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2006

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Institution
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Articles 3721 - 3750 of 5099

Full-Text Articles in Law

Information Society Challenges To Financial Regulation, Caroline Bradley Jan 2006

Information Society Challenges To Financial Regulation, Caroline Bradley

Articles

No abstract provided.


The Legal Meaning Of Commerce In The Commerce Clause, Robert G. Natelson Jan 2006

The Legal Meaning Of Commerce In The Commerce Clause, Robert G. Natelson

Faculty Law Review Articles

In this article the author inquires into the meaning of the legal term "commerce" at the the time the Constitution was written, debated, and ratified. The article provides additional support for the conclusion that, for reasons of policy and politics, the founding generation inserted this conceptual and legal boundary into the Constitution and the clear inference from these findings collectively is that the Commerce Clause was designed to give Congress jurisdiction over the law merchant insofar as it pertained to interjurisdictional activities, which was the same jurisdiction that pre-Revolution American pamphleteers had conceded to Parliament.

Part I examines contending definitions ...


International Human Rights And Comparative Mental Disability Law: The Role Of Institutional Psychiatry In The Suppression Of Political Dissent, Michael L. Perlin Jan 2006

International Human Rights And Comparative Mental Disability Law: The Role Of Institutional Psychiatry In The Suppression Of Political Dissent, Michael L. Perlin

Articles & Chapters

For many years, institutional psychiatry was a major tool in the suppression of political dissent. Moreover, it appears painfully clear that, while the worst excesses of the past have mostly disappeared, the problem is not limited to the pages of history. What is more, the revelations of the worst of these abuses (and the concomitant rectification of many of them) may, paradoxically, have created the false illusion that all the major problems attendant to questions of institutional treatment and conditions in these nations have been solved. This is decidedly not so.

Remarkably, the issue of the human rights of persons ...


Transnational Criminal Law And Procedure: An Introduction, Sadiq Reza Jan 2006

Transnational Criminal Law And Procedure: An Introduction, Sadiq Reza

Articles & Chapters

This preface to papers from the criminal law and procedure panels of the AALS Workshop on Integrating Transnational Legal Perspectives Into the First-Year Curriculum, which took place in Washington D.C. in January 2006, suggests a typology of transnational criminal matters - namely, matters of foreign criminal law or procedure, comparative criminal law or procedure, international criminal law or procedure, and extraterritorial aspects of domestic criminal law or procedure - and points readers to other publications on teaching transnational criminal matters in law school. The piece thus introduces the reader not only to the papers from the workshop but to teaching and ...


Death Squads Or 'Directions Over Lunch': A Comparative Review Of The Independence Of The Bar, W. Wesley Pue Jan 2006

Death Squads Or 'Directions Over Lunch': A Comparative Review Of The Independence Of The Bar, W. Wesley Pue

Faculty Publications

Periodic crises around the conduct of lawyers provoke moves in the direction of constituting the organized legal profession as a regulated industry, much like any other. Such proposals, whether for regulation through Legal Services Commissions or other structures, abruptly confront the historically embedded constitutional notion that liberty itself rests on the independence of the bar. This paper engages in a comparative review of the notion of an independent legal profession. Its particular focus is on widely agreed international standards and on the experience of Commonwealth countries and especially Australia, Canada, and the United Kingdom. The paper draws on literatures from ...


New British Columbia Legislation: The Court Jurisdiction And Proceedings Transfer Act; The Enforcement Of Canadian Judgments And Decrees Act, Elizabeth Edinger Jan 2006

New British Columbia Legislation: The Court Jurisdiction And Proceedings Transfer Act; The Enforcement Of Canadian Judgments And Decrees Act, Elizabeth Edinger

Faculty Publications

Enacted in 2003, The Court Jurisdiction and Proceedings Transfer Act' and The Enforcement of Canadian Judgments and Decrees Act were finally proclaimed in force as of 4 May 2006. Both are modeled closely on statutes drafted by the Uniform Law Conference of Canada (ULCC); the commentary that accompanies the uniform statutes will undoubtedly prove very useful in interpreting and applying the British Columbia statutes. Some other provinces have also enacted one or both of these statutes and the case law generated in those jurisdictions will also be of assistance. The ULCC intended the statutes to be complementary. The generous recognition ...


Fugitive Slaves And Ship-Jumping Sailors: The Enforcement And Survival Of Coerced Labor, Jonathan M. Gutoff Jan 2006

Fugitive Slaves And Ship-Jumping Sailors: The Enforcement And Survival Of Coerced Labor, Jonathan M. Gutoff

Law Faculty Scholarship

This article explores the relationship between the law of maritime labor and the law of slavery. In the eighteenth century, both sailors and slaves were part of a broad regime of unfree labor relations, with slaves, of course, the most oppressed. In the nineteenth century, an era otherwise supposedly devoted to the ideal of "free" labor, sailors and slaves instead remained unfree, subject to federal laws providing for the forced return to their toils if they deserted - the Merchant Seaman's Act and the Fugitive Slave Act. Both of those statutes were deemed to be within Congress' authority, despite questionable ...


Police Prosecution In Rhode Island: The Unauthorized Practice Of Law, Andrew Horwitz, John R. Grasso Jan 2006

Police Prosecution In Rhode Island: The Unauthorized Practice Of Law, Andrew Horwitz, John R. Grasso

Law Faculty Scholarship

Every day in Rhode Island, police officers are practicing law without a license in both the District Court and the Traffic Tribunal. They do so with the full stamp of approval of the judges before whom they appear, despite the fact that the unauthorized practice of law is a crime in Rhode Island, as it is in every other state in the country. While one can certainly speculate about reasons why this practice has developed, there is nothing in any published decision of the Supreme Court of Rhode Island or in any state statute that appears to permit or justify ...


Statutory Caps And Judicial Review Of Damages, Colleen P. Murphy Jan 2006

Statutory Caps And Judicial Review Of Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.


Money As A "Specific" Remedy, Colleen P. Murphy Jan 2006

Money As A "Specific" Remedy, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.


The Legal Architecture Of Intergovernmental Transfers: A Comparative Examination, Sujit Choudhry, Benjamin Perrin Jan 2006

The Legal Architecture Of Intergovernmental Transfers: A Comparative Examination, Sujit Choudhry, Benjamin Perrin

Faculty Publications

An enormous body of literature exists on intergovernmental transfers between central governments and federal subunits. This work focuses almost exclusively on the economic justifications for such transfers, their design, and the challenges they pose to democratic accountability, transparency, and the autonomy of federal subunits. The legal dimension of intergovernmental transfers has received comparatively little scholarly attention. Systems of intergovernmental transfers are constituted and governed by domestic constitutional law, intergovernmental agreements, and legislation. One cannot fully appreciate how these systems operate without studying the legal instruments through which intergovernmental transfers are provided as well as their interpretation and enforcement by the ...


Law And Poetry, Edward J. Eberle, Bernhard Grossfeld Jan 2006

Law And Poetry, Edward J. Eberle, Bernhard Grossfeld

Law Faculty Scholarship

No abstract provided.


Symposium On Sentencing Rhetoric: Competing Narratives In The Post-Booker Era, David M. Zlotnick Jan 2006

Symposium On Sentencing Rhetoric: Competing Narratives In The Post-Booker Era, David M. Zlotnick

Law Faculty Scholarship

No abstract provided.


Religion In The Classroom In Germany And The United States, Edward J. Eberle Jan 2006

Religion In The Classroom In Germany And The United States, Edward J. Eberle

Law Faculty Scholarship

In this Article, Professor Eberle evaluates the relationship of religion in the classroom in Germany and the United States, as formulated by the countries' highest courts, the German Constitutional Court and the United States Supreme Court Pursuant to the German model of church-state cooperation, public finds are channeled to religious organizations, such as, for example, using the machinery of the state to rise and disperse tax monies to religious organizations. Religious groups may then use the tax monies collected to support religious education in the public schools. However, pursuant to guidelines announced by the German Constitutional Court, teaching of religious ...


Executive Branch Usurpation Of Power: Corporations And Capital Markets, Jonathan R. Macey Jan 2006

Executive Branch Usurpation Of Power: Corporations And Capital Markets, Jonathan R. Macey

Faculty Scholarship Series

Agencies in the executive branch are better situated than other political institutions to take advantage of opportunities to expand their power base by responding quickly and decisively to real or imagined crises. The executive has structural advantages over the other branches because it can respond faster to perceived emergencies. Congress is hampered more than the executive by gridlock caused by special-interest group pressures when it tries to act quicky. The legislative process is also inherently slower than the executive process because the executive can launch into unilateral action, as by filing a lawsuit. The executive's structural advantage over the ...


Trembling In The Ivory Tower, Robert W. Gordon Jan 2006

Trembling In The Ivory Tower, Robert W. Gordon

Faculty Scholarship Series

It is often said that legal writers pick up ideas about ten to fifteen years after they have been broached and discussed elsewhere. This book, by a law professor at the University of Baltimore, would seem to illustrate the point. It bears a copyright date of 2003 but reads as if written back during the height of the Culture Wars of the late 1980s or early 1990s. It certainly echoes many books that were written then, such as Roger Kimball's Tenured Radicals (1990) and Dinesh D'Souza's Illiberal Education (1991).


Rationalism And Revisionism In International Law, Oona A. Hathaway Jan 2006

Rationalism And Revisionism In International Law, Oona A. Hathaway

Faculty Scholarship Series

International law has moved from the periphery to the center of public debate in the course of only a few short years. The everquickening globalization of politics, culture, and economics has prompted new efforts to find global solutions to global problems. International law now touches an astonishing array of activities. It governs everything from the goods and services that cross state borders and the greenhouse gases that industries and consumers produce, to the circumstances that justify intervention in humanitarian disasters and the treatment afforded suspected terrorists. Of increasingly urgent concern, then, is whether all of this law actually makes much ...


An Open Letter To Professors Paulsen And Powell, Akhil Reed Amar Jan 2006

An Open Letter To Professors Paulsen And Powell, Akhil Reed Amar

Faculty Scholarship Series

A book is an open invitation to a conversation between an author and his (or her) readers, and I am delighted that you both have accepted the invitation that I sought to extend in America's Constitution: A Biography. I recall many face-to-face conversations with each of you when we were all students together at the Yale Law School in the early 198Os. I learned a great deal from you at that time; I have continued to learn a great deal from you in print since then - indeed, you are both repeatedly cited with approval in my book; and I ...


Environmental Law News - Winter 2006 Jan 2006

Environmental Law News - Winter 2006

Environmental Law and Justice Clinic

No abstract provided.


Menus Matter, Ian Ayres Jan 2006

Menus Matter, Ian Ayres

Faculty Scholarship Series

Lawmakers can affect contractual equilibria by regulating contractual menus. The potential impact of menu regulation grows more important in contexts where contractors are cognitively constrained or imperfectly informed. This Essay explores the regulation of menus—both with regard to the simultaneous, alternative offers that private parties make to each other, and with regard to the offers that the state makes to potential contractors themselves.


Recovering American Administrative Law: Federalist Foundations, 1787-1801, Jerry L. Mashaw Jan 2006

Recovering American Administrative Law: Federalist Foundations, 1787-1801, Jerry L. Mashaw

Faculty Scholarship Series

By scholarly convention, federal administrative law begins in the United States in 1887 with the establishment of the Interstate Commerce Commission. Before that time the national government is perceived as a state of courts and parties in which federal administration was minimal and congressional statutes were either self-executing or so detailed as to preclude significant administrative discretion. Such administration as there was went on within executive departments under the exclusive control of the President, and judicial review of administrative action was virtually unknown. From this perspective the administrative state of the twenty-first century, with its independent commissions, combinations of legislative ...


A Dialogue, Akhil Reed Amar Jan 2006

A Dialogue, Akhil Reed Amar

Faculty Scholarship Series

Jed Rubenfeld: Akhil, you and I have a great deal in common, but also some fundamental differences, at least in principle. Equal protection doctrine might provide a good backdrop to make these differences clear. When it comes to Brown v. Board of Education, our disagreements are not of a fundamental nature. You're inclined to be much more accepting than I of the claim that the Fourteenth Amendment was originally understood to bar racial segregation (at least of some kinds), so you don't see Brown as the revolutionary case that many of us do. I take Brown to be ...


America’S Constitution And The Yale School Of Constitutional Interpretation, Akhil Reed Amar Jan 2006

America’S Constitution And The Yale School Of Constitutional Interpretation, Akhil Reed Amar

Faculty Scholarship Series

America's Constitution: A Biography tries to explain how and why the supreme law of our land was enacted at the Founding and then amended over the ensuing centuries. The biography's narrative tracks the textual flow of the Constitution itself; article by article and amendment by amendment, I take my readers on an interpretive journey through the document. While I give some constitutional patches of text far more attention than others, I try to say at least something in passing- ideally, something fresh and important-about every notable constitutional provision.


The Effect Of Forum Selection Clauses On District Courts’ Authority To Compel Arbitration, Thomas V. Burch, John W. Hinchey Jan 2006

The Effect Of Forum Selection Clauses On District Courts’ Authority To Compel Arbitration, Thomas V. Burch, John W. Hinchey

Scholarly Works

This is a short piece written for the AAA's Dispute Resolution Journal on two competing provisions in Section 4 of the FAA. One provision tells district courts to compel arbitration in accordance with the parties' agreement, including any forum selection clause. The other says that the court can compel arbitration only within its own territory. This, of course, creates a problem when the forum selection clause calls for arbitration in another jurisdiction. This short article addresses the conflict, showing how courts tend to rule on the issue (as of 2006).


Federalism, Peter H. Schuck Jan 2006

Federalism, Peter H. Schuck

Faculty Scholarship Series

The title of this session, Rebuilding Nation-Building, suggests another necessary distinction-between nation-building and nationmaintaining. It is not enough to build a nation if the nation cannot be maintained. Today, enormous centrifugal pressures are tending to fracture nations. Russia is a particularly important example; Iraq is another. Although we talk about whether and how the new state of Iraq can be built, the reality is that there are at least three nations within Iraq-the Shia, the Sunni, and the Kurds-that must somehow be contained and integrated in a very creative way, about which Chibli Mallat will surely have more to say ...


The Efficient Performance Hypothesis, Richard R.W. Brooks Jan 2006

The Efficient Performance Hypothesis, Richard R.W. Brooks

Faculty Scholarship Series

Notable American jurists and scholars have advanced an approach to contract enforcement that would render breach legally and morally uncontestable, assuming compensation follows. Much of the justification for this endeavor has rested upon claims of judicial and economic efficiency. But efficiency neither favors nor disfavors this conception of contract, formalized by the efficient breach hypothesis. This Essay develops an alternative approach to contract enforcement, expressed as the efficient performance hypothesis. The alternative approach predicts the same efficiency as the traditional one, but differs starkly in terms of its ethical understanding of contractual obligation. The efficient breach hypothesis supposes that the ...


A Law Unto Itself?, Harold Hongju Koh Jan 2006

A Law Unto Itself?, Harold Hongju Koh

Faculty Scholarship Series

In an uncertain world, crisis demands executive action. And so 2005, a year of crisis, became a year of executive muscle-flexing, in response to crises ranging from Hurricane Katrina to avian flu to the Global War on Terror. In many ways, the legal debates generated were déjà vu all over again. Exorbitant claims of executive power in the War on Terror triggered the strongest clash since the Iran-Contra Affair between a constitutional vision of unchecked executive discretion bottomed on sweeping dicta in United States v. Curtiss- Wright Export Corp. and a counter-vision of shared institutional powers symbolized by Justice Jackson ...


Book Review: Affirmative Action Around The World: An Empirical Study, Monica C. Bell Jan 2006

Book Review: Affirmative Action Around The World: An Empirical Study, Monica C. Bell

Faculty Scholarship Series

Affirmative Action Around the World. An Empirical Study. By Thomas Sowell. New Haven: Yale University Press, 2004. Pp. x, 256. Price: $17.00 (Paperback). Reviewed by Monica C. Bell.

Renowned black economist Thomas Sowell's Affirmative Action Around the World is an extensively researched, accessibly written, and refreshingly comparative addition to the conservative canon. Though readers will quickly realize that Sowell is a vehement opponent of affirmative action, the ideas presented in this book deserve rigorous engagement by scholars of ethnic conflict and proponents of race-conscious policy. The book has two distinct but interrelated purposes: First, Sowell wishes to "cut ...


For Such A Time As This, John W. Reed Jan 2006

For Such A Time As This, John W. Reed

Other Publications

This essay is based on a talk at the annual meeting of the International Society of Barristers at Scottsdale, Arizona on March 17, 2006.


Tax Filing Experiences And Withholding Preferences Of Low- And Moderate-Income Households Preliminary Evidence From A New Survey, Michael S. Barr, Jane Dokko Jan 2006

Tax Filing Experiences And Withholding Preferences Of Low- And Moderate-Income Households Preliminary Evidence From A New Survey, Michael S. Barr, Jane Dokko

Other Publications

The United States Federal income tax code has an enormous potential to shape the economic and financial decisions of taxpaying households. Tax rates, compliance laws, and the withholding system create incentives, as do the methods by which the Treasury collects tax receipts and disburses tax refunds. The role of third party service providers in this incentive structure is less well understood, even though tax preparation firms play important roles in our tax system. Nationally, more than half of taxpayers use paid preparers to submit their tax returns. Low- and moderate-income (LMI) households are among those who use the paid tax ...