Law Commons^™

Section 4(F): Analyzing Differing Interpretations And Examining Proposals For Reform, David E. Kunz

ExpressO

Section 4(f): Analyzing Differing Interpretations and Examining Proposals for Reform, focuses on the ongoing debate over the scope, meaning and application of Section 4(f) of the Department of Transportation Act of 1966. Section 4(f) affects the construction and development of transportation-related projects that require the use of public parks, wildlife refuges or historic sites. Since its enactment, it has been a source of controversy and debate within the transportation and environmental law communities. Recent congressional and executive branch actions aimed at reforming the law have garnered increased attention. This article analyzes the current state of play concerning section 4(f) and …

Vol. 55, No. 8, November 23, 2004, University Of Michigan Law School

Res Gestae

•Scalia Visit Brings Attention, Constitutional Debate to M-Law •Editorial: Urine Trouble •Too 'Legit': Chomsky Rocks Hutchins •Scalia Faces Student Questions, Reactions •No Monopoly on Closed Mindedness •Actual Useful Information: Exam-Taking Tips from Profs, Students •Eating Crow: A Messy Situation •From the Bookshelf: Recommended Reading for Winter Break •Jenny Runkles Photos •Music Attorney Lays Down Laws of Rock •The Reason for the Season: Things to be Thankful for in the State of Hutchins •Why a Nation No Longer United? •Treat Your Last Like Your First: Recapture the First Semester Magic •Crossword •Question on the Quad

Tall White Man Et. Al. V. Blackfeet Indian Housing Authority, 97-Ca-474 & 99-Ap-37 (Blkft. Tr. Ct. App., Nov. 23, 2004), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court addressed a waiver of sovereign immunity in a suit between a decedent’s children against the tribe and involving a third-party defendant, Simpson Dura-Vent Company, Inc. Plaintiffs alleged negligence against the Blackfeet Indian Housing Authority (BIHA) for failing to maintain the furnace in their decedent father’s tribal housing unit. Plaintiff’s father died due to carbon monoxide poisoning.

• BIHA was created through Tribal Ordinance# 7, effective January 7, 1977. Article V, paragraph 2 of the Ordinance provides as follows: “The Council hereby gives its irrevocable consent to allowing the Authority to sue and …

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“Judicial Nationalism” In International Law: National Identity And Judicial Autonomy At The Icj, Adam M. Smith

ExpressO

To many, the International Court of Justice’s allowance for a State to have a co-national on the bench when the Court hears its case is an affront to “justice.” The unstated assumption—under which both the critics of the practice and the States who demand it operate—is that national judges will view co-nationals with greater sympathy than they do foreigners. Despite its intuitive appeal, it is troubling that States, critics and academics alike have accepted this assumption with little questioning. In fact, nothing on “judicial nationalism” in the ICJ has appeared in the academic literature since the 1960s. Given the ICJ’s …

Vol. 27, No. 12 (November 22, 2004)

Indiana Law Annotated

No abstract provided.

Whistle Blowing, Ben Depoorter, Jef De Mot

George Mason University School of Law Working Papers Series

For law enforcement purposes corruption and fraud are hard battles. Because of the highly secretive and premeditated nature of these crimes, prime witnesses are themselves often implicated in the fraudulent transaction. Promises of immunity and whistle blowing rewards are often required to resolve these information asymmetries. These insights have set a trend, both in scholarship and law enforcement practice, towards reward-based approaches (carrots), as an alternative or complement to punishment based deterrence (sticks). Applying the U.S. False Claims Act (FCA) as an analytical framework, we provide a critical review of the efficiency limitations of whistle blowing. More specifically, the formal …

The Bank Of Hoven (Plains Commerce Bank) V. Long Family Land And Cattle Company, Inc., Frank Pommersheim

Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim

No abstract provided.

Ganis V. Ministry Of Building And Housing, Mishael Cheshin, Aharon Barak, Ayala Procaccia, Dorit Beinisch, Eliahu Mazza, Jacob Turkel, Eliezer Rivlin

Translated Opinions

Facts: Shortly before the election for Prime Minister in 2001, the Knesset passed a law that gave certain persons an entitlement to grants for the purchase or extension of an apartment in Jerusalem. After the election, some six weeks later, the Knesset suspended the grants, and went so far as to include a provision to the effect that the suspension of the grants was retroactive, from the date on which the grants originally came into effect. The petitioners challenged this retroactive suspension of the grants, on the grounds that they had relied on the grants and undertaken to buy or …

Three Strikes And You're Outside The Constitution: Will The Guantanamo Bay Alien Detainees Be Granted Fundamental Due Process?, Michael Greenberger

Faculty Scholarship

The United States Supreme Court has agreed to take up its first case arising from the War on Terror by hearing the consolidated appeals of two groups of foreign aliens who are or who had been detained at the United States Guantanamo Bay Naval Base, Cuba: Rasul v. Bush (No. 03-334) and Al Odah v. United States (No. 03-343). The cases stem from the United States' capture of several hundred prisoners in Afghanistan and Pakistan and their subsequent imprisonment at Guantanamo Bay. The prison began operation in January 2002, and approximately 90 detainees have been freed up to this time, …

Paying The Price For Our Children’S Torts: Exploring Parental Liability Statutes Employed In The South, John Kevin Phillips

ExpressO

The accompanying manuscript explores the historical foundations for the common law imposition of liability upon parents for their child’s torts. The manuscript explores the adoption of the common law rules by Southern states with the exception of Louisiana and illustrates the different approaches employed in the common law versus the civil code. The manuscript then explores the growth of parental liability statutes and the alarming trend towards raising the amount of compensation even to unlimited liability coupled with almost strict liability in some Southern states.

Parental liability statutes continue to grow in importance and controversy. The present manuscript is especially …

Family Limited Partnership Update, Farhad Aghdami

William & Mary Annual Tax Conference

No abstract provided.

Hess V. Indiana Revisited: A Panel Discussion With Case Participants (Video), Ralph F. Gaebler, Richard Vaughan

Maurer Law Events

On November 19th, 2004, a panel discussion was held in the Moot Court Room of the Indiana University-Bloomington School of Law. The topic of the discussion was the landmark United States Supreme Court case, Hess v. Indiana. The case is particularly relevant to the law school because two members of the faculty (Tom Schornhorst and Pat Baude) served as lawyers to the defendant Greg Hess. Additionally, the protest and arrest took place half a block from the law school in front of the University's administration building (Bryan Hall) in 1970.

Joining Professors Schornhorst and Baude on the panel are three …

The Law And Economics Of Cybersecurity: An Introduction, Mark F. Grady, Francesco Parisi

George Mason University School of Law Working Papers Series

One of the most controversial theoretical issues of our time is the governance of cybersecurity. Computer security experts, national security experts, and policy analysts have all struggled to bring meaningful analysis to cybersecurity; however, the discipline of law & economics has yet to be fully applied to the issue. This introduction presents work by leading national scholars who examine this complex national security challenge from a law and economics perspective. The focus spans from a discussion of pure market solutions to public-private issue analysis, providing a valuable basis for policy considerations concerning the appropriate governmental role on the issue of …

Tax Advisor-Client Privileges And Circular 230 Revisions, B. John Williams, Stephan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

Exit Strategies And Techniques For The Business Owner, Stephen L. Owen

William & Mary Annual Tax Conference

No abstract provided.

Non-Traditional Sources Of Capital For The Maturing Business

William & Mary Annual Tax Conference

No abstract provided.

Lawyer Marketing: An Ethics Guide, Thomas E. Spahn

William & Mary Annual Tax Conference

No abstract provided.

Strategic Philanthropy: Developing A Family Philanthropic Legacy, Samuel Davis Iii

William & Mary Annual Tax Conference

No abstract provided.

Recent Developments In Federal Income Taxation, Ira B. Shepard

William & Mary Annual Tax Conference

No abstract provided.

Capital Market Exits: Planning For Restricted And Control Securities, George F. Albright

William & Mary Annual Tax Conference

No abstract provided.

Summary Of United Insurance Company Of America Vs. Chapman, 120 Nev. Adv. Rep. 83, Ryan Hall

Nevada Supreme Court Summaries

The Nevada Supreme Court ruled that the prejudgment interest awarded to Chapman should have been calculated pursuant to the specific interest statute, rather than the general interest statute, because the special interest statute was in effect when the judgment was entered. The district court had erred by awarding the attorney fees to Chapman, because United’s claim was brought on reasonable ground. The award of postjudgment interest awarded to Chapman was also reversed.

Presidential Succession Act Of 2004, United States. House Of Representatives

Proposed Presidential Succession Legislation

A proposed bill to modify the presidential succession list after the Secretary of Veterans Affairs. The list would include the Secretary of Homeland Security and selected U.S. Ambassadors.

Business & Finance Issues With Traditional Finance And Capitalization

William & Mary Annual Tax Conference

No abstract provided.

Executive Compensation Planning For Privately-Held Businesses, Jeffrey R. Capwell

William & Mary Annual Tax Conference

No abstract provided.

Business, Benefits And Tax Issues Involved In The Formation And Structure Of The Closely Held Business Selection Of Entity Considerations, C. Wells Hall Iii

William & Mary Annual Tax Conference

No abstract provided.

Recent Tax Developments In Virginia: 2003-2004, William L.S. Rowe, Mark C. Van Deusen

William & Mary Annual Tax Conference

No abstract provided.

What's Hot In Virginia Taxation?, Craig D. Bell

William & Mary Annual Tax Conference

No abstract provided.

Uncle Sam Is Watching You, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Putting Humpty Dumpty Back Together: Pricing In Anticommons Property Arrangements, Ben Depoorter, Sven Vanneste

George Mason University School of Law Working Papers Series

Recently, a new theory has drawn considerable attention in the literature on common property. A number of scholars have pointed to the danger of excessive propertization in the context of what are termed "anticommons" property regimes. Although this theory has found its way into numerous legal and economic applications, the empirical and cognitive foundations of the theory of fragmentation remain unexplored. Based on experimental data, this Article conducts an investigation into the social and personal processes involved in the anticommons.

The results confirm the theoretical proposition that anticommons deadweight losses increase with the degree of complementarity between individual parts and …

Ub Viewpoint – Hooray For Sinclair, Eric Easton

All Faculty Scholarship

No abstract provided.