Law Commons^™

Rethinking Assessments And Alternatives To Assessments From The Perspective Of A Bar Examiner, Erica Moeser

Georgia State University Law Review

No abstract provided.

The Unexpected Guest: Law And Economics, Law And Other Cognate Disciplines, And The Future Of Legal Scholarship, Thomas S. Ulen

Chicago-Kent Law Review

This Article argues that law and economics has worked a remarkable but unexpected change on legal scholarship. Many critics mistakenly claim that the most notable effect of law and economics lies in its conclusions about substantive legal rules. This Article argues that this criticism misses the far more radical effect of law and economics on the study of law—namely, its commitment to the scientific method of inquiry, a method that relies upon theorizing, then performing empirical work to verify or refute the theory, and then refining the theory in light of the results. The Article explains why this change has …

Should Law Professors Teach Public Choice Theory?, Guido Pincione

Chicago-Kent Law Review

This Article argues that various philosophically interesting objections to the use of public choice theory in legal education are misguided. Some writers hold that public choice theory, being descriptive, cannot help law students develop the interpretive skills needed by judges and lawyers. I reply that this objection rests on the false assumption that public choice theory lacks resources to accommodate rule following. Others object that public choice theory fosters cynicism and uncooperative attitudes. This rests on an unduly restrictive conception of the theory of rationality presupposed by public choice analysis. The public-choice focus on efficiency has also been disputed. In …

The Law And Economics Of Securities Fraud: Section 29(A) And The Non-Reliance Clause, David K. Lutz

Chicago-Kent Law Review

This Note examines whether precluding a plaintiff from claiming reasonable reliance on representations made outside of a final written agreement containing a non- reliance clause violates Section 29(a) of the Securities Exchange Act of 1934. The Note uses the Third Circuit's recent decision in AES v. Dow Chemical Co. to put the issue in context, and concludes that the court reached the wrong conclusion. By accepting the assumptions of law and economics, and addressing the arguments against such an approach from behavioralists and other critics, the Note argues that adopting a clear rule enforcing non-reliance clauses produces certainty in contractual …

Stealing Secrets: Communism And Soviet Espionage In The 1940s, Ellen Schrecker

North Carolina Law Review

No abstract provided.

No Harm, No Rule: The Muddy Waters Of Agency Policy Statements And Judicial Review Under The Missouri Administrative Procedure Act, Christopher Pieper

Missouri Law Review

The volume and variety of actions state and federal agencies take to implement a given regulatory scheme sometimes makes it difficult for courts to determine the difference between informal agency policy statements and formal agency rules. The Missouri Supreme Court dealt with this issue in the context of a challenge to a state agency’s implementation of the federal Clean Water Act. The court held that Missouri’s impaired waters list was an agency policy statement, rather than a rule, and that the challenge to the list was not ripe. This Note will examine the potential impact of the court’s decision on …

Eminent Domain Actions Targeting First Amendment Land Uses, Shelley Ross Saxer

Missouri Law Review

This Article advocates that courts should distinguish between typical land use regulation and should impose stricter constitutional limitations on the eminent domain power. Under our current concept of public welfare the potential for government abuse of its eminent domain power is great. The government's attempt to eliminate an undersirable, but constitutionally protected, use from its community through condemnation must be carefully scrutinized to ensure that there is not an impermissible motive behind the action. Eminent domain actions targeting land uses protected by the First Amendment should be subject to heightened scrutiny.

Missouri's Religious Freedom Restoration Act: A New Approach To The Cause Of Conscience, James A. Hanson

Missouri Law Review

This Law Summary will examine both the congressional and state efforts to buttress religious liberty guarantees. Of primary interest here is the most recent addition to this community: Missouri’s RFRA. After outlining the history and language of Missouri’s RFRA, this Summary will provide guidance for the interpretation and application of the statute in Missouri.

9th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 9th Biennial Employment Law Institute held by UK/CLE in June 2004.

Vol. 55, No. 1, Summer 2004, University Of Michigan Law School

Res Gestae

•2004 Summer Starters Move In •The Importance of Proper Footwear •Welcome to the Gang! •The Real Deal: Survival Tips from a 3L Summer Starter •Summer Starters Photos •Grade Curves •Crossword •

Designing A Work-Friendly Tax System, Jonathan Barry Forman

The University of New Hampshire Law Review

[Excerpt] "Taxes tend to influence individual choices between labor and leisure, and high effective marginal tax rates on earned income tend to discourage work. In particular, the empirical evidence shows that high effective marginal tax rates tend to discourage work by low- and moderate-income individuals, especially those that are trying to work their way out of the welfare system. Unfortunately, the current federal tax system often imposes its highest effective marginal tax rates on just those individuals. The purpose of this paper is to suggest some simple ways to reduce those high effective marginal tax rates. One approach would be …

Fairness And Welfare From A Comparative Law Perspective, Horacio Spector

Chicago-Kent Law Review

This Article discusses the relative value of law and economics and moral philosophy to explain private law in both common law and civil law jurisdictions. It argues that the recent philosophical paradigm, which revolves around the ideas of fairness and autonomy, is intellectually continuous with the School of Rationalist Natural Law. Though this School has been directly influential on the development of civilian private law, its ascendancy on common law cannot be documented. Paradoxically, recent philosophical explanations of private law bear on common law, while legal philosophers in civil law jurisdictions still follow Kelsen's research agenda, which focuses on the …

State Employers Are Not Sovereign: By Analogy, Transfer The Market Participant Exception To The Dormant Commerce Clause To States As Employers, Lara Gardner

Chicago-Kent Law Review

States should be treated as market participants and not be given sovereign immunity under the Eleventh Amendment when they are acting as private employers. Through an expansive reading of the Eleventh Amendment, the Supreme Court has restricted the right of state employees to sue under federal statutes intended to protect employees when the state is the employer and claims sovereign immunity. Under the market participant exception to the dormant Commerce Clause, if a state is acting as a market participant, rather than as a market regulator, it is no longer bound by the restraints of the Commerce Clause. The reasons …

2004 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Herbert C. Dobrinsky, Vice President for University Affairs, Yeshiva University; Herald

Michael E. Herz, Professor of Law, Benjamin N. Cardozo School of Law; Head Marshal

Presiding:

Morton Lowengrub, Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Richard M. Joel, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller

Invocation:

Rabbi Ozer Glickman

Welcome:

David Rudenstine, Dean, Benjamin N. Cardozo School of Law

Remarks:

Kathryn O. Greenberg, Chair, Board of Directors, Benjamin N. Cardozo School of Law; Class of 1982

Conferring of Honorary Degree and Commencement Address:

The Honorable Sandra Day O’Connor, Associate Justice, United States …

Iii. Federal Question Jurisdiction, Brianna J. Fuller

Loyola of Los Angeles Law Review

No abstract provided.

V. Removal And Remand, Heather R. Barber

Loyola of Los Angeles Law Review

No abstract provided.

Demore V. Kim: Is The Supreme Court Decreasing The Rights Of Lawful Permanent Residents, Yoh Nago

Loyola of Los Angeles Law Review

No abstract provided.

Foreword, Horacio Spector

Chicago-Kent Law Review

No abstract provided.

What Legal Scholars Can Learn From Law And Economics, Anthony Ogus

Chicago-Kent Law Review

The starting point of this Article is Richard Posner's statement of regret (in 1975) that, in terms of legal scholarship, "normative analysis vastly preponderates over positive," and that this can be corrected by the economic analysis of law. I consider that the positive, predictive contribution of law and economics is still undervalued. Lawyers, practitioners and academics, have much to learn from economic analysis because so often they fail to understand the nature of the interaction between law and market phenomena. This Article explores three areas of analysis to justify this contention: the interplay between public and private incentive systems to …

Commentary: Organized Professionals Can Be Effective Producers, Robert M. Tobias

Chicago-Kent Law Review

No abstract provided.

When Is A User Not A User - Finding The Proper Role For Republication Liability On The Internet, James P. Jenal

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Modified To Fit Your Screen: Dvd Playback Technology, Copyright Infringement Or Fair Use, Ashley C. Kerns

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Due Process Right To Privacy: The Supreme Court's Ultimate Trump Card, Jayne T. Woods

Missouri Law Review

This article examines the progress of the Supreme Court’s jurisprudence on a right to privacy. In Lawrence v. Texas, the Court overruled its decision Bowers v. Hardwick where the Court had ended the incremental progression of right to privacy challenges to state policy initiatives concerning private conduct. Such challenges have had the effect of shifting policy without the consent of the legislatures.

Democratic-Republican Societies, Subversion, And The Limits Of Legitimate Political Dissent In The Early Republic, Robert M. Chesney

North Carolina Law Review

No abstract provided.

Manhood And Subversion During World War I: The Cases Of Eugene Debs And Alexander Berkman, Kathleen Kennedy

North Carolina Law Review

No abstract provided.

Lose In Vietnam, Bring The Boys Home, Robert N. Strassfeld

North Carolina Law Review

No abstract provided.

Why Califonria Shopping Centers Can't Protect Mickey Mouse From Union Handbilling: A Comment On Glendale Associates V. Nlrb, Gena M. Stinnett

Loyola of Los Angeles Law Review

No abstract provided.

Memorandum Presenting The Case For Rapid Congressional Action In Response To Blakely V. Washington, Frank O. Bowman Iii

Faculty Publications

Soon after the decision of the U.S. Supreme Court in Blakely v. Washington, which invalidated the Washington state sentencing guidelines and cast doubt on the constitutionality of the Federal Sentencing Guidelines, the Senate Judiciary Committee held a hearing on "Blakely v. Washington and the Future of the Federal Sentencing Guidelines." Witnesses from the U.S. Department of Justice, the U.S. Sentencing Commission, and the judiciary downplayed the seriousness of the situation and urged caution in any congressional action. Concerned that the situation in the courts was more dire than the institutional witnesses had been willing to admit, Professor Frank Bowman subsequently …

Memorandum Presenting A Proposal For Bringing The Federal Sentencing Guidelines Into Conformity With Blakely V. Washington, Frank O. Bowman Iii

Faculty Publications

On June 24, 2004, the U.S. Supreme Court decided Blakely v. Washington, a case that invalidated the Washington state sentencing guidelines and cast the validity of the Federal Sentencing Guidelines into grave doubt. On June 27, 2004, Professor Frank Bowman sent a memorandum to the United States Sentencing Commission analyzing the probable impact of Blakely on the federal guidelines and proposing a legislative modification of the Guidelines to render them compliant with Blakely. The proposal relies on the rule of McMillan v. Pennsylvania, 477 U.S. 79 (1986), and Harris v. United States, 536 U.S. 545 (2002), that post-conviction judicial findings …

Endorsing Religion: Drug Courts And The 12-Step Recovery Support Program, Emily M. Gallas

American University Law Review

No abstract provided.