Law Commons^™

Can Federal Agencies Authorize Private Suits Under Section 1983? A Theoretical Approach, Brian D. Galle

Brian D. Galle

Since 1980, private suits brought under 42 U.S.C. Section 1983 have been a prime vehicle for enforcing federal statutory norms against state and local government. Federal regulations, however, affect a vast cross-section of state conduct not directly controlled by federal statutes. It is therefore surprising to discover that, notwithstanding some occasional acknowledgments of the considerable importance of the issue, there is almost no scholarly discussion concerning to what extent federal norms embodied in regulations can be enforced through private Section 1983 litigation. The federal Courts of Appeals are badly divided over the question, and no coherent rationale for one approach …

Conceptualizing Mediation Use By Patrol Police Officers, Christopher C. Cooper

Christopher C. Cooper Dr.

Police officers assigned to patrol duties, in America's big cities in particular, can mediate disputes to which they respond; as well as should make referrals to mediation\conflict resolution centers. When police officers employ excellent social interaction and problem solving skills, situations are de-escalated; the safety of officers and citizens alike is better insured and positive police-citizen interaction is achieved.

¿Sirve La Discusión De Casos En Las Aulas Para La Formación Jurídica?, Jorge Carlos Adame

Jorge Adame Goddard

No abstract provided.

Princípios Do Direito À Cidade: Território Da Cidadania, Rafael De Oliveira Alves, José Luiz Quadros De Magalhães

Rafael de Oliveira Alves

No abstract provided.

Liability Of Mediators For Pressure, Drafting And Advice, John Wade

John Wade

Complex tensions that can occur during negotiations and decision-making are illustrated in the Supreme Court of Victoria decision in the case of Taphoohi v Lewenberg. Cases such as this place judges in the position of making decisions about 'proper mediator behaviour' and of making major policy decisions about professional diversity and standards.

"On The Chastity Of Women All Property In The World Depends": Injury From Sexual Slander In The Nineteenth Century, Lisa R. Pruitt

Lisa R Pruitt

In this Article, Professor Pruitt discusses conceptions of the injury associated with defamation law, focusing in particular on sexual slander cases that were brought in the early nineteenth century, before statements that impugned a woman’s chastity were deemed slander per se. During this time, women had to prove so-called “special damages” in order to state a cause of action. Courts showed some flexibility in what they recognized as constituting “special damages,” even stretching to recognize pecuniary harm in damaged personal relationships. Nevertheless, courts refused to recognize injuries stemming from and related to emotional distress injuries, and they were often skeptical …

Exploring White Resistance To Racial Reconciliation In The United States, Taunya L. Banks

Taunya Lovell Banks

No abstract provided.

Unclos And The High Seas: Problems And Suggested Solutions To The Creation Of A Common Pool Resource On An International Scaleproblems And Suggested Solutions To The Creation Of A Common Pool, Chad J. Mcguire

Chad J McGuire

The purpose of this paper is to critically analyze UNCLOS as an efficient management regime for protecting migratory marine species1, especially those with economic value. The premise, based on foundations of collective action theory, is UNCLOS cannot adequately protect marine resources. The main reasons include the dynamics involved with national sovereignty, along with UNCLOS creation of what is tantamount to a common pool, or open access resource through the development of the “high seas” concept.

'Information Feudalism: Who Owns The Knowledge Economy. A Book Review' (2003) 21 (1) Prometheus 127-132, Matthew Rimmer

Matthew Rimmer

Back in 1995, Peter Drahos wrote a futuristic article called ‘Information feudalism in the information society’. It took the form of an imagined history of the information society in the year 2015. Drahos provided a pessimistic vision of the future, in which the information age was ruled by the private owners of intellectual property. He ended with the bleak, Hobbesian image:"It is unimaginable that the information society of the 21st century could be like this. And yet if abstract objects fall out of the intellectual commons and are enclosed by private owners, private, arbitrary, unchecked global power will become a …

Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss

Rebecca J. Huss

This article first discusses the domestication of companion animals, including the impact of anthropomorphism and neoteny on how animals are viewed in U.S. society. Second, it reviews the current legal status of animals. Third, it considers the voluntary and involuntary separation of companion animals from their human families. Fourth, it examines custody issues in the context of the placement of animals after the divorce of the human family members. Finally, it analyzes estate planning issues relating to companion animals.

Three Legal Frameworks For Regulating Genetic Technology, Wilson R. Huhn

Wilson R. Huhn

The Genetic Age promises another exponential increase in human knowledge and potential. ... This article describes three frameworks the law uses to regulate genetic technology: (1) Individual Rights and Duties; (2) Scientific Regulation by Administrative Agencies; and (3) Legislative Preemption. ... This framework involves the lowest level of government oversight over genetic technology. ... At present, the FDA and National Institutes of Health (NIH) administer regulatory control of genetic technology as applied to human beings, but the jurisdiction of these agencies is limited. ... Attorney Judith Cregan has recorded a number of "serious problems" with FDA and NIH regulation of …

Stages Of Legal Reasoning: Formalism, Analogy, And Realism, Wilson R. Huhn

Wilson R. Huhn

In the late 19th Century, legal reasoning was dominated by formalistic analysis. Judges and lawyers reasoned deductively from base principles. Legal historians have persuasively described how leading judges and scholars fomented a revolution in legal thought in the 20th Century. Starting about 1910, legal realism--or policy analysis-- entered legal reasoning to the point that today it would be unusual to find a judicial opinion or brief that fails to explore the policy implications of an interpretation of the law. This historical shift from formalism to realism suggests that there are stages of legal reasoning.

In this Article, I argue that …