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The Forum (Volume 36, Number 5), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Masthead, Volume 5, Number 1, 2006, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume Five, Issue Number One.

Videoconferencing In Immigration Proceedings, Aaron Haas

The University of New Hampshire Law Review

[Excerpt] “When there is mention of a legal trial, a certain picture naturally comes to mind. One sees a judge in his black robe sitting on a raised bench. Lawyers are stationed at tables on either side of the courtroom, prepared to present their arguments to the court. A jury box may sit off to the side, holding a cross-section of citizens culled from the population to perform their ancient duty. The courtroom is made of fine wood and polished marble, and it is adorned with the accouterments of justice—American flags, seals, paintings of honored jurists—which let an observer know …

Masthead, Volume 6, Number 1, 2007, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume Six, Issue Number One.

Gender Matters: Making The Case For Trans Inclusion, Nancy K. Knauer

The University of New Hampshire Law Review

[Excerpt] “The transgender communities are producing an important and nuanced critique of our gender system. For community members, the project is self-constitutive and, therefore, has an immediacy that also marks the efforts of other marginalized groups who have attempted to make sense of the world through description, interrogation, and ultimately a program for transformation. The transgender project also has universalizing elements because, existing within the gender system, each one of us embodies a particular gender articulation. It is through this articulation that we define ourselves in relation to the gender we were assigned at birth, the gender we choose, the …

Table Of Contents, Volume 5, Number 1, 2006, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Five, Issue Number One.

Protecting Parent-Child Relationships: Determining Parental Rights Of Same-Sex Parents Consistently Despite Varying Recognition Of Their Relationship, Linda S. Anderson

The University of New Hampshire Law Review

[Excerpt] “The family and parental relationship appears secure as long as the members of the family stay within the borders of the states that recognize their relationship. What happens, though, when the family ventures beyond the borders of Vermont, Massachusetts, California, and Connecticut, has yet to be determined. Legislation in almost every other state has addressed whether each state will recognize the couples’ relationship,27 but no state has determined how it will treat the legal relationship between the children of these couples and their parents.28 This article will focus on the fragile legal relationship between same-sex parents and their children …

On Conflict Of Human Rights, Xiaobing Xu, George Wilson

The University of New Hampshire Law Review

[Excerpt] “This article supports Gewirth’s view: that is, the reason why utilitarian values such as national security, public safety, public order, public health, and public morality may outweigh human rights is that they contain human rights elements. Thus, as a rule, whenever human rights clash with nonrights value considerations, we should analyze whether they contain human rights elements. If they do, they may override human rights that conflict with them. If they do not, they cannot.”

What Was Taney Thinking? American Indian Citizenship In The Era Of Dred Scott, Frederick E. Hoxie

Chicago-Kent Law Review

Historians have often noted that Chief Justice Taney's decision in Dred Scott juxtaposed a denial of African American rights to citizenship with an assertion that Native Americans could obtain that status. Explaining this apparently inconsistent description of two racial minority groups requires an examination of the history of Native American classification in the law prior to 1857. This article argues that political leaders and judges of Taney's generation were committed to the removal of Indian tribes from eastern states and commonly proposed this removal as a choice between migrating west or dissolving tribal governments in order to remain in the …

Lawyers, Citizens, And The Internal Point Of View, W. Bradley Wendel

Cornell Law Faculty Publications

Imagine two citizens, one of whom obeys the law only in order to avoid being sanctioned for noncompliance, the other of whom looks to the law for guidance, and regards legal directives as legitimate reasons for action in themselves. These two hypothetical citizens represent Oliver Wendell Holmes' metaphorical bad man and H.L.A. Hart's puzzled man, respectively. Both citizens take the law into account in their practical reasoning, but they are concerned with very different kinds of reasons created by law. Hart argues that the bad citizen's point of view is inadequate to capture the law's distinctive normativity. In response, some …

Michelman As Doctrinalist, Gregory S. Alexander

Cornell Law Faculty Publications

Restriction Of Tort Remedies And The Constraints Of Due Process: The Right To An Adequate Remedy, Tracy A. Thomas

Akron Law Faculty Publications

In the recent proliferation of tort reform statutes, the dangerous clause of remedial jurisdiction stripping has sneaked into the law. Reminiscent of federal statutes in other areas of the law, these jurisdictional provisions strip courts of all power to award punitive or non-pecuniary damages in excess of legislative limits. Many states have acted to restrict frivolous claims and excessive recoveries by cabining “McTorts” and “runaway juries.” Regardless of the merits of these policy questions, the use of the simple expedient of remedial jurisdiction to accomplish these purposes raises significant concerns. By arbitrarily restricting an individual’s right to a meaningful remedy, …

Elections And Economic Turbulence In Brazil: Candidates, Voters, And Investors, Tony Spanakos, Lucio R. Renno

Department of Political Science and Law Faculty Scholarship and Creative Works

The relation between elections and the economy in Latin America might be understood by considering the agency of candidates and the issue of policy preference congruence between investors and voters. The preference congruence model proposed in this article highlights political risk in emerging markets. Certain risk features increase the role of candidate campaign rhetoric and investor preferences in elections. When politicians propose policies that can appease voters and investors, elections may have a limited effect on economic indicators, such as inflation. But when voter and investor priorities differ significantly, deterioration of economic indicators is more likely. Moreover, voter and investor …

Punishing Pundits: People V. Dyleski And The Gag Order As Prior Restraint In High-Profile Cases, Michael D. Seplow, Paul L. Hoffman

Loyola of Los Angeles Law Review

No abstract provided.

Where There's Smoke, There's Fire (And Brimstone): Is It Time To Abandon The Clergy-Penitent Privilege, Rena Durrant

Loyola of Los Angeles Law Review

No abstract provided.

Notes From The Underground, Vol.6#5, December, 2006

Newsletters

No abstract provided.

La Responsabilità Dell'intermediario Finanziario Nel Diritto Austriaco Sullo Sfondo Del Diritto Comunitario E Un Suggerimento Al Legislatore Italiano, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Doveri E Responsabilità Degli Amministratori Di S.R.L. In Comparazione Con La Gmbh Tedesca, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Thinking About Law And Policy: Lessons For Lawyers, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

The paper outlines a simplified view of the paradigmatic approaches of the disciplines of law to legal issues and policy analysis to policy issues. It examines the strengths and weaknesses of the inherent biases likely to emanate from each approach when applied to matters of policy advice within Government. It suggests that, when approaching policy issues, those with legal training should be aware of the need to: identify the government’s objective; identifying all relevant policy options; and the need to undertake a broad analysis of all relevant considerations.

"Resolving The Foreshore And Seabed Dispute", Matthew S. R. Palmer

The Hon Justice Matthew Palmer

There has been serious political and legal conflict in New Zealand in recent years between indigenous Maori claims of rights to the foreshore and seabed and the understandings of non-Maori New Zealanders. This book chapter analyses the political leadership provided in this conflict from 1997 to 2005. It applies an approach to leadership developed by Ronald Heifetz which emphasizes the importance of identifying and addressing the real issues underlying a conflict. Applying Heifetz's diagnostic to the foreshore and seabed conflict suggests that the absence of constitutional mechanisms for dealing with the relationships between the Crown, Maori and other New Zealanders …

Internette Ifade Ozgurlugu (Turkish Version), Baris Gunaydin

Baris GUNAYDIN

No abstract provided.

Introduction, Symposium On The People Themselves: Popular Constitutionalism And Judicial Review, Daniel W. Hamilton

Daniel W. Hamilton

No abstract provided.

Popular Constitutionalism In The Civil War: A Trial Run, Daniel W. Hamilton

Daniel W. Hamilton

No abstract provided.

Refusing The Right To Refuse: Coerced Treatment Of Mentally Disabled Persons, Grant H. Morris

Grant H Morris

Under the common law doctrine of informed consent, if a person is competent to understand the risks, benefits, and alternatives to proposed treatment, that person is allowed to decide whether to accept or reject the proposed treatment. Informed consent is not required if the person is incompetent or if an emergency arises that necessitates treatment to save the person’s life.

Nevertheless, various devices are used to deny mentally disordered persons their right to refuse treatment even when they are competent decisionmakers and even when no emergency exists. For example, some courts substitute a “limited due process” model for a “full …

The Confederate Sequestration Act, Daniel W. Hamilton

Daniel W. Hamilton

In the South there was near ideological consensus on the legal basis for seizing Union property during the Civil War. The United States was an enemy belligerent whose property was, at international law, subject to permanent confiscation during war. Through the resort to international law, the Confederacy was able not only to assert its sovereignty, but also to craft a far more rigorous and effective confiscation regime much quicker than their Northern counterparts. U.S. citizens were, at Confederate law, foreigners, and were not due the protections of domestic Confederate constitutional law. U.S. citizens were not traitors or rebels, and in …

Derecho A La Intimidad Y Responsabilidad Civil. El Refuerzo De Los Derechos Fundamentales A Través De Los Remedios Civilísticos, Leysser L. Leon

Leysser L. León

¿Puede la responsabilidad civil cumplir funciones de refuerzo de derechos de la personalidad (derechos fundamentales)? La protección resarcitoria de la intimidad es la clave para analizar el impacto de esta nueva función de una institución del derecho privado que se renueva permanentemente.

The Psychology Behind Case Briefing: A Powerful Cognitive Schema, Leah M. Christensen

Leah M Christensen

Abstract: Why is case briefing so important for first year law students? This article explores the way in which law students learn in the context of case analysis. As new students approach case analysis for the first time, the case brief is an effective “schema” to provide students with a framework within which to analyze a legal opinion. Case briefing does more than simply allow students to pull out the holding of a case; it helps beginning law students organize a legal opinion’s analytical framework accurately and efficiently. This article urges legal educators to consider how the current research on …

Correlation Versus Causality: Further Thoughts On The Law Review/Law School Liaison, Ronen Perry

Ronen Perry

This Essay is the third in a series of articles discussing the relative value of American law reviews, and a response to Professor Alfred Brophy's elaboration of my initial study of the high mathematical correlation between law review quality, as manifested in citation-based measures, and law school reputation. Given my prior interest in the relative value of American law reviews, I have used the abovementioned correlation as a means to explain some of the variance in quality among law reviews. Brophy's empirical findings overlap mine, yet the extent of his analysis, as well as his interpretation and utilization of the …

The Relative Value Of American Law Reviews: Refinement And Implementation, Ronen Perry

Ronen Perry

This Article complements a recently published paper in which I discussed the theoretical and methodological aspects of law review rankings. The purpose of this Article is twofold: refinement of the theoretical framework, and implementation. It proposes, defends, and implements a complex ranking method for general-interest student-edited law reviews, based on a judicious weighting of normalized citation frequency and normalized impact factor. It then analyzes the distribution of journals’ scores, and the diminishing marginal difference between them. Finally, it examines the correlation between law schools’ positions in the U.S. News & World Report 2006 ranking and their flagship law reviews’ positions …

Tort Liability Of Recalcitrant Husbands, Yehiel S. Kaplan, Ronen Perry

Ronen Perry

A Jewish man and a Jewish woman, both residents of the State of Israel, are married in a Jewish religious ceremony. After their relationship encounters difficulties, the woman applies for a divorce in accordance with Jewish law (hereinafter: a Gett). A Rabbinical Court determines that the man has to grant his wife a Gett, but he disobeys the ruling. The Rabbinical Courts (Enforcement of Divorce Rulings) Act, 1995, enables the court to impose various sanctions on the recalcitrant husband but despite the sanctions, or as a result of the court's reluctance to impose them, the man remains recalcitrant. Under these …