence to ABA standards. However, law librarians have failed to construct an explicit and consistent definition of autonomy. Lacking such a definition, they have tended to rely on an outmoded Langdellian view of the law as a closed system. This view has long been discredited, as approaches such as law and economics and sociolegal research have become mainstream, and courts increasingly resort to nonlegal sources of information. Blind attachment to autonomy as a goal rather than a means …
The Case Of The Missing Discipline: Finding Buddhist Legal Studies, Rebecca Redwood French
The Case Of The Missing Discipline: Finding Buddhist Legal Studies, Rebecca Redwood French
Journal Articles
No abstract provided.
Putting "Protection" Back In The Equal Protection Clause: Lessons From Nineteenth Century Women's Rights Activists' Understandings Of Equality, Lucinda M. Finley
Putting "Protection" Back In The Equal Protection Clause: Lessons From Nineteenth Century Women's Rights Activists' Understandings Of Equality, Lucinda M. Finley
Journal Articles
No abstract provided.
The Hidden Victims Of Tort Reform: Women, Children, And The Elderly, Lucinda M. Finley
The Hidden Victims Of Tort Reform: Women, Children, And The Elderly, Lucinda M. Finley
Journal Articles
I have conducted empirical research from several states on how juries in medical malpractice and other tort suits allocate their damage awards between economic loss damages and noneconomic loss damages. I then compared cases in which men are the victims and cases in which women are the victims. This research demonstrates that while overall men tend to recover greater total damages, juries consistently award women more in noneconomic loss damages than men, and that the noneconomic portion of women's total damage awards is significantly greater than the percentage of men's tort recoveries attributable to noneconomic damages. Consequently, any cap on …
The Future Of Affirmative Action, Wendy B. Scott
The Future Of Affirmative Action, Wendy B. Scott
Journal Articles
The author served as the moderator of a panel at the Symposium entitled Twenty-Five Years: The Future of Affirmative Action. In this Commentary, she reviews articles by Professors Kevin Brown, Leland Ware, and John Valery Mute appearing elsewhere in this Issue.
Lessons Learned By A New Dean, Jim Rosenblatt
Lessons Learned By A New Dean, Jim Rosenblatt
Journal Articles
The account of my first year as dean of the Mississippi College School of Law in no way should focus on me as an individual, for my life and my decanal endeavors were inextricably woven into the life of the law school. The account of my first year as a "new dean" must, therefore, be a recounting of the events and activities of the law school in the academic year 2003-2004. Through this brief account, I shall share the story of the law school from my perspective and along the way recount the lessons I have learned and the nuggets …
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
Lucinda Peach addresses the issue of religious lawmaking by focusing on the constitutional implications and gender issues that she argues have been overlooked by the Supreme Court and by participants in the debate about religion in politics.
Rehabilitate The Age Discrimination In Employment Act: Resuscitate The “Reasonable Factors Other Than Age” Defense And The Disparate Impact Theory, Judith J. Johnson
Rehabilitate The Age Discrimination In Employment Act: Resuscitate The “Reasonable Factors Other Than Age” Defense And The Disparate Impact Theory, Judith J. Johnson
Journal Articles
The Age Discrimination in Employment Act (ADEA) promised to protect older workers from discriminatory exclusion from the workforce, but recent studies show that older workers are being cut from the workforce and are unable to find employment. In a 1995 article, I warned of the potential dangers of construing the ADEA to allow employment decisions based on age-correlated criteria. Most courts have failed to heed these warnings and now approve employer practices, such as terminating employees based on higher salaries and refusing to hire workers with too much experience. These practices may explain the difficulty older workers are having retaining …
The Precautionary Principle As The Law Of Planetary Defense: Achieving The Mandate To Defend The Earth Against Asteroid And Comet Impacts While There Is Still Time, Evan R. Seamone
Journal Articles
Current legal and policy efforts to enable adequate defense against potential asteroid or comet collisions with the earth are insufficient because they are indirectly premised upon theories that require verification of a clear and imminent threat before governmental agencies can act. This Article identifies the "precautionary principle" as the preeminent law of planetary defense against asteroid and comet impacts. The precautionary principle requires governments to take action to prevent harm even when it is uncertain if, when, or where the harm will occur. It requires governments to implement specific frameworks for making prompt decisions, directs intergovernmental bodies to plan for …
Reenchanting The Law: The Religious Dimension Of Judicial Decision Making, Mark C. Modak-Truran
Reenchanting The Law: The Religious Dimension Of Judicial Decision Making, Mark C. Modak-Truran
Journal Articles
Without a religious justification in the law, judges cannot fully justify their decisions in hard cases from within the law. The law must be indeterminate because the Establishment Clause proscribes this full justification. This does not mean that the Establishment Clause prohibits judges from fully justifying their decisions during their deliberations about hard cases. It only prohibits judges from including that full justification in their written opinions. Deliberation and explanation are separate stages of judicial decision making that should be kept distinct. Given this distinction, my thesis is that judges should fully justify their decisions in hard cases by relying …
The Voyage Of The Neptune Jade: The Perils And Promises Of Transnational Labor Solidarity, James B. Atleson
The Voyage Of The Neptune Jade: The Perils And Promises Of Transnational Labor Solidarity, James B. Atleson
Journal Articles
No abstract provided.
The Legal Case Against The Global War On Terror, Mary Ellen O'Connell
The Legal Case Against The Global War On Terror, Mary Ellen O'Connell
Journal Articles
In the first confusing days after the September 11, 2001, attacks on the United States, President George W. Bush declared a war on terror. Many of us heard this declaration as stirring rhetoric to rally the nation. We understood it as a declaration that the President would direct a strong response against those responsible. We had heard this sort of rhetoric before when the nation faced powerful challenges-from illegal drugs and chronic poverty. Many of us understood President Bush's declaration of war to refer once again to the determined, persistent struggle to overcome a social blight-this time terrorism. We did …
The Accidental Legal Historian: Herman Melville And The History Of American Law, Alfred S. Konefsky
The Accidental Legal Historian: Herman Melville And The History Of American Law, Alfred S. Konefsky
Journal Articles
No abstract provided.