Law Commons^™

Voting Rights Act Reauthorization Of 2006: Perspectives On Democracy, Participation, And Power, Christopher Edley, Ana Henderson

Ana Henderson

No abstract provided.

Sports Law: Cases And Materials, Michael Cozzillio, Mark Levinstein, Michael Dimino, Gabe Feldman

Michael R Dimino

No abstract provided.

Delaware Legal Ethics, American Legal Ethics Library, Lawrence Hamermesh, Louise Hill

Louise L Hill

No abstract provided.

Consent To Search Doesn't Come Gift-Wrapped, Timothy O'Neill

Timothy P. O'Neill

A Bank By Any Other Name..., Christian Johnson, George Kaufman

Christian A. Johnson

Race-Bait '08: Lessons Learned From The Political Dirty Dozen, Christopher Edley, David Kirp, Adam Gomolin, Joshua Green, Nina Home, Justin Kidd

Christopher Edley

This report by researchers at UC Berkeley’s Department of Political Science, Goldman School of Public Policy and the Chief Justice Earl Warren Institute on Race, Ethnicity and Diversity at Berkeley Law School offers a first-ever historical review of race-driven campaigning. It dissects “The Dirty Dozen,” laying bare how race became pivotal, either by becoming a visible issue or by insinuation.

The Public Enemy: Eyewitness Experts, Timothy O'Neill

Timothy P. O'Neill

Statement Of Steven L. Chanenson Before The United States Sentencing Commission Regarding Retroactivity Of Crack Guidelines Amendments, Steven Chanenson

Steven L. Chanenson

No abstract provided.

When Is Enough Too Much? The Broadcast Decency Enforcement Act Of 2005 And The Eighth Amendment’S Prohibition On Excessive Fines, Amy Sanders

Amy Kristin Sanders

A New Era For Corporate Law: Using Corporate Governance Law To Benefit All Stakeholders, Kent Greenfield

Kent Greenfield

No abstract provided.

Stakeholder Engagement Strategies For Designating New Zealand Marine Reserves: A Case Study Of The Designation Of The Auckland Islands (Motu Maha) Marine Reserve And Marine Reserves Designated Under The Fiordland (Te Moana O Atawhenua) Marine Management Act 2005, James Mize

James Mize

In recent years, marine reserves (areas of the sea where no fishing is allowed) have enjoyed increased popularity with scientists and agencies charged with management of ocean and coastal resources. Much scientific literature documents the ecological and biological rationale for marine reserves, but scholars note the most important consideration for successful establishment reserves is adequate involvement of the relevant stakeholders in their designation. Current guidance for proponents of marine reserves suggests that to be successful, reserves should be designated using “bottom-up” processes favouring cooperative management by resource-dependent stakeholders, as opposed to “top-down” approaches led by management agencies and international conservation …

Judge Speaks His Mind, Sends A Message, Timothy O'Neill

Timothy P. O'Neill

Rural Utility Cooperative (Ruc) Final Evaulation Report: Alaska Native Tribal Health Consortium (Anthc), R. Konkel

Steve Konkel

The Rural Utility Cooperative (RUC) Final Evaluation is designed to answer several interrelated

questions:

• Is the RUC working as envisioned?

• Is it making an impact in the RUC Communities?

• Are the RUC Communities better off than the Non-RUC communities?

Restating Restitution: A Study In Contemporary Common Law Conceptualism, Chaim Saiman

Chaim Saiman

The ALI’s Restatement (Third) of Restitution provides one of the most interesting expressions of contemporary legal conceptualism. This paper explores the theory and practice of post-realist conceptualism through a review and critique of the Restatement. At the theoretical level, the paper develops a typology of different forms of conceptualism, and shows that the Restatement has more in common with the high formalism of the nineteenth century than with contemporary modes of private law discourse. At the level of substantive doctrine, the paper explains why labels in fact make a difference, and assesses which recoveries are more (and less) likely under …

The Bankruptcy Clause And The Eleventh Amendment: An Uncertain Boundary Between Federalism And State Sovereignty, Daniel Austin

Daniel A. Austin

This Article will examine the conflict between the Bankruptcy Code and state sovereignty. The Article shows that while state substantive law is extensively incorporated into federal bankruptcy law, the Bankruptcy Code prevails over state sovereign immunity when applying bankruptcy law. In other words, under the present judicial regime, the Bankruptcy Code presents a glaring exception to the otherwise firm rule of state sovereignty.

Part I examines the Bankruptcy Clause and several national bankruptcy statutes, including the current Bankruptcy Code. This discussion includes an explanation of how the Bankruptcy Clause sits within the framework of the Supremacy Clause. Part II discusses …

Approach To Sentencing Needs Mitigation, Timothy O'Neill

Timothy P. O'Neill

Whither Pakistan’S Charter Of Democracy?, Anil Kalhan

Anil Kalhan

No abstract provided.

The Eighth Amendment, The Death Penalty And Ordinary Robbery-Burglary Murderers: A California Case Study, Steven Shatz

Steven F. Shatz

A Stark New Cabal On The Supreme Court, Timothy O'Neill

Timothy P. O'Neill

Reparations: A Remedies Law Perspective, Darren Hutchinson

Darren L Hutchinson

This article provides a general overview of reparations discourse in the United States and offers suggestions concerning how advocates of reparations might frame their claims. The author discusses how remedies law might be a useful means of redress for litigants and examines some of the political and legal barriers to reparations in the United States. The barriers include the failure of opponents to treat remedies for gross human rights or civil rights deprivations as a public good, rather than as a series of private transactions that benefit or burden individuals. The author ultimately sets the litigation model aside as providing …

Privatizing Bans On Abortion: Eviscerating Constitutional Rights Through Tort Remedies, Maya Manian

Maya Manian

State governments have devised a new means to evade the Constitution. Their new means is to enact tort statutes that, in effect, ban constitutionally protected conduct. In particular, some states have made the provision of an abortion a tort for which there can be no defense and no cap on the amount of liability. These states have made performing an abortion essentially illegal. Yet, because tort statutes are enforced through private litigation, rather than public prosecution, a number of courts have held that they lack jurisdiction to review these laws. Federal courts have concluded that standing doctrine and state sovereign …

The Power And Reasoning Of 'Lockstep', Timothy O'Neill

Timothy P. O'Neill

Freakonomics And The Tax Gap: An Applied Perspective, Leslie Book

Leslie Book

Over the past thirty years, a significant amount of research from a variety of social science disciplines has considered tax compliance. Economists, psychologists, and sociologists have contributed to the discussion, offering research and, at times, conflicting explanations regarding whether a person is likely to comply with his obligation to file an accurate tax return. The unifying theme among this research is a search for explanatory reasons which are the factors that lead to non-compliance. In broad terms, the economic models of tax compliance assume rational behavior, and that people will coldly consider compliance from the perspective as to whether the …

Silence Is Not Always Golden In Medical Decision-Making, Michael Moreland

Michael P. Moreland

No abstract provided.

Musharraf’S Global War On Journalism, Anil Kalhan

Anil Kalhan

No abstract provided.

Federal Cocaine Sentencing In Transition, Steven Chanenson, Douglas Berman

Steven L. Chanenson

No abstract provided.

Miranda Pushed 'Voluntariness' To The Background, Timothy O'Neill

Timothy P. O'Neill

Stepping Out Of The Brain Drain: Applying Catholic Social Teaching In A New Era Of Migration, Michele Pistone

Michele R. Pistone

No abstract provided.

The Constitution: Puzzling Or Mysterious?, Timothy O'Neill

Timothy P. O'Neill

Can And Will Information Spur Post-Modern Setencing Reforms?, Steven Chanenson, Douglas Berman

Steven L. Chanenson

No abstract provided.