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Cracks On The Wall: Why States Should Be Allowed To Lead On Climate Change, William R. Montalvo 2010 Fordham University School of Law

Cracks On The Wall: Why States Should Be Allowed To Lead On Climate Change, William R. Montalvo

Fordham Environmental Law Review

No abstract provided.


A Modern Overview Of Wildfire Law, Karen M. Bradshaw 2010 Fordham University School of Law

A Modern Overview Of Wildfire Law, Karen M. Bradshaw

Fordham Environmental Law Review

No abstract provided.


Critical Habitat Designations After New Mexico Cattle Growers: An Analysis Of Agency Discretion To Exclude Critical Habitat, Jared B. Fish 2010 Fordham University School of Law

Critical Habitat Designations After New Mexico Cattle Growers: An Analysis Of Agency Discretion To Exclude Critical Habitat, Jared B. Fish

Fordham Environmental Law Review

No abstract provided.


What Would Coase Do? (About Parking Regulation), Michael Lewyn 2010 Touro School of Law

What Would Coase Do? (About Parking Regulation), Michael Lewyn

Fordham Environmental Law Review

No abstract provided.


Keep Hope Alive: Updating The Prudent Investment Standard For Allocating Nuclear Plant Cancellation Costs, Jonathan Kahn 2010 Hamline University School of Law

Keep Hope Alive: Updating The Prudent Investment Standard For Allocating Nuclear Plant Cancellation Costs, Jonathan Kahn

Fordham Environmental Law Review

No abstract provided.


Is The Attorney-Client Privilege Under Attack?, Nancy B. Rapoport, Jennifer Gross 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Is The Attorney-Client Privilege Under Attack?, Nancy B. Rapoport, Jennifer Gross

Scholarly Works

This short article discusses the Textron case and attorney-client privilege in foreign jurisdictions.


Lawyerless Dispute Resolution: Rethinking A Paradigm, Jean R. Sternlight 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Lawyerless Dispute Resolution: Rethinking A Paradigm, Jean R. Sternlight

Scholarly Works

Do participants in mediation and arbitration have attorneys? Do they need them? Although the phenomenon of pro se litigation has received substantial attention in recent years, few commentators or policymakers have focused on these questions. The failure to focus on the possible need for representation in mediation and arbitration is based on an often unstated premise that because ADR processes are purportedly non-adversarial or less adversarial than litigation, disputants need representation less in ADR than they do in litigation. This Article suggests that the failure to focus on the possible need for representation in mediation and arbitration is fundamentally misguided ...


A Writing Life, Linda H. Edwards 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

A Writing Life, Linda H. Edwards

Scholarly Works

This essay was written on the occasion of the 25th anniversary of the Legal Writing Institute (LWI), celebrated at Mercer University School of Law, LWI’s current home. In a sense the essay is retrospective, for it is written to honor the scholars whose work has moved us toward a vision of legal writing scholarship and all it can offer. Many of those experienced and inspiring scholars have kindly offered their advice for inclusion in this essay. That advice is probably the most important content included here, and it is placed, appropriately, at the end of the text as the ...


Judge Bell And Professional Courage, Larry D. Thompson 2010 University of Georgia School of Law

Judge Bell And Professional Courage, Larry D. Thompson

Scholarly Works

This article eulogizes Judge Griffin B. Bell, with an emphasis on the importance of professional standards in the legal field.


A Dangerous Undertaking Indeed: Juvenile Humor, Raunchy Jokes, Obscene Materials And Bad Taste In Copyright, David E. Shipley 2010 University of Georgia School of Law

A Dangerous Undertaking Indeed: Juvenile Humor, Raunchy Jokes, Obscene Materials And Bad Taste In Copyright, David E. Shipley

Scholarly Works

Some of the most important statements in our nation’s rich copyright jurisprudence were written by Justice Holmes over a century ago in Bleistein v. Donaldson Lithographing Co.,a case holding that circus posters were entitled to copyright protection.

In Bleistein, Justice Holmes stated that “[i]t would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of [writings, illustrations, music and other forms of expression] outside of the narrowest and most obvious limits.” This announced what has been called the principle of “aesthetic non-discrimination.

“Pull My Finger Fred,” and ...


Portraits Of Women At Nuremberg, Diane Marie Amann 2010 University of Georgia School of Law

Portraits Of Women At Nuremberg, Diane Marie Amann

Scholarly Works

This essay reflects ongoing research that investigates women who played roles in war crimes trials at Nuremberg, Germany, and situates those women within the context of social developments during the post-World War II era. Based on an autumn 2009 presentation at the Third International Humanitarian Law Dialogs, the essay builds upon the “Women at Nuremberg” series posted at IntLawGrrls blog. The essay mentions women who were defendants, journalists, or witnesses; however, it focuses on some of the women, mostly Americans, who served as prosecutors at Nuremberg.


The Past, Presence, And Future Of Legal Writing Scholarship: Rhetoric, Voice, And Community, Linda L. Berger, Linda H. Edwards, Terrill Pollman 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Past, Presence, And Future Of Legal Writing Scholarship: Rhetoric, Voice, And Community, Linda L. Berger, Linda H. Edwards, Terrill Pollman

Scholarly Works

This article welcomes a new generation of legal writing scholars. In the first generation, legal writing professors debated whether they should be engaged in legal scholarship at all. In the second generation, assuming that they should be engaged in scholarship, legal writing professors discerned and defined different genres of and topics for the scholarship in which some or all of us were or should be engaged. In this article, we map the contours of a third generation of legal writing scholarship - one that integrates the elements of our professional lives and allows us to engage more effectively with our professional ...


Discrimination Redefined, Ann C. McGinley 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Discrimination Redefined, Ann C. Mcginley

Scholarly Works

In this Response to Professor Natasha Martin's article Pretext in Peril, Professor Ann McGinley argues that courts' retrenchment in cases interpreting Title VII of the 1964 Civil Rights Act results from a narrow definition of discrimination that focuses on conscious, intentional discrimination. Increasingly social science research demonstrates that much disparate treatment occurs as a result of unconscious biases, but the courts' reluctance to consider this social science has led, in many cases, to a literal, narrow definition of “pretext." Moreover, she posits that the recent Supreme Court case of Ricci v. DeStefano redefines discrimination in an ahistorical and acontextual ...


Reform In California's Immigration Enforcement And Immigration Court, Nelson E. Gil 2010 Claremont McKenna College

Reform In California's Immigration Enforcement And Immigration Court, Nelson E. Gil

CMC Senior Theses

According to the Department of Homeland Security, Office of Immigration Statistic, California accounts for approximately 2,600,000 illegal immigrants in 2009. This number represents about 25 percent of the entire estimated illegal immigrant population in the United States, which is roughly 10.8 million. Between 2003 and 2008, the U.S. government removed 1,446,338 noncitizens from the United States. This rise in deportation is a result o the changes that have been enacted by the federal government over the years that transformed the nature of immigration enforcement. This thesis explores the California Immigration Enforcement system from the ...


The Insurance Policy As Statute, Jeffrey W. Stempel 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Insurance Policy As Statute, Jeffrey W. Stempel

Scholarly Works

Insurance policies are classified as a subspecies of contract. Although the taxonomy is correct, rigid adherence to this classification system limits the legal system's ability to deal with some of the most problematic and frequently litigated questions of insurance coverage. Restricting conception of insurance policies to the contract model unduly limits analysis of the meaning and function of the policies. In addition, restricting characterization of insurance as a matter of “contract” does not necessarily produce swift, inexpensive, efficient, or uniform decisions (to say nothing about accuracy, justice, or fairness). Within contract law, scholars, and courts differ over the respective ...


Symposium, The Legal Writing Institute: Celebrating 25 Years Of Teaching And Scholarship, Linda H. Edwards 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Symposium, The Legal Writing Institute: Celebrating 25 Years Of Teaching And Scholarship, Linda H. Edwards

Scholarly Works

This is the transcript of Mercer Law Review’s Symposium, The Legal Writing Institute: Celebrating 25 Years of Teaching & Scholarship. In this Symposium Linda Edwards, among other panelists, discussed the work that goes into producing scholarship.


Licensing And Patent Protection, Arijit Mukherjee, Aniruddha Bagchi 2010 University of Nottingham

Licensing And Patent Protection, Arijit Mukherjee, Aniruddha Bagchi

Faculty Publications

We show the impact of technology licensing on optimal patent policy. Strong patent protection that eliminates imitation may not be the equilibrium outcome in the presence of licensing. Depending on the cost of innovation, licensing may either increase or reduce the strength of the patent protection.


Poverty Revenue: The Subversion Of Fiscal Federalism, Daniel L. Hatcher 2010 University of Baltimore School of Law

Poverty Revenue: The Subversion Of Fiscal Federalism, Daniel L. Hatcher

All Faculty Scholarship

Fiscal federalism is a staple of economic theory that underlies the federal-state partnership in the nation‘s largest federal grant-in-aid programs, such as Medicaid and Title IV-E Foster Care. The theory is founded on a simple principle, the collaboration of the federal government‘s financial power and stability and state governments‘ ability to deliver services tailored to regional needs. However, the theory ignores a vast industry that has grown around the flow of federal funds. In addition to providing operational and consulting services for all aspects of government aid, this poverty industry - which usurps inherently governmental functions and is rife ...


The "Discretionary Clause" In Erisa Health Insurance Plans, Greg Munro 2010 University of Montana School of Law

The "Discretionary Clause" In Erisa Health Insurance Plans, Greg Munro

Faculty Journal Articles & Other Writings

This article reviews the issue of the power of state insurance commissioners to regulate the use of the discretionary clause under ERISA. The article questions the remarkable power imbalance between insureds and insurers noting the courts' deference to decisions made under discretionary clauses and the abuse of discretion standard.


The Structural Causes Of Mortgage Fraud, Jim Smith 2010 UGA School of Law

The Structural Causes Of Mortgage Fraud, Jim Smith

Scholarly Works

Mortgage fraud, often a violation of federal and state criminal statutes, covers a number of different types of behavior, all of which have the common denominator of conduct that has the intent or effect of impairing the value of residential mortgage loans. Mortgage fraud has become prevalent over the past decade and shows no signs of diminishing despite the collapse of domestic housing markets during the past two years. This paper analyzes the complex relationships between prime mortgage loan markets, subprime markets, and various types of mortgage fraud. This paper concludes that the root causes of mortgage fraud are associated ...


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