Law Commons^™

Self-Historicism, Mark Tushnet

Tulsa Law Review

No abstract provided.

Secular Sectarianism, Perilous Neutrality, Aviam Soifer

Tulsa Law Review

No abstract provided.

John D. Becker On International Crimes, Peace And Human Rights: The Role Of The International Criminal Court Edited By Dinah Shelton. Ardsley, Ny: Transnational Publishers. 356pp., John D. Becker

Human Rights & Human Welfare

A review of:

International Crimes, Peace and Human Rights: The Role of the International Criminal Court edited by Dinah Shelton. Ardsley, NY: Transnational Publishers. 356pp.

Court Review: Volume 40, Issue 2 - The Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 40, Issue 2 - A Court And A Judiciary That Is As Good As Its Promise, Kevin S. Burke

Court Review: Journal of the American Judges Association

Today the dissatisfaction with the administration of justice is at a level that none of us should tolerate or accept, for it threatens our democracy as much or more than any terrorist. The nation’s dissatisfaction with the administration of justice is our issue of homeland security. In Pound’s speech, he spoke first of the popular assumption that the administration of justice is an easy task to which anyone is competent. The fact that I am the recipient of the Rehnquist Award proves to many that Pound was correct.

Court Review: Volume 40, Issue 2 - President’S Column, Michael R. Mcadam

Court Review: Journal of the American Judges Association

As I wrote this, the National Center for State Courts had just completed the Eighth Court Technology Conference (CTC8) in Kansas City, Missouri. I was fortunate to be able to participate in CTC8 as your president and as a local host. My thoughts about CTC8 follow several lines of analysis, one about the role of technology in our courts, another about the impact of the National Center, and a third about the international nature of technology.

Court Review: Volume 40, Issue 2 - Judicial Report On The Adjudication And Sanctioning Of Hard-Core Drinking Drivers, Robyn Robertson, Herb Simpson

Court Review: Journal of the American Judges Association

Impaired driving is the most frequently committed crime in America. It has been an issue of debate and concern for the judiciary, as courtrooms across the country hear cases involving a majority of the 1.4 million annual DWI arrests. Since the early 1980s, concerned citizens have lobbied for and won considerable changes to the way these cases are approached from a public-policy perspective, often resulting in legislative initiatives and changes in criminal practice. Until now, however, little comprehensive research has been conducted on the implications of these system-wide changes for criminal justice professionals.

In December 2002, the Traffic Injury Research …

Court Review: Volume 40, Issue 2 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 40, Issue 2 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 40, Issue 2 - Recent Criminal Decisions Of The United States Supreme Court: The 2002-2003 Term, Charles H. Whitebread

Court Review: Journal of the American Judges Association

In criminal cases, this term of the United States Supreme Court had several important decisions, but no landmark cases. The Court continued to favor law enforcement. One significant development was the substantial impact of section 2254(d) of the Anti-terrorism and Effective Death Penalty Act is having in closing the door of federal courts to state prisoners petitioning for the writ of habeas corpus. Here are several of the important criminal decisions decided this term.

Court Review; Volume 40, Issue 2 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

30th Annual Midwest/Midsouth Estate Planning Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 30th Annual Midwest/Midsouth Estate Planning Institute held by UK/CLE in July 2003.

2002 Eleventh Circuit Survey: Federal Taxation, David A. Brennen

Law Faculty Scholarly Articles

During 2002 federal courts in the United States decided nineteen cases that directly impact federal tax law in the Eleventh Circuit. These cases involve a variety of tax law matters including Federal Insurance Contributions Act ("FICA") payroll tax, estate and gift tax, IRS authority to levy and assess tax, and discharges in bankruptcy. Other tax-related matters addressed by courts in 2002 that impact tax law in the Eleventh Circuit include inventory recapture in an S-corporation conversion, attorney fees for the prevailing party in a tax dispute, and injunctions against tax preparers. By far the most important tax case decided in …

The Enforcement Of Local Judgments In Mexico: An Analysis Of The Quantitative & Qualitative Perceptions Of The Judiciary & Legal Profession, Rfobert M. Kossick Jr., Marcelo Bergman

University of Miami Inter-American Law Review

No abstract provided.

Incorporating Specific International Standards Into Atca Jurisprudence: Why The Ninth Circuit Should Affirm Unocal, Justin Prociv

University of Miami Inter-American Law Review

No abstract provided.

Making The Health Insurance Flexibility And Accountability (Hifa) Waiver Work Through Collaborative Governance, Barbara Zabawa

Faculty Works

This article examines the Health Insurance Flexibility and Accountability (HIFA) waiver introduced in 2001, focusing on its potential as a tool for collaborative governance in expanding health insurance coverage. The HIFA waiver grants states greater programmatic flexibility and encourages public-private partnerships, aiming to address the complex challenges of uninsured populations. Although the waiver has been criticized for possibly reducing benefits and increasing cost-sharing, the paper argues for its use as a vehicle to foster stakeholder collaboration. It highlights the importance of integrating diverse perspectives to design politically and economically viable health reforms. Challenges such as stakeholder engagement, accountability, and resource …

Criminal Law Sanctuaries, Wayne A. Logan

Scholarly Publications

The paper explores the existence of various social institutions that have resisted the reach of criminal law enforcement authority over time. Focusing on the response of the Catholic Church to widespread clergy sexual abuse, which in many respects reflects the practice of sanctuary in the European middle ages, as well as the historic resistance of families and corporations to criminal law authority, the paper discusses the reasons underlying the phenomenon of sanctuaries, and offers insights into how criminal wrongdoing might best be addressed therein.

Secondary Liability For Federal Trust Fund Taxes, Steve R. Johnson

Scholarly Publications

When collection of unpaid taxes cannot be effected from the person primarily liable for them, the Internal Revenue Code creates for the IRS a number of mechanisms for collection from secondary parties. To satisfy the requirements of fairness and due process, secondary liability is imposed only when the party has some nexus to the liability, that is, when that person's actions helped create the liability or frustrated its collection from the primary taxpayer.

This article discusses l.R.C. § 6672, one of the most widely used and important of the secondary liability mechanisms in tax. There are numerous § 6672 assessments …

A Tribute To Retired Senator J. Strom Thurmond, Lindsey Graham

South Carolina Law Review

No abstract provided.

Out With The Old And In With The New: An Analysis Of Illinois Maintenance Law Under The Uniform Marriage And Divorce Act And A Proposal For Its Replacement, Megan A. Drefchinski

Northern Illinois University Law Review

Perhaps few issues in family law, or in legal jurisprudence generally, are debated as widely and heatedly as maintenance is. Opinions on the subject cover the full range of the spectrum, from the suggestion that maintenance should be limited, to the suggestion that it should be expanded. What does emerge as a unifying theme is the general dissatisfaction of scholars, litigants, practitioners, and judges with the current maintenance law provisions under the Uniform Marriage and Divorce Act ("UMDA"), which Illinois has adopted This comment argues that this dissatisfaction with the current maintenance provisions cannot be overcome, and that new provisions …

The Immigration Rule Of Lenity And Chevron Deference, Brian G. Slocum

McGeorge School of Law Scholarly Articles

No abstract provided.

Inmate Litigation: Results Of A National Survey, Margo Schlanger

Other Publications

Over the summer of 2001, I conducted a survey of jail and prison systems about experiences with civil litigation brought by inmates. Here I report in a preliminary but focused way on those results.

Findings: Since passage of the Prison Litigation Reform Act (PLRA), the federal court civil rights inmate docket has shrunk by 40%. But the results of the survey establish that litigation remains extremely important to correctional administrators and administration. It is clear that agencies continue to respond to the fact and prospect of damage and injunctive actions by seeking to avoid lawsuits, by hiring various kinds of …

Understanding The Terrorist Mindset, Randy Borum

Mental Health Law & Policy Faculty Publications

No abstract provided.

Anthropology & Law, James M. Donovan, H. Edwin Anderson

Law Faculty Books and Chapters

This book defends the thesis that the two fields of law and anthropology co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights." Law similarly illuminates key anthropological ideas such as the "social contract," and provides a uniquely valuable access point for the analysis of sociocultural systems.

Democracy Frozen In Devonian Amber: The Racial Impact Of Permanent Felon Disenfranchisement In Florida, Carlos M. Portugal

University of Miami Law Review

No abstract provided.

International Courts And Tribunals, Nancy Amoury Combs, Daryl A. Mundis, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline A. Weisman

Faculty Publications

This article reviews and summarizes significant developments in 2002 involving international courts and tribunals, particularly events relating to the International Court of Justice, the United Nations Compensation Commission, the Iran-U.S. Claims Tribunal, the Claims Resolution Tribunal, and the International Commission on Holocaust Era Insurance Claims. Significant developments relating to the International Criminal Court, the International Criminal Tribunals for the former Yugoslavia and for Rwanda, proposed additional ad hoc international criminal tribunals, the International Tribunal for the Law of the Sea, the World Trade Organization dispute settlement system, and other trade dispute settlement systems are detailed in other articles in this …

Table Of Contents

South Carolina Law Review

No abstract provided.

Defining The Challenges Of Professionalism: Access To Law And Accountability Of Lawyers, Deborah L. Rhode

South Carolina Law Review

No abstract provided.

Transcript Form Professionalism Conference

South Carolina Law Review

No abstract provided.

Specialty Certifications As An Incentive For Increased Professionalism: Lessons From Other Disciplines And Countries, Adrian Evans, Clark D. Cunningham

South Carolina Law Review

No abstract provided.