Law Commons^™

Religion And Law Use: Constraints On Local Boards' Decision Making, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

While local legislatures generally have broad authority to enact land use regulations that serve a public interest, the Religious Land Use and Institutionalized Persons Act as well as constitutional limits found in the First Amendment limit religious land use regulations that seek to restrict religious freedom. This article explores the Second Circuit’s decision in Westchester Day School v. Village of Mamaroneck, and makes suggestions about the future implications of the court’s decision.

Wine Wars: The 21st Amendment And Discriminatory Bans To Direct Shipment Of Wine , Todd J. Zywicki

George Mason University School of Law Working Papers Series

This essay is actually a series of posts from the Volokh Conspiracy weblog (www.volokh.com) that discusses the policy and constitutional issues surrounding a question that the Supreme Court will hear this term, whether discriminatory barriers to the interstate direct shipment of wine are constitutional. Because of the timeliness of the issue, the essay is presented in this unusual and informal format so as to be available to the public more rapidly than through the traditional law review format. This essay” reviews the historical evidence and ratification history of the 21st Amendment, and concludes that the answer is unambiguously no.

The …

Obesity And Advertising Policy, Todd J. Zywicki, Debra Holt, Maureen Ohlhausen

George Mason University School of Law Working Papers Series

It is clear that Americans are getting fatter, both adults and children. This development has led some to call for a ban on food advertising directed at children. There are numerous practical and constitutional difficulties with such a policy. This article poses a more fundamental question - even if feasible, would restricting food advertising do anything to reduce obesity or even slow its trends? The article also considers whether the social costs of banning advertising could outweigh the social benefits of such an action.

This article provides a review of the literature on the fundamental causes of the American obesity …

Soft Negligence And Cause In Fact: A Comment On Ganuza And Gomez, Giuseppe Dari-Mattiacci

George Mason University School of Law Working Papers Series

Lowering the standard of negligence below the first-best socially optimal level has been shown by Ganuza and Gomez (2004) to increase the level of care taken by judgment proof injurers. In this paper, I consider a more complex model of negligence in which cause in fact is taken into account, and I show that this conclusion holds when the injurer’s care reduces the magnitude of the accidental harm but not when the injurer’s care reduces the probability of the accident. Thus, such soft negligence strategies aimed at tackling the adverse effects of judgment proofness need to be conditioned to the …

Legal Writing And Academic Support: Timing Is Everything, Dionne L. Koller

Faculty Scholarship

The conventional wisdom is that legal writing and academic support go hand-in-hand. Most law schools assume that struggling students can be reliably identified for academic support through their first-year legal writing course, and that first-year legal writing instructors can fairly easily and effectively provide this support. Indeed, this is the prevailing view in current academic support and legal writing scholarship. Professor Koller's article challenges the conventional wisdom and instead points out several issues that should be considered if a law school relies on the first-year legal writing course as a component of, or in lieu of, an academic support program. …

Could One Simple Election Solve The Attorney Fee Problem?, Jeffrey H. Kahn

Scholarly Publications

No abstract provided.

Assembly Committee On Public Safety: 2004 Bill Summary, Assembly Committee On Public Safety

California Assembly

MEMBERS
Mark Leno, Chair
Jay La Suer, Vice Chair
Mervyn M. Dymally
Jackie Goldberg
Todd Spitzer
Vacancy

COMMITTEE STAFF
Gregory Pagan, Chief Counsel
Kathleen Ragan, Counsel
Harry Ermoian, Counsel
Heather Hopkins, Counsel
Sue Highland, Committee Secretary
Toni J. Nakashima, Committee Secretary

Religious Liberty In America And Beyond: Celebrating The Legacy Of Roger Williams On The 400th Anniversary Of His Birth, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Summary Of Middleton Vs. Warden, 120 Nev. Adv. Rep. 74, Ryan Hall

Nevada Supreme Court Summaries

The Nevada Supreme Court removed Middleton’s appointed appellate counsel due to substandard representation. On initial review, the Nevada Supreme Court ordered Middleton's counsel to submit an amended brief, limited to 80 pages. Counsel's "amended" brief was simply the original brief with the final few pages removed so as to meet the 80-page requirement. Counsel had repeatedly violated court orders, and the work product he ultimately submitted was unacceptable for representation of a client who was facing a death sentence.

Global Test Threatens Security, Alan J. Meese

Popular Media

No abstract provided.

Summary Of Atkinson V. Mgm Grand Hotel, Inc., 120 Nev. Ad. Op. 71, Amanda Yen

Nevada Supreme Court Summaries

No abstract provided.

Vol. 55, No. 5, October, 12, 2004, University Of Michigan Law School

Res Gestae

•New Director, New Direction: Sarosi Brings Both to M-Law •Editorial: Two Lists Should Solve Student Spam •Hard Day's Nights: MBA Alum Describes Show Business •Supreme Court Panel Forecasts More Reading for Con, Crim Law Students •40 Years in the Making: Professor Kahn Talks Tax, Teaching •The Good, the Bad and the LLC: Alums Show How to Distinguish Law Firms •In Their Own Words: Students Comment on the 2004 Presidential Candidates •'The World Needs President Bush' •Bush 'Faced With (an) Impossible Task' •Bush 'Crapped Out' In Iraq •'Think About Bush's Decisions Since 9/11' •Bush 'Practices What He Preaches' •Health Insurance: Do …

Vol. 27, No. 07 (October 11, 2004)

Indiana Law Annotated

No abstract provided.

Certificate: Appreciation To Rodney Hurst For Urban Education Summit.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A certificate of appreciation for serving as a panelist at The Education Urban Summit: "Call for Action in Education" October 26, 2004

When "Responsible Parties" Clean Up Voluntarily, Can They Use Superfund To Get Some Of Their Cleanup Costs Back?, Robert H. Abrams, Amy Kullenberg

Journal Publications

No abstract provided.

The Arkansas River: One Hundred Years Later, Kansas And Colorado Still Are At Odds, Robert H. Abrams

Journal Publications

No abstract provided.

No Way To Deal With Slums, Bernadette Atuahene

All Faculty Scholarship

No abstract provided.

A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck

Articles in Law Reviews & Other Academic Journals

In the past decade, the number of small, entrepreneurial businesses participating in the global economy has tripled. With this increase comes a rise in the number of cross-border commercial disputes. The unwary small business, not familiar with international transactions, may commit errors that adversely affect their ability to do and stay in business. This article focuses on analyzing which methods small businesses should use in constructing their dispute resolution provisions and how to avoid errors in drafting and negotiation.

The Constitution In Two Dimensions: A Transaction Cost Analysis Of Constitutional Remedies. , Eugene Kontorovich

George Mason University School of Law Working Papers Series

This Article reveals the underappreciated role of liability rules in constitutional law. Conventional constitutional theory insists that constitutional entitlements require, by their nature, property rule protection. That is, they can only be taken with the owner's consent; nonconsensual takings can be enjoined. This Article shows that many constitutional values are in fact protected by liability rules, which allow for forced transfers followed by payment of compensation. Substantive entitlements form one dimension of constitutional law. The various ways in which they are protected against transfers form the second dimension. The full picture of constitutional law only emerges from looking at both. …

Preemption Under The Securities Litigation Uniform Standards Act: If It Looks Like A Securities Fraud Claim And Acts Like A Securities Fraud Claim, Is It A Securities Fraud Claim?, Jennifer O'Hare

Working Paper Series

This Article addresses the removal and preemption provisions of the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”). In SLUSA, Congress preempted class actions alleging “an untrue statement or omission of a material fact in connection with the purchase or sale of a covered security.” SLUSA clearly applies to preempt the typical state securities fraud action, forcing plaintiffs into federal court where they will be subject to the rigorous procedural requirements of the Private Securities Litigation Reform Act of 1995. Preemption of false corporate publicity cases was expected and, in fact, intended by SLUSA. However, many courts have also extended …

Vol. 27, No. 06 (October 4, 2004)

Indiana Law Annotated

No abstract provided.

Gender Assignment Surgery For Intersexed Infants: How The Substantive Due Process Right To Privacy Both Supports And Opposes A Moratorium, Sara A. Aliabadi

W&M Law Student Publications

No abstract provided.

The Skyscraper, Green Design, & The Leed Green Building Rating System: The Creation Of Uniform Sustainable Standards For The 21st Century Or The Perpetuation Of An Architectural Fiction?, Stephen T. Del Percio

W&M Law Student Publications

No abstract provided.

Privacy, Plaintiff, And Pseudonyms: The Anonymous Doe Plaintiff In The Information Age, Jayne S. Ressler

Faculty Scholarship

No abstract provided.

The Enterprise Of Liability, Anita Bernstein

Faculty Scholarship

No abstract provided.

An Ex-Ante View Of The Battle Of The Forms: Inducing Parties To Draft Reasonable Terms, Omri Ben-Shahar

Law & Economics Working Papers Archive: 2003-2009

This paper focuses on one type of ex-ante effect of the battle of the forms: the incentive to draft reasonable boilerplate terms. It argues that the experience with the battle-of-the-forms rule under the CISG reinforces what we already know, that existing legal solutions do not provide any incentive for the parties to draft reasonable forms. The paper suggests that the goal of inducing parties to draft reasonable terms can be significantly promoted by a third rule, a variant of the “best-shot” rule proposed by Victor Goldberg. Under the version labeled the “reasonable-shot” rule, the court would resolve the battle of …

Defining "Addition" Of A Pollutant Into Navigable Waters From A Point Source Under The Clean Water Act: The Questions Answered — And Those Not Answered — By South Florida Water Management District V. Miccosukee Tribe Of Indians, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

The Origins Of American Felony Murder Rules, Guyora Binder

Journal Articles

Contemporary commentators continue to instruct lawyers and law students that England bequeathed America a sweeping default principle of strict liability for all deaths caused in all felonies. This Article exposes the harsh "common law" felony murder rule as a myth. It retraces the origins of American felony murder rules to reveal their modern, American, and legislative sources, the rationality of their original scope, and the fairness of their original application. It demonstrates that the draconian doctrine of strict liability for all deaths resulting from all felonies was never enacted into English law or received into American law. This Article reviews …

Both Sides Of The Coin: A Decade Of Parallel Proceedings And Enforcement Of Foreign Judgments In Transnational Litigation, Louise Ellen Teitz

Law Faculty Scholarship

No abstract provided.

Cross Burning, Hate Speech, And Free Speech In America, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.