Law Commons^™

The Best And The Brightest: Canadian Law School Admissions, Dawna Tong, W. Wesley Pue

All Faculty Publications

This article assesses the admissions policies commonly employed by law faculties in common law Canada. These faculties rely heavily on admissions criteria and policies developed in the United States and, like their American counterparts, typically admit students on the basis of "index scores" produced by combining Law School Admissions Test (LSAT) performance with Undergraduate Grade Point Average (UGPA). The appropriateness of this American model to the Canadian context has never been rigorously assessed. This raises serious questions as to whether Canadian law school admissions policies serve either of their stated goals of finding the "best" students or of advancing social …

The Naked Land: The Dayton Accords, Property Disputes, And Bosnia's Real Constitution, Timothy W. Waters

Articles by Maurer Faculty

The Dayton Accords have brought peace and stability to Bosnia. Yet the Accords were intended to do more: they were meant to create conditions for the restoration of political unity among Bosnia's factions. On these scores, Dayton has failed. Moreover, there remains a wide rift between the international community's perceptions of the local parties' obligations and those parties' own perceptions and conduct.

One of the most complicated aspects of post-conflict Bosnia is the range of disputes over real property. Hundreds of thousands of people have been displaced, and so far Dayton has proven singularly incapable of creating any meaningful resolution. …

Who’S Afraid Of Functional Claims? Reforming The Patent Law’S §112, ¶ 6 Jurisprudence, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

Running From The Law: Should Bounty Hunters Be Considered State Actors And Thus Subject To Constitutional Restraints?, Andrew D. Patrick

Vanderbilt Law Review

The issue of bounty hunter misconduct catapulted into the public spotlight in September, 1997, when a team of commando-like criminals who claimed to be searching for a bail-jumper gunned down a Phoenix couple in their own bedroom. Though the perpetrators' story was later uncovered as a hoax, and though the men would likely have been convicted of second-degree murder regardless of their profession,s their case and others like it aroused impassioned demands for bounty hunter regulation and, more radically, constitutional restraints on the bail bond industry.

Constitutional protections are applicable only against the government and "state actors." Bounty hunters have …

Separate But Not Sovereign: Reconciling Federal Commandeering Of State Courts, Tonya M. Gray

Vanderbilt Law Review

"The question is not what power the federal government ought to have but what powers in fact have been given by the people." Determining the division of power between the states and the federal government has been a debated issue throughout constitutional jurisprudence. Indeed, "[n]o problem has plagued the nation's constitutional history more." In joining the union, the states relinquished power to the federal government. The states were not left without power, as the Tenth Amendment guarantees that powers not enumerated to the federal government or restricted from the states are retained by the states. The broad language of the …

Amorality And Humanitarianism In Immigration Law, Catherine Dauvergne

All Faculty Publications

The author argues that liberalism does not provide a meaningful standard for assessing whether immigration laws are just. In the absence of a justice standard, immigration laws occupy an amoral realm. Varying strands of liberal theory about membership in society do converge around the humanitarian ideal that some people are so needy that they must be admitted on a moral basis. The humanitarian consensus, however, is unhelpful for most of the broad societal debates about immigration, and is a front for discursive cohesion without any underlying agreement. Humanitarianism is a pragmatic tool for shifting law and policy, but must be …

Interpreting The Income Tax Act - Part 1: Interpretive Doctrines, David G. Duff

All Faculty Publications

This two-part article discusses the various doctrines to which Canadian courts have referred in interpreting the Income Tax Act, evaluates these doctrines, and proposes an alternative "pragmatic" approach that offers a more open, reasoned, and balanced method of statutory interpretation than each of the alternatives otherwise available. Part 1 of the article reviews the four main doctrines applied by Canadian courts in interpreting the Income Tax Act: strict construction, purposive interpretation, the plain meaning rule, and the words-in-total context approach. After the characteristics of each of these four doctrines have been explained, the article examines leading tax cases in which …

Interpreting The Income Tax Act - Part 2: Toward A Pragmatic Approach, David G. Duff

All Faculty Publications

Part 1 of this two-part article reviewed the four main doctrines to which Canadian courts have referred in interpreting the Income Tax Act (strict construction, purposive interpretation, the plain meaning rule, and the words-in-total-context approach) and examined leading cases in which these doctrines have been defined and applied. Part 2 of the article evaluates each of the interpretive doctrines examined in part 1 and develops, as an alternative, an explicitly "pragmatic" approach. This alternative approach builds on the words-in-total-context doctrine by interpreting the words of the Act "in their entire context," having regard to the scheme of the Act, the …

Book Review. Roman Law After The Fall Of Rome, David V. Snyder

Articles by Maurer Faculty

Review of: Stein, Peter, Roman Law in European History. New York: Cambridge University Press, 1999.

In Memoriam: Abram Chayes (1922-2000), Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

On Teaching Mediation, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

The Changing Face Of Privacy Protection In The European Union And The United States, Fred H. Cate

Articles by Maurer Faculty

Among the wide variety of national and multinational legal regimes for protecting privacy, two dominant models have emerged, reflecting two very different approaches to the control of information. The European Union has enacted a sweeping data protection directive that imposes significant restrictions on most data collection, processing, dissemination, and storage activities, not only within Europe, but throughout the world if the data originates in a member state. The United States has taken a very different approach that extensively regulates government processing of data, while facilitating private, market-based initiatives to address private sector data processing.

Under the EU data protection directive, …

Free Exercise, Federalism, And The States As Laboratories, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

The Fruits Of Our Labors: An Empirical Study Of The Distribution Of Income And Job Satisfaction Across The Legal Profession, Kenneth G. Dau-Schmidt, Kaushik Mukhopadhaya

Articles by Maurer Faculty

In this study we undertake a simple empirical analysis to examine the distribution of pecuniary and nonpecuniary benefits across the legal profession. Using the University of Michigan alumni data set, we conduct a series of regressions to examine how the participants' self-reported income and job satisfaction vary across the legal profession according to type of practice, gender, and whether the respondent is black or Hispanic. Regression analysis allows us to undertake this analysis while correcting for the effects of several other variables, including years of practice, hours worked, law school grades, satisfaction with family life, and population of the respondent's …

The Macarthur Coercion Studies: A Wisconsin Perspective, Darold A. Treffert M.D.

Marquette Law Review

No abstract provided.

Fair Use On The Internet: A Fine Line Between Fair And Foul, Kevin Davis

University of San Francisco Law Review

No abstract provided.

And Miles To Go Before I Sleep: The Road To Gender Equity In The California Legal Profession, Maryann Jones

University of San Francisco Law Review

No abstract provided.

How Imperial Is The Supreme Court? An Analysis Of Supreme Court Abortion Doctrine And Popular Will, Michael Vitiello

University of San Francisco Law Review

No abstract provided.

One Strike And You're Out: "Double-Counting" And Dual Use Undermines The Purpose Of California's Three Strikes Law, Shannon Thorne

University of San Francisco Law Review

No abstract provided.

Inequitable Conduct: Persistent Problems And Recommended Resolutions, Scott D. Anderson

Marquette Law Review

No abstract provided.

The Long And Winding Road: Political And Campaign Ethics Rules For Wisconsin Judges, Charles D. Clausen

Marquette Law Review

No abstract provided.

The Fundamental Freedom: Judge John T. Noonan, Jr's Historiography Of Religious Liberty, Charles J. Reid Jr.

Marquette Law Review

No abstract provided.

Underwood Law Library Newsletter, Vol. 10, No. 2 – Spring 1999, Southern Methodist University, Dedman School Of Law, Underwood Law Library

Law Library Newsletter (1989-2006)

No abstract provided.

The Macarthur Risk Assessment Study: Implications For Practice, Research, And Policy, Kirk Heilbrun, Gretchen Witte

Marquette Law Review

No abstract provided.

Foreign Legal Consultants In Wisconsin, Kenneth L. Port

Marquette Law Review

No abstract provided.

Solid Waste Flow Control: The Commerce Clause And Beyond, John H. Turner

MC Law Review

No abstract provided.

Selecting Capital Jurors Uncommmonly Willing To Condemn A Man To Die: Lower Courts' Contradictory Readings Of Wainwright V. Witt And Morgan V. Illinois, John Holdridge

MC Law Review

No abstract provided.

Foreword, Matthew S. Steffey

MC Law Review

Foreword

The Constitutionality Of Warrantless Doorway Arrests, Jack E. Call

MC Law Review

No abstract provided.

Chandler V. Miller: The Civil Liberties Sky Is Not Falling, Mary Jacq Watson

MC Law Review

Notes