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Vol. 39, No. 03 (September 13, 2010), 2010 Maurer School of Law: Indiana University

Vol. 39, No. 03 (September 13, 2010)

Indiana Law Annotated

No abstract provided.


Tennessee Department Of Safety Vs. One 1997 Bmw 740 Vin No.: Wbagj8326vdl44999 & Seventy-Two Thousand Sixty Dollars $72,060.00 In U.S. Currency, Seized From: Yvonne Douglas, Date Of Seizure: December 5, 2009, Claimant: Anthony Testman, Lienholder: N/A, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 1997 Bmw 740 Vin No.: Wbagj8326vdl44999 & Seventy-Two Thousand Sixty Dollars $72,060.00 In U.S. Currency, Seized From: Yvonne Douglas, Date Of Seizure: December 5, 2009, Claimant: Anthony Testman, Lienholder: N/A

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Aaron J. K1721 Bryant1999 Ford Expedition Vin: 1fmpu18l1xla37585, Seized From: Aaron Joel Bryant, Date Of Seizure: April 13, 2009, Claimant: Aaron Joel Bryant, Lienholder: Title Max Of Tennesseedid Not File, 2010 University of Tennessee, Knoxville

Aaron J. K1721 Bryant1999 Ford Expedition Vin: 1fmpu18l1xla37585, Seized From: Aaron Joel Bryant, Date Of Seizure: April 13, 2009, Claimant: Aaron Joel Bryant, Lienholder: Title Max Of Tennesseedid Not File

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 2007 Nissan Armada Vin No.: 5n1ba08c47n701847, Seized From: Felton Mcneal, Date Of Seizure: 1/20/10, Claimant: Luciana Lewis, Lien Holder: Citifinancial Auto, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 2007 Nissan Armada Vin No.: 5n1ba08c47n701847, Seized From: Felton Mcneal, Date Of Seizure: 1/20/10, Claimant: Luciana Lewis, Lien Holder: Citifinancial Auto

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 2003 Or 20041 Vin No.: 1htmkaan63h557810 International Flatbed Truck One Driver Side Door And Cab Vin No.: 1htmmaal64h615120, Seized From: Farhad Matin, Date Of Seizure: July 10, 2009, Claimants: Bell Auto Sales, Inc., Farhad Matin, Progressive Hawaii Insurance Corp., Lienholder: N/A, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 2003 Or 20041 Vin No.: 1htmkaan63h557810 International Flatbed Truck One Driver Side Door And Cab Vin No.: 1htmmaal64h615120, Seized From: Farhad Matin, Date Of Seizure: July 10, 2009, Claimants: Bell Auto Sales, Inc., Farhad Matin, Progressive Hawaii Insurance Corp., Lienholder: N/A

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Department Of Children’S Services, Petitioner, Vs. Melody A. Edeigba, Grievant, 2010 University of Tennessee, Knoxville

Department Of Children’S Services, Petitioner, Vs. Melody A. Edeigba, Grievant

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


A Vaguely Jocular Guide To In Limine Motions, Curtis E.A. Karnow 2010 California Superior Court (San Francisco)

A Vaguely Jocular Guide To In Limine Motions, Curtis E.A. Karnow

Curtis E.A. Karnow

A short review of problematic in limine (pre trial) motions


A Lay Word For A Legal Term: How The Popular Definition Of Charity Has Muddled The Perception Of The Charitable Deduction, Paul J. Valentine 2010 New York University School of Law

A Lay Word For A Legal Term: How The Popular Definition Of Charity Has Muddled The Perception Of The Charitable Deduction, Paul J. Valentine

Paul J Valentine

In the United States there is a deeply held conviction “that taxpayers who donate to charity should generally not be subject to the same income tax liability as similarly situated taxpayers.” This innate sense about the Internal Revenue Code’s section 170, otherwise known as the charitable deduction, resonates with the Americans’ sense of fairness and creates strong barriers to curtailing its function. This same sense of fairness is tied to the perceived effects of the charitable deduction. Yet, how “charitable” is the charitable deduction and how charitable do we expect it to be? This paper argues that the discrepancy ...


Abnormal Mental State Mitigations Of Murder – The U.S. Perspective, Paul H. Robinson 2010 University of Pennsylvania

Abnormal Mental State Mitigations Of Murder – The U.S. Perspective, Paul H. Robinson

Faculty Scholarship

This paper examines the U.S. doctrines that allow an offender's abnormal mental state to reduce murder to manslaughter. First, the modern doctrine of "extreme emotional disturbance," as in Model Penal Code Section 210.3(1)(b), mitigates to manslaughter what otherwise would be murder when the killing "is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse." While most American jurisdictions are based upon the Mode Code, this is an area in which many states chose to retain their more narrow common law "provocation" mitigation. Second, the modern doctrine ...


‘The Grass That Gets Trampled When Elephants Fight’: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack 2010 Santa Clara University

‘The Grass That Gets Trampled When Elephants Fight’: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack

Faculty Publications

This article analyzes the outcome of the Kampala process with an eye toward the rarely-considered gender aspects of the crime of aggression, whether or not the provisions adopted represent an advancement for women, and how aspects of feminist theory might interpret the new regime. The Article concludes that any impact of the provisions will inevitably be limited by gaps and ambiguities in the definition of the crime and the jurisdictional regime, which is premised on state consent and exempts non-states parties altogether. At the same time, the insertion of the crime of aggression in the Rome Statute enables the prosecution ...


Unlimited War And Social Change: Unpacking The Cold War's Impact, Mary L. Dudziak 2010 University of Southern California Law School

Unlimited War And Social Change: Unpacking The Cold War's Impact, Mary L. Dudziak

University of Southern California Legal Studies Working Paper Series

This paper is a draft chapter of a short book critically examining the way assumptions about the temporality of war inform American legal and political thought. In earlier work, I show that a set of ideas about time are a feature of the way we think about war. Historical progression is thought to consist in movement from one kind of time to another (from wartime to peacetime, to wartime, etc.). Wartime is thought of as an exception to normal life, inevitably followed by peacetime. Scholars who study the impact of war on American law and politics tend to work within ...


Working For Another Miracle, César Rosado Marzán 2010 Chicago-Kent College of Law

Working For Another Miracle, César Rosado Marzán

César F. Rosado Marzán

No abstract provided.


Justice For All: Victim Lost In The Legal Shuffle, Dana Harrington Conner 2010 Widener Law

Justice For All: Victim Lost In The Legal Shuffle, Dana Harrington Conner

Dana Harrington Conner

No abstract provided.


“The Grass That Gets Trampled When Elephants Fight”: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack 2010 Santa Clara University

“The Grass That Gets Trampled When Elephants Fight”: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack

Beth Van Schaack

This article analyzes the outcome of the Kampala process with an eye toward the rarely-considered gender aspects of the crime of aggression, whether or not the provisions adopted represent an advancement for women, and how aspects of feminist theory might interpret the new regime. The Article concludes that any impact of the provisions will inevitably be limited by gaps and ambiguities in the definition of the crime and the jurisdictional regime, which is premised on state consent and exempts non-states parties altogether. At the same time, the insertion of the crime of aggression in the Rome Statute enables the prosecution ...


Judicial Independence In Light Of The Basic Principles On The Independence Of The Judiciary: Who Has The Right Idea?, Ubaid ul-Haq 2010 Nova Southeastern University

Judicial Independence In Light Of The Basic Principles On The Independence Of The Judiciary: Who Has The Right Idea?, Ubaid Ul-Haq

Ubaid ul-Haq

Judicial independence is a crucial component inherent in the proper and effective administration of any government. Critical to this doctrine is the larger requirement of a separation of powers, which must be established before attempting to affect any concept of judicial independence. Judicial independence essentially represents a judiciary’s ability to render decisions free of improper influences, both internal and external. The United Nations has set forth a minimum standard of judicial independence with which States should seek to comply in order to protect civil liberties and in a greater sense, human rights. Evaluating the jurisdictions of Canada, Jamaica, and ...


Human Trafficking: Iraq - A Case Study, Ali Allawi 2010 University of New Hampshire School of Law

Human Trafficking: Iraq - A Case Study, Ali Allawi

Ali Allawi

The accompanying Article explores the issue of human trafficking and sexual exploitation in postwar Iraq. It attempts, in three steps to firstly identify the issue of human trafficking and how it pertains to Iraq, secondly to examine Iraq’s international legal obligations to address the human rights violations and human trafficking issues, and lastly, recommend implementable solutions that the Iraqi government can take to meet its international obligations and remedy the problem at hand. The Article sheds new light on the growing humanitarian crisis in post war Iraq and brings awareness of the monumental challenges that face both the government ...


Global Climate Governance To Enhance Biodiversity & Well-Being: Integrating Non-State Networks And Public International Law In Tropical Forests, Andrew Long 2010 Florida Coastal School of Law

Global Climate Governance To Enhance Biodiversity & Well-Being: Integrating Non-State Networks And Public International Law In Tropical Forests, Andrew Long

Andrew Long

Environmental governance frequently represents a leading edge of global regulation. The climate regime even continues to create new modes of regulation despite a negotiation impasse. These new initiatives, like existing legal approaches to environmental challenges, too often embrace a fragmented view of issue areas that fails to reflect fundamental connections between the objects of regulation. The shortcomings of a state-driven international issue-by-issue approach to global environmental governance have long been obvious in some areas (such as tropical forests), and are becoming ever clearer in others (most notably climate change). Therefore, private networks play an increasingly important role in global environmental ...


Déjà Vu: From Comic Books To Video Games: Legislative Reliance On “Soft Science” To Protect Against Uncertain Societal Harm Linked To Violence V. The First Amendment, Terri R. Day, Ryan C.W. Hall M.D. 2010 Barry University School of Law

Déjà Vu: From Comic Books To Video Games: Legislative Reliance On “Soft Science” To Protect Against Uncertain Societal Harm Linked To Violence V. The First Amendment, Terri R. Day, Ryan C.W. Hall M.D.

Terri R. Day

This article discusses the weaknesses and limitations of social science evidence to prove that the virtual world of violent video games causes any real world harm. The Supreme Court, in its next term, will consider the constitutionality of California’s ban on the sale and rental of violent video games to minors. The controversy on violent video games is the latest legislative attempt to ban access and distribution of violent materials to children, reminiscent of the comic books debate over sixty years ago. This paper goes beyond a discussion of the First Amendment obstacles to violent video game restrictions. It ...


Big But Brittle: Economic Perspectives On The Future Of The Law Firm In The New Economy, Bernard A. Burk, David McGowan 2010 University of San Diego School of Law

Big But Brittle: Economic Perspectives On The Future Of The Law Firm In The New Economy, Bernard A. Burk, David Mcgowan

Bernard A Burk

This Article addresses the deceptively simple questions why, up to the onset of the recent recession, law firms continued to grow at the rapid rate and in the unusual configuration that they have exhibited for over 40 years; and whether lawyers, clients, law students and law schools should expect familiar trends to reassert themselves as the economy improves. We show that the copious academic theorizing addressing these questions (focusing on such notions as diversification, asset specificity, “tournament” theory, and reputational and agency-cost concerns at the level of the firm as a whole) has proved ineffective at explaining or predicting actual ...


A Criminal Justice System That Works, Alan E. Garfield 2010 Widener Law

A Criminal Justice System That Works, Alan E. Garfield

Alan E Garfield

No abstract provided.


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