Digital Commons Network^™

Judges As Rulemakers, Larry A. Alexander, Emily Sherwin

University of San Diego Public Law and Legal Theory Research Paper Series

This essay analyzes and compares different approaches to the problem of legal precedent. If judges reasoned flawlessly, the ideal approach to precedent would give prior judicial opinions only the weight they naturally carry in moral reasoning. Given that judges are not perfect reasoners, the best approach to precedent is one that treats rules established in prior decisions as authoritative for later judges. In comparison to the natural model of precedent, a rule-based model minimizes error. A rule-based model is also superior to several popular attempts at compromise, which call on judges to reason from the results of prior cases or …

Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris

University of San Diego Public Law and Legal Theory Research Paper Series

This essay, written as part of a symposium issue to commemorate the 50th anniversary of the University of San Diego Law School, discusses the evaporating distinction between sentence-serving convicts and mentally disordered nonconvicts who are involved in, or who were involved in, the criminal process–people we label as both bad and mad. By examining one Supreme Court case from each of the decades that follow the opening of the University of San Diego School of Law, the essay demonstrates how the promise that nonconvict mentally disordered persons would be treated equally with other civilly committed mental patients was made and …

Lawyers As Gatekeepers, Fred C. Zacharias

University of San Diego Public Law and Legal Theory Research Paper Series

Three recent legislative and regulatory initiatives -- the Sarbanes-Oxley Act, the 2003 amendments to Model Rules 1.6 and 1.13, and the Gatekeeper Initiative – all seek to enlist the assistance of lawyers in thwarting crime. Outraged opponents have relied on flamboyant rhetoric. They challenge the notion that lawyers should act as gatekeepers – which some of the opponents deem equivalent to operating like the “secret police in Eastern European countries.” This article makes a simple, and ultimately uncontroversial, point. Lawyers are gatekeepers, and always have been. Whatever one’s position on the merits of the specific reforms currently being proposed, it …

Understanding Recent Trends In Federal Regulation Of Lawyers, Fred C. Zacharias

University of San Diego Public Law and Legal Theory Research Paper Series

Federal lawmakers increasingly have taken actions that contradict, interfere with, or preempt state regulation of lawyers. Most of the commentary regarding the recent federal actions has focused on whether individual regulations are substantively justified. It is, however, worth considering more broadly whether and how the phenomenon of increasing federal regulation is symptomatic of changing views of appropriate professional regulation. This article considers a series of theoretical analyses of the increasing federal regulation -- themes and trends that the increasing regulation might represent or epitomize. Whenever the bar or other commentators criticize developments in professional regulation, it is important to place …

Generic Constitutional Law, David S. Law

University of San Diego Public Law and Legal Theory Research Paper Series

This paper seeks to articulate and explore the emerging phenomenon of generic constitutional law, here and in other countries. Several explanations are offered for this development. First, constitutional courts face common normative concerns pertaining to countermajoritarianism and, as a result, experience a common need to justify judicial review. These concerns, and the stock responses that courts have developed, amount to a body of generic constitutional theory. Second, courts employ common problem-solving skills in constitutional cases. The use of these skills constitutes what might be called generic constitutional analysis. Third, courts face overlapping influences, largely not of their own making, that …

The Tenuous Case For Conscience, Steven D. Smith

University of San Diego Public Law and Legal Theory Research Paper Series

If there is any single theme that has provided the foundation of modern liberalism and has infused our more specific constitutional commitments to freedom of religion and freedom of speech, that theme is probably “freedom of conscience.” But some observers also perceive a progressive cheapening of conscience– even a sort of degradation. Such criticisms suggest the need for a contemporary rethinking of conscience. When we reverently invoke “conscience,” do we have any idea what we are talking about? Or are we just exploiting a venerable theme for rhetorical purposes without any clear sense of what “conscience” is or why it …

The Winonan, Winona State University

The Winonan - 2000s

No abstract provided.

Teaching Race Without A Critical Mass: Reflections On Affirmative Action And The Diversity Rationale, Kathryn R.L Rand, Steven Andrew Light

Journal of Legal Education

No abstract provided.

Race And Equality Across The Law School Curriculum: The Law Of Tax Exemption, David A. Brennen

Journal of Legal Education

No abstract provided.

Undergraduate Curriculum And Academic Policy Minutes, September 22, 2004 And 2004-2005 Committee Member List

Undergraduate Curriculum and Academic Policy Committee Minutes

Committee member list from 2004-2005 and minutes from the Wright State University Faculty Senate Undergraduate Curriculum and Academic Policy Committee meeting held on September 22, 2004.

Statistical Mechanics Of Worm-Like Polymers From A New Generating Function, Gustavo A. Carri, Marcelo Marucho

College of Polymer Science and Polymer Engineering

We present a mathematical approach to the worm-like chain model of semiflexible polymers. Our method is built on a novel generating function from which all the properties of the model can be derived. Moreover, this approach satisfies the local inextensibility constraint exactly. In this paper, we focus on the lowest order contribution to the generating function and derive explicit analytical expressions for the characteristic function, polymer propagator, single chain structure factor, and mean square end-to-end distance. These analytical expressions are valid for polymers with any degree of stiffness and contour length. We find that our calculations are able to capture …

The Lumberjack, September 22, 2004

Cal Poly Humboldt's Student Newspaper

The student newspaper of Humboldt State University.

A Tournament Of Virtue, Lawrence B. Solum

University of San Diego Public Law and Legal Theory Research Paper Series

How ought we to select judges? One possibility is that each of us should campaign for the selection of judges who will transform our own values and interests into law. An alternative is to select judges for their possession of the judicial virtues - intelligence, wisdom, courage, and justice. Stephen Choi and Mitu Gulati reject both these options and argue instead for a tournament of judges - the selection of judges on the basis of measurable, objective criteria, which they claim point toward merit and away from patronage and politics. Choi and Gulati have gotten something exactly right: judges should …

The Hollowness Of The Harm Principle, Steven D. Smith

University of San Diego Public Law and Legal Theory Research Paper Series

Among the various instruments in the toolbox of liberalism, the so-called “harm principle,” presented as the central thesis of John Stuart Mill’s classic On Liberty, has been one of the most popular. The harm principle has been widely embraced and invoked in both academic and popular debate about a variety of issues ranging from obscenity to drug regulation to abortion to same-sex marriage, and its influence is discernible in legal arguments and judicial opinions as well. Despite the principle’s apparent irresistibility, this essay argues that the principle is hollow. It is an empty vessel, alluring but without any inherent legal …

Daily Eastern News: September 22, 2004, Eastern Illinois University

September

No abstract provided.

Fiscal Impact Modeling Research, Dennis G. Colie, Alex A. Mcpherson, University Of South Florida. Center For Economic Development Research, Tampa Bay Regional Coalition

College of Business Publications

This memorandum is a report of research commissioned by the Tampa Bay Regional Coalition and presented to the Coalition on September 15, 2004--P. 1.

It's Happening At State: September 22, 2004

It's Happening at State

Provides summary information of news and events of interest to the faculty and staff of NDSU.

Memorandum, Dennis Colie To Tampa Bay Regional Coalition, Fiscal Impact Modeling Research, September 22, 2004, Dennis G. Colie

Center for Economic Development Research (CEDR) Collection

This research by the Center for Economic Development Research at USF replicates and analyzes a development example from the Hillsborough County Fiscal Impact Analysis Model (FIAM). The report evaluates the fiscal impacts of a medium lot subdivision in Lutz, focusing on operating and capital revenues and costs, and highlights the model's transparency and areas for potential improvement.

On Collegiality, Michael L. Seigel

Journal of Legal Education

No abstract provided.

A Response To The Society Of American Law Teachers Statement On The Bar Exam, Suzanne Darrow-Kleinhaus

Journal of Legal Education

No abstract provided.

Race, Corporate Law, And Shareholder Value, Thomas W. Joo

Journal of Legal Education

No abstract provided.

Ddasaccident533, Hd-Aid

Global CWD Repository

At 09.10hrs on the 22nd of September 2004, deminer [the Victim] was carrying out manual clearance using the prodding method on the northern side of Minefield 0011 at Ina Guuxaa. Whilst excavating earth at the front of his lane, he inadvertently detonated what is suspected to have been a P-4 anti personnel mine.

The George-Anne, Georgia Southern University

The George-Anne

• Police Officer and Child Die in Shootings at Pre-Kindergarten
• Campus
• National
• Opinions
• Classifieds
• Sports

Juab County, State Of Utah Sherald James, Plaintiff/ Appellant, V. Melvin J. Hunt, Ronellab. Hunt, Legrand Hunt, Bernie Annette Hunt, Terry W. Hunt, And Phyllis W. Hunt, Defendants/Appellees.: Brief Of Appellant

Utah Appeals Court Briefs

APPEAL APPEAL FROM FOURTH DISTRICT COURT, JUAB COUNTY JUDGE FRED D. HOWARD

Encouraging Ethical Conduct For Multinational Businesses, Steven C. Bahls

Speeches and Statements

No abstract provided.

09-21-04 (The Liberty Champion, Volume 22, Issue 3)

2004 -- 2005

No abstract provided.

Spartan Daily, September 21, 2004, San Jose State University, School Of Journalism And Mass Communications

Spartan Daily (School of Journalism and Mass Communications)

Volume 123, Issue 16

Eichenlaub V. Twp Of Indiana

2004 Decisions

USDC for the Western District of Pennsylvania

Usa V. Zavrel

2004 Decisions

USDC for the Middle District of Pennsylvania

The Bates Student - Volume 134 Number 02 - September 21, 2004, Bates College

The Bates Student

No abstract provided.