Law Commons^™

Exporting U.S. Corporate Governance Standards Through The Sarbanes-Oxley Act: Unilateralism Or Cooperation?, Minodora D. Vancea

Duke Law Journal

No abstract provided.

Daubert & Danger: The "Fit" Of Expert Predictions In Civil Commitments, Alex Scherr

Scholarly Works

The opinions of experts in prediction in civil commitment hearings should help the courts, but over thirty years of commentary, judicial opinion, and scientific review argue that predictions of danger lack scientific rigor. The United States Supreme Court has commented regularly on the uncertainty of predictive science. The American Psychiatric Association has argued to the Court that "[t]he professional literature uniformly establishes that such predictions are fundamentally of very low reliability." Scientific studies indicate that some predictions do little better than chance or lay speculation, and even the best predictions leave substantial room for error about individual cases. The sharpest …

Rwu School Of Law Enewsletter, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Volume 28, No. 3

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Cheryl Woznica, Shawn Tock, Jon Krashinsky, Andrea Huckins

Recruiting And Selection Of Police Officers: A Case Study Of The Clark County School District Police Department, Anthony A. York

UNLV Theses, Dissertations, Professional Papers, and Capstones

This paper is a case study of the Clark County School District (CCSD) Police Department recruitment and selection process. The case study examines and evaluates the human resource function in the recruiting and hiring of police officers. The case study addresses the issue of line-staff relations and how it was best resolved in this organization in order to effectively recruit and select CCSD Police Officers. The paper addresses the historical, structural, and philosophical factors of the Clark County School District Police Department in discussing the possible organizational strategies for recruiting and selection of police officers. This paper uses a specific …

Lowering The Filed Tariff Shield: Judicial Enforcement For A Deregulatory Era, Jim Rossi

Vanderbilt Law Review

The filed tariff doctrine, fashioned by courts to protect consumers from rate discrimination, has strayed from its origins. Instead of protecting consumers, the doctrine has evolved into a shield for regulated firms against common law and antitrust claims that reinforce market norms. In the ideal world, Congress would expand the jurisdiction of regulatory agencies to allow them to penalize private misconduct. However, since that has not always happened, the filed tariff doctrine has encouraged private firms to expend resources in using the regulator as a strategy to immunize conduct from antitrust and common law antitrust claims.

This Article assesses how …

War And American Constitutional Order, Mark E. Brandon

Vanderbilt Law Review

In their introduction to a fine new edition of Alexis de Tocqueville's Democracy in America, Harvey C. Mansfield and Delba Winthrop claim that "[i]f the twentieth century has been an American century, it is because the work of America... has been to keep democracy strong where it is alive and to promote it where it is weak or nonexistent." By "democracy" they doubtless intend something akin to "constitutional democracy," "liberal democracy," or "republican government." I take each of these to be a rough proxy for a constitutionalist system that includes (1) institutions authorized by and accountable to the people (both …

When One Parent Goes And The Other Parent Stays: The Inconsistency And Inequity Of Guaranteeing Absent Parents Permanent Parental Rights, Wendee M. Hilderbrand

Vanderbilt Law Review

It is well settled that the right to make decisions concerning the upbringing of one's children is a fundamental right deserving the utmost constitutional protection from unreasonable state interference. It has also become increasingly well settled over the past twenty-five years that this right is not automatically and permanently guaranteed by biology. Rather, parental stature encompasses both "rights and responsibilities," and the rights are only guaranteed to a parent who has assumed parental responsibilities. Why then is a responsible custodial parent subject to state interference with his or her parental decisions in the interest of guaranteeing an absent parent, who …

Makes Sense To Me: How Moderate, Targeted Federal Tort Reform Legislation Could Solve The Nation's Asbestos Litigation Crisis, Mark H. Reeves

Vanderbilt Law Review

During the three decades he spent working as a machinist for the United States Navy, Henry Plummer suffered continuous exposure to the asbestos used in the insulation, gaskets and pipe coverings of warships. In late 1999, a biopsy confirmed that he had developed mesothelioma, a gruesome type of cancer that kills all those who contract it and is caused only by asbestos. In an effort to combat his cancer, Mr. Plummer embarked on a long, painful course of treatments that included chemotherapy and the removal of his left lung in April 2000. In early 2001, however, Mr. Plummer's doctor informed …

Tendencies Versus Boundaries: Levels Of Generality In Behavioral Law And Economics, Gregory Mitchell

Vanderbilt Law Review

When evidence on the truth or falsity of a proposition is ambiguous and open to multiple interpretations, psychologists warn about "biased assimilation" of the evidence to support pre-existing theories, beliefs, and attitudes. Therefore, when a skeptic about the public policy implications of psychological research examines the complex mix of evidence on human rationality, he may find much to support his skepticism about the use of psychology to reform the law. Likewise, an optimist about the public policy contributions of psychology may find within this same body of evidence much to bolster his optimistic view that psychological research can be used …

Chicago Man, K-T Man, And The Future Of Behavioral Law And Economics, Robert A. Prentice

Vanderbilt Law Review

Most law is aimed at shaping human behavior, encouraging that which is good for society and discouraging that which is bad.' Nonetheless, for most of the history of our legal system, laws were passed, cases were decided, and academics pontificated about the law based on nothing more than common sense assumptions about how people make decisions. A quarter century or more ago, the law and economics movement replaced these common sense assumptions with a well-considered and expressly stated assumption-that man is a rational maximizer of his expected utilities. Based on this premise, law and economics has dominated interdisciplinary thought in …

Unfit To Serve: Permanently Barring People From Serving As Officers And Directors Of Publicly Traded Companies After The Sarbanes-Oxley Act, Philip F.S. Berg

Vanderbilt Law Review

On June 4, 2003, lifestyle guru Martha Stewart was indicted on multiple criminal and civil charges by the Securities and Exchange Commission (SEC or Commission). The charges, including obstruction of justice and civil insider trading, stemmed from Stewart's sale of ImClone stock shortly before the Food and Drug Administration rejected a drug produced by ImClone and sent the company's stock price tumbling. Although Stewart could face a number of serious penalties under her criminal indictment, the primary remedy sought by the SEC for her civil insider trading charges is rather uncommon-a bar from serving as a director of Martha Stewart …

Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Frank S. Bloch, Jeffrey S. Lubbers, Paul R. Verkuil

Cardozo Law Review

No abstract provided.

For And Against Marriage: A Revision, Anita Bernstein

Michigan Law Review

When anthropologist Henry Sumner Maine issued his famous proclamation that modern legal development evolved "from Status to Contract," he used juridical categories to make a statement about progress. Voluntary relations now build the law, Maine declared. The alternative to voluntary relations - identity-based legal labels to decree what people may and may not do - must relocate to the dustbin of history. Only a backwater society would keep them. American legal change in the century-plus since Maine's death in 1888 gives credence to the claim that status inexorably yields to contract. At one level, newer developments refute the Maine thesis. …

Recent Books, Michigan Law Review

Michigan Law Review

Books received by the Law Review.

The False Promise Of One Person, One Vote, Grant M. Hayden

Michigan Law Review

It has now been four decades since the Supreme Court stepped into the political thicket with its groundbreaking series of reapportionment cases. Those cases rather quickly brought about radical changes in the structure of our national, state, and local governments and, in so doing, reshaped the political landscape of the country in many, mostly beneficial, ways. The reapportionment cases also signaled the beginning of a revolution in the way we view the rights associated with meaningful participation in a democratic society, a revolution that continues to this day. We now enjoy a right to vote that is much more comprehensive …

Table Of Contents - Cardozo Law Review, Volume 25, Issue 1

Cardozo Law Review

No abstract provided.

Hegel's Theory Of Measure, David Gray Carlson

Cardozo Law Review

No abstract provided.

The Jurisprudence Of Information Flow: How The Constitution Constructs The Pathways Of Information, Marci A. Hamilton, Clemens G. Kohnen

Cardozo Law Review

No abstract provided.

The Copyright Divide, Peter K. Yu

Cardozo Law Review

No abstract provided.

Larger Issues At Stake In Unnatural Sex Debate, Seow Hon Tan

Research Collection Yong Pung How School Of Law

The recent debate about the criminal prohibition of oral sex provides an occasion for considering larger, related issues. However prevalent the practice of oral sex and however archaic Section 377 of the Penal Code seems to those pushing for its repeal, the arguments offered have tended to take a piecemeal approach and display an ignorance of or disregard for the larger interests at stake.

Child Care Quality And Workforce Characteristics In Four Midwestern States, Helen Raikes, Brian Wilcox, Carla Peterson, Susan Hegland, Jane Atwater, Jean Ann Summers, Kathy Thornburg, Julia C. Torquati, Carolyn P. Edwards, Abbie Raikes

Center on Children, Families, and the Law (and Related Organizations): Publications

The purpose of the Year 1 Studies of the Midwest Child Care Research Consortium was to describe hypothesized and potential indicators of quality, to measure observed quality, and to conduct preliminary analyses to determine relationships between the hypothesized and potential indicators and observations of quality, using a representative, randomly selected sample of the provider population. The states studied—Iowa, Kansas, Missouri, and Nebraska—comprise U.S. Department of Health and Human Services Region VII. Following an examination of the child care policy context in the four states, a telephone survey of 2,022 child care providers, and observations of 365 providers, were completed during …

Statement On The Third United Nations Conference On The Law Of The Sea In Caracas, July 15th 1974, Mochtar Kusumaatmadja

Indonesian Journal of International Law

No abstract provided.

Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman

ExpressO

In this Article, the author examines the predilection of college and university students towards certain types of illegal behaviors. Specifically, the Article considers the widespread instances of drug use, under-age alcohol use, and "file-sharing" using Napster and its progeny. The Article's main focus is on why such illegal behaviors are rampant among college students who might otherwise be

Are Biotech Crops And Conventional Crops Like Products? An Analysis Under Gatt, Julian Wong

Duke Law & Technology Review

The transatlantic debate over the use of genetically modified organisms ("GMO"s) as food products, with the US as a proponent on one side, and the European Union ("EU") as an opponent on the other, is set to take center stage. The US has initiated formal legal action under the World Trade Organization Dispute Settlement System, charging that the EU violates several agreements of international trade law, including Article III of GATT, an anti-protectionist measure which forbids a country from favoring its own products over imported "like products." The US claims that GMOs and conventional crops are "like products,, and that …

It's Time To Be Fair To Jonathan Pollard, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Vol. 54, No. 5, October 28, 2003, University Of Michigan Law School

Res Gestae

•Caught on Tape: Yale Kamisar Talks About End of Teaching Career •ACS and BLSA Host Assault on Gun Violence •Lecture on Academic Freedom Features Professor's Thoughts on Civil Liberties •Students Take Time Our in Dean's Corner •Werewolves as Friends: A Trip to Cedar Point •Identity Theft and Financial Aid: Should You be Worried? •An American in Oxford: What's History Got to do With it Anyway? •She May Have Stolen Your Soul, But my Jacket's Missing •Sports v. Memo, and State's Little Brother Syndrome •Will Work for Food: French Laundry Dreams and Taillevant Fantasies... •There ARE Republicans at the University of …

A Room Of One's Own: Morality And Sexual Privacy After Lawrence V. Texas, Marybeth Herald

ExpressO

No abstract provided.

Vol. 25, No. 09 (October 27, 2003)

Indiana Law Annotated

No abstract provided.

Final Justice, Richard W. Garnett

Journal Articles

Richard Garnett reviews Stuart Banner, The Death Penalty: An American History (2002) & Franklin E. Zimring, The Contradictions of American Capital Punishment (2003).