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The Private World Of Juvenile Court: Mothers, Mental Illness And The Relentless Machinery Of The State, Jennifer E. Spreng 2009 Arizona Summit Law School

The Private World Of Juvenile Court: Mothers, Mental Illness And The Relentless Machinery Of The State, Jennifer E. Spreng

Jennifer E Spreng

No abstract provided.


Justice Souter On Government Speech, Sheldon Nahmod 2009 Chicago-Kent College of Law

Justice Souter On Government Speech, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.


Erie's Suppressed Premise, Michael S. Green 2009 William & Mary Law School

Erie's Suppressed Premise, Michael S. Green

Michael S. Green

The Erie doctrine is usually understood as a limitation on federal courts’ power. This Article concerns the unexplored role that the Erie doctrine has in limiting the power of state courts. According to Erie Railroad v. Tompkins, a federal court must follow state supreme court decisions when interpreting state law. But at the time that Erie was decided, some state supreme courts were still committed to Swift v. Tyson. They considered the content of their common law to be a factual matter, concerning which federal (and sister state) courts could make an independent judgment. Indeed, the Georgia Supreme Court still ...


An Educational Partnership Model For Establishing, Structuring, And Implementing A Successful Corporate Counsel Externship, Carl J. Circo 2009 University of Arkansas, Fayetteville

An Educational Partnership Model For Establishing, Structuring, And Implementing A Successful Corporate Counsel Externship, Carl J. Circo

Carl J. Circo

This article explores what the author has learned from developing and supervising an externship program that places students in the legal departments of major corporations. Externship placements in corporate legal departments provide unique opportunities for law schools to integrate into the curriculum the core practice competencies that are essential for commercial and business lawyers but that are rarely taught in an experiential setting. The article proposes an educational partnership model to establish, structure, and implement a corporate counsel externship. This approach advocates a carefully orchestrated collaboration between the faculty who administer the program for the school and the lawyers who ...


Real Estate Project Valuation And Underwriting – A Primer, Carl J. Circo 2009 University of Arkansas, Fayetteville

Real Estate Project Valuation And Underwriting – A Primer, Carl J. Circo

Carl J. Circo

Real estate lawyers must develop a comfort level with core principles of real estate investment. And as the
real estate market struggles to recover from the current recession, clients involved in real estate transactions will be focusing more than ever on investment fundamentals. What follows here is an overview of some of the most important concepts that real estate clients use to value and analyze real estate projects. Much of what is presented here draws on a comprehensive text on the topic published by the Urban Land Institute that should be of interest to readers looking for a more comprehensive ...


Prelude To The Future Of Shale Gas Development: Well Spacing And Integration For The Fayetteville Shale In Arkansas, Phillip E. Norvell 2009 Selected Works

Prelude To The Future Of Shale Gas Development: Well Spacing And Integration For The Fayetteville Shale In Arkansas, Phillip E. Norvell

Phillip Norvell

The Fayetteville Shale spans across Arkansas in a belt, approximately fifty miles from north to south, running from the north through the central part of the state to the Mississippi River on its eastern flank and encompassing 9,000 square miles. The deposition is an unconventional "tight sand" resource, characterized by low permeability, which requires reservoir stimulation to enhance the permeability so the gas may be produced. The Fayetteville Shale is as "tight as a tick" with permeability measured by nanodarcies as opposed to millidarcies. The Barnett Shale play in Texas is the first modern shale gas development and the ...


Policing Hatred: A Case Study Of An English Police Force, Jordan Woods 2009 University of Arkansas, Fayetteville

Policing Hatred: A Case Study Of An English Police Force, Jordan Woods

Jordan Blair Woods

Each year, hundreds of thousands of people in the United Kingdom believe that they have been victimized because of their race, gender, religion, sexuality, or disability status (BCS, 2008; Stonewall, 2008). Although police officers have the critical responsibility of enforcing hate crime laws, little is known about how the British police apply these laws to everyday situations (Gerstenfeld, 2004). The concept of hate crime has gained force within the United Kingdom only during the past decade, and therefore, hate crime research from the United Kingdom is limited (Hall, 2005). Research on hate crime policing is especially rare (Hall, 2005; Chakraborti ...


Property In Law: Government Rights In Legal Innovations, Stephen Clowney 2009 University of Arkansas, Fayetteville

Property In Law: Government Rights In Legal Innovations, Stephen Clowney

Stephen Clowney

This Article makes the case that local governments should have intellectual property rights over the text of the laws they create. I argue that just as patents promote risky but ultimately valuable scientific experimentation, granting some form of IP protection to cities and states could result in a socially beneficial upsurge in legal experimentation. 

This piece begins by presenting evidence that local legislatures currently have little incentive to pass bold, imaginative statutes. The problem, in a nutshell, is that while legal experimentation creates many risks, the benefits of innovation remain largely externalized. The Article then contends that intellectual property protection ...


Evaluating South Africa's Post-Apartheid Democratic Prospects Through The Lens Of Economic Development Theory, Jonathan Marshfield 2009 University of Arkansas

Evaluating South Africa's Post-Apartheid Democratic Prospects Through The Lens Of Economic Development Theory, Jonathan Marshfield

Jonathan Marshfield

Political scientists have identified compelling correlations between economic development and democratic stability. In general, the wealthier and more developed a country, the greater its chances of maintaining a long-term, stable democracy. This Article evaluates whether South Africa’s post-apartheid economic conditions are trending towards conditions that generally correlate to stable democracies. It compares South Africa’s post-apartheid economic conditions to the empirical trends that development theorists have identified as correlative to democratic stability. This analysis is important because if South Africa’s post-apartheid economic conditions do not exhibit positive trends, this may suggest that despite the just end of apartheid ...


Perspectives On International Criminal Justice, M. Bassiouni 2009 DePaul University

Perspectives On International Criminal Justice, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.


Intellectual Property Law And Jewish Law: A Comparative Perspective On Absolutism, Roberta R. Kwall 2009 DePaul University College of Law

Intellectual Property Law And Jewish Law: A Comparative Perspective On Absolutism, Roberta R. Kwall

Roberta R Kwall

No abstract provided.


Applied Legal History: Demystifying The Doctrine Of Odious Debts, Sarah H. Ludington, Mitu Gulati, Alfred L. Brophy 2009 Campbell University School of Law

Applied Legal History: Demystifying The Doctrine Of Odious Debts, Sarah H. Ludington, Mitu Gulati, Alfred L. Brophy

Sarah H. Ludington

"Odious debts" have been the subject of debate in academic, activist, and policymaking circles in recent years. The term refers to the debts of a nation that a despotic leader incurs against the interests of the populace. When the despot is overthrown, the new government - understandably - does not wish to repay creditors who helped prop up the despot. One argument has focused on whether customary international law supports a "doctrine" of odious debts that justifies the nonpayment of sovereign debts when three conditions are met: (1) the debts were incurred by a despotic ruler (without the consent of the populace ...


Beyond The Binary: What Can Feminists Learn From Intersex And Transgender Jurisprudence?, Marybeth Herald 2009 Thomas Jefferson School of Law

Beyond The Binary: What Can Feminists Learn From Intersex And Transgender Jurisprudence?, Marybeth Herald

Marybeth Herald

This panel discussion focuses on recent developments in the intersex and transsexual communities. Recently, both movements have undergone profound changes and each has provided new and unique theoretical and practical perspectives that can potentially benefit other social justice groups. This dialogue describes these developments. It also emphasizes the importance of feminist, lesbian, gay, bisexual, transsexual and intersex activists becoming aware of the goals that they share and areas where their interests may diverge. As each of these movements develops their legal strategies, they need to be conscious of the potentially positive and negative ramifications that their approaches may have on ...


Recovery Of An Endangered Provision: Untangling And Reviving Critical Habitat Under The Engangered Species Act, Kalyani Robbins 2009 University of Akron Main Campus

Recovery Of An Endangered Provision: Untangling And Reviving Critical Habitat Under The Engangered Species Act, Kalyani Robbins

Kalyani Robbins

There has been long-term confusion among courts, agencies, developers, and environmental organizations regarding the legal, environmental, and economic impacts of designating critical habitat for species listed as threatened or endangered under the ESA. At the heart of this difficulty has been a need to understand the degree to which the protections for critical habitat can be distinguished from those for listed species generally. Critical habitat is primarily protected via section 7’s requirement that federal agencies consult with the Fish & Wildlife Service and the National Marine Fisheries Service to determine whether a proposed federal action either jeopardizes a listed species ...


Systemic Failure: Mental Illness, Detention, And Deportation, Bill Ong Hing 2009 University of San Francisco

Systemic Failure: Mental Illness, Detention, And Deportation, Bill Ong Hing

Bill Ong Hing

Our detention and deportation system failed Tatyana Mitrohina. She was born in Russia with heart defects and deformed hands. She was rejected by her parents for many years, spending her infancy in hospitals and institutions. Though she was later able to move back home, her parents abused her and then abandoned her. She immigrated to the United States as a young teen, adopted by U.S. citizens. After more than a decade, she had a child of her own, whom she abused. Tatyana was diagnosed with mental illness. Although she was convicted of child abuse, the state court recommended medication ...


Preserving Tax Exempt Status For Your Nonprofit Client, Timothy R. Tarvin 2009 University of Arkansas

Preserving Tax Exempt Status For Your Nonprofit Client, Timothy R. Tarvin

Timothy R Tarvin

In order to preserve a nonprofit’s tax-exempt status, counsel for the organization should stay current on how to appropriately file the IRS Form 990. Many American nonprofit organizations are at risk of losing their tax-exempt status due to changes in the tax code and filing deadlines. The Internal Revenue Service released a new version of the Form 990 in August of 2008, which became effective on December 31 the same year. This article tracks the changes on the form, as well as offers advice on who should file, when, and how. New tax law requires filing the Form 990 ...


State Extraterritorial Powers Reconsidered, Mark D. Rosen 2009 IIT Chicago-Kent College of Law

State Extraterritorial Powers Reconsidered, Mark D. Rosen

Mark D. Rosen

No abstract provided.


Judy Morgan’S Career Spans The Modern History Of Ocu Law School, Alvin C. Harrell 2009 Oklahoma City University School of Law

Judy Morgan’S Career Spans The Modern History Of Ocu Law School, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.


Summary Judgment And The Influence Of Federal Rulemaking (Foreword To Symposium: The Future Of Summary Judgment), Bernadette Bollas Genetin 2009 University of Akron School of Law

Summary Judgment And The Influence Of Federal Rulemaking (Foreword To Symposium: The Future Of Summary Judgment), Bernadette Bollas Genetin

Bernadette Bollas Genetin

This essay provides an overview of symposium articles on The Future of Summary Judgment, which were submitted in connection with the Section on Litigation’s program on summary judgment at the 2010 Annual Meeting of the Association of American Law Schools. Contributions to the symposium by Professors Edward Brunet, Stephen Burbank, Jeffrey Cooper, Steven Gensler, and Linda Mullenix, explore issues regarding (1) amendments to Federal Rule 56 that are set to take effect on December 1, 2010; (2) emerging safeguards to prevent improvident grant of summary judgment; (3) the potential of summary judgment to impact interrelated aspects of the pretrial ...


Expansion And Contraction In Monopolization Law, Michal Gal, Spencer Waller Weber, Avishalom Tor 2009 University of Haifa

Expansion And Contraction In Monopolization Law, Michal Gal, Spencer Waller Weber, Avishalom Tor

Avishalom Tor

This article introduces a special symposium issue of the Antitrust Law Journal based on a conference on monopolization. It argues that monopolization law has been experiencing simultaneous expansion and contraction processes that are not wholly contradictory but at least partly complementary. Specifically, the authors suggest that the contraction of monopolization law in the United States and the EU might serve to facilitate its expansion and increased importance worldwide, providing other antitrust regimes with more focused and effective tools to address the challenges involved in regulating dominant firms. Moreover, monopolization law's increased reach internationally also has made its refinement and ...


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