Digital Commons Network^™

Beyond Mitigation: Towards A Theory Of Allocution, Kimberly A. Thomas

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THE COURT: I don't think I have time to listen .... I am not going to reexamine your guilt or innocence here. That is not the purpose of a sentence.. THE DEFENDANT: I did not have the chance to tell you .... THE DEFENDANT: But, your Honor, listen to me-1 Should the court hear this defendant? Is the story of innocence relevant at allocution-the defendant's opportunity to speak on his or her own behalf at the sentencing hearing prior to the imposition of sentence? Or, is the purpose of allocution something different, as the judge suggests? The answers depend on …

The Myth (And Realities) Of Forum Shopping In Transnational Insolvency, John A. E. Pottow

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A decade ago, in 1996, the landscape of transnational insolvencies was vastly different from today. The UNCITRAL Model Law had not been finished, the efforts at the E.U. Insolvency Treaty were jeopardized by mad cows, and no one had heard of Chapter 15. Now, all three universalist projects are up and running, putting universalism in a comfortable state of ascendancy. The paradigm has not been without critics, however, the most persistent and eloquent of which has been Professor Lynn LoPucki. LoPucki has periodically attacked universalism on a number of grounds. These grievances include a sovereigntist complaint of universalism's insensitivity to …

Can China Promote Electronic Commerce Through Law Reform? Some Preliminary Case Study Evidence, Jane K. Winn, Song Yuping

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The government of the People’s Republic of China (P.R.C.) has announced its intention to make China a global leader in innovation by 2020. Many Chinese business leaders share this goal. The primary focus of this national strategy is to transform China into an exporter of high-technology products based on Chinese designs rather than merely a low cost, high volume manufacturer of products based on technology developed in other countries.

This paper will examine the implications for this strategy with regard to the use of computerized management information systems by Chinese businesses, and its relationship to recent law reform efforts intended …

Learning To Write In Code: The Value Of Using Legal Writing Exercises To Teach Tax Law, Scott A. Schumacher

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Traditionally, law school tax courses have been taught using a mix of problems, class discussion, the Socratic method, and one end-of-term exam. The goal of these courses is to introduce students to key concepts of tax law and to teach them the essential skill of reading and interpreting the Internal Revenue Code and Treasury Regulations. This traditional method of instruction is an efficient and cost-effective way of transmitting a great deal of complex information to a large number of students. It is also a good vehicle to teach the essential skill of reading and interpreting the Code. However, the time …

Constitutional Patriotism, Citizenship And Belonging In America And Germany, David Abraham

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No abstract provided.

Computational Trust In Web Content Quality: A Comparative Evalutation On The Wikipedia Project, Pierpaolo Dondio

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The problem of identifying useful and trustworthy information on the World Wide Web is becoming increasingly acute as new tools such as wikis and blogs simplify and democratize publication. It is not hard to predict that in the future the direct reliance on this material will expand and the problem of evaluating the trustworthiness of this kind of content become crucial. The Wikipedia project represents the most successful and discussed example of such online resources. In this paper we present a method to predict Wikipedia articles trustworthiness based on computational trust techniques and a deep domain-specific analysis. Our assumption is …

The International Protean Career: Four Women’S Narratives, Marian Crowley-Henry, David Weir

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In this paper, we share individual narratives outlining the experiences of four well-educated western women following a permanent international career in the South of France. By virtue of detailed interview transcripts and contextual information regarding the specificity of the location in question, a comprehensive picture of the experiences and choices of individual women in leadership business positions on an international level is painted. Our aim is not to generalise the findings to a wider population, but to gain an insight into the depth and complexity of career issues for women in general, and particularly for women working in a foreign …

An Anthology Of Enterprise Policy In Ireland, William Gorman, Thomas Cooney

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Ruane and Gorg (1996: 37) remarked that 'any careful comparison of the Irish economy with other economies in the European Union immediately focuses on two key features of Ireland's pattern of industrial development: the enormous significance of foreign direct investment (FDI) and the very high export ratios in the Irish manufacturing sector among foreign-owned companies. These two features have not developed by accident, but are directly related to the industrial strategy which Ireland has pursued over the past forty years, namely, of promoting export-led growth in Irish manufacturing through various incentives and of encouraging foreign companies to establish manufacturing plants …

Ennobling Direct Democracy, Sherman J. Clark

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In this essay, Professor Clark argues that we should be attentive to the effect that direct democracy might have on our public character. Building upon earlier work, Clark suggests that the initiative in particular threatens to debase us by undercutting a crucial character trait which might best be called "responsibility-taking." The bulk of this essay is devoted to explaining what this means, and why it matters. Why should we care about the effect of political processes on public character? Why is this particular trait important and worth preserving? How is it threatened by direct democracy? In conclusion, and by way …

On The Relation Between Form And Substance In Law, Philip E. Soper

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In this paper the author deals with some theoretical aspects of Robert Summers’ last book (Summers 2006). In particular, he concentrates on the hazy relationship between form and substance in Summers’ theory. In order to analyze some major difficulties entailed in the thesis that form and substance are different and independent things, the author discusses three specific questions: (1) the difference between form and substance; (2) the possibility of a form meant to be value-neutral; (3) how to distinguish a form-centered approach from a formalistic approach when one has to interpret a statute. This last question is dealt with through …

Legal Commitments And Religious Commitments, Jospeh Vining

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In his elegant and accessible new book, Law's Quandary, Steven Smith groups our various senses of what is real for us into ontological families: the mundane; the scientific, including mathematics; and the religious. These supply "lumberyards," as it were, for thought and discussion about the world and action in it. Law itself is not one of them. Those involved in law, as citizens or professionals practicing law or speaking for or about law, are presented in the book as looking out from law to the ontological resources available in the lumberyards he describes.

The Word And The Law, James Boyd White

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In this Article I shall first give a brief account of Milner Ball's book, The Word and the Law, saying something about the interesting and important way in which it connects theology, literature, and law. I shall then give a little more content to what I say about this achievement by engaging in a kind of reading of two texts, one theological and one literary, connecting both to the law. I mean this reading simultaneously to be my own and to reflect something of what I have learned from Milner. Another way to put this is to say that …

Homer Clark: Colleague And Friend, James Boyd White

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Born in Chicago in 1918, Homer Clark was raised in the Long Island suburbs of New York City. After high school he attended Amherst College, where he was an athlete-playing football, squash, and I think baseball too--as well as of course a good student. There he met the major influence in his intellectual life, Theodore Baird, who was the dominant academic figure at Amherst in those days. Baird was an English teacher, whose extraordinary freshman composition course opened the minds of generations of students. Baird and Homer hit it off, especially after they got into an argument in class. Homer …

Partially Odious Debts?, Omri Ben-Shahar, Mitu Gulati

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The despotic ruler of a poor nation borrows extensively from foreign creditors. He spends some of those funds on building statues of himself, others on buying arms for his brutal secret police, and he places the remainder in his personal bank accounts in Switzerland. The longer the despot stays in power, the poorer the nation becomes. Although the secret police are able to keep prodemocracy protests subdued by force for many years, eventually there is a popular revolt. The despot flees the scene with a few billion dollars of his illgotten gains. The populist regime that replaces the despot now …

Crawford, Davis, And Way Beyond, Richard D. Friedman

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Until 1965, the Confrontation Clause of the Sixth Amendment to the United States Constitution hardly mattered. It was not applicable against the states, and therefore had no role whatsoever in the vast majority of prosecutions. Moreover, if a federal court was inclined to exclude evidence of an out-of-court statement, it made little practical difference whether the court termed the statement hearsay or held that the evidence did not comply with the Confrontation Clause.

Does Nonprofit Ownership Matter?, Jill R. Horwitz

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In recent years, policymakers have increasingly questioned whether nonprofit institutions, particularly hospitals, merit tax exemption. They argue that nonprofit hospitals differ little from their for-profit counterparts in the provision of charity care and, therefore, should either lose their tax-exempt status or adhere to new, strict, and specific requirements to provide free services for the poor. In this Article, I present evidence that hospital ownership-whether it is for-profit, nonprofit, or government owned-has a significant effect on the mix of medical services it offers. Despite notoriously weak enforcement mechanisms, nonprofit hospitals act in the public interest by providing services that are unlikely …

Francis A. Allen--Architect Of Modern Criminal Procedure Scholarship, Yale Kamisar

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Francis A. Allen, who spent the last eight years of his distinguished teaching career at the University of Florida, Fredric G. Levin College of Law, died at the age of eighty-seven. He was a leading figure in law teaching, and the legal profession generally, for more than four decades.

Public Rights And Private Commerce: A Nineteenth-Century Atlantic Creole Itinerary, Rebecca J. Scott

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Tracing the history of a family across three generations, from enslavement in eighteenth-century West Africa through emancipation during the Haitian Revolution and subsequent resettlement in New Orleans, then France, then Belgium, can shed light on phenomena that are Atlantic in scope. A business letter written in 1899 by the cigar merchant Edouard Tinchant to General Máximo Gómez in Cuba frames an inquiry that opens out onto a family itinerary that spanned the long nineteenth century. Rosalie Vincent’s achievement of freedom in the shadow of slavery in Saint-Domingue in 1793–1803 can be seen as linked to her grandson Edouard Tinchant’s participation …

Shared And Mutual Knowledge In Language Learning, Marty Meinardi

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This article discusses the matter of shared knowledge from the perspective of the different deictic centres of understanding. Difficulties, which may result from a possible lack of a shared knowledge between NSs and NNSs due to differences in language experiences and personal backgrounds, are identified.

Assessing The Writing Of International Learners: A Discussion In Two Voices, Sue Norton, Marty Meinardi

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No abstract provided.

A Primer On The Nonproliferation Regime For Maritime Security Operations Forces, Craig Allen

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This article seeks to provide the reader with an overview of the weapons of mass destruction (WMD) nonproliferation regime relevant to marine security operations and to alert the reader to shortfalls in that regime that might frustrate at-sea efforts to interdict WMD shipments. It begins with a general description of the international approach to combating proliferation of WMD and then examines the individual regimes for nuclear weapons, chemical weapons (CW), biological-toxin weapons (BTW) and WMD delivery systems, such as missiles and unmanned aerial vehicles. It next traces the development of several resolutions by the United Nations Security Council that target …

Command Of The Commons Boasts: An Invitation To Lawfare?, Craig H. Allen

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The first panel in this, the 2006 Naval War College, International Law Department conference on "Global Legal Challenges: Command of the Commons, Strategic Communications, and Natural Disasters," has been asked to offer a US perspective on current assertions regarding the US command of the commons. It is my privilege to moderate the discussion by a distinguished panel that includes Vice Admiral Lowell E. ("Jake") Jacoby, US Navy (retired) the immediate past director of the Defense Intelligence Agency; Vice Admiral John G. Morgan, Jr., US Navy, deputy chief of naval operations for plans and strategy (N3/N5); and Rear Admiral Joseph L. …

A Note On Clean Abelian Groups, Brendan Goldsmith, P. Vamos

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Nicholson defined a ring to be clean if every element is the sum of a unit and an idempotent. A module is clean if its endomorphism algebra is clean. We show that torsion-complete Abelian p-groups are clean and characterize the clean groups among the class of totally projective p-groups. An example is given of a clean p-group which is neither totally projective nor torsion- complete

Faith And Mystery In Kate O'Brien's ''The Ante Room'', Eamon Maher

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Material reproduced by kind permission of Reality

Can Lawyers Find Happiness Symposium: Perspectives On Lawyer Happiness, Richard Delgado, Jean Stefancic

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No abstract provided.

Is This Your Bedroom?: Reconsidering Third-Party Consent Searches Under Modern Living Arrangements Note, Russell M. Gold

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No abstract provided.

Rodrigo's Corrido: Race, Postcolonial Theory, And U.S. Civil Rights, Richard Delgado

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No abstract provided.

The Return Of Seditious Libel, Ronald J. Krotoszynski Jr., Clint A. Carpenter

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No abstract provided.

What If John Calmore Had A Latino/A Sibling A Tribute To John O. Calmore's Work, Richard Delgado, Jean Stefancic

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No abstract provided.

Using Comparative Torts Materials To Teach First-Year Torts, Anthony J. Sebok

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The article argues that incorporating comparative torts materials, particularly from European jurisdictions such as Germany and Italy, can effectively enhance the teaching of tort damages in first-year law courses. This approach is not about adopting a comparative curriculum but using these materials to provide deeper insights into American tort law.