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The Futility Of The War On Terror: Lessons From The Battle Of Algiers, F.E. Guerra-Pujol 2010 Barry University

The Futility Of The War On Terror: Lessons From The Battle Of Algiers, F.E. Guerra-Pujol

F.E. Guerra-Pujol

This paper reviews three lessons learned from the classic 1966 film "The Battle of Algiers": the reciprocal nature of most conflict situations, the need for non-normative analysis of such reciprocal interactions, and the underlying evolutionary arms-race logic of human conflict.


On The Road To Santa Clara And Beyond: Travels With The Supreme Court, Stephen J. Field And The Corporate Person, Malcolm J. Harkins 2010 Proskauer Rose LLP

On The Road To Santa Clara And Beyond: Travels With The Supreme Court, Stephen J. Field And The Corporate Person, Malcolm J. Harkins

Malcolm J Harkins III

No abstract provided.


On The Road To Santa Clara And Beyond: Travels With The Supreme Court,, Malcolm J. Harkins 2010 Proskauer Rose LLP

On The Road To Santa Clara And Beyond: Travels With The Supreme Court,, Malcolm J. Harkins

Malcolm J Harkins III

No abstract provided.


On The Road To Santa Clara And Beyond: Travels With The Supreme Court,, Malcolm J. Harkins 2010 Proskauer Rose LLP

On The Road To Santa Clara And Beyond: Travels With The Supreme Court,, Malcolm J. Harkins

Malcolm J Harkins III

No abstract provided.


On The Road To Santa Clara And Beyond: Travels With The Supreme Court,, Malcolm J. Harkins 2010 Proskauer Rose LLP

On The Road To Santa Clara And Beyond: Travels With The Supreme Court,, Malcolm J. Harkins

Malcolm J Harkins III

No abstract provided.


On The Road To Santa Clara And Beyond: Travels With The Supreme Court,, Malcolm J. Harkins 2010 Proskauer Rose LLP

On The Road To Santa Clara And Beyond: Travels With The Supreme Court,, Malcolm J. Harkins

Malcolm J Harkins III

No abstract provided.


On The Road To Santa Clara And Beyond: Travels With The Supreme Court,, Malcolm J. Harkins 2010 Proskauer Rose LLP

On The Road To Santa Clara And Beyond: Travels With The Supreme Court,, Malcolm J. Harkins

Malcolm J Harkins III

No abstract provided.


On The Road To Santa Clara And Beyond: Travels With The Supreme Court,, Malcolm J. Harkins 2010 Proskauer Rose LLP

On The Road To Santa Clara And Beyond: Travels With The Supreme Court,, Malcolm J. Harkins

Malcolm J Harkins III

No abstract provided.


How Incentives Drove The Subprime Crisis, Charles W. Murdock 2010 Loyola University Chicago

How Incentives Drove The Subprime Crisis, Charles W. Murdock

Charles W. Murdock

In order to address any systemic problem, whether the goal is to change the system, o regulate the system, or change the incentives driving a system, it is necessary to appreciate all the drivers operating within the system. In the case of the subprime crisis, one of the drivers was the changing nature of the subprime loans, which was not factored into the models used by the investment bankers, the credit rating agencies, and the issuers of credit default swaps.

This paper is an attempt to look dispassionately at the subprime crisis from a particular perspective, namely, the incentives that ...


Over 20 Million Aborted: Why Planned Parenthood Targets The Inner-City, La Verne Tolbert 2010 Azusa Pacific University

Over 20 Million Aborted: Why Planned Parenthood Targets The Inner-City, La Verne Tolbert

La Verne Tolbert

African Americans have been targeted by Planned Parenthood for abortion services. Free-standing clinics are located in inner-city neighborhoods where blacks reside, and school-based clinics are located in inner-city schools that blacks attend.


On The Road To Santa Clara And Beyond: Travels With The Supreme Court,, Malcolm J. Harkins 2010 Proskauer Rose LLP

On The Road To Santa Clara And Beyond: Travels With The Supreme Court,, Malcolm J. Harkins

Malcolm J Harkins III

No abstract provided.


Transparency And Performance In Government, Jerry Brito 2010 George Mason University

Transparency And Performance In Government, Jerry Brito

Jerry Brito

The legal literature on transparency is generally divided into two categories: the study of transparency as a solution to political corruption and scholarship looking at transparency in the context of corporate disclosure requirements. The former is concerned with preventing government malfeasance that can lead to serious societal problems, especially in the developing world. The latter focuses on the disclosure of corporate performance to fully inform markets. However, these two insights on transparency never meet. In this article, we hope to show that just as mandatory transparency can improve corporate performance, it may help improve government performance as well.

Part I ...


On The Road To Santa Clara And Beyond: Travels With The Supreme Court,, Malcolm J. Harkins 2010 Proskauer Rose LLP

On The Road To Santa Clara And Beyond: Travels With The Supreme Court,, Malcolm J. Harkins

Malcolm J Harkins III

No abstract provided.


Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David C. Gray 2010 University of Maryland School of Law

Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David C. Gray

David C. Gray

This essay, written for the 2009 Constitutional Schmooze, explores the complex role of religion as a source of both stability and instability. Drawing on a broader body of work in transitional justice, this essay argues that religion has an important role to play in the complex web of overlapping associations and oppositions constitutive of a dynamically stable society and further contends that constitutional protections which encourage a diversity of religions provide the best hope of harnessing that potential while limiting the dangers of religion evidenced in numerous cases of mass atrocity.


Tennessee Department Of Safety Vs. One 1993 Toyota Truck Vin: 4tarn93p0pz130979, Seized From: Glen Williams, Seizure Date: 9/16/09, Claimant: Glen Williams Seizing Agency: Maryville P.D., Lien Holder: None Filed, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 1993 Toyota Truck Vin: 4tarn93p0pz130979, Seized From: Glen Williams, Seizure Date: 9/16/09, Claimant: Glen Williams Seizing Agency: Maryville P.D., Lien Holder: None Filed

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 1999 Gmc Yukon Vin No.: 1gkek13r9xj806507 $284.00 In U.S. Currency, Seized From: Henry Bates, Date Of Seizure: June 18, 2009, Claimant: Arlisa Mcdonald, Lien Holder: Pyramid Used Cars, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 1999 Gmc Yukon Vin No.: 1gkek13r9xj806507 $284.00 In U.S. Currency, Seized From: Henry Bates, Date Of Seizure: June 18, 2009, Claimant: Arlisa Mcdonald, Lien Holder: Pyramid Used Cars

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Saving Seaborn: Ownership Not Marriage As The Basis Of Family Taxation, Dennis Ventry 2010 University of California, Davis School of Law

Saving Seaborn: Ownership Not Marriage As The Basis Of Family Taxation, Dennis Ventry

Dennis Ventry

Later this year, one of the most famous Supreme Court tax cases will celebrate its eightieth birthday. In Poe v. Seaborn, the Court reified two principles of the federal income tax: ownership determines tax liability and state law determines ownership. This article establishes that tax liability for families continues to follow ownership not marriage, despite the federal government’s position that the “ownership equals taxability” principle applies exclusively to heterosexual spouses. Verifying the broad application of this principle carries significant implications for all families. Under the aegis of Seaborn, it authorizes members of state-recognized relationships—marriages, domestic partnerships, civil unions ...


Underwater And Not Walking Away: Shame, Fear And The Social Management Of The Housing Crisis, Brent White 2010 University of Arizona

Underwater And Not Walking Away: Shame, Fear And The Social Management Of The Housing Crisis, Brent White

Brent T. White

Despite reports that homeowners are increasingly “walking away” from their mortgages, most homeowners continue to make their payments even when they are significantly underwater. This article suggests that most homeowners choose not to strategically default as a result of two emotional forces: 1) the desire to avoid the shame and guilt of foreclosure; and 2) exaggerated anxiety over foreclosure’s perceived consequences. Moreover, these emotional constraints are actively cultivated by the government and other social control agents in order to encourage homeowners to follow social and moral norms related to the honoring of financial obligations - and to ignore market and ...


Cultural Cognition At Work, Paul Secunda 2010 Marquette University Law School

Cultural Cognition At Work, Paul Secunda

Paul M. Secunda

Cultural cognition theory provides an anthropological and psychological-based theory about how values actually influence judicial decisionmaking. It suggests that values act as a subconscious influence on cognition rather than as a self-conscious motive of decision-making.

Applying these insights to two controversial United States Supreme Court labor and employment decisions, this Article contends that judges in many instances are not fighting over ideology, but rather over legally-consequential facts. This type of disagreement is particularly prevalent in labor and employment law cases where the factual issues that divide judges involve significant uncertainty and turn on inconclusive evidence.

This distinction between ideology and ...


Indigent Defense Invigorated: A Uniform Standard For Adjudicating Pre-Conviction Sixth Amendment Claims, Emily Chiang 2010 University of Utah College of Law

Indigent Defense Invigorated: A Uniform Standard For Adjudicating Pre-Conviction Sixth Amendment Claims, Emily Chiang

Emily Chiang

Despite the Sixth Amendment guarantee of the right to counsel, commentators have been documenting the shortcomings of indigent defense systems across the nation for decades: state and county underfunding leads to public defenders without essential resources, which in turn results in harm to indigent criminal defendants. Although a host of litigation brought by would-be reformers has sought improvements in county and state public defense systems, many of the claims have suffered from a lack of a clear governing standard. Some courts have relied on the “cause and prejudice” requirements of Strickland v. Washington, which governs post-conviction ineffective assistance of counsel ...


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