Law Commons^™

The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David Gray Carlson

William & Mary Law Review

No abstract provided.

State Income Tax Jurisdiction: A Jurisprudential And Policy Perspective, John A. Swain

William & Mary Law Review

No abstract provided.

The Neglected Value Of The Legislative Privilege In State Legislatures, Steven F. Huefner

William & Mary Law Review

Forty-three state constitutions contain a provision, analogous to the U.S. Constitution's Speech or Debate Clause (Article I, Section 6, Clause 1), granting state legislators a legal privilege in connection with their legislative work. While some of these states' provisions have never been applied, recent judicial interpretations in other states have departed from settled federal interpretations of the legislative privilege, failing to apply it broadly to protect the legislative process and instead unduly favoring ideals of open government. This Article defends the value of a broad constitutional privilege for state legislators to protect the integrity of the deliberative process, and presents …

Police Response To Domestic Violence: Does Officer Gender Make A Difference?, Amy Leighann Whitmore

Sociology & Criminal Justice Theses & Dissertations

With domestic violence an increasing problem within the United States, police response to domestic violence has emerged as an important issue in its prevention and treatment. Recent research on police response to domestic violence has yielded conflicting results, with some studies showing that officer gender affects responses. The purpose of this study was to examine the effect that officer gender has on both formal and informal police responses to domestic violence. Incident reports were collected from a police agency to examine responses to domestic violence.

Results indicated that officer gender does have a significant effect upon both formal and informal …

Foreword, Richard A. Merrill

Law and Contemporary Problems

No abstract provided.

Strengthening Science’S Voice At Epa, E. Donald Elliott

Law and Contemporary Problems

Elliott considers the problem of institutional reforms to enhance the role of science in EPA decisionmaking. He asserts that science is underrepresented in policymaking at the EPA and that the quality of decisions at the margins would be improved by giving science somewhat greater influence.

Law And Engineering: In Search Of The Law-Science Problem, Jerry L. Mashaw

Law and Contemporary Problems

Lawyers and scientists both have the intellectual conceit that a well-defined problem is not only a necessary, but almost a sufficient, condition for a successful solution. Mashaw examines the applied science of engineering in the context of health and safety regulation, focusing on the law-science interface at the NHTSA.

The “Bad Science” Fiction: Reclaiming The Debate Over The Role Of Science In Public Health And Environmental Regulation, Wendy E. Wagner

Law and Contemporary Problems

Wagner argues that the good-science reforms miss the mark and have the potential to cause significant damage to already crippled administrative processes. Background information is presented relating to the sources of dissatisfaction with regulatory science and how the three most popular reforms purport to address these concerns.

On The Prospect Of “Daubertizing” Judicial Review Of Risk Assessment, Thomas O. Mcgarity

Law and Contemporary Problems

Lawyers for companies subject to federal health, safety and environmental regulation hope that stringent substantive judicial review will relieve their clients of the burdens of much regulation without the need for troublesome legislative battles they seem unable to win. McGarity argues that assigning a Daubert-like (Daubert v. Merrell Dow Pharmaceuticals Inc) gatekeeper role to courts engaged in judicial review of agency risk assessments is a profoundly bad idea.

Accounting For Science: The Independence Of Public Research In The New, Subterranean Administrative Law, Donald T. Hornstein

Law and Contemporary Problems

The White House Office of Management and Budget (OMB) is putting the final touches on a system designed to account for the science used by federal agencies in their administrative missions. There are reasons for concern that OMB's new programs could be used to skew the system by which regulatory science is generated in the first place.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Do Owners Have A Fair Chance Of Prevailing Under The Ad Hoc Regulatory Takings Test Of Penn Central Transportation Company?, F. Patrick Hubbard, Shawn Deery, Sally Peace, John P. Fougerousse

Duke Environmental Law & Policy Forum

No abstract provided.

Nothing But Net: Renewable Energy And The Environment Midamerican Legal Fictions, And Supremacy Doctrine, Steven Ferrey

Duke Environmental Law & Policy Forum

No abstract provided.

An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross

Duke Environmental Law & Policy Forum

No abstract provided.

California Coastal Commission: Retroactivity Of A Judicial Ruling Of Unconstitutionality, Kristin Grenfell

Duke Environmental Law & Policy Forum

No abstract provided.

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

I Am Glad I Got To Know Him, David Shipley

Scholarly Works

This article is part of a number of articles in tribute to L. Ray Patterson, which appear in 11 J. Intel Prop i (2003).

Status Of Taliban And Al Qaeda Soldiers: Another Viewpoint, Lawrence Azubuike

Connecticut Journal of International Law

September 11, 2001 has become a milestone in the annals of history. International law, especially on the use of force and laws of armed conflict, is now discussed with reference to the state of the law before and after that date. One of the quagmires which the events of that day thrust upon international law is how to categorize those involved in the armed conflict that directly resulted from the terrorist attacks. Conventional wisdom holds that Taliban soldiers can be treated as prisoners of war (POWs), while Al Qaeda soldiers cannot. The attitude of the United States has been a …

Rights Under Fire: The Inadequacy Of International Human Rights Instruments In Combating Dowry Murder In India, Meghana Shah

Connecticut Journal of International Law

When Sunita Vir married in 1991, her father, Kalam Singh, spent over $5,000 on her dowry, which consisted of cash, steel trunks, cupboards, a sewing machine, kitchen utensils, and most importantly, a black-and-white television set, a most coveted possession among India's lower-middle class families.' Still, the elaborate dowry was not enough for Sunita's new in-laws.' Less than two weeks after the marriage, Sunita's husband and in-laws began demanding more dowry from Sunita's family, specifically in the form of a new refrigerator. Sunita's parents could not provide the additional goods, having already acquired a large amount of debt to supply the …

Revitalization From The Inside Out: The Attempts To Move Towards An Urban Renaissance In The Cities Of The United States And The United Kingdom, Kara Lamb

Connecticut Journal of International Law

Redevelopment, renewal, revitalization, regeneration: all are buzzwords for the government policies aimed at reversing the urban blight and decline that has continually plagued the once thriving cities of the United States and the United Kingdom. The loss of jobs and people to the suburbs has left the cities and their remaining residents behind to deal with issues of poverty, homelessness, and crime. Despite the fact that politicians, social scientists and even urban residents have attempted and proposed various solutions over the past several decades, today such problems continue to plague the inner city neighborhoods of both nations.

Probiems of urban …

Human Rights Violations By Multinational Corporations And International Law: Where From Here?, Surya Deva

Connecticut Journal of International Law

The conventional international framework for protection of human rights is state-centric; it obligates primarily states to promote, and not violate, human rights. However, the advent of national and transnational private actors,' especially multinational corporations (MNCs),2 in public services has posed serious challenges to this model. States no longer enjoy the monopoly as violators of human rights and no longer solely bear the duty to protect human rights. The international community3 is realizing that in order to achieve fuller and wider realization of human rights, the umbrella of human rights obligations and their enforcement should cover MNCs.' But since the existing …

Equitable Apportionment Of Ecosystem Services: New Water Law For A New Water Age, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article examines the interstate water controversy between Florida, Georgia, and Alabama regarding allocation of water in the Apalachicola-Chattahoochee-Flint River Basin (ACF). The three states have been unable after 20 years of negotiation to resolve conflicts between urbanization in Atlanta, commercial uses in Alabama, and ecological protection in Florida. This article proposes that, were the states to seek apportionment of water by the Supreme Court under the Court's doctrine of equitable apportionment, the ecosystem services flowing within the ACF should be an integral allocation factor in deciding the flow regime Georgia and Alabama must ensure enters the Florida portion of …

Judicial Independence And The Ambiguity Of Article Iii Protections, Tracey E. George

Vanderbilt Law School Faculty Publications

Is the federal judiciary truly an independent body? A quick glance at the Constitution would suggest the answer is yes. The Constitution provides for life tenure and a difficult removal process for federal judges that together, as the common wisdom goes, shield federal judges from the shifting winds of the more political branches and the public at large. The author of this essay argues, however, that on a closer examination of the protections provided for by the Constitution, judicial independence might be more mirage than truism. Threats to judicial independence arise not only externally through the actions of the other …

Filling In The ‘Larger Puzzle’: Clinical Scholarship In The Wake Of The Lawyering Process, Susan L. Kay, Frank Bloch, Susan L. Brooks, Alex J. Hurder

Vanderbilt Law School Faculty Publications

Gary Bellow's and Bea Moulton's The Lawyering Process challenged conventional legal education on every front, from the types of material included to the questions asked about law and lawyers. Their book has inspired a generation (or more) of clinicians to teach and think about law differently. In this article, the authors focus on the impact Bellow's and Moulton's book has had as a teaching text and as early clinical scholarship. The authors discuss four topics addressed in The Lawyering Process--the public role of lawyers, ethics and professionalism, theory of lawyering, and the clinical methodology-and how those topics are addressed in …

Toward Taping, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Numerous authors, from all points on the political spectrum, have advocated that police interrogations be taped. But police rarely record custodial questioning, at least in full, and only a handful of courts have found this failure objectionable. This commentary outlines three different constitutional grounds for mandating that such recording become a routine practice. To set up the constitutional argument, the article first outlines why taping is needed despite the elaborate rules that now govern interrogation. Put simply, the reasoning is as follows: the Miranda regime has failed, voluntariness should once again be the focal point of interrogation regulation, and taping …

Proposal For A Model State Watershed Management Act, J.B. Ruhl, C.L. Lant, Steven E. Kraft, Leslie A. Duram, Tim Loftus

Vanderbilt Law School Faculty Publications

During the Montana Constitutional Convention of 1889, John Wesley Powell, envisioning a landscape of watershed commonwealths, proposed that Montana adopt watersheds as the boundaries of its counties. The idea did not catch on. Over time, the power of local governments to regulate land use has grown immensely, but the misfit between their political boundaries and environmental policy problem sheds has persisted. As our understanding of ecosystem dynamics improves, however, natural resources management policy is gravitating, once again, to the watershed as an appropriate unit of governance. Many federal and state natural resource management initiatives have come on line in the …

The New Labor Market For Lawyers: Will Female Lawyers Still Earn Less?, Joni Hersch

Vanderbilt Law School Faculty Publications

To examine the magnitude and source of the gender pay disparity among lawyers, this paper uses data from a large national survey reporting individual information for 1990 and 1993 on a wide array of work related and personal characteristics. The data show a large earnings shortfall for female lawyers earning their J.D. before 1990, even after controlling for differences in work history, hours worked, type of employer, and family characteristics. In contrast, female lawyers earning their J.D. between 1990 and 1993 earn more than their male counterparts. By examining the sources of the gender pay gap among the older cohort …

Constitutional Existence Conditions And Judicial Review, Michael C. Dorf, Matthew D. Adler

Cornell Law Faculty Publications

Although critics of judicial review sometimes call for making the entire Constitution nonjusticiable, many familiar norms of constitutional law state what we call "existence conditions" that are necessarily enforced by judicial actors charged with the responsibility of applying, and thus as a preliminary step, identifying, propositions of sub-constitutional law such as statutes. Article I, Section 7, which sets forth the procedures by which a bill becomes a law, is an example: a putative law that did not go through the Article I, Section 7 process and does not satisfy an alternative test for legal validity (such as the treaty-making provision …

Inevitable Disclosure Through An Internet Lens: Is The Doctrine's Demise Truly Inevitable?, Joseph F. Phillips

William & Mary Law Review

No abstract provided.

Surviving The Shipwreck: A Proposal To Revive The Failing Division Defense, Amanda L. Wait

William & Mary Law Review

No abstract provided.