Digital Commons Network^™

Liberalism And Ability Taxation, David Hasen

Publications

Recent tax scholarship has embraced the idea of individual endowment taxation, or taxation of human abilities, as an approach to ideal tax theory. Under endowment taxation, individuals are taxed according to their native abilities to command resources, rather than according to any actual index of goods or expenditures, such as income, consumption, or wealth, that otherwise might be thought relevant to the assignment of tax burdens. This Article argues that endowment taxation is incompatible with political theories that might broadly be described as "liberal," to the extent such theories support redistribution. It also argues that limited forms of endowment taxation …

Students And Workers And Prisoners - Oh, My! A Cautionary Note About Excessive Institutional Tailoring Of First Amendment Doctrine, Scott A. Moss

Publications

First Amendment free speech doctrine has been called "institutionally oblivious" for ignoring how different institutions present different legal questions. This Article analyzes a little-discussed phenomenon in the growing literature about institutional context in constitutional law. With certain institutions, the situation is not institutional obliviousness but the opposite: extreme institutional tailoring of speech doctrine. The burden of proof ordinarily is on the government to justify speech restrictions, but in three institutions--public schools, workplaces, and prisons--courts allow heavy speech restrictions and defer to government officials. Even if these institutions need to restrict speech unusually often, why do we need different doctrine--institutionally tailored …

The Anxiety Of The Law Student At The Socratic Impasse - An Essay On Reductionism In Legal Education, Pierre Schlag

Publications

No abstract provided.

"Remarkable Stratagems And Conspiracies": How Unscrupulous Lawyers And Credulous Judges Created An Exception To The Hearsay Rule, Marianne Wesson

Publications

This paper, a companion piece to the author's earlier exploration of the case of Mutual Life Insurance Company v. Hillmon, describes the remarkable record of unethical conduct compiled by the eminent and respectable attorneys for the insurance companies in the course of that litigation. When married with the Supreme Court Justices' uncritical willingness to accept the false narrative thus contrived, these attorneys' misconduct led to the creation of an important rule of evidence - a rule of questionable merit. This article aims to remind us that lawyers who are willing to distort the process of litigation have the power …

A Domestic Right Of Return?: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss

Publications

This article begins with a critical account of what occurred in the aftermath of Hurricane Katrina. This critique serves as the backdrop for a discussion of whether there are international laws or norms that give poor, black Katrina victims the right to return to and resettle in New Orleans. In framing this discussion, this article first briefly explores some of the housing deprivations suffered by Katrina survivors that have led to widespread displacement and dispossession. The article then discusses two of the chief barriers to the return of poor blacks to New Orleans: the broad perception of a race-crime nexus …

Documents, Leaks, And The Boundaries Of Expression: Government Whistleblowing In An Over Classified Age, Susan Nevelow Mart

Publications

No abstract provided.

Guerilla Terms, Peter A. Alces

Faculty Publications

No abstract provided.

Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green

Faculty Publications

In this review essay, Professor Michael Steven Green argues that Dworkin's reputation among his fellow philosophers has needlessly suffered because of his refusal to back down from his "semantic sting" argument against H. L. A. Hart. Philosophers of law have uniformly rejected the semantic sting argument as a fallacy. Nevertheless Dworkin reaffirms the argument in Justice in Robes, his most recent collection of essays, and devotes much of the book to stubbornly, and unsuccessfully, defending it. This is a pity, because the failure of the semantic sting argument in no way undermines Dworkin's other arguments against Hart.

Metabranding And Intermediation: A Response To Professor Fleischer, Laura A. Heymann

Faculty Publications

No abstract provided.

Congress, The Supreme Court, And Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy By Placing Limits On Federal Court Jurisdiction, Neal Devins

Faculty Publications

No abstract provided.

A Defense Of The Authority Of Church Doctrine, Nathan B. Oman

Faculty Publications

No abstract provided.

Why Pension Funding Matters, Eric D. Chason

Faculty Publications

No abstract provided.

Constitutional Avoidance And The Roberts Court, Neal Devins

Faculty Publications

No abstract provided.

Water Resources Year In Review - Winter 2007, Vol. 20, No. 2, Annis Water Resource Institute

AWRI Reviews

No abstract provided.

The Much Maligned 527 And Institutional Choice, Lloyd Hitoshi Mayer

Journal Articles

The continuing controversy over 527 organizations has led Congress to impose extensive disclosure requirements on these political organizations and to consider imposing extensive restrictions on their funding as well. The debate about what laws should govern these entities has, however, so far almost completely ignored the fact that such laws raise a complicated institutional choice question.

This Article seeks to resolve that question by developing a new institutional choice framework to guide this and similar choices. The Article first explores the context for making this determination by describing the current laws governing 527s, including both federal election laws administered by …

Review Of Kant And The Ethics Of Humility: A Story Of Dependence, Corruption And Virtue By Jeanine Grenberg, Philip J. Rossi

Theology Faculty Research and Publications

No abstract provided.

Theology From A Fractured Vista: Susan Neiman’S Evil In Modern Thought, Philip J. Rossi

Theology Faculty Research and Publications

Evil in Modern Thought, Susan Neiman's account of the intellectual trajectory of modernity, employs the trope “homeless” to articulate deep difficulties that affirmations of divine transcendence and of human capacities to acknowledge transcendence face in a contemporary context thoroughly marked by fragmentation, fragility, and contingency. The “hospitality” of the Incarnation, which makes a fractured world a place for divine welcoming of the human in all its contingency and brokenness, is proposed as locus for theological engagement with Neiman's appropriation of a Kantian sense of hope as the readiness to resist evil in a world seemingly bereft of welcome.

Finite Freedom, Fractured And Fragile: Kant's Anthropology As Resource For A Postmodern Theology Of Grace, Philip J. Rossi

Theology Faculty Research and Publications

No abstract provided.

Love Your Enemies: Toward A Christoform Bioethic, M. Therese Lysaught

Theology Faculty Research and Publications

No abstract provided.

Love And Liturgy, M. Therese Lysaught

Theology Faculty Research and Publications

No abstract provided.

Social Justice: Does Who Christ Is Matter?, Thomas Hughson

Theology Faculty Research and Publications

No abstract provided.

Jurisdictionality And Bowles V. Russell, Scott Dodson

Faculty Publications

On June 14, 2007, the Supreme Court decided Bowles v. Russell, a case watched primarily by procedure geeks but one which may have enormous impact for courts and litigators. It addressed a ubiquitous but confusing question of jurisdictional characterization: when is a limitation “jurisdictional,” and when is it not? Litigators encounter these questions all the time in statutory coverage issues, in time limitations, and in a host of other preconditions. Whether a particular limitation is jurisdictional or not can be an important question, for jurisdictional limitations are not subject to waiver or equitable exceptions, may be raised at any time, …

Federalism Doctrines And Abortion Cases: A Response To Professor Fallon, Anthony J. Bellia Jr.

Journal Articles

This Essay is a response to Professor Richard Fallon's article, If Roe Were Overruled: Abortion and the Constitution in a Post-Roe World. In that article, Professor Fallon argues that if the Supreme Court were to overrule Roe v. Wade, courts might well remain in the abortion-umpiring business. This Essay proposes a refinement on that analysis. It argues that in a post-Roe world courts would not necessarily subject questions involving abortion to the same kind of constitutional analysis in which the Court has engaged in Roe and its progeny, that is, balancing a state's interest in protecting life against a pregnant …

Undergraduate Adult Children Of Alcoholics And Choosing A College Major, Sara L. Schaller

Masters Theses

This study examined the career decision-making experiences of undergraduate students who were classified as "undecided" in their majors and who qualified as adult children of alcoholics using the Children of Alcoholic Screening Test (Pilat & Jones, 1984). Through basic interpretative qualitative research, this study examined the decision-making experiences of adult children of alcoholics as they choose a major.

Results of this study were limited based on participation; however, three undergraduate females did share their experiences regarding family alcoholism and choosing a major. Only one participant discussed the impact of her family alcoholism on her decision of choosing a college major. …

The Role Of Real Exchange Rate On Output And Trade Balance: Evidence From Ethiopia, Daniel Getachew Ayele

Masters Theses

This paper examines the role of exchange rates in determining the trade balance and output behavior for Ethiopia. Conventional wisdom says that a real devaluation improves the trade balance and has an expansionary impact on output. Empirically, the evidence for both developed and developing countries has been inconsistent in either rejecting or supporting this hypothesis. This paper attempts to find evidence for these conditions. It uses a regression model formulation which includes income and money so that the monetary and absorption approaches to the balance of payments are also examined. The econometric procedure used is the Engle-Granger two-step method to …

Jefferson Alumni Bulletin – Volume 56, Number 1, Winter 2007

The Bulletin (formerly the Jefferson Medical College Alumni Bulletin)

Jefferson Alumni Bulletin – Volume 56, Number 1, Winter 2006 Dean’s Column: The One Hundred and One Fund; Page 2 Findings: Gleevec Revisited, Less Radiation Effective in Fighting Brain Tumors Saving Hearing, High Glucose before Surgery Increases Risk of Complications, Prognosis Indicates “Dachshund” Gene Reverts Cancer Genes to Normal; Page 4 On Campus; Page 8 Leaders Among Us; Page 14 Jefferson Gala; Page 24 In Memoriam; Page 26 Class Notes; Page 28 By The Numbers: Jefferson Leads the Way; Page 33

Comparative Law And State-Building: The Organic Minimalist Approach To Legal Reconstruction, Dan E. Stigall

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Are All Forms Of Joint Crime Really Organized Crime: On The New Israeli Combating Criminal Organizations Law And Parallel Legislation In The U.S. And Other Countries, Boaz Sangero

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

True Fiction: Competing Theories Of International Legal Legitimacy And A Court's Battle With Ratione Temporis, T. Russell Gibson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Book Review: "Magical Progeny, Model Technology: A Hindu Bioethics Of Assisted Reproductive Technology", Harold Coward

Journal of Hindu-Christian Studies

A review of Magical Progeny, Model Technology: A Hindu Bioethics of Assisted Reproductive Technology by Swasti Bhattacharyya.