Law Commons^™

The Next Generation Of Legal Citations: A Survey Of Internet Citations In The Opinions Of The Washington Supreme Court And Washington Appellate Courts, 1999-2005, Tina S. Ching

The Journal of Appellate Practice and Process

No abstract provided.

Religious Liberty That Almost Wasn't: On The Origin Of The Establishment Clause Of The First Amendment, Gregory C. Downs

University of Arkansas at Little Rock Law Review

The purpose of this article is to briefly examine the origin of the Establishment Clause in the event sometimes referred to as the "Virginia Experience," and to consider the possibility that the significant "leading roles" in the First Amendment's creation were not limited to Jefferson and Madison. Further, Madison's leading role in the actual sponsorship of the First Amendment may not have been entirely voluntary. With the ever-present litigation and controversies revolving around the extent and meaning of the First Amendment's Establishment Clause, the overlooked history of the creation of the First Amendment is both interesting and instructive in the …

Certifying Questions To The Arkansas Supreme Court: A Practical Means For Federal Courts In Clarifying Arkansas State Law, Coby W. Logan

University of Arkansas at Little Rock Law Review

The purpose of this article is to raise awareness of the authority of federal courts to certify questions to the Arkansas Supreme Court and of some of the undeveloped legal issues surrounding the rule itself. The certification process, allowed under Arkansas Supreme Court Rule 6-8, is neither simple nor inexpensive, but it will most likely be less complicated and expensive than other alternatives available to a federal court and litigants involved in federal court litigation when a question of unclear Arkansas state law presents itself. Certification is treated as an appeal. Therefore, fees and costs are the same as in …

Constitutional Law—Campaign Finance Law & The First Amendment—Can You See The Light?: Illuminating Precedent And Creating A New Tier Of Judicial Scrutiny For Campaign Finance Laws. Randall V. Sorrell, 126 S. Ct. 2479 (2006)., Christopher A. Mcnulty

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Equal Protection & Due Process—Is The Arkansas Supreme Court Abandoning Judicial Federalism?, Alexander Justiss

University of Arkansas at Little Rock Law Review

This note examines the history of judicial federalism by discussing the history of its use, as well as the analytical models that have been produced by its various adoptive jurisdictions. The development of these models has given courts much authority in determining the scope of individual rights within their respective jurisdictions. Further, a discussion follows that explores the criticisms directed at the use of such authority.

This note also examines the Arkansas Supreme Court's adoption and use of judicial federalism as a necessary safeguard against governmental infringements on individual rights, particularly those involving the right to privacy. Although such cases …

Settlement Agreements Are Favored Under North Carolina Law... Or So We Thought: Problems With The Court Of Appeals' New Approach Allowing County Governments To Invalidate An Otherwise Binding Settlement Agreement Using North Carolina General Statute Section 159-28, Ryan C. Aul

Campbell Law Review

This comment first examines the established law of settlement agreements in North Carolina, specifically relating to how such agreements are favored under the law, general enforcement of these agreements, and special rules concerning counties and municipalities. Second, it focuses on the requirements for a pre-audit certification under North Carolina General Statute section 159-28(a), the perplexing judicial interpretation of this statute by the North Carolina Court of Appeals, and the resulting inequitable status of the law that treats settlement agreements with county and municipal governments on a different playing field than those with a private entity. Finally, a proposal is offered …

Container Port Security: A Layered Defense Strategy To Protect The Homeland And The International Supply Chain, Wendy J. Keefer

Campbell Law Review

This article describes the currently perceived threats of terrorist attacks on port facilities, focuses on several container-specific legal developments aimed at protecting United States ports from terrorist threats, and briefly contemplates the role of technology and the government's current layered approach to port security and protection of the international supply chain involving container shipments. Consideration is given to the ultimate goal-protecting port facilities and communities from violent terrorist attacks without creating economically dangerous inefficiency or unnecessary costs.

"It Is Much Easier To Find Fault With Others, Than To Be Faultless Ourselves": Contributory Negligence As A Bar To A Claim For Breach Of The Implied Warranty Of Merchantability, William B. L. Little

Campbell Law Review

To better understand the policy underpinnings of the statutory bar of certain implied warranty merchantability claims, this Article first reviews the origins and the continued vibrancy of the doctrine of contributory negligence in North Carolina. The doctrine is then examined in the context of North Carolina's enactment of the Products Liability Act and the doctrine's applicability to the implied warranty of merchantability.

North Carolina V. Bryant: Paving The Way For A Comprehensive National Sex Offender Registry, Karen S. Schuller

North Carolina Central Law Review

No abstract provided.

Apprendi/Blakely: A Primer For Practitioners, Bruce Cunningham, Heather Rattelade, Amanda Zimmer

North Carolina Central Law Review

No abstract provided.

Embracing The Living Constitution: Justice Anthony M. Kennedy's Move Away From A Conservative Methodology Of Constitutional Interpretation, Lisa K. Parshall

North Carolina Central Law Review

No abstract provided.

Persecution Based On Persecution: How Gao V. Gonzales Broadens The Interpretation Of Asylum, David Baxter

North Carolina Central Law Review

No abstract provided.

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2007-2008, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.

Grade Distribution - Fall Semester 2007, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Point Allocation History For Fall Semester 2007, Office Of Registrar

Semester Schedules and Information

No abstract provided.

The Forum (Volume 37, Number 2), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Dialogue Magazine, Fall 2007

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

Leed Building Ordinances For Local Governments, Dennis Boothe, Lori Leonardo, Darren Rowles

Land Use Clinic

Local government ordinances requiring the implementation of green building standards in public buildings are increasingly common. Most of these ordinances adopt the Leadership in Energy and Environmental Design (LEED) Green Rating System, promulgated by the U.S. Green Building Council (USGBC).This paper surveys local government ordinances and resolutions requiring public green building and discusses the possible variations and options available to a local government seeking to draft public green building regulations.

Model Junkyard Ordinance, Lydia Doyle

Land Use Clinic

This paper is designed to provide an overview of junkyard regulation in Georgia as it currently exists on the federal, state and local level. Following this summary of junkyard regulation is a model junkyard ordinance to be used by communities in Georgia as guidance or the basis for their junkyard ordinances.

The Constitutionality Of Open Space Requirements And Minimum Lot Sizes, Matthew Weiss

Land Use Clinic

The United States Supreme Court and other federal and state courts have consistently dismissed challenges against open space requirements and reductions in minimum lot sizes similar to those that exist within ordinances regulating conservation subdivisions. Although some precedent exists for finding open space requirements and minimum lot sizes unconstitutional, courts have only reached such conclusions in limited situations where the challenged regulations destroy the entire economic value of a plaintiff’s property, where there is no rational basis for the regulations, or where the land use regulation is found to substantially interfere with the property owner’s use and enjoyment of their …

2007-2008 Fordham Law School Faculty Bibliography, Fordham Law School Library

Faculty Bibliography

No abstract provided.

Unjust Enrichment And Creditors, Emily Sherwin

Cornell Law Faculty Publications

The constructive trust remedy plays an important role in bankruptcy because it places restitution claimants in a position of priority over creditors. According to traditional rules governing constructive trusts, restitution claimants who can identify particular assets in the debtor's hands as products of an unjust enrichment recover in full, to the exclusion of other unsecured creditors. The draft Restatement (Third) of Restitution and Unjust Enrichment endorses this outcome with only minor qualifications.

The supposed basis for a constructive trust is unjust enrichment: courts grant the remedy to prevent the defendant from profiting at the claimant's expense. In bankruptcy, the parties …

Race And Recalcitrance: The Miller-El Remands, Sheri Johnson

Cornell Law Faculty Publications

In Batson v. Kentucky, the Supreme Court held that a prosecutor may not peremptorily challenge a juror based upon his or her race. Although Baston was decided more than twenty years ago, some lower courts still resist its command. Three recent cases provide particularly egregious examples of that resistance. The Fifth Circuit refused the Supreme Court's instruction in Miller-El v. Cockrell, necessitating a second grant of certiorari in Miller-El v. Dretke. The court then reversed and remanded four lower court cases for reconsideration in light of Miller-El, but in two cases the lower courts have thus …

Group Think: The Law Of Conspiracy And Collective Reason, Jens David Ohlin

Cornell Law Faculty Publications

Although vicarious liability for the acts of co-conspirators is firmly entrenched in federal courts, no adequate theory explains how the act and intention of one conspirator can be attributed to another, simply by virtue of their criminal agreement. This Article argues that the most promising avenue for solving the Pinkerton paradox is an appeal to the collective intention of the conspiratorial group to commit the crime. Unfortunately, misplaced skepticism about the notion of a "group will" has prevented criminal scholars from embracing the notion of a conspiracy's collective intention to commit a crime. However, positing group intentions requires only that …

Odious Debt Wears Two Faces: Systemic Illegitimacy, Problems, And Opportunities In Traditional Odious Debt Conceptions In Globalized Economic Regimes, Larry Catá Backer

Law and Contemporary Problems

Backer examines how the traditional notion of odious debt as a method of repudiating sovereign debt may undergo a conceptual revolution as it changes focus from the illegitimacy of governments obtaining loans to the illegitimacy of the systems through which such loans are made and enforced generally. He focus his analysis on the conceptual framework Fidel Castro sought to introduce into the debate about the legitimacy of sovereign debt and the extent to which this reframing might influence international institutional approaches.

The Odious Debt Doctrine After Iraq, Jai Damle

Law and Contemporary Problems

The odious debt doctrine has experienced renewed popularity in the past few years; it has been heralded by academics, political commentators, economists, and politicians as a mechanism to alleviate burdens imposed by illegitimate rulers. In its classic formulation, the doctrine provides that a regime's debt is odious, and thus unenforceable, if the state's people did not consent to the debt, the proceeds from the debt were not used for the benefit of the people, and the regime's creditors had knowledge of the first two conditions. In 2003, the newly instated Iraqi regime began negotiations to restructure that country's debt, much …

Odious Debt In Retrospect, Daniel K. Tarullo

Law and Contemporary Problems

In the eighty years since Alexander Sack coined the phrase "odious debt," academics and activists have periodically rediscovered Sack's idea, often arguing for its application or extension-to this point, in vain. Here, Tarullo reveals the degree to which current interest in the problem of odious debt is intertwined with other problems that strike more critically at the well-being of developing-and emerging-market countries. He reasons that the necessarily complex effort needed to institutionalize a doctrine of odious debt is a potentially effective organizing principle for generating the political will to address these other persistent, debilitating problems.

Restoring America’S Human Rights Reputation, Harold Hongju Koh

Cornell International Law Journal

No abstract provided.

The Global Gag Rule: Undermining National Interests By Doing Unto Foreign Women And Ngos What Cannot Be Done At Home, Nina J. Crimm

Cornell International Law Journal

No abstract provided.

Efficient And Inefficient Debt Restructuring: A Comparative Analysis Of Voting Rules In Workouts, Hyun Chul Lee

Cornell International Law Journal

No abstract provided.