Profiled In 360 Jacksonville, 2009 Arizona Summit Law School
Profiled In 360 Jacksonville, Susan Daicoff
No abstract provided.
An Uncertain Future For Section 5 Of The Voting Rights Act: The Need For A Revised Bailout System, 2009 Washington and Lee University School of Law
An Uncertain Future For Section 5 Of The Voting Rights Act: The Need For A Revised Bailout System, Christopher Seaman
Christopher B. Seaman
In Northwest Austin Municipal Utility District Number One v. Holder ("NAMUDNO"), 129 S. Ct. 2504 (2009), the Supreme Court declined to decide one of the 2008 Term's most prominent issues: the constitutionality of the 2006 renewal of Section 5 of the Voting Rights Act. Instead, the Court adopted an unexpected statutory construction permitting the plaintiff to seek an exemption called "bailout" from continued coverage under this provision. But even though the Court avoided directly ruling on its constitutionality, NAMUDNO left little doubt that Section 5 remains on uncertain constitutional ground. A revised bailout system is likely the best approach ...
Book Reviews And Libel Proceedings, 2009 The Dickson Poon School of Law, King's College London
Book Reviews And Libel Proceedings, David Caron, Lori Damrosch, Bernard Oxman, Richard Bilder
David D. Caron
No abstract provided.
The Failure Of Analogy In Conceptualizing Private Entity Liability Under Section 1983, 2009 Drexel University Earle Mack School of Law
The Failure Of Analogy In Conceptualizing Private Entity Liability Under Section 1983, Richard Frankel
Richard H. Frankel
This paper examines the liability rules that apply to the growing number of private entities that perform state functions and fall within the purview of Section 1983. In particular, this paper asserts that in Section 1983 cases, courts often determine the scope of private-entity liability by comparing private-entities to government actors, and that this act of comparison leads to poor results that impair victims of constitutional violations from vindicating their rights. Instead of focusing on comparison and analogy, this paper proposes that courts should recognize that private entities are their own separate category of defendants and should treat them as ...
In Self-Defense Regarding Self-Defense: A Rejoinder To Professor Corrado, 2009 University of Arizona
In Self-Defense Regarding Self-Defense: A Rejoinder To Professor Corrado, Reid Fontaine
Reid G. Fontaine
This is a rejoinder to Professor Corrado in the upcoming special section of the American Criminal Law Review on the nature, structure, and function of self-defense and defense of others law.
Against Civil Gideon (And For Pro Se Court Reform), 2009 The University of Tennessee College of Law
Against Civil Gideon (And For Pro Se Court Reform), Benjamin Barton
Benjamin H Barton
This Article argues that the pursuit of a civil Gideon (a civil guarantee of counsel to match Gideon v. Wainright’s guarantee of appointed criminal counsel) is an error logistically and jurisprudentially and advocates an alternate route for ameliorating the execrable state of pro se litigation for the poor in this country: pro se court reform.
Gideon itself has largely proven a disappointment. Between overworked and underfunded lawyers and a loose standard for ineffective assistance of counsel the system has been degraded. As each player becomes anesthetized to cutting corners a system designed as a square becomes a circle.
Toward Universalism: What The Ada Amendments Act Of 2008 Can And Can't Do For Disability Rights, 2009 Quinnipiac University
Toward Universalism: What The Ada Amendments Act Of 2008 Can And Can't Do For Disability Rights, Kevin Barry
Kevin M Barry
The social model of disability teaches that it is society’s treatment of impairments, not the impairments themselves, which limit people. But this model permits two different approaches to civil rights coverage: protect only some (the “minority group” approach) and protect all (the “universal” approach). While some scholars suggest that the ADA’s protected class of people with “disabilities” constituted an abandonment of the universal approach to coverage, this Article argues that the ADA’s three-pronged definition of “disability” embodied a tension between the minority group approach (in its first and second prongs) and the universal approach (in its “regarded ...
Risk-Taking, 2009 Drexel University
Risk-Taking, Karl Okamoto, Douglas Edwards
“First, kill all the bankers.”
With this phrase, the Wall Street Journal recently captured the sentiment driving the movement to regulate bankers’ pay. While we agree that financial industry executives made poor decisions, we take issue with the recent suggestion that, to prevent the excessive risk-taking that led to the recent financial crisis, we must only correct certain “perverse” compensation-related incentives. This logic, unfortunately, underpins a worldwide call to reform executive compensation in the finance industry. The precise prescriptions differ, but a common view has prevailed - if we can dampen the incentives to take risk, we can achieve greater financial ...
Reasonable Perception And Parody In Copyright Law, 2009 Chicago-Kent College of Law
Reasonable Perception And Parody In Copyright Law, David Simon
When the Supreme Court decided that parodies should be given protection under the doctrine of fair use, it attempted to chart a clear course through the waters that had eddied since it last sailed through them forty-three years earlier. In the process, the Court sailed its ship in three primary directions, making the same number of holdings. First, a parody is a type of work entitled to fair use protection. Second, a work qualifies as a parody when it can “reasonably be perceived” as such. Finally, a work’s status as a parody is not determinative of whether it is ...
The Legacy Of A Supreme Court Clerkship: Stephen Breyer And Arthur Goldberg, Laura Ray
Laura K. Ray
No abstract provided.
The Coasean Analysis Of Harmful Interactions: Some Conceptual Difficulties, 2009 Jawaharlal Nehru University
The Coasean Analysis Of Harmful Interactions: Some Conceptual Difficulties, Satish Jain
Satish K. Jain
This paper is concerned with two distinct issues flowing from Coase's analysis of harmful interactions and of how courts deal with them. The first issue relates to the domain of validity of the Coase Theorem. It is argued in the paper that if non-pecuniary considerations are brought into the analysis then it can no longer be claimed that the outcome will be efficient regardless of liability assignments. In other words, it is contended in the paper that the validity of the Coase Theorem is crucially dependent on neglect of non-pecuniary considerations from the analysis. From this it follows that ...
Section 4 Of The Hindu Succession Act Of 1956, 2009 NALSAR University of Law
Section 4 Of The Hindu Succession Act Of 1956, Hari Priya
A brief write up in the form of a comprehensive article aiming to critically evaluate the Section 4 of the Hindu Succession Act of 1956. The law, as it stands amended, has not only brought about changes in the succession laws of Hindus, but has also paved the way for some positive modifications in the law of partition, alienation of property, inheritance and adoption, and the paper is an effort to evaluate this provision of the law.
No Reparation Without Taxation: Applying The Internal Revenue Code To The Concept Of Reparations For Slavery And Segregation, 2009 Indiana University - Purdue University Indianapolis
No Reparation Without Taxation: Applying The Internal Revenue Code To The Concept Of Reparations For Slavery And Segregation, Andre Smith, Carlton Waterhouse
Andre L. Smith
In the article, Professors Andre Smith and Carlton Waterhouse explore the interesting and rich relationship between reparations and the tax law scholarship. Employing a rich dialogical style, the authors move fluidly between the theoretical and practical aspects of both reparations and tax law in a way that brings both areas of research together. Beyond the slavery reparations tax scams of the earlier part of the decade, the authors reveal an intriguing and important relationship between reparations and the United States tax code previously unexplored. The authors accomplish this in two distinct ways. They begin with an examination of reparations proposals ...
These Statements Have Not Been Approved By The Fda: Improving The Post-Approval Regulation Of Prescription Drugs, 2009 University of Oregon - Editor-in-Chief
These Statements Have Not Been Approved By The Fda: Improving The Post-Approval Regulation Of Prescription Drugs, Christopher Page
Christopher R. Page
The American public’s confidence in the FDA is waning in the midst of increased reporting of inefficiencies in the agency. The missteps by the FDA in the post-approval regulation of prescription drugs are magnified by the pervasive use of prescription drugs in the market. This article identifies these missteps. It also chronicles the response of the state attorneys general to this void in regulation, from the famous class action suit against the tobacco industry to the Oxycontin litigation to the recent Vioxx settlement.
This response to the public’s lack of confidence is accomplished through lawsuits against pharmaceutical companies ...
Two Understandings Of Supremacy: An Essay, 2009 Chicago-Kent College of Law
Two Understandings Of Supremacy: An Essay, Vincent Samar
On The Necessity Of Necessity: An Economic Analysis Of Contracts Concluded In A Situation Of Need, Péter Cserne, Ákos Szalai
Pooled Trusts: An Introduction And Personal History, 2009 University of South Dakota School of Law
Pooled Trusts: An Introduction And Personal History, Thomas E. Simmons
Tom E. Simmons
Dispute Resolution Precautions In India, 2009 Kilpatrick Townsend LLP
Dispute Resolution Precautions In India, Sonia Baldia
No abstract provided.
Copyright Collectives: Good Solution But For Which Problem?, 2009 Faculty of Law, University of Toronto
Copyright Collectives: Good Solution But For Which Problem?, Ariel Katz
Windfall In Export Credit And Related Insurance Contracts In Anglo-American And Other Common Law Jurisdictions(E).Doc, 2009 Southampton Solent University, UK
Windfall In Export Credit And Related Insurance Contracts In Anglo-American And Other Common Law Jurisdictions(E).Doc, Ademun Ademun-Odeke
No abstract provided.