Law Commons^™

S00rs Sgb No. 13 (Constitution), Impastato, Jeansonne

Student Senate Enrolled Legislation

A BILL

To amend Article III, Sections 1 & 3-7 of the LSU A&M Student Government Constitution as they pertain to the office of the Vice President of Student Government.

S00rs Sgb No. 14 (Women's Rugby), Rader

Student Senate Enrolled Legislation

A BILL

To appropriate one thousand thirty-seven dollars and fifty-nine cents ($1037.59) to the LSU Women’s Rugby Football Club to help defray the cost of traveling expenses and tournament fees.

Bringing Structure To The Law Of Injunctions Against Expression, Christina E. Wells

Faculty Publications

Part I of this Article reviews the Court's cases regarding injunctions against speech, focusing first on the increasing elevation of rhetoric (as opposed to analysis) in the Court's prior restraint decisions. Part I also reviews the Court's other decisions involving injunctions and demonstrates that they too contain little, if any, analysis concerning the appropriateness of injunctive relief against expression. Part II examines Madsen's interaction with the Court's previous decisions and discusses how Madsen furthers the incoherence of the Court's previous cases. Part III explains that content discrimination principles, although superficially attractive, are inappropriate with injunctive relief because the content-based/content-neutral distinction's …

Application Of The Uniform Commercial Code To Option Contracts For The Sale Of Goods, And Implying Promises To Find Sufficient Consideration: Why And How The North Carolina Supreme Court Got It Wrong In Fordham V. Eason, James T. Newman Jr.

Campbell Law Review

The North Carolina Supreme Court rarely ventures into cases involving contract disputes. However, in Fordham v. Eason, the court granted discretionary review to decide which of two logging companies had title to certain timber that each company had separately bargained for. In its analysis, the court's discussion of consideration was incomplete. Further, the court erred by refusing to apply the Uniform Commercial Code to an option contract for the sale of timber. This article explores the mistakes in the Fordham opinion and examines why the court will probably have to reevaluate its decision at some point in the future.

Gender On The Line: Technology, Restructuring And The Reorganization Of Work In The Call Centre Industry, Policy Report, Ruth Buchanan, Sara Koch-Schulte

Commissioned Reports, Studies and Public Policy Documents

This project, a case study of the emerging call centre industry in Canada, examines the impacts of restructuring on those in the lower tiers of the labour market. The first stage of the study surveyed managers at call centres in three sites in Canada: New Brunswick (St. John, Moncton and Fredericton), Winnipeg, Manitoba, and Toronto, Ontario. Issues surveyed included types of call centre applications, labour force composition (age, gender, race and disability), wage rates, hiring, training and promotion. The survey results clearly established that women and youth make up the majority of the call centre work force across Canada. The …

Faith On The Bench: The Role Of Religious Belief In The Criminal Sentencing Decisions Of Judges, Mark B. Greenlee

University of Dayton Law Review

No abstract provided.

The "In Writing" Requirement For Copyright And Patent Transfers: Are The Circuits In Conflict?, Robert A. Kreiss

University of Dayton Law Review

No abstract provided.

Free Trade Area Of The Americas: Is It Desirable?, David M. Gilmore

University of Miami Inter-American Law Review

No abstract provided.

Colombia: The Ignored Humanitarian Crisis, Alexandra De La Asuncion

University of Miami Inter-American Law Review

No abstract provided.

Museletter: October 2000, Gail F. Zwirner

Museletter

Table of Contents:

In the Public Eye: Meet the Public Services Staff by James Wirrell

Library Hours

Websites of the Month: Election 2000 by Gail F. Zwirner

Lexis/Westlaw Update

News from Dr. Catalog: When Was That Law Journal Really Published? by Sally Wambold

Police Accountability And Early Warning Systems: Developing Policies And Programs, Geoffrey P. Alpert, Samuel Walker

Faculty Publications

The identification of police officers who have potential problems has emerged as a popular approach for curbing police misconduct and achieving accountability. Early warning (EW) systems are data-driven programs whose purpose is to identify officers whose behavior is problematic and to subject those officers to some kind of intervention, often in the form of counseling or training. Because of their potential for providing timely data on officer performance and giving police managers a framework for correcting unacceptable performance, early warning systems are consistent with the new demands for performance evaluation raised by community policing and the effective strategic management of …

Amenability To Jurisdiction As A "Substantive Right": The Invalidity Of Rule 4(K) Under The Rules Enabling Act, Leslie M. Kelleher

Indiana Law Journal

No abstract provided.

Unidentified Orbital Debris: The Case For A Market-Share Liability Regime, Mark J. Sundahl

Law Faculty Articles and Essays

As the volume of debris in the planet's orbit continues to grow, the risks and costs associated with orbital collisions are taking their toll on the space industry. The United Nations Convention on International Liability for Damage Caused by Space Objects seeks to address this modern day tragedy of the commons, yet it applies only to large, identifiable pieces of orbital debris. As most debris consists of small fragments, the source of which cannot be identified, the U.N. Convention is limited in its effect.

This Note addresses the problem of assigning liability for harm caused by unidentified orbital debris. It …

The New Face Of The Clean Water Act: A Critical Review Of The Epa’S New Tmdl Rules, James Boyd

Duke Environmental Law & Policy Forum

No abstract provided.

Regulatory Improvement Legislation: Risk Assessment, Cost-Benefit Analysis, And Judicial Review, Fred Anderson, Mary Ann Chirba-Martin, E. Donald Elliott, Cynthia Farina

Duke Environmental Law & Policy Forum

No abstract provided.

Performance Indicators For Natural Resource And Environmental Policy: Contributions From American Institutional Law And Economics, Nicholas Mercuro, Michael D. Kaplowitz

Duke Environmental Law & Policy Forum

No abstract provided.

Is That All? A Review Of The National Environmental Policy Act, An Agenda For The Future, By Lynton Keith Caldwell, Oliver A. Houck

Duke Environmental Law & Policy Forum

No abstract provided.

Internet Casinos: A Sure Bet For Money Laundering, Jon L. Mills

UF Law Faculty Publications

Since the end of World War II, American society has seen the emergence of technology promising to make life easier, better and longer lasting. The more recent explosion of the Internet is fulfilling the dreams of the high-tech pundits as it provides global real-time communication links and makes the world's knowledge universally available. Privacy concerns surrounding the develop-ment of the Internet have mounted, and in response, service providers and web site operators have enabled web users to conduct transactions in nearly complete anonymity. While anonymity respects individual privacy, anonymity also facilitates criminal activities needing secrecy. One such activity is money …

Teaching Contracts From A Socioeconomic Perspective, Jeffrey L. Harrison

UF Law Faculty Publications

This essay begins with a brief discussion of what socioeconomics is. In this section I also address whether one must be well versed in conventional economics in order to apply a socioeconomic perspective. I then discuss the basic themes that are present throughout my contracts class that stem from my interest in socioeconomics. Underlying these themes is the more fundamental goal of devising methodologies for assessing the quality of contracts. By quality, I mean something more and perhaps more subtle than whether the parties have conformed to all the formal requirements. Instead, I encourage students to examine whether all of …

Puerto Rico: Cultural Nation, American Colony, Pedro A. Malavet

UF Law Faculty Publications

As a matter of law, Puerto Rico has been a colony for an uninterrupted period of over five hundred years. In modern times, colonialism—the status of a polity with a definable territory that lacks sovereignty because legal/political authority is exercised by a peoples distinguishable from the inhabitants of the colonized region—is the only legal status that the isla (island) has known. This Article posits that Puerto Rico's colonial status—particularly its intrinsic legal and social constructs of second-class citizenship for Puerto Ricans—is incompatible with contemporary law or a sensible theory of justice and morality.

Puerto Ricans, as United States citizens by …

Breaking The Glass Slipper: Reflections On The Self-Employment Tax, Patricia E. Dilley

UF Law Faculty Publications

Lawmakers and their staffs, in drafting tax legislation, often resemble Prince Charming looking for Cinderella with that glass slipper in hand -- rather than start from scratch and draft a completely new tax provision. It is frequently easier, faster, and more reassuring to taxpayers and tax practitioners to use an existing statute or approach and simply amend it slightly to make it fit the need of the new provision. However, problems can arise from this approach.

In the original Grimm Brothers' version of the Cinderella story, for example, the wicked stepsisters were each so anxious to be the chosen one …

Foreword: Toward A Multicultural Theory Of Property Rights, Danaya C. Wright

UF Law Faculty Publications

This panel, sponsored by the Minority group and Property Sections of the AALS for the January, 2000 annual meeting, was composed of an exciting group of scholars critically analyzing traditional theories of property and current distribution of resources. The panel, entitled "Reviewing the Legacy of Liberalism: Life, Liberty, and the Pursuit of Happiness -- Linking Property to Rights," challenged traditional notions of property rights, from a discussion of the gender implications of African property law, to a critique of traditional analyses of Johnson v. M'Intosh, to property as heteronormative. Because the articles provide so much rich and thought-provoking material, …

Law, Culture, And Equality - Human Rights' Influence On Domestic Norms: The Case Of Women In The Americas, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay originated with a panel on Alternatives to the Regular Courts that took place during the first Legal and Policy Issues in the Americas conference sponsored by the University of Florida Levin College of Law. Some of the possible alternatives to the courts, in the trade field, that have been discussed include mediation, arbitration, constitutional courts and binational dispute panels. This essay reflects upon another alternative to domestic courts that progressively and increasingly is also being invoked in the trade context: international and regional human rights regimes.

I specifically will review the Inter-American Human Rights System to ascertain the …

Afterword – Straightness As Property: Back To The Future-Law And Status In The 21st Century, Symposium: Liberalism And Property Rights, Berta E. Hernández-Truyol, Shelbi D. Day

UF Law Faculty Publications

As is evident from the other works in this Symposium, throughout history in both the United States and the greater Western World, status-based exclusion of individuals and groups from property rights has been central to the existence of political and social hierarchies. Specifically, exclusion based on status — whether it be nationality, culture, race, sex or sexuality — has plagued our history and has been integral in the formation and development of both constitutional and property law regimes. Consequently, both regimes are at best uneven in the grant and distribution of rights and benefits.

A forward-looking examination of the link …

The First Amendment In The New Millennium: How A Shifting Paradigm Threatens The First Amendment And Free Speech, Sandra F. Chance

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Arkansas's Nondelegation Doctrine: The Arkansas Supreme Court Defines A Limit On The Delegation Of Legislative Authority To A Private Party. Leathers V. Gulf Rice Arkansas, Inc., 338 Ark. 425, 994 S.W.2d 481 (1999)., Benjamin Mccorkle

University of Arkansas at Little Rock Law Review

No abstract provided.

Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric B. Easton

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—First Amendment—Does The Right To Free Speech Trump The Right To Worship? Olmer V. City Of Lincoln, 192 F.3d 1176 (8th Cir. 1999)., Patti Stanley

University of Arkansas at Little Rock Law Review

No abstract provided.

Introduction: The Ben J. Altheimer Symposium: Media Law And Ethics Enter The 21st Century, Richard J. Peltz

University of Arkansas at Little Rock Law Review

No abstract provided.

The New World Of News Media, David Broder

University of Arkansas at Little Rock Law Review

No abstract provided.