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Penalty Clauses In Testaments: What Louisiana Can Learn From The Common Law, Irina Fox 2010 Louisiana State University Law Center

Penalty Clauses In Testaments: What Louisiana Can Learn From The Common Law, Irina Fox

Louisiana Law Review

No abstract provided.


Contents, 2010 Louisiana State University Law Center

Contents

Louisiana Law Review

No abstract provided.


News @ Georgia Law, August 2010, Office of Communications and Public Relations 2010 University of Georgia School of Law

News @ Georgia Law, August 2010, Office Of Communications And Public Relations

News @ Georgia Law

Academic credentials for entering class continue to climb; 12th service learning opportunity to launch this fall; Rutledge awarded a Fulbright Scholarship; Faculty and staff assume new posts at the School of Law; Rome firm wins alumni challenge; Faculty on the Record: Fazal Khan, Lori A. Ringhand, Sonja R. West, E. Ann Puckett and Donald E. Wilkes Jr.; Remembering Gabriel Wilner; Brumby receives Distinguished Service Scroll Award; Georgia Law ranked 10th in the nation for federal judicial clerkships; Homecoming BBQ tickets on sale; University develops new gameday tailgating policies; Class Notes & In Memoriam.


Legal Beagle Blog (August 2010), Roger Williams University School of Law Library 2010 Roger Williams University

Legal Beagle Blog (August 2010), Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.


Stepping Out Of The Vehicle: The Potential Of Arizona V. Gant To End Automatic Searches Incident To Arrest Beyond The Vehicular Context, Angad Singh 2010 American University Washington College of Law

Stepping Out Of The Vehicle: The Potential Of Arizona V. Gant To End Automatic Searches Incident To Arrest Beyond The Vehicular Context, Angad Singh

Articles in Law Reviews & Journals

“Because the law says we can do it” was the response Officer Griffith offered when asked why officers searched Rodney Gant’s car when he was arrested for driving with a suspended license. Officer Griffith’s honest answer exemplifies the effect of prior Supreme Court decisions on search incident to arrest power in the vehicle context: that a vehicle search incident to arrest is a police entitlement divorced from any rationale whatsoever. Concerns for officer safety and preservation of evidence -- legal justifications that generally permit warrantless searches incident to arrest generally -- had been utterly abandoned by the Court in the ...


Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled, Ross Oklewicz 2010 American University Washington College of Law

Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled, Ross Oklewicz

Articles in Law Reviews & Journals

In 2009, the Supreme Court handed down several important decisions on criminal procedure. Perhaps unanticipated at the time, two of those decisions have been read together by lower courts to reach dramatically different results. The emerging split has been sharp, bringing with it urgent calls for the Court to intervene.

Laying the foundation for the conflicting decisions was New York v. Belton, in which the Supreme Court held that “when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of the automobile ...


How Piracy Has Shaped The Relationship Between American Law And International Law, Joel H. Samuels 2010 American University Washington College of Law

How Piracy Has Shaped The Relationship Between American Law And International Law, Joel H. Samuels

American University Law Review

No abstract provided.


The Forum For Adjudication Of Employment Disputes, Samuel Estreicher, Zev J. Eigen 2010 New York University School of Law

The Forum For Adjudication Of Employment Disputes, Samuel Estreicher, Zev J. Eigen

New York University Law and Economics Working Papers

This chapter focuses on the appropriate design of the forum for adjudication of employment disputes. By the term “adjudication,” we refer to the resolution of “rights” disputes – disputes over the application of a contract or the application of a statutory or regulatory rule to a particular factual situation. We are not referring to “interests” disputes – disputes over the substantive content of an initial contract or renewal agreement. In considering the design question, we assume that all involved actors, (employees, employers, unions, etc.) retain whatever endowments they currently possess in terms of intelligence, energy, income, occupational status, access to resources, union ...


Economics Of Ancient Law, Geoffrey P. Miller 2010 New York University

Economics Of Ancient Law, Geoffrey P. Miller

New York University Law and Economics Working Papers

The economic analysis of ancient law assumes that neither human nature nor the fundamental problems of economic organization were substantially different in ancient times than they are today. Given those assumptions, ancient social organization, including ancient law, can be analysed in economic terms. This introduction to a volume of readings on the economic analysis of ancient law traces the development of the field from the foundational contributions of Bentham, Marx, Weber and Maine, through the work of Morris Silver, and on to contemporary scholars including, among others, Robert Aumann, Robert Ellickson and Charles DaA. Thorland, Henry Hansmann, Reinier Kraakman, and ...


Unmanifested Harm In Business-To-Consumer Transactions, Geoffrey P. Miller 2010 New York University

Unmanifested Harm In Business-To-Consumer Transactions, Geoffrey P. Miller

New York University Law and Economics Working Papers

Consumer products sometimes display the quality of unmanifested harm: they have not yet failed or caused harm, but they have a statistical probability of failing prior to the expiration of their expected useful life or of causing harm to exposed persons. In this situation, should consumers be entitled to an immediate remedy, or should they be required to wait until the harm becomes manifest? This article considers four liability regimes for unmanifested harm: (a) delayed damages that require the consumer to wait until the harm occurs; (b) anticipatory damages that award money to a consumer based on the statistical probability ...


A Burden-Neutral Shift From Foreign Tax Creditability To Deductibility?, Kimberly A. Clausing, Daniel N. Shaviro 2010 Reed College - Department of Economics

A Burden-Neutral Shift From Foreign Tax Creditability To Deductibility?, Kimberly A. Clausing, Daniel N. Shaviro

New York University Law and Economics Working Papers

Observers of international tax rules have long conflated two distinct effects of the foreign tax credit on multinational firms: the effect on the incentive to invest abroad and the effect on foreign tax sensitivity. With national welfare as the policy objective, we discuss how a burden neutral shift from foreign tax credits to deductibility could be designed to improve distortions associated with insensitivity to foreign taxation without raising aggregate burdens on outward foreign investment. We also provide new evidence suggesting that the tax sensitivity of outward foreign direct investment is indeed reduced for OECD countries using foreign tax credits, in ...


Exploiting The Salience Bias In Designing Taxes, Deborah H. Schenk 2010 NYU School of Law

Exploiting The Salience Bias In Designing Taxes, Deborah H. Schenk

New York University Law and Economics Working Papers

In making decisions, individuals rely on certain heuristics or cognitive biases. One of these is salience, which generally refers to visibility or prominence. Individuals are likely to focus on items or information that are prominent or salient and ignore those that are less visible. This paper develops an argument for exploiting this cognitive bias in designing or changing taxes. Most commentary assumes that the intentional use of low-salience taxes by the government is undesirable and that increased salience is always required; to do otherwise is to take advantage of the cognitive bias that causes individuals to ignore taxes that are ...


Center For Terrorism Law: Monthly Activity Report, 2010-08, St. Mary's University School of Law Center for Terrorism Law 2010 St. Mary's University

Center For Terrorism Law: Monthly Activity Report, 2010-08, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.


Randomizing Law, Ian Ayres, Yair J. Listokin, Michael Abramowicz 2010 Yale Law School

Randomizing Law, Ian Ayres, Yair J. Listokin, Michael Abramowicz

Faculty Scholarship Series

Governments should embrace randomized trials to estimate the efficacy of different laws and regulations. Just as random assignment of treatments is the most powerful method of testing for the causal impact of pharmaceuticals, randomly assigning individuals or firms to different legal rules can help resolve uncertainty about the consequential impacts of law. We explain why randomized testing is likely to produce better information than nonrandom evaluation of legal policies and offer guidelines for conducting legal experimentation successfully, considering a variety of obstacles, including ethical ones. Randomization will not be useful for all policies, but once government gains better experience with ...


Cover To Volume 2, 2010 Duke Law

Cover To Volume 2

Duke Forum for Law & Social Change

No abstract provided.


Through A Screen Darkly: Hollywood As A Measure Of Discrimination Against Arabs And Muslims, Tung Yin 2010 Duke Law

Through A Screen Darkly: Hollywood As A Measure Of Discrimination Against Arabs And Muslims, Tung Yin

Duke Forum for Law & Social Change

No abstract provided.


Modeling Terrorist Radicalization, Aziz Z. Huq 2010 Duke Law

Modeling Terrorist Radicalization, Aziz Z. Huq

Duke Forum for Law & Social Change

No abstract provided.


To Be Muslim Or “Muslim-Looking” In America: A Comparative Exploration Of Racial And Religious Prejudice In The 21st Century, Sheryll Cashin 2010 Duke Law

To Be Muslim Or “Muslim-Looking” In America: A Comparative Exploration Of Racial And Religious Prejudice In The 21st Century, Sheryll Cashin

Duke Forum for Law & Social Change

No abstract provided.


The New Face Of Discrimination: “Muslim” In America, Abdullah Antepli 2010 Duke Law

The New Face Of Discrimination: “Muslim” In America, Abdullah Antepli

Duke Forum for Law & Social Change

No abstract provided.


Defaming Muhammad: Dignity, Harm, And Incitement To Religious Hatred, Peter G. Danchin 2010 Duke Law

Defaming Muhammad: Dignity, Harm, And Incitement To Religious Hatred, Peter G. Danchin

Duke Forum for Law & Social Change

No abstract provided.


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