Law Commons^™

An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston

BYU Law Review

No abstract provided.

Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Introduction: Death Penalty And International Law, Davison M. Douglas

William & Mary Bill of Rights Journal

No abstract provided.

From Breard To Atkins To Malvo: Legal Incompetency And Human Rights Norms On The Fringes Of The Death Penalty, Linda A. Malone

William & Mary Bill of Rights Journal

No abstract provided.

Legislation And Implementation Of International Environmental Law By African Countries: A Case Study Of Ghana, Brigitte L. Okley

LLM Theses and Essays

The purpose of my thesis is to bring to the light the efforts of African countries, in this case Ghana, in implementing their environmental commitments under international law and some of the problems they face in this regard. African countries played a tremendous role in the emergence of international environmental law, after which environmental institutions and legislations have been set up for the conservation and management of natural resources. The thesis will discuss environmental issues particularly in Ghana, its obligation under various multilateral environmental conventions. The thesis will also focus on some of Ghana’s policies on the environment and its …

Recognition And Enforcement Of International Commercial Arbitration Awards, Shouhua Yu

LLM Theses and Essays

Arbitration is an effective way to solve disputes, through which parties from different countries can be partially free from anyone’s local jurisdiction. However, the recognition and enforcement of international arbitration awards still rely on the national court system. Since China opened its door to the world, more and more commercial disputes have been settled through arbitration. However, many foreign investors and writers have complained about the defects in the recognition and enforcement of arbitration awards in China. This paper will look into the causes of these defects in, and try to find ways to resolve the defects.

Summary Of Nevada Power Co. V. Eighth Judicial District Court Of Nevada, 120 Nev. Adv. Op. 97, Sally L. Galati

Nevada Supreme Court Summaries

Petitioner Nevada Power Company (NPC) filed a writ petition challenging the district court’s jurisdiction over a class action complaint against NPC that alleged deceptive and unfair trade practices, breach of the covenant of good faith and fair dealing, and breach of contract. The two issues facing the Nevada Supreme Court were (1) whether the district court had subjectmatter jurisdiction to entertain a complaint against a public utility for the above causes of action; and (2) if the district court did have jurisdiction over those claims, did the Public Utilities Commission of Nevada (PUC) have primary jurisdiction such that the district …

One Privilege To Rule Them All - Some Post-Sarbanes-Oxley And Other Reflections On A Federally Codified Attorney-Client Privilege, Timothy P. Glynn

Loyola of Los Angeles Law Review

No abstract provided.

The Role Of Litigation In Education Reform: Holding California Responsible, While Preserving Local Control, Lisa Lopez Trifiletti

Loyola of Los Angeles Law Review

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.

How To Influence States: Socialization And International Human Rights Law, Ryan Goodman, Derek Jinks

Duke Law Journal

Regime design choices in international law turn on empirical claims about how states behave and under what conditions their behavior changes. Substantial empirical evidence suggests three distinct mechanisms whereby states and institutions might influence the behavior of other states: coercion, persuasion, and acculturation. Several structural impediments preclude effective implementation of coercion- and persuasion-based regimes in human rights law--yet these models of social influence inexplicably predominate in international legal studies. In this Article, we first describe in some detail the salient conceptual features of each mechanism of social influence. We then link each of the identified mechanisms to specific regime design …

Four Ways To Better 1l Assessments, Ron M. Aizen

Duke Law Journal

No abstract provided.

Summary Of Butler V. State, 120 Nev. Adv. Op. 93, Sally L. Galati

Nevada Supreme Court Summaries

Defendant appealed his conviction on two counts of first-degree murder with the use of a deadly weapon, for which he received a sentence of death.

Case Note. Nemitz V. United States, A Case Of First Impression: Appropriation, Private Property Rights And Space Law Before The Federal Courts Of The United States, Robert Kelly

Journal of Space Law

No abstract provided.

How The Law Responds To Self-Help, Douglas Gary Lichtman

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich

Articles

Satirical legal studies utilize humor and ridicule to critique the pretensions and follies of the legal profession and academia, transcending traditional boundaries and challenging established hierarchies. By blending satire with legal critique, this genre exposes the social and political dimensions of law, advocating for inclusivity and radical change. Despite facing backlash, satire remains a vital tool in legal discourse, offering fresh perspectives and engaging forms that keep legal studies dynamic and relevant.

Racial Disparity In Chicago Arrests, 1998-2002, Jenelle A. Robinson

All-Inclusive List of Electronic Theses and Dissertations

Concerns of racial disparity in the criminal justice system have been the subject of public attention for decades. This study examines racial disparity in Chicago arrests from 1998-2002 and compares the levels of disparity in Chicago to these the nation. The study provides an average percentage of arrests for all given years for each race/ethnic group and compares that to the percentage of the population for each race/ethnicity to see if racial disparity exists. Results suggest that the largest disparities exist for Blacks, Hispanics, and Native Americans for both Chicago and the nation.

Corrective Justice, Equal Opportunity, And The Legacy Of Slavery And Jim Crow, David B. Lyons

Faculty Scholarship

Chattel slavery was a brutally cruel, repressive, and exploitative system of racial subjugation. When it was abolished, the former slaveholders owed the freedmen compensation for the terrible wrongs of enslavement. Ex-slaves sought reparations, especially in the form of land, but few received any sort of recompense. The wrongs they suffered were never repaired.

No one alive today can be held accountable for the wrongs of chattel slavery, and those who might now be called upon to pay reparations were not even born until many decades after slavery ended. For some scholars, the lack of accountable parties makes current reparations claims …

Introduction, Hanoch Dagan, Keith N. Hylton, Anthony J. Sebok

Faculty Scholarship

On April 9th and 10th, 2004, Boston University School of Law sponsored a symposium titled The Jurisprudence of Slavery Reparations. As the principal conference organizers, we are pleased and a bit awestruck to see the symposium contributions published in this issue of the Boston University Law Review. The papers published here - in the first symposium of its kind in a major law review - should serve as an immensely valuable reference on the jurisprudence of reparations

Government Corruption And The Right Of Access To Courts, Una A. Kim

Michigan Law Review

This Note addresses the question left unanswered in Harbury: whether these denial of access-to-courts cases, which Justice Souter termed "backward-looking" access claims, are valid exercises of a constitutional right. Backward-looking access claims such as Harbury's differ from traditional denial of access-to-courts claims in that their aim is not to remove impediments to bringing causes of action in the future. Rather, backward-looking access claims allege that a suit that could have been filed in the past was not brought or was not litigated effectively, because access to the courts was at that time denied or obstructed by government officials. …

The Defined Contribution Paradigm, Edward A. Zelinsky

Articles

Pension cognoscenti have frequently remarked on the stagnation of defined benefit pensions and the concomitant rise of defined contribution plans. I suggest that, over the last generation, something even more fundamental has occurred, something that can justly be called a paradigm shift. Americans today primarily conceive of and implement retirement savings in the form of individual accounts. Such accounts have become primary instruments of public policy, not just for retirement savings, but increasingly for health care and education as well.

Evaluating The Role Of Brown Vs. Board Of Education In School Equalization,, Orley C. Ashenfelter, William J. Collins, Albert Yoon

Princeton Law and Public Affairs Research Paper Series

In this paper we study the long-term labor market implications of school resource equalization before Brown and school desegregation after Brown. For cohorts born in the South in the 1920s and 1930s, we find that racial disparities in measurable school characteristics had a substantial influence on black males’ earnings and educational attainment measured in 1970, albeit one that was smaller in the later cohorts. When we examine the income of male workers in 1990, we find that southern-born blacks who finished their schooling just before effective desegregation occurred in the South fared poorly compared to southern-born blacks who followed behind …

David B. Heard Re: Permanent Review Board And Judge Anna Martinez, Hall & Monagle, Llc

Records related to Judge Anna Martinez

No abstract provided.

Vol. 27, No. 13 (November 29, 2004)

Indiana Law Annotated

No abstract provided.

Further Thoughts On Kanter And Ballard, Steve R. Johnson

Scholarly Publications

On December 7, 2004, the Supreme Court will hear oral arguments in the consolidated Kanter and Ballard cases. The Tax Court had substantially upheld the IRS’s determinations of large deficiencies and fraud penalties against several taxpayers. The taxpayers argued in part that the Tax Court's application of its Rule 183 violated both due process and applicable statutes. I disagreed with those arguments then, and I continue to do so now. On appeal, the taxpayers' challenges to Rule 183 were rejected by the Fifth, Seventh, and Eleventh Circuits. The decisions of those circuits are sound and should be affirmed.

Both an …

Free Will's A Gamble, Seow Hon Tan

Research Collection Yong Pung How School Of Law

The debate over whether Singapore should have a casino has turned from the contest between moral values and social repercussions, on the one hand, and economic values on the other, to whether Singaporeans can be trusted to act responsibly. Put another way, the issue now seems to be whether the approach should be paternalistic, with all its connotations of the nanny state protecting the individual from himself.

The Many Faces Of The Economic Substance's Two-Prong Test: Time For Reconciliation?, Yoram Keinan

ExpressO

The fall of 2004 saw the occurrence of several important developments in relation to the ongoing debate on the application of the economic substance doctrine. It started with the issuance of the opinion in Long Term Capital Holding v. United States in the end of August, a case in which a District Court held that a transaction involving the contribution of stock with a built-in loss to a partnership lacked economic substance and had been entered into without any business purpose other than tax avoidance. The court upheld penalties assessed by the IRS despite the taxpayer’s argument that it obtained …

Procedural Due Process Aspects Of District Of Columbia Eviction Procedures, Lynn E. Cunningham

ExpressO

The District of Columbia Superior Court, Landlord and Tenant Branch, administers the local Forcible Entry and Detainer statute in a manner that arguably violates standards of adequate notice under the Due Process Clause.

The Article 82 Ec Abuse Concept: What Scope Is There For Modernization?, Ulrich Quack, James Burling, John Ratliff, Antonio Capobianco, Suyong Kim, William Kolasky

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

On 30 September 2004, Wilmer Cutler Pickering Hale and Dorr LLP, the University of Nyenrode, and Global Competition Review co-sponsored a seminar on the reform of Article 82 EC by the European Commission. The seminar raised a great deal of interest amongst members of the legal community and attracted a large attendance. The speakers included some of the most well-known top-level policy makers, academics, and practitioners in the field of competition law. Over the last two years, there have been numerous calls for modernization of the way in which Article 82 of the EC Treaty is applied by the European …