Law Commons^™

When Animals Invade And Occupy: Physical Takings And The Endangered Species Act, Rebecca E. Harrison

Washington Law Review

Government actions implementing the Endangered Species Act (ESA) on private lands have sparked extensive debate and litigation over whether such actions result in Fifth Amendment takings. To date, courts have uniformly rejected regulatory takings claims under the ESA, leading several landowners to advance a different theory-physical takings claims. Successful physical takings claims require landowners to show that government actions resulted in either per se physical takings or compensable physical invasions of their land. In two recent decisions, Boise Cascade Corp. v. United States,/i> and Seiber v. United States, courts rejected per se physical takings claims under the ESA, finding …

Group Therapy For Incarcerated Women Who Experienced Interpersonal Violence: A Pilot Study, Rebekah G. Bradley, Diane R. Follingstad

CRVAW Faculty Journal Articles

This study evaluated effectiveness of group therapy for incarcerated women with histories of childhood sexual and/or physical abuse. The intervention was based on a two-stage model of trauma treatment and included Dialectical Behavior Therapy skills and writing assignments. We randomly assigned 24 participants to group treatment (13 completed) and 25 to a no-contact comparison condition (18 completed). We evaluated treatment effects, using the Beck Depression Inventory, Inventory of Interpersonal Problems, and Trauma Symptom Inventory. The data demonstrate significant reductions in PTSD, mood, and interpersonal symptoms in the treatment group.

Letter To Clerk Of Court Re: Benjamin Hunter, Roger J. Miner '56

Memos and Letters: Law Clerks

No abstract provided.

Fish As Pollutants: Limitations Of And Crosscurrents In Law, Science, Management, And Policy, Jeremy Firestone, Robert Barber

Washington Law Review

When we think of pollutants, we either consciously or unconsciously draw a bright line between pollutants and what might be called "natural." That which is natural cannot be a pollutant; that which is a pollutant cannot be natural. It seems odd to speak of live fish as pollutants, as odd as it would be to speak of dioxins as natural. Nevertheless, the traditional definition of fish as natural may be fading as our awareness of the adverse environmental effects of accidental or poorly planned fish introductions increases. Along these lines, a federal court recently found that non-native Atlantic salmon that …

Miranda'S Poisoned Fruit Tree: The Admissibility Of Physicial Evidence Derived From An Unwarned Statement, Kirsten Lela Ambach

Washington Law Review

Miranda v. Arizona created an exclusionary rule that prohibits using, as part of the prosecution's case in chief, evidence that is obtained as the result of unwarned custodial interrogation. In Michigan v. Tucker and Oregon v. Elstad, the United States Supreme Court narrowed the scope of this rule in relation to the "fruit of the poisonous tree" doctrine that excludes all evidence derived from constitutional violations. The Tucker Court held that the testimony of a witness identified from an unwarned statement should be admitted, and the Elstad Court held that a warned statement following an unwarned statement should also …

Table Of Contents - Vol. 28, No. 1 2003

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

No Plaintiff Left Behind: Liability For Workplace Discrimination And Retaliation In New Jersey, Richard A. West Jr.

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Roles Of The Judiciary In Examining And Supervising The Changing Laws Of Electronic Surveillance, Jie Xiu

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Institutionalizing Community Mediation: Can Dispute Resolution "Of, By, And For The People" Long Endure?, Timothy Hedeen

Penn State Law Review (2003 - Present)

No abstract provided.

Museletter: August 2003, John R. Barden

Museletter

This Issue:

Welcome New and Returning Students

Law Review Added to hein Online

Muse Library Facts

Library Policy Reminder

"Where's Waldo's Treatise on...?"

Vol. 1, No. 08 (August 2003)

Indiana Law Update

No abstract provided.

Aboriginal Title Or The Paramountcy Doctrine? Johnson V. Mcintosh Flounders In Federal Waters Off Alsaka In Native Village Of Eyak V. Trawler Diane Marie, Inc., Andrew P. Richards

Washington Law Review

In Johnson v. McIntosh and its progeny, the United States Supreme Court established the principle that aboriginal title allows Indian tribes to exclusively use and occupy their territories after they come under United States sovereignty. In Native Village of Eyak v. Trawler Diane Marie, Inc., five Alaska Native villages asserted aboriginal title to areas of the seabed and ocean off Alaska. The villages argued that federal fisheries regulations violate their aboriginal title by allowing non-Natives to fish within those areas, while excluding most of the villagers. The United States Court of Appeals for the Ninth Circuit rejected the villages' …

Research To Practice: Innovations In Employment Supports: Washington State's Division Of Developmental Disabilities, John Butterworth, Allison Cohen Hall

Research to Practice Series, Institute for Community Inclusion

As evidence of the positive outcomes associated with integrated employment develops it is important to identify policy and practices at the state level that expand access to employment opportunity. This brief presents findings from Institute for Community Inclusion (ICI) case study research focused on state agencies that support individuals with developmental disabilities.

Salt Equalizer, Vol. 2003, Issue 3, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Paula C. Johnson & Michael Rooke-Ley, Co-Presidents' Column, at 1.

Commentary on Lawrence v. Texas, at 2.

Commentary on Grutter v. Bollinger, at 7.

Alicia Alvarez, Supreme Court Roundup, at 15.

Paula C. Johnson & Nancy K. Ota, Nancy and Paula's Excellent Adventure: The First Running of the Princess Cycling Tour, at 17.

Committee News, at 24.

Learning To Live With An Imperfect Tax: A Defence Of The Corporate Tax, Kim Brooks

Articles, Book Chapters, & Popular Press

Following an introduction, the paper is divided into two parts followed by a conclusion. Part II reviews a number of objectives of the corporate tax, arguing that they should carry more weight as arguments in favour of the corporate tax than they are often attributed. Furthermore, while it is conceded that the corporate tax is a second or even an nth best tax for achieving these objectives, there are simply no administratively feasible or politically acceptable alternatives to it. The arguments reviewed in the paper are as follows. First, by taxing income from capital, the corporate tax increases the comprehensiveness, …

Killing The Object: Psychosis And The Criminal Act, Linda Belau

Cardozo Law Review

No abstract provided.

On Torture And State Crime, Franz Kaltenbeck

Cardozo Law Review

No abstract provided.

Empirical Research And Civil Jury Reform, Valerie P. Hans, Stephanie Albertson

Cornell Law Faculty Publications

In January 2003, President George W. Bush invoked the supposed failings of the civil jury as the rationale for sweeping changes to the civil justice system. In a speech given at the University of Scranton, in Pennsylvania, a state where skyrocketing costs of medical malpractice insurance had created a political crisis, President Bush said, "Excessive jury awards will continue to drive up insurance costs, will put good doctors out of Scranton, Pa." Among the changes he proposed were a decrease in the time that patients would have to sue their doctors, a national cap on pain and suffering awards at …

The Impact Of Interpretation: The Age Discrimination In Employment Act As Determined By The Sixth Circuit, Megan Jordan Strickland

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Seton Hall Legislative Bureau - Vol. 28, No. 1 2003

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Vattel's Doctrine On Territory Transfers In International Law And The Cession Of Louisiana To The United States Of America, Stéphane Beaulac

Louisiana Law Review

No abstract provided.

Convergence Of Political Systems, Don Luis Martinez-Calcerrada Y Gómez

Louisiana Law Review

No abstract provided.

The Changing Concept Of Family And Its Effect On Louisiana Succession Law, Kathryn Venturatos Lorio

Louisiana Law Review

No abstract provided.

Opening Statement -- Making It Stick, Ronald L. Carlson, Michael S. Carlson

Popular Media

Every lawyer who sits down to plan her opening remarks for a coming trial has the same question: How far can I go in arguing my case during the opening statement? Can I mention the law? What about drawing a diagram of the accident on a blackboard? Will my opponent be able to stop me from displaying a couple of my dramatic exhibits to the jury?

Making one's theory of the case "stick" from the very start of the trial depends mightly on how far the lawyer can go in opening statement. Where the defense is primarily a legal or …

The Bonds Of Joint Tax Liability Should Not Be Stronger Than Marriage: Congressional Intent Behind § 6015(C) Separation Of Liability Relief, Svetlana G. Attestatova

Washington Law Review

Spouses who file joint tax returns are jointly and severally liable for any resulting tax deficiency. In the past, only innocent spouses—those with no knowledge of the tax understatement—could qualify for relief from such liability. In 1998, Congress expanded existing innocent spouse relief and added two new forms of relief—the separation of liability and discretionary relief provisions. Codified at 26 U.S.C. § 6015(c), separation of liability relief allocates items that give rise to a deficiency to each spouse as if they had filed separate returns, and is only available to spouses who are divorced, separated, or living apart. However, a …

Fair And Reasonable Compensation Means Just That: How § 253 Of The Telecommunications Act Preserves Local Government Authority Over Public Rights-Of-Way, Jennifer Amanda Krebs

Washington Law Review

Section 253(c) of the 1996 Telecommunications Act expressly preserves local government authority to require fair and reasonable compensation from telecommunications providers for use of public rights-of-way. Although local government authority to require compensation for franchises is based in state law, some courts have overlooked state law when evaluating the validity of franchise fees. In addition, courts have interpreted § 253(c) narrowly, allowing local governments to recover only direct costs. This narrow interpretation of § 253(c) contradicts its text and legislative history, as well as analogous United States Supreme Court precedent. Further, this interpretation could lead to unconstitutional results, by allowing …

The Forum, Volume 3, Issue 1 (August 2003), University Of South Carolina School Of Law Students

The Forum Student Newspaper

First Year Grades Determine Future, Possibly Spouse, by David Hartman, Reprinted without permission

The Real World?, by Arie D. Bax

Develop (Or Nurture) Your Lawyerly Drinking Problem!

Eric Zaiser v. The Months of May, June, and July (Collectively "Summer 2003"), by Eric Zaiser

The Forum Editorial Board

Letters to the Editors and Submissions notice

The Forum Interview, Mood Is It!, Kathleen Warthen and Arie Bax catch our interim dean in a Frank Mood about our faculty, the infield fly rule, and suffering mottos

Free T-shirt notice

A Phrase From A Former President

News Nugs for August, by Jason Luck

5th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2003, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Law Library Briefs, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

V.40-3, 2003 Masthead

San Diego Law Review

No abstract provided.