Law Commons^™

Clark Memorandum: Fall 2003, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Words of Hate, Words of Love (Constance K. Lundberg)
• The Trial of Christ (Cree L. Kofford)
• A Personal Philosophy of Professionalism (Cecil O Samuelson)
• Avoiding Pitfalls (Dale A. Whitman)

Abrogation Or Regulation? How Anderson V. Evans Discards The Makah's Treaty Whaling Right In The Name Of Conservation Necessity, Zachary Tomlinson

Washington Law Review

From 1787 to 1871, the federal government and various Indian tribes entered into hundreds of treaties. Under well-established U.S. Supreme Court precedent, the U.S. Congress has plenary authority to abrogate or modify any of these treaties. The U.S. Supreme Court is reluctant to find congressional intent to do so, however, and requires that this intent be clear and plain. States have no such power to qualify treaties, but the Court has allowed states to regulate treaty rights when doing so is necessary for species conservation. While the U.S. Supreme Court has kept these two lines of cases distinct, the U.S. …

Delusions Of Grand Juries, Niki Kuckes

Law Faculty Scholarship

No abstract provided.

Volume Contents

Louisiana Law Review

No abstract provided.

Issue Contents

Louisiana Law Review

No abstract provided.

Foreword: Symposium On Harmless Error - Part Ii, Stuart P. Green

Louisiana Law Review

No abstract provided.

Fear Of A Paper Tiger: Enforcing Louisiana's Procedural And Statutory Rules In The Wake Of Harmless Error Analysis, James E. Boren, Michael A. Fiser

Louisiana Law Review

No abstract provided.

Considerations Concerning Harmless Error In Louisiana Criminal Cases, Alfred Paul Leblanc Jr.

Louisiana Law Review

No abstract provided.

The American "Covenant Marriage" In The Conflict Of Laws, Peter Hay

Louisiana Law Review

No abstract provided.

The Pitfalls Of A Putative Marriage And The Call For A Putative Divorce, Monica Hof Wallace

Louisiana Law Review

No abstract provided.

Personal Injury And The Louisiana Law Of Lease, P. Ryan Plummer

Louisiana Law Review

No abstract provided.

Doctoring Up The Capital Defense System: Raising The Standards For Louisiana's Death Penalty Lawyers, Julie Hayes Kilborn

Louisiana Law Review

No abstract provided.

Board Of Education Of Independent School District No.92 Of Pottawatomie County V. Earls: Will Louisiana Halt The United States Supreme Court's Continuous Corrosion Of Student Fourth Amendment Rights?, Ashley S. Green

Louisiana Law Review

No abstract provided.

Contributory Or Comparative: Which Is The Optimal Negligence Rule?, Christopher J. Robinette, Paul G. Sherland

Northern Illinois University Law Review

In this article, the authors examine whether contributory or some form of comparative negligence is the superior rule based on the goals of tort law. The authors conclude pure comparative negligence is the preferable rule. From a compensation perspective, pure comparative negligence compensates the most tort victims. From a corrective justice perspective, pure comparative negligence, unlike the other rules, requires tortfeasors to correct their wrongs in all cases. Finally, the authors use statistical analyses to determine if any of the rules has a stronger deterrent effect than the others. Based on claims data for automobile accidents in the various jurisdictions, …

Gambling With Terrorism And U.S. Military Readiness: Time To Ban Video Gambling Devices On U.S. Military Bases And Facilities?, John Warren Kindt

Northern Illinois University Law Review

This article examines the effect that video gambling devices (VGDs) on US military bases have on military readiness in the 21st century's "Age of Terrorism. " The harmful effects of gambling on military personnel outweigh any potential benefits. However, this conclusion is not clear from the information upon which military analysts and researchers rely. Upon examining the harmful effects that gambling has on military readiness, issues arise regarding the potential biases of the informational sources that study the impact of gambling. A review of these informational sources reveals that many sources have close associations with the gambling industry including the …

In Defense Of Federalism: The Need For A Federal Institutional Defender Of State Interests, Kory A. Atkinson

Northern Illinois University Law Review

In Ring v. Arizona, 536 U.S. 584 (2002), the United States Supreme Court struck down the state of Arizona's death penalty procedure as violative of the Sixth Amendment's right to trial by jury. The Ring case is noteworthy because the Supreme Court upheld the identical procedure under the same constitutional provision twelve years earlier in Walton v. Arizona, 497 U.S. 639 (1990). The Ring case raises a serious constitutional issue because the high Court reaffirmed its decision upholding Arizona's death penalty procedure twice during those twelve years. The issue is this: what recourse does the state of Arizona have against …

Killing The Fatted Calf: Managed Care Liability In A Post-Pegram World, Karene M. Boos, Eric J. Boos

Northern Illinois University Law Review

Over one hundred million Americans receive their health care benefits under some kind of managed care plan. At the heart of every managed care plan is an emphasis on cost containment. The courts traditionally protected the proprietary economic interests of managed care by holding that claims against managed care organizations and plan directors were preempted under the Employee Retirement Income Security Act (ERISA). This was done as a means of facilitating a better health care delivery system for Americans and in spite of the number of patients who suffered poor health consequences as a result of decisions by managed care …

Administrative Law, James R. Kibler Jr.

University of Richmond Law Review

No abstract provided.

Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Ellen S. Moore

University of Richmond Law Review

No abstract provided.

Health Care Law, Kathleen M. Mccauley

University of Richmond Law Review

No abstract provided.

Criminal Law, Marla Graff Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

Public Utility Law, B. Paige E. Holloway

University of Richmond Law Review

No abstract provided.

Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

Taxation, Craig D. Bell

University of Richmond Law Review

No abstract provided.

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

No abstract provided.

Museletter: November/December 2003, John R. Barden

Museletter

This Issue:

It Depends by Professor John Paul Jones

Announcements

DataSources

Examination Procedures

Muse Library Facts

"ID Please--Yes, I Mean You!!": Library Access Restricted During Exams

Intersession Hours

Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature And Of Criminal Profiling More Generally, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

New data on highway stops and searches from across the country have spawned renewed debate over racial profiling on the roads. The new data reveal consistently disproportionate searches of minority motorists, but, very often, an equal or lower general success rate—or “hit rate”—associated with those searches. Economists are developing new models of racial profiling to test whether the data are consistent with policing efficiency or racial prejudice, and argue that equal hit rates reflect that the police are maximizing the success rate of their searches. Civil liberties advocates are scrutinizing the same data and, in most cases, reaching opposite conclusions. …

Real Estate Law, Brian R. Marron, Christopher M. Gill

University of Richmond Law Review

No abstract provided.

Understanding Price-Based Antidilution Protection: Five Principles To Apply When Negotiating A Down-Round Financing, Robert P. Bartlett

Scholarly Works

As most venture capital investors are aware, the economic downturn of the past two years—and the concomitant decrease in private company valuations—has created an opportunity for significant returns on new venture investments seldom seen since the early 1990s. Yet while the investment opportunities of the current economic environment may have attractive financial valuations, they frequently come with the added cost of significant transactional complexity. In particular, the issuance of securities by a private company at a price that is below the price previously paid by the company's investors (typically referred to as a “down-round” financing) may trigger one or more …

“Vacation” At Sea: Judicial Remedies And Equitable Discretion In Administrative Law, Ronald M. Levin

Duke Law Journal

Scholars have rarely examined the remedial issues that federal courts may face when they find that an administrative agency has acted unlawfully. This Article presents a broad survey of that topic in the course of exploring a narrower doctrinal issue: the validity of "remand without vacation." That term denotes a practice whereby a court remands an agency action for further work but allows the action to remain in place during the remand proceedings. In recent years many appellate panels have resorted to this practice in order to minimize disruption of an ongoing administrative program or to protect private reliance interests. …