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Articles 1 - 5 of 5
Full-Text Articles in Law
Automatic And Indefinite Commitment Of Insanity Acquittees: A Procedural Straitjacket, John B. Scherling
Automatic And Indefinite Commitment Of Insanity Acquittees: A Procedural Straitjacket, John B. Scherling
Vanderbilt Law Review
This Recent Development suggests that the Court erroneously decided Jones. Part II examines the Supreme Court's constitutional analysis of commitment procedures and discusses postacquittal commitment in state and lower federal courts. Part III analyzes the Jones decision and the exception that it allows for the commitment of insanity acquittees. Part IV contends that prior to involuntary and indefinite commitment an insanity acquittee deserves the same standard of proof as a civil commitment candidate-proof of mental illness and dangerousness by clear and convincing evidence. Part IV also argues that absent proof by clear and convincing evidence of the acquittee's need for …
Forced Disclosure Of Academic Research, J. Graham Matherne
Forced Disclosure Of Academic Research, J. Graham Matherne
Vanderbilt Law Review
This Note advocates that courts follow the procedures that rule 45 and its progeny provide to evaluate the special concerns of academic researchers, rather than rely on the Constitution to shield the academic researcher under the mystical guise of academic freedom. Part II of this Note examines the four cases in which federal courts have decided whether to force an academic to disclose his research. Part III focuses on the guidelines that the relevant Federal Rules establish for forced disclosure. Part IV discusses the academic freedom approach to forced disclosure and the common law and constitutional arguments that favor academic …
A Brave New World For Personal Jurisdiction: Flexible Tests Under Uniform Standards, Harold S. Lewis, Jr.
A Brave New World For Personal Jurisdiction: Flexible Tests Under Uniform Standards, Harold S. Lewis, Jr.
Vanderbilt Law Review
This Article accepts the challenge to unify personal jurisdiction theory by proposing an approach that accommodates both the contacts-based and noncontacts-based tests under uniform jurisdictional standards. The analysis builds on the major assumption,elaborated in part II, that the Supreme Court's decision in Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee removed the principal barrier to a unified theory by ousting governmental interests from their long held place in personal jurisdiction decisions. The principal thesis is that International Shoe has made two general, lasting contributions to jurisdictional theory.First, International Shoe recognized, although less clearly than Ireland, that the goal …
Dangerousness And Expertise, Christopher Slobogin
Dangerousness And Expertise, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The defendant-first approach advocated in this Article is more difficult to implement than either the current policy admitting any proffered expert testimony or the exclusionary reform advanced by many commentators. It requires some mechanism for apprising the state when the defense intends to use clinical prediction testimony. When no such intent is registered, it demands that any other clinical testimony, whether offered by the state or the defense, be carefully monitored to insure that the dangerousness issue is not raised; it may require revamping other procedures as well.2 " But the defendant-first approach also presents the factfinder with the most …
State Taxation Of Foreign Source Income Through Worldwide Combined Reporting, Thomas C. Pearson
State Taxation Of Foreign Source Income Through Worldwide Combined Reporting, Thomas C. Pearson
Vanderbilt Journal of Transnational Law
The primary alternative to worldwide combined reporting is the method used by the United States Government--the arm's length method of taxing foreign source income. Following the explanation of the arm's length method, this Note will outline briefly the due process and commerce clause limitations on a state's jurisdiction to tax and will describe the methods states have chosen to apportion the business income of a unitary business in order to comply with the commerce clause. The impact of worldwide combined reporting depends upon the apportionment formula adopted by the state and the state's definition of the terms "unitary business" and …