Law Commons^™

Assets In Wonderland: The Irs's Inconsistent Policy On Software Costs, Vsevolod L. Maksin

Cardozo Law Review

No abstract provided.

Protection In The United States For “Famous Marks”: The Federal Trademark Dilution Act Revisited, Edward E. Vassallo, Maryanne Dickey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Leave No Stone Unturned: The Search For Art Stolen By The Nazis And The Legal Rules Governing Restitution Of Stolen Art, Kelly Diane Walton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Financing Plaintiffs' Lawsuits: An Increasingly Popular (And Legal) Business, Susan Lorde Martin

University of Michigan Journal of Law Reform

In the late eighties and early nineties there were a few publicized cases in which the plaintiffs invited investors to finance their litigation in exchange for a share of the awards if the plaintiffs won. This kind of arrangement provides access to the justice system which might otherwise be denied impecunious plaintiffs with meritorious claims. The problem with this kind of arrangement is that it is champerty, which is prohibited in most states. This Article discusses Massachusetts' recent rejection of the champerty prohibition, the expansion of exceptions to the prohibition in this country and others, and the emergence of firms …

Creating A Seamless Transition From Jury Box To Jury Room For More Effective Decision Making, Annie King Phillips

University of Michigan Journal of Law Reform

Why am I writing here? I am not a judge or lawyer, and I may never be. I don't even play one on TV. In searching for an answer to this question, it came to mind that at sometime in everyone's life, there is a need to enter the court system-as a victim, offender, witness, court staff or juror. The interactions among these persons impact the effective administration of justice in our court system. Every two years for the past eighteen years (like the tick of a clock), I am summoned to jury duty at either the District of Columbia …

The Rise And Fall Of Affirmative Action Injury Selection, Avern Cohn, David R. Sherwood

University of Michigan Journal of Law Reform

The U.S. District Court for the Eastern District of Michigan has historically experienced difficulty in achieving jury compositions that truly represented the surrounding community. In response, the Authors share their insight as to how the court instituted a "balancing" program. By reducing the number of white names in the jury wheel, the balancing program successfully incorporated more minorities into the jury system. The Authors further discuss the Sixth Circuit decision, United States v. Ovalle, which marked the end of the balancing program.

The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder

University of Michigan Journal of Law Reform

After the verdicts in the OJ Simpson and Stacey Koon/Laurence Powell cases, many in the press explained the juries' acquittals as instances of jury nullification. However these were unlikely to have been instances of nullification, particularly because the jurors explained that their verdicts were based on reasonable doubt. One motivation for these false claims of jury nullification was the homogeneity of the juries-a largely African-American jury in the case of Simpson and a largely white jury in the case of Koon/Powell. Nullification became the term by which press and public attempted to discredit verdicts rendered by juries they distrusted. A …

The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula L. Hannaford, G. Thomas Munslerman

University of Michigan Journal of Law Reform

In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines and evaluates the theoretical, legal, and policy issues raised by this reform and presents the early results of afield experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experiences, and reactions during trial as well as what they perceived to be the benefits and drawback of juror discussions. The data revealed that the majority of …

Should The Tax Law Require Current Accrual Of Interest On Derivative Financial Instruments?, David A. Weisbach

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

The Offense: Interpreting The Indictment Requirement In 21 U.S.C. § 851, Christopher Serkin

Michigan Law Review

Congress enacted the Comprehensive Drug Abuse Prevention and Control Act of 1970 ("the Act") to unify and rationalize its treatment of drug offenses. The Act was an enormous piece of legislation, requiring months of congressional hearings before it was passed. Today, the Act encompasses over 150 sections of title 21 of the U.S. Code and regulates behavior ranging from manufacturing and mislabeling to prescribing controlled substances. Like any piece of complex legislation, the Act has spawned its share of litigation. One controversy has defied satisfactory resolution: the meaning of the innocuous phrase, "the offense," in section 851(a)(2). The statute's structure …

Recovering The Original Fourth Amendment, Thomas Y. Davies

Michigan Law Review

Claims regarding the original or intended meaning of constitutional texts are commonplace in constitutional argument and analysis. All such claims are subject to an implicit validity criterion - only historically authentic assertions should matter. The rub is that the original meaning commonly attributed to a constitutional text may not be authentic. The historical Fourth Amendment is a case in point. If American judges, lawyers, or law teachers were asked what the Framers intended when they adopted the Fourth Amendment, they would likely answer that the Framers intended that all searches and seizures conducted by government officers must be reasonable given …

Brief Of The National Association Of Criminal Defense Lawyers As Amicus Curiae In Support Of Petitioner, Lisa Kemler, Richard W. Garnett

Court Briefs

No. 99-116
Jeffrey Allan Fischer v. United States of America

On Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit

From the Summary of the Argument

We agree with the Petitioner that the Court of Appeals misread Section 666(b). Section 666 was designed to protect the integrity of federal funds by outlawing bribery in connection with the administration of those funds, and the plain meaning of the language the statute employs is adequate to achieve that purpose. The Court of Appeals, on the other hand, exploded the well defined limits that the statute's text imposes …

Brief Amicus Curiae Of The Society Of Catholic Social Scientists In Support Of Respondent, Stephen M. Krason, Richard W. Garnett

Court Briefs

No. 99-138
Jenifer Troxel v. Tommie Granville

On Writ Of Certiorari To The Supreme Court Of Washington

From the Summary of the Argument

The fundamental rights of parents to direct and control the upbringing of their children and the autonomy of the family have been recognized time and again by this Court. These rights and this autonomy are not creatures of positive law, but are grounded in the natural moral order. The family is the "building block" of civil society and has as its natural end, or telos, the nurturing and development of flourishing human persons and good citizens. …

Systemic Environmental Analysis Of The Legal Mechanisms For Controlling Air Pollution In The Las Vegas Valley, Richard Little

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study examines the air pollution control structure for the Las Vegas Valley. A System Dynamics computer model was created that represents the structure of the real world system for controlling air pollution, in order to examine how the current air pollution control system might behave in the future.

The Religious Liberty Protection Act: The National League Of Cities' Perspective, Susan M. Parnas

Cardozo Law Review

No abstract provided.

Rfra: A Comedy Of Necessary And Proper Errors, Eugene Gressman

Cardozo Law Review

No abstract provided.

The Case Against Legislative Codification Of Religious Liberty, Ira C. Lupu

Cardozo Law Review

No abstract provided.

Effect Of A Statutory Religious Freedom Strict Scrutiny Standard On The Enforcement Of State And Local Civil Rights Laws, Christopher E. Anders, Rose A. Saxe

Cardozo Law Review

No abstract provided.

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Escaping Athlete Agent Statutory Regulation: Loopholes And Constitutional Defectiveness Based On Tri-Parte Classification Of Athletes, Rob Remis, Diane Sudia

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Antitrust Law - Salary Cap - An Athletic Association Regulation That Limits The Salary Of Coaches Is An Unreasonable Restraint On The Free Market And Cannot Be Justified On The Grounds That It Promotes Competition - Law V. Ncaa, 134 F.3d 1010 (10th Cir. 1998)., Thomas Rowland

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Editorial Board - Vol. 9, No. 1 1999

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Are Professional Athletes Better Served By A Lawyer-Representative Than An Agent? Ask Grant Hill, Stacey M. Nahrwold

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Current And Proposed Federal Regulation Of Professional Boxing, Jonathan S. Mcelroy

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Educational Necessity Or Simple Discrimination: The Ncaa's Initial Eligibility Standards And Prop. 16, Michael Thompson

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

A Change Must Come: All Racial Barriers Precluding Minority Representation In Managerial Positions On Professional Sports Teams Must Be Eliminated, Michael Corey Dawson

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Civil Rights - Americans With Disabilities Act - The Pga Is Subject To The Ada Because It Is Not A Private Club And Its Tournaments Are Places Of Public Accommodation - Martin V. Pga Tour Inc., 994 F. Supp. 1242 (D. Or. 1998)., Tracy Elizabeth Walsh

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Editorial Board - Vol. 9, No. 2 1999

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen

William & Mary Law Review

No abstract provided.