Law Commons^™

Financing Development And The Desperate Need For Debt Relief, Robin Goldberg

NYLS Journal of Human Rights

No abstract provided.

The Un And The Global Compact, Alexis M. Taylor

NYLS Journal of Human Rights

No abstract provided.

The Blurred Line Between Aiding Progress And Sanctioning Abuse: United States Appropriations, The Unfpa And Family Planning In The P.R.C., Tara A. Gellman

NYLS Journal of Human Rights

No abstract provided.

Voice Of Justice: Promoting Fairness Through Appointed Counsel For Immigrant Children, Sharon Finkel

NYLS Journal of Human Rights

No abstract provided.

Last Gasp Estate Planning: The Formation Of Family Limited Liability Entities Shortly Before Death, Walter D. Schwidetzky

All Faculty Scholarship

Family limited partnerships have been popular gift and estate tax planning vehicles for many years. In recent years, family limited liability companies (LLCs) have also become common, particularly in those states that have updated their statutes to take the check-the-box regulations into account. LLCs with more than one member are usually classified as partnerships for federal income tax purposes. In a typical structure, when there is adequate planning, the donors form a limited partnership or an LLC (jointly, 'family limited liability entity' or FLLE), to which they contribute assets expected to appreciate in value. This article will focus on such …

Court Review: Volume 38, Issue 2 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 2 - Recent Criminal Decisions Of The United States Supreme Court: The 2000-2001 Term, Charles H. Whitebread

Court Review: Journal of the American Judges Association

The United States Supreme Court’s 2000-2001 term will always be remembered for the Court’s role in deciding the outcome of the contemporaneous presidential election. Despite the notoriety of that decision, the rest of the term was relatively uneventful. Marked by recurrent split decisions, the Court addressed significant issues regarding an individual’s Fourth Amendment rights in the face of technological advance and law enforcement authority, the death penalty, and other topics of criminal procedure.

Court Review: Volume 38, Issue 2 - Editor's Note

Court Review: Journal of the American Judges Association

In early July, when I opened the Sunday New York Times, I was surprised to see a front- page article devoted to whether legal citations in court opinions should appear in text or be placed in footnotes. Before the end of the day— thanks to the modern miracle of e-mail and people so driven that they are online on Sundays—both Bryan Garner and Judge Richard Posner, each among the best writers the legal world has known, had agreed to write articles on this topic for Court Review. The next day, Justice Rodney Davis joined the group and the debate over …

Court Review: Volume 38, Issue 3 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 2 - First Things First: The Lost Art Of Summarizing, Joseph Kimble

Court Review: Journal of the American Judges Association

If you value clarity, if you insist on lighting the way for your reader, then you’ll provide good summaries where they belong in just about every piece of legal writing: up front. You should always have one at the beginning or near the beginning, and if you’re dealing with multiple issues, you should have one at the beginning of each issue. Call them what you will—summaries, overviews, brief answers, thesis statements, synopses—they are central to clear writing:

A vast amount of empirical research has studied the effects of overviews on learning from written prose. The research support for this principle …

Court Review: Volume 38, Issue 2 - Against Footnotes, Richard A. Posner

Court Review: Journal of the American Judges Association

The obvious objection to footnotes is that they force the reader to interrupt the reading of the text with glances down to the bottom of the page. They prevent continuous reading. In doing so they make the reader work harder for the same information. In articles, which are (in law anyway) usually much longer than judicial opinions, and a fortiori in books, bringing citations into the text would elongate the text unduly. But opinions, as I say, usually are short; the two opinions of mine that Garner quotes from in his article are only 1,300 and 2,700 words respectively, while …

Court Review: Volume 38, Issue 2 - Extrajudicial Speech: Navigating Perils And Avoiding Pitfalls, William G. Ross

Court Review: Journal of the American Judges Association

In its biting opinion, the U.S. Court of Appeals for the District of Columbia castigated Judge Jackson for giving media interviews and public speeches in which he made remarkably astringent remarks about Microsoft. Among his more colorful comments, the judge mused that Bill Gates had Napoleonic hubris and he likened the break-up of Microsoft to swatting a recalcitrant mule with a two-by-four. Among his more potentially prejudicial remarks were his speculation to reporters— before his order splitting Microsoft—that ‘a break-up is inevitable” and his post-trial comments disparaging the credibility of trial witnesses.

Court Review: Volume 38, Issue 2 - The President's Column, Bonnie Sudderth

Court Review: Journal of the American Judges Association

Every day, all across the United States, Canada, and Mexico, judges go about the business of dispensing justice. But absolute justice, like any other ideal, can never be fully realized, because its achievement would require human infallability. Nevertheless, while it may never be fully realized on this earth, the quest for justice is an endeavor of the noblest order. For judges in courts of law and equity, it is the ultimate endeavor of our profession. It is upon that endeavor that our system of justice is premised, and without which our system of justice would fail.

Court Review: Volume 38, Issue 2 - Clearing The Cobwebs From Judicial Opinions, Bryan A. Garner

Court Review: Journal of the American Judges Association

Ipropose that judges, in their opinions, put citations in footnotes and generally abstain from using substantive footnotes. And I propose that courts adopt a rule that brief writers may single-space footnotes if they contain only citations (or parentheticals coupled with citations) but must double space all footnotes that contain sentences. These simple proposals, if widely adopted, would promote better writing within the legal profession by encouraging legal writers to:
• Use shorter sentences.
• Compose paragraphs that are more coherent and forceful.
• Lead their readers to focus on ideas, not numbers.
• Lay bare poor writing and poor thinking. …

Notre Dame Lawyer - Summer 2001, Notre Dame Law School

Notre Dame Lawyer

Bridging Our Past and Our Future
The Search for Space

FACULTY PROFILE: Charles E. Rice

Alan Gunn Delivers Inaugural Lecture

REUNION 2001

LAW SCHOOL GRADUATION HIGHLIGHTS

Appellate Practice And Procedure, William M. Droze, Suzanne F. Sturdivant

Mercer Law Review

In 2000 the United States Court of Appeals for the Eleventh Circuit was called upon to decide high profile and difficult issues. It helped determine the fate of young Elian Gonzalez and the course of President Bush and former Vice President Al Gore's legal battles for the presidency. Yet some of these decisions-and many others-turned on less sensational procedural questions. This Article examines the role that procedural issues have played in the court's recent opinions. It is intended to help practitioners gauge trends in the court's approach to interlocutory matters; timeliness of notice of appeal and presentation of argument; the …

Reeves V. Sanderson Plumbing Products: Stemming The Tide Of Motions For Summary Judgment And Motions For Judgment As A Matter Of Law, Trevor K. Ross

Mercer Law Review

In Reeves v. Sanderson Plumbing Products, Inc., the Supreme Court addressed the evidentiary burdens required of a plaintiff in an ADEA case, holding that evidence leading the fact finder to reject the defendant's proffered legitimate nondiscriminatory reasons together with the elements of a prima facie case may meet a plaintiff's burden to show intentional discrimination. Additionally, the Court at last set forth the way in which judges may consider a motion for judgment as a matter of law without weighing the evidence, holding that a court should consider all the nonmovant's evidence drawing all reasonable inferences in favor of …

Evidence, Marc T. Treadwell

Mercer Law Review

This survey marks the fifteenth year the author has surveyed Eleventh Circuit evidence decisions. This survey year saw the continuation of what has become a clear trend in Eleventh Circuit evidence decisions. In stark contrast to the days when the Eleventh Circuit, and other courts, rigorously examined district court evidentiary decisions and freely reversed those decisions, the Eleventh Circuit now carefully defers to district judges. The reason for this trend can be debated. Perhaps, given that most evidentiary issues addressed by the Eleventh Circuit arise in the context of criminal cases, Eleventh Circuit judges are today more conservative and thus …

Trial Practice And Procedure, Philip W. Savrin

Mercer Law Review

This Article surveys the year 2000 decisions of the Eleventh Circuit Court of Appeals that have a significant impact on issues relating to trial practice and procedure.

• Constitutional Torts
• Removal Jurisdiction
• Intervention
• Jurisdiction
• Prison Litigation Reform Act
• Abstention and Removal of Bankruptcy Proceedings

Corporate Caveat Emptor: Minority Shareholder Rights In Mexico, Chile, Brazil, Venezuela And Argentina, Jose W. Fernandez, Antonio Delpino, Jose Lau Dan, Rafael Diaz-Granados

University of Miami Inter-American Law Review

No abstract provided.

Public Service Summer Fellowships 2001, Nova Southeastern

Shepard Broad College of Law Course Catalogs

No abstract provided.

Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck

Faculty Publications

The United States Supreme Court is surely guilty of making the matter of religion and the First Amendment harder than it ought to be. But it is others who have kept the debate over church/state relations either poisoned with culture-war rhetoric or so shrouded in mystery that seemingly only experts can untangle the juris-prudential snarls. By surrounding this venerable Amendment with a pseudocomplexity concerning the matter of religion these disinformation specialists create confusion, and confusion begets opportunities for further distortion and manipulation. Disagreements over the free exercise of religion and the no-establishment thereof are far simpler to resolve than these …

E-Proxies For Sale? Corporate Vote-Buying In The Internet Age, Douglas R. Cole

Washington Law Review

Advances in electronic communications technology promise to invigorate shareholder voting as a viable tool for corporate governance, for example by decreasing the cost, and thereby increasing the frequency and effectiveness, of proxy fights. Increased use of shareholder voting, though, forces renewed focus on issues related to the shareholder voting process. One such issue is vote-buying. Traditionally, courts have treated vote-buying in the corporate context as per se illegal. More recently, however, courts have relaxed their attitude toward such transactions, a move generally applauded by commentators. This article argues that the newfound judicial acceptance of vote-buying is problematic, at least for …

In The Litigation Business: Insurance Company Liability For Acts Occurring In The Course Of Litigation Under The Washington Consumer Protection Act, Kasey D. Huebner

Washington Law Review

Insurance companies generally have much greater bargaining power and resources than individual insureds When a claim by an insured against an insurance company fails to settle amicably and is followed by a lawsuit, the insured has few options should the insurance company behave unfairly or deceptively in the course of the litigation. The Washington Consumer Protection Act protects consumers from deceptive and bad faith acts by businesses, including insurance companies Although Washington courts have created a general exception disallowing CPA suits for acts occurring in the course of litigation, Washington case law has not directly or clearly addressed whether this …

Closing A Discrimination Loophole: Using Title Vii's Anti-Retaliation Provision To Prevent Employers From Requiring Unlawful Arbitration Agreements As Conditions Of Continued Employment, Sidney Charlotte Reynolds

Washington Law Review

Courts have long viewed mandatory arbitration agreements (MAAs) as contract provisions that employees may accept or decline based on the common law doctrine of employment at-will. However, employees may see such MAAs as attempts to curtail Title VII rights and may refuse to sign them. Title VII prohibits employers from retaliating against employees who oppose discriminatory employment practices. A legal loophole has developed where some employers seek explicitly or implicitly to exempt themselves from Title VII's provisions by drafting MAAs that eliminate statutory rights and remedies from the arbitration process or deter employees from filing discrimination claims altogether. The U.S. …

Has Florida Won Or Lost The Battle By Eliminating Section 90.803(4) As An Alternative Tool In Prosecuting Child Sexual Abuse?, Celina E. Contreras

University of Miami Law Review

No abstract provided.

Experts, Carl E. Schneider

Articles

George Bernard Shaw famously said that all professions are conspiracies against the laity. Less famously, less elegantly, but at least as accurately, Andrew Abbott argued that professions are conspiracies against each other. Professions compete for authority to do work and for authority over work. The umpire in these skirmishes and sieges is the government, for the state holds the gift of monopoly and the power to regulate it. In Abbott's terms, "bioethics" is contesting medicine's power to influence the way doctors treat patients. If it follows the classic pattern, bioethics will solicit work and authority by recruiting government's power. A …

In Re Renshaw: "Extensions Of Credit" By An Educational Institution -- Are They Exempt From Discharge Under Section 523(A)(8) Of The Bankruptcy Code?, F. S. Mcqueen

South Carolina Law Review

No abstract provided.

Mcqueen V. South Carolina Costal Council: Misinterpreting Lucas, Nikki Lee

South Carolina Law Review

No abstract provided.

Should Limited Liability Company Membership Interests Be Treated As Securities In South Carolina?, James J. Mayberry

South Carolina Law Review

No abstract provided.