Law Commons^™

Balancing Security And Access In The Nation's Capital: Managing Federal Security-Related Street Closures And Traffic Restrictions In The District Of Columbia, D.C. Appleseed Center For Law And Justice

University of the District of Columbia Law Review

This report was prepared in December 2003 in order to stimulate a dialogue on the role the District of Columbia government should play with the federal government in attempting to achieve an appropriate balance between physical security and open access to public space when deciding on traffic restrictions around or near federal buildings or federal sites in the District of Columbia. A summary of this report was presented at the UDC/DCSL Law Review November 2003 symposium "In the Aftermath of September 11: Defending Civil liberties in the Nation's Capital." Since this report was prepared there has been an ebb and …

The Policing Of Demonstrations In The Nation's Capital: Legislative And Judicial Corrections Of A Police Department's Misconception Of Mission And Failure Of Leadership, Ralph Temple

University of the District of Columbia Law Review

No abstract provided.

An Ethos Of Lying, Paul Butler

University of the District of Columbia Law Review

No abstract provided.

Telling Stories And Keeping Secrets, Abbe Smith

University of the District of Columbia Law Review

No abstract provided.

Remarks Of Denyse Sabagh, Denyse Sabagh

University of the District of Columbia Law Review

No abstract provided.

Job Security And Bargaining Rights Of Federal Government Employees, Mark D. Roth, Gony Frieder, Anne Wagner

University of the District of Columbia Law Review

From the beginning of his administration, President George Walker Bush undertook to curtail employment rights, particularly those previously enjoyed by federal government workers. In the wake of the September 11th attacks, however, the Bush Administration was able to launch a full-scale attack on federal employment rights under the guise of national security. While the expansion of government power in the name of national security has come under substantial media and political scrutiny, much of this attention has focused on the threat posed to individual rights. Increased federal power under the USA PATRIOT Act' and other measures2 ostensibly intended to enhance …

Understanding Lawyers' Ethics: Zealous Advocacy In A Time Of Uncertainty, Katherine S. Broderick

University of the District of Columbia Law Review

Can or should a lawyer representing an alleged terrorist ethically allow the government to tape her conversations with her client as a prerequisite to the representation? Can a public defender live up to the promise of Gideon v. Wainright1 when he is carrying 100 serious felony cases? Should a lawyer who divulges a client confidence to bring down a corrupt judge be sanctioned? What ethical obligations obtain for the lawyer representing the CEO of a thriving start-up when the CEO admits that by over-reporting profits he believes that he has turned the company around? These questions, some of the toughest …

Broken Trust And Divided Loyalties: The Paradox Of Confidentiality In Corporate Representation, Laurie A. Morin

University of the District of Columbia Law Review

Should a lawyer protect her client's confidences when she knows that client is about to perpetrate a fraud that will cause substantial financial harm to third parties? For decades, the response of the organized bar has been a resounding "yes." 1 Until August 2003, the American Bar Association's (ABA's) Model Rules of Professional Conduct (Model Rules) provided that a lawyer owes her client a duty of loyalty to preserve the client's confidences, even if that client is about to commit a criminal fraud.2 The recent wave of corporate scandals that led to record-breaking bankruptcies and investor losses prompted the ABA …

Wrongful Convictions: It Is Time To Take Prosecution Discipline Seriously, Ellen Yaroshefsky

University of the District of Columbia Law Review

Ron Williamson, who came within five days of execution, and Dennis Fritz, who served twelve years of a life sentence, were released from prison in 1999. They were innocent men, wrongfully convicted of the rape and murder of Debra Carter. Arrested five years after her murder and tried separately, the cases against them rested on testimony of a jailhouse informant, a jail trainee, and unreliable hair evidence. Fortunately, there was DNA evidence in the case, and scientific testing exonerated Fritz and Williamson. The evidence instead implicated Glen Gore, the person who should have been the prime suspect. Many of these …

Historical Links: The Remarkable Legacy And Legal Journey Of The Honorable Julia Cooper Mack, Inez Smith Reid

University of the District of Columbia Law Review

No abstract provided.

Presentation By Councilmember Kathy Patterson, Kathy Patterson

University of the District of Columbia Law Review

No abstract provided.

Demonstrations, Security Zones, And First Amendment Protection Of Special Places, Mary M. Cheh

University of the District of Columbia Law Review

No abstract provided.

The Chimera And The Cop: Local Enforcement Of Federal Immigration Law, Michael M. Hethmon

University of the District of Columbia Law Review

The questions of if, when, and how local police can enforce federal immigration laws go to the heart of the legal hunt for the chimera that is contemporary American immigration law.1 In the opening years of this century, the estimated illegal alien population in the United States has reached historic levels. The national response to the attacks of September 11, 2001 transformed what had been largely a municipal conflict between ethnic organizations, the immigration bar, and local governments in high-immigration jurisdictions into a much larger national debate about national security, civil liberties, and federalism.z After the devastating attacks on the …

Vol. Ix, Tab 41 - Ex. I - Hagan Deposition From Geico (Google Managing Counsel - Trademarks), Rose Hagan

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Electronic Health Records: How Close? How Far To Go?, Lisa Sprague

National Health Policy Forum

This paper looks at the central role of the electronic health record (EHR) in health information technology. It considers the extent to which EHRs are in use and initiatives designed to increase their prevalence, as well as barriers to the widespread adoption of EHRs and efforts to surmount them. Particular attention is given to such obstacles as cost, the professional culture of physicians, standardization, and legal questions.

Trumps, Inversions, Balancing, Presumptions, Institution Prompting, And Interpretive Canons: New Ways For Adjudicating Conflicts Between Legal Norms, Carlos E. Gonzalez

Rutgers Law School (Newark) Faculty Papers

This article begins by reviewing the axiomatic principles that govern courts when dealing with cases in which two legal norms are interpreted as standing in conflict. The article then makes three distinct contributions.

First, the article explicates the central justification behind the use and perpetuation of the extant principles. In briefest terms, the extant principles are best justified as an attempt to resolve cases in which legal rules stand in conflict in a way that enhances or preserves the democratic legitimacy of law. They do this by favoring norms created by entities of relatively strong democratic legitimacy over norms created …

Seventeen Famous Economists Weigh In On Copyright: The Role Of Theory, Empirics, And Network Effects, Stan Liebowitz, Stephen Margolis

ExpressO

The case of Eldred v. Ashcroft, which sought to have the Copyright Term Extension Act (CTEA, aka Sonny Bono Copyright Act) declared unconstitutional, was recently decided by the Supreme Court. A remarkable group of seventeen economists including five Noble laureates, representing a wide spectrum of opinion in economics, submitted an amicus curie brief in support of Eldred. The economists condemned CTEA on the grounds that the revenues earned during the extension are so heavily discounted that they have almost no value, while the extended protection of aged works creates immediate monopoly deadweight losses and increases the costs of creating new …

Vol. 55, No. 4, September 28, 2004, University Of Michigan Law School

Res Gestae

•Demolition Shapes School Office Space •Question on the Quad •How to Pass the Ann Arbor Bar Exam •Alumnus Offers Refreshing Insight on How to Succeed with "Economy Grades" •Hanging with Professor Cooper •NYU vs. U-Mich? •Grade Curves •Jobless and Worry-Free: A 3L's Story of Hope and Redemption •Okay, So Maybe I Was Wrong... •It's Okay to Play Games in the Quad, and With Your Life, but Not if You Suck •Student Wonders What Was Accomplished •Burned to a Crip: The Arcade Fire Releases a Classic •Response to "What Would Jesus Do?" •Environmental Law Students Hit the Sticks at Annual Canoe …

The Ethics Of The Adversary System, Greg S. Sergienko

ExpressO

This article considers many commonly advanced criticisms of the adversary system. It provides an analytic framework that includes the likely results of changed ethical rules and that distinguishes and analyzes separately two different possible goals of the system, seeking the truth and promoting justice. The article is also unusual in the range of supporting materials that it synthesizes, which includes contributions from economic theory, psychological studies, philosophy, and traditional legal ethics.

The article concludes that changes in ethical codes meant to increase lawyers' duty to promote the truth will have a perverse result, decreasing the accuracy of litigation. This will …

Worldwide Influence Of The French Civil Code Of 1804, On The Occasion Of Its Bicentennial Celebration, Xavier Blanc-Jouvan

Cornell Law School Berger International Speaker Papers

The French Civil Code (still called the Code Napoleon) is now two hundred years old. Its bicentennial has been celebrated this year in many countries. The reason is that is Code has experienced an extraordinary expansion throughout the world during the XIXth and XXth centuries. But how influential is it today? A certain weakening of its positions is due to a number of factors : legal (the abundance of models now available) and cultural (the regression of the use of French as an international legal language as well as the declining attraction of our universities in the formation of foreign …

Presidential And Vice Presidential Succession: Overview And Current Legislation, Thomas H. Neale, Congressional Research Service. Library Of Congress, Government And Finance Division. Library Of Congress

Congressional Materials

Review of legislative history of Presidential and Vice Presidential succession.

Israel Poultry Farmers Association V. Government Of Israel, Dorit Beinisch, Aharon Barak, Mishael Cheshin

Translated Opinions

Petition to the Supreme Court sitting as the High Court of Justice

Facts: The Knesset enacted the Israel Economic Recovery Programme (Legislative Amendments for Achieving Budgetary Goals and the Economic Policy for the 2003 and 2004 Fiscal Years) Law, 5763-2003, which contained, in chapter 11, major changes to the regulation of the agricultural sector in Israel. This law, which contains many diverse provisions, was passed in a rushed process with very little debate either in the House or the committees of the Knesset.

The petitioners claimed, for a wide variety of reasons, that chapter 11, the ‘Agriculture Chapter,’ should be …

Vol. 27, No. 05 (September 27, 2004)

Indiana Law Annotated

No abstract provided.

The Limitations Of Retirement Plan Law, Peter M. Van Zante

ExpressO

It is widely believed that employers determine whether or not their employees receive retirement benefits and the type and amount of any benefits that are received. This belief is mistaken. While sponsorship of a retirement plan is a voluntary choice on the part of the sponsoring employer and the sponsoring employer directly controls the type of plan and the level of benefits provided, the employer's choices on these matters are controlled by its employees' preferences for different forms of compensation. An employer must spend the funds available for employee compensation so as to provide its employees with those forms of …

In The Matter Of Tribal Council Ordinance 14, Frank Pommersheim

Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim

No abstract provided.

Sept. 23, 2004, Cso, Overall Matrix Comparing Pss With Safeguards, Ifc

IFC E&S Performance Standards

No abstract provided.

Tribe V. White Quills, 03-C-6177 (Blkft. Tr. Ct. App., Sept. 23, 2004), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court via a petition for a Writ of Habeas Corpus concerning the permanent expulsion of a non-member Indian, Blackfeet Descendant, who is a member of the Blood tribe, from Canada. Defendant had lived on the Blackfeet Indian reservation since 1999 and had a tumultuous relationship with a Blackfeet tribal member which resulted in the domestic abuse conviction, in tribal court. Ten separate charges, regardless of conviction, were used to justify Defendant’s permanent expulsion from the Blackfeet Indian Reservation.

• The Court considered whether;

• 1) Defendant’s Due Process rights were violated by the permanent …

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The International Review | 2004 Fall, Michael Rhee

The International Review Newsletter

The War on Terror: Balancing National Security and Civil Liberties

Outsourcing Backlash?

Will Efforts to Keep Jobs at Home Violate the U.S. Constitution and International Law?

Alumna Profile: Roberta Baldini ’94, Assistant Trial Attorney, International Criminal Tribune for Rwanda

Global trade talks back on track

One-sentence curb on human rights abuses

Cotton no longer king at the WTO?

Open and shut: First WTO case against China

International high stakes poker?

An exception to an exception

Ancillary Joint Ventures And The Unanswered Questions After Revenue Ruling 2004-51, Gabriel O. Aitsebaomo

ExpressO

Ever since the Internal Revenue Service (the "Service") issued Revenue Ruling 98-15… in which it emphasized "control" as a critical factor in determining whether a tax-exempt hospital that enters into a whole-hospital joint venture with a for-profit entity would continue to maintain its tax-exemption, practitioners and scholars alike have sought guidance from the Service regarding whether such "control" would also be required of an exempt organization that enters into an "ancillary joint venture" with a for-profit entity. In response, the Service issued Revenue Ruling 2004-51 on May 6, 2004.

… In Revenue Ruling 2004-51, the Service enunciated that a tax-exempt …

Rethinking Regulatory Democracy, Mariano-Florentino Cuellar

ExpressO

This article empirically examines democratic participation in three different regulatory proceedings, involving financial privacy, nuclear regulation, and campaign finance. It then uses that analysis to critique -- and suggest alternatives to -- existing mechanisms to achieve public participation in the regulatory state. The current mechanism for structuring public participation in regulatory decisions (or “regulatory democracy”) relies on demand-driven procedures like the Administrative Procedure Act’s notice and comment process. Organized interests and others who decide they have sufficient resources and interest to do so comment on regulations. While some observers consider this process close to ideal, others instead seem to accept …