Law Commons^™

Table Of Contents

Saint Louis University Law Journal

No abstract provided.

Masthead

Saint Louis University Law Journal

No abstract provided.

Race, Health, And Health Care, David R. Williams

Saint Louis University Law Journal

No abstract provided.

Healthcare’S Hidden Civil Rights Legacy, David Barton Smith, Ph.D.

Saint Louis University Law Journal

No abstract provided.

Dynamic Conservatism And The Demise Of Title Vi, Gordon Bonnyman

Saint Louis University Law Journal

No abstract provided.

Flourishing Forties Against Flaming Fifties: Is Reverse Age Discrimination Actionable Under The Age Discrimination In Employment Act?, Elena Minkin

Saint Louis University Law Journal

No abstract provided.

Safe At Home Base? A Look At The Military’S New Approach To Dealing With Domestic Violence On Military Installations, Jennifer Heintz

Saint Louis University Law Journal

No abstract provided.

Vol. 25, No. 14 (December 1, 2003)

Indiana Law Annotated

No abstract provided.

Vol. 2, No. 01 (December 2003)

Indiana Law Update

No abstract provided.

In Re Exxon Valdez: Application Of Due Process Constraints On Punitive Damages Awards, Joseph J. Chambers

Alaska Law Review

No abstract provided.

Decision-Making In Mediation: The New Old Grid And The New New Grid System, Leonard L. Riskin

UF Law Faculty Publications

This Article reviews the author's previous mediator-orientation models and proposes a new system for understanding the range of mediator orientations based on substantive, procedural, and meta-procedural decision-making grids.

Privacy Rights Versus Foia Disclosure Policy: The "Uses And Effects" Double Standard In Access To Personally-Identifiable Information In Government Records, Michael Hoefges, Martin E. Halstuk, Bill F. Chamberlin

UF Law Faculty Publications

The U.S. government maintains a vast amount of personally-identifiable information on millions of American citizens. Much of this information is contained in electronic databases maintained by federal agencies. Various Freedom of Information Act (FOIA) requesters, such as journalists, marketers, and union organizers seek this information for different purposes including investigative reporting and targeted solicitations. These kinds of uses are known as "derivative uses" because this government-compiled information is requested for purposes other than the official purposes for which the information was originally gathered. These and other derivative uses of personally-identifiable information often implicate privacy concerns. Conversely, restrictions on public access …

Diversity Matters: Race, Gender And Ethnicity In Legal Education., Nancy E. Dowd, Kenneth B. Nunn, Jane E. Pendergast

UF Law Faculty Publications

This Article presents more evidence of the inequality that persists in legal education for students. Based on a survey of University of Florida law students conducted in 2001, this study reaffirms the existence of differential experience and an inegalitarian culture in legal education. However, it also demonstrates the importance of diversity and the recognition by a significant majority of students of the value of race and gender pluralism. These competing findings provide a clear guide to the future direction of legal education.

Limiting Rights In Times Of Crisis: Our Civil War Experience-A History Lesson For A Post-9-11 America, Paul Finkelman

Cardozo Public Law, Policy & Ethics Journal

The article examines the tension between national security and civil liberties during crises, using historical examples such as the Civil War and post-9/11 America to argue that while some restrictions on liberties may be necessary, they must be carefully limited to prevent abuse of power and erosion of constitutional rights. The analysis emphasizes the importance of judicial and legislative oversight to ensure that emergency measures do not undermine fundamental freedoms.

Nothing But The Facts, David Burnham

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Legislative Supremacy: Myth Or Reality?, James Oakes

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Ethical Issues In Defending A Terrorism Case: How Secrecy And Security Impair The Defense Of A Terrorism Case, Joshua L. Dratel

Cardozo Public Law, Policy & Ethics Journal

The article discusses the unique ethical and legal challenges faced by criminal defense attorneys in terrorism cases, particularly highlighting the impact of Special Administrative Measures (SAMs), the Foreign Intelligence Surveillance Act (FISA), and the Classified Information Procedures Act (CIPA). These laws and regulations, expanded post-September 11, 2001, create significant barriers to effective representation, undermining the attorney-client relationship and constitutional protections. The article emphasizes how these measures not only complicate terrorism cases but also risk bleeding into other areas of criminal law, eroding civil liberties more broadly.

In The Absence Of Democracy: The Designation And Material Support Provisions Of The Anti-Terrorism Laws, Jennifer Van Bergen

Cardozo Public Law, Policy & Ethics Journal

The article argues that post-9/11 laws, particularly the Antiterrorism and Effective Death Penalty Act (AEDPA) and the USA PATRIOT Act (USAPA), have dangerously expanded governmental power at the expense of civil liberties. These laws, through provisions like material support for terrorism and the designation of Foreign Terrorist Organizations (FTOs), enable prosecutions that often violate due process and First Amendment rights. The article contends that sacrificing civil liberties for national security is both unnecessary and harmful, part of a historical pattern that undermines democracy and the rule of law.

Masthead - Cardozo Public Law, Policy And Ethics Journal, Vol. 2 (2003-04)

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett

Federal Communications Law Journal

While many recent state-level efforts to regulate various aspects of the cellular phone industry have been abandoned in favor of federal regulations, other attempts by state regulators still exist. For this reason, Thomas Hazlett proposes that federal regulation is generally more appropriate than state-level action, due to the nature of the cellular industry. After a brief history of the industry, the author analyzes the pros and cons associated with state and federal regulation. The Article then proceeds to address the efficiencies created by national networks and proposes that the fragmentation of controlling regulatory power would reduce these efficiencies. Following a …

Masthead Vol.56 No.1 (2003)

Federal Communications Law Journal

No abstract provided.

Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams

Federal Communications Law Journal

Book Review: Controlling Market Power in Telecommunications: Antitrust vs. Sector-specific Regulation by Damien Geradin and Michel Kerf.

In this 2003 publication, the authors comprehensively review and analyze the telecommunications regulatory structure of five nations that have achieved some success in promoting competition in telecommunications markets. The authors engage in this analysis in order to evaluate the use of telecommunications sector-specific regulation versus more general, economywide antitrust regulation to accomplish specific goals related to promoting competition and efficiency in the provision of telecommunications services. This review describes the authors’ analysis and highlights its strengths and limitations. It also offers a few …

The Role Of Efficiencies In Telecommunications Merger Review, Calvin S. Goldman Q.C., Ilene Knable Gotts, Michael E. Piaskoski

Federal Communications Law Journal

As a result of the recent telecommunications industry slowdown and the rise of globally integrated communications networks, mergers and acquisitions have become a commonplace occurrence throughout the developed world. In this article, Calvin Goldman, Michael Piaskoski and Ilene Gotts review recent merger and acquisition activity and discuss how the decisions to allow or deny “M&A” are viewed by regulatory agencies in the United States, the European Union, and Canada. The first part of this article addresses these three parties’ approaches to M&A consideration and how the concept of “efficiencies” generated by consolidation enters those deliberations. The authors then explore the …

A Round "Peg" For A Round Hole: Advocating For The Town Of Oyster Bay's Public Access Channel Restrictions, Thomas Werner

Federal Communications Law Journal

New technological devices which allow consumers to skip commercials are driving corporations to engage in alternative advertising. The development of more “organic” methods of integrating products into the content of television programs makes those advertisements much more difficult to detect. As it becomes more difficult to divorce the product being sold from the content of the program, it also becomes more difficult to determine whether or not an advertisement actually exists. Without such blatant references, these programs would be likely candidates to appear on public access channels. This poses a severe threat to the service that those channels were intended …

Bouchat V. Baltimore Ravens: The Fourth Circuit Adopts The Strinkingly Similar Doctrine To Infer Proof Of Access, Douglas R. Arntsen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Editor's Note, Carl W. Butler

Federal Communications Law Journal

No abstract provided.

Telric Vs. Universal Service: A Takings Violation?, Stuart Buck

Federal Communications Law Journal

While the Telecommunications Act of 1996 has had a profound positive impact on many sectors of the communications industry in the United States, local phone companies have recently faced a serious dilemma under a provision of the Act known as TELRIC. In this article, Stuart Buck presents a current analysis of the position of the telephone company and its struggle to meet costs under the TELRIC structure. The author argues that by forcing regional phone operators to grant wholesale pricing to competitors under TELRIC, while simultaneously maintaining Universal Service requirements of reduced-rate phone access to remote customers, the local phone …

Vectoral Federalism, Scott Dodson

Georgia State University Law Review

No abstract provided.

Which Stream To Follow: Why The Eleventh Circuit Should Adopt A Broader Stream Of Commerce Theory In Light Of Growing E-Commerce Markets, Christopher Porterfield

Georgia State University Law Review

No abstract provided.

Beyond Workers' Compensation: Workplace Comparative Fault And Third-Party Claims, William Dreier

Georgia State University Law Review

No abstract provided.