Law Commons^™

Federal Versus State Jurisdiction And Limitattions Versus Laches In Songwriter Disputes: The Split Among The Federal Circuits In Let The Good Times Roll, Why Do Fools Fall In Love, And Joy To The World, Don E. Tomlinson

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Remedies For Victims Of Terrorism, Georgene Vairo

Loyola of Los Angeles Law Review

No abstract provided.

Sacrificing Burma To Save Free Trade: The Burma Freedom Act And The World Trade Organization, Adrienne S. Khorasanee

Loyola of Los Angeles Law Review

No abstract provided.

Rights Inside Out: The Case Of The Women's Human Rights Campaign, Annelise Riles

Cornell Law Faculty Publications

This essay traces the relationship between activists and academics involved in the campaign for “women’s rights as human rights” as a case study of the relationship between different classes of what I call “knowledge professionals” self-consciously acting in a transnational domain. The puzzle that animates this essay is the following: how was it that at the very moment at which a critique of “rights” and a reimagination of rights as “rights talk” proved to be such fertile ground for academic scholarship did the same “rights” prove to be an equally fertile ground for activist networking and lobbying activities? The paper …

Trial Outcomes And Demographics: Is There A Bronx Effect?, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

Minorities favor injured plaintiffs and give them inflated awards. This folk wisdom in the legal community influences choice of trial locale and the screening of jurors. A Los Angeles court is said to be known by local lawyers as "the bank" because of the frequency and size of its anti-corporate awards. A newspaper article summarizing court results suggests, somewhat jokingly, that the "Bronx County Courthouse should post a warning: People who get sued here run an increased risk of suffering staggering losses." Beliefs about the influence of factors other than race, such as income and urbanization, also are common.

This …

Reconciling Experimental Incoherence With Real-World Coherence In Punitive Damages, Theodore Eisenberg, Jeffrey J. Rachlinski, Martin T. Wells

Cornell Law Faculty Publications

Experimental evidence generated in controlled laboratory studies suggests that the legal system in general, and punitive damages awards in particular, should display an incoherent pattern. According to the prediction, inexperienced decisionmakers, such as juries, should fail to convert their qualitative judgments of defendants' conduct into consistent, meaningful dollar amounts. This Article tests this prediction and finds modest support for the thesis that experience across different types of cases will lead to greater consistency in awards. Despite this support, numerous studies of damage awards in real cases detect a generally sensible pattern of damage awards. This Article tries to reconcile the …

Foreword, Jeffrey S. Lehman

Cornell Law Faculty Publications

No abstract provided.

Military Tribunals And Legal Culture: What A Difference Sixty Years Makes, Cass R. Sunstein, Jack L. Goldsmith

Public Law and Legal Theory Working Papers

No abstract provided.

Reception Of The Common Law In Missouri: Section 1.010 As Interpreted By The Supreme Court Of Missouri, Joseph Fred Benson

Missouri Law Review

This is an article of first impression, the very essence of which is to explore the meaning of Missouri’s reception statute of the common law as embodied within the four corners of Missouri Revised Statutes Section 1.010. How we think of our reception statute and the meaning of the “common law” will, to a degree, shape the future of the law, its institutions, and ultimately our lives. Missouri’s reception of the common law is codified under Missouri Revised Statutes Section 1.010 (2000). This Article discusses the significance of the phrase “fourth year of the reign of James the First” in …

Universities And Other Institutions Of Higher Learning Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

Detention, Material Witnesses & (And) The War On Terrorism, Laurie L. Levenson

Loyola of Los Angeles Law Review

No abstract provided.

The Morality Of Terrorism, Theodore P. Seto

Loyola of Los Angeles Law Review

No abstract provided.

Exorcising Tombstone's Evil Spirits: Eradicating Vigilante Ranch Enterprises Through Public Interest Litigation, Robert F. Castro

Minnesota Journal of Law & Inequality

No abstract provided.

The Demise Of Anonymity: A Constitutional Challenge To The Convention On Cybercrime, Albert I. Aldesco

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Legal Development Of Taiwan In The 20th Century: Toward A Liberal And Democratic Country, Tay-Sheng Wang

Washington International Law Journal

This article was originally presented as The Development of Taiwan's Legal Systems: Towards a Western-style Law, CONFERENCE ON TAIWAN IN THE 20TH CENTURY: A RETROSPECTIVE VIEW, in THE CHINA QUARTERLY AND THE GOVERNMENT INFORMATION OFFICE, R.O.C., (Taipei, Dec. 14-15, 1999). When I wrote that piece, no one could imagine that the Council of Grand Justices would find the newly-amended constitutional provisions unconstitutional, that the National Assembly would be virtually abolished, and that the opposition party would win the presidential election for the first time in Taiwan's history. This revised version of course has taken these crucial events into account. …

Returnees From South America: Japan's Model For Legal Multiculturalism?, Claire J. Hur

Washington International Law Journal

In response to Japan's increasing labor shortage, the Japanese government in 1990 enacted an extensive set of amendments to its restrictive Immigration Control and Refugee Recognition Act to allow for a controlled but broader method of regulating legal entry of foreign workers into Japan. Significant among those amendments are the provisions granting long-term resident status to persons of Japanese descent entering from abroad and the provisions offering additional rights to foreign-born spouses and children of Japanese nationals. These provisions are mainly targeted at descendants of Japanese who emigrated to South America ("Nikkeijin"). While most of the existing literature …

Cafos: Issues And Development Of New Waste Treatment Technology, Cm Williams

Penn State Environmental Law Review (1991 - 2011)

No abstract provided.

Behavioral Finance And Investor Governance, Lawrence A. Cunningham

Washington and Lee Law Review

No abstract provided.

Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick

Washington and Lee Law Review

No abstract provided.

Don't Forget What We're Fighting For: Will The Fourth Amendment Be A Casualty Of The War On Terror?, Heath H. Galloway

Washington and Lee Law Review

No abstract provided.

Judicial Minimalism And The National Dialogue On Immigration: The Constitutional Avoidance Doctrine In Zadvydas V. Davis, Sanford G. Hooper

Washington and Lee Law Review

No abstract provided.

Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai

American University Law Review

This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for …

Out Of The Black Hole: Reclaiming The Crown Of King Coal, Wendy B. Davis

American University Law Review

No abstract provided.

Note From The Editor

Alaska Law Review

No abstract provided.

Conflicts Of Interest And The Constitution, David Orentlicher

Washington and Lee Law Review

No abstract provided.

Unsheathing Alexander's Sword: Lapides V. Board Of Regents Of The University System Of Georgia, Eric S. Johnson

American University Law Review

No abstract provided.

Carte Blanche For Cruelty: The Non-Enforcement Of The Animal Welfare Act, Katharine M. Swanson

University of Michigan Journal of Law Reform

This Note explores both the judicial and administrative underenforcement of the Animal Welfare Act in protecting the welfare of laboratory animals used for purposes of experimentation. Specifically, the Note suggests that judicial underenforcement is borne as a result of the difficulties of lodging a private cause of action under the Act or gaining standing under the alternative statutory scheme of the Administrative Procedure Act. It further suggests administrative underenforcement in describing the promulgated regulations of the Act as inadequate and the lack of self-policing mechanisms. Finally, the Note suggests some ways that enforcement can be made more effective in these …

Proposed Amendments To Fed. R. Crim. P. 26: An Exchange: Remote Testimony - A Prosecutor's Perspective, Lynn Helland

University of Michigan Journal of Law Reform

Although the Supreme Court has declined, for now, to endorse the Judicial Conference proposal to add a Rule 26(b) of the Federal Rules of Criminal Procedure to permit live video testimony under limited circumstances, I agree with Professor Friedman that the matter is far from over. This is both because the potential benefits to be realized from the use of remote video testimony are too large to ignore and because, on closer inspection, any Confrontation Clause concerns that might underlie the Court's hesitation to adopt the proposal are not warranted. My purpose in writing is to summarize some of the …

Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman

University of Michigan Journal of Law Reform

This Note argues that courts should interpret NCAA conduct under the Principle of Amateurism as a violation of§ 1 of the Sherman Antitrust Act and that courts should order NCAA deregulation of student-athletes' indirect financial activities. Part I of this Note discusses the history of NCAA regulation, specifically its Principle of Amateurism. Part II discusses the current impact of antitrust laws on the NCAA. Part III argues that the NCAA violates antitrust laws because the Principle of Amateurism's overall effect is anticompetitive. Part IV argues the NCAA could institute an amateurism standard with a net pro-competitive effect by allowing student-athletes …

Military Tribunals And Legal Culture: What A Difference Sixty Years Makes, Cass R. Sunstein, Jack L. Goldsmith

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.