Law Commons^™

The Influence Of The Federal Administrative Procedure Act On California's New Administrative Procedure Act, Michael Asimow

Tulsa Law Review

No abstract provided.

Rulemaking And The Administrative Procedure Act, Richard J. Pierce Jr.

Tulsa Law Review

No abstract provided.

Case Against Postmodern Censorship Theory , Steven G. Gey

University of Pennsylvania Law Review

No abstract provided.

Economics Of The Law Of Criminal Attempts: A Victim-Centered Perspective , Omri Ben-Shahar, Alon Harel

University of Pennsylvania Law Review

No abstract provided.

Pruning The Political Thicket: The Case For Strict Scrutiny Of State Ballot Access Restrictions, Kevin Cofsky

University of Pennsylvania Law Review

No abstract provided.

It Takes A Militia: A Communitarian Case For Compulsory Arms Bearing, Brannon P. Denning, Glenn Harlan Reynolds

William & Mary Bill of Rights Journal

During the last year, both Communitarianism and private militias have received a considerable amount of attention in the popular press and in law reviews; nevertheless, few observers have discussed the similarities between these two seemingly dissimilar movements. In this Essay, the authors demonstrate that Communitarians and militias actually have more in common than it might at first appear. Summarizing the Communitarian agenda, the authors note that Communitarians speak a language that would be readily understood by the Framers, who saw militias as an important vehicle through which civic virtue could be transmitted. The importance the Framers placed upon militias is …

Grappling With Gender Equality, Jerry R. Parkinson

William & Mary Bill of Rights Journal

In this twenty-fifth anniversary year of the enactment of Title IX of the Education Amendments of 1972, the issue of gender equity in athletics is as divisive as ever. Lawsuits by female athletes and the demise of many men's teams have changed perceptions of Title IX in the 1990s and have provided an impetus for a thorough reexamination of the gender equity issue.

In this Article, Professor Parkinson begins with a brief overview of the regulatory framework governing Title IX's application to athletics. He then examines the legal standards by which the Department of Education's Office for Civil Rights (OCR) …

Incriminatory Effects Of Compliance With Irs Subpoenas For Personal Documents: An Analysis Of Current Approaches, Leah A. Kahl

William & Mary Bill of Rights Journal

This Note argues that creating a tax-crime exception to the privilege against self-incrimination countervenes both the language and the spirit of the Fifth Amendment. This Note further argues that the Ninth Circuit's creation of a tax crime-exception stemmed from a misinterpretation of precedent.

This Note describes the tax system and structure of the Internal Revenue Service (IRS), including its investigatory powers. The relationship between the IRS and the Department of Justice is discussed to ascertain the incriminatory effects of taxpayers' disclosures. A Ninth Circuit district court case, United States v. Troescher, is used as a framework for analyzing the Ninth …

The Essential Elements Of Judicial Independence And The Experience Of Pre-Soviet Russia, Thomas E. Plank

William & Mary Bill of Rights Journal

Judicial independence, which first developed in the Anglo-American legal system, is valued by many countries as an important condition for the rule of law. Its existence in any legal system, however, depends on concrete institutional arrangements. In this Article, Professor Plank identifies four institutional elements necessary to establish and maintain an independent judiciary: fixed tenure (with limited exceptions), fixed and adequate compensation, minimum qualifications, and limited civil immunity. The presence of these elements ensures an independent judiciary in many countries. The lack of permanent tenure for judges in most American states, however, raises serious questions about their independence.

To test …

Lynching And The Law In Georgia Circa 1931: A Chapter In The Legal Career Of Judge Elbert Tuttle, Anne S. Emanuel

William & Mary Bill of Rights Journal

Elbert Parr Tuttle joined the federal bench in 1954, shortly after the Supreme Court decided Brown v. Board of Education. In 1960, he became the Chief Judge of the United States Court of Appeals for the Fifth Circuit, the court with jurisdiction over most of the deep south. As Chief Judge, he forged a jurisprudence that proved effective in overcoming the intransigence and outright rebellion of those who had long denied fundamental constitutional rights to African Americans.

This Essay traces an episode that occurred in 1931, when Tuttle spearheaded an effort to obtain a fair trial for John Downer, a …

A Theory Of Insurance Policy Interpretation, Kenneth S. Abraham

Michigan Law Review

The first principle of insurance law is captured by the maxim contra proferentem, which directs that ambiguities in a contract be interpreted "against the drafter," who is almost always the insurer. Yet given the modern recognition that language is an inherently imperfect instrument for communicating meaning, insurance policy provisions are in a sense always ambiguous. Moreover, in addition to contra proferentem, policyholders may invoke such allied doctrines as waiver, estoppel, and the rule that the reasonable expectations of the insured should be honored even if those expectations are unambiguously contradicted by fine-print provisions in the policy. Contra proferentem and these …

Is Turn About Fair Play? Copyright Law And The Fair Use Of Computer Software Loaded Into Ram, Chad G. Asarch

Michigan Law Review

Computer systems, especially those in heavy-use commercial settings, often require routine maintenance to continue functioning properly. Many businesses turn to an independent service organization ("IS0") to provide computer maintenance services because ISOs frequently charge less than the original equipment manufacturer ("OEM") for those services. The tremendous growth in computer use has spawned a multi-billion dollar computer maintenance industry in the United States, and ISOs and OEMs have become engaged in fierce competition for this computer service business. The struggle between ISOs and OEMs to capture this expanding market has spilled over into the courts, spawning a number of recent decisions …

Revitalizing Environmental Federalism, Daniel C. Esty

Michigan Law Review

Politicians from Speaker Newt Gingrich to President Bill Clinton, cheered on by academics such as Richard Revesz, are eagerly seeking to return authority over environmental regulation to the states. In the European Union, localist opponents of environmental decisionmaking in Brussels rally under the banner of "subsidiarity." And in debates over international trade liberalization, demands abound for the protection of "national sovereignty" in environmental regulation. All of these efforts presume that a decentralized approach to environmental policy will yield better results than more centralized programs. This presumption is misguided. While the character of some environmental concerns warrants a preference for local …

A More Sensible Approach To Regulating Independent Expenditures: Defending The Constitutionality Of The Fed's New Express Advocacy Standard, Michael D. Leffel

Michigan Law Review

Campaign finance reformers argue that the "unholy alliance of private money and public elections" has created "a crisis of confidence in our elected officials." The now-deceased campaign reform advocate Philip M. Stem summed up the role of money in campaigns this way: "[M]oney-power has replaced people-power as the driving force in American politics and the determinant of electoral victory." One form of "money-power" in elections that received a great deal of attention in the last election cycle was "independent expenditures." Independent expenditures are funds spent by interested individuals or groups - usually in the form of television or radio advertisements …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Courts, Political Violence, And Problems With Witness Testimony, Ibpp Editor

International Bulletin of Political Psychology

The editor discusses the concept of witness testimony from a legal and psychological perspective.

The Case For The Vietnam War, W. W. Rostow

The US Army War College Quarterly: Parameters

No abstract provided.

What Makes Us Different, Peter Fleming Jr.

Loyola of Los Angeles Law Review

No abstract provided.

Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases , Thomas D. Lyon, Jonathan J. Koehler

Cornell Law Review

No abstract provided.

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Federal Tax Treatment Of Environmental Clean-Up Costs: An Ever Changing Doctrine , Joan M. Swartz

Journal of Environmental and Sustainability Law

No abstract provided.

Allowing States To Avoid Accountability: A Death Knell For Private Enforcement Of Federal Environmental Laws? Seminole Tribe Of Florida V. Florida, Melissa Mcallister

Journal of Environmental and Sustainability Law

No abstract provided.

What Happened?: U.S. District Court Rules Cercla Not Retroactive And Unconstitutional Under The Commerce Clause. United States V. Olin Corp. , Mitch Burgess

Journal of Environmental and Sustainability Law

No abstract provided.

Eighth Circuit Declares New Law For Owners Of Land Encumbered By Fws Easements: Drain Those After-Expanded Wetlands, But Ask Nicely First. United States V. Johansen, Laura Krasser

Journal of Environmental and Sustainability Law

No abstract provided.

Case To Watch

Journal of Environmental and Sustainability Law

No abstract provided.

Missouri Attorney General Enforcement Actions

Journal of Environmental and Sustainability Law

No abstract provided.

Case Summaries

Journal of Environmental and Sustainability Law

No abstract provided.

Standing For Potentially Responsible Parties Under Sec. 107 And 113 Of Cercla: Laidlaw Waste Systems Inc. V, Mallinckrodt Specialty Chemicals , Edward S. Stevens

Journal of Environmental and Sustainability Law

No abstract provided.

Editor's Note, Randall W. Sifers

Federal Communications Law Journal

No abstract provided.

The Communications Decency Act, Jim Exon

Federal Communications Law Journal

No abstract provided.