Law Commons^™

Historic Salvage And The Law Of The Sea, David J. Bederman

University of Miami Inter-American Law Review

No abstract provided.

Defamation, The Free Press, And Latin America: A Roadmap For The Inter-American Court Of Human Rights And Emerging Democracies, Edward J. Pauw, Ari Chaim Shapiro

University of Miami Inter-American Law Review

No abstract provided.

Proportionality And Punishment: Imposing Life Without Parole On Juveniles, Wayne A. Logan

Scholarly Publications

The Eighth Amendment provides that “no cruel and unusual punishment shall be inflicted.” The Supreme Court has interpreted to this to mean a punishment cannot be “grossly disproportionate” to the crime. In this article, the author addresses whether an offender's age should play a role in assessing whether a sentence is “grossly disproportionate.” Specifically, the author addresses the increasingly common practice of imposing life without parole on offenders who are under sixteen years of age at the time they committed their offense, and whether such offenders’ youthful status should play a role in proportionality analysis. The article first provides an …

Table Of Contents - Issue 4, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

The Empire Strikes Back, A. Michael Froomkin

Chicago-Kent Law Review

No abstract provided.

The Myth Of Private Ordering: Rediscovering Legal Realism In Cyberspace, Margaret Jane Radin, R. Polk Wagner

Chicago-Kent Law Review

No abstract provided.

The Internet, Securities Regulation, And Theory Of Law, Tamar Frankel

Chicago-Kent Law Review

No abstract provided.

The New American Caste System: The Supreme Court And Discrimination Among Civil Rights Plaintiffs, Melissa L. Koehn

University of Michigan Journal of Law Reform

Fifteen percent of the decisions issued by the Supreme Court during its 1996-97 Term centered around section 1983. Section 1983 provides civil rights plaintiffs with a procedural mechanism for vindicating their federally protected rights, including those enshrined in the Constitution. The Court's decisions from its 1996-97 Term reflect a continuation of the alarming trend that has permeated section 1983 for the last two decades-a movement to decrease the scope of section 1983, regardless of the impact on constitutional rights. The Supreme Court appears to be creating a hierarchy both of constitutional rights and of plaintiffs: free speech and takings claims …

Of Communists And Anti-Abortion Protestors: The Consequences Of Falling Into The Theoretical Abyss, Christina E. Wells

Faculty Publications

Part I of this article briefly reviews the legal and social context of Dennis and Yates. Parts II and III similarly review Madsen and Schenck in order to show potential parallels to the earlier communist decisions. Part IV further examines both Madsen and Schenck, demonstrating that, from a doctrinal standpoint, they are far removed from the earlier communist cases. Finally, Part V explains how the Court in Madsen and Schenck actually contributed to misconceptions or manipulation of its opinions. Specifically, Part V examines the Madsen and Schenck Courts' approaches to three of the more difficult doctrinal issues facing them--prior restraint, …

Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis Goes Too Far, Andrew S. Gold

Faculty Scholarship

No abstract provided.

Proposed Ninth Circuit Split. The Icebox Cometh: A Former Clerk's View Of The Proposed Ninth Circuit Split, Jennifer E. Spreng

Washington Law Review

Most academic commentators oppose splitting the Ninth Circuit Court of Appeals. They argue that the court's size is a virtue and either deny that the court has size-related problems, such as workload, consistency, and reversal rate, or claim that a split would not address these problems. The U.S. Congress, however, is less sure. It has appointed the Commission on Structural Alternatives for the United States Courts and asked it to study a possible Ninth Circuit split. This Article provides an "insider's view," that of a former elbow clerk, and reveals that a split would significantly decrease the court's workload and …

Proposed Ninth Circuit Split: Response. Malthus And The Court Of Appeals: Another Former Clerk Looks At The Proposed Ninth Circuit Split, Aaron H. Caplan

Washington Law Review

This Article argues that current proposals to split the Ninth Circuit are unnecessary and would be detrimental to judges, law clerks, lawyers, and litigants. Larger circuits offer various benefits, many of them arising from the diversity of cases and judicial personalities on the bench. Splitting the Ninth Circuit would not bring the benefits proponents predict.

Table Of Contents

Southeastern Environmental Law Journal

No abstract provided.

Environmental Traps For Contractors, Leigh Ann K. Epperson

Southeastern Environmental Law Journal

No abstract provided.

Why Congress Should Grant Wilderness Status To The Coastal Plain Of The Arctic National Wildlife Refuge, Danny L. Eidson

Southeastern Environmental Law Journal

No abstract provided.

Recent Developments In Case Law

Southeastern Environmental Law Journal

No abstract provided.

Table Of Contents

South Carolina Law Review

No abstract provided.

Beyond The Camel's Nose: Institutional Liability For Peer Sexual Harassment On Campus, William P. Hoye, William A. Hahn

South Carolina Law Review

No abstract provided.

"Taking Reform" And The Process Of State Legislative Change In The Context Of A "National Movement", F. P. Hubbard

South Carolina Law Review

No abstract provided.

The South Carolina Law Of Torts, Jean H. Toal

South Carolina Law Review

No abstract provided.

F98rs Sgb No. 6 (Entrepreneurs), Ahmad, Marye, Robertson

Student Senate Enrolled Legislation

A BILL

To appropriate One Hundred dollars ($100.00) to the Society of Collegiate Entrepreneurs to help defray the cost of establishing an Association of Collegiate Entrepreneurs (ACE) charter.

F98rs Sgb No. 8 (Lsu Women's Soccer), Roussel

Student Senate Enrolled Legislation

A BILL

To appropriate nine hundred eighteen dollars ($918.00) to the LSU Women’s Club Soccer Team to help defray team expenses by purchasing uniforms.

F98rs Sgb No. 9 (Debate Team), Fenske

Student Senate Enrolled Legislation

A BILL

To appropriate one thousand two hundred eighty-six dollars and ninety-five cents ($1,286.95) to the Louisiana State University Debate Team to help defray the costs of attending the CEDA National Tournament.

F98rs Sgb No. 10 (Naacp Mentoring), White

Student Senate Enrolled Legislation

A BILL

To seven hundred forty dollars ($740.00) to the LSU chapter of the National Association for the Advancement of Colored People (NAACP) to help defray the cost of purchasing curriculum materials to establish a mentoring program at University Terrace Elementary School.

F98rs Sgb No. 4 (Men's Soccer), Impastato, Petrolia

Student Senate Enrolled Legislation

A BILL

To appropriate seven hundred forty-one dollars ($741.00) to the Men’s LSU Soccer Club to help defray the costs of uniforms for the Men’s LSU Soccer Club.

F98rs Sgb No. 11 (Alpha Epsilon Lambda), Harbottle

Student Senate Enrolled Legislation

A BILL

To appropriate one hundred fifty dollars ($150) to the LSU Graduate Student Association to help pay for the chartering of the Louisiana State University Chapter of Alpha Epsilon Lambda, The Honor Society of Graduate and Professional Students.

F98rs Sgr No. 2 (Warren Richey), Senate

Student Senate Enrolled Legislation

A RESOLUTION

To give thanks to one of the individuals most responsible for the success of the Louisiana State University Student Government and the positive impact Student Government has had on the Student Body of LSU, Associate Dean of Students and Student Government Advisor Warren A.“Bud” Richey.

F98rs Sgr No. 3 (Greek Theatre), El Koubi

Student Senate Enrolled Legislation

A RESOLUTION

To encourage the LSU administration, office of facility services, LSU Alumni Association, and academic departments to revitalize the Greek theatre on the campus of

Louisiana State University and A&M College.

F98rs Sgr No. 1 (Recycling), Wood

Student Senate Enrolled Legislation

A RESOLUTION

To request that the Administration, Faculty, Staff, and System of Louisiana State University and A&M College adopt and adhere to policies and practices regarding the use of paper and paper products, and promote further use of post-consumer recycled goods.

F98rs Sgr No. 4 (Sgr No. 1), Wood

Student Senate Enrolled Legislation

A RESOLUTION

To clarify, for the Faculty Senate, Administration, Faculty, Staff and System of Louisiana State University, the LSU A&M Student Senate’s position on recycling issues expressed in SGR No. 1