Law Commons^™

Engaging Communication In Conflict : Systemic Practice By Stephen W Littlejohn And Kathy Domenici, Sage Publications, 2000., Ganesh T Jejurikar

IIMB Management Review

The book is well structured and flows smoothly from Part I to Part IV spread over eight chapters. It contains theory, conceptualisation, metaphors, methodology and live examples without jargon and motherhood statements. The beauty of the book is in its simplicity and brevity. The authors opine that “conflicts can be made and abandoned, occupied for a time and reshaped, renewed, refurbished andrebuilt.” Though the authors comment in the preface that, “Human beings have trouble managing the very difference that makes them human,” the book is full of optimism and conveys confidence and trust in the inherent strength of human beings …

The Legal Aspects Of Knowledge Management, T S Suresh

IIMB Management Review

No abstract provided.

Introduction To The Symposium: The Judicial Process Appointments Process, Carly Van Orman

William & Mary Bill of Rights Journal

No abstract provided.

Comparing Judicial Selection Systems, Lee Epstein, Jack C. Knight, Olga Shvetsova

William & Mary Bill of Rights Journal

No abstract provided.

The Aba's Role In Prescreening Federal Judicial Candidates: Are We Ready To Give Up On The Lawyers?, Laura E. Little

William & Mary Bill of Rights Journal

No abstract provided.

The Questioning Of Lower Federal Court Nominees At Senate Confirmation Hearings, William Ross

William & Mary Bill of Rights Journal

No abstract provided.

Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh

William & Mary Bill of Rights Journal

The Religious Land Use and Institutionalized Persons Act of 2000 was Congress 'response to the Supreme Court's striking down of the Religious Freedom Restoration Act in City of Boerne v. Flores. In promulgating the Religious Land Use and Institutionalized Persons Act, Congress, inter alia, sought to protect the free exercise of religion from excessive governmental meddling while remedying discrimination suffered by religious individuals and groups in the area of land use. In dealing solely with land use provisions of the RLUIPA, the author argues that the Religious Land Use and lnstitutionalized Person Act is unconstitutional because it violates the Establishment …

Politics And Personalities In The Federal Appointments Process, Christopher L. Eisgruber

William & Mary Bill of Rights Journal

Michael Gerhardt's latest book, The Federal Appointments Process, examines historically both the politics and procedures employed by the president and Congress in selecting, and ultimately appointing, judicial nominees. In this book review, Professor Christopher Eisgruber focuses on some of Gerhardt's most salient observations and illustrates the degree to which the historical trends Gerhardt describes impact current appointment practices.

Roundtable Panel Iii: Digital Audio, Michael Carlinsky, Steven Fabrizio, Katherine Forrest, Nic Garnett

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Imperial Sovereign: Sovereign Immunity & The Ada, Judith Olans Brown, Wendy E. Parmet

University of Michigan Journal of Law Reform

Professors Brown and Parmet examine the impact of the Supreme Court's resurrection of state sovereign immunity on the rights of individuals protected by the Americans with Disabilities Act in light of the recent decision, Board of Trustees of the University of Alabama v. Garrett. Placing Garrett within the context of the Rehnquist Court's evolving reallocation of state and federal authority, they argue that the Court has relied upon a mythic and dangerous notion of sovereignty that is foreign to the Framers' understanding. Brown and Parmet go on to show that, by determining that federalism compels constraining congressional power to …

"What's Good Is Bad, What's Bad Is Good, You'll Find Out When You Reach The Top, You're On The Bottom": Are The Americans With Disabilities Act (And Olmstead V. L. C.) Anything More Than "Idiot Wind?", Michael L. Perlin

University of Michigan Journal of Law Reform

Mental disability law is contaminated by "sanism, " an irrational prejudice similar to such other irrational prejudices as racism and sexism. The passage of the Americans with Disabilities Act (ADA)-a statute that focused specifically on questions of stereotyping and stigma-appeared at first to offer an opportunity to deal frontally with sanist attitudes and, optimally, to restructure the way that citizens with mental disabilities were dealt with by the remainder of society. However, in its first decade, the ADA did not prove to be a panacea for such persons. The Supreme Court's 1999 decision in Olmstead v. L.C. - ruling that …

Welcome 2001 Symposium – Fair Use, Public Domain Or Piracy… Should The Digital Exchange Of Copyrighted Works Be Permitted Or Prevented?, Christopher Pennisi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Westside Mothers And Medicaid: Will This Mean The End Of Private Enforcement Of Federal Funding Conditions Using Section 1983?, Michael A. Platt

American University Law Review

No abstract provided.

Communis Opinio And The Methods Of Statutory Interpretation: Interpreting Law Or Changing Law, Michael P. Healy

Law Faculty Scholarly Articles

Interpretive methodology lies at the core of the Supreme Court's persistent modern debate about statutory interpretation. Supreme Court Justices have applied two fundamentally different methods of interpretation. One is the formalist method, which seeks to promote rule-of-law values and purports to constrain the discretion of judges by limiting them to the autonomous legal text. The second is the nonformalist or antiformalist method, which may consider the legislature's intent or purpose or other evidence as context for understanding the statutory text. The debate within the current Court is commonly framed and advanced by Justices Stevens and Scalia. Justice Scalia is now …

Title Page, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Table Of Contents--Issue 1, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Engendered By Technologies, Anita Bernstein

North Carolina Law Review

No abstract provided.

Non-Obvious Made Obviousinventiveness, Innovation, Ipr And The Scientific Enterprise, Pavan K Mamidi

IIMB Management Review

No abstract provided.

Who Suffered Antitrust Injury In The Microsoft Case?, John E. Lopatka, William H. Page

UF Law Faculty Publications

Most of the popular and scholarly discussions of Microsoft have focused on whether the defendant violated the law and, if so, whether the remedial order was appropriate. Never far from the surface in all of these discussions, however, has been the prospect of private antitrust suits that would inevitably follow a government victory. Indeed, numerous consumer class actions were filed against Microsoft in the wake of the District Court's issuance of its findings of fact. Should the District Court's decisions on liability stand, Microsoft can expect to face other suits by a variety of actors, including competitors, original equipment manufacturers …

The Future Of Campaign Finance Reform Laws In The Courts And In Congress, Elizabeth Garrett

Public Law and Legal Theory Working Papers

No abstract provided.

Does Internet Gambling Strengthen The U.S. Economy? Don't Bet On It, Ryan D. Hammer

Federal Communications Law Journal

Commercial gambling in the United States is a mammoth industry. In the past few decades, the United States developed from a country with few gambling options to one permitting some form of legalized gambling in almost every state. Presently, a new wave of technology affects this industry. Legislators and regulators must deal with the phenomenon of Internet gambling. This Note asserts that Internet gambling must be curbed to lessen its negative impact on the American economy. Many state and local governments are dependent on tax revenues associated with traditional forms of gambling. Internet gambling not only deprives the economy of …

A Tale Of Three Cities: “Diverse And Antagonistic” Information In Situations Of Local Newspaper/Broadcast Cross-Ownership, David Pritchard

Federal Communications Law Journal

For more than half a century, a desire for "diverse and antagonistic sources" has been a fundamental principle of communications policy in the United States. Many question, however, whether current FCC policies intended to foster diversity of news and views in the content of the mass media actually do so. Nowhere is this issue raised more starkly than with respect to the Commission's controversial 1975 rule that prohibited the common ownership of a daily newspaper and a broadcast station in the same market. This Article examines the results of a study of diversity of information and viewpoints about the 2000 …

The Lexus And Olive Tree Of Global Communications, Donna Gregg

Federal Communications Law Journal

Book Review: International Communications: Continuity and Change, Daya Kishan Thussu, Oxford University Press, Inc., 2000, 342 pages.

Daya Kishan Thussu's International Communication: Continuity and Change, presents a comprehensive and thoroughly readable overview of the significant global impact of communication from ancient times to the Internet era. The book describes major technological, political, cultural, and commercial breakthroughs and trends, and explains how each has helped to make the world a smaller place. While acknowledging the demonstrated potential of modern communication technology to effect revolutionary change in all corners of the globe, the book also recognizes certain enduring cultural and economic forces …

Masthead Vol.54 No.1 (2001)

Federal Communications Law Journal

No abstract provided.

An Uphill Battle: The Difficulty Of Deterring And Detecting Perpetrators Of Internet Stock Fraud, Byron D. Hittle

Federal Communications Law Journal

This Note argues that because of the limited resources of the SEC, the demanding requirements to prove misrepresentation, the current lack of cooperation between federal and state securities regulators, and a perverse admiration for fraud masterminds, illegal stock price manipulators will continue to profit from unsuspecting investors. Various measures to curb Internet fraud, however, are currently being pondered by industry experts. Among the most effective and realistic are, in order: increasing investor education and awareness, increasing the SEC's "firepower," increasing penalties and jail time for offenders, furthering coordination of federal and state efforts, and creating a "seal of approval" for …

Chandler V. United States: Does The Defense Attorney Have A Legal Obligation To Present Mitigation Evidence In Eleventh Circuit Death Penalty Cases?, Bill Cristman

Georgia State University Law Review

No abstract provided.

Judicial Exploitation Of Mens Rea Confusion, At Common Law And Under The Model Penal Code, Robert Batey

Georgia State University Law Review

No abstract provided.

Riaa V. Napster: The Struggle To Protect Copyrights In The Internet Age, Russell P. Beets

Georgia State University Law Review

No abstract provided.

The Federally Supported Health Center Assistance Act: National Malpractice Insurance And How It Works, Don A. Dennis

Georgia State University Law Review

No abstract provided.