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2005

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Articles 61 - 90 of 4217

Full-Text Articles in Law

Horizontal Federalism In An Age Of Criminal Justice Interconnectedness, Wayne A. Logan Dec 2005

Horizontal Federalism In An Age Of Criminal Justice Interconnectedness, Wayne A. Logan

Scholarly Publications

Despite their status as independent sovereigns, states increasingly exhibit a willingness to interact when it comes to crime control matters. This Article examines the two foremost examples of this phenomenon: criminal recidivist enhancement laws and sex offender registration laws. Both types of laws have been around for decades and have evolved to accommodate ex-offenders, who, consistent with constitutional freedom of movement, can (and often do) change state residences. This effort at accommodation, however, puts states in the unusual position of having to interpret and apply the criminal laws and outcomes of their fellow sovereigns. As the Article makes clear, recidivist ...


Explaining The American Norm Against Litigation, Shawn J. Bayern Dec 2005

Explaining The American Norm Against Litigation, Shawn J. Bayern

Scholarly Publications

In the United States, a social norm discourages people from vindicating at least some of their rights in court. However, if courts are an instrument of justice and of sound public policy-for instance, if they provide fair compensation for injured parties and efficient incentives for potential injurers-then a norm against using courts is puzzling.

This Comment explores and evaluates explanations for the norm against litigation; the Comment's goal is to provide a plausible account of the norm. As such, the Comment is largely descriptive. However, normative implications may follow from my exploration; for instance, to the extent that an ...


Leopold & Morel: A Story Of ‘Free Trade’ And ‘Native Rights’ In The Congo Free State, Padideh Ala'i Dec 2005

Leopold & Morel: A Story Of ‘Free Trade’ And ‘Native Rights’ In The Congo Free State, Padideh Ala'i

Working Papers

This article explores the role of the doctrine of free trade in the creation of the Congo State in 1885 and the relationship between free trade and native rights with respect to the subsequent campaign to reform the colonial administration of the Congo State. On one hand, King Leopold II of Belgium successfully used the rhetoric of free trade and native rights to camouflage his personal ambitions in Africa. He set up international associations with the stated aim of "exploring and civilizing Africa" through "legitimate trade" and "suppression of the slave trade", Leopold convinced the major European powers and the ...


Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni Dec 2005

Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni

Nevada Supreme Court Summaries

Motion to support a stay pending an appeal by security other than a supersedeas bond.


The Immorality Of Textualism, Andrei Marmor Dec 2005

The Immorality Of Textualism, Andrei Marmor

Cornell Law Faculty Publications

No abstract provided.


Expert Testimony In Capital Sentencing: Juror Responses, John H. Montgomery, J. Richard Ciccone, Stephen P. Garvey, Theodore Eisenberg Dec 2005

Expert Testimony In Capital Sentencing: Juror Responses, John H. Montgomery, J. Richard Ciccone, Stephen P. Garvey, Theodore Eisenberg

Cornell Law Faculty Publications

The U.S. Supreme Court, in Furman v. Georgia (1972), held that the death penalty is constitutional only when applied on an individualized basis. The resultant changes in the laws in death penalty states fostered the involvement of psychiatric and psychologic expert witnesses at the sentencing phase of the trial, to testify on two major issues: (1) the mitigating factor of a defendant’s abnormal mental state and (2) the aggravating factor of a defendant’s potential for future violence. This study was an exploration of the responses of capital jurors to psychiatric/psychologic expert testimony during capital sentencing. The ...


Property As Entrance, Eduardo M. Peñalver Dec 2005

Property As Entrance, Eduardo M. Peñalver

Cornell Law Faculty Publications



Share Price As A Poor Criterion For Good Corporate Law, Lynn A. Stout Dec 2005

Share Price As A Poor Criterion For Good Corporate Law, Lynn A. Stout

Cornell Law Faculty Publications

Academics, reformers, and business leaders all yearn for a single, objective, easy-to-read measure of corporate performance that can be used to judge the quality of public corporation law and practice. This collective desire is so powerful that it has led many commentators to grab onto the first marginally plausible candidate: share price.

Contemporary economic and corporate theory, as well as recent business history, nevertheless warn us against unthinking acceptance of share price as a measure of corporate performance. This Essay offers a brief reminder of some of the many reasons why stock prices often fail to reflect true corporate performance ...


Book Review: Legal Writing Advice: Questions And Answers, Lisa Mazzie Hatlen Dec 2005

Book Review: Legal Writing Advice: Questions And Answers, Lisa Mazzie Hatlen

Faculty Publications

No abstract provided.


Alexander Campbell King Law Library Strategic Plan, 2005-2007, University Of Georgia Law Library Dec 2005

Alexander Campbell King Law Library Strategic Plan, 2005-2007, University Of Georgia Law Library

Strategic Plan Documents

This nine page document last revised in December 2005 served as the strategic plan for the University of Georgia School of Law's Library. It contains goals, objectives and strategies. This document served as an approximately three-year guide for the librarians, staff, their services, and library resources. until the next set of revisions took place in March 2007. In 2006 the library did a cumulative review for the first time of the progress so far on this 2005 strategic plan. It is attached here as an additional document. In subsequent years the library would repeat this review process for 2007 ...


Introduction: The Future Of Chapter 11: A Symposium Cosponsored By The American College Of Bankruptcy, Ingrid Michelsen Hillinger Dec 2005

Introduction: The Future Of Chapter 11: A Symposium Cosponsored By The American College Of Bankruptcy, Ingrid Michelsen Hillinger

Boston College Law School Faculty Papers

Professor Ingrid Michelsen Hillinger offers introductory remarks to the Symposium: The Future of Chapter 11, cosponsored by the American College of Bankruptcy and the Boston College Law Review and held at the Boston College Law School on April 22, 2005.


Note: The Lesson Of Lopez: The Political Dynamics Of Federalism's Political Safeguards, Daniel A. Lyons Dec 2005

Note: The Lesson Of Lopez: The Political Dynamics Of Federalism's Political Safeguards, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


Immigrant Entrepreneurs And Neighborhood Revitalization: Studies Of The Allston Village, East Boston And Fields Corner Neighborhoods In Boston, Ramon Borges-Mendez, Michael Liu, Paul Watanabe Dec 2005

Immigrant Entrepreneurs And Neighborhood Revitalization: Studies Of The Allston Village, East Boston And Fields Corner Neighborhoods In Boston, Ramon Borges-Mendez, Michael Liu, Paul Watanabe

Institute for Asian American Studies Publications

Although somewhat later than other major urban areas, Boston has been experiencing fundamental demographic changes. The 2000 Census reported that for the first time non-Hispanic whites constitute a minority of the city’s population. Subsequent Census estimates confirm an even stronger trend toward a rapidly diversifying population.

Immigration has been a major factor in this growth and diversification. A recent report shows that over the last 15 years more than 22,000 new immigrants have annually settled in Massachusetts. The foreign-born as a percentage of the population has grown from 9.4 percent in 1980 to 14.3 percent in ...


How High Do Cartels Raise Prices? Implications For Optimal Cartel Fines, John M. Connor, Robert H. Lande Dec 2005

How High Do Cartels Raise Prices? Implications For Optimal Cartel Fines, John M. Connor, Robert H. Lande

All Faculty Scholarship

This Article examines whether the current penalties in the United States Sentencing Guidelines are set at the appropriate levels to deter cartels optimally The authors analyze two data sets to determine how high on average cartels raise prices. The first consists of every published scholarly economic study of the effects of cartels on prices in individual cases. The second consists of every final verdict in a US. antitrust case in which a neutral finder of fact reported collusive overcharges. They report average overcharges of 49% and 31% for the two data sets, and median overcharges of 25% and 22%. They ...


Fifty Years Of Community Service: A Tribute To Mel Shimm, Barak D. Richman Dec 2005

Fifty Years Of Community Service: A Tribute To Mel Shimm, Barak D. Richman

Faculty Scholarship

No abstract provided.


Summary Of Sampson V. State, 121 Nev. Adv. Op. 80, Denise S. Balboni Dec 2005

Summary Of Sampson V. State, 121 Nev. Adv. Op. 80, Denise S. Balboni

Nevada Supreme Court Summaries

Admission of expert testimony is within the sole discretion of the trial judge. Abuse of discretion does not exist where defense counsel waited until the eighth day of trial to seek to call a newly-named expert witness without sufficient justification for the delay. The Nevada Supreme Court adopts the rule against admission of witness and prosecution comments regarding a defendant’s invocation of Fourth Amendment rights when such evidence is used to support an inference of guilt. When the district court admits such evidence, this Court will determine the existence of reversible error by application of the same test used ...


Comments On Luke Nottage's Paper, Meredith Kolsky Lewis Dec 2005

Comments On Luke Nottage's Paper, Meredith Kolsky Lewis

Journal Articles

No abstract provided.


Familiar Battles For Bioethics: Facing Off Over Transplantation, Paul A. Lombardo Dec 2005

Familiar Battles For Bioethics: Facing Off Over Transplantation, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.


Human-Centric International Law: A Model And A Search For Empirical Indicators, John King Gamble, Charlotte Ku, Chris Strayer Dec 2005

Human-Centric International Law: A Model And A Search For Empirical Indicators, John King Gamble, Charlotte Ku, Chris Strayer

Faculty Scholarship

This Article is the result of the authors' application of an explicit model of the evolving international legal situation and an empirical test using multilateral treaties. The authors examine all the multilateral treaties signed over the last 350 years, about 6000 treaties, and discuss the "humanization" of international law.


Fishing For Adr, David Bryson, Nadja Alexander Dec 2005

Fishing For Adr, David Bryson, Nadja Alexander

Research Collection School Of Law

As the mediation field in Australia and abroad flourishes, so too do publications on the topic. However a plethora of publications has consequences for any academic and professional field. On one hand it means that readers are indulged with a rich array of information, views and opinions; on the other it requires readers to be much more sophisticated and discriminatory in their choice of reading.


The Return Of The Ring: Welfare Reform’S Marriage Cure As The Revival Of Post-Bellum Control, Angela Onwuachi-Willig Dec 2005

The Return Of The Ring: Welfare Reform’S Marriage Cure As The Revival Of Post-Bellum Control, Angela Onwuachi-Willig

Faculty Scholarship

In 1996, the United States Congress began its imposition of a marital solution to poverty when it enacted the Personal Responsibility and Work Opportunity Reconciliation Act ("PRWORA"). Nearly ten years later, Congress has strengthened its commitment to marriage as a cure for welfare dependency with proposals such as the Personal Responsibility, Work, and Family Promotion Act of 2005. If passed, this bill would provide 1.5 billion dollars for pro-marriage programs and require each state to explain how its welfare program will encourage marriage for single mothers who receive public aid. With these proposals, Congress has continued to construct poverty ...


"Anticipatory Self-Defense" And Other Stories, Jeanne M. Woods, James M. Donovan Dec 2005

"Anticipatory Self-Defense" And Other Stories, Jeanne M. Woods, James M. Donovan

Law Faculty Scholarly Articles

We argue that the specious justification for the invasion of Iraq -- a war based on a pretext of anticipatory self-defense -- necessarily exacerbates the inherent tendency of war to dehumanize and humiliate the enemy. This tendency is particularly evident in the variant of anticipatory self-defense that we have denominated as "capacity preemption," a type of claim that by definition depends upon characterizations of the opponent as utterly inhuman.

The Bush Doctrine tells a timeless story of self-defense. This story is shaped by an identifiable and predictable narrative structure, one that is able to transform the morally outrageous -- an unprovoked aggressive war ...


Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo Dec 2005

Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo

Research Collection School Of Law

The Singapore court's power to stay its proceedings by reason of its not being the appropriate forum the proceedings ought not to be continued is underpinned by the common law principle enunciated in The Spiliada that generally a trial should be heard in its natural forum. The Rainbow Joy adds significantly to Singapore law on forum non conveniens on two important points. First, it establishes that it is not necessary to show that the alternative forum abroad is constituted as a court of law. Secondly, the case establishes that whether there is a defense claim on the merits is ...


Lifting Our Veil Of Ignorance: Culture, Constitutionalism, And Women's Human Rights In Post-September 11 America, Catherine Powell Dec 2005

Lifting Our Veil Of Ignorance: Culture, Constitutionalism, And Women's Human Rights In Post-September 11 America, Catherine Powell

Georgetown Law Faculty Publications and Other Works

While we live in an Age of Rights, culture continues to be a major challenge to the human rights project. During the drafting of the Universal Declaration of Human Rights (UDHR) in the 1940s and during the Cold War era, the periodic disputes that erupted over civil and political rights in contrast to economic, social and cultural rights could be read either explicitly or implicitly as a cultural debate.

Gender has figured prominently in this perceived culture clash, for example, with the Bush administration's use of Afghan women as cultural icons in need of liberation--a claim that helped justify ...


Documenting Discrimination In Voting: Judicial Findings Under Section 2 Of The Voting Rights Act Since 1982, Ellen D. Katz, Margaret Aisenbrey, Anna Baldwin, Emma Cheuse, Anna Weisbrodt Dec 2005

Documenting Discrimination In Voting: Judicial Findings Under Section 2 Of The Voting Rights Act Since 1982, Ellen D. Katz, Margaret Aisenbrey, Anna Baldwin, Emma Cheuse, Anna Weisbrodt

Other Publications

This year marks the fortieth anniversary of one of the most remarkable and consequential pieces of congressional legislation ever enacted. The Voting Rights Act of 1965 ("the VRA") targeted massive disfranchisement of African-American citizens in numerous Southern states. It imposed measures drastic in scope and extraordinary in effect. The VRA eliminated the use of literacy tests and other "devices" that Southern jurisdictions had long employed to prevent black residents from registering and voting. The VRA imposed on these jurisdictions onerous obligations to prove to federal officials that proposed changes to their electoral system would not discriminate against minority voters. Resistance ...


Tempest In A Teapot Or Tidal Wave - Cybersquatting Rights And Remedies Run Amok, H. Brian Holland Dec 2005

Tempest In A Teapot Or Tidal Wave - Cybersquatting Rights And Remedies Run Amok, H. Brian Holland

Faculty Scholarship

The conflict at the heart of cybersquatting is in many ways conceptual. To most of its early inhabitants, the Internet embodied a separate and distinct environment --a territory unto itself. As such, it was thought the online world would stand separate from existing governmental power structures premised on the idea of territorial sovereignty. This separateness placed online actors theoretically beyond the authority of established legal systems, whose validity appeared limited by territorial boundaries and the sovereign-subject relationships occurring in the off-line world. Indeed, what many envisioned was an opportunity to create a self-regulating community existing within the "territory" of the ...


Public Health And The Law: Responding To Terrorism And Other Public Health Emergencies In New York, Mark R. Shulman Nov 2005

Public Health And The Law: Responding To Terrorism And Other Public Health Emergencies In New York, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Vol. 29, No. 13 (November 28, 2005) Nov 2005

Vol. 29, No. 13 (November 28, 2005)

Indiana Law Annotated

No abstract provided.


"Boilerplate": An Introduction, Omri Ben-Shahar Nov 2005

"Boilerplate": An Introduction, Omri Ben-Shahar

Law & Economics Working Papers Archive: 2003-2009

This short essay introduces the themes that are developed in twelve articles that were delivered recently in a symposium on “Boilerplate: Foundations of Market Contracts” at the University of Michigan Law School. The proceeding of the symposium will be published in Volume 104 of the Michigan Law Review.


Learning The Wrong Lessons From "An American Tragedy", David Bernstein Nov 2005

Learning The Wrong Lessons From "An American Tragedy", David Bernstein

Law & Economics Working Papers Archive: 2003-2009

This paper is a critique of Margaret Berger and Aaron Twerski, “Uncertainty and Informed Choice: Unmasking Daubert,” forthcoming in the Michigan Law Review. Berger and Twerski propose that courts recognize a cause of action that would allow plaintiffs who claim injury from pharmaceutical products, but who do not have sufficient evidence to prove causation, to recover damages for deprivation of informed choice. Berger and Twerski claim inspiration from the litigation over allegations that the morning sickness drug Bendectin caused birth defects.

Considering the criteria Berger and Twerski suggest for their proposed cause of action in the context of Bendectin, it ...