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The Religious Dimension Of Judicial Decision Making And The Defacto Disestablishment, Mark C. Modak-Truran

Journal Articles

Despite the de facto disestablishment of religion, I will try to illustrate the centrality of religion as a resource for understanding judicial decision making. The central question for this inquiry is: What, if any, is the role of religious beliefs in judicial decision making?

Education As A Fundamental Right: Challenging The Supreme Court's Jurisprudence, Timothy D. Lynch

Hofstra Law Review

No abstract provided.

Mapping Social Technologies In The Cultural Commons, Thrainn Eggertsson

Cornell Law Review

No abstract provided.

Dismantling The Modern State--The Changing Structural Foundations Of Federalism, Keith E. Whittington

UC Law Constitutional Quarterly

Federalism, as a constitutional concept underlying the appropriate distribution of powers among the federal and state governments, has responded in understandable ways to long-term trends in economics, political organization and political values. Such trends have encouraged centralization through most of the twentieth century, as is reflected in both judicial doctrine and governmental practice. However, changing conceptions of the political economy and the political regime have created a new structural dynamic that favors a less centralized version of federalism.

In this article, Professor Whittington examines the structural foundations of the movement toward centralization and the modern countertrends to that movement which …

“To Learn And Make Respectable Hereafter:” The Litchfield Law School In Cultural Context, Andrew Siegel

Faculty Articles

This article details the historical moment in which the Law School emerged, sketching both the political and social structure of colonial Connecticut and the multifaceted crisis facing that state's leaders in the late eighteenth and early nineteenth centuries. It describes the response of Litchfield's elite to this unfolding crisis, focusing in detail on the innovative institutions they founded and nurtured during this period, including the Law School and the Litchfield Female Academy. The article then attempts to place the Law School in historical and cultural context, providing, sequentially, an exploration of the social vision propounded in its classroom, a brief …

Taking Superfund Presumptive Remedies To The Brownfields Arena, Debra Schneider

Richmond Journal of Law and the Public Interest

Problems of Time and Cost in Site Investigation and Cleanup One of the main problems with CERCLA and brownfields cleanups is the time which such cleanups take to complete. The process of investigating a site through the CERCLA Remedial Investigation/Feasibility Study (RI/FS) process can take several years. The RI/FS process is long, and in the meantime the contamination is often left lurking at the site, harming the environment and human health.

Brent D. Mitchell V. Prime Commercial, Inc : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A SUMMARY JUDGMENT OF THE THHU) JUDICIAL DISTRICT COURT, SALT LAKE COUNTY HONORABLE ANNE M. STHtBA, DISTRICT COURT JUDGE

Destination Unknown: Does The Internet's Lack Of Physical Situs Preclude State And Federal Attempts To Regulate It , Christopher S.W. Blake

Cleveland State Law Review

This Note summarizes recent tests of state and federal Internet content regulations and analyzes the impact the Internet's incompatibility with "real space" geography had or might have had on the courts' reasoning. To some extent, it posits what problems the incompatibility poses for impending legislation. In the midst of such discussion, this Note opines that state and federal regulations of the Internet could conceivably both fail Constitutional muster, due specifically to the internet's physical shortcomings. Part II of this Note offers a background of the Internet's different communication capacities and describes its conflicts with geography. Part III summarizes the courts' …

Recommendations For An Environmentally Sound Federal Policy On Western Water, Reed D. Benson

Faculty Scholarship

The organizations and individuals who have produced this report have worked for years to promote environmentally sound federal policy and action with respect to water in the American West. The Western Water Policy Review Advisory Commission's (the "Commission") evaluation of these issues presents an excellent opportunity to address long-standing concerns. We believe the Commission can help advance federal policy to promote sustainable use, management and protection of western waters. We begin with a brief look at current water problems in the West from our perspective. We then identify four general priorities for the federal government: taking steps toward restoring more …

The Unidroit Convention On Stolen Or Illegally Exported Cultural Objects Confirms A Separate Property Status For Cultural Treasures, Marilyn E. Phelan

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Taking Superfund Presumptive Remedies To The Brownfields Arena, Debra Schneider

Richmond Public Interest Law Review

One of the main problems with CERCLA and brownfields cleanups is the time which such cleanups take to complete. The process of investigating a site through the CERCLA Remedial Investigation/Feasibility Study (RI/FS) process can take several years. The RI/FS process is long, and in the meantime the contamination is often left lurking at the site, harming the environment and human health.

Liver Transplant Dilemma: The Alcoholic, Medicaid Patient, Vanessa Williamson

Richmond Public Interest Law Review

A case scenario on Ivan Bradford. Ivan is a fifty-five year old, white male in need of a liver transplant. Ivan has been an alcoholic since he was thirty-two years old, and has developed an irreversible advanced liver disease, cirrhosis. In essence, the disease is the end result in scarring of the liver due to prolonged alcohol abuse. This scarring prevents the liver from performing many of its vital functions. Without a liver transplant Ivan will die.

What A Wonderful World: Multilateral Chemical Management Conventions, Liberalisation Policies And The Chemical Industry, Robin Lynne Cowling

LLM Theses

This thesis begins with an examination of the context of risk in which multilateral environmental agreements (MEAs) are being drafted and implemented. Through a discussion of the relationship between the characteristics of multinational corporations and the phenomenon of globalisation, the impetus behind globalisation practices is revealed. This is then contextualised with an examination of the contribution of the chemical industry toward the parallel globalisations of production and environmental harm. A discussion of trade and investment liberalisation instruments is then undertaken to illustrate the current hierarchy between these instruments and MEAs. This analysis reveals the present incompatibility of these instruments and …

Brent D. Mitchell V. Prime Commercial, Inc : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A SUMMARY JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY HONORABLE ANNE M. STIRBA, DISTRICT COURT JUDGE

Panel Four: Will The Structure Of City Government Be Able To Meet The Next Generation’S Demands?, Julia Vitullo-Martin, Ray Horton, David Jones, Richard Briffault, James B. Jacobs, Ruth Messinger, Harry Wellington

NYLS Law Review

No abstract provided.

The Policy And Politics Of Charter Making: The Story Of New York City’S 1989 Charter, Frederick A. O. Schwarz, Jr., Eric Lane

NYLS Law Review

Panel Two: The 1989 Charter Commission’s Policies, Processes, Choices, and Strategies

Liver Transplant Dilemma: The Alcoholic, Medicaid Patient, Vanessa Williamson

Richmond Journal of Law and the Public Interest

A case scenario on Ivan Bradford. Ivan is a fifty-five year old, white male in need of a liver transplant. Ivan has been an alcoholic since he was thirty-two years old, and has developed an irreversible advanced liver disease, cirrhosis. In essence, the disease is the end result in scarring of the liver due to prolonged alcohol abuse. This scarring prevents the liver from performing many of its vital functions. Without a liver transplant Ivan will die.

Ireland--The Healing Process, John Hume

Fordham International Law Journal

As you are aware, the quarrel on our island has gone on for several centuries. Looking at the example of the conflict in Ireland, there are two mentalities in our quarrel - the Nationalist and the Unionist. The real political challenge to the Unionist mindset occurred when Nationalist Ireland essentially said: "Look, your objective is an honorable objective, the protection and preservation of your identity." Geography, history, and the size of the Unionist tradition guarantee that the problem cannot be solved without them, nor against them. If we can leave aside our quarrel while we work together in our common …

The Bar Association Movement In Nineteenth Century, J. Gordon Hylton

Marquette Law Review

No abstract provided.

The Religious Dimension Of Judicial Decision Making And The De Facto Disestablishment, Mark Modak-Truran

Marquette Law Review

No abstract provided.

The Futility, Utility, And Future Of The Biodiversity Convention, Chris Wold

Colorado Environmental Law Journal

No abstract provided.

Playing Noah, John Copeland Nagle

Journal Articles

The biblical story of Noah and the ark has been cited by numerous writers as a justification for the protections contained in the Endangered Species Act. In that story, Genesis reports that God instructed Noah to save two of every species from the flood that would destroy life on earth, and that after doing so God established a covenant with Noah and the animals that were saved. The story has inspired writers and activists to posit a duty to imitate Noah today when we struggle to provide the resources and the will to protect all species, however popular or obscure, …

Symposium Introduction: Past As Prolog: Can Managed Care Overcome The Conflicts Inherited From Fee-For-Service Medicine?, Edward P. Richards

Journal Articles

No abstract provided.

Disturbing The Peace, Emily A. Hartigan

Faculty Articles

When concerns of race, gender, and orientation intersect with the Catholic faith and church, the interaction can prove painful and difficult. Experiences of feeling judged or condemned ricochet between camps, the members of each desperate to defend that which they feel is inherent to them, to their identities and self-understanding. But despite the damage that Catholicism can and has inflicted by its striction and history, it retains a mode of outreach to the disaffected—La Virgen, dark and female and still only just coming to be understood. She is controversial and always subject to attempts at political manipulation, but she is …

A Bill Of Rights For The United Kingdom: From London To Strasbourg By The Northwest Passage?, Stephen Sedley

Osgoode Hall Law Journal

In anticipation of the United Kingdom's patriation of the European Convention on Human Rights, the author explores the possible impact that a Bill of Rights will have on the U.K. system of justice from a European and U.K. perspective. The author argues that, from a European perspective, the U.K. has an established history of yielding to supra-national law given its membership in the European Union. However, from a U.K. perspective, this will present new challenges, as the constitutionality of domestic legislation is subject to increased judicial scrutiny in ensuring conformance with European Convention obligations. The author argues that the pressures …

Developing A Positive Theory Of Decisionmaking On U.S. Courts Of Appeals, Tracey E. George

Vanderbilt Law School Faculty Publications

As the decisions of the United States Courts of Appeals become an increasingly important part of American legal discourse, the debate concerning adjudication theories of the circuit courts gain particular relevance. Whereas, to date, the issue has received mostly normative treatment, this Article proceeds systematically and confronts the positive inquiry: how do courts of appeals judges actually decide cases? The Article proposes theoretically, tests empirically, and considers the implications of, a combined attitudinal and strategic model of en banc court of appeals decision making. The results challenge the classicist judges, legal scholars, and practitioners' normative frameworks, and suggest positive theory's …

Taming The Suburban Amoeba In The Ecosystem Age: Some Do's And Don'ts, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Urban central cities present a host of environmental problems including, but not limited to, industrial pollution, brownfields, smog, and environmental injustice. Rural and agricultural areas also experience environmental degradations such as pesticide runoff, wetlands conversion, and overgrazing. Between these different bands of lifestyle and land use lie the suburbs, which present their own set of environmental policy issues. This Article focuses on one of those problems: the growth of suburban land area and what it means for emerging notions of ecosystem management and sustainable development at the local land use scale. Part I of the Article provides the demographic and …

Dependent Independence: Application Of The Nunavut Model To Native Hawaiian Sovereignty And Self-Determination Claims, Jeffrey Wutzke

American Indian Law Review

No abstract provided.

The Personality Interest Of Artists And Inventors In Intellectual Property, Justin Hughes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Good Friday Agreement: An Overview, Bertie Ahern

Fordham International Law Journal

On 22 May, it received the overwhelming endorsement of the people of Ireland in referendums, North and South. For the first time, a precise mechanism has been defined - and accepted by the British Government - by which a united Ireland can be put in place, by the consent of Irish people and that alone. This involves setting up a new North-South Ministerial Council to develop consultation, co-operation and action within the island of Ireland on matters of mutual interest and establishing, as a start, at least six implementation bodies operating on a cross-border or all-island basis. The people, North …