Law Commons^™

Introduction, Susan Kalinka

Louisiana Law Review

No abstract provided.

Louisiana Taxation Of Businesses: Two Alternative Proposals, James A. Richardson, Susan Kalinka

Louisiana Law Review

No abstract provided.

Louisiana Revised Statutes Section 47:201.1 And The Taxation Of Nonresident Partners: An Alternate Proposal, Susan Kalinka

Louisiana Law Review

No abstract provided.

The Louisiana Hydrocarbon Processing Tax, James C. Exnicios

Louisiana Law Review

No abstract provided.

Knowing When To Walk Away: An Analysis Of Gamblingdebts Under Louisiana Law In Light Of Telerecovery Of Louisiana, Inc. V. Major And Telerecovery Of Louisiana, Inc. V. Gaulon, Lawrence Andrew Melsheimer

Louisiana Law Review

No abstract provided.

Museletter: August 2001, Gail F. Zwirner

Museletter

This Issue:

Welcome New and Returning Students

From Aphrodite to Quarks: Applying for Judicial Clerkships

New Library System - New Fine Structure

Library Policy Reminder

Recent Faculty Publications

One-L Online Legal Research and Bluebook Training (Required)

Courts Should Not Enforce Government Contracts, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Most scholars believe that courts should enforce government contracts, though they disagree about the extent to which liability or damages rules should trade off relevant considerations – the problem of governments holding up contractors, on the one hand, and the problem of governments using contracts in order to defer costs to future governments, on the other hand. These scholars, however, overestimate the ability of courts to affect policy outcomes. Courts cannot increase the welfare of current or future generations by enforcing government contracts. The reason is that enforcing contracts can benefit future generations only by increasing the credibility of their …

Terry Sandalow: Mind And Man, Francis A. Allen

Michigan Law Review

My first encounter with Terry Sandalow occurred in a classroom at the University of Chicago in the fall of 1956. I had just joined that faculty, and Terry, a third-year student, was a member of my class in constitutional law. Early in the course I called on Terry to state the case that was the subject of the morning's discussion. He replied that he had not been able to read the assignment prior to class. The response did not come as a complete surprise since I was dimly aware that he was a member of the law review staff and …

The Teachings Of Professor Sandalow, David Westin

Michigan Law Review

Some courses you took at Michigan Law School because they were required. Some you took just because they sounded interesting. Some you thought were somehow related to what you expected to be doing after graduation. And then there was Federal Courts and the Federal System, taught by Professor Terry Sandalow. That course you took as a challenge - because it was there, and you knew that if you did not take it, you would always wonder how you would have done. I took the challenge in the Fall of 1977. I worked hard and thrived on the experience. For my …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Integration Without Classification: Moving Toward Race-Neutrality In The Pursuit Of Public Elementary And Secondary School Diversity, Paul Diller

Michigan Law Review

Ever since the Supreme Court's invalidation of racially segregated public schools in Brown v. Board of Education, America has wrestled with the challenge of successfully dismantling educational apartheid. In recent years, the federal judiciary has largely retreated from enforcing desegregation in school districts that were once under court supervision for engaging in intentional racial discrimination, finding that the vestiges of past discrimination have been satisfactorily ameliorated. In some such unitary school districts, as well as in districts in which no intentional segregation was ever identified by the courts, boards of education, have voluntarily implemented student assignment plans designed to increase …

How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian

Michigan Law Review

Learned commentators have called the Religious Freedom Restoration Act of 1993 ("RFRA" or "the Act") "perhaps the most unconstitutional statute in the history of the nation" and "the most egregious violation of the separation of powers doctrine in American constitutional history." In the 1997 case of City of Boerne v. Flores, the Supreme Court struck down the Act in its applications to state and local governments, declaring that "RFRA contradicts vital principles necessary to maintain separation of powers and the federal balance." The Act's applications to federal law, however, survived Boerne, which means that plaintiffs with religious freedom claims against …

Editorial Board - Vol. 12, No. 1 Fall 2001

Seton Hall Constitutional Law Journal

No abstract provided.

Three Shots Into A Black Santa That May Unwittingly Start An Overhaul Of America's Criminal System: Apprendi V. New Jersey And The Restructuring Of The Federal Sentencing Guidelines., Adam Shane Caleb Ford

Seton Hall Constitutional Law Journal

No abstract provided.

First Amendment - Right To Free Expression And Free Association - Prisoners Providing Legal Assistance To Fellow Inmates Do Not Possess An Expanded Right To Free Expression - Shaw V. Murphy - 121 S. Ct. 1475 (2001)., Daniel D. Sierchio

Seton Hall Constitutional Law Journal

No abstract provided.

First Amendment - Freedom Of Speech - A Public Elementary School's Exclusion Of A Christian Organization From Meeting On School Grounds Because Of The Organization's Religious Perspective Is Unconstitutional Viewpoint Discrimination - Good News Club V. Milford Central School, 121 S. Ct. 2093 (2001)., Melissa A. Natale

Seton Hall Constitutional Law Journal

No abstract provided.

The Hormesis Challenge For Environmental Health Regulators, Michael S. Baram

Faculty Scholarship

The hormesis hypothesis provides that human, animal or plant exposure to a low external dose of a hazardous chemical substance or physical agent may have beneficial health outcomes'. For example, human exposure to a precisely defined, low external dose of a carcinogenic pollutant in the workplace or ambient environment may lead to an internal dose or concentration, which stimulates a dormant defense mechanism that inhibits the growth of tumors.

High Brow, Lee C. Bollinger

Michigan Law Review

Terry Sandalow has an extraordinary mind, its power suggested by his incredible brow and forehead. (I'm always reminded, in fact, of Melville's description of the massive size of the sperm whale's head as representing its huge intelligence.) By any measure, Terry is very smart, broadly educated, and deeply sensitive to the nuances of life. From my earliest days on the law faculty, I remember being continually impressed, at faculty discussions and seminars, by his illuminating questions and comments and aware of his reputation among students as one of the most intellectually challenging teachers. Colleagues routinely sought his advice and criticism …

The 2001 Sandra Day O'Connor Medal Of Honor Recipient - Greta Van Susteren

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Role Of The Internet In Chinese Foreign And Domestic Affairs, Jean Bowman Leedy

Graduate Program in International Studies Theses & Dissertations

Problem: Rapid dissemination of Internet technology and the free access to information it affords poses a threat to non-democratic states that rely on control of information to maintain power and stability. This is of substantial concern to the Communist regime in The People's Republic of China due to the fact that its repressed population constitutes the fastest growing body of Internet users in the world.

Methods: This paper examines the potential impact of the Internet on Chinese foreign and domestic policy through interpretation of existing literature as it applies to the Internet, interviews with experts studying the emergence of China's …

The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer

Faculty Publications

No abstract provided.

The Allocation Of The Commons: Parking And Stopping On The Commons, Richard A. Epstein

Public Law and Legal Theory Working Papers

The economic forces governing transitions between different property rights regimes has been the source of extensive study since Demsetz’s path breaking 1967 essay, “Toward a Theory of Property Rights.” This paper offers first a general critique of that position, chiefly on the ground that it underestimates the practical difficulties of orchestrating efficient transitions in contexts where strong political forces are at play. Thereafter, the paper explores the movement among various systems that are used to allocate a particular public good, namely parking places on public streets. It examines both bottom-up systems that rely on analogues to the rule of first …

The Irs As Super Creditor, Steve R. Johnson

Scholarly Publications

The IRS is a super creditor in the sense that its efforts to collect tax debts are free of restrictions imposed by state law on other creditors. This principle is no novelty. Several recent developments, though, have involved interesting applications of it. Part I of this article explains the principle. Part II examines recent applications of it.

Re Canada Post Corp And Cupw (106-00-00003), Innis Christie

Innis Christie Collection

This is an award respecting preliminary objections raised by the Employer on matters of timeliness and an assertion that the Arbitrator had already dealt with this matter in two other decisions.

The grievance fails. The Employer's right to object on the basis of timeliness is waived because the Employer dealt with the grievance on its merits, and did not otherwise indicate an objection on timeliness until the eve of the hearing. The Employer's objection based on previous judgement is rejected because the matter in question is one of retained jurisdiction.

Magic Treaties: Public Discourse On Ballistic Missile Defense, Ibpp Editor

International Bulletin of Political Psychology

This article explores public discourse on the fate of the 1972 Anti-Ballistic Missile (ABM) Treaty in the context of developing ballistic missile defenses.

Income Support Policy And The U.S. Child Support System, Jane Koppelman

National Health Policy Forum

This paper examines the economic profile of custodial and noncustodial parents and the status of the federal/state child support enforcement system. It discusses the reasons for the historically low rate of child support collection; the prospects for new computerized systems to improve the rates of both paternities established and payments collected; ways the system can sustain funding; and the extent to which child support payments can improve the well-being of low-income families.

Monitoring Employee E-Mail: Efficient Workplaces Vs. Employee Privacy, Corey A. Ciocchetti

Duke Law & Technology Review

Employer monitoring of electronic mail constitutes an emerging area of the law that is clearly unsettled at this point in time. This iBrief demonstrates that the privacy rights of non public-sector employees are relatively unprotected by the federal and state constitutions, broad judicial interpretations of enacted privacy legislation favor legitimate employer-monitoring practices, and many of the elements of common law claims are difficult for employees to prove.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

The Union contends that the Employer breached the Agreement by depriving employees of a rest day off (RDO), and changing work schedules without the meaningful consultation required by the Agreement. Further, the Union states that the scheduling changes carried out should have fallen under provisions for bidding. The Union asks that the employees affected by compensated by payment of double time for the day in question. The Employer position is that in changing the schedule it had acted within its rights and in accordance with the Agreement, and that it had attempted to conduct meaningful consultations with the Union, and …

Centennial Profile

Alumni Magazines

No abstract provided.

Weapons As Weapons: Another Northern Ireland Impasse, Ibpp Editor

International Bulletin of Political Psychology

This article explores the psychology of weapons possession in the context of political conflict in Northern Ireland.