Law Commons^™

The Bright Future Of Gay Marriage, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Law Student Field Projects In Community Law, Fran Ansley

Scholarly Works

An online teaching and learning portfolio.

Policy And Praxis: A Role For Latcrit "Institutional-Class Analysis" In Latin American Judicial Reform, Becky Jacobs

College of Law Faculty Scholarship

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Fall 2004

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 2004

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Space Law In The 21st Century: Some Thoughts In Response To The Bush Administration's Space Initiative, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

State Anti-Discrimination Law As A Model For Amending The Americans With Disabilities Act, Alex B. Long

Scholarly Works

No abstract provided.

Let's Make It Official: Adding An Explicit Preplan Sale Process As An Alternative Exit From Bankruptcy, George Kuney

Scholarly Works

No abstract provided.

Preserving The Legacy: A Tribute To Chief Justice Harry L. Carrico, One Who Exalted Judcial Independence - Part Two: The Good, The Bad, And The [Very, Very] Ugly And (Its Postscript), A Fistful Of Dollars, Penny White

Scholarly Works

No abstract provided.

Preserving The Legacy: A Tribute To Chief Justice Harry L. Carrico, One Who Exalted Judcial Independence - Part One: Words Honoring Chief Justice Carrico, Penny White

Scholarly Works

No abstract provided.

The Erie Doctrine And Bankruptcy, Thomas E. Plank

Scholarly Works

No abstract provided.

Justice Harlan’S Law And Democracy, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Public Shoreline Access In Maine: A Citizen's Guide To Ocean And Coastal Law, John Duff, Cheryl Daigle

Maine Sea Grant Publications

While Maine boasts thousands of miles of coastline, only a small portion of the state's beaches is publicly owned. But even where coastal property is privately owned, the public still has legal rights to intertidal land for certain traditional uses; many Mainers are familiar with the phrase 'fishing, fowling, and navigation.' This document summarizes the history of several key lawsuits highlighting rights to shoreline access in Maine, and also discusses options for securing public access to the Maine coast.

Symbolic Counter-Speech, Howard M. Wasserman

Faculty Publications

No abstract provided.

Nevada Case Threatens To Expand Terry Stops, Shaun B. Spencer

Faculty Publications

This term, the U.S. Supreme Court will review a Nevada decision authorizing police to arrest people for refusing to identify themselves. If affirmed, the decision could reshape how privacy is viewed in the criminal context throughout the United States, and could prompt the Massachusetts Supreme Judicial Court to depart from the Supreme Court’s approach to stop-and-frisk cases. The case is Hiibel v. Sixth Judicial District Court, 59 P.3d 1201 (Nev. 2002), cert. granted, 124 S. Ct. 430 (2003).

Developments In Australian Fisheries Law: Setting The Law Of The Sea Convention Adrift?, Warwick Gullett

Faculty of Law - Papers (Archive)

Significant developments have recently occurred in the ongoing campaign by the Australian Government to combat illegal foreign fishing in Australian waters, particularly against Patagonian toothfish poaching. On 22 March 2004 significant amendments to Australia’s fisheries laws were passed by the Commonwealth Parliament to improve regulatory efficiency and combat illegal foreign fishing in the Australian Fishing Zone (AFZ). In addition, on 12 March 2004 the Federal Court of Australia delivered a landmark decision in Olbers v Commonwealth of Australia (No 4) [2004] FCA 229 concerning the automatic forfeiture of foreign vessels to the Commonwealth of Australia at the time when a …

A Constitution For Everyone, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Connection, Capacity And Morality In Lawyer-Client Relationships: Dialogues And Commentary,, Robert Dinerstein, Stephan Ellmann, Isabelle Gunning

Articles in Law Reviews & Other Academic Journals

As important,and difficult, as it is to offer new law students clearand helpful frameworks for the interpersonalwork of lawyering, do-ing so is only part of what a clinical textbook may aspire to. In ourtextbook-in-progress, we hope to offer both frameworks and support for students' sense of the incompleteness of every framework and for their recognition of the need for careful,flexible response to each in-dividual client. Even care and flexibility by themselves are notenough, however, and every text must choose which aspects of law- yer-client relationshipsit will emphasize most. In the sections thatfol-low, we focus on lawyers' development of "connection in …

Sec Enforcement Of Attorney Up-The-Ladder Reporting Rules: An Analysis Of Institutional Contraints, Norms, And Biases, Michael A. Perino

Faculty Publications

In their paper and in their earlier comments to the SEC on the proposed attorney reporting rules, Professors Cramton, Cohen and Koniak do an excellent job recounting the genesis of the attorney reporting requirements in the Sarbanes-Oxley Act, describing the SEC's proposed and final rules and critiquing the rule's triggering mechanism and now apparently shelved noisy withdrawal requirement. Their case study of the recent Spiegel, Inc. independent examiner's report is a particularly useful vehicle for examining the practical implications of the SEC's policy and drafting choices. Although I was a member of a committee that submitted comments opposed to noisy …

Three Views Of Visiting, Terrill Pollman, Jim Levy, Samantha Moppett

Scholarly Works

A panel discussion among legal writing instructors of the pros and cons of accepting visiting teaching positions at other law schools.

The International Privacy Regime, Tim Wu

Faculty Scholarship

Privacy has joined one of many areas of law understandable only by reference to the results of overlapping and conflicting national agendas. What has emerged as the de facto international regime is complex. Yet based on a few simplifying principles, we can nonetheless do much to understand it and predict its operation.

First, the idea that self-regulation by the internet community will be the driving force in privacy protection must be laid to rest. The experience of the last decade shows that nation-states, powerful nation-states in particular, drive the system of international privacy. The final mix of privacy protection that …

The Columbus Project In The Family Court Of Western Australia: A Model Of Reflective Practice, Lisbeth Pike, Paul Murphy

Research outputs pre 2011

The Columbus Pilot project conducted in the Family Court of Western Australia during 2001-2003, was established to deal with cases that are characterised by violence. Paul Murphy and Lis Pike of the School of Psychology, Edith Cowan University, discuss how the Columbus process of jointly chaired interdisciplinary conferences in the court has influenced the evolution of a model of reflective practice.

Judges As Film Critics: New Approaches To Filmic Evidence, Jessica Silbey

Faculty Scholarship

This Article exposes internal contradictions in case law concerning the use and admissibility of film as evidence. Based on a review of more than ninety state and federal cases dating from 1923 to the present, the Article explains how the source of these contradictions is the frequent miscategorization of film as “demonstrative evidence,” evidence that purports to illustrate other evidence, rather than to be directly probative of some fact at issue. The Article further demonstrates how these contradictions are based on two venerable jurisprudential anxieties. One is the concern about the growing trend toward replacing the traditional testimony of live …

Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh

All Faculty Scholarship

Recent attempts to expand the domain of copyright law in different parts of the world have necessitated renewed efforts to evaluate the philosophical justifications that are advocated for its existence as an independent institution. Copyright, conceived of as a proprietary institution, reveals an interesting philosophical interaction with other libertarian interests, most notably the right to free expression. This paper seeks to understand the nature of this interaction and the resulting normative decisions. The paper seeks to analyze copyright law and its recent expansions, specifically from the perspective of the human rights discourse. It looks at the historical origins of modern …

Changing The Channel: What To Do With The Critical Abilities Of Law Students As Viewers?, Cassandra Sharp

Faculty of Law, Humanities and the Arts - Papers (Archive)

It is now generally acknowledged within the cultural studies tradition that media can actually be consumed in a mediated sense - that is, oppositionally and not hegemonically. The viewer is no longer seen as powerless and 'vulnerable to the agencies of commerce and ideology', but rather as both selective and active. Law students, as viewers, are constantly interpreting, transforming and producing meaning in relation to the images of law presented to them. They are utilising this process to not only make sense of the law, but also to analyse and reflect on their personal ideas and values in light of …

Judges As Film Critics: New Approaches To Filmic Evidence, Jessica Silbey

Faculty Scholarship

This Article exposes internal contradictions in case law deciding the use and admissibility of film as evidence. Based on a review of more than ninety state and federal cases dating from 1923 to the present, the Article explains how the source of these contradictions is the frequent miscategorization of film as "demonstrative evidence," that category of evidence that purports to illustrate other evidence rather than to be directly probative of some fact at issue. The Article further demonstrates how these contradictions are based on two venerable jurisprudential anxieties. One is the concern about the growing trend toward replacing the traditional …

International Decision: United States--Continued Dumping And Subsidy Offset Act Of 2000, Mark L. Movsesian

Faculty Publications

This brief article is a report of an international decision of the World Trade Organization Appellate Body on January 16, 2003, concerning the United States’ Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217 & 234/AB/R). Eleven WTO members—Australia, Brazil, Canada, Chile, the European Communities, India, Indonesia, Japan, Korea, Mexico, and Thailand—filed a challenge to the Byrd Amendment in the summer of 2001. A WTO dispute settlement panel, agreeing with the complaining parties, made two major findings. First, the panel concluded that the Byrd Amendment constitutes an impermissible specific action against dumping and subsidization under the Antidumping and SCM Agreements. …

Against Global Governance In The Wto, John O. Mcginnis, Mark L. Movsesian

Faculty Publications

In "Global Governance and the WTO," Professor Andrew Guzman has done an impressive job of articulating a vision of the World Trade Organization (WTO) that many international lawyers share. In this vision, the WTO's mission should be expanded beyond its present task of facilitating tariff reductions and preventing covert protectionism. Rather, the WTO should take on substantive authority in a wide variety of non-trade areas, including the environment, labor, human rights, and public health. Unlike many people who share this vision, Guzman takes the time to describe how it might best be accomplished. He advocates specialized WTO departments and periodic …

Protecting The Unpopular From The Unreasonable: Warrantless Monitoring Of Attorney Client Communications In Federal Prisons, Teri Dobbins Baxter

Scholarly Works

No abstract provided.

Survey Of Developments In Indiana Family, Paula Schaefer

Scholarly Works

No abstract provided.