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Tanks In The Streets: Suvs, Design Defects, And Ultrahazardous Strict Liability, Kevin Case

Chicago-Kent Law Review

SUV rollover crashes have been well-publicized and thoroughly litigated. Less attention has been paid to the lethal risks created by SUVs—particularly the latest "behemoth" SUVs like Hummers—to the occupants of other vehicles and pedestrians. Due to the design of SUVs, which are stiffer, heavier, and ride higher than cars, a collision between an SUV and a passenger car often results in catastrophic damage and injury to the occupants of the car, particularly when an SUV strikes a car broadside. Moreover, the design features of SUVs that create these dangers provide no utility or value to society. The "benefit" provided by …

Expert Testimony In Capital Sentencing: Juror Responses, John H. Montgomery, J. Richard Ciccone, Stephen P. Garvey, Theodore Eisenberg

Cornell Law Faculty Publications

The U.S. Supreme Court, in Furman v. Georgia (1972), held that the death penalty is constitutional only when applied on an individualized basis. The resultant changes in the laws in death penalty states fostered the involvement of psychiatric and psychologic expert witnesses at the sentencing phase of the trial, to testify on two major issues: (1) the mitigating factor of a defendant’s abnormal mental state and (2) the aggravating factor of a defendant’s potential for future violence. This study was an exploration of the responses of capital jurors to psychiatric/psychologic expert testimony during capital sentencing. The Capital Jury Project is …

Appeal No. 0752: Randy D. Brown V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2005-47

Highlights Of Legislative Accomplishments Of 2005, California Senate Office Of Research

California Senate

"Highlights of Legislative Accomplishments of 2005" summarizes significant measures passed by the Legislature this year. The document is arranged by policy area and includes actions taken by Governor Arnold Schwarzenegger. In 2005 the governor signed 729 measures and vetoed 232. Of those signed into law, most will take effect on January 1, 2006.

Book Review: Legal Writing Advice: Questions And Answers, Lisa Mazzie Hatlen

Faculty Publications

No abstract provided.

Responsabilità Degli Amministratori Di S.R.L. Tedesca (Gmbh) Nei Confronti Della Società, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Which Countries Count?: Lawrence V. Texas And The Selection Of Foreign Persuasive Authority, Rex D. Glensy

Rex Glensy

This Article provides a selection process for foreign persuasive authority within the context of comparative analysis by combining the results of an historical analysis of the use of foreign authority with modern trends in social sciences and legal scholarship. It argues that the ethos of comparative law is one of informed nation selection, and that its proponents should not shy away from this reality but tackle it head on. It describes an approach to such selection process, one which combines historical fact, normative desirability, and contemporary understanding of judicial interpretative techniques, and shows how courts can integrate this approach within …

Intimacy And Economic Exchange, Jill Elaine Hasday

Jill Elaine Hasday

The current legal debate about the regulation of economic exchange between intimates mistakenly assumes that the law does not countenance such exchange to any notable extent. This assumption is so widely held that it unites otherwise disparate anticommodification and pro-market scholars. Both groups agree that the law maintains a strict boundary between economic exchange and intimacy, and disagree only on whether to applaud or criticize that boundary. Both overlook or underemphasize the degree to which the law already permits economic exchange within intimate relationships.

The current debate's focus on whether the law should enforce economic exchanges between intimates misses at …

El Presupuesto Del Sector Público, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Reflections On The Admiralty Prospects Of Mixed Policies, Graydon S. Staring

Graydon S. Staring

The existence of admiralty jurisdiction determines not only access to a federal court sitting in admiralty, but also, when suit is brought elsewhere, the law to be applied. The recent Kirby decision in the Supreme Court and Folksamerica decision in the Second Circuit open the prospect of a more liberal access to admiralty jurisdiction and to the law of marine insurance, where the policy applies, or may apply, to non-marine risks.

Reducing Vat Transfer Pricing Abuse, Camilo Martinez

Camilo Martinez

No abstract provided.

La Reedificación Conceptual De La Responsabilidad Extracontractual Objetiva, Gastón Fernández Cruz, Leysser L. León

Leysser L. León

El artículo 1970 del Código Civil peruano incluye una cláusula normativa general de responsabilidad civil por actividades riesgosas y peligrosas. En las páginas de este ensayo se enmarca históricamente y desde una perspectiva comparatística dicha novedad legislativa, que convive con el régimen tradicional de la responsabilidad civil basada en la culpa.

The Sleeper Scenario: Terrorism-Support Laws And The Demands Of Prevention, Robert Chesney

Bobby Chesney

This article provides a comprehensive overview of the law prohibiting the provision of material support to designated foreign terrorist organizations (as well as two related statutes). In it, I examine the origins of the statute, the manner in which it can be used to prosecute persons suspected of being potential terrorists, and an array of constitutional and security-based objections to the law. The article concludes with suggestions for reform.

Concessão De Efeito Suspensivo A Recurso Extraordinário E A Recurso Especial, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

Recurso De Agravo: Generalização De Sua Interposição, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

The Ideology Of Terror: Why We Will Never Win The 'War', Katie Rose Guest Pryal

Katie Rose Guest Pryal

A few days after the criminal attacks on the World Trade Center, President George W. Bush declared a metaphorical war on terror. The word “war” was once again applied to a nebulous concept in hopes of rallying support to Bush’s plans. Had Bush declared war on “terrorism,” a noun that denotes physical acts of violence, the war would have remained attached to the material world. By declaring war on “terror,” America’s enemy became ephemeral and eternal. Using Althusser's theory of ideology, this article demonstrates how the public rhetoric of terror created an “ideology of terror” that created support for Bush's …

A Constitutional Court In The Absence Of A Formal Constitution? On The Ramifications Of Appointing The Israeli Supreme Court As The Only Tribunal For Judicial Review, Guy E. Carmi

Guy E Carmi

This manuscript reviews an emerging debate in Israel regarding the appointment of the Supreme Court as a Constitutional Court. Specifically, it offers a critical analysis of the most recent proposed model, which is now in the initial legislative stages (The “Neeman Committee”), to appoint the Supreme Court as the sole constitutional arbiter.

First, the article offers an overview of the main processes that have occurred in the arena of Israeli constitutional law in the last decade, generally known as the “Constitutional Revolution.” Next, the article shows the nexus between this process and the revival of the constitutional court debate. Readers …

Filmmaking In The Precinct House And The Genre Of Documentary Film, Jessica M. Silbey

Jessica Silbey

This Article explores side-by-side two contemporary and related film trends: the recent popular enthusiasm over the previously arty documentary film and the mandatory filming of custodial interrogations and confessions. The history and criticism of documentary film, indeed contemporary movie-going, understands the documentary genre as political and social advocacy (recent examples are Michael Moore’s Farenheit 9/11 and Errol Morris’s Fog of War). Judges, advocates, and legislatures, however, view films of custodial interrogations and confessions those that reveals a truth and lacks a distorting point of view. As this Article will explain, the trend at law, although aimed at furthering venerable criminal …

Law And Politics Of Rights: Who Decides The Conditions For Trade Preferences? Institutional Choice In The General System Of Preferences Case, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

Administrative Law Judge Upholds Ftc Complaint Ordering Evanston Northwesternhealthcare Corporation To Unwind Five-Year-Old Acquisition , James Lowe, Alexander Krulic

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

On October 21, 2005, the Federal Trade Commission (FTC) announced that Administrative Law Judge Stephen J. McGuire had ordered Evanston Northwestern Healthcare Corporation (ENH) to divest Highland Park Hospital, located in a Chicago suburb. (The decision can be found at http://www.ftc. gov/os/adjpro/d9315/051021idtextversion. pdf.) ENH had acquired Highland Park five years ago for $200 million. In an administrative complaint issued in February 2004, the FTC alleged that the acquisition had resulted in "substantially lessened competition" and higher prices for insurers and healthcare consumers for general acute care inpatient services sold to managed care organizations. In upholding part of the complaint, Judge …

Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma

Saumya Uma

This publication contains a detailed report of each session of the 1st National Consultation on the ICC & India, held in Delhi on 8-9 December 2005.

"Anticipatory Self-Defense" And Other Stories, Jeanne M. Woods, James M. Donovan

James M. Donovan

We argue that the specious justification for the invasion of Iraq -- a war based on a pretext of anticipatory self-defense -- necessarily exacerbates the inherent tendency of war to dehumanize and humiliate the enemy. This tendency is particularly evident in the variant of anticipatory self-defense that we have denominated as "capacity preemption," a type of claim that by definition depends upon characterizations of the opponent as utterly inhuman.

The Bush Doctrine tells a timeless story of self-defense. This story is shaped by an identifiable and predictable narrative structure, one that is able to transform the morally outrageous -- an …

Kentucky River At The Intersection Of Professional And Supervisory Status: Fertile Delta Or Bermuda Triangle?, Marley S. Weiss

Faculty Scholarship

No abstract provided.

Georgia Controlled Substance Law, Paul Ghanouni

Law Library Student-Authored Works

No abstract provided.

Appealing Ineffective Assistance Of Counsel, Constance Stansell

Law Library Student-Authored Works

No abstract provided.

Income Tax Liabilities And Possible Bankruptcy Solutions, Brent Howard

Law Library Student-Authored Works

No abstract provided.

Domestic Violence Victims' Rights, Leslie Donaho

Law Library Student-Authored Works

No abstract provided.

The Haitian Refugee Immigration Fairness Act, Tonya Piper

Law Library Student-Authored Works

No abstract provided.

Assisted Reproductive Technology And The Law, Margaret Akin

Law Library Student-Authored Works

No abstract provided.

Fourth Amendment Protection From Government Intrusion Of E-Mail And Internet Communications, William Randall King

Law Library Student-Authored Works

No abstract provided.