Law Commons^™

Multiple Victim Public Shootings, Bombings, And Right-To-Carry Concealed Handgun Laws: Contrasting Private And Public Law Enforcement, John Lott, William M. Landes

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Rethinking Cost-Benefit Analysis, Eric A. Posner, Matthew D. Adler

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Renegotiation And Secured Credit: Explaining The Equity Of Redemption, Marshall E. Tracht

Vanderbilt Law Review

"In general, all persons able to contract are permitted to determine and control their own legal relations by any agreements which are not illegal, or opposed to good morals or to public policy; but the mortgage forms a marked exception to this principle."'

I. INTRODUCTION "Once a mortgage, always a mortgage." This cryptic comment, oft-repeated, summarizes a central tenet of mortgage law: The equity of redemption is essential, immutable, and unwaivable. In other words, every mortgage borrower has the right, at any time after default, to redeem the collateral by repaying the debt until the lender has completed a "foreclosure" …

Property And Economic Liberty As Civil Rights: The Magisterial History Of James W. Ely, Jr., Douglas W. Kmiec

Vanderbilt Law Review

This formidable six-volume collection by respected Vanderbilt legal historian, James W. Ely, Jr., is a paean to property as a civil right. The argument of the volumes is made through selected essays by multiple authors, covering colonial time to the present day. It is property, Ely writes in the series introduction, that secures individual autonomy from government coercion, prevents an over-concentration of political authority generally, and encourages investment and economic development., Ely knows the main lesson of history is remembering. The vast literature on the institution of private property, until now, was not sufficiently culled, digested, and assembled, however, to …

Asserting The Seventh Amendment: An Argument For The Right To A Jury Trial When Only Back Pay Is Sought Under The Americans With Disabilities Act, Robert L. Strayer, Ii

Vanderbilt Law Review

Juries usually decide whether a defendant's conduct in a tort suit conforms to the standard required by law.' The jury provides a source of community values when it decides the reasonableness of a party's conduct. The jury performs an important role in this regard on issues invoking community values, where judges and juries most frequently come to different conclusions.

The Americans with Disabilities Act ("ADA) creates a right to sue for disability-based discrimination and to recover damages similar to those in a tort suit. Among other issues, a jury may decide if an employer made reasonable accommodations for a disabled …

Technology As A Panacea: Why Pregnancy-Related Problems Should Be Defined Without Regard To Mitigating Measures Under The Ada, Jessica L. Wilson

Vanderbilt Law Review

In Gabriel v. City of Chicago, the Northern District of Illinois held that, while pregnancy is not a per se disability under the Americans with Disabilities Act ("ADA"),' pregnancy-related problems can be considered disabilities under the ADA. The holding in Gabriel, however, was not unique, as many other district courts have reached the same conclusion regarding pregnancy-related problems. The real question in cases such as Gabriel is whether the pregnancy-related problem at issue constitutes a disability under the ADA. This question requires an analysis of whether the pregnancy-related problem is a physical impairment that substantially limits a major life activity …

Prenatal Genetic Testing And Its Impact On Incidence Of Abortion: A Comparative Analysis Of China And Ireland, Stacy Klein

Cardozo Journal of International and Comparative Law

The note examines how cultural, political, and religious ideologies influence the use and regulation of prenatal genetic testing in China and Ireland, highlighting their contrasting approaches. China's liberal policies, driven by population control and economic considerations, contrast sharply with Ireland's conservative stance, rooted in Catholic teachings. The analysis critiques both countries' approaches against the ethical guidelines set by the NIH Workshop, emphasizing the need for a balanced regulatory framework that respects individual autonomy and cultural values.

Table Of Contents

South Carolina Law Review

No abstract provided.

The Role Of Civility In Appellate Advocacy, Rhesa H. Barksdale

South Carolina Law Review

No abstract provided.

The Role Of The Prosectuor In Juvenile Justice: Advocacy In The Courtroom And Leadership In The Community, James C. Backstrom

South Carolina Law Review

No abstract provided.

The Road To The Virtual Courtroom? A Consideration Of Today's--And Tomorrow's--High-Technology Courtrooms, Jack B. Lederer

South Carolina Law Review

No abstract provided.

The Worst Jury Argument I Ever Made, Alex Sanders

South Carolina Law Review

No abstract provided.

The Art Of Advocacy In A Changing World, E. O. Ayscue Jr.

South Carolina Law Review

No abstract provided.

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 7, Iss. 1

Cardozo Journal of International and Comparative Law

No abstract provided.

Judge Without Jury: Diplock Trials In The Adversary System, Carol Daugherty Rasnic

Cardozo Journal of International and Comparative Law

No abstract provided.

International Trade And Commerce: A Bridge For The Israelipalestinian Peace, Amir H. Khoury

Cardozo Journal of International and Comparative Law

The article examines the legal and economic framework governing trade between Israel and the Palestinian Authority (PA), emphasizing the critical role of trade in advancing the peace process. While the Declaration of Principles on Interim Self-Government Arrangements (DOP) and the Economic Protocol established foundational principles for economic cooperation, ambiguities in these agreements and practical challenges, such as border closures, hinder effective trade relations. The article argues that addressing these issues is essential to fostering economic interdependence and mutual benefit, which are key to sustaining peace and coexistence between Israelis and Palestinians.

Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod

Scholarly Works

Over thirty years ago, Marshall Shapo coined the term "constitutional tort" to denote a suit brought against an official, charging a constitutional violation and seeking damages. In the years since Shapo's pathbreaking article, the number of such suits has grown exponentially. The suits have generated a host of new substantive and remedial issues, yet conventional casebooks on constitutional law and federal courts give little attention to the area. That Professor Shapiro had four books to include in his review of "Civil Rights" casebooks in the Seattle University Law Review is some indication of a demand for teaching materials currently unmet …

Praxis And Pedagogy: Domestic Violence, Cynthia Grant Bowman, Eden Kusmiersky

Cornell Law Faculty Publications

No abstract provided.

Of Textualism, Party Autonomy, And Good Faith, Michael P. Van Alstine

William & Mary Law Review

No abstract provided.

Fighting The Devil We Don't Know: Kansas V. Hendricks, A Case Study Exploring The Civilization Of Criminal Punishment And Its Ineffectiveness In Preventing Child Sexual Abuse, Cynthia A. King

William & Mary Law Review

No abstract provided.

Customary International Law And International Human Rights Litigation In United States Courts: Revitalizing The Legacy Of The Paquete Habana, Kathleen M. Kedian

William & Mary Law Review

No abstract provided.

Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler

William & Mary Law Review

No abstract provided.

Arbitration And Reform In Private Securities Litigation: Dealing With The Meritorious As Well As The Frivolous, Steven A. Ramirez

William & Mary Law Review

No abstract provided.

Foreword, Neil Vidmar

Law and Contemporary Problems

No abstract provided.

Decline Of The “Little Parliament”: Juries And Jury Reform In England And Wales, Sally Lloyd-Bostock, Cheryl Thomas

Law and Contemporary Problems

Lloyd-Bostock and Thomas take a historical look at the English jury and place the jury and jury reform in the context of the English legal and political system.

The American Criminal Jury, Nancy Jean King

Law and Contemporary Problems

King describes the American criminal jury, focusing on those aspects of the institution that distinguish it from juries in other parts of the world.

Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman

Law and Contemporary Problems

The recent history of juries in Australia reveals an interesting clash between the endeavours of state and territory governments to reduce the costs associated with jury trial by various means and the determination of the High Court of Australia to reassert the traditional values and features of jury trial.

The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young

Law and Contemporary Problems

In New Zealand, the recent history of the jury has been one of fairly steady decline. This is particularly so of the civil jury, which has become virtually extinct with little realistic prospect of revival.

The Canadian Criminal Jury: Searching For A Middle Ground, Neil Vidmar

Law and Contemporary Problems

Vidmar discusses the history of the Canadian jury and develops a profile of the Canadian jury today. The law and rationale behind the procedures involved in the "Bernardo" trial are also described.

The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley

Law and Contemporary Problems

Jackson et al discuss the distinctive features of criminal trial by jury in Ireland, both north and south, to explain how the jury continues to survive within modern Ireland and how it also has managed to decline in significance.