Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

384,870 Full-Text Articles 153,402 Authors 142,595,802 Downloads 378 Institutions

All Articles in Law

Faceted Search

384,870 full-text articles. Page 6126 of 6710.

Alternative Justifications For Law School Academic Support Programs: Self-Determination Theory, Autonomy Support, And Humanizing The Law School., Louis N. Schulze Jr. 2010 New England School of Law

Alternative Justifications For Law School Academic Support Programs: Self-Determination Theory, Autonomy Support, And Humanizing The Law School., Louis N. Schulze Jr.

Louis N. Schulze Jr.

This Article examines alternative justifications for law school academic support programs (hereinafter “ASPs”). By “alternative,” I mean justifications not having anything to do with bar passage rates or even demonstrable increases in academic performance, per se. My thesis is two-fold. First, I argue that ASPs help humanize the law school environment. By providing a source of encouragement and assistance in an environment too often devoid of significant positive support, ASPs can leave students feeling that their law school actually cares whether they succeed. For those in academia who believe that providing a more humane law school environment is an admirable ...


Terrorism Online: Is Speech The Same As It Ever Was?, Steven R. Morrison 2010 University of North Dakota School of Law

Terrorism Online: Is Speech The Same As It Ever Was?, Steven R. Morrison

Steven R Morrison

Abstract to “Terrorism Online: Is Speech the Same as It Ever Was?” By Steven R. Morrison Like all of us, terrorists now use the Internet for many purposes. It is commonly believed that planning operations, fundraising, and recruitment are the three main ways that terrorists take advantage of online communication. While it is clear that speech related to the first two can be prohibited, online recruitment speech may be protected under the First Amendment. As a result, a number of commentators have been concerned at online recruitment and the fact that our current speech rules may not be adequate to ...


Punishing The Penitent: Disproportionate Fines In Recent Fcpa Enforcements And Suggested Improvements, Bruce Hinchey 2010 George Washington University

Punishing The Penitent: Disproportionate Fines In Recent Fcpa Enforcements And Suggested Improvements, Bruce Hinchey

Bruce Hinchey

The Department of Justice has long promised tangible benefits to companies that voluntarily disclose Foreign Corrupt Practices Act (FCPA) violations. Justice Department officials have promised that the enforcement of the FCPA is both fair and consistent. Despite these promises, critics question the benefits of voluntary disclosure based on the outcome of a few, isolated cases. In this thesis, forty FCPA cases from 2002 through 2009 are compiled, comparing the ratio between bribes and fines for companies that do and do not voluntarily disclose. The results side with the critics and reveal that there does not appear to be a benefit ...


Acontextual Judicial Review, Louis Michael Seidman 2010 Georgetown University Law Center

Acontextual Judicial Review, Louis Michael Seidman

Louis Michael Seidman

Is constitutional judicial review a necessary component of a just polity? A striking feature of the current debate is its tendency to proceed as if the question could be answered in the same way always and everywhere. Defenders of constitutional review argue that is a conceptually necessary feature of constitutionalism, the rule of law, and the effective protection of individual rights. Critics claim that it is necessarily inconsistent with progressive politics and democratic engagement. Largely missing from the debate is a fairly obvious point: Like any other institution, constitutional review must be evaluated within a particular temporal, cultural, and political ...


Classifying Admissions And Prior Statements: Alternatives To Rule 801(D)’S Confusing And Misguided Use Of The Term “Not Hearsay”, Sam Stonefield 2010 Western New England College School of Law

Classifying Admissions And Prior Statements: Alternatives To Rule 801(D)’S Confusing And Misguided Use Of The Term “Not Hearsay”, Sam Stonefield

Sam Stonefield

This article examines the treatment of admissions and prior statements in hearsay law generally and in Rule 801(d) of the Federal Rules of Evidence in particular. Nearly everyone agrees that Rule 801(d)’s classification of such statements as “not hearsay” is “awkward” and “wrong” (even “Orwellian”) and violates the norms of clarity and consistency expected of good drafting and the standards of the Guidelines for Drafting and Editing the Federal Rules. Yet the rule was drafted by a distinguished Advisory Committee, enacted by Congress, adopted by 34 states and has survived for over 35 years. How did this ...


Do Sexting Prosecutions Violate Teenagers’ Constitutional Rights?, JoAnne Sweeny 2010 Loyola University New Orleans

Do Sexting Prosecutions Violate Teenagers’ Constitutional Rights?, Joanne Sweeny

JoAnne Sweeny

The media has recently been highlighting a rash of prosecutions of teenagers who engage in “sexting” – sending nude or sexually explicit images of themselves or their peers – under child pornography laws. These prosecutions have led to mass criticism for threatening teens with long prison terms and registering as sex offenders for activities that are perceived to be relatively innocent. Many, if not most, of these sexting teens are legally permitted to engage in sexual activities through their states’ statutory rape laws, which leads to an absurd situation where teens are permitted to engage in sex but not photograph it. This ...


All The News That's Fit To Fund: The Low-Profit Limited Liability Newspaper, Christopher J. Hickman 2010 Brooklyn Law School

All The News That's Fit To Fund: The Low-Profit Limited Liability Newspaper, Christopher J. Hickman

Christopher J. Hickman

The traditional media, specifically the newspaper industry, is in a period of significant upheaval. Newspapers are overburdened by economic hardship and the ascension of new models of news-gathering and distribution, particularly the Internet. This Note proposes that the newspaper industry's old, ineffective business platform should be cast aside in favor of a hybrid social enterprise model, specifically the low-profit limited liability company (the “L3C”). The L3C, a "for-profit with a non-profit soul," will function as both an engine for moderate profits for investors and a platform for socially conscious values in the news reporting context.


Taxation As Regulation: Carbon Tax, Health Care Tax, Bank Tax And Other Regulatory Taxes, Reuven S. Avi-Yonah 2010 University of Michigan Law School

Taxation As Regulation: Carbon Tax, Health Care Tax, Bank Tax And Other Regulatory Taxes, Reuven S. Avi-Yonah

Law & Economics Working Papers

This paper addresses three questions: 1. Is regulation a legitimate goal for taxation? 2. Which tax is best suited for regulation? 3. Would it be better to allocate just one goal per tax among the major taxes (individual and corporate income tax and VAT)? It then analyzes the proposed bank tax and the enacted health care tax as regulatory taxes, and concludes that the first is desirable (as is a carbon tax) but the second is not.


Intermountain And The Growing Importance Of Administrative Law In Tax Law, Steve R. Johnson 2010 Florida State University College of Law

Intermountain And The Growing Importance Of Administrative Law In Tax Law, Steve R. Johnson

Scholarly Publications

On September 29, 2009, Treasury issued regulations retroactively extending the six-year limitations period for income tax deficiencies resulting from basis overstatements. In its May 6 Intermountain decision, the Tax Court unanimously invalidated those regulations, but on divided rationales. The government has appealed.

lntermountain is a must-read for tax academics and practitioners. It is among the richest decisions on the procedural and substantive validity of tax regulations. Moreover, the opinions in the case, subsequent cases on the issue, .and commentary on these opinions and cases present genuine opportunity for improvement of the law.

This report has five sections. Section I sketches ...


“The Sole Right...Shall Return To The Authors”: Anglo-American Authors’ Reversion Rights From The Statute Of Anne To Contemporary U.S. Copyright, Lionel Bently, Jane C. Ginsburg 2010 University of Cambridge, Faculty of Law

“The Sole Right...Shall Return To The Authors”: Anglo-American Authors’ Reversion Rights From The Statute Of Anne To Contemporary U.S. Copyright, Lionel Bently, Jane C. Ginsburg

Columbia Public Law & Legal Theory Working Papers

This study of author’s reversion rights begins with the Statute of Anne and the debates that led up to the adoption of section 11, which vested in the author a second fourteen-year term, provided he or she was still alive at the end of the initial fourteen-year term. The study then will address the impact of the author’s reversion right on publishing practice and authors’ welfare in the United Kingdom through the eighteenth century to the demise of the reversion right in 1814. We will suggest that the apparent lack of use of the reversion right by authors ...


Emergent Disability & The Limits Of Equality: A Critical Reading Of The Un Convention On The Rights Of Persons With Disabilities, Elizabeth Ribet 2010 Syracuse University

Emergent Disability & The Limits Of Equality: A Critical Reading Of The Un Convention On The Rights Of Persons With Disabilities, Elizabeth Ribet

Elizabeth R Ribet

The UN Convention on the Rights of Persons with Disabilities marks a shift in international legal relationships to and conceptions of disability. The Convention is the first binding international instrument of its kind related to disability. Its premises differ from the earlier World Programme on Disability, and more closely integrate the frameworks of U.S. domestic equal protection and disability civil rights law. Drawing on critical race and feminist theoretical literature, this paper critically examines the implications of internationalizing a U.S. disability law framework, with particular attention to the problem of "emergent disability", or disability which is specifically produced ...


Originalism Is Useless, Lawrence Rosenthal 2010 Chapman University School of Law

Originalism Is Useless, Lawrence Rosenthal

Lawrence Rosenthal

Originalism is in ascendance. Both in judicial opinions and in the legal academy, originalist methods of constitutional interpretation are increasingly prominent. This essay nevertheless makes what may seem a claim – originalism is useless. In this, the essay takes a different path the the critics of orignalism have offered to date. Attacks on originalism usually question its normative desirability, but do not doubt that originalism offers a distinct approach to constitutional adjudication as compared to nonoriginalism. The concern here is with the question whether originalism is actually of help in addressing the kind of constitutional questions that come before the courts ...


Originalism Is Useless, Lawrence Rosenthal 2010 Chapman University School of Law

Originalism Is Useless, Lawrence Rosenthal

Lawrence Rosenthal

Originalism is in ascendance. Both in judicial opinions and in the legal academy, originalist methods of constitutional interpretation are increasingly prominent. This essay nevertheless makes what may seem a claim – originalism is useless. In this, the essay takes a different path the the critics of orignalism have offered to date. Attacks on originalism usually question its normative desirability, but do not doubt that originalism offers a distinct approach to constitutional adjudication as compared to nonoriginalism. The concern here is with the question whether originalism is actually of help in addressing the kind of constitutional questions that come before the courts ...


White Male Heterosexist Norms In The Confirmation Process, Theresa M. Beiner 2010 University of Arkansas at Little Rock William H. Bowen School of Law

White Male Heterosexist Norms In The Confirmation Process, Theresa M. Beiner

Theresa M. Beiner

Justice Sonia Sotomayor’s confirmation hearing took a controversial turn when commentators picked up on a reference in the New York Times to a portion of a speech she gave in 2001. In that speech, then Judge Sotomayor opined that, “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.” That statement, along with her participation in the per curiam decision in Ricci v. DeStefano, caused a minor storm during her confirmation. More recently, former Harvard Dean ...


Private Regulation, ronen avraham 2010 University of Texas at Austin

Private Regulation, Ronen Avraham

ronen avraham

In this paper I propose implementing a “private regulation regime” for healthcare which would realign health care providers’ incentives so as to significantly reduce the healthcare system’s three major cost drivers: medical errors, defensive medicine and offensive medicine. The private regulation regime would consist of private firms which would develop clinical practice guidelines and sell them to client health care providers. In exchange for purchasing, and following, the guidelines, providers would be immune from medical malpractice lawsuits. The private regulators, though, would face liability for producing suboptimal guidelines. Providers would be less likely to make medical errors because they ...


Rendition Operations: Does U.S. Law Impose Any Restrictions?, Daniel L. Pines 2010 Central Intelligence Agency

Rendition Operations: Does U.S. Law Impose Any Restrictions?, Daniel L. Pines

Daniel L Pines

For centuries, the United States has seized individuals oversees and, outside any formal extradition process, brought such individuals to the United States to stand trial. A more recent wrinkle has been the transfer of such individuals to other countries for the purposes of prosecution or interrogation. Known as “rendition operations,” such transfers have often been criticized. Numerous commentators, asserting that many of these activities violate U.S. law, have called on the U.S. government to cease such operations and prosecute U.S. officials who engage in them. Nonetheless, a Special Task Force established by President Obama recently advocated the ...


Trout Of Bounds: The Effects Of The Federal Circuit Court Of Appeals’ Incorrect Fifth Amendment Takings Analysis In Casitas Municipal Water District V. United States, Raymond Dake 2010 SelectedWorks

Trout Of Bounds: The Effects Of The Federal Circuit Court Of Appeals’ Incorrect Fifth Amendment Takings Analysis In Casitas Municipal Water District V. United States, Raymond Dake

Raymond Dake

Abstract: The Federal Circuit Court of Appeals decision in Castias Municipal Water District v. United States to apply a physical takings analysis to the partial interference of the water district’s water rights by the government in order to protect the steelhead trout through enforcement of the Endanger Species Act (“ESA”) is incorrect, plain and simple. Instead, I argue for the use of a regulatory takings analysis for partial takings of rights to use water under the Penn Central Test. The Casitas Court’s ruling misapplies California water law, disregards U.S. Supreme Court precedent from Tahoe-Sierra, ignores underlying theory ...


A Final Obstacle: Barriers To Divorce For Immigrant Victims Of Domestic Violence In The United States, Mariela Olivares 2010 The Catholic University of America Columbus School of Law

A Final Obstacle: Barriers To Divorce For Immigrant Victims Of Domestic Violence In The United States, Mariela Olivares

Mariela Olivares

Low-income immigrant victims of domestic violence face significant—and understudied—social, legal and political obstacles in obtaining divorces from their abusive spouses. Moreover, funding restrictions on legal service providers often prohibit their representation of victims in divorce proceedings, which further reduces immigrant victims’ ability to obtain meaningful divorce relief. These issues are virtually unexamined in the scholarly literature; the problem of the abused, immigrant wife seeking a divorce has been given short shrift. This Article examines the problems confronting this community then proposes reforms to address its particular needs. Part I explores the unique condition of the immigrant living in ...


The Pre-History Of Fair Use, 2010 Selected Works

The Pre-History Of Fair Use

Matthew Sag

This article reconsiders the history of copyright’s pivotal fair use doctrine. The history of fair use does not in fact begin with early American cases such as Folsom v. Marsh in 1841, as most accounts assume—the complete history of the fair use doctrine begins with over a century of copyright litigation in the English courts. Reviewing this ‘pre-history’ of the American fair use doctrine leads to two significant conclusions. The first is that copyright and fair use evolved together. Virtually from its inception, statutory copyright went well beyond merely mechanical acts of reproduction and was defined by the ...


The California Resale Royalty Act: Droit De [Not So] Suite, Emily Eschenbach Barker 2010 University of California Hastings College of Law

The California Resale Royalty Act: Droit De [Not So] Suite, Emily Eschenbach Barker

Emily Eschenbach Barker

It is a generally accepted principal that an artist owns certain rights to exploit the economic value of his works. In the United States an artist’s rights are protected by various provisions of the federal copyright laws. These pecuniary rights exist largely in the same form across the globe, however, some countries, and now the state of California, have begun to recognize personal rights of artists in their work. These moral rights, or droit moral, are retained by the artist even after a work is sold. The particular moral right that my manuscript is concerned with is the droit ...


Digital Commons powered by bepress