Law Commons^™

R.D. Merrill Co. V. State Pollution Control Hearings Bd., 969 P.2d 458 (Wash. 1999), Jennifer Lee

Water Law Review

No abstract provided.

County Of Sawyer Zoning Bd. V. Wisconsin Dep't Of Workforce Dev., 605 N.W.2d 627 (Wis. Ct. App. 1999), Sommer Poole

Water Law Review

No abstract provided.

O-Ton-Kah Park V. Wisconsin Dep't Of Natural Resources, 604 N.W.2d 34 (Wis. Ct. App. 1999), Michael Fischer

Water Law Review

No abstract provided.

Silver Lake Sanitary Dist. V. Wisconsin Dep't Of Natural Resources, No. 99-0620, 1999 Wl 1125252 (Wis. Ct. App. Dec. 9, 1999), Kris A. Zumalt

Water Law Review

No abstract provided.

West V. Marek, 604 N.W.2d 34 (Wis. Ct. App. 1999), M. Elizabeth Lokey

Water Law Review

No abstract provided.

Wisconsin V. Hurley, 604 N.W.2d 35 (Wis. Ct. App. 1999), Michael Fischer

Water Law Review

No abstract provided.

Application For Surface Water Right And Water Storage Right Concerning The Application For Water Rights Of Old Curry Ranch Partnership, In San Miguel County, Colorado, Chip Cutler

Water Law Review

No abstract provided.

Application For Surface Water Rights, In Gunnison County, Colorado., Madoline E.S. Wallace

Water Law Review

No abstract provided.

James N. Corbridge Jr. And Teresa A. Rice, Eds. Vranesh's Colorado Water Law, Amy W. Beatie

Water Law Review

No abstract provided.

Andre Nollkaemper, The Legal Regime For Transboundary Water Pollution: Between Discretion And Constraint, Ryan O. Reimers

Water Law Review

No abstract provided.

Implied Limits On The Legislative Power: The Intellectual Property Clause As An Absolute Constraint On Congress, Suzanna Sherry, Paul J. Heald

Vanderbilt Law School Faculty Publications

Professors Heald and Sherry argue that the language of Article I, Section 8, Clause 8, the Intellectual Property Clause, absolutely constrains Congress's legislative power under certain circumstances. Their analysis begins by looking at other limits on the legislative power that the Court has found in the Bankruptcy Clause, the Eleventh Amendment, the Tenth Amendment, and Article III. Then by examining the history and structure of the Intellectual Property Clause and relevant precedent, they distill four principles of constitutional weight- the Suspect Grant Principle, the Quid Pro Quo Principle, the Authorship Principle, and the Public Domain Principle. These principles inform the …

A World Wide Web Site Of Special Education Law For Educators In Illinois, Roger L. Epperson

Masters Theses

Any educational decision regarding evaluation, placement, or instruction of special education students involves legal liability and accountability for a school district. Without the special education legal knowledge from primary legal sources needed to make prudent education decisions, school districts are vulnerable to legal challenges. Too often, educators provide services to special education students without critical knowledge of the educators' role in the special education legal process.

In this study, just the preliminary phase of constructing a special education law World Wide Web (W3) site for Illinois educators was considered. There were two objectives in this study. The first objective was …

Trust, Trustworthiness, And The Behavioral Foundations Of Corporate Law, Margaret M. Blair, Lynn A. Stout

Vanderbilt Law School Faculty Publications

Conventional legal and economic analysis assumes that opportunistic behavior is discouraged and cooperation encouraged within firms primarily through the use of legal and market incentives. This presumption is embodied in the modern view that the corporation is best described as a "nexus of contracts," a collection of explicit and implicit agreements voluntarily negotiated among the selfishly rational parties who join in the corporate enterprise. In this article we take a different approach. We start from the observation that, in many circumstances, legal and market sanctions provide at best imperfect means of regulating behavior within the firm. We consider an alternate …

Against Diversity, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Congress should repeal 28 U.S.C. § 1332 in its entirety, abolishing diversity jurisdiction altogether.

States Are People Too, Suzanna Sherry

Vanderbilt Law School Faculty Publications

There is a joke making the rounds that purports to explain the Supreme Court's 1998-1999 Term, especially the three federalism cases decided on the last day: The Y2K bug hit the Court six months early, and the Court thought the year was 1900. Like most good jokes, this one has a kernel of truth. The Court's fin de siecle decisions-- both sets of them--seem oddly focused on expanding the constitutional definition of personhood. At the end of the nineteenth century, corporations became people. At the end of the twentieth, it was states. Americans have not always viewed corporations kindly. In …

The Law Professor As Schizophrenic, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Neal Devins says that we don't put political science into our casebooks and Gerald Rosenberg levels the same charge at our scholarship. And so it has fallen to me to defend the ranks of law professors from these scurrilous accusations. Unfortunately, I can't do it: Rosenberg, at least, is largely right. Rosenberg's delightful little polemic has accurately diagnosed the problem. Law professors as a group are too arrogant, too disdainful of empirical information in favor of grand abstractions, and appallingly willing to write in disciplines of which they are woefully ignorant. There are many exceptions, of course: with or without …

Farms, Their Environmental Harms, And Environmental Laws, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Farms are one of the last uncharted frontiers of environmental regulation in the United States. Despite the substantial environmental harms they cause-habitat loss and degradation, soil erosion and sedimentation, water resources depletion, soil and water salinization, agrochemical releases, animal wastes, nonpoint source water pollution, and air pollution-environmental law has given them a virtual license to do so. When combined, the active and passive safe harbors farms enjoy in most environmental laws amount to an anti-law that finds no rational basis given the magnitude of harms farms cause. This paper comprehensively documents the environmental harms farms cause and the safe harbors …

Universal Service In Competitive Retail Electric Power Markets: Whither The Duty To Serve?, Jim Rossi

Vanderbilt Law School Faculty Publications

This article addresses whether traditional service obligations can coexist with retail competition. A rationale often given for universal service obligations in the telecommunications industry is that universal service, by promoting interconnectivity, enhances network system benefits for all customers. While the network economies argument may have worked to sustain universal service in the face of telecommunications deregulation, it is tenuous when applied to the natural gas and electricity industries. Many reformers look askance at the duty to serve in competitive retail utility service markets, often pointing to conflict between retail competition in electricity and the duty to serve. This article argues, …

From Politics To Efficiency In Choice Of Law, Erin O'Connor

Vanderbilt Law School Faculty Publications

This article proposes a comprehensive system for choice of law that is designed to enhance social wealth by focusing on individual rather than governmental interests. To the extent practicable, parties should be able to choose their governing law. In the absence of an explicit agreement, courts should apply rules that facilitate party choice or that select the law the parties likely would have contracted for - that is, the law of the state with the comparative regulatory advantage. The system relies on clear rules that enable the parties to determine, at low cost and ex ante, what law applies to …

Opting Out Of Regulation: A Public Choice Analysis Of Contractual Choice Of Law, Erin O'Connor

Vanderbilt Law School Faculty Publications

This Article uses public choice theory to analyze the function of choice-of-law clauses in contracts. Choice-of-law clauses are now quite common and are increasingly enforced, especially with the proliferation of international and Internet transactions. Because these clauses can be used by parties to avoid regulation, academics are now vigorously debating the extent to which this contractual opt out should be permitted. The Article presents a positive political theory of the interplay of legislative action and the enforcement of choice of law. It demonstrates that the important normative debate over choice of law is somewhat misguided because both sides fail to …

Apres Apprendi, Nancy J. King, Susan R. Klein

Vanderbilt Law School Faculty Publications

The Court in Apprendi v. New Jersey, ___ U.S. ___ (2000), held as a matter of due process that any fact, other than a prior conviction, that increases the penalty for an offense beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt. In a longer forthcoming article, we attempt to answer some of the profound questions raised by the case concerning constitutional oversight of legislative authority to define what is a "crime," questions that will ripen over the years as legislatures look for ways around the rule and litigants test these legislative …

The Wisconsin Diploma Privilege: Try It, You'll Like It, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The big question that the Wisconsin diploma privilege raises is whether waivers into practice upon graduation can work outside the Dairy State. Is Wisconsin simply so unique that its successful experience cannot be replicated elsewhere? My conclusion is that there are certain characteristics that make Wisconsin a good site for the diploma privilege but that those characteristics are shared by several other states. These characteristics include (1) a small state with a relatively small practicing bar; (2) a close relationship between the bar, the judiciary, the legislature, and the law schools within the state; and (3) great regard between the …

Framing Frivolous Litigation: A Psychological Theory, Chris Guthrie

Vanderbilt Law School Faculty Publications

This Article uses an often-overlooked component of prospect theory to develop a positive theory of frivolous or low-probability litigation. The proposed Frivolous Framing Theory posits that the decision frame in frivolous litigation induces risk-seeking behavior in plaintiffs and risk averse behavior in defendants. Because plaintiffs in frivolous litigation have a greater tolerance for risk than the defendants they have sued, plaintiffs in frivolous litigation have "psychological leverage" in settlement negotiations, which is likely to lead to plaintiff-friendly settlements or bargaining impasse. This in turn, suggests that reformers concerned about frivolous litigation should target reform efforts at plaintiffs' decisionmaking in frivolous …

Shared Constitutional Interpretation, Michael C. Dorf, Barry Friedman

Cornell Law Faculty Publications

In United States v. Dickerson the Supreme Court reaffirmed its decision in Miranda v. Arizona, stating that it was a 'constitutional decision' and, thus, not subject to congressional overruling. At the same time, the Dickerson Court reiterated Miranda's "invitation" to "Congress and the States to . . . search for . . . other procedures which are at least as effective" as the Court's prescribed warnings in protecting the suspect's rights.

This article uses Dickerson as a lens through which to examine the possibilities of shared constitutional interpretation. After all, the Court that decided Dickerson has, in recent years, been …

Current Trends In Illegal Reentry Cases, Stephen W. Yale-Loehr, Rachel J. Valente

Cornell Law Faculty Publications

As the Immigration and Naturalization Service (INS) begins removing more and more aliens, a growing number are reentering illegally after their removal. Many of those reentering do not realize that by doing so they are committing a crime. The case law in this area is quite complex and fraught with constitutional considerations. This article provides an overview of the crime of illegal reentry under Immigration and Nationality Act (INA) § 276.

Recent Developments: Huffman V. State: Home Improvement Contractors Operating Without A License Are Subject To Prosecution For Each Individual Transaction, Christopher Mason

University of Baltimore Law Forum

No abstract provided.

Forum Faces: The Honorable Peter B. Krauser

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Housing Authority Of Baltimore City V. Bennett: Statutory Cap On Damages Does Not Apply To Tort Claims Directly Against Local Governments, Tiffany M. Turner

University of Baltimore Law Forum

No abstract provided.

The Products Liability Restatement In The Courts: An Initial Assessment, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

The Future Of Civil Justice Reform And Empirical Legal Scholarship: A Reply, Michael Heise

Cornell Law Faculty Publications

No abstract provided.