Law Commons^™

Perspectives On State And Federal Antitrust Enforcement, Stephen Calkins

Duke Law Journal

This Article reviews federal and (especially) state antitrust enforcement in light of the Microsoft proceeding. Criticism of state enforcement based on that case is misplaced. The Article identifies three consensus comparative advantages of state enforcers: familiarity with local and regional markets, closeness to state and local institutions, and ability and experience in compensating individuals. A review of state enforcement activities finds that the vast majority are consistent with one or more of these advantages. The Article also identifies hallmarks of generally accepted federal civil non-merger enforcement: both antitrust agencies participate actively, using a variety of tools, while showing support for …

Sec Enforcement Heuristics: An Empirical Inquiry, James D. Cox, Randall S. Thomas, Dana Kiku

Duke Law Journal

This Article examines the overlap between SEC securities enforcement actions and private securities fraud class actions. We begin with an overview of data concerning all SEC enforcement actions from 1997 to 2002. We find that the volume of SEC enforcement proceedings is relatively modest. We next examine the scope of the recently enacted "Fair Fund" provision that authorizes the SEC to designate civil penalties it recovers from defendants to benefit defrauded private investors. We conclude that this provision offers only limited potential relief for private investors. We complete this Part of the Article with an analysis of the serious resource …

The Pervasive Problem Of Court-Sanctioned Secrecy And The Exigency Of National Reform, David S. Sanson

Duke Law Journal

No abstract provided.

Constitutional Analogies In The International Legal System, Laurence R. Helfer

Loyola of Los Angeles Law Review

No abstract provided.

Transnational/Domestic Constitutional Law, Mark Tushnet

Loyola of Los Angeles Law Review

No abstract provided.

Unpacking New Policing: Confessions Of A Former Neighborhood District Attorney, Alafair S. Burke

Washington Law Review

This Article attempts to reframe a burgeoning scholarly debate about the appropriateness of neighborhood self-governance as both a means to local crime control and a normatively worthy end in itself. On one side of the existing debate stands an emerging and influential group of "new discretion" scholars, who defend the delegation of discretion to police officers attempting to enforce social norms that are often ambiguous. These scholars argue that the support and involvement of so-called "communities" in such law enforcement efforts can be an adequate substitute for traditional judicial scrutiny of police discretion, particularly the prohibition against vague criminal laws. …

Abrogation Or Regulation? How Anderson V. Evans Discards The Makah's Treaty Whaling Right In The Name Of Conservation Necessity, Zachary Tomlinson

Washington Law Review

From 1787 to 1871, the federal government and various Indian tribes entered into hundreds of treaties. Under well-established U.S. Supreme Court precedent, the U.S. Congress has plenary authority to abrogate or modify any of these treaties. The U.S. Supreme Court is reluctant to find congressional intent to do so, however, and requires that this intent be clear and plain. States have no such power to qualify treaties, but the Court has allowed states to regulate treaty rights when doing so is necessary for species conservation. While the U.S. Supreme Court has kept these two lines of cases distinct, the U.S. …

Managed Care’S Crimea: Medical Necessity, Therapeutic Benefit, And The Goals Of Administrative Process In Health Insurance, William M. Sage

Faculty Scholarship

This Essay explores the concept of medical necessity as it has evolved in the judicial and administrative oversight of managed care. The goals of the Essay are to illustrate the range of plausible rationales for establishing administrative procedures to govern medical necessity disputes, and to demonstrate the difficulty of incorporating into those procedures the most important professional and social responsibilities of managed care in today’s health care system. Part I of the Essay explains the ideological and practical significance of medical necessity as managed care has evolved. Part II examines medical necessity as a legal problem, and questions whether current …

19th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 19th Annual Environmental Law Institute held by UK/CLE in November 2003.

Revenue And Taxation Legislative Summary 2003, Assembly Committee On Revenue And Taxation

California Assembly

MEMBERS:
Honorable Ed Chavez, Chair
Honorable Mark Wyland, Vice Chair
Honorable Tom Harman
Honorable John Laird
Honorable Mark Leno
Honorable Joe Simitian
Democratic Vacancy

STAFF:
Kimberly Bott, Chief Consultant
Eileen Roush, Principal Consultant
Christine Hiersche, Committee Secretary

Corbin On Contracts: Contracts Contrary To Public Policy, Grace Giesel

Grace M. Giesel

No abstract provided.

Presidential Column On The Impact Of Socio-Legal Scholarship On Public Policy Debates, Lauren Edelman

Lauren Edelman

No abstract provided.

Free At Last From Obscurity: Clarity—Part I, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Child Care Quality And Workforce Characteristics In Four Midwestern States, Helen Raikes, Brian Wilcox, Carla Peterson, Susan Hegland, Jane Atwater, Jean Ann Summers, Kathy Thornburg, Julia C. Torquati, Carolyn P. Edwards, Abbie Raikes

Center on Children, Families, and the Law (and related organizations): Publications

The purpose of the Year 1 Studies of the Midwest Child Care Research Consortium was to describe hypothesized and potential indicators of quality, to measure observed quality, and to conduct preliminary analyses to determine relationships between the hypothesized and potential indicators and observations of quality, using a representative, randomly selected sample of the provider population. The states studied—Iowa, Kansas, Missouri, and Nebraska—comprise U.S. Department of Health and Human Services Region VII. Following an examination of the child care policy context in the four states, a telephone survey of 2,022 child care providers, and observations of 365 providers, were completed during …

Statement On The Third United Nations Conference On The Law Of The Sea In Caracas, July 15th 1974, Mochtar Kusumaatmadja

Indonesian Journal of International Law

No abstract provided.

Assembly Committee On Public Safety: 2003 Bill Summary, Assembly Committee On Public Safety

California Assembly

MEMBERS
Mark Leno, Chair
Jay La Suer, Vice Chair
Rudy Bermudez
Jackie Goldberg
Paul Koretz
John Longville
Todd Spitzer

COMMITTEE STAFF
Bruce E. Chan, Chief Counsel
Gregory Pagan, Counsel
Kathleen Ragan, Counsel
Danielle A. Lee, Counsel
Sue Highland, Committee Secretary
Toni J. Nakashima, Committee Secretary

Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman

ExpressO

In this Article, the author examines the predilection of college and university students towards certain types of illegal behaviors. Specifically, the Article considers the widespread instances of drug use, under-age alcohol use, and "file-sharing" using Napster and its progeny. The Article's main focus is on why such illegal behaviors are rampant among college students who might otherwise be

It's Time To Be Fair To Jonathan Pollard, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Are Biotech Crops And Conventional Crops Like Products? An Analysis Under Gatt, Julian Wong

Duke Law & Technology Review

The transatlantic debate over the use of genetically modified organisms ("GMO"s) as food products, with the US as a proponent on one side, and the European Union ("EU") as an opponent on the other, is set to take center stage. The US has initiated formal legal action under the World Trade Organization Dispute Settlement System, charging that the EU violates several agreements of international trade law, including Article III of GATT, an anti-protectionist measure which forbids a country from favoring its own products over imported "like products." The US claims that GMOs and conventional crops are "like products,, and that …

Vol. 54, No. 5, October 28, 2003, University Of Michigan Law School

Res Gestae

•Caught on Tape: Yale Kamisar Talks About End of Teaching Career •ACS and BLSA Host Assault on Gun Violence •Lecture on Academic Freedom Features Professor's Thoughts on Civil Liberties •Students Take Time Our in Dean's Corner •Werewolves as Friends: A Trip to Cedar Point •Identity Theft and Financial Aid: Should You be Worried? •An American in Oxford: What's History Got to do With it Anyway? •She May Have Stolen Your Soul, But my Jacket's Missing •Sports v. Memo, and State's Little Brother Syndrome •Will Work for Food: French Laundry Dreams and Taillevant Fantasies... •There ARE Republicans at the University of …

A Room Of One's Own: Morality And Sexual Privacy After Lawrence V. Texas, Marybeth Herald

ExpressO

No abstract provided.

Appeal No. 0714: Gary Harris & Group Maintenance V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-11

Appeal No. 0720: Bernard Busson V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Approval of a Variance Request; Mandatory Pooling (Ohio Valley Energy Systems)

Appeal No. 0724: Michael Malvasi V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-54

Appeal No. 0726: Bernard Busson V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Issuance of API Well No. 34-153-2-2930-00-00

Appeal No. 0723: Carmen A. Didomenico V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-54

Vol. 25, No. 09 (October 27, 2003)

Indiana Law Annotated

No abstract provided.

Final Justice, Richard W. Garnett

Journal Articles

Richard Garnett reviews Stuart Banner, The Death Penalty: An American History (2002) & Franklin E. Zimring, The Contradictions of American Capital Punishment (2003).

Trial Of The Accused Taliban And Al Qaeda Operatives Captured In Afghanistan And Detained On A U.S. Military Base In Cuba, Jaime Jackson

ExpressO

A timely piece proposing solutions for issues certain to be raised in the upcoming trials of the accused Taliban and Al Qaeda operatives captured in Afghanistan and detained on a U.S. military base in Cuba. In the article, I begin by examining the history and jurisdiction of Article I and Article III courts and then address the history and structure of the Al Qaeda and Taliban regimes. After considering the Constitution, federal statutes, politics, and geographical limitations, I conclude that Al Qaeda detainees should be tried in Article III courts under terrorism statutes and Taliban detainees, as military combatants, should …

Conference Program

Hofstra Law Review Symposia

No abstract provided.