Law Commons^™

Introduction: Fidelity, Economic Liberty, And 1937, Editors Of The William And Mary Law Review

William & Mary Law Review

No abstract provided.

The Fragmented Liberty Clause, Rebecca L. Brown

William & Mary Law Review

No abstract provided.

Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein

William & Mary Law Review

No abstract provided.

Lost Fidelities, Barry Cushman

William & Mary Law Review

No abstract provided.

The Alaska Marriage Amendment: The People’S Choice On The Last Frontier, Kevin G. Clarkson, David Orgon Coolidge, William C. Duncan

Alaska Law Review

No abstract provided.

Self-Settled Spendthrift Trusts And The Alaska Trust Act: Has Alaska Moved Offshore?, Jeremy M. Veit

Alaska Law Review

No abstract provided.

Journal Staff

Alaska Law Review

No abstract provided.

A Model For Alaska: Deregulation In The Far North, Inara K. Scott

Alaska Law Review

No abstract provided.

Cumulative Index

Alaska Law Review

No abstract provided.

Constitutional Law -- Due Process Clause -- Third Circuit Holds That $50 Million Punitive Damages Award In Context Of A $48 Million Compensatory Award Is Unconstitutionally Excessive -- Inter Medical Supplies, Ltd. V. Ebi Medical Systems, Inc., 181 F.3d 446 (3d Cir. 1999)., A. Benjamin Spencer

Faculty Publications

In 1996, the Supreme Court, in BMW of North America, Inc. v. Gore, struck down a punitive damages award on the ground that it was "grossly excessive" in violation of the Due Process Clause of the Fourteenth Amendment . Since BMW, many courts have faced the challenge of applying its principles to determine whether punitive damages awards surpass the constitutional limit. Last June, in Inter Medical Supplies, Ltd. v. EBI Medical Systems, Inc., the Third Circuit faced this difficulty when it considered whether a $50 million punitive damages award, granted in conjunction with a $48 million compensatory damages award, was …

Will, Judgment, And Economic Liberty: Mr. Justice Souter And The Mistranslation Of The Due Process Clause, Alan J. Meese

William & Mary Law Review

No abstract provided.

Fidelity, Basic Liberties, And The Specter Of Lochner, James E. Fleming

William & Mary Law Review

No abstract provided.

The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis

William & Mary Law Review

No abstract provided.

The Fiscal Powers And The 1930s: Entrenchment, John Harrison

William & Mary Law Review

No abstract provided.

Power, Policy, And The Hyde Amendment: Ensuring Sound Judicial Interpretation Of The Criminal Attorney's Fees Law, Lawrence Judson Welle

William & Mary Law Review

No abstract provided.

Equity Holders' Liability For Limited Liabilities Companies' Unrecoverable Debts—Reflections On Piercing The Corporate Veil Under German Law, Bernd Singhof

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Israel Rejects Its Own Offspring: The International Criminal Court, Ayelet Levy

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Effects Of Intercountry Adoptions On Biological Parents' Rights, Jordana P. Simov

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Sentencing Juveniles For Murder In France And The United States: Are They Juveniles Who Commit Adult Crimes Or Adult Criminals Who Are Juveniles, Jennifer A. Zepeda

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Decisionmaking About General Damages: A Comparison Of Jurors, Judges, And Lawyers, Roselle L. Wissler, Allen J. Hart, Michael J. Saks

Michigan Law Review

Placing important decisions in the hands of the civil jury - made up of ordinary citizens untrained in the law - has long been criticized. For example, Erwin Griswold, law school dean and Solicitor General of the United States, asked, "Why should anyone think that 12 persons brought in from the street, selected in various ways, for their lack of general ability, should have any special capacity for deciding controversies between persons?" And Jerome Frank, law professor, aggressive legal realist, and judge, argued that juries are uncertain, capricious, and unpredictable, ignorant and prejudiced, poor factfinders, gullible, and incapable of following …

Clash Of The Titans: Regulating The Competition Between Established And Emerging Electronic Payment Systems, Jane Kaufman Winn

Articles

This article equates the providers of traditional electronic payment services with the Titans of Greek mythology, and the providers of new electronic payment technologies with the Olympians. Professor Winn concludes, however, that unlike the Titans of Greek mythology, these modern Titans appear to be winning in their battle with the upstart Olympians. This article describes the fundamental characteristics of payment systems, reviews the applicable law, and describes the new technologies that were, until quite recently, expected to displace older electronic payment systems. Professor Winn finds that consumers and merchants, by and large, are happy with the existing regulatory structure. And, …

Liberating Lawyers: Divergent Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson

Duke Law Journal

Professor Atkinson hopes William Faulkner's Intruder in the Dust will replace Harper Lee's To Kill a Mockingbird as our favorite story of lawyerly virtue. In both stories, a white male lawyer and his protege try to free a black man falsely accused of a capital crime. But below these superficial similarities, Professor Atkinson finds fundamental differences. To Kill a Mockingbird, with its father-knows-best attorney, Atticus Pinch, celebrates lawyerly paternalism; Intruder in the Dust, through its aristocratic black hero, Lucas Beauchamp, and his lay allies, challenges the rule of lawyers, if not law itself The first urges us to serve others …

Journal Staff

Duke Law Journal

No abstract provided.

The Vertical Separation Of Powers, Victoria Nourse

Duke Law Journal

Standard understandings of the separation of powers begin with the concept of function. Professor Nourse argues that function alone cannot predict important changes in structural incentives and thus serves as a poor proxy for assessing real risks to governmental structure. To illustrate this point, the Article returns to proposals considered at the Constitutional Convention and considers difficult contemporary cases such as Morrison v. Olson, Clinton v. Jones, and the Supreme Court's more recent federalism decisions. In each instance, function appears to steer us wrong because it fails to understand separation of powers questions as ones of structural incentive and political …

The International Criminal Court: Assessing The Jurisdictional Loopholes In The Rome Statute, Melissa K. Marler

Duke Law Journal

No abstract provided.

How Permanent Became Temporary In Del Monte Dunes, Michael C. Levine

Duke Law Journal

Regulatory takings are like car accidents. They fascinate us. We cannot help slowing down to look. What a disaster, we say to ourselves. We are so glad it did not happen to us. But we wonder if we could be next, We think about who is at fault, who should pay for the damages, and how it all could have been avoided in the first place And we question how the rules of the road could be improved so that such collisions in the future could be averted.

Petitioners' Reply Brief, William H. Meub, Orland Campbell Jr., Richard W. Garnett, Michael Stokes Paulsen

Court Briefs

No. 99-628
Cynthia Andrews v. Vermont Department of Education

On Petition For A Writ Of Certiorari To The Vermont Supreme Court

From the Petitioners' Reply Brief

The question presented in this case is whether the First Amendment allows government to discriminate on the basis of religion in funding school-choice education programs that include private schools. In the Petition, we showed (1) that this issue is nationally important; (2) that this issue is recurrent; and (3) that this issue has generated extraordinary and pervasive conflicts among lower and federal state courts, and between decisions of lower courts and this Court.

Bargaining In The Shadow Of Democracy, David Dana, Susan P. Koniak

Faculty Scholarship

The tobacco industry's gambit did not fail because Congress refused to trade its law-making authority for money. Rather, it failed, at least for the time being, because the parties could not agree on terms. Perhaps another industry (with a better public image than tobacco) will have better luck. Congress may have proved itself a difficult bargaining partner, but it has also demonstrated its willingness to negotiate. Before Congress goes any further down this path or other government entities decide they can bargain their law-making authority for money or other goods, we, as a nation, should consider the wisdom of such …

Imagining The Future: Training Hong Kong Lawyers For The 21 St Century, David N. Smith

Research Collection Yong Pung How School Of Law

Hong Kong must commit itself now to becoming one of the leaders in legal education in Asia and the world. To do so, it must dramatically rethink the structure, process and content of legal education. This will not be easy, but it is essential if Hong Kong is to continue to serve as one of the great centres of finance, trade and technology in the world and if it is to maintain and secure a position of leadership in 21st century China and the Pacific region.