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Prologue, Claudio Grossman 2010 American University Washington College of Law

Prologue, Claudio Grossman

American University International Law Review

No abstract provided.


Four Critical Tips For Taking Your First Witness, David A. Grenardo 2010 St. Mary's University

Four Critical Tips For Taking Your First Witness, David A. Grenardo

Faculty Articles

There are four crucial tips for a junior attorney examining his or her first witness at trial. One must know the rules, both evidentiary and procedural. Stick to the basics of questioning at trial and the examination will go more smoothly. Something unexpected always happens at trial. Being organized and prepared allows an attorney to deal with those surprises much easier. Finally, think about the trier of fact in every question asked or statement made. Relentlessly search out the opportunity to take a witness at trial. When that opportunity arises, follow these four simple tips to make sure to do ...


Efficacy Of The Obama Policies To Combat Al-Qa’Eda, The Taliban, And Associated Forces—The First Year, Jeffrey F. Addicott 2010 St. Mary's University

Efficacy Of The Obama Policies To Combat Al-Qa’Eda, The Taliban, And Associated Forces—The First Year, Jeffrey F. Addicott

Faculty Articles

In President Obama’s first year in office, he failed in combating al-Qa’eda, the Taliban, and associated forces. President Obama wished to change the perception on the ‘War on Terror’ established by the Bush Administration, but instead created more confusion and frustration in an attempt to change old policies.

Most notably, President Obama refused to irrevocably and sternly tell the American public that the conflict with al-Qa’eda was indeed a war. The Bush Administration’s first action taken after 9/11 was the pronouncement that the United States was at war. President Obama instead referred to the conflict ...


Education And Minorities In The Modern Era: Working Civil Rights Into Practice, Policy And Procedure, Albert H. Kauffman 2010 St. Mary's University

Education And Minorities In The Modern Era: Working Civil Rights Into Practice, Policy And Procedure, Albert H. Kauffman

Faculty Articles

Protecting, asserting, and guaranteeing the education rights of minority students will become even more important in the future. Different education civil rights have, in general, gone through four phases: (1) identification and recognition of the right; (2) strong legislative, judicial, and administrative enforcement of the right; (3) developed opposition to the right and judicial, legislative, and administrative inattention or opposition to dilute or ignore the right; and (4) changes in power and enforcement of the right depending on the approach of the courts and administrative agencies.

These phases relate to school finance, Limited English Proficient (“LEP”) student instruction, accent discrimination ...


“Save The Land From Uncle Sam”: Using Life Insurance Premium Financing In Estate Planning, Lee Lytton 2010 St. Mary's University

“Save The Land From Uncle Sam”: Using Life Insurance Premium Financing In Estate Planning, Lee Lytton

Faculty Articles

T

he federal estate tax can be particularly destructive to estates where there is a desire to pass on legacy holdings to succeeding generations. The estate lacks adequate cash for families to pay the resulting taxes. Therefore, life insurance premium financing may help families pay the estate taxes. An estate planning strategy utilizes life-insurance-premium financing that generates a ready cash pool to pay estate taxes is not universally applicable, but it can provide a cost-effective option for legacy preservation.

Life insurance is often used as part of an estate plan to generate and maintain separate cash reserves to pay death ...


Rehabilitating Mental Disorder Evidence After Clark C. Arizona: Of Burdens, Presumptions, And The Rights To Raise Reasonable Doubt, Dora W. Klein 2010 St. Mary's University

Rehabilitating Mental Disorder Evidence After Clark C. Arizona: Of Burdens, Presumptions, And The Rights To Raise Reasonable Doubt, Dora W. Klein

Faculty Articles

The right not to be found guilty of a crime absent proof beyond a reasonable doubt is a powerful right. It can be undermined, however, by rules that at first seem to have little to do with reasonable doubt or with burdens of proof.

In the recent case of Clark v. Arizona, the Supreme Court considered whether states may enact rules that categorically prohibit criminal defendants from offering mental disorder evidence for the purpose of raising reasonable doubt regarding the mens rea element of a charged offense. In Arizona law, mental disorder evidence is inadmissible for the purpose of disproving ...


Duplicative Foreign Litigation, Austen L. Parrish 2010 Indiana University Maurer School of Law

Duplicative Foreign Litigation, Austen L. Parrish

Articles by Maurer Faculty

What should a court do when a lawsuit involving the same parties and the same issues is already pending in the court of another country? With the growth of transnational litigation, the issue of reactive, duplicative proceedings - and the waste inherent in such duplication - becomes a more common problem. The future does not promise change. In a modern, globalized world, litigants are increasingly tempted to forum shop among countries to find courts and law more favorably inclined to them than their opponents.

The federal courts, however, do not yet have a coherent response to the problem. They apply at least ...


Binary Economics - An Overview, Robert Ashford 2010 Syracuse University

Binary Economics - An Overview, Robert Ashford

College of Law Faculty Scholarship

Based on binary economic principles, this paper asserts that one widely overlooked way to empower economically poor and working people in market economy is to universalize the right to acquire capital with the earnings of capital. This right is presently largely concentrated, as a practical matter, in less than 5 % of the population. The concentration of the right to acquire capital with the earnings of capital helps to explain how people either remain poor or end up poor no matter how hard they work or are willing to work. Binary Economics offers a conception of economics that is foundationally distinct ...


International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas, William W. Burke-White 2010 University of Pennsylvania

International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas, William W. Burke-White

Faculty Scholarship

Though international criminal justice has developed into a flourishing judicial system over the last two decades, scholars have neglected institutional design and procedure questions. International criminal-procedure scholarship has developed in isolation from its domestic counterpart but could learn much realism from it. Given its current focus on atrocities like genocide, international criminal law’s main purpose should be not only to inflict retribution, but also to restore wounded communities by bringing the truth to light. The international justice system needs more ideological balance, more stable career paths, and civil-service expertise. It also needs to draw on the domestic experience of ...


The Changing Patterns Of Internet Usage, Christopher S. Yoo 2010 University of Pennsylvania Law School

The Changing Patterns Of Internet Usage, Christopher S. Yoo

Faculty Scholarship

The Internet unquestionably represents one of the most important technological developments in recent history. It has revolutionized the way people communicate with one another and obtain information and created an unimaginable variety of commercial and leisure activities. Interestingly, many members of the engineering community often observe that the current network is ill-suited to handle the demands that end users are placing on it. Indeed, engineering researchers often describe the network as ossified and impervious to significant architectural change. As a result, both the U.S. and the European Commission are sponsoring “clean slate” projects to study how the Internet might ...


Presidential Power In Historical Perspective: Reflections' On Calabresi And Yoo's The Unitary Executive, Christopher S. Yoo 2010 University of Pennsylvania Law School

Presidential Power In Historical Perspective: Reflections' On Calabresi And Yoo's The Unitary Executive, Christopher S. Yoo

Faculty Scholarship

On February 6 and 7, 2009, more than three dozen of the nation’s most distinguished commentators on presidential power gathered in Philadelphia to explore themes raised by a book authored by Steven Calabresi and I co-authored reviewing the history of presidential practices with respect to the unitary executive. The conference honoring our book and the special journal issue bringing together the articles presented there provide a welcome opportunity both to look backwards on the history of our project and to look forwards at the questions yet to be answered.


The Secondary Market For Gift Cards And The Role Of Corporate Bankruptcy Risk, Kaitlyn A. Desai 2010 Claremont McKenna College

The Secondary Market For Gift Cards And The Role Of Corporate Bankruptcy Risk, Kaitlyn A. Desai

CMC Senior Theses

The website, Plastic Jungle, is taking advantage of the rapidly growing gift card phenomena by creating a secondary market that enables consumers to buy, sell, and exchange gift cards online at a discount. This paper examines the relationship between this secondary gift card market and the corporate bankruptcy risk of companies with gift cards listed on the market. When a company issues a gift card, the card is unsecured debt and the cardholder becomes an unsecured creditor to the company. This paper investigates whether the cardholder acts similarly to other unsecured creditors or as someone who is merely holding another ...


Mental Disorders And The "System Of Judgemental Responsibility", Anita L. Allen 2010 University of Pennsylvania Law School

Mental Disorders And The "System Of Judgemental Responsibility", Anita L. Allen

Faculty Scholarship

No abstract provided.


Geoffrey C. Hazard, Jr.: Scholar, Law Reformer, Teacher, And Mentor, Catherine T. Struve 2010 University of Pennsylvania

Geoffrey C. Hazard, Jr.: Scholar, Law Reformer, Teacher, And Mentor, Catherine T. Struve

Faculty Scholarship

No abstract provided.


Diasporic Cultural Citizenship: Negotiate And Create Places And Identities In Their Refugee Migration And Deportation Experiences, Shirley S. Tang 2010 University of Masschusetts Boston

Diasporic Cultural Citizenship: Negotiate And Create Places And Identities In Their Refugee Migration And Deportation Experiences, Shirley S. Tang

Trotter Review

In 2002, the oldest Khmer (Cambodian) American community organization in Massachusetts, the Cambodian Community of Massachusetts (CCM), closed its doors to constituents in the state’s North Shore metro region, where the adjacent gateway cities of Lynn and Revere were home to the country’s fifth-largest concentration of Cambodian Americans, according to the 2000 Census. Founded by Cambodian refugees and their supporters in 1981 as one of the first-generation mutual assistance associations encouraged by the federal Office for Refugee Resettlement, CCM had operate as an ethnic-based, multiservice agency that helped survivors of war and trauma in Cambodia to adjust to ...


Developing Voip Honeypots: A Preliminary Investigation Into Malfeasant Activity, Craig Valli 2010 Edith Cowan University

Developing Voip Honeypots: A Preliminary Investigation Into Malfeasant Activity, Craig Valli

Journal of Digital Forensics, Security and Law

30 years ago PABX systems were compromised by hackers wanting to make long distance calls at some other entities expense. This activity faded as telephony became cheaper and PABX systems had countermeasures installed to overcome attacks. Now the world has moved onto the provision of telephony via broadband enabled Voice over Internet Protocol (VoIP) with this service now being provided as a replacement for conventional fixed wire telephony by major telecommunication providers worldwide. Due to increasing bandwidth it is possible for systems to support multiple voice connections simultaneously. The networked nature of the Internet allows for attackers of these VoIP ...


The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher 2010 University of Richmond

The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher

Richmond Public Interest Law Review

To understand the contemporary use of contractor-operated prisons, one must appreciate the political and economic developments which allowed privatization to enter the corrections industry. Accordingly, this article starts with a brief history of privatized corrections in the United States. The following section explores how the modem marketplace for private prisons has been shaped by two prominent dynamics-the emergence of a national market for prison beds and the massive expansion of the nation's immigrant detention system. The paper then considers the general implications of non-governmental prison operation, with a focus on how contractors have exploited their private status to the ...


Reforming 501(C)(3): Putting The Charity Back In The Charitable Deduction, Jennifer McCrabb Black 2010 University of Richmond

Reforming 501(C)(3): Putting The Charity Back In The Charitable Deduction, Jennifer Mccrabb Black

Richmond Public Interest Law Review

This paper seeks to lay out a proposal to redefine what it takes to receive tax-deductible donations. Part H of this paper will summarize the current state of the law as it applies to the charitable contribution deduction and the qualification for tax exemption under the Internal Revenue Code. Part III discusses the Charities Act 2006, a recent British act aimed at attempting to redefine charity for England and Wales by requiring organizations to prove that they provide a public benefit before receiving the benefits of being a charity. Part IV proposes additions and changes to the Internal Revenue Code ...


Title Vii Antiretaliation: The United States Supreme Court's Decision In Crawford V. Metropolitan Government Of Nashville &(And) Davidson County, Tennessee On The Scope Of The Opposition Clause, Ryan Nevin 2010 University of Richmond

Title Vii Antiretaliation: The United States Supreme Court's Decision In Crawford V. Metropolitan Government Of Nashville &(And) Davidson County, Tennessee On The Scope Of The Opposition Clause, Ryan Nevin

Richmond Public Interest Law Review

This Note discusses the interpretation of the opposition clause within Title VII of the Civil Rights Act of 1964 in the context of Crawford v. Metropolitan Government of Nashville & Davidson County, Tennessee. In general, the opposition clause protects an employee from retaliation by his employer if he opposes his employer's illegal conduct. Part II summarizes the facts and the holding of Crawford. Part III describes Title VII discrimination in general and antiretaliation in particular. Part IV discusses the United States Supreme Court's rationale in Crawford, and Part V questions the interpretation of the opposition clause. Finally, Part VI ...


Looking Back, Moving Forward: The History And Future Of Refugee Protection, Shauna Labman 2010 Chicago-Kent College of Law

Looking Back, Moving Forward: The History And Future Of Refugee Protection, Shauna Labman

Chicago-Kent Journal of International and Comparative Law

No abstract provided.


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