Law Commons^™

Some Thoughts On Herb Johnson's Favorite Court, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.

The Transformation Of Modern Corporation Law: The Law Of Corporate Groups, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.

Micheal Perry's Right To Religious Freedom, Richard Kay

Faculty Articles and Papers

No abstract provided.

Indigenous Self-Determination In Latin America, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

Human Rights And Imposed Constitutions, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.

Justice And The Outsider: Jurisdiction Over Nonmembers In Tribal Legal Systems, Bethany Berger

Faculty Articles and Papers

Over the last quarter century, the Court has progressively limited tribal jurisdiction over both non-Indians and Indians who are not members of the tribe. The Article examines these decisions to show that they owe less to established Indian law doctrine than to two assumptions: first, that tribal courts will be unfair to outsiders and second, that jurisdiction over outsiders has little to do with tribal self-government. It then tests these assumptions against an examination of all cases decided by the Navajo Nation appellate courts over the last thirty-five years and the history and contemporary situation of tribal legal systems. This …

Lawyers In Cyberspace: The Impact Of Legal Listservs On The Professional Development And Ethical Decisionmaking Of Lawyers, Leslie Levin

Faculty Articles and Papers

This article explores the impact of trial lawyers= associations on the professional identities of its members, their professional development, their understanding of practice norms, and their ethical decision making. It does so by looking at the New York State Trial Lawyers= Association (ANYSTLA@), and more specifically, the conversations that occur on its listserv. When these conversations are viewed in the context of the history and current operations of NYSTLA, it is possible to see how such listservs powerfully promote shared professional values and views within NYSTLA=s membership. The listserv extends the advice networks of trial lawyers far beyond the small …

National Culture In Post-National Societies, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

Agency Character And Character Of Agency Guidelines: An Historical And Institutional Perspective, Hillary Greene

Faculty Articles and Papers

Though antitrust guidelines have become commonplace, their approach was novel when first introduced. In a 1964 front-page article entitled, Industries Will Get Merger Guidelines, The New York Times observed, 'An entirely new approach to the enforcement of the antitrust laws is about to be attempted by the Federal Trade Commission.' Similarly, the American Bar Association's 1968 Antitrust Developments treatise described these first antitrust agency guidelines as a new method to advise businessmen about how the FTC would gauge the competitiveness of mergers. In the nearly forty years since the introduction of the first merger guidelines, the federal antitrust agencies have …

Gone Too Far: Oregon's Measure 37 And The Perils Of Over-Regulating Land Use, Sara Bronin

Faculty Articles and Papers

No abstract provided.

Dred Scott And International Law, Mark Weston Janis

Faculty Articles and Papers

As we ponder the contemporary debate about the proper use of international and foreign law in interpreting U.S. constitutional law, it might be well to remember that in 1857, the Supreme Court, in its most infamous judgment, Dred Scott v. Sandford, was already struggling with the controversy. This Article looks first at the increasingly hostile position that international and foreign law took towards slavery in the period from the American Revolution to our Civil War. Second, we discuss the nine judicial opinions in Dred Scott and explain how the judges variously relied on international and foreign law to defend or …

Book Review: Ferrari & Durham, Law And Religion In Post-Communist Europe, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.

Review, Law And Religion In Post-Communist Europe & Laws On Religion And The State In Post-Communist Europe, Mark Weston Janis

Faculty Articles and Papers

Reviewing Law and Religion in Post-Communist Europe. Edited by Silvio Ferrari, W. Cole Durham, Jr. and Elizabeth A. Sewell. Law and Religion Studies 1. Peeters 2003 and Laws on Religion and the State in Post-Communist Europe. Edited by W. Cole Durham, Jr. and Silvio Ferrari. Law and Religion Studies 2. Peeters 2004.

Taxing Smarter And Fairer: Proposals For Increased Accountability And Transparency In The Connecticut Tax Structure, Richard Pomp

Faculty Articles and Papers

The Connecticut tax structure contains glaring defects, especially in the corporate income tax, which have allowed it to hemorrhage to a point where, for some of the largest corporations in the state, it is essentially a voluntary tax. The corporate income tax must be revitalized in order to reduce the massive losses that have resulted from both an aged tax infrastructure and the Legislature’s failure to equip the Department of Revenue Services with a statutory regime to slow the erosion of the tax base.

This Report discusses how and why Connecticut’s rickety tax structure is resulting in a loss of …

Resolution Procedures To Resolve Trust Beneficiary Complaints, Robert Whitman

Faculty Articles and Papers

No abstract provided.