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Proportionality, Privacy, And Public Opinion: A Reply To Kerr And Swire, Christopher Slobogin 2010 University of Minnesota Law School

Proportionality, Privacy, And Public Opinion: A Reply To Kerr And Swire, Christopher Slobogin

Minnesota Law Review

No abstract provided.


Revising The Organizational Sentencing Guidelines To Eliminate The Focus On Compliance Programs And Cooperation In Determining Corporate Sentence Mitigation, Lindsay K. Eastman 2010 University of Minnesota Law School

Revising The Organizational Sentencing Guidelines To Eliminate The Focus On Compliance Programs And Cooperation In Determining Corporate Sentence Mitigation, Lindsay K. Eastman

Minnesota Law Review

No abstract provided.


Born (Not So) Free: Legal Limits On The Practice Of Unassisted Childbirth Or Freebirthing In The United States, Anna Hickman 2010 University of Minnesota Law School

Born (Not So) Free: Legal Limits On The Practice Of Unassisted Childbirth Or Freebirthing In The United States, Anna Hickman

Minnesota Law Review

No abstract provided.


The Voices Of Victims: Debating The Appropriate Role Of Fraud Victim Allocution Under The Crime Victims' Rights Act, Julie Kaster 2010 University of Minnesota Law School

The Voices Of Victims: Debating The Appropriate Role Of Fraud Victim Allocution Under The Crime Victims' Rights Act, Julie Kaster

Minnesota Law Review

No abstract provided.


Regulating Insurance Sales Or Selling Insurance Regulation?: Against Regulatory Competition In Insurance, Daniel Schwarcz 2010 University of Minnesota Law School

Regulating Insurance Sales Or Selling Insurance Regulation?: Against Regulatory Competition In Insurance, Daniel Schwarcz

Minnesota Law Review

No abstract provided.


Fiduciaries With Conflicting Obligations, Steven L. Schwarcz 2010 University of Minnesota Law School

Fiduciaries With Conflicting Obligations, Steven L. Schwarcz

Minnesota Law Review

No abstract provided.


Constitutional Dictatorship: Its Dangers And Its Design, Sanford Levinson, Jack M. Balkin 2010 University of Minnesota Law School

Constitutional Dictatorship: Its Dangers And Its Design, Sanford Levinson, Jack M. Balkin

Minnesota Law Review

No abstract provided.


Judicial Discipline And The Appearance Of Impropriety: What The Public Sees Is What The Judge Gets, Raymond J. McKoski 2010 University of Minnesota Law School

Judicial Discipline And The Appearance Of Impropriety: What The Public Sees Is What The Judge Gets, Raymond J. Mckoski

Minnesota Law Review

No abstract provided.


Who's Afraid Of Law And The Emotions?, Kathryn Abrams, Hila Keren 2010 University of Minnesota Law School

Who's Afraid Of Law And The Emotions?, Kathryn Abrams, Hila Keren

Minnesota Law Review

No abstract provided.


Challenging Peremptories: Suggested Reforms To The Jury Selection Process Using Minnesota As A Case Study, Maisa Jean Frank 2010 University of Minnesota Law School

Challenging Peremptories: Suggested Reforms To The Jury Selection Process Using Minnesota As A Case Study, Maisa Jean Frank

Minnesota Law Review

No abstract provided.


Federal Preemption And The Rating Agencies: Eliminating State Law Liability To Promote Quality Ratings, Timothy M. Sullivan 2010 University of Minnesota Law School

Federal Preemption And The Rating Agencies: Eliminating State Law Liability To Promote Quality Ratings, Timothy M. Sullivan

Minnesota Law Review

No abstract provided.


The Endangered Species Act: Static Law Meets Dynamic World, Holly Doremus 2010 University of California, Berkeley

The Endangered Species Act: Static Law Meets Dynamic World, Holly Doremus

Washington University Journal of Law & Policy

Professor Holly Doremus‘s article, The Endangered Species Act: Static Law Meets Dynamic World, traces the history of the Endangered Species Act ("ESA") to illustrate the need to correct the assumption that nature is simple to manage. For all its flaws, the ESA remains the nation's primary biodiversity conservation act,although the construct had not been "invented" in 1973 when Congress enacted "one of the last pieces of environmental bandwagon legislation." Yet, it is difficult to adapt to the broader objective of biodiversity conservation, in part because the ESA rests on a static view of species and the landscapes ...


Qualitative, Quantitative, And Integrative Conservation, Jamison E. Colburn 2010 Penn State University

Qualitative, Quantitative, And Integrative Conservation, Jamison E. Colburn

Washington University Journal of Law & Policy

Professor James E. Colburn's article illustrates the barriers to carrying biodiversity conservation into the twenty-first century. His probing article demonstrates the truth of the first book of Genesis, that new knowledge can be a mixed blessing. Using as examples the critical habitat designation for the Canadian Lynx and the listing of the Polar Bear as a threatened species, Professor Colburn argues that we lack the institutional capacity to apply scientific advances when making conservation decisions. The tragedy of modern biology is that the more risk information we have (and are required to try and assemble), "the less certain we ...


The National Environmental Policy Act: A Review Of Its Experience And Problems, Daniel R. Mandelker 2010 Washington University School of Law

The National Environmental Policy Act: A Review Of Its Experience And Problems, Daniel R. Mandelker

Washington University Journal of Law & Policy

The National Environmental Policy Act (“NEPA”), the Magna Carta of environmental law, requires all federal agencies to evaluate the environmental impacts of their actions, a duty that extends to state, local, and private entities when a federal link is present. This Article looks at major elements in NEPA's implementation and the major contributions NEPA has made to environmental analysis. It reviews strengths and weaknesses and suggests where improvement can occur as NEPA moves forward as a protector of environmental values. The Article's focus is on encouraging agencies to take a wider view of the environmental impacts they consider ...


Data Breach Notification Laws: An Argument For A Comprehensive Federal Law To Protect Consumer Data, Jill Joerling 2010 Washington University School of Law

Data Breach Notification Laws: An Argument For A Comprehensive Federal Law To Protect Consumer Data, Jill Joerling

Washington University Journal of Law & Policy

During the past four years, over 354,140,197 pieces of personal identifying information have been compromised as a result of data breaches. These breaches have imposed a huge financial burden on both companies and consumers. As a result, forty-six states have enacted legislation seeking to protect consumers by requiring companies to notify them when their personal information is compromised as the result of a data breach. This notification allows consumers to take action to protect their information from identity theft. This Note argues that existing state laws do not adequately address data security breaches and recommends comprehensive federal data ...


Introduction: The Politics Of Identity After Identity Politics, Adrienne D. Davis 2010 Washington University School of Law

Introduction: The Politics Of Identity After Identity Politics, Adrienne D. Davis

Washington University Journal of Law & Policy

The Essays in this volume seek to shed some light on the politics of identity after the 2008 Presidential election in which identity politics dominated. To explore how 2008 and its aftermath have shifted both academic and political debates, Professor Adrienne Davis invited scholars from a variety of disciplines who embrace diverse methodologies—political theory; cultural studies; history; and law. These authors explore identity politics as a field of academic inquiry; a cultural discourse; a legal claim; a negotiation of institutions and power; and a predicate for political alliances. Collectively, the Articles both develop new frameworks and intervene in old ...


Domestic Violence And Gun Control: Determining The Proper Interpretation Of “Physical Force” In The Implementation Of The Lautenberg Amendment, Abigail Browning 2010 Washington University School of Law

Domestic Violence And Gun Control: Determining The Proper Interpretation Of “Physical Force” In The Implementation Of The Lautenberg Amendment, Abigail Browning

Washington University Journal of Law & Policy

Beginning in the late 1970s, legislative efforts to prevent domestic violence addressed the most violent crimes that often lead to death, particularly those crimes committed with firearms.8 A major effort to prevent such fatal results is the Lautenberg Amendment, which makes it unlawful for an individual "'convicted of a misdemeanor crime of domestic violence' to ship, transport, possess, or receive firearms or ammunition in or affecting commerce." The Lautenberg Amendment, passed in 1996, amends the Gun Control Act of 1968 ("GCA"), which defines the term "misdemeanor crime of domestic violence" to include "the use or attempted use of physical ...


The United States' Response To Humanitarian Refugee Obligations: Inconsistent Application Of Legal Standards And Its Consequences, Andrea Freiberger 2010 Washington University School of Law

The United States' Response To Humanitarian Refugee Obligations: Inconsistent Application Of Legal Standards And Its Consequences, Andrea Freiberger

Washington University Journal of Law & Policy

In 1948, the countries of the United Nations ("U.N.") adopted the Universal Declaration of Human Rights ("Declaration"). The Declaration formally asserted the right to seek and receive asylum from persecution. At the 1951 Convention Relating to the Status of Refugees ("1951 Convention"), this right was developed into the principle of non-refoulement, whereby signatories agreed not to return anyone to a country in which there was a danger of persecution. Although the principle of non-refoulement requires countries to give legal status to refugees within their borders, countries have discretion in determining who meets the definition of a refugee. By altering ...


Fixed Income Insecurities: Municipal Bonds And The Erosion Of Dormant Commerce Clause Scrutiny In Department Of Revenue V. Davis, Evan S. Weiss 2010 Washington University School of Law

Fixed Income Insecurities: Municipal Bonds And The Erosion Of Dormant Commerce Clause Scrutiny In Department Of Revenue V. Davis, Evan S. Weiss

Washington University Journal of Law & Policy

The Supreme Court‘s 2008 decision in Department of Revenue v. Davis all but exempted from dormant Commerce Clause scrutiny a potentially broad swath of state regulations, those that can be labeled as favoring "a traditional government function." In Davis, the Court evaluated whether a scheme that taxed Kentucky citizens on interest earned from out-of-state municipal bonds, but not on in-state municipal bonds, was valid under the Commerce Clause. The Court upheld the tax scheme, primarily on the grounds that regulations favoring traditional government functions are not susceptible to the same level of scrutiny as those favoring private interests when ...


Introduction: New Directions In Adr And Clinical Legal Education, Karen Tokarz, Annette Ruth Appell 2010 Washington University School of Law

Introduction: New Directions In Adr And Clinical Legal Education, Karen Tokarz, Annette Ruth Appell

Washington University Journal of Law & Policy

The authors in this volume are in the forefront of innovative teaching, practice, and scholarship in dispute resolution and clinical education. In their articles, they eloquently highlight the important goals shared by dispute resolution and clinical legal education—to foster creative problem solving, to empower clients and advance the interests of parties, to promote social justice, and to enhance ethical practice and professionalism. The authors illuminate new and exciting ways in which dispute resolution and clinical education, jointly and severally, can inform, improve, and reform not only legal education, but also the practice of law, the legal profession, and systems ...


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