Digital Commons Network^™

Ambiguous Statutes, Saul Levmore

Public Law and Legal Theory Working Papers

Judge Frank Easterbrook is known for insisting that legislative intent is a misconception, bordering on oxymoron. He has also advanced the idea that legislative bargains should be upheld by courts and that where a legislature leaves a “gap,” courts should be non-activis rather than eager gap-fillers. Still, there are many cases where legislation leaves ambiguities. I suggest that the cause of an ambiguity has some bearing on the best way for a judge to resolve it. Easterbrook decisions, including an Equal Pay Act case, where (unequal) wages were based on prior compensation, are used to reveal various strategies for dealing …

Nra V. City Of Chicago: Does The Second Amendment Bind Frank Easterbrook?, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

In NRA v. City of Chicago, Judge Easterbrook held that the Second Amendment, which protects the right to keep and bear arms, did not bind state governments. This article examines the reasoning that he uses to reach that result, which it contrasts with the style of argumentation that led to the opposite conclusion in Judge O'Scannlain's decision in Norkdye v. King. Easterbrook's approach emphasized the imperative need for lower court deference to the Supreme Court's explicit Reconstruction Era holdings that the Second Amendment does not bind the states, even after the Supreme Court's game-changing decision in District of Columbia V. …

Procd V. Zeidenberg And Cognitive Overload In Contractual Bargaining, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Judge Frank Easterbrook's opinion in ProCD v. Zeidenberg has been heavily criticized for ignoring the law and making unrealistic assumptions about the ability of consumers to read and understand contract terms. This contribution to a symposium on Judge Easterbrook's judicial output argues that the opinion is a classic example of the manipulation of legal doctrine to advance a policy goal— here, enabling sellers to communicate contract terms when buyers' time and attention are limited. Contrary to the conventional wisdom, Judge Easterbrook implicitly assumes that buyers are fallible, not hyperrational; his doctrinal solution persuasively addresses the problem of cognitive overload while …

Assessing Competition Issues In The Amended Google Book Search Settlement, Randal C. Picker

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Where Souls Are Forgotten: Cultural Competencies, Forensic Evaluations, And International Human Rights, Michael L. Perlin, Valerie Mcclain

Articles & Chapters

Cultural competency is critical in criminal forensic evaluations. Cultural competency eschews reliance on stereotype, precluding the mistake of assuming that cultural dictates apply with equal force to all who share a cultural background, thus allowing the forensic examiner to provide a comprehensive picture of the defendant to the factfinder. While raised frequently in death penalty cases, it is equally important to the entire criminal process. Cultural sensitivity in test selection and interview techniques that enhance validity of results are addressed. In a parallel fashion, ratification of the UN Convention on the Rights of Persons with Disabilities has drawn importance to …

A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block

University of Richmond Law Review

No abstract provided.

Animal Law, K. Michelle Welch

University of Richmond Law Review

No abstract provided.

A Historical Basis For Force Requirements In Counterinsurgency, Steven M. Goode

The US Army War College Quarterly: Parameters

No abstract provided.

Quantification Of The Individual Characteristics Of The Human Dentition, L Thomas Johnson, Thomas W. Radmer, Thomas S. Wirtz, Nicholas M. Pajewski, David E. Cadle, James Brozek, Daniel D. Blinka

School of Dentistry Faculty Research and Publications

The considerations for admissibility suggested by the Daubert trilogy challenge forensic experts to provide scientific support for opinion testimony. The defense bar has questioned the reliability of bitemark analysis. Under an award from the U. S. Department of Justice, via the Midwest Forensic Resource Center, a two-year feasibility study was undertaken to quantify six dental characteristics. Using two computer programs, the exemplars of 419 volunteers were digitally scanned, characteristics were measured, and frequency was calculated. The study demonstrates that there were outliers or rare dental characteristics in measurements. An analysis of the intra-observer and inter-observer consistency demonstrated a high degree …

What Should Michigan Be Doing To Promote Long-Run Economic Development?, Timothy J. Bartik

Upjohn Institute Working Papers

This paper argues that Michigan can take cost-effective actions to significantly improve the primary state economic development goal: higher per capita income of Michigan's residents. Higher per capita income of Michigan's residents can be achieved through state policy actions that use cost-effective means to either lower the marginal costs of businesses that expand in the state, or boost the skills of state residents. In this paper, I offer eight ideas for how to lower marginal business costs and boost skills. Four of these ideas focus on lowering marginal business costs. Four other ideas focus on boosting skills. For each of …

Sacred Heart University Fact Sheet - Fall 2009, Office Of Institutional Research

News, Magazines and Reports

No abstract provided.

Juvenile Justice: The Fourth Option, Christopher Slobogin, Mark R. Fondacaro

Vanderbilt Law School Faculty Publications

The current eclectic mix of solutions to the juvenile-crime problem is insufficiently conceptualized and too beholden to myths about youth, the crimes they commit, and effective means of responding to their problems. The dominant punitive approach to juvenile justice, modeled on the adult criminal justice system, either ignores or misapplies current knowledge about the causes of juvenile crime and the means of reducing it. But the rehabilitative vision that motivated the progenitors of the juvenile court errs in the other direction, by allowing the state to assert its police power even over those who are innocent of crime. The most …

The False Promise Of Adolescent Brain Science In Juvenile Justice, Terry A. Maroney

Vanderbilt Law School Faculty Publications

Recent scientific findings about the developing teen brain have both captured public attention and begun to percolate through legal theory and practice. Indeed, many believe that developmental neuroscience contributed to the U.S. Supreme Court’s elimination of the juvenile death penalty in Roper v. Simmons. Post-Roper, scholars assert that the developmentally normal attributes of the teen brain counsel differential treatment of young offenders, and advocates increasingly make such arguments before the courts. The success of any theory, though, depends in large part on implementation, and challenges that emerge through implementation illuminate problematic aspects of the theory. This Article tests the legal …

Cluster Introduction: Education And Pedagogy: Counter-Disciplinarity In The Critical Education Tradition In Latcrit Theory, Marc-Tizoc González

Seattle Journal for Social Justice

No abstract provided.

The Exclusion Of Race From Mandated Continuing Legal Education Requirements: A Critical Race Theory Analysis, Lorenzo Bowman, Tonette Rocco, Elizabeth Peterson

Seattle Journal for Social Justice

No abstract provided.

Policy Networks And The Juvenile Court: The Reform Of Youth Justice, C. 1905-1950, Anne Logan

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

This article examines in detail the construction of government policy for juvenile courts during the first half of the twentieth century. The Children Act 1908 required that criminal charges against children and young persons be heard by a court sitting at a different time or in a different place from the summary court hearings held for adults. Later government legislation (for London, in 1920) and guidance (for the rest of England and Wales) added that children's cases should be dealt with by specially selected justices, specifically chosen for their knowledge and understanding of young people. Drawing on policy networks theory, …

Youth And Crime: Centennial Reflections On The Children Act 1908, Kate Bradley

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

No abstract provided.

Crime Violence And The Modern State Ii May 2009, Herzen State Pedagogical University, St Petersburg, ' Blame, Shame And Culpability', Judith Rowbotham

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

No abstract provided.

More Ignorant And Stupid Than Wilfully Cruel: Homicide Trials And 'Baby-Farming' In England And Wales In The Wake Of The Children Act 1908, Daniel Grey

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

This article examines the impact of the Children Act 1908 on longstanding concerns that foster or informally 'adoptive' parents were uniquely likely to murder the children in their care. Making particular reference to the last two high-profile cases of 'baby-farmers' tried for homicide on the Welsh and English Assize circuits (in 1907 and 1919, respectively) it argues that the infant life protection provisions in the 1908 Act had a dramatic and immediate impact on such prosecutions, removing the automatic presumption of malice in cases where fostered or adopted children died in suspicious circumstances.

Inside The Inner London Juvenile Court, C. 1909-1953, Kate Bradley

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

This article considers the workings of an individual juvenile court – the branch of the Inner London Juvenile Court, which sat at Old Street from 1910 and Toynbee Hall from 1929. It examines the spatial environment of the juvenile court before using data sampled from the court registers between 1910 and 1950 to analyse the progress of children and young people through the court and the strategies used by the magistrates to deal with them. Finally, it looks at the social work backgrounds and connections of the magistrates at this court, the ways in which this impacted upon their practice, …

Easterbrook On Copyright, Randal C. Picker

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Due Process And Targeted Killing Of Terrorists, Richard Murphy, Afsheen John Radsan

Cardozo Law Review

"Targeted killing" is extra-judicial, premeditated killing by a state of a specifically identified person not in its custody. States have used this tool, secretly or not, throughout history. In recent years, targeted killing has generated new controversy as two states in particular - Israel and the United States - have struggled against opponents embedded in civilian populations. As a matter of express policy, Israel engages in targeted killing of persons it deems members of terrorist organizations involved in attacks on Israel. The United States, less expressly, has adopted a similar policy against al Qaeda - particularly in the border areas …

Openline Newsletter, November 2009, Civil Service Council

OpenLine Newsletter

A monthly newsletter for Civil Service employees, Volume XXXIV, Number 5, November 2009.

Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein

Scholarly Works

No abstract provided.

Hall V. State Appellant's Reply Brief Dckt. 35055

Idaho Supreme Court Records & Briefs, All

No abstract provided.

2009 - 2010 University Catalog, Loma Linda University

University Catalog (2005 - present)

Volume 99, Number 1, October 30, 2009

Published once a year, October 30, 2009

Remembering 'The Night Of Broken Glass'

News Releases

No abstract provided.

October 29, 2009, James Madison University

The Breeze, 2000-2009

The Breeze is the student newspaper of James Madison University in Harrisonburg, Virginia.

The Daily Gamecock, Thursday, October 29, 2009, University Of South Carolina, Office Of Student Media

October

No abstract provided.

The George-Anne, Georgia Southern University

The George-Anne

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