Digital Commons Network^™

Judicial Elections, Gene R. Nichol

First Amendment Law Review

No abstract provided.

When Free Speech And Free Elections Collide: A North Carolina Case Study, Robert H. Halll

First Amendment Law Review

No abstract provided.

Regulatory Taxings, Eduardo Peñalver

Articles

The tension between the Supreme Court's expansive reading of the Takings Clause and the state's virtually limitless power to tax has been repeatedly noted, but has received little systematic exploration. Although some scholars, most notably Richard Epstein, have used the tension between takings law and taxes to argue against the legitimacy of taxation as it is presently practiced, such an approach has failed to gain a significant following. Instead, the broad legal consensus is that legislatures effectively have unlimited authority to impose tax burdens. Nevertheless, this Article demonstrates that every attempt to formulate a "Reconciling Theory," a theory that would …

Criminal Law, Laura D. Hogue, Franklin J. Hogue

Mercer Law Review

In this year's survey of criminal law in Georgia, we selected only cases in which a new rule of law was announced, a case of first impression was presented, a case with unusual or interesting facts was presented, or the case, while saying nothing new, set forth well-established law about topics that we could all use a reminder of from time to time.

Indivisible Injury Negligence And Nuisance Cases –Proving Causation Among Multiple-Source Polluters: A State-By-State Survey Of The Law For New England, And A Proposal For A New Causation Framework, Paul Homer

The University of New Hampshire Law Review

[Excerpt] "The skies, soil, and water of every state are polluted every day. Whether the pollutants enter the atmos phere from coal plants or the water-ways from large farms, materials a bnormal to the “natural” environment are regularly emitted by a variety of sources over wide regions of the nation. To some extent, such emissions are normal and acceptable activities in modern society."

Sodomy And Prostitution: Laws Protecting The “Fabric Of Society”, Nicole A. Hough

The University of New Hampshire Law Review

[Excerpt] “Throughout history many people have viewed sodomy and prostitution as moral evils, because sex has often been linked to sin and, therefore, to immorality and guilt. For example, in ancient Hebrew, a sodomite was known as a qadhesh, a male temple prostitute who was associated with heathen deities and impure forms of worship. The female version of qadhesh, qedheshah, is translated directly as prostitute. This archaic view of labeling prostitution and sodomy as impure has been challenged over time, and both topics are still a source of great controversy. […]

This note is a comparative analysis of sodomy and …

Middle Atlantic, Todd M. Day

North American Birds

No abstract provided.

Eastern Highlands And Upper Ohio River Valley, Victor W. Fazio Iii, Nick Pulcinella

North American Birds

No abstract provided.

Iowa And Missouri, James J. Dinsmore

North American Birds

No abstract provided.

British Columbia, Donald G. Cecile

North American Birds

No abstract provided.

Middle Pacific Coast, Michael Rogers, Steven A. Glover, Luke W. Cole, Scott B. Terrill

North American Birds

No abstract provided.

Pictorial Highlights, North American Birds

North American Birds

No abstract provided.

The Proceedings Of The European Ombudsman, Simone Cadeddu

Law and Contemporary Problems

Given the severe institutional shortcomings of the European Ombudsman and the poor understanding of his duties among European citizens, the Ombudsman's information strategy does not appear to have been very effective so far. With dedication and activism, the Ombudsman continues to travel tirelessly year after year, participating in conferences, seminars, meetings, and visits with officials of Community and national institutions in all of the 25 Member States.

International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas

William & Mary Bill of Rights Journal

No abstract provided.

Suppressing The Incriminating Statements Of Foreigners, John Quigley

William & Mary Bill of Rights Journal

No abstract provided.

The Mandatory Death Penalty In The Commonwealth Caribbean And The Inter-American Human Rights System: An Evolution In The Development And Implementation Of International Human Rights Protections, Brian D. Tittemore

William & Mary Bill of Rights Journal

No abstract provided.

A Law Student In The Supreme Court: United States V. Drayton And The Future Of Consent Search Analysis, Dennis J. Callahan

William & Mary Bill of Rights Journal

No abstract provided.

Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren

William & Mary Bill of Rights Journal

No abstract provided.

The Extraordinary Execution Of Billy Vickers, The Banality Of Death, And The Demise Of Post-Conviction Review, David R. Dow, Jim Marcus, Morris Moon, Jared Tyler, Greg Wiercioch

William & Mary Bill of Rights Journal

No abstract provided.

Righteous Shooting, Unreasonable Seizure? The Relevance Of An Officer's Pre-Seizure Conduct In An Excessive Force Claim, Aaron Kimber

William & Mary Bill of Rights Journal

No abstract provided.

Not So Landmark After All? Lawrence V. Texas: Classical Liberalism And Due Process Jurisprudence, Davin J. Hall

William & Mary Bill of Rights Journal

No abstract provided.

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Political Dynamics Within The Balkans: The Cases Of Bosnia & Herzegovina, Macedonia, Bulgaria, Serbia, And Montenegro, Lisen Bashkurti

Chicago-Kent Law Review

The Essay intends to analyze the regional and local political dynamics within the Balkans and focuses on the most problematic and disputable areas after the Cold War. Through analyses of individual states, bilateral relations, and regional relations, the author gives a broad and complex view of the current and future reconfiguration of the Balkans. Individual cases with contradictory political trends, interstate problems with reciprocal implications, regional "domino effects" of overall solutions, and local and international engagements to support the process in accordance with the modern trend of democratization and integration of the Balkans are included in the Essay's laboratory of …

The Insufficiency Of International Legal Personality Of Kosova As Attained Through The European Court Of Human Rights: A Call For Statehood, Iliriana Islami

Chicago-Kent Law Review

The Essay starts with the question whether the idea of a "sovereign state" should wither away in the face of new processes, namely globalization and human rights, processes which are sweeping the world. My conclusion is that the bureaucratic rationale of statehood allows citizens to improve their human rights through participation in a political process. If human rights are not respected, international law would support the national law system that is akin to statehood.

Resolving Claims When Countries Disintegrate: The Challenge Of Kosovo, Henry H. Perritt Jr.

Chicago-Kent Law Review

Final status for Kosovo must include a mechanism for resolving claims incident to the breakup of Yugoslavia and the secession of Kosovo from Serbia. Models and theory drawn from other experiences with the dissolution of states provide only partial guidance for Kosovo because the earlier efforts tended to neglect private claims and tended to concern successor states where sovereignty was clearer than it has been during the period of international administration of Kosovo. The most attractive possibility for Kosovo is to establish an international tribunal modeled in part on the Iran and Iraqi claims tribunals, with some decision makers appointed …

Final Status Of Kosovo: The Role Of Human Rights And Minority Rights , Wolfgang Benedek

Chicago-Kent Law Review

In view of the massive human rights violations experienced in Kosovo, the reconstruction of society and the final status of the territory have to be based on human rights and minority rights. Besides universal human rights instruments, European regional standards are of particular importance as Kosovo wants to be fully integrated into Europe. The Article identifies the relevant European and international standards and procedures and finds shortcomings with regard to guarantees on economic, social, and cultural rights, which are an indispensable element of human security.

It then compares the role given to human and minority rights in the Constitutional Framework …

Self-Determination Under The Terms Of The 2002 Union Agreement Between Serbia And Montenegro: Tracing The Origins Of Kosovo's Self-Determination , Enver Hasani

Chicago-Kent Law Review

State building of the union between Serbia and Montenegro represents the biggest challenge for peace and stability in the Balkans and beyond, with the issue of an unsettled Kosovo as an everlasting indicator of that challenge. The USM Agreement alone is not enough to produce the desired results. Only an overall, nonterritorial restructuring of Kosovar society along the principles and norms of the rule of law, democracy, and the respect for human and minority rights can produce the desired results. An approach based on new internal territorial divisions, such as the ongoing process of decentralization, can only further exacerbate the …

Some Key Principles For A Lasting Solution Of The Status Of Kosova: Uti Possidetis, The Ethnic Principle, And Self-Determination, Zeinullah Gruda

Chicago-Kent Law Review

Five years after the end of the conflict in Kosova, final status remains an object of discussion. The author elaborates several options that have been proposed by analysts, diplomats, and various forums. The author argues that final status must be based on the factors that influence the creation of states and on the principles behind any democratic and just solution concerning statehood: uti possidetis, the ethnic principle, and the right to self-determination.

The Designation Of "Distinct Population Segments" Under The Endangered Species Act In Light Of National Association Of Homebuilders V. Norton, Katherine M. Hausrath

Chicago-Kent Law Review

The term "distinct population segment" in the Endangered Species Act has no defined scientific meaning. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have jointly promulgated a policy requiring a distinct population segment to be both: (1) discrete and (2) significant. However, the implementation of this policy has led to inconsistent listing decisions and the failure to list distinct populations of species that require protection under the Endangered Species Act. These problems are clearly illustrated in National Association of Homebuilders v. Norton, in which the plaintiffs sued the U.S. Fish and Wildlife Service in district …

Summary Of Nevada Power Co. V. Eighth Judicial District Court Of Nevada, 120 Nev. Adv. Op. 97, Sally L. Galati

Nevada Supreme Court Summaries

Petitioner Nevada Power Company (NPC) filed a writ petition challenging the district court’s jurisdiction over a class action complaint against NPC that alleged deceptive and unfair trade practices, breach of the covenant of good faith and fair dealing, and breach of contract. The two issues facing the Nevada Supreme Court were (1) whether the district court had subjectmatter jurisdiction to entertain a complaint against a public utility for the above causes of action; and (2) if the district court did have jurisdiction over those claims, did the Public Utilities Commission of Nevada (PUC) have primary jurisdiction such that the district …