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Judicial Decision Making About Forensic Mental Health Evidence, Richard E. Redding, Daniel C. Murrie 2009 Chapman University School of Law

Judicial Decision Making About Forensic Mental Health Evidence, Richard E. Redding, Daniel C. Murrie

Richard E. Redding

Judges play a central role in decision making in the justice system. This chapter reviews the extant empirical research on judicial decision making in criminal, juvenile, and civil cases. We discuss judges’ decision making about forensic mental health evidence introduced in these cases, judicial receptivity to various kinds of evidence, and their understanding of clinical and scientific evidence as well as the ways they make rulings about such evidence. We focus on decision making at the trial court level, in those arenas that are most relevant to the forensic mental health practitioner (psychiatrist, psychologist, or social worker) who is called ...


Golem, "Gollum", Gone: The Missing Ideals Of The Legal Profession, David Barnhizer 2009 Cleveland State University College of Law

Golem, "Gollum", Gone: The Missing Ideals Of The Legal Profession, David Barnhizer

David Barnhizer

The golem is the mud and stick figure of folklore created to protect Jews from the abuses of Hungarian society in the 16th Century. But ultimately the powerful creature had to be destroyed because it lacked a soul and had no moral core to regulate its behavior and became a danger to those it was constructed to protect. Most people may be more familiar with the concept of the golem than they realize. In J. R. R. Tolkien’s book, The Hobbit, and the subsequent Ring Trilogy, the sad creature who relentlessly pursued Frodo to recover his “Precious” ring of ...


Where Do We Come From? Innovation And Regulatory Response In The Banking Industry Before The Crisis, Bruno Meyerhof Salama 2009 FGV Law School in Sao Paulo

Where Do We Come From? Innovation And Regulatory Response In The Banking Industry Before The Crisis, Bruno Meyerhof Salama

Bruno Meyerhof Salama

The architecture of financial regulation after the crisis will be an evolution of what preceded it. The available alternatives for reformation at a certain point are limited by the existing institutions. This means, primarily, that history matters, and that decisionmaking at a certain point in time is also limited by previous decisions and events. Because of that, the exercise of analyzing “where we are heading to” only makes sense insofar as we can minimally understand “where we are coming from”.


Chapter 7 - Restricting Fair Use To Save The News, Ryan T. Holte 2009 Southern Illinois University School of Law

Chapter 7 - Restricting Fair Use To Save The News, Ryan T. Holte

Prof. Ryan T. Holte

Ryan T. Holte in “Restricting Fair Use to Save the News: A Proposed Change in Copyright Law to Bring More Profit to News Reporting” examines the present condition of the media and the economic and public policies behind protecting news. He further discusses current means of protecting information through copyright and misappropriation law, before proposing a change in the Copyright Act to better allow the news industry to reap profits from news reporting.


Jurisdicción Constitucional Y Judicial Review: La Experiencia De Los Estados Unidos, Robert S. Barker, Victor Bazan 2009 Duquesne University School of Law

Jurisdicción Constitucional Y Judicial Review: La Experiencia De Los Estados Unidos, Robert S. Barker, Victor Bazan

Robert S. Barker

No abstract provided.


Intellectual Property And Antitrust Limits On Contract: Comment, Matthew J. Holian, Neil Nguyen 2009 San Jose State University

Intellectual Property And Antitrust Limits On Contract: Comment, Matthew J. Holian, Neil Nguyen

Matthew J. Holian

In their chapter in Dynamic Competition and Public Policy (2001, Cambridge University Press), Burtis and Kobayashi never defined their model's discount rate, making replicating their simulation results difficult. Through our own simulations, we were able to verify their results when using a discount rate of 0.10. We also identified two new types of equilibria that the authors overlooked, doubling the number of distinct equilibria in the model.


¿Control Obligatorio Para Todos Los Tratados Internacionales? Crítica A Una Propuesta Inconveniente, Sergio Verdugo sverdugor@udd.cl 2009 Universidad del Desarrllo

¿Control Obligatorio Para Todos Los Tratados Internacionales? Crítica A Una Propuesta Inconveniente, Sergio Verdugo Sverdugor@Udd.Cl

Sergio Verdugo R.

No abstract provided.


Who Watches The Watchmen? 'Vigilant Doorkeeping,' The Alien Tort Statute, & Possible Reform, Keith A. Petty 2009 U.S. Judge Advocate General's Corps

Who Watches The Watchmen? 'Vigilant Doorkeeping,' The Alien Tort Statute, & Possible Reform, Keith A. Petty

Keith A. Petty

The Alien Tort Statute (ATS) allows alien plaintiffs to file civil actions in U.S. district courts for torts violating the law of nations or U.S. treaties. After the 2nd Circuit’s Filartiga decision in 1980, the debate began as to whether the ATS was a useful tool against human rights violators or an intrusion into U.S. foreign relations. In 2004, the Supreme Court in Sosa v. Alvarez-Machain resolved some of the questions left open by Filartiga.

Sosa concluded that ATS claims must be limited to law of nations violations as well defined as those recognized in 1789 ...


Social Security Spouse And Survivor Benefits 101: Practical Primer Part Ii (Or Another Reason To Put A Ring On It), Francine J. Lipman, James Williamson 2009 San Diego State University

Social Security Spouse And Survivor Benefits 101: Practical Primer Part Ii (Or Another Reason To Put A Ring On It), Francine J. Lipman, James Williamson

Francine J. Lipman

As the country and courts continue to debate the importance of marriage in a variety of contexts, when determining Social Security benefits it is clear that marriage matters. Marriage matters for Social Security benefits planning because of meaningful spouse and survivor benefits. Given the broad and deep devastation of a record recession on retirement and saving accounts, including the continuing demise of defined benefit plans with joint and survivor benefits protection, Social Security benefits, generally, and spouse and survivor benefits, specifically, have become and will continue to be a more significant percentage of retirees’ income. As a result of the ...


Proposal For Drug Offender Stationhouse Deferral Program, Daniel T. Coyne 2009 Chicago-Kent College of Law

Proposal For Drug Offender Stationhouse Deferral Program, Daniel T. Coyne

Daniel T. Coyne

No abstract provided.


The Supreme Court's Anti-Retaliation Principle, Richard E. Moberly 2009 University of Nebraska

The Supreme Court's Anti-Retaliation Principle, Richard E. Moberly

Richard E. Moberly

In five cases issued during the last five years, the Supreme Court interpreted statutory antiretaliation provisions broadly to protect employees who report illegal employer conduct. These decisions conflict with the common understanding of the Court as pro-employer and judicially conservative. In a sixth retaliation decision during this time, however, the Court interpreted constitutional antiretaliation protection narrowly; an act that fits with the Court’s pro-employer image but diverges from the antiretaliation stance it appeared to take in the other five retaliation cases. This Article explains these seemingly anomalous results by examining the last fifty years of the Supreme Court’s ...


The Past, Presence, And Future Of Legal Writing Scholarship: Rhetoric, Voice, And Community, Linda L. Berger 2009 Mercer University School of Law

The Past, Presence, And Future Of Legal Writing Scholarship: Rhetoric, Voice, And Community, Linda L. Berger

Linda L. Berger

This Article welcomes a new generation of legal writing scholars. In the first generation, legal writing professors debated whether they should be engaged in legal scholarship at all. In the second generation, assuming that they should be engaged in scholarship, legal writing professors discerned and defined different genres of and topics for the scholarship in which some or all of us were or should be engaged. In this Article, we map the contours of a third generation of legal writing scholarship—one that integrates the elements of our professional lives and engages more effectively with our professional communities. The core ...


Normative Dynamics Of Competition Laws, piyabutr bunaramrueang 2009 University of the Thai Chamber of Commerce

Normative Dynamics Of Competition Laws, Piyabutr Bunaramrueang

piyabutr bunaramrueang

This article aims at providing a review on normative dynamics of competition laws. Although legal norms seem to be very stable, those norms governing economic activities are changing relatively fast. It is therefore an attempt to illustrate dynamic quality of laws by using competition laws as a major example of laws governing economic activities. I would like to discuss mainly over U.S. antitrust laws as the major model of competition laws, perhaps, for all other countries pursuing economic growth of free market. The dynamic quality of U.S. antitrust laws is essentially derived from its legal tradition that invites ...


¿En Qué Se Parece Hamilton A Belaúnde? Matrimonio Gay Y La Proposition 8, Enrique Pasquel 2009 Universidad Peruana de Ciencias Aplicadas

¿En Qué Se Parece Hamilton A Belaúnde? Matrimonio Gay Y La Proposition 8, Enrique Pasquel

Enrique Pasquel

No abstract provided.


Determination Of Starting Sentences In Israel—System And Application, Oren Gazal-Ayal, Ruth Kannai 2009 Faculty of Law, University of Haifa

Determination Of Starting Sentences In Israel—System And Application, Oren Gazal-Ayal, Ruth Kannai

Oren Gazal-Ayal

The Israeli Penal Law Bill (Amendment No. 92, Structuring Judicial Discretion in Sentencing) 5766-2006 proposes that a committee be set up to establish sentences that will serve as starting points for judges in their sentencing deliberation (starting sentences). The Israeli Minister of Justice asked the authors to propose starting sentences for three prevalent serious offences in order to show the Knesset (the Israeli parliament) the methodology of determining such starting sentences and to help facilitate the debate about the consequences of these new guidelines. The ministers intended the Knesset to legislate these proposed starting sentences in the appendix to the ...


Forfeiture Of The Right To Counsel: A Doctrine Unhinged From The Constitution, Stephen A. Gerst 2009 Arizona Summit Law School

Forfeiture Of The Right To Counsel: A Doctrine Unhinged From The Constitution, Stephen A. Gerst

Stephen A Gerst

The Sixth Amendment right to an attorney is so fundamental that the United States Supreme Court has carefully developed requirements to ensure that an indigent defendant does not go to trial in any criminal case where there is a possibility of a deprivation of freedom without an attorney unless there is an affirmative waiver of the right to counsel on the record. However, the Supreme Court has not addressed what the record must show for finding that a defendant has lost his right to counsel as a result of the defendant's own misconduct toward the court or the defendant ...


What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, Caroline Forell 2009 University of Oregon

What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, Caroline Forell

Caroline A Forell

In this Article, Professor Forell examines the criminal and tort mistake-as-to-self-defense doctrines. She uses the State v. Peairs criminal and Hattori v. Peairs tort mistaken self-defense cases to illustrate why application of the reasonable person standard to the same set of facts in two areas of law can lead to different outcomes. She also uses these cases to highlight how fundamentally different the perception of what is reasonable can be in different cultures. She then questions whether both criminal and tort law should continue to treat a reasonably mistaken belief that deadly force is necessary as justifiable self-defense. Based on ...


Shareholder Primacy And The Business Judgment Rule: Arguments For Expanded Corporate Democracy, Robert Sprague, Aaron Lyttle 2009 University of Wyoming

Shareholder Primacy And The Business Judgment Rule: Arguments For Expanded Corporate Democracy, Robert Sprague, Aaron Lyttle

Robert Sprague

There is a fundamental flaw in the law’s approach to corporate governance. While shareholder primacy is a well-established norm within U.S. corporate law, the business judgment rule essentially holds directors blameless when they fail to maximize shareholder wealth. During the past century, control of the corporation has passed from shareholders to managers. As a result, shareholders have little practical say in who runs the corporation, even though they cannot usually hold managers legally liable when those managers destroy shareholder wealth through incompetence. Despite a number of arguments asserting that shareholders do not deserve any additional management powers, this ...


Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson 2009 Bi-Level Technologies

Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.


Strangers In A Strange Land: The Importance Of Better Compliance With The Consular Notification Rights, Cindy G. Buys, Scott D. Pollock, Ioana Navarrete 2009 Southern Illinois University School of Law

Strangers In A Strange Land: The Importance Of Better Compliance With The Consular Notification Rights, Cindy G. Buys, Scott D. Pollock, Ioana Navarrete

Cindy G. Buys

The right of a foreign national to contact his or her consulate upon arrest or detention in another country has been described as a fundamental and indispensible human right. Yet United States authorities have repeatedly failed to provide foreign nationals and their consulates with notice as required by law. This failure is evidenced by the explosion in litigation of consular notification rights in recent years.

This article explores some of the most interesting legal questions that are being raised in the area of consular notification rights. Drawing on the experiences and perspectives of three attorneys, member of the consular staff ...


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