Digital Commons Network^™

The Next Los Angeles: The Struggle For A Livable City, Regina Freer, Robert Gottlieb, Mark Vallianatos, Peter Dreier

Mark Vallianatos

While most historians, journalists, and filmmakers have focused on Los Angeles as a bastion of corporate greed, business boosterism, political corruption, cheap labor, exploited immigrants, and unregulated sprawl, The Next Los Angeles tells a different story: that of the reformers and radicals who have struggled for alternative visions of social and economic justice. In a new preface, the authors reflect on the gathering momentum of L.A.'s progressive movement, including the 2005 landslide victory of Antonio Villaraigosa as mayor.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Legal Interoperability Issues In International Cooperation Measures To Secure The Maritime Commons, Craig Allen

Books

Contains papers submitted at a workshop sponsored by the William B. Ruger Chair of National Security Economics, Newport, Rhode Island 6-8 November, 2006.

Mayer, Brown, Rowe & Maw, Michele Villagran

Faculty Publications

Mayer, Brown, Rowe & Maw is one of the nation’s largest corporate law firms with offices in seven US cities and eight cities overseas. The firm, founded in 1881, has headquarters in Chicago, with offices in New York, Los Angeles, Houston, Charlotte, Washington D.C. and Palo Alto. Overseas offices are in London, Paris, Brussels, Berlin, Frankfurt, Cologne, Shanghai and Beijing. The firm has more than 1300 attorneys and 566 partners. We spoke with Michelle Lucero, Legal Information Manager and Director of the Houston Office.

Environmental Justice, Community Empowerment, And The Role Of Lawyers In Post-Katrina New Orleans, Janell Smith, Rachel Spector

City University of New York Law Review

Working together toward a common goal often requires mobilizing the strength and energy of many groups of people, all of whom share the same passion for accomplishing that goal. Hurricane Katrina and its devastating effect on the environment and communities in New Orleans and the Gulf Coast has done exactly that, bringing together numerous coalitions of concerned individuals who share the determination to clean up and improve New Orleans and the Gulf region. This Article addresses how lawyers from around the country can work with local advocates on reconstruction efforts in New Orleans in a way that increases, rather than …

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Full Volume 82: The Law Of War In The 21st Century: Weaponry And The Use Of Force

International Law Studies

No abstract provided.

Regulating Public Morals And Private Markets: Online Securities Trading, Internet Gambling And The Speculation Paradox, A. Christine Hurt

Faculty Scholarship

No abstract provided.

To Carry It On: A Decade Of Deaning After Haywood Burns, Kristin Booth Glen

City University of New York Law Review

No abstract provided.

How Clark V. Arizona Imprisoned Another Schizophrenic While Signaling The Demise Of Clinical Forensic Psychology In Criminal Courts, Henry F. Fradella

City University of New York Law Review

No abstract provided.

The Rehnquist Court And The "Turnerization" Of Prisoners' Rights, James E. Robertson

City University of New York Law Review

No abstract provided.

Of Fine Lines, Blunt Instruments And Half-Truths: Business Acquisition Agreements And The Right To Lie, Jeffrey M. Lipshaw

ExpressO

In this article, I expand upon a happy coincidence (for scholars) in reconciling the overlap between contract and fraud. Both the recent book by Ian Ayres and Gregory Klass and the Delaware Court of Chancery in Abry Partners Acquisition V, L.P. v. F& W Acquisition, LLC addressed the issue of promissory fraud – the making of a contract as to which the promisor had no intention of performing. Each treatment, however, in focusing on fraudulent affirmative representations, falls short of (a) recognizing the fundamental aspect of deceptive promising in a complex deal, namely the half-truth, (b) articulating an appropriate doctrinal …

Signed, Sealed, Delivered, And ?: The Correlation Between Policy Areas, Signing, And Legal Ratification Of Organization Of American States’ Treaties By Member States., Alexandra R. Harrington

ExpressO

Abstract: Signed, Sealed, Delivered, and ?: The Correlation Between Policy areas, Signing, and Legal Ratification of Organization of American States’ Treaties by Member States.

Like any organization, the Organization of American States’ ability to affect lasting policy changes through treaties is only as strong as the will of the federal legislative bodies of its member states. No matter how lofty or well-meaning the OAS’s goals in any area or matter addressed by a treaty, or the number of OAS member states which sign onto a treaty reflecting these goals, under the OAS Charter, and the federal constitutions of most member …

When Teaching Sports, Teach Citizenship As Well, Douglas E. Abrams

Faculty Publications

No abstract provided.

Science Fiction And Shed Dna, D. H. Kaye

NULR Online

No abstract provided.

Neutral Citation, Court Web Sites, And Access To Case Law, Peter W. Martin

Cornell Law Faculty Publications

In 1994 the Wisconsin Bar and Judicial Council together urged the Wisconsin Supreme Court to take two dramatic steps with the combined aim of improving access to state case law: 1) adopt a new system of neutral citation and 2) establish a digital archive of decisions directly available to all publishers and the public. The recommendations set off a storm, and the Wisconsin court deferred decision on the package. In the years since those events, the background conditions have shifted dramatically. Neutral citation has been endorsed by the AALL and ABA and formally adopted in over a dozen states, including …

Harmonizing Preferential Rules Of Origin In The Wto System, John J. Barceló Iii

Cornell Law Faculty Publications

Preferential arrangements (bilateral and multilateral free trade areas and GSP systems (preferences for developing countries)) are emerging everywhere in the world trading system and are causing concern because they discriminate against non-members and add complexity, distortions and inconsistency to the global system. Rules of origin (ROOs) linked to these arrangements are a significant part of the problem. More and more they have become the source in their own right of distortions in trade patterns, complexity, non-transparency and inconsistency. This essay argues that WTO members should authorize negotiations seeking to harmonize preferential ROOs (rules of origin linked to preferential arrangements) around …

Constructing Class Action Reality, Debra Lyn Bassett

BYU Law Review

No abstract provided.

Justice Ginsburg's Fiduciary Loophole: A Viable Achilles' Heel To Hmos' Impenetrable Erisa Shield, Charlotte Johnson

BYU Law Review

No abstract provided.

2006 Graduation And Hooding Ceremony For Juris Doctor Graduates, Nova Southeastern University

NSU Commencement Programs

No abstract provided.

New Differences Between Negligence And Strict Liability And Their Implications On Medical Malpractice Reform, Noam Sher

ExpressO

The present article seeks to explore previously undiscussed differences between the negligence and strict liability rules and thereby examine the required medical liability reform, if such reform is indeed required. Our main thesis is that negligence as a basis for liability entails a unique mechanism, which is essentially different than the strict liability mechanism, and is more efficient for several reasons, related to the legal function of resolving partial information problems which cause partial failure in the healthcare market. Among other things, the negligence mechanism (1) motivates the parties to a potential damages claim to invest in information gathering; (2) …

Realism And Transnationalism: Competing Visions For International Security, Nathan A. Canestaro

ExpressO

This paper is a multidisciplinary study of two competing theories of states’ motives and behavior in international relations, realism and transnationalism. The first theory, realism, suggests that states are constantly competing for security and power within an anarchical international system incapable of preventing aggression or conflict. A competing philosophy, transnationalism, (also known as liberalism) suggests that cooperation, not competition, is the defining characteristic of international relations and that democratization and global economic interdependence reduce the benefits of interstate conflict and encourage long-term cooperation.

This paper seeks to explain the apparent disparity of states competing for power in security matters while …

Brief Of Amicus Curiae, The National Legislative Association On Prescription Drug Prices, The New Hampshire Medical Society, And Prescription Policy Choices In Support Of Defendant's Objection To Plaintiff's Motion For Preliminary Injunction, Sean Flynn

Amicus Briefs

Plaintiffs in this case seek a preliminary injunction to prevent the enforcement of the New Hampshire Prescription Confidentiality Act, which protects consumers and the privacy interests of doctors in the state of New Hampshire from the increasingly common practice of using doctor-identifying information in prescription records to facilitate targeting of pharmaceutical marketing and gifts toward doctors who prescribe the most expensive drugs for their patients. This practice raises drug costs for all New Hampshire residents and compromises the professional autonomy of doctors. This brief addresses the failure of the plaintiffs to show that they are likely to succeed on the …

Optimal Tax Compliance And Penalties When The Law Is Uncertain, Kyle D. Logue

Law & Economics Working Papers Archive: 2003-2009

This Article examines the optimal level of tax compliance and the optimal penalty for noncompliance in circumstances in which the tax law is substantively uncertain – that is, when the precise application of the Internal Revenue Code to a particular situation is not clear. In such situations, two interesting questions arise: First, as a normative matter, how certain should a taxpayer be before she relies on a particular interpretation of a substantively uncertain tax rule? That is, if a particular position is not clearly prohibited, but neither is it clearly allowed, under the tax law, what is the appropriate threshold …

Restoring The Right Constitution?, Eduardo M. Peñalver

Cornell Law Faculty Publications

After years of relative neglect, the past few decades have witnessed a dramatic renewal of interest in the natural law tradition within philosophical circles. This natural law renaissance, however, has yet to bear much fruit within American constitutional discourse, especially among commentators on the left. In light of its low profile within contemporary constitutional debates, an effort to formulate a natural law constitutionalism is almost by definition an event worthy of sustained attention. In "Restoring the Lost Constitution," Randy Barnett draws heavily upon a natural law theory of constitutional legitimacy to argue in favor of a radically libertarian reading of …

Taxes And Competitiveness, Michael S. Knoll

All Faculty Scholarship

Around the world, the tax laws are shaped by concerns with competitiveness. This paper provides a general theory of how taxes impact competitiveness. As part of that theory, this paper also introduces the concept of tax-based competitiveness neutrality. A tax system is competitively neutral when taxes do not cause competitors to change their relative valuations of any investments. This paper then uses that theory to evaluate tax policy in two high profile and important areas. The paper begins by describing two models of competitiveness, called the conduit or new money model and the investor or old money model. The central …

Vive La Difference? A Critical Analysis Of The Justification Of Sex-Dependent Workplace Restrictions On Dress And Grooming, Patrick S. Shin

Suffolk University Law School Faculty Works

How is it possible that sex-specific workplace dress and appearance codes do not constitute sex discrimination? I argue in this article that the general doctrines of employment discrimination law do not themselves provide a principled basis for distinguishing sex-dependent workplace dress codes from other kinds of policies that would clearly count as sex discrimination, and that supplementary strategies that courts have used to carve out dress and grooming codes as an area of separate concern are either inconclusive or question-begging. I then consider whether the courts' seemingly sui generis approach to sex-dependent restrictions on dress and grooming can be justified …

Law And Public Policy Support Lockyer's Suit Against Auto Manufacturers For Co2 Emissions, Clifford Rechtschaffen, Sean B. Hecht

Publications

Controversy has followed Attorney General Bill Lockyer’s decision earlier this fall to sue the six largest automakers, alleging that car emissions constitute a public nuisance because they contribute to global warming. Some even have dismissed the lawsuit as election year grandstanding. To the contrary, the Attorney General should be applauded for creatively using a venerable legal tool to protect California’s environment and to plug a gaping hole left by federal failures in this area.

Legal Reform In Contemporary Japan, Eric Feldman

All Faculty Scholarship

In this chapter I offer a preliminary assessment of a quickly moving target—legal reform and its impact on rights in Japan. Although a broad consensus has emerged among interested parties that at least some degree of reform is desirable, there is significant disagreement about the goals of reform, and also about the likelihood that it will achieve certain objectives. Some commentators believe that the Japanese legal system is on the cusp of a “revolution” that will shore up long-neglected rights and create new entitlements. Others predict that the consequences of reform will be modest; and they despair that aggrieved individuals …