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The Judicial Invention Of Property Norms: Ellickson’S Whalemen Revistited, Robert C. Deal 2010 Marshall University

The Judicial Invention Of Property Norms: Ellickson’S Whalemen Revistited, Robert C. Deal

Robert Deal

Robert C. Ellickson has argued that whalemen developed norms to settle arguments over contested whales. These norms, Ellickson explained, were largely adopted by courts as the property law of whaling. Ellickson’s point is that whaling norms “did not mimic law; they created law.” Ellickson is certainly correct that the close-knit community of nineteenth century American whalemen managed to settle disputes in ways which maximized group welfare. What Ellickson has failed to recognize is that that the means by which whalemen resolved disputes without violence or frequent involvement of courts was built not upon widely accepted norms, but rather upon ...


Resolving Client Conflicts By Hiring "Conflicts Counsel", Ronald D. Rotunda 2010 Chapman University School of Law

Resolving Client Conflicts By Hiring "Conflicts Counsel", Ronald D. Rotunda

Ronald D. Rotunda

A general principle of legal ethics is that a law firm may not represent a client suing someone who is also a client of the law firm (1) even though the two matters are unrelated, (2) a different law firm represents the client in that law suit, and (3) there is no risk that the lawyer would violate the confidences of any client. Other ethics rules magnify the significance of this rule by imputing the disqualification of every lawyer in the law firm to every other lawyer in the same firm. Courts enforce these rules by disqualifying the offending law ...


Rethinking Proportionality Under The Cruel And Unusual Punishments Clause, John F. Stinneford 2010 University of Florida

Rethinking Proportionality Under The Cruel And Unusual Punishments Clause, John F. Stinneford

John F. Stinneford

Although a century has passed since the Supreme Court started reviewing criminal punishments for excessiveness under the Cruel and Unusual Punishments Clause, this area of doctrine remains highly problematic. The Court has never answered the claim that proportionality review is illegitimate in light of the Eighth Amendment’s original meaning. The Court has also adopted an ever-shifting definition of excessiveness, making the very concept of proportionality incoherent. Finally, the Court’s method of measuring proportionality is unreliable and selfcontradictory. As a result, a controlling plurality of the Court has insisted that proportionality review be limited to a narrow class of ...


“Interrogation-Related Regulatory Decline:” Ego-Depletion, Failures Of Self-Regulation And The Decision To Confess, Deborah Davis, Richard Leo 2010 University of Nevada, Reno

“Interrogation-Related Regulatory Decline:” Ego-Depletion, Failures Of Self-Regulation And The Decision To Confess, Deborah Davis, Richard Leo

Richard A. Leo

As reflected in rulings ranging from Trial Courts to the U.S. Supreme Court, our judiciary commonly views as “voluntary,” and admits into evidence, interrogation-induced confessions obtained under conditions entailing stressors sufficient to severely compromise or eliminate the rational decision making capacities and self-regulation abilities necessary to justify such a view. Such decisions reflect, and sometimes explicitly state, assumptions soundly contradicted by science regarding the capacity of normal suspects lacking mental defect to withstand such stressors as severe fatigue, sleep deprivation, emotional distress-- and aversive interrogation length, tactics and circumstances--and nevertheless resist the powerful pressures of the interrogation to self-incriminate ...


The Doctrine Of Discovery And The Elusive Definition Of Indian Title, Blake A. Watson 2010 University of Dayton

The Doctrine Of Discovery And The Elusive Definition Of Indian Title, Blake A. Watson

Blake A Watson

This article contends that, pursuant to the discovery doctrine developed and adopted by the U.S. Supreme Court, Indian tribes retained possession of their lands after European encounter, but no longer owned their land and no longer held unlimited disposition rights. This "limited possessor" definition of Indian title is particularly difficult to justify in view of contemporary norms of international indigenous rights, and should be rejected along with the doctrine of discovery.


Heart Of A Lion, Mind Full Of Pride: The Paradox Of Teaching E-E As A Heuristic For Homegrown Change In Rwanda, Sarah E. Ryan 2010 Yale University

Heart Of A Lion, Mind Full Of Pride: The Paradox Of Teaching E-E As A Heuristic For Homegrown Change In Rwanda, Sarah E. Ryan

Sarah E Ryan

No abstract provided.


On Butlers, Architects, And Lawyers: The Professionalism Of "The Remains Of The Day" And Of "The Fountainhead", Susan Daicoff 2010 Arizona Summit Law School

On Butlers, Architects, And Lawyers: The Professionalism Of "The Remains Of The Day" And Of "The Fountainhead", Susan Daicoff

Susan Daicoff

Several commentators have explored the relationship of a fictional character of the butler, Stevens, in Kazuo Ishiguro’s novel, The Remains of the Day, to the proper professional role of the lawyer, since the novel was published. The professionalism of Stevens is here compared to that of another fictional character, the architect, Roark, in Ayn Rand’s novel, The Fountainhead, as they might be applied in the legal profession. The relationship of empirical research on lawyers’ values, wellbeing, and decisionmaking preferences to these divergent approaches to professionalism is then explored. A diversity of approaches to professional role is proposed as ...


Proposed Disease Cluster Legislation: What’S Nanotechnology Got To Do With It?, Jean M. Eggen 2010 Widener Law

Proposed Disease Cluster Legislation: What’S Nanotechnology Got To Do With It?, Jean M. Eggen

Jean M. Eggen

No abstract provided.


Falling Short: Has The Sec’S Quest To Control Market Manipulation And Abusive Short-Selling Come To An End Or Has It Really Just Begun?, Richard Ramirez 2010 Seton Hall University

Falling Short: Has The Sec’S Quest To Control Market Manipulation And Abusive Short-Selling Come To An End Or Has It Really Just Begun?, Richard Ramirez

Richard E. Ramirez, J.D. | CFCS

No abstract provided.


The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick McKinley Brennan 2010 1567

The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick Mckinley Brennan

Patrick McKinley Brennan

No abstract provided.


Corporate First Amendment Rights After Citizens United: An Analysis Of The Popular Movement To End The Constitutional Personhood Of Corporations, Susanna K. Ripken 2010 Chapman University School of Law

Corporate First Amendment Rights After Citizens United: An Analysis Of The Popular Movement To End The Constitutional Personhood Of Corporations, Susanna K. Ripken

Susanna K. Ripken

No case in the Supreme Court’s last term was more controversial than Citizens United v. Federal Election Commission (Citizens United). In a sharply divided 5:4 decision, the Court invalidated strict federal campaign finance laws and upheld the First Amendment right of corporations to spend unlimited sums of corporate money to support or oppose candidates in political elections. Although mainstream criticism of Citizens United was fierce and widely publicized, a lesser known response to the case is a grassroots popular movement calling for an amendment to the Constitution establishing that money is not speech and that human beings, not ...


Paying For Suburban Sprawl: Relating Commercial Finance Law To Environmental Harm, Heather Hughes 2010 American University, Washington College of Law

Paying For Suburban Sprawl: Relating Commercial Finance Law To Environmental Harm, Heather Hughes

Heather Hughes

This Article relates contemporary financing practices to land use results on the ground. Demonstrating a relationship between financing practices and environmental consequences requires excavation of core questions about the scope and structure of the private law rules that comprise commercial finance law. Private law mechanisms such as rules governing common forms of financial transactions can relieve the tension between financial incentives driving commercial actors, on the one hand, and the goals of environmental regulation, on the other. This Article explores the relationship between one, typical form of real estate development finance – the securitized mezzanine loan – and one, major environmental problem ...


Irreconcilable Differences: Director, Manager And Shareholder Conflicts In Takeover Transactions, Steven M. Davidoff, Caroline M. Gentile, Paul L. Regan 2010 Fordham University

Irreconcilable Differences: Director, Manager And Shareholder Conflicts In Takeover Transactions, Steven M. Davidoff, Caroline M. Gentile, Paul L. Regan

Paul L Regan

No abstract provided.


Top O' The Day T'Ya, Professor Von Creel, Lawrence K. Hellman 2010 Oklahoma City University School of Law

Top O' The Day T'Ya, Professor Von Creel, Lawrence K. Hellman

Lawrence K. Hellman

No abstract provided.


"Trophy Husbands" And "Opt-Out" Moms, Beth A. Burkstrand-Reid 2010 University of Nebraska College of Law

"Trophy Husbands" And "Opt-Out" Moms, Beth A. Burkstrand-Reid

Beth A. Burkstrand-Reid

Women were not the only ones opting out. Nearly one year before The New York Times in its article “The Opt-Out Revolution” showcased highly educated, upwardly mobile women opting out of paid work for the lure of staying at home, Fortune magazine had already reported that some men, which it coined “trophy husbands,” had been doing the same. “Trophy husbands” were presented as leaving paid work by choice, like their later opt-out counterparts. Opt-out moms and trophy husbands—as described in these two germinal stories—have much in common. While, on the surface, the actions of these mothers and fathers ...


Welcome, John G. Culhane 2010 Widener University - Delaware Campus

Welcome, John G. Culhane

John G. Culhane

No abstract provided.


Halting, Altering And Agreeing, Bruce M. Price 2010 University of San Francisco School of Law

Halting, Altering And Agreeing, Bruce M. Price

Bruce M Price

Utilizing Felstiner, et al.'s Naming, Blaming and Claiming as a conceptual framework, I argue that the Chapter 11 bankruptcy process represents a dispute transformation mechanism. Disputes are transformed through a series of stages I call Halting, Altering and Agreeing. This transformative dispute process can be conceptualized as a form of disputing that accomplishes many of the goals of ADR, while avoiding the ideological and substantive critiques outlined by Harrington, Engle Merry, Yngvesson, and others. Finally, the development of this dispute mechanism is historically situated in light of the transition to the modern form of contract law and welfare state ...


While Effusive, 'Conclusory' Is Still Quite Elusive: The Story Of A Word, Iqbal, And A Perplexing Lexical Inquiry Of Supreme Importance, Donald J. Kochan 2010 Chapman University School of Law

While Effusive, 'Conclusory' Is Still Quite Elusive: The Story Of A Word, Iqbal, And A Perplexing Lexical Inquiry Of Supreme Importance, Donald J. Kochan

Donald J. Kochan

The meaning of the word “conclusory” seems really, quite elusory. Conclusory is a widespread, common, and effusive word in the modern legal lexicon. Yet you would not necessarily know that by looking through many dictionaries. “Conclusory” has been a late comer to the pages of most dictionaries. Even today, not all dictionaries include the word “conclusory”, those that do have only recently adopted it, and the small number of available dictionary definitions seem to struggle to capture the word’s usage in the legal world. Yet the word “conclusory” has taken center stage in the procedural plays of civil litigation ...


Notional Generosity, Josh Eagle 2010 University of South Carolina

Notional Generosity, Josh Eagle

Josh Eagle

This article explores a phenomenon that might be called “gift-form generosity”: people earning similar amounts of income are more willing to part with a dollar’s worth of one kind of property than another. Among all income groups, the form of property with which charitable donors are most willing to part is the “conservation easement.” Data show, for example, that the average charitable easement donation is more than 100 times greater in value than the total, annual charitable contribution made by the average American taxpayer. Why are donors so willing to part with conservation easements? The answer may lie in ...


White College Students' Explanations Of White (And Black) Athletic Performance: A Qualitative Investigation Of White College Students, Harrison 2010 University of Central Florida

White College Students' Explanations Of White (And Black) Athletic Performance: A Qualitative Investigation Of White College Students, Harrison

Dr. C. Keith Harrison

No abstract provided.


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