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2007

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Institution
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Articles 31 - 60 of 4910

Full-Text Articles in Law

Special Topics In Preventing And Responding To Prison Rape: Medical And Mental Healthcare, Community Corrections Settings And Oversight, Brenda V. Smith, Theodis Beck, Michele Deitch Dec 2007

Special Topics In Preventing And Responding To Prison Rape: Medical And Mental Healthcare, Community Corrections Settings And Oversight, Brenda V. Smith, Theodis Beck, Michele Deitch

Presentations

Hearing transcripts regarding medical and mental health care, community corrections, and oversight related to the prevention of and response to inmate sexual assault. Points of entry are: full transcript; opening remarks; personal accounts; response and treatment—caring for sexual assault victims in correctional and detention facilities; confidentiality and reporting—medical ethics, victim safety, and facility security; sexual violence and community corrections—the special considerations of community-based settings; and best practices and emerging trends—the community corrections field’s response to the Prison Rape Elimination Act. This article contains testimony specifically about the State of North Carolina.

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Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer Dec 2007

Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer

All Faculty Scholarship

In the wake of the September 11 attacks, the “Global War on Terror” has marginalized the rule of law. From the dragnet detentions in the aftermath of the initial attacks, to novel and secretive surveillance authority under the Patriot Act, to the incarceration and torture of “enemy combatants,” the administration’s “war” has sought to establish zones of maneuver free of both legal constraint and of political oversight. In the first half decade of these efforts, the tripartite constitutional structure which is said to guard against executive usurpation remained largely quiescent. Opponents both inside and outside of the government turned instead …

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Vol. 58, No. 7, December 4, 2007, University Of Michigan Law School Dec 2007

Vol. 58, No. 7, December 4, 2007, University Of Michigan Law School

Res Gestae

•Christopher Jeffries Speaks at Law School •Internet Policy Perishes •Same-Sex Benefits On Trial •Brown Bag Lunches •Stress Busters •Exam Tips •Pre- Mr. Wolverine

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December 4, 2007: Theology And Hallowed Secularism, Bruce Ledewitz Dec 2007

December 4, 2007: Theology And Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Theology and Hallowed Secularism

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Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is "Best"?, Victor B. Flatt Dec 2007

Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is "Best"?, Victor B. Flatt

NULR Online

No abstract provided.

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Vol. 33, No. 13 (December 3, 2007) Dec 2007

Vol. 33, No. 13 (December 3, 2007)

Indiana Law Annotated

No abstract provided.

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Six Steps To A Smaller World: Finding International Law From Your Desktop, Jennifer Sekula Dec 2007

Six Steps To A Smaller World: Finding International Law From Your Desktop, Jennifer Sekula

Library Staff Publications

No abstract provided.

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Consumption Taxation Is Still Superior To Income Taxation, David A. Weisbach, Joseph Bankman Dec 2007

Consumption Taxation Is Still Superior To Income Taxation, David A. Weisbach, Joseph Bankman

Articles

No abstract provided.

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How To Repair Unconscionable Contracts, Omri Ben-Shahar Dec 2007

How To Repair Unconscionable Contracts, Omri Ben-Shahar

Law & Economics Working Papers Archive: 2003-2009

Several doctrines of contract law allow courts to strike down excessively one-sided terms. A large literature explored which terms should be viewed as excessive, but a related question is often ignored—what provision should replace the vacated excessive term? This paper begins by suggesting that there are three competing criteria for a replacement provision: (1) the most reasonable term; (2) a punitive term, strongly unfavorable to the overreaching party; and (3) the maximally tolerable term. The paper explores in depth the third criterion—the maximally tolerable term—under which the excessive term is reduced merely to the highest level that the law considers …

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Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps Dec 2007

Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps

All Faculty Scholarship

A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North …

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Defending Truth: Legal And Psychological Aspects Of Holocaust Denial, Kenneth Lasson Dec 2007

Defending Truth: Legal And Psychological Aspects Of Holocaust Denial, Kenneth Lasson

All Faculty Scholarship

From the still-burning embers of the Holocaust we have come once again to learn the terrible truth, that the power of Evil still lurks among the nations of the world, and cannot be underestimated. Nor can the effect of the spoken and written word, which in modern times must be taken in tandem with the violence of terrorism. Part I describes the background and nature of Holocaust denial, tracing the Nazis' adoption of a plan for the A "Final Solution of the Jewish Problem" through the post-War Nuremberg Trials to the present day. Part II examines the tension between free …

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The Forum (Volume 37, Number 4), Valparaiso University School Of Law Dec 2007

The Forum (Volume 37, Number 4), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

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Empirically Evaluating Claims About Investment Treaty Arbitration, Susan Franck Dec 2007

Empirically Evaluating Claims About Investment Treaty Arbitration, Susan Franck

Articles in Law Reviews & Other Academic Journals

With the blossoming of empirical legal scholarship, there is an increased appreciation for the insights it offers issues of international importance. One area that can benefit from such inquiry is the resolution of disputes from investment treaties, which affects international relations, implicates international legality of domestic government conduct, and puts millions of taxpayer dollars at risk. While suggesting there has been a "litigation explosion", commentators make untested assertions about investment treaty disputes. Little empirical work transparently explores this area, however. As the first research that explains its methodology and results, this article is a modest attempt to evaluate claims about …

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Proportionality And The Supreme Court's Jurisprudence Of Remedies, Tracy A. Thomas Dec 2007

Proportionality And The Supreme Court's Jurisprudence Of Remedies, Tracy A. Thomas

Akron Law Faculty Publications

The evolution of the Supreme Court’s remedial jurisprudence evinces a quest for the ultimate judicial measure of appropriate relief, emerging as a norm of remedial proportionality. The Court’s decisions since 2000 on punitive damages, injunctions, and remedial legislation, all mandate a strict balance and precise measurement in the formulation of civil remedies. These cases have often fallen below the radar of general interest or have been ignored for their remedial significance. However, these cases demonstrate, somewhat surprisingly, the manner in which the Court has ventured into the arena of common-law remedies to unexpectedly alter the foundational principles of crafting remedies. …

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The Continued Vitality Of Prophylactic Relief, Tracy A. Thomas Dec 2007

The Continued Vitality Of Prophylactic Relief, Tracy A. Thomas

Akron Law Faculty Publications

The categorization of a separate type of “prophylactic” injunction and its continued prevalence in the courts provides a framework by which to evaluate the legitimacy of broad injunctions. Such broad injunctive relief has been conventionally theorized as simple judicial activism, and has been attacked accordingly. The theory of prophylaxis provides an alternative narrative by which to evaluate injunctive relief in order to retain valuable and effective judicial remedies. Rather than striking down all broad injunctive relief as the dominant discourse demands, the concept of the prophylactic injunction provides language through which jurists and lawyers can navigate the real issues of …

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California Research Bureau Public Retirement System Survey, California Research Bureau Dec 2007

California Research Bureau Public Retirement System Survey, California Research Bureau

California Agencies

No abstract provided.

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Inside Unlv, Shane Bevell, David Ashley, Tony Allen, Mamie Peers, Allison Miller Dec 2007

Inside Unlv, Shane Bevell, David Ashley, Tony Allen, Mamie Peers, Allison Miller

Inside UNLV

No abstract provided.

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Collection Procedures In Georgia, Andy Adams Dec 2007

Collection Procedures In Georgia, Andy Adams

Law Library Student-Authored Works

No abstract provided.

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Search Warrants - What Makes Up Curtilage?, Cal Leipold Dec 2007

Search Warrants - What Makes Up Curtilage?, Cal Leipold

Law Library Student-Authored Works

No abstract provided.

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Packin' Heat: Firearms Law In Georgia, Clint Barbour Dec 2007

Packin' Heat: Firearms Law In Georgia, Clint Barbour

Law Library Student-Authored Works

No abstract provided.

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Searches Of Students In The Name Of School Safety, Mitchell Freehauf Dec 2007

Searches Of Students In The Name Of School Safety, Mitchell Freehauf

Law Library Student-Authored Works

No abstract provided.

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Statistics In The Jury Box: How Jurors Respond To Mitochondrial Dna Match Probabilities, David H. Kaye, Valerie P. Hans, B. Michael Dann, Erin J. Farley, Stephanie Albertson Dec 2007

Statistics In The Jury Box: How Jurors Respond To Mitochondrial Dna Match Probabilities, David H. Kaye, Valerie P. Hans, B. Michael Dann, Erin J. Farley, Stephanie Albertson

Cornell Law Faculty Publications

This article describes parts of an unusually realistic experiment on the comprehension of expert testimony on mitochondrial DNA (mtDNA) sequencing in a criminal trial for robbery. Specifically, we examine how jurors who responded to summonses for jury duty evaluated portions of videotaped testimony involving probabilities and statistics. Although some jurors showed susceptibility to classic fallacies in interpreting conditional probabilities, the jurors as a whole were not overwhelmed by a 99.98% exclusion probability that the prosecution presented. Cognitive errors favoring the defense were more prevalent than ones favoring the prosecution. These findings lend scant support to the legal argument that mtDNA …

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The New Legal Realism, Cass R. Sunstein, Thomas J. Miles Dec 2007

The New Legal Realism, Cass R. Sunstein, Thomas J. Miles

Coase-Sandor Working Paper Series in Law and Economics

The last decade has witnessed the birth of the New Legal Realism—an effort to go beyond the old realism by testing competing hypotheses about the role of law and politics in judicial decisions, with reference to large sets and statistical analysis. The New Legal Realists have uncovered a Standard Model of Judicial Behavior, demonstrating significant differences between Republican appointees and Democratic appointees, and showing that such differences can be diminished or heightened by panel composition. The New Legal Realists have also started to find that race, sex, and other demographic characteristics sometimes have effects on judicial judgments. At the same …

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Are Judges Overpaid?: A Skeptical Response To The Judicial Salary Debate, Eric A. Posner, G. Mitu Gulati, Stephen J. Choi Dec 2007

Are Judges Overpaid?: A Skeptical Response To The Judicial Salary Debate, Eric A. Posner, G. Mitu Gulati, Stephen J. Choi

Coase-Sandor Working Paper Series in Law and Economics

Nearly everyone thinks that judges are underpaid, but theory and evidence provide little support for this view. Theory suggests that increasing judicial salaries will improve judicial performance only if judges can be sanctioned for performing inadequately or if the appointments process reliably screens out low-ability candidates. However, federal judges and many state judges cannot be sanctioned, and the reliability of screening processes is open to question. An empirical study of the high court judges of the 50 states provides little evidence that raising salaries would improve judicial performance. The case for a pay raise has not been made.

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Economic Efficiency Versus Public Choice: The Case Of Property Rights In Road Traffic, Jonathan Remy Nash Dec 2007

Economic Efficiency Versus Public Choice: The Case Of Property Rights In Road Traffic, Jonathan Remy Nash

Coase-Sandor Working Paper Series in Law and Economics

This Article argues, using the case of responses to traffic congestion, that public choice provides a greater explanation for the emergence of property rights than does economic efficiency. While the traditional solution to traffic congestion is to provide new roadway capacity, that is not an efficient response in that it does not lead to internalization of costs. Moreover, over time new capacity may serve to exacerbate congestion problems: New roadway capacity may induce additional travel that would not have taken place but for the new construction. By contrast, congestion charges—that is, imposing tolls designed to force drivers to internalize the …

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Everything Old Is New Again: Lessons From Dodge V. Ford Motor Company, M. Todd Henderson Dec 2007

Everything Old Is New Again: Lessons From Dodge V. Ford Motor Company, M. Todd Henderson

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.

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Extremism And Social Learning, Cass R. Sunstein, Edward L. Glaeser Dec 2007

Extremism And Social Learning, Cass R. Sunstein, Edward L. Glaeser

Coase-Sandor Working Paper Series in Law and Economics

When members of deliberating groups speak with one another, their predeliberation tendencies often become exacerbated as their views become more extreme. The resulting phenomenon—group polarization—has been observed in many settings, and it bears on the actions of juries, administrative tribunals, corporate boards, and other institutions. Polarization can result from rational Bayesian updating by group members, but in many contexts, this rational interpretation of polarization seems implausible. We argue that people are better seen as Credulous Bayesians, who insufficiently adjust for idiosyncratic features of particular environments and put excessive weight on the statements of others where there are 1) common sources …

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The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli Dec 2007

The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli

Research Collection Yong Pung How School Of Law

Historically, based on the premise that trademark protection is about consumer welfare, trademark law has allowed trademark licensing only as long as licensors control the quality of the products bearing the licensed marks. Ever since its adoption, however, this rule has been difficult to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legal context: quality control. Unsurprisingly, the consequence has been inconsistent case law and much uncertainty as to what represents valid licensing. In addition, in the past decades, courts have proven increasingly reticent to strictly apply this rule and have declared …

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An Evaluation Of Operation Street Sweeper - 2006, Andrew Giacomazzi, Jeremy D. Ball Dec 2007

An Evaluation Of Operation Street Sweeper - 2006, Andrew Giacomazzi, Jeremy D. Ball

Criminal Justice Faculty Publications and Presentations

Operation Street Sweeper (OSS) was a multi-level, interagency collaboration with multiple purposes. According to OSS documents, Operation Street Sweeper goals included the following: (1) to reduce gang-related criminal and violent activity in Nampa and Caldwell, Idaho through aggressive, proactive, and coordinated street enforcement between the Bureau of Alcohol, Tobacco and Firearms (ATF) and local law enforcement; (2) to deter criminal activity through high profile enforcement activity; (3) to develop and/or increase the number of positive community contacts; (4) to show the community and gang members that law enforcement is serious about reducing gang and violent crime in the area; and …

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Tax Treaty Treatment Of Royalty Payments From Low-Income Countries: A Comparison Of Canada And Australia’S Policies, Kim Brooks Dec 2007

Tax Treaty Treatment Of Royalty Payments From Low-Income Countries: A Comparison Of Canada And Australia’S Policies, Kim Brooks

Articles, Book Chapters, & Popular Press

The proposal made in this paper is a modest one: that high-income countries should further the cause of reducing global inequality by ensuring that in their tax treaties with low-income countries they do not usurp needed revenues by reducing low-income countries' ability to collect tax on income with a source in the low-income country. This argument is made in the specific context of the taxation of royalty payments, which present one of the most extreme examples of high-income countries unfairly confiscating revenues that appropriately belong to their low-income treaty partners. The Organisation for Economic Co-operation and Development (OECD) model tax …

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