Law Commons^™

China's Future Lawyers: Some Differences In Education And Outlook, Patricia Ross Mccubbin, Malinda L. Seymore, Andrea Anne Curcio, Llewellyn Joseph Gibbons

Malinda L. Seymore

In this short essay, four U.S. professors who recently served as Fulbright Lecturers in Law in China share important observations about China's future lawyers. The authors discuss key differences in the legal education systems of the two countries, noting that the most significant difference is the lack of Chinese training in the critical legal analysis so familiar to U.S.-trained lawyers. The authors also discuss Chinese law students' limited knowledge of the U.S. legal system and U.S. culture generally. This essay seeks to help members of the U.S. legal community understand the different skill sets and information that Chinese lawyers may …

"Community Accountability For The Effect Of Child Abuse On Juvenile Delinquency In The Brave New World Of Behavioral Genetics, Jane Rutherford

Jane Rutherford

No abstract provided.

Erastian And High Church Approaches To The Functions And Methods Of The Law: Toward An Integration Of The Jurisprudential Categories Of Robert E. Rodes, Jr, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.

Essay: The Transition From The Inquisitorial To The Accusatorial System Of Trial Procedure: Why Some Latin American Lawyers Hesitate, Leonard Cavise

Leonard Cavise

“La Opinión De Un Funcionario Y Su Impacto En La Libre Circulación De Mercancías: La Sentencia 'Agm-Cos.Met'”, Luis González Vaqué

Luis González Vaqué

Statements which, by reason of their form and circumstances, give the persons to whom they are addressed the impression that they are official positions taken by the State, not personal opinions of the official, are attributable to the State. The decisive factor for the statements of an official to be attributed to the State is whether the persons to whom those statements are addressed can reasonably suppose, in the given context, that they are positions taken by the official with the authority of his office.

To the extent that they are attributable to the State, statements by an official describing …

“Sentencia 'Amaro Alle Erbe' De 23 De Noviembre De 2006 (Responsabilidad Del Distribuidor Sobre La Veracidad Del Etiquetado)”, Luis González Vaqué

Luis González Vaqué

Articles 2, 3 and 12 of Directive 2000/13 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs are to be interpreted as not precluding legislation of a Member State which makes it possible for an operator, established in that Member State, which distributes a pre-packaged alcoholic beverage to be delivered as such within the meaning of Article 1 of that directive, produced by an operator established in another Member State, to be held liable for an infringement of that provision, established by a public authority, resulting from the producer’s inaccurate …

“De Roma A Niza: Medio Siglo De Libre Circulación De Mercancías En La Comunidad Europea”, Luis González Vaqué

Luis González Vaqué

No abstract provided.

“Las Nociones 'Consumidor Medio' Y 'Miembro Medio De Un Grupo Particular De Consumidores' En El Reglamento N° 1924/2006 (Declaraciones Nutricionales Y De Propiedades Saludables En Los Alimentos)”, Luis González Vaqué

Luis González Vaqué

It is important that claims on foods can be understood by the consumer and it is appropriate to protect all consumers from misleading claims. However, since the enactment of Council Directive 84/450/EEC of 10 September 1984 concerning misleading and comparative advertising, the Court of Justice of the European Communities has found it necessary in adjudicating on advertising cases to examine the effect on a notional, typical consumer. In line with the principle of proportionality, and to enable the effective application of the protective measures contained in it, this Regulation takes as a benchmark the average consumer, who is reasonably well-informed …

Economics Of Plea Bargaining, Richard Adelstein

Richard Adelstein

A short summary of earlier work for a sociological audience.

The Real Costs Of Judicial Misconduct: Florida Taking A Step Ahead In The Regulation Of Judicial Speech And Conduct To Ensure Independence, Integrity, And Impartiality, Phyllis Kotey

Phyllis Kotey

No abstract provided.

Progressive Lawyering In Politically Depressing Times, Susan D. Carle

Susan D. Carle

Blessed Are..., Craig B. Mousin

Craig B. Mousin

No abstract provided.

Misguided Energy: Why Recent Legislative, Regulatory, And Market Initiatives Are Insufficient To Improve The U.S. Energy Infrastructure, Joshua P. Fershee

Joshua P Fershee

This Article argues that recent legislative and regulatory attempts to address inadequate energy infrastructure in the United States are too limited in scope and rely too heavily on market-based initiatives to stimulate the urgent improvements that are necessary. The Article analyzes the likely effects of the Energy Policy Act of 2005, challenging the assumption that the provisions intended to remove potential impediments to investment--including those repealing the Public Utilities Holding Company Act and modifying the merger review authority of the Federal Energy Regulatory Commission (“FERC”)--are likely to result in significant new investment in energy infrastructure. In addition to identifying remaining …

Drug Holdover Proceedings: An Overview From "Knew," To "Should Have Known," To "Strict Liability", Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Ethical Judicial Writing—Part Ii, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Involving Nonresident Fathers In Dependency Cases: New Efforts, New Problems, New Solutions, Leslie J. Harris

Leslie J. Harris

In contrast to traditional practice, today juvenile courts and child welfare agencies attempt to identify and involve children’s fathers in cases as soon as possible. This changing approach to nonresident fathers, in turn, makes child protection cases more complicated. If poorly implemented, it can also threaten to undermine the goals of modern child protection law—insuring children’s safety, reuniting children with the parents from whom they were removed when possible, and moving them rapidly into alternate permanent homes when not possible. Most obviously, if the policy of involving nonresidential fathers is implemented woodenly, by requiring that children be placed with the …

'Medical-Related Financial Distress,' And Health Care Finance: A Reply To Professor Melissa Jacoby, Stephen Ware

Stephen Ware

Professor Jacoby's description of medical-related financial distress as a pervasive problem is not merely a throwaway line but rather a claim that raises important, even philosophical, questions. And her goal of mak[ing] meaningful inroads into the problems caused by structural limitations of health care finance commits her to a scholarly agenda much broader than the empirical and doctrinal aspects of debtor-creditor and health law. It is an agenda that confronts grand issues of political philosophy and economics.

European Law In American Courts: Foreign Law As Evidence Of Domestic Law, Eric A. Engle

Eric A. Engle

The article outlines instances where the U.S. Supreme Court has considered E.U. laws (and foreign law, generally) in its decision making process to explain how and when foreign law may be succesfully invoked by litigants.

The Myth Of Individualism And The Appeal Of Tort Reform, Martin A. Kotler

Martin A. Kotler

This Article examines the relationship between the American political culture of individualism and long-standing, well-established tort doctrine. Although much of the doctrine in the abstract is obviously reflective of the prevailing political culture, there remains a certain ambivalence. Thus, when judges and jurors are faced with deciding concrete cases before them, they frequently abandon their professed commitment to mythological notions of self-sufficiency and personal responsibility and find the injured plaintiff to be entitled to compensation.

The modern American tort reform movement’s recognition of this ambivalence underlies the essential strategy for reform. The reformers’ goals are more far reaching than the …

Below-Cost Price Alignment: Meeting Or Beating Competition, Michal Gal

Michal Gal

May a dominant firm justify below-cost pricing by simply arguing that it aligned its prices with those of its rivals? In this essay I show that generally the answer is negative. I also argue, however, that such a rule should not be categorical and that in some circumstances a below-price meeting competition defense should be allowed, in order to protect competition. Such an exception is necessary in order to take account of the special economic characteristics of dynamic industries which differ from the brick-and-mortar industry model that assumes that scale economies are small and entry barriers are low. The article …

Phantom Parties And Other Practical Problems With The Attempted Abolition Of Joint And Several Liability, Nancy C. Marcus

Nancy C Marcus

In recent years, the allocation of responsibility to multiple tortfeasors and corresponding limitations on joint and several liability have been mired with uncertainty and change. This article describes the various forms of tort reform legislation limiting joint and several liability, explaining that some states limit joint and several liability according to the proportionality of the plaintiff's comparative fault, explaining that there is no clear majority approach to joint and several liability legislation and its interpretation by the courts, that a number of states have resisted the trend toward modifying joint and several liability, and that no state has enacted legislation …

Can Institutions Build Unity In Multiethnic States?, Zachary Elkins, John Sides

Zachary Elkins

No abstract provided.

Parenting Coordination: Resolving High Conflict Parenting Disputes In The Usa, Sherrill W. Hayes

Sherrill W. Hayes

¿Interpretación O Configuración Del Poder?: Acerca Del Precedente Que Establece La Procedencia Del Rac Contra Resoluciones Estimatorias, Óscar Súmar

Oscar Súmar

No abstract provided.

The Inheritance Process In San Bernardino County, California, 1964: A Research Note, Lawrence M. Friedman, Christopher J. Walker, Ben Hernandez-Stern

Christopher J. Walker

Probate records are ubiquitous. Virtually every American county has records of estates of the dead. These records contain rich source material for any study of American legal and social history. They have a lot to tell us about family life, about the economy, about love and death and every aspect of life in America. Yet very few scholars have tried to tap these records. There are very few empirical studies that use as their main source probate records, probably no more than a dozen or so, and even fewer in California. This research note is a modest attempt to add …

Hammering In Screws: Why The Court Should Look Beyond Summary Judgment When Resolving Section 1983 Qualified Immunity Disputes,, Teressa E. Ravenell

Teressa E. Ravenell

No abstract provided.

Annotated Bibliography Of The Legal Literature Of The Dominican Republic, Juan Javier Del Granado, Mónika Infante Henríquez

Juan Javier del Granado

This article assembles a suggested reading list of law books from the Dominican Republic for those seeking to explore and delve into the richness of this national legal literature. Although the authors are careful to point out that broad conclusions are not supported by their limited methodology, the books were chosen for their scholarly authority. The books make up a core of distinctly doctrinal sources (digests, annotated codes, encyclopedias, treatises, and certain monographs) recommended by legal practitioners from across the nation.

Remembering Robert J. Drinan, S.J., Ronald D. Rotunda

Ronald D. Rotunda

Robert F. Drinan had a varied and full legal career, as ordained Jesuit priest, Dean of Boston College Law School, U.S. Congressman, Professor at Georgetown U. Law School, and author of many books and articles. This article summarizes his life and his contributions to legal scholarship, including, in particular, his founding of the Georgetown Journal of Legal Ethics.

Law And Government Institute: Rapid Growth In Faculty, Offerings, Speakers, John L. Gedid

John L. Gedid

No abstract provided.

Taiwan Patent No. Tw270143b, Adam R. Stephenson

Adam Stephenson

No abstract provided.