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Tulsa Law Review

No abstract provided.

Tools For Inclusion: Getting The Most From The Public Vocational Rehabilitation System, Colleen Condon, Cecilia Gandolfo, Lora Brugnaro, Cindy Thomas, Pauline Donnelly

Tools for Inclusion Series, Institute for Community Inclusion

Every state has a vocational rehabilitation agency that is designed to help individuals with disabilities meet their employment goals. Vocational rehabilitation agencies assist individuals with disabilities to prepare for, get, keep, or regain employment. This publication answers questions frequently asked by individuals with disabilities. For consumers.

Salt Equalizer, Vol. 2004, Issue 4, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Emily Houh, SALT's Affirmative Action Committee Hard at Work, at 1.

Holly Maguigan & Beto Juarez, Co-Presidents' Column, at 1.

Bob Dinerstein, Am I Blue? Judicial Nominations Will Be a Continuing Battleground in the Second Bush Term, at 4.

Kent Greenfield, Solomon Litigation Update, at 5.

Beto Juarez, "Class in the Classroom" a Classy Affair, at 6.

Scenes from the Teaching Conference, at 6.

Eileen Kaufman, Chicago Conference Highlights Need to Rethink the Bar Exam Process, at 7.

Nancy Cook, You're Invited: SALT and EJS to Co-Sponsor Reception and …

The Enduring Significance Of State Sovereignty, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

An Architecture For Spam Regulation, David Dickinson

Federal Communications Law Journal

Junk email, commonly referred to as "spam," is the current scourge of the Internet. In late 2004, unwanted email messages were being delivered at a rate of 12.4 billion per day. The variety of tools used to combat spam have failed to make a significant impact. Legislative efforts, such as the CAN-SPAM Act of 2003, met with substantial enforcement complications. The communications industry responded with a variety of technical advances, such as filters and blacklists, but those innovations are still unable to reliably distinguish between wanted and unwanted messages. Real coordination between legislative and technical spam control tactics has yet …

Business Associations, Paul A. Quirós, Lynn S. Scott, William B. Shearer Iii, James F. Brumsey

Mercer Law Review

This Article surveys noteworthy cases in the areas of corporate, securities, partnership, and banking law decided during the survey period by the Georgia Supreme Court, the Georgia Court of Appeals, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia. The Article also summarizes recent enactments of the Georgia General Assembly with respect to the foregoing subject matters.

Construction Law, Dennis J. Webb Jr., Henry L. Balkcom Iv, Dana R. Grantham

Mercer Law Review

This Article surveys construction law decisions handed down by Georgia appellate courts between June 1, 2003, and May 31, 2004. The cases discussed primarily fall within five categories: (1) contract; (2) tort; (3) mechanics' and materialmen's liens; (4) arbitration; and (5) legislation. The Article also includes a miscellaneous section covering noteworthy cases that do not fit neatly into the sections enumerated above.

Local Government Law, R. Perry Sentell

Mercer Law Review

"My city was desirous of suing the county for violating the city's zoning ordinance .... As City Attorney, I was requested to research the matter and give an opinion to the Mayor and Council .... After giving my opinion that a suit against the county would be contrary to law and might subject the city (and its lawyer) to attorney's fees, the [Mlayor and [Clouncil voted unanimously to sue the county. The local newspaper's headlines read, 'City Votes Unanimously To Sue County Against Advice of City Attorney!' One of the Council members was quoted as saying, 'regardless of the law, …

Death Penalty Law, Holly Geerdes, David Lawless

Mercer Law Review

This Article surveys the death penalty decisions of the Georgia Supreme Court from June 1, 2003, through May 31, 2004. The cases discussed include those heard by the supreme court on interim appeal, on direct appeal, and on review of habeas corpus decisions. Focusing on the court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not discuss holdings in capital cases that are common to all criminal appeals. Four United States Supreme Court decisions are included in this survey because of their salience to Georgia death penalty law.

Torts, Deron R. Hicks

Mercer Law Review

In Music v. Steamco, Inc., the Georgia Court of Appeals affirmed the trial court's grant of summary judgment in favor of a restaurant in a slip and fall action. The action was filed by a patron of the restaurant who suffered injuries when she fell down a set of stairs while exiting the restaurant. Plaintiff, after having lunch with her friends at defendant's restaurant, prepared to leave the restaurant by way of the same stairs she used to enter the restaurant. As she stood at the top of the stairs, plaintiff noticed water on the steps; however, the steps …

Insurance, Stephen M. Schatz, Stephen L. Cotter, Bradley S. Wolff

Mercer Law Review

Across the board, courts strictly applied insurance contracts as they were written. Typical of this survey year, insureds went zero for five in attempts to escape from their responsibility to read their policies. Public policy arguments did not seem to work. At the end of the survey year, the Georgia Court of Appeals further clarified the application of coverages in complex areas of insurance for "advertising injury" and "construction defects."

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary K. Radford

Mercer Law Review

This Article examines the major cases decided and legislation enacted from June 1, 2003 through May 31, 2004. The cases and statutes discussed cover the substantive law relating to decedents' estates, trusts, and guardianships, and to the fiduciaries who administer these entities.

Administrative Law, Martin M. Wilson

Mercer Law Review

This Article surveys the Georgia Supreme Court and Georgia Court of Appeals administrative law cases from June 1, 2003 through May 31, 2004. Over two dozen pertinent cases were decided during the survey period, many of them containing highly novel elements. The novelty of certain facets of the cases only stands to reason, as all levels of government continue to increase reliance upon administrative agencies to perform necessary functions. The regulatory framework imposed by these agencies never fills in all the blanks regarding those functions. The unanswered questions invariably invite appellate court decisionmaking.

No attempt has been made in this …

Contributory Copyright Liability In Napster Versus Grokster: A Distinction Without A Difference, David Corwin

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Riaa V. Verizon Internet Services, Inc.: Peer-To-Peer Networking Renders Section 512 (H) Subpoenas Under The Digital Millennium Copyright Act Obsolete, Thomas P. Owen Jr., A. Benjamin Katz

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Introduction, David P. Leonard

Loyola of Los Angeles Law Review

No abstract provided.

A Psychological Critique Of The Assumptions Underlying The Law Of Evidentiary Privileges: Insights From The Literature On Self-Disclosure, Edward J. Imwinkelried

Loyola of Los Angeles Law Review

No abstract provided.

Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh

Faculty Scholarship

Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …

Sharing Sovereignty: Non-State Associations And The Limits Of State Power, Franklin G. Snyder

Faculty Scholarship

The subject of mediating associations and voluntary associations have received much attention in recent years. Both conservative and liberal scholars have invoked the idea that certain institutions that fall somewhere on the spectrum between the State and the Individual play a significant role in society and that they therefore ought to be protected and even cultivated. But much of this work proceeds from a flawed premise, and leads to an instrumental view of these non-State associations that requires that these institutions be justified based on their social utility. This view means that the utility of any given institution usually seems …

The Opinion Volume 43 Issue 3 – December 1, 2004, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 01, 2004

European Administrative Proceedings, Sabino Cassese

Law and Contemporary Problems

Cassese discusses the third strategy of administrative integration, mixed or composite proceedings in which both Community and national authorities participate. Cassese analyzes how the common element takes root in the national part of the proceeding, what the national and supranational parts consist of, and the extent to which they remain distinct or appear instead as a single unit.

Three Generations Of Participation Rights Before The European Commission, Francesca Bignami

Law and Contemporary Problems

Bignami offers a conceptual framework for analyzing the development of participation rights before the European Commission from the early 1970s to the present day. Process rights before the Commission can be divided into three categories, each of which is associated with a distinct phase in European Community history and a particular set of institutional actors.

Editor’S Note

Law and Contemporary Problems

No abstract provided.

Regulatory Taxings, Eduardo M. Peñalver

Cornell Law Faculty Publications

The tension between the Supreme Court's expansive reading of the Takings Clause and the state's virtually limitless power to tax has been repeatedly noted, but has received little systematic exploration. Although some scholars, most notably Richard Epstein, have used the tension between takings law and taxes to argue against the legitimacy of taxation as it is presently practiced, such an approach has failed to gain a significant following. Instead, the broad legal consensus is that legislatures effectively have unlimited authority to impose tax burdens. Nevertheless, this Article demonstrates that every attempt to formulate a "Reconciling Theory," a theory that would …

Why Do Empirical Legal Scholarship?, Theodore Eisenberg

Cornell Law Faculty Publications

People conduct legal scholarship for many different reasons. This Article focuses on the demand for and reaction to scholarship that helps inform litigants, policymakers, and society as a whole about how the legal system works. Law schools do little to train generations of lawyers in how to systematically assess the state of the legal system and the legal system's performance. Schools leave such assessments largely to self-interested advocates and to other disciplines. Self-interested advocates have less interest in objective assessment of the system than in pushing preferred policy agendas. Academic disciplines other than law have a distinct advantage in that …

On The Design Of Efficient Priority Rules For Secured Creditors: Empirical Evidence From A Change In Law, Clas Bergström, Theodore Eisenberg, Stefan Sundgren

Cornell Law Faculty Publications

This article assesses the effect of a reduction in secured creditor priority on distributions and administrative costs in liquidating bankruptcy cases by reporting the first empirical study of the effect of a priority change. Priority reform had redistributive effects in liquidating bankruptcy. As expected, average payments to general unsecured creditors were significantly higher after the reform than before the reform and payments to secured creditors decreased. Reform did not increase the size of the pie to be distributed in bankruptcy. Nor did it increase the direct costs of bankruptcy.

Civilian Immunity And The Rebuttable Presumption Of Innocence, James M. Donovan

Law Faculty Scholarly Articles

"Terrorist" is a word that at once vilifies and justifies, serving the same function in today's politics and popular imagination as was served by the term "Nazi" a half century ago, or "communist" thereafter, or "witch" in our colonial days, in that it is "always, or even necessarily, wrong." Few appellations today are as effective to ostracize a person, movement, or organization from civilized company, and an astonishing array of actions and reactions can be fully warranted when having as their intent a response to the mere threat -- much less an actual act -- of terrorism.

This Essay does …

Association Of American Law Schools Conference: Transcript Of The Section On Natural Resources In Atlanta, Georgia, January 5, 2004, Barlow Burke

Georgia State University Law Review

No abstract provided.

The Supreme Court "Sells" Charles Singleton Short: Why The Court Should Have Granted Certiorari To Singleton V. Norris After Reversing United States V. Sell, Jeremy P. Burnette

Georgia State University Law Review

No abstract provided.

Appellate Practice And Procedure, Roland F. L. Hall

Mercer Law Review

This Article surveys noteworthy decisions addressing appellate practice and procedure handed down by the Georgia appellate courts. The reviewed decisions fall into the following categories: (1) appellate jurisdiction; (2) preserving the record; (3) notice of appeal; (4) timeliness of appeal; and (5) miscellaneous cases of interest. Although there were no dramatic developments during the survey period, the courts addressed several topics of interest to the practitioner, particularly in the areas of preserving issues for appeal and correctly drafting the notice of appeal.