Law Commons^™

The Sky Is Not Falling—That Which You Feel Is Merely A No. 10 Earthquake—Blakely V. Washington: The Supreme Court Sentences The American Criminal Justice System To Disaster, Bedlam, And Reform, Christopher P. Carrington

University of Arkansas at Little Rock Law Review

No abstract provided.

Wiley Austin Branton And The Voting Rights Struggle, Judith Kilpatrick

University of Arkansas at Little Rock Law Review

No abstract provided.

Confidential Settlements: The Defense Perspective, Stephen E. Darling

South Carolina Law Review

No abstract provided.

A World Of Passions: How To Think About Globalization Now, Jedediah Purdy

Indiana Journal of Global Legal Studies

No abstract provided.

Partition Of Failed States: Impediments And Impulses, Thomas D. Grant

Indiana Journal of Global Legal Studies

No abstract provided.

For-Profit Education Service Providers In Primary And Secondary Schooling: The Drive For And Consequences Of Global Expansion, Amy M. Steketee

Indiana Journal of Global Legal Studies

No abstract provided.

Localizing Intellectual Property In The Globalization Epoch: The Integration Of Indigenous Knowledge, Chidi Oguamanam

Indiana Journal of Global Legal Studies

No abstract provided.

Building The Northeast Asian Community, Byung-Woon Lyou

Indiana Journal of Global Legal Studies

No abstract provided.

Reading/Teaching Lawyer Films, James R. Elkins

Law Faculty Scholarship

No abstract provided.

Elements Of Estate Planning Ii: With A Mind To Drafting, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Elements of Estate Planning II: With a Mind to Drafting held by UK/CLE in July 2004.

Mind The Gap: Unilateral Effects Analysis Arrives In Ec Merger Control, Sven Volcker

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

With the adoption of a new substantive test in the revised Merger Regulation, and the publication of the European Commission's Guidelines on the assesment of horizontal mergers, unilateral effects analysis is poised to become an integral part of merger review in the European Union. Notwithstanding the Commission's insistence on a European terminology ("non-coordinated" rather than "unilateral" effects), the EC thus embraces a concept that has gained substantial traction in the United States since its explicit recognition in the 1992 Horizontal Merger Guidelines as one variant of a "substantial lessening of competition" (SLC) under s.7 of the Clayton Act. This is …

Lean And Green? Environmental Law And Policy And The Flexible Production Economy, Dennis D. Hirsch

Indiana Law Journal

No abstract provided.

A Government Of Laws And Not Men: Prohibiting Non-Precedential Opinions By Statute Or Procedural Rule, Amy E. Sloan

Indiana Law Journal

No abstract provided.

Requiring A True Choice In Housing Choice Voucher Programs, Kristine L. Zeabart

Indiana Law Journal

No abstract provided.

Fletcher's Rethinking: A Memoir, Kyron J. Huigens

Articles

No abstract provided.

Too Many Markets Or Too Few? Copyright Policy Toward Shared Works, Michael J. Meurer

Faculty Scholarship

Proper analysis of sharing requires attention to the ways copyright law shapes markets. It also requires an analytic framework that identifies the gains and losses to copyright owners and users operating under the different market forms that can be sustained by different versions of copyright law. My framework will help judges avoid two mistakes that a market failure orientation invites. First, some judges overemphasize transaction costs and fail to appreciate the reasons to apply fair use to sharing even when negotiation and payment costs are zero. One reason is well known: sharing that generates positive externalities may be treated as …

Law, Economics, And The Theory Of The Firm, Michael J. Meurer

Faculty Scholarship

Economic analysis of the law assumes the "shadow of the law" influences the behavior of businesses. Thus, business people consider the costs and benefits of contract litigation when they make decisions about contract performance, they consider the costs of tort litigation when they make investments in safety, they consider the costs of violating a regulation when they make decisions about regulatory compliance, and so on. Economic models of law typically abstract from organizational detail and treat businesses as if they are represented by a single manager who controls the firm's behavior and acts to maximize its profit. This abstraction simplifies …

History In Journalism And Journalism In History: Anthony Lewis And The Watergate Crisis, Pnina Lahav

Faculty Scholarship

Let me plunge right into a Lewis column to convey his marvelous craft in weaving the past into a contemporary moment. This one is from July 8, 1974. The column is about the oral argument before the Supreme Court in the Executive Privilege case, which was about to enter the constitutional canon as United States v. Nixon. Lewis writes as both eyewitness and commentator. He begins with constitutional history invoking Marbury v. Madison:

"It seemed at times like a constitutional casebook come to life. Marbury v. Madison was not only cited but, for a moment, debated. What exactly …

Fletcher's Rethinking: A Memoir, Kyron Huigens

Tulsa Law Review

No abstract provided.

Fletcher On Offences And Defences, John Gardner

Tulsa Law Review

No abstract provided.

Rethinking Crime Legislation: History And Harshness, V. F. Nourse

Tulsa Law Review

No abstract provided.

Rethinking The Universal Structure Of Criminal Law, Francisco Munoz Conde

Tulsa Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

Corporate Social Responsibility And Sustainable Development: The European Union Initiative As A Case Study, Kristina K. Herrmann

Indiana Journal of Global Legal Studies

No abstract provided.

Research To Practice: State Agency Systems Collaboration At The Local Level: Gluing The Puzzle Together, The Staff Perspective, Gabriella Santoro Rado, Doris Hamner, Susan Foley

Research to Practice Series, Institute for Community Inclusion

Some states acknowledge the benefits of interagency collaboration but have trouble putting it into action. ICI researchers worked with local offices to help them improve the One-Stop Career Center network for people with disabilities. This brief gives an "in the trenches" view of tools that worked.

The Personality Of U.S. Supreme Court Justice Clarence Thomas, Aubrey Immelman, Jamie Thielman

Psychology Faculty Publications

This paper presents the results of an indirect assessment of the personality of U.S. Supreme Court associate justice Clarence Thomas, from the conceptual perspective of Theodore Millon.

Information concerning Justice Thomas was collected from biographical sources, speeches, and published reports and synthesized into a personality profile using the second edition of the Millon Inventory of Diagnostic Criteria (MIDC), which yields 34 normal and maladaptive personality classifications congruent with Axis II of DSM-IV.

The personality profile yielded by the MIDC was analyzed on the basis of interpretive guidelines provided in the MIDC and Millon Index of Personality Styles manuals. Justice …

Turning Lemons Into Lemonade: Making Georgia V. Ashcroft The Mobile V. Bolden Of 2007, Jocelyn Benson

Law Faculty Research Publications

No abstract provided.

Bankruptcy, James D. Walker Jr., Amber Nickell

Mercer Law Review

Since last year's article, the courts in the Eleventh Circuit have issued-with a few exceptions-mostly routine bankruptcy opinions. The United States Supreme Court, however, has been very busy, deciding six bankruptcy-related cases. It makes sense to begin with one of the most anticipated of those opinions.

Federal Sentencing Guidelines, Rosemary T. Cakmis

Mercer Law Review

Despite the passage of almost two decades since the enactment of the United States Sentencing Guidelines ("U.S.S.G."), issues relating to the sentencing guidelines continue to dominate Eleventh Circuit case law. This is no doubt due, at least in part, to the fact that by 2003, the guidelines had been amended 662 times.

Ambiguities within the guidelines regularly lead to differing interpretations of those guidelines among the circuit courts of appeals. These differing interpretations result in further guideline amendments aimed at reconciling the splits among the circuits. The amended guidelines result in new issues of first impression, new interpretations, and new …

Evidence, Marc T. Treadwell

Mercer Law Review

On March 8, 2004, the United States Supreme Court, in Crawford v. Washington, rendered its most significant evidence decision in a number of years. Since the Court's 1980 ruling in Ohio v. Roberts, holding that the Sixth Amendment's confrontation clause does not necessarily bar the admission of out of court statements in criminal trials, federal and state courts have increasingly allowed prosecutors to use hearsay statements against criminal defendants if trial judges found that the statements bore sufficient indicia of reliability. Crawford likely will bring an end to that.

As the author has often commented in surveys of …