Law Commons^™

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2001-2002, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.

News From The Alumni Association (Fall 2001), Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Standing Upright: The Moral And Legal Standing Of Humans And Other Apes, Adam Kolber

Faculty Scholarship

No abstract provided.

When A Clinician Grew In Brooklyn: A Tribute To Kathleen Sullivan, Stacy Caplow, Minna J. Kotkin

Faculty Scholarship

No abstract provided.

Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein

Indiana Law Journal

Addison C. Harris Lecture, November 9,2000.

Museletter: October 2001, Gail F. Zwirner

Museletter

This Issue:

Happy 300,000! by John R. Barden

There's Still Time for Technology Tidbits Brownbags

Reference Source of the Month: The Selden Society Publications by John R. Barden.

September is Virus Awareness Month: What Are Worms? How do I get them? by Kim Wiseman

Law at the Movies: The Glass House by Gail Zwirner

Does Commerce Clause Review Have Perverse Effects?, Adrian Vermeule

Public Law and Legal Theory Working Papers

There is a crucial, although implicit, empirical assumption in the debate about federal judicial review under the affirmative Commerce Clause. The assumption, indulged by many different camps in the debate, is that Commerce Clause review decreases the centralization of policymaking by shifting policy authority to the states. I want to suggest that, on equally plausible empirical assumptions, Commerce Clause review will in fact do just the opposite: it will promote the centralization of public policy at the national level by providing congressional coalitions with ex ante incentives to legislate more broadly, and to create national programs that are more comprehensive, …

Should Municpalities Be Liable For Development-Related Flooding, Steven Frederic Lachman

Natural Resources Journal

No abstract provided.

Introduction To Symposium On Changes In Immigration And Criminal Law, Pamela Goldberg

City University of New York Law Review

No abstract provided.

Association Of The Bar Of The City Of New York: Symposium On Immigration And Criminal Law, Nancy Morawetz

City University of New York Law Review

No abstract provided.

Panel Presentation On Immigration And Criminal Law. Sponsored By The Association Of The Bar Of The City Of New York., Neha Lall, Jen Murray

City University of New York Law Review

No abstract provided.

Oh Righteous Delinquent One: The United States' International Human Rights Double Standard - Explanation, Example, And Avenues For Change, Amy C. Harfeld

City University of New York Law Review

No abstract provided.

Covenants Not To Compete From An Incomplete Contracts Perspective, George Triantis, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Beyond Counting Votes: The Political Economy Of Bush V. Gore, Michael Abramowicz, Maxwell L. Stearns

Vanderbilt Law Review

Journalists covering the 2000 presidential election controversy have had little trouble reconstructing the events of virtually every stage of the post-election process, reporting even privileged conversations among the candidates' lawyers. Yet one critical stage of the process remains shrouded in mystery: the behind-the-scenes events at the Supreme Court, which led to its decision in Bush v. Gore. Investigative reporting has produced only a few suggestive details. The Court has long insisted that it speaks through its opinions, and indeed the Court has left the public with only the Justices' statements at oral argument, and the various opinions themselves, from which …

Threading The Needle: Resolving The Impasse Between Equal Protection And Section 5 Of The Voting Rights Act, Lindsay R. Errickson

Vanderbilt Law Review

When it comes to legislative reapportionment, the Peach State is in a pickle. Consider this: the results of the 1990 census entitled Georgia to an additional representative in the United States Congress, bringing the state's total number of seats to eleven.' In order to comply with the Voting Rights Act of 1965 (the "Voting Rights Act"), the state's legislative district map was re- drawn three times during the 1990s before the legal battle over redistricting finally ground to a halt in 1997. Barely giving the state's General Assembly and the federal courts a chance to catch their collective breath, the …

The Origins And Constitutionality Of State Unit Voting In The Electoral College, Matthew J. Festa

Vanderbilt Law Review

On November 1, 2000, a Joint Resolution was introduced in Congress proposing a constitutional amendment to change the Article II system of electing the President and Vice President' by abolishing the Electoral College. Acknowledging the fact that "there have been more congressionally proposed constitutional amendments on this subject than any other," the sponsoring Senator noted that the issue "could become supremely important in a few days," because "we have the possibility that the winning candidate for President might not win the popular vote in our country.' One prominent legal scholar has described the mere possibility of such an event as …

Optimal Delegation And Decoupling In The Design Of Liability Rules, Ian M. Ayres, Paul M. Goldbart

Michigan Law Review

Calabresi and Melamed began a scholarly revolution by showing that legal entitlements have two readily distinguishable forms of protection: property rules and liability rules. These two archetypal forms protect an entitlement holder's interest in markedly different ways - via deterrence or compensation. Property rules protect entitlements by trying to deter others from taking. Liability rules, on the other hand, protect entitlements not by deterring but by trying to compensate the victim of nonconsensual takings. Accordingly, the compensatory impetus behind liability rules focuses on the takee's welfare - making sure the sanction is sufficient to compensate the takee. The deterrent impetus …

Dissing Congress, Ruth Colker, James J. Brudney

Michigan Law Review

The Supreme Court under Chief Justice Rehnquist's recent leadership has invalidated numerous federal laws, arguably departing from settled precedent to do so. The Rehnquist Court has held that Congress exceeded its constitutional authority in five instances during the 2000-01 Term, on four occasions during the 1999-2000 Term and in a total of twenty-nine cases since the 1994-95 Term. Commentators typically explain these decisions in federalism terms, focusing on the Court's use of its power to protect the States from an overreaching Congress. That explanation is incomplete and, in important respects, unpersuasive. The Rehnquist Court has not been as solicitous of …

When Constitutional Worlds Colide: Resurrecting The Framers' Bill Of Rights And Criminal Procedure, George C. Thomas Iii

Michigan Law Review

For two hundred years, the Supreme Court has been interpreting the Bill of Rights. Imagine Chief Justice John Marshall sitting in the dim, narrow Supreme Court chambers, pondering the interpretation of the Sixth Amendment right to compulsory process in United States v. Burr. Aaron Burr was charged with treason for planning to invade the Louisiana Territory and create a separate government there. To help prepare his defense, Burr wanted to see a letter written by General James Wilkinson to President Jefferson. In ruling on Burr's motion to compel disclosure, Marshall departed from the literal language of the Sixth Amendment - …

Toward A Motivating Factor Test For Individual Disparate Treatment Claims, Benjamin C. Mizer

Michigan Law Review

Nathan Fields, an African-American employee at the New York State Office of Mental Retardation and Developmental Disabilities ("OMRDD"), was in many ways the typical Title VIP employment discrimination plaintiff, with a case that, on its face, suggested both discriminatory and benign actions by his employer. For six years, Fields worked as a maintenance assistant in the electrical shop at OMRDD's Oswald D. Heck Developmental Center ("Heck"). During that time, he twice applied for a promotion, and on each occasion, Heck selected white employees for the position. In addition, Fields claimed that he was discriminatorily singled out for disciplinary treatment, that …

Title Page

South Carolina Law Review

No abstract provided.

Bush V. Gore And Equal Protection, Martin D. Carcieri

South Carolina Law Review

No abstract provided.

Table Of Contents

South Carolina Law Review

No abstract provided.

Floyd Davidson Spence - In Memorium, James H. Hodges

South Carolina Law Review

No abstract provided.

God Bless The Kickoff: School Prayer In South Carolina In The Wake Of Santa Fe V. Doe, Richele Keel Taylor

South Carolina Law Review

No abstract provided.

The New Marital Property Of Employee Stock Options, Tracy A. Thomas

Akron Law Faculty Publications

One of the most valuable assets in a dissolution case today is an employee stock option (ESO). An ESO is a contractual right granted to an employee to purchase the stock of her corporate employer during a designated period of time at a predetermined price. The law, however, has failed to keep up with this modern form of employee compensation and indeed has struggled to understand this new form of property in the context of dividing and distributing marital property. Only fourteen state supreme courts to date have spoken on any aspect of this complex issue, and of these, only …

Nine Shibboleths Of The New Federalism, Marci A. Hamilton

Articles

No abstract provided.

The Diffusion Of Responsibilty In Capital Clemency, Adam M. Gershowitz

Faculty Publications

No abstract provided.

Law Reviews And Their Relevance To Modern Legal Problems, Thomas L. Fowler

Campbell Law Review

No abstract provided.

Once, Twice, Four Times A Felon: North Carolina's Unconstitutional Recidivist Statutes, Jason White

Campbell Law Review

This article will examine actions taken by the North Carolina legislature to address problems posed by recidivist criminal behavior. In particular, the constitutional standing of North Carolina's habitual misdemeanor assault and habitual impaired driving statutes will be evaluated. In order to provide an adequate discussion, the history and general principles of recidivism will be addressed. In addition, the impact of recidivist statutory trends upon constitutional guarantees of double jeopardy will be analyzed. Finally, the article will explain that North Carolina's habitual misdemeanor statutes are standing upon teetering constitutional ground.