Law Commons^™

Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith

Oklahoma Law Review

In its 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that reflected a new model of civil commitment. The targets of this new commitment law were dubbed “Sexually Violent Predators” (SVPs), and the Court upheld indefinite detention of these individuals on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty …

The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner

Saint Louis University Public Law Review

No abstract provided.

Mind The Gap: Can Developers Of Autonomous Weapons Systems Be Liable For War Crimes?, Tim Mcfarland, Tim Mccormack

International Law Studies

A recurrent response to the development of increasingly autonomous weapons systems involves questions of accountability for serious violations of the law of armed conflict. Opinion is divided across a spectrum ranging from claims of an accountability vacuum and consequent calls for a complete ban to assertions that the weapons will present no new challenges and that the existing legal framework is capable of adaptation to emerging technologies. This article focuses on the expanded role played by developers of autonomous weapons systems. It describes the novel contributions made by developers of these advanced systems that raise the potential for them to …

A Gunman’S Paradise: How Louisiana Shields Concealed Handgun Permit Holders While Targeting Free Speech And Why Other States Should Avoid The Same Misfire, Michael J. Lambert

Louisiana Law Review

The article discusses development in the laws for concealed handgun permit in the U.S. Topics discussed include legal history of gun laws in Louisiana, the constitutionality of laws in context of the First Amendment of the U.S. Constitution, and various laws banning the permit of handgun in Louisiana.

Autonomous Weapons And International Humanitarian Law: Advantages, Open Technical Questions And Legal Issues To Be Clarified, Marco Sassoli

International Law Studies

This contribution argues that autonomous weapons systems may have advantages from the perspective of ensuring better respect for international humanitarian law (IHL). This may be the case if they are one day capable of perceiving the information necessary to comply with IHL, can apply IHL to that information, and if it can be ensured that they will not deviate from the ways in which humans have programmed them. In the view of the author, targeting decisions do not require subjective value judgments a machine would be unable to make. In order to ensure IHL is respected with regard to use …

Our Global Commons, Brigham Daniels, James Salzman

BYU Law Review

No abstract provided.

The Tragicomedy Of The Commons, Brigham Daniels

BYU Law Review

Scholarship on the commons focuses on a diverse set of problems, ranging from crashing fisheries to crowded court dockets. Because we find commons resources throughout our natural and cultural environments, understanding old lessons and learning new ones about the commons gives us leverage to address a wide range of problems. Because the list of resources identified as commons resources continues to grow, the importance of gleaning lessons about the commons will also continue to grow.

That being said, while the resources that make up the commons are certainly diverse, so too are the ways scholars depict it and the challenges …

Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig

BYU Law Review

Isolated wetlands provide great ecological and economic value to the United States. While some states provide protection for isolated wetlands, a great many do not. These wetlands are also left outside the ambit of federal wetland regulatory protections under the Clean Water Act, with its murky jurisdictional reach. Notwithstanding jurisdictional questions under current federal statutes, the U.S. Supreme Court has gone so far as to call into question the constitutionality of federal isolated wetland regulation. This Article makes a normative argument that, in the absence of state or local programs providing holistic isolated wetland protection, federal action is needed. The …

Adapting The Law Of Armed Conflict To Autonomous Weapon Systems, Kenneth Anderson, Daniel Reisner, Matthew Waxman

International Law Studies

As increasingly automated—and in some cases fully autonomous—weapon systems enter the battlefield or become possible, it is important that international norms to regulate them head down a path that is coherent and practical. Contrary to the claims of some advocates, autonomous weapon systems are not inherently illegal or unethical. The technologies involved potentially hold promise for making armed conflict more discriminating and causing less harm on the battlefield. They do pose great challenges, however, with regard to law of armed conflict rules regulating the use of weapons. To adapt existing law to meet those challenges, we propose a three-tiered approach …

A Failing School District And A Failing Statute: How Breitenfeld V. School District Of Clayton And The Unaccredited District Tuition Statute Nearly Destroyed A Struggling School District And Disrupted The Education Of Its Students, Jonathan K. Hoerner

Saint Louis University Law Journal

No abstract provided.

Agglomerama, Lee Anne Fennell

BYU Law Review

No abstract provided.

Local Governments And Global Commons, Jonathan Rosenbloom

BYU Law Review

No abstract provided.

Coordinating The Oil And Gas Commons, Hannah J. Wiseman

BYU Law Review

No abstract provided.

Table Of Contents

Louisiana Law Review

No abstract provided.

Masthead

Louisiana Law Review

No abstract provided.

Remanding Multidistrict Litigation, Elizabeth Chamblee Burch

Louisiana Law Review

The article focuses on the procedural, substantive, and communal benefits of remanding multidistrict litigation (MDL). Topics discussed include efforts of plaintiff's lawyer in increasing their fees by implementing various fee provisions in settlement, the views of Judge John G. Heyburn on remand of MDL, and the importance of remanding MDL cases in dispute resolution.

Centripetal Forces: Multidistrict Litigation And Its Parts, Catherine R. Borden, Emery G. Lee Iii, Margaret S. Williams

Louisiana Law Review

The article focuses on various issues related to multidistrict litigation (MDL). Topics discussed include the regulation of MDL proceedings under the Multidistrict Litigation Act of 1968, the role of the U.S. lawyers in centralized proceedings of tag-along cases, and the role of panel of judges in adjudicating MDL.

Difficulties With Sharing: A Proposal To Define The Voluntary Unit And Protect The Rights Of Surface Co-Owners And Mineral Servitude Holders In Louisiana, W. Drew Burnham

Louisiana Law Review

The article focuses on the co-ownership principles and nature of the mineral servitude in Louisiana. Topics discussed include the importance of implementing reforms in the Mineral Code, solutions for equitable remedies for surface co-owners, and the judicial opinion of the Supreme Court of Louisiana on the case Frost-Johnson Lumber Co. v. Sailing's Heirs.

Symposium Panelist Transcripts

Louisiana Law Review

No abstract provided.

Testamentary Formalism In Louisiana: Curing Notarial Will Defects Through A Likelihood-Of-Fraud Analysis, George Holmes

Louisiana Law Review

The article focuses on remedial doctrines applied by the U.S. courts in resolving issues of testamentary formalism. Topics discussed include analysis of the substantial compliance doctrine in Louisiana jurisprudence, laws signifying the importance of attestation and presence of witness, and the law for limiting validation of testator's intent through minimis errors.

State V. Louisiana Land & Exploration Co.: Louisiana Revised Statutes Section 30:29 And Its Effect On The Amount Of Remediation Damages Available To Plaintiffs, Julia L. Taylor

Louisiana Law Review

The article discusses land contamination litigation at oil and gas exploration sites State v. Louisiana Land & Exploration Co. Topics discussed include claims for remediation of environmental damages, laws for mineral leases and remediation damages, and the judicial opinion of the Supreme Court of Louisiana on the cases related to environmental damages.

Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray

BYU Law Review

One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …

Naming The Tragedy, Eric T. Freyfogle

BYU Law Review

No abstract provided.

Introduction: To Economic Justice

City University of New York Law Review

No abstract provided.

Surprising Commons, Carol M. Rose

BYU Law Review

No abstract provided.

Book Review The Leiden Legacy: Concepts Of Law In Indonesia, M. Yahdi Salampessy

Indonesia Law Review

The Indonesian civil law system is often taken for granted, when it is actually a product of “institutional transplantation” and inherited from the Dutch Colonization. Long before the arrival of colonial powers in Indonesia several centuries ago, many local communities had operated within their self-regulating systems with multiple political entities. When colonization came to power, however, there was a massive shift from judge-made law to a centralized statute-based legal system imposed by the colonial order.

Mfy Legal Services, Inc.'S Medical Legal Partnership With Bellevue Hospital Center: Providing Legal Care To Children With Psychiatric Disabilities, Aleah Gathings

City University of New York Law Review

No abstract provided.

A Founding Failure Of Enforcement: Freedmen, Day Laborers, And The Perils Of An Ineffectual State, Raja Raghunath

City University of New York Law Review

No abstract provided.

One Condo, One Vote: The New York Bid Act As A Threat To Equal Protection And Democratic Control, Brett Dolin

City University of New York Law Review

No abstract provided.

The Long Crisis: Economic Inequality In New York City, Fahd Ahmed, Tom Angotti, Jennifer Jones Austin, Shawn Blumberg, Robin Steinberg, Stephen Loffredo

City University of New York Law Review

City University of New York Law Review hosted this public panel discussion on November 12, 2014 at CUNY School of Law. CUNY Law Review would like to thank the co-sponsors of this event: Law Students for Reproductive Justice (LSRJ); Latin American Law Students Association (LALSA); Labor Coalition for Workers’ Rights and Economic Justice; National Lawyers Guild CUNY Law Chapter (NLG); Iraqi Refugee Assistance Project (IRAP); Student for Justice in Palestine (SJP) and CUNY Law Association of Students for Housing (CLASH).