Digital Commons Network^™

John Mcgahern And The Commemoration Of Traditional Rural Ireland, Eamon Maher

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No abstract provided.

Air Passenger Rights:A New Departure In European Aviation Law, Niall Neligan

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The purpose of this article is to critically evaluate the legal and economic implications of the framework for passenger rights under Regulation 261/2004 in light of the recent decision of the Court of Justice in International Air Transport Association v The Department of Transport . This article will examine in detail the Regulation,
outlining the major provisions contained within, the legal challenge brought by the International Air Transport Association (“IATA”) and the European Low Fares Association (“ELFA”) and the impact
it will have on passenger rights in the European Union. Furthermore, the article will conclude by examining how national enforcement …

Cbc.Ca - Broadcast Sovereignity In A Digital Environment, Brian O'Neill

Articles

Canadian Broadcasting Corporation (CBC), like many public broadcasters, has identified the value of branding their services on the world wide web as a crucial element in the strategy to bring radio into the digital era. Their approach highlights a number of strategically important issues facing broadcasters in the current environment. The internet, in Canadian terms, is an unregulated space and a not particularly Canadian space. Just as in the terrestrial environment, broadcasters like CBC have to operate in an environment dominated by United States-based interests. The regulatory solutions that Canada has previously pursued in order to preserve cultural sovereignty may …

Found Law, Made Law And Creation: Reconsidering Blackstone's Declaratory Theory, William S. Brewbaker Iii

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The subject of this paper is Blackstones famous declaratory theory of law the claim that judges find the law rather than make it Blackstones claim is widely rejected in the legal academy often because Blackstone is wrongly associated with the brooding omnipresence view of law rejected in cases like Erie Guaranty Trust and Southern Pacific Co v Jensen I argue that Blackstones theory fails for other reasons namely because his account does not square well with law practice as it exists and because his distinction between legislative lawmaking and judicial declaration is ultimately unsustainableDespite its faults Blackstones account of judging …

Trademarks And The Landscape Of Imagination, Alan L. Durham

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No abstract provided.

Hitting The Sweet Spot: Finding The Center In Teaching Professional Responsibility, Steven H. Hobbs

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No abstract provided.

Weighing And Reweighing Eminent Domain's Political Philosophies Post-Kelo, Alberto B. Lopez

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No abstract provided.

Rodrigo's Roundelay: Hernandez V. Texas And The Interest-Convergence Dilemma, Richard Delgado

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In this chronicle Rodrigo meets with his mentor before a party and the two discuss celebratory jurisprudence Their discussion focuses on Hernandez v Texas as a milestone for Latino civil rights After discussing the historical background against which the Supreme Court decided the case they conclude that the groundbreaking decision arrived as a result of concerns in high circles over Latin American communism and peoples movements and the risk of the same in the United States

Universities As First Amendment Institutions: Some Easy Answers And Hard Questions Symposium: Constitutional Niches: The Role Of Institutional Context In Constitutional Law, Paul Horwitz

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No abstract provided.

Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations Symposium: Religion, Division, And The Constitution, Paul Horwitz

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No abstract provided.

History Belongs To The Winners: The Bazelon-Leventhal Debate And The Continuing Relevance Of The Process/Substance Dichotomy In Judicial Review Of Agency Action Administrative Law Discussion Forum, Ronald J. Krotoszynski Jr.

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No abstract provided.

Lessons On Lawyers, Democracy, And Professional Responsibility, Kenneth M. Rosen

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No abstract provided.

Thomas Aquinas And The Metaphysics Of Law, William S. Brewbaker Iii

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Despite modernity's longstanding aversion to metaphysics, legal scholars are increasingly questioning whether law can be understood in isolation from wider questions about the nature of reality. This Article examines perhaps the most famous of metaphysical legal texts—Thomas Aquinas's still widely read Treatise on Law—with a view toward tracing the influence of Thomas's metaphysical presuppositions. This Article shows that Thomas's account of human law cannot be fully understood apart from his metaphysics. Attention to Thomas's hierarchical view of reality exposes tensions between Thomas's “top-down” account of law and his sophisticated “bottom-up” observations. For example, Thomas grounds human law's authority in its …

Developing A More Holistic Approach To Water Management In The United States, William L. Andreen

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Americans have generally treated water just like land and other natural resources as a commodity for human use manipulation and degradation Little thought or significance at least until relatively recently was attached to the adverse environmental impact of reduced stream flows and the damage caused by hydrologic modifications such as dams and by various development activities that disrupt and pollute aquatic habitats The United States therefore faces the difficult challenge of trying at a late date to bring together three separate but inextricably connected disciplines one focusing on water use one on water quality and yet another focusing on development …

Detaining Due Process: The Need For Procedural Reform In Joseph Hearings After Demore V. Kim, Shalini Bhargava Ray

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No abstract provided.

Beautiful Dreamer: Review Of A Life Of H.L.A. Hart: The Nightmare And The Noble Dream, By Nicola Lacey, Jeanne L. Schroeder

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H.L.A. Hart is probably the most important legal theorist in the modern English-speaking world. The intriguing subtitle of Nicola Lacey's intimate biography, "The Nightmare and the Noble Dream, " echoes the name of Hart's 1997 Georgia Law Review paper, in which he identifies two warring, equally inadequate, visions of law in American jurisprudence: the "nightmare" of complete indeterminacy and unbridled judicial discretion and the "noble dream " of a closed, deterministic legal system of judicial restraint. Lacey implies that Hart's life itself was both a nightmare and a noble dream. This book review expands on Lacey's work and suggests how …

Barry Scheck Lectures On Wrongful Convictions, Barry Scheck

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The article discusses the systemic issues leading to wrongful convictions, emphasizing the role of mistaken eyewitness identification and flawed forensic science. It highlights the importance of postconviction DNA exonerations in revealing these injustices and advocates for reforms to improve the criminal justice system.

Radical Integration, Michelle Adams

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"Radical Integration" explores the two primary theoretical frameworks for achieving black liberation: the integration approach (which can be understood as assimilationist) and the identity-based, community-centered approach (which can be understood as isolationist). I argue that neither framework, by itself, is enough to ensure the achievement of true black liberation. I extract key elements of each approach and harmonize them to envision an entirely new framework. This framework, "radical integration," refocuses on the impact of racial segregation on the black community and simultaneously recognizes the need to address concerns about black identity and black authenticity in an integrated environment.

Political Judging: When Due Process Goes International, Montre D. Carodine

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The Supreme Courts recent reliance on foreign precedent to interpret the Constitution sparked a firestorm of criticism and spawned a rich debate regarding the extent to which US courts should defer to foreign law when developing US constitutional norms This article looks at a subset of the issue of deference to foreign law and international influences in judicial decision making the extent to which our courts should apply American notions of due process in determining whether to recognize and enforce judgements obtained abroadCourts reviewing foreign judgements to determine whether they are worthy of recognition have created an international due process …

Jewish Law For The Law Librarian, David Hollander

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Mr Hollander provides an introductory guide to the Jewish legal system with the intent of providing law librarians with the basic knowledge necessary to begin to help a patron conduct research in Jewish law.

Jewish Law For The Law Librarian, David Hollander

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Mr Hollander provides an introductory guide to the Jewish legal system with the intent of providing law librarians with the basic knowledge necessary to begin to help a patron conduct research in Jewish law.

George P. Fletcher And Steve Sheppard, American Law In A Global Context: The Basics. Oxford And New York, Oxford University Press 2005 (Book Review), Janet Stearns

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No abstract provided.

Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Tamar Ezer, Kate Kerr, Kara Major, Aparna Polavarapu, Tina Tolentino

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No abstract provided.

Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer

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No abstract provided.

Champagne, Feta, And Bourbon: The Spirited Debate About Geographical Indications, Justin Hughes

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Geographical Indications (GIs) are terms for foodstuffs that are associated with certain geographical areas. The law of GIs is currently in a state of flux. Legal protection for GIs mandated in the TRIPS Agreement is implemented through appellations law in France and through certification mark systems in the United States and Canada. This Article first examines the state of GIs throughout the world. The author then turns to the continuing debate between the European Union and other industrialized economies over this unique form of intellectual property. The European Union claims that increasing GI protection would aid developing countries, but, in …

Public Law Limitations On Privatization Of Government Functions, Paul R. Verkuil

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The privatization movement is on the verge of succeeding too well. The fact that some of what government does can be done better and cheaper by the private sector has gained such momentum that the public sector is sometimes seen as redundant or irrelevant. But the economist's make-or-buy choice simply fails to capture the full range of responsibilities that government faces in deciding whether to outsource a particular function to private contractors.

This Article illuminates the public dimension of government functions. By exploring the public-private distinction and relating it to constitutional, statutory, and administrative requirements, it structures an argument that …

Size Matters (Or Should) In Copyright Law, Justin Hughes

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American copyright law has a widely recognized prohibition against the copyrighting of titles, short phrases, and single words. Despite this bar, effective advocacy has often pushed courts into recognizing independent copyright protection for smaller and smaller pieces of expression, particularly in recent cases involving valuation and taxonomy systems. Copyright case law is rife with dicta suggesting protection of short phrases and single words.

This instability in copyright law is rooted in the fiction that we deny copyright protection to short phrases and single words because they lack originality. In fact, there are many short phrases that cross copyright's low threshold …

In Defense Of The No Further Inquiry Rule: A Response To Professor John Langbein, Melanie B. Leslie

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No abstract provided.

Characterization Of Surface Roughness Effects On Pressure Drop In Single-Phase Flow In Minichannels, Satish G. Kandlikar, Derek Schmitt, Andres L. Carrano, James B. Taylor

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Roughness features on the walls of a channel wall affect the pressure drop of a fluid flowing through that channel. This roughness effect can be described by (i) flow area constriction and (ii) increase in the wall shear stress. Replotting the Moody's friction factor chart with the constricted flow diameter results in a simplified plot and yields a single asymptotic value of friction factor for relative roughness values of e/ D> 0.03 in the fully developed turbulent region. After reviewing the literature, three new roughness parameters are proposed (maximum profile peak height Rp, mean spacing of profile irregularities Rsm, and …

A Quantitative Assessment Of The Benefit Of A Learning Community Environment, Mario H. Castro-Cedeno

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An introductory course in manufacturing processes was taught to a cohort of engineering technology students participating in a learning community (LC) experiment and to a group of non-participating students. The LC students were all freshmen and took all the courses as a group. They were encouraged to work in teams. Non-LC students were also encouraged to work in teams but their class schedules were not coordinated. Data were collected on test scores, homework scores, and homework completion rates. The data show that the standard deviation of the grades distribution is significantly smaller for the LC group and that outliers with …