Digital Commons Network^™

Two Years And Counting: Land Use And Louisiana's Post-Katrina Recovery, John J. Costonis

Louisiana Law Review

No abstract provided.

Ahmed V. Prime Minister, Dorit Beinisch, Esther Hayut, Yoseph Elon

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

A petition challenging the Respondents’ decision to reduce or to limit the supply of gasoline and electricity to the Gaza Strip.

The Supreme Court sitting as a High Court of Justice rejected the Petition, finding that:

The State of Israel has no duty to make possible the transporting of unlimited electricity and gasoline to the Gaza Strip, under circumstances that some of these products …

State-Building In A Post-Colonial Society: The Case Of Solomon Islands, Sinclair Dinnen

Chicago Journal of International Law

Despite growing levels of conflict and instability in parts of the southwest Pacific, Australia has, until recently, been reluctant to intervene in the affairs of neighboring states. As the dominant metropolitan power in the region, a former colony of Britain, and the ex-colonial administrator of Papua New Guinea, Australia has gone out of its way to avoid any perceptions of acting in an imperialist or neo-colonial fashion. Instead, its influence has been wielded primarily through diplomacy and bilateral development assistance. This traditional reluctance to intervene was also justified in terms of the practical limitations of external intervention, given the cultural …

Gloria Steinem Keynote Address, Gloria Steinem

University of Baltimore Law Forum

In March of 2008, the University of Baltimore School of Law hosted its first annual Feminist Legal Theory Conference. Gloria Steinem was invited to share her wisdom. Here is how she concluded our event.

Thinking About Law And Creativity: On The 100 Most Creative Moments In American Law, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

Insurance For Acts Of Terrorism, Robert J. Rhee

Faculty Scholarship

This chapter discusses insurance case law arising from acts of terrorism, including those arising from the September 11 attacks. It analyzes the Terrorism Risk Insurance Act of 2002 (TRIA), as amended by the Terrorism Risk Insurance Act of 2005 and the Terrorism Risk Insurance Program Reauthorization Act of 2007, as well as the administrative program created by the legislation. Examples are provided and NAIC Policyholder Disclosure Notice forms are included. Policy considerations surrounding TRIA are also discussed including insurance industry strategies, the difficulties of assessing terrorism risks, the effect of TRIA subsidized insurance on the market, and the benefits and …

Five Takes On District Of Columbia V. Heller, Glenn Harlan Reynolds

Scholarly Works

Part of an Ohio State Law Journal symposium on the Supreme Court's decision finding an individual right to arms in District of Columbia v. Heller, this article offers five takes on what the Heller decision might mean, and how it may play out in lower courts. First, we argue that Heller essentially followed the prevailing national consensus on the meaning of the Second Amendment. Second, we argue that this fact furnishes an important data point for those who argue that the Court usually follows, rather than leads, public opinion on disputed matters; and that, when it invalidates laws, it does …

Enterprise-Wide Risk Management And Corporate Governance, Betty Simkins, Steven A. Ramirez

Loyola University Chicago Law Journal

No abstract provided.

Commercial Speech, First Amendment Intuitionism And The Twilight Zone Of Viewpoint Discrimination, Martin H. Redish

Faculty Working Papers

In this article, I seek to demonstrate that arguments made by scholars against First Amendment protection for commercial speech may be divided into three categories: (1) rationalist, (2) intuitionist, and (3) ideological. I argue that all three forms of opposition to commercial speech protection suffer, either directly or indirectly, from the same fundamental flaw: each constitutes or at the very least facilitates creation of a constitutionally destructive form of viewpoint discrimination. I show that all of the specific rationales for opposing First Amendment protection for commercial speech are fatally and illogically underinclusive: In each case the justification asserted to support …

Eminent Domain And The Psychology Of Property Rights: Proposed Use, Subjective Attachment, And Taker Identity, Janice Nadler, Shari Seidman Diamond

Faculty Working Papers

The U.S. Supreme Court's decision in Kelo v. City of New London, allowing governments to force the sale of private property to promote economic development, provoked bipartisan and widespread public outrage. Given that the decision in Kelo was rendered virtually inevitable by the Court's earlier public use decisions, what accounts for the dread and dismay that the decision provoked among ordinary citizens? We conducted two experiments that represent an early effort at addressing a few of the many possible causes underlying the Kelo backlash. Together, these studies suggest that the constitutional focus on public purpose in Kelo does not fully, …

Why Is International Law Binding?, Anthony D'Amato

Faculty Working Papers

Many writers believe that international law is precatory but not "binding" in the way domestic law is binding. Since international law derives from the practice of states, how is it that what states do becomes what they must do? How do we get bindingness or normativity out of empirical fact? We have to avoid the Humean fallacy of attempting to derive an ought from an is. Yet we can find in nature at least one norm that is compelling: the norm of survival. This norm is hardwired into our brains through evolution. It is also hardwired into the international legal …

Judicial Compensation And The Definition Of Judicial Power In The Early Republic, James E. Pfander

Faculty Working Papers

Article III's provision for the compensation of federal judges has been much celebrated for the no-diminution provision that forecloses judicial pay cuts. But other features of Article III's compensation provision have largely escaped notice. In particular, little attention has been paid to the framers' apparent expectation that Congress would compensate federal judges with salaries alone, payable from the treasury at stated times. Article III's presumption in favor of salary-based compensation may rule out fee-based compensation, which was a common form of judicial compensation in England and the colonies but had grown controversial by the time of the framing. Among other …

Fifteen And Thirty Five--Class Warfare In Subchapter K Of The Internal Revenue Code: The Taxation Of Human Capital Upon The Receipt Of A Proprietary Interest In A Business Enterprise, Philip F. Postlewaite

Faculty Working Papers

Service providers (aka executives) to partnerships and to corporations confront a number of choices as to how their compensatory arrangement may be structured and the tax consequences thereof. In the simplest case, an individual may render services to an enterprise in return for cash payments over the period of service. In this non-equity setting, the issue is straightforward and non-controversial. The service provider is treated as receiving ordinary income for services rendered. The return on his or her expenditure of human capital is taxed at progressive rates.

Once the relationship between the service provider and the enterprise becomes more complicated …

Illuminating The Shadows Of Constitutional Space While Tracing The Contours Of Presidential War Power, Saby Ghoshray

Loyola University Chicago Law Journal

No abstract provided.

Informing The Enemy: Feeding The Counter-Intelligence Needs Of Our Adversaries, 25 J. Marshall J. Computer & Info. L. 681 (2008), Kenneth J. Ryan

UIC John Marshall Journal of Information Technology & Privacy Law

The author demonstrates how the convergences of technology, national security and an ever expanding media pose critical problems for the protection, dissemination and employment of information for national security purposes. Focusing on the methods and harms posed by the inadvertent and intentional disclosure of operational information, he proposes a three-part remedy that balances transparency with national security concerns and underscores the critical role that any information may hold in these days of heightened security.

Shared Dilemmas: Justice For Rape Victims Under International Law And Protection For Rape Victims Seeking Asylum, Lindsay Peterson

UC Law SF International Law Review

Rape is prohibited in every major domestic legal system and has long been a violation of customary international law, yet it is rarely prosecuted in either context. It was not until the 1990s, when women became actively involved in the international community through lobbying and occupying leadership positions, that the idea of rape as a crime against honor was reevaluated and modified to recognize rape as a violent crime. However, rape victims are still denied justice in many cases under international law and are denied protection from their attackers under U.S. domestic asylum law. This paper will examine the successes …

Sharpen The Blade: Void For Vagueness And Service Of Process Concerns In Civil Gang Injunctions, Ryan Young

McGeorge Law Review

No abstract provided.

Colombia's Incursion Into Ecuadorian Territory: Justified Hot Pursuit Or Pugnacious Error?, Luz E. Nagle

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Reporting On Palin: Negotiations In Political Theater, Erin Ryan

Scholarly Publications

This short essay uses negotiation theory as a lens to analyze the McCain campaign's efforts to manipulate its media coverage during the 2008 presidential election. It offers a timely consideration of the troubling dynamic that can arise between the media and the campaigns that they cover, which often approximates a formal negotiation. The essay compares the campaign's strategies for managing press coverage of its candidates to the well-researched techniques of competitive bargainers, including anchoring tactics, the scarcity effect, and psychological warfare. It reviews how reporters are uniquely hamstrung in coping with competitive bargaining tactics compared to ordinary negotiators, and tailors …

The African Elephant And The United States’ Effect On The Survival Of The Species, Laurel Mcneill

Hofstra Law Student Works

Initially, this paper will explore the major conditions affecting African elephant populations, the deleterious relationship between these animals and humans, and what is necessary to strike a balance for successful coexistence. The focus will then move towards an examination of the federal agencies that the United States charges with carrying out laws specific to the African elephant and the international organizations and treaties the United States is involved with to perpetuate the existence of the species. The analyses below demonstrate the need for different strategies to achieve long-term, effectual solutions to sustain the African elephant and our continued relations with …

Litigating At The Boundaries, 25 J. Marshall J. Computer & Info. L. 609 (2008), Keith G. Chval

UIC John Marshall Journal of Information Technology & Privacy Law

This article details some of the real world challenges facing the legal processes in the United States as information storage and retrieval technology outstrips legal procedures for dealing with these processes. Describing a “perfect storm” of litigation needs, technology and information concerns, he describes the continuing stumbling blocks in dealing effectively with an information world which is becoming increasingly digital, on more consumer devices that may make the protection and discovery of such information increasingly problematic.

Religious Reparations From The Trans-Atlantic Slave Trade: Forming Demons, Cults, And Zombies To Justify Black Enslavement, Danielle Boaz

St. Thomas Law Review

When religion is discussed in a legal setting, the topic is typically an examination of whether a law is either dealing with religions equally or staying out of religious affairs. The Western world has concerned itself with issues such as prayer in school, references to God on currency, religious attire in classrooms, and biblical texts in courthouses. These problems deal with the negative obligations of a state to not impose a religion on its people. The examination found in this article, however, will consider religious freedom from a different perspective. It will analyze freedom of religion in terms of the …

Kelo-Parents Involved And The Spatialization Of Color (Blindness) In The Berman-Brown Metropolitan Heterotopia, Tom I. Romero

Sturm College of Law: Faculty Scholarship

The article uses the 1954 eminent domain and school integration decisions in Berman v. Parker and Brown v. Board of Education and the more recent Kelo v. New London and Parents Involved in Community Schools v. Seattle School District cases to examine the rise of the multiracial metropolis in the United States. By linking and concomitantly exploring the United States Supreme Court’s eminent domain and school desegregation decisions, the article offers a fundamentally new approach to understanding the consequence and import of these decisions in managing property and race relations in the contemporary United States.

Analytical emphasis on the period …

Plea Bargaining And The Death Penalty, Albert Alschuler

Articles

No abstract provided.

Studying The Exclusionary Rule: An Empirical Classic, Albert Alschuler

Articles

No abstract provided.

The Private Military Company-Unravelling The Theoretical, Legal & Regulatory Mosaic, Benedict Sheehy, Jackson N. Maogoto

ILSA Journal of International & Comparative Law

"Our economic analysis has disclosed the fact that it is only the interests of competing cliques of business men-investors, contractors, export manufacturers, and certain professional classes-that are antagonistic; that these cliques, usurping the authority and voice of the people, use the public resources to push their private interests, and spend the blood and money of the people in this vast and disastrous military game, feigning national antagonisms which have no basis in reality."'

"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth

UIC Law Review

No abstract provided.

What To Do With Omar Khadr? Putting A Child Soldier On Trial: Questions Of International Law, Juvenile Justice, And Moral Culpability, 41 J. Marshall L. Rev. 1281 (2008), Christopher L. Dore

UIC Law Review

No abstract provided.

A ‘Call To Arms:’ A Gender Sensitive Approach To The Plight Of Female Child Soldiers In International Law, Priya Pillai

Human Rights Brief

No abstract provided.

The Tribe, The Empire, And The Nation: Enforceability Of Pre-Revolutionary Treaties With Native American Tribes, Adam F. Kinney

Case Western Reserve Journal of International Law

No abstract provided.