Law Commons^™

Model Criminal Jury Instructions For The District Courts Of The Third Circuit, Anne Poulin

Anne Poulin

No abstract provided.

The Regulation Of Medical Malpractice In Japan, Robert Leflar

Robert B Leflar

How Japanese legal and social institutions handle medical errors is little known outside Japan. For almost all of the 20th century, a paternalistic paradigm prevailed. Characteristics of the legal environment affecting Japanese medicine included few attorneys handling medical cases, low litigation rates, long delays, predictable damage awards, and low-cost malpractice insurance. However, transparency principles have gained traction and public concern over medical errors has intensified. Recent legal developments include courts' adoption of a less deferential standard of informed consent; increases in the numbers of malpractice claims and of practicing attorneys; more efficient claims handling by specialist judges and speedier trials; …

Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May

David R. Hodas

No abstract provided.

Grundläggande Immaterialrätt, Ulrika Wennersten, Ulf Maunsbach

Ulrika Wennersten

No abstract provided.

Constitutional Solipsism: Toward A Thick Doctrine Of Article Iii Duty; Or Why The Federal Circuits’ Nonprecedential Status Rules Are (Profoundly) Unconstitutional, Penelope Pether

Penelope J Pether

Constitutional Solipsism is the fourth in a series of articles on aspects of the private judging practices which have come to characterize the U.S. state and federal courts since the late 1950s. The first, Inequitable Injunctions: The Scandal of Private Judging in the U.S. Courts, 56 STAN. L. REV. 1435 (2004) gave a critical historical account of the development of the “practices of private judging” in U.S. Courts. Take a Letter, Your Honor: Outing the Judicial Epistemology of Hart v. Massanari, 62 WASH. & LEE L. REV. 1553 (2005), analyzed the development of a distinctive U.S. theory of precedent. Sorcerers, …

India's Constitutional Challenge: A Less Visible Climate Change Catastrophe, Deepa Badrinarayana

Deepa Badrinarayana

No abstract provided.

An Evaluation Of The United Nations Convention On Contracts For The International Carriage Of Goods Wholly Or Partly By Sea (Rotterdam Rules) Through Critical Analysis, Abhinayan Basu Bal

Abhinayan Basu Bal

No abstract provided.

Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie Nice

Julie A. Nice

This essay is drawn from a keynote address for a symposium on Ten Years After Welfare Reform: Making Work Pay. The keynote was delivered on the fortieth anniversary of the assassination of Martin Luther King, Jr., who was then on the cusp of launching his Poor People’s Campaign. Professor Nice argues that the momentum toward a meaningful anti-poverty movement was stymied by the untimely deaths in 1968 of both Dr. King and the leading anti-poverty scholar, Professor Jacobus tenBroek. Examining anti-poverty policy over the forty years since their deaths, Professor Nice criticizes the narrow focus of scholars on social policy, …

Empirical And Policy Perspectives On Consumer Bankruptcy Law In The United States (In Endeudamiento Del Consumidor E Insolvencia Familiar), Melissa Jacoby

Melissa B. Jacoby

This chapter, published in Spanish, offers new empirical data from the U.S. on consumer bankruptcy filers from the 2007 Consumer Bankruptcy Project, an evaluation of the two-chapter bankruptcy system, and proposals for structural reform.

Immigration & Nationality Act Of 1965, In Latino History And Culture: An Encyclopedia (David Leonard & Carmen Lugo-Lugo Eds., M.E. Sharpe), Anil Kalhan

Anil Kalhan

No abstract provided.

Chapter 11, Section 10, T. Fogg

T. Keith Fogg

No abstract provided.

In A Dissenting Voice: Justice Ginsburg's Federalism, Russell Miller

Russell A. Miller

No abstract provided.

Book Review (Reviewing Kenneth P. Murchison, The Snail Darter Case: Tva Versus The Endangered Species Act, 2007), John Dernbach

John C. Dernbach

No abstract provided.

Intellectual Property Rights And The Right To Participate In Cultural Life, Molly Land

Molly K. Land

Although many contend that human rights law is a justification for intellectual property rights, precisely the opposite is true. Human rights law is far more a limit on intellectual property rights than a rationale for such regimes. In a variety of ways, human rights law requires states to take specific, concrete steps to limit the effects of intellectual property rights in order to protect international human rights. This powerful and emancipatory dimension of human rights law has unfortunately been overshadowed by those who claim human rights as a basis for granting exclusive rights.

The U.N. Committee on Economic, Social, and …

Building Sustainable High Seas Fisheries Through Certification Processes: Issues And Perspectives, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

Getting The Job: Resume Building And Interview Techniques (Student Presentation), Amanda Compton

Amanda E. Compton

No abstract provided.

Legislative Supremacy In The United States?: Rethinking The Enrolled Bill Doctrine, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This Article revisits the “enrolled bill” doctrine which requires courts to accept the signatures of the Speaker of the House and President of the Senate on the “enrolled bill” as unimpeachable evidence that a bill has been constitutionally enacted. It argues that this time-honored doctrine has far-reaching ramifications that were largely overlooked in existing discussions. In addition to reexamining the soundness of this doctrine’s main rationales, the Article introduces two major novel arguments against the doctrine. First, it argues that the doctrine amounts to an impermissible delegation of both judicial and lawmaking powers to the legislative officers of Congress. Second, …

Sports Arbitration And Enforcing Promises: Brian Shaw And Labor Arbitration, Roger Abrams

Roger I. Abrams

This article discusses the important Sports Law case involving Brian Shaw and the Boston Celtics. It explains how the Boston Celtics used expedited arbitration with subsequent summary court enforcement to secure the services of its prized point guard. In exchange for a multi-year contract and a signing bonus, Shaw promised to return to the Celtics after a year in the Italian Basketball League. He then reneged on his promise when informed he could earn a much higher salary after playing another year in Rome. The club invoked arbitration and compelled Shaw to fulfill his promises. The article includes profiles of …

A Review Of The Year In Family Law: Federalization And Nationalization Continue, Robert Spector, Linda Elrod

Robert G. Spector

No abstract provided.

Omg! Missing The Teachable Moment And Undermining The Future Of The First Amendment--Tisnf!, Mary Sue Backus

Mary Sue Backus

No abstract provided.

Cases And Materials On Constitutional Law (5th Ed.), David Crump, Eugene Gressman, David Day

David Day

No abstract provided.

Coordination Of Benefits, Subrogation, Reimbursement And Escape Clauses, Chapter 14, § Ii. (Issues Unique To Health Care Benefit Plans), C. (2011 Annual Update), Don Bogan

Donald T. Bogan

No abstract provided.

International Global Slavery: The Underbelly Of Business, Sharon Breckenridge Thomas

S. Breckenridge Thomas

No abstract provided.

The Geography Of Discrimination: The Seattle And Louisville Cases And The Legacy Of Brown V. Board Of Education, Robert Hayman

Robert L. Hayman

No abstract provided.

Transnational Dimensions Of Race In America, Hope Lewis

Hope Lewis

Race, a key concept in international human rights law from the beginning, should still be high on today's global priority list. However, to remain a useful concept in our increasingly complex world, race must be defined and explored as a transnational and multidimensional social construct. I reflect here on the complex nature of "Blackness." I suggest that international human rights law should engage intra-racial diversity among Blacks along cultural, gender, political, economic, and ethnic lines. Because "Blackness" itself is a product of popular social consciousness, I draw here on popular accounts of U.S Black migration and stories about the Presidential …

Federal Criminal Discovery: Handbook Regarding Exculpatory & Impeachment Material, R. Michael Cassidy, Douglas Woodlock, Leo Sorokin

R. Michael Cassidy

No abstract provided.

Phoning It In: A Digitized Lecture-Performance On The History Of Music And The Telephone, By The Killer Apps, Kembrew Mcleod, L. Glass

Kembrew McLeod

No abstract provided.

What Is Due To Others: Speaking And Signifying Subject(S) Of Rape Law, Penelope Pether

Penelope J Pether

Australian journalist Paul Sheehan's representation of the alleged and convicted immigrant Muslim/Arab rapists he demonises in Girls Like You, like his representation of the rape survivors in that text, has much to tell us about the law's production of rape law's speaking and signifying subjects, "real rape" victims and survivors, false accusers and perpetrators. This article uses a variety of texts, including Girls Like You, recent Australian rape law jurisprudence and legislative reform, texts involving two controversial recent US rape cases — one from Maryland and one from Nebraska — and a recent UK study on attrition in rape prosecutions, …

Japanese Family Law In Comparative Perspective, Laurent Mayali, Harry Scheiber

Laurent Mayali

No abstract provided.

Finding Common Ground In The Soil Of Culture, Phyllis Bernard

Phyllis E. Bernard

No abstract provided.