Digital Commons Network^™

Gutierrez V. Atty Gen Usa

2005 Decisions

USDC for the District of New Jersey

Panther - March 2005 - Vol. Lxxxiii No. 21, Prairie View A&M University

PV Panther Newspapers

No abstract provided.

University Of New Mexico Board Of Regents Minutes For March 14, 2005, University Of New Mexico Board Of Regents

Board of Regents Meeting Minutes

Minutes of the March 14, 2005 Board of Regents Meeting

Counselor, Vol. 25, No. 28, March 14, 2005, New York Law School

New York Law School Community Newsletter

No abstract provided.

The Statesman, V. 48a, I. 13, Stony Brook University

Stony Brook Statesman-Sucolian

v. 48A, i. 13

Minutes, Juvenile Welfare Board, March 10, 2005, John Milford

Juvenile Welfare Board Agendas, Minutes, and Historical Audits

Minutes from the March 10, 2005, meeting of the Juvenile Welfare Board.

Central Florida Future, Vol. 37 No. 49, March 7, 2005

Central Florida Future

Men punch NCAA return ticket; Landmarks to tumble?; Senate scales back travel expenses for school clubs; Etiquette tips teach students do's don’t's.

Institutions, Incentives, And Consumer Bankruptcy Reform, Todd Zywicki

George Mason University School of Law Working Papers Series

Consumer bankruptcy filing rates have soared during the past 25 years. From 225,000 filings in 1979, consumer bankruptcies topped 1.5 million during 2004. This relentless upward trend is striking in light of the generally high prosperity, low interest rates, and low unemployment during that period. This anomaly of ever-upward bankruptcy filing rates during a period of economic prosperity had spurred calls to reform the Bankruptcy Code to place new conditions on bankruptcy relief. Although bankruptcy reform has drawn broad bipartisan support on Capitol Hill, these proposals have proven controversial within the academy. Critics have argued that these reforms are unnecessary …

Mario Monti’S Legacy For Competition Policy In Article 82, Claus-Dieter Ehlermann, John Ratliff

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

Commissioner Mario Monti’s impact on Article 82 of the EC Treaty during his period as EC Competition Commissioner has not been as revolutionary as his impact on other areas of EC competition law. Nonetheless, the European Commission has done serious work on Article 82 cases, notably taking several important decisions: Microsoft in the area of refusal to supply and tying and Michelin II on rebates. The European Court of Justice (ECJ) and the Court of First Instance (CFI) have also made important contributions to the law on Article 82 with their judgments in IMS Health and in appeals from these …

Adr: The New Equity, Thomas O. Main

ExpressO

This article joins an important conversation about the proper role of alternative dispute resolution (“ADR”) in the administration of civil justice. Both ADR and formal adjudication are being reconceptualized as ADR matures into an alternative system, and as ADR methods and methodology are incorporated into formal adjudication. Professor Main invokes the history of Equity, another “alternative” system, to inform our understanding of the forms and limits of ADR. He envisions ADR and formal adjudication as dual systems of dispute resolution, and uses the Equity analogue as a template to develop a theory of ADR.

20th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 20th Annual Environmental Law Institute held by UK/CLE in March 2005.

Civil Legal Needs Of Individuals In Drug Treatment, Ellen M. Weber, Rachel C. Grunberger, Kevin E. O'Grady, Amelia M. Arria

Faculty Scholarship

No abstract provided.

The Pro Se Phenomenon, Drew A. Swank

Brigham Young University Journal of Public Law

No abstract provided.

Playing Peekaboo With Constitutional Law: The Pcaob And Its Public/Private Status, Donna M. Nagy

Notre Dame Law Review

Ambiguity aversion is a person's rational attitude towards the indeterminacy of the probability that attaches to his future prospects, both favorable and unfavorable. An ambiguity-averse person increases the probability of the unfavorable prospect, which is what criminal defendants typically do when they face a jury trial. The prosecution is not ambiguity averse. Being a repeat player interested in the overall rate of convictions, it can depend upon any probability, however indeterminate it may be. The criminal process therefore is systematically affected by asymmetric ambiguity aversion, which the prosecution can exploit by forcing defendants into harsh plea bargains. Professors Segal and …

Self-Government Before The Judiciary And A First Amendment Standard That Protects The Content Of Courtroom Argument, Liam Braber

First Amendment Law Review

No abstract provided.

Other People's Money: The Ethics Of Litigation Funding, Douglas R. Richmond

Mercer Law Review

Litigation can be expensive, sometimes incredibly expensive. There are investigators to employ, expert witnesses to compensate, court reporters to pay, documents to photocopy or electronically image, travel expenses, demonstrative evidence to create, and so on. An attorney's time itself is valuable. A party's time is also valuable, and plaintiffs who are disabled as a result of injuries they have sustained may need money to live on. As a result, a wealthy litigant, who can outspend a poorer litigant, is generally at an advantage and may be able to obtain a favorable settlement through attrition.

The Judicial Nominations Wars, William P. Marshall

University of Richmond Law Review

No abstract provided.

Pierce The Privilege Or Give 'Em Shelter? The Applicability Of Privilege In Tax Shelter Cases, Shane Jasmine Young

Nevada Law Journal

No abstract provided.

A Meaningful Criminal Justice System For The Future—An English Perspective, Baroness Scotland Of Asthal Qc

Mercer Law Review

The Fourth Annual John E. James Distinguished Lecture
Walter F. George School of Law
Mercer University
Macon, Georgia, September 21, 2004

The In-House Two-Year College Legal Counsel, Michael W. Simpson

Essays in Education

Two-year colleges have many options in obtaining legal services. This study examined one such option: the in-house legal counsel. College boards and administrators need to understand who the in-house counsel are, what role they play, and what they do in order to use and manage college legal affairs.

In Memoriam: Norval Morris (1923-2004), James B. Jacobs, James R. Coldren Jr., Franklin E. Zimring, Kathleen Hawk Sawyer, Albert W. Alschuler

University of Chicago Law Review

No abstract provided.

The Search And Seizure Of Privileged Attorney-Client Communications, Eric D. Mcarthur

University of Chicago Law Review

No abstract provided.

Performance Based Service Acquisition: A Quantitative Evaluation Of Implementation Goals And Performance In The United States Air Force, Dylan D. Pope

Theses and Dissertations

In an attempt to maximize cost savings in the rapidly growing services sector, the DoD established a Performance Based Service Acquisition (PBSA) strategy that focuses on evaluating contractor performance based on their ability to meet desired outcomes rather than the means to which the outcomes are obtained. In April 2000, Dr. Gansler, then Under Secretary of Defense for Acquisition, Technology and Logistics, mandated that 50 percent of all eligible service acquisitions be awarded using PBSA methods by FY 2005. Since then very little research has been focused on USAF implementation of PBSA and the progress and attainment of the PBSA …

Hard Law Firms And Soft Law Schools, Robert M. Lloyd

North Carolina Law Review

No abstract provided.

Effectively Ineffective: The Failure Of Courts To Address Underfunded Indigent Defense Systems, Lauren D. Sudeall

Vanderbilt Law School Faculty Publications

This notice was posted in a Covington, Kentucky, courthouse in the late 1980s, in the hope that a lawyer might be found to defend the pending capital case of Gregory Wilson. In Covington, the statutory limit on funding for defense counsel in capital cases was $2500 and the local indigent defense program could not find a lawyer willing to defend the case for such a paltry sum. When the head of the indigent defense program asked the judge to order additional compensation to secure a defense lawyer, "the judge refused and suggested that the indigent defense program rent a river …

Will The Independent Director Institution Work In China, Sibao Shen, Jing Jia

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Need For An Innocence Network In Texas., Matthew D. Sharp

The Scholar: St. Mary's Law Review on Race and Social Justice

Texas must establish an innocence network to ensure crime lab accountability standards are enforced. The multitude of crime lab scandals around the United States demonstrate why the current system of accountability, self-policing, should be reimagined as one more similar to that of a manufacturer and a consumer. Like manufacturers, crime labs are in the best position to ensure the accuracy of any results. Reshaping the system of accountability in this way would ensure that those responsible for handling evidence, handle it with the utmost care and provide accurate results. Innocence Projects generally adhere to one of three different organizational paradigms. …

Volume 29, No. 5

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Shawn Tock, Jonathon Krashinsky, Michael Shalke, Nate Russell

Photo Editor: Mark Dunsmuir

Farmington Mainstreet: Preliminary Market Analysis For Proposed Farmington Municipal Redevelopment Areas, Jeffrey Mitchell

BBER Publications

A preliminary market analysis of Farmington, New Mexico as a market center for San Juan County and the Four Corners region. Data tables illustrating demographic and economic characteristics of area residents and regional retail sales pull factors are included.

Bougainville Community Crime Trends: A Survey Of Crime In Arawa And Buka, Mark Findlay, Gerard Guthrie, Fiona Hukula, James Laki

Research Collection Yong Pung How School Of Law

The fundamental difference in the role of the state in the recent histories of Arawa and Buka is critical to understanding community attitudes to crime and policing. In Arawa, the state was entirely absent for over 10 years during the civil war and community-based agencies provided the sole source of authority and social control. In Buka, the state remained in control in difficult circumstances. The peace process was based around indigenous dispute resolution techniques and now a role for the state is being gradually reintroduced into post-conflict Bougainville, including of policing services to Arawa. The differences in the recent histories …