Law Commons^™

Rules Of The Game: The "Play In The Joints" Between The Religion Clauses, Sharon Keller

ExpressO

Locke v. Davey is an exemplar of the new generation of Establishment clause cases that, particularly in Zelman v. Simmons-Harris, have written into law a safe harbor, private choice, for governmental benefits that find their way into the coffers of religious institutions in amounts that are neither incidental nor trivial. In Locke the options presented in the private choice arguably infringed upon Free Exercise rights-- the dilemma that gives rise to the title of this article. Over the vigorous dissent of Justice Scalia, the Locke Court’s analysis of the permissibility of the conditioned benefit was based upon the argument that …

Plea Bargains Only For The Guilty, Oren Gazal, Oren Bar-Gill

Law & Economics Working Papers Archive: 2003-2009

A major concern with plea bargains is that innocent defendants will be induced to plead guilty. This paper argues that the law can address this concern by providing prosecutors with incentives to select cases in which the probability of guilt is high. By restricting the permissible sentence reduction in a plea bargain the law can preclude plea bargains in cases where the probability of conviction is low (L cases). The prosecutor will therefore be forced to – (1) select fewer L cases and proceed to trial with these cases; or (2) select more cases with a higher probability of conviction …

The Politics Of Judicial Interpretation: The Federal Courts, Department Of Justice, And Civil Rights, 1866-1876, Robert John Kaczorowski

History

This landmark work of Constitutional and legal history is the leading account of the ways in which federal judges, attorneys, and other law officers defined a new era of civil and political rights in the South and implemented the revolutionary 13th, 14th, and 15th Amendments during Reconstruction.

Just Measures: A Methodology For Assessing The Global Value Added Of Corporate Activities, Alexander A. Boni-Saenz, Chih-Hung Chang, Ajan Reginald, Ravi Kacker

All Faculty Scholarship

This article accepts the premise of stakeholder theory, which asserts that corporations, like other human-run entities, have obligations to all parties affected by their actions. As such, corporations should be given suitable credit for projects that add value for these stakeholders, as well as held accountable for any damage done. To provide this credit and accountability, measurement is necessary. The methodology of measurement for corporate social value creation is in its infancy. Models are incomplete, measures are not validated, and methods used to estimate net value accumulated from different domains need improvement. This article builds on one model of global …

Narrowing Navigable Waters: The Fifth Circuit Limits Federal Jurisdiction Under The Clean Water And The Oil Pollution Acts. In Re Needham, Lorraine C. Friedlein Buck

Journal of Environmental and Sustainability Law

No abstract provided.

Turtle Power: The Ninth Circuit Avoids A Tragedy On The High Seas. Turtle Island Restoration Network V. National Marine Fisheries Service, Elizabeth P. Mcnichols

Journal of Environmental and Sustainability Law

No abstract provided.

Liability For Cost Of Litigation That Accrue After Litigation Is Complete: Costs Associated With Monitoring Compliance With Established Consent Decrees Are Part Of Litigation Costs. Sierra Club V. Hankinson, C. Travis Hargrove

Journal of Environmental and Sustainability Law

No abstract provided.

Striking The Right Balance: The Contrasting Ways In Which The United States And China Implement National Projects Affecting The Environment , Pamela Howlett

Journal of Environmental and Sustainability Law

No abstract provided.

Unfilfilled Promises: Achieving Justice For Crimes Against Humanity In East Timor, Kelly Askin, Stefanie Frease, Sonja Starr

Faculty Scholarship

No abstract provided.

Indefinite Material Witness Detention Without Probable Cause: Thinking Outside The Fourth Amendment, Michael Greenberger

Faculty Scholarship

A constitutional issue recently addressed by the United States Court of Appeals for the Second Circuit in United States v. Awadallah, 349 F.3d 42 (2003), has not received the widespread attention of high-profile litigation concerning the Justice Department's other controversial counter-terrorism policies. It is equally important. The issue arises out of Attorney General Ashcroft's announcement shortly after the terrorist attacks of September 11, 2001 that the aggressive detention of material witnesses [was] vital to preventing, disrupting or delaying new attacks. Since that time, the Department of Justice has used the federal material witness statute (18 U.S.C. Section 3144) to …

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Court Reports

Journal of Environmental and Sustainability Law

No abstract provided.

It Is Time To Reevaulate The Toxic Release Inventory, Susan E. Dudley

Journal of Environmental and Sustainability Law

No abstract provided.

A Tribute To Clarence J. Ruddy And The Members Of Volume One, Notre Dame Law Review

Notre Dame Law Review

No abstract provided.

The Forum (Volume 34, Number 4), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Should A Duty To The Corporation Be Imposed On Institutional Shareholders?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

When Flyspecks Matter—Part Ii, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Most of my columns advise legal writers; this one also aims to change the perspective of a legal reader. The September 2004 column addressed some of the issues raised by a British best- seller on punctuation called Eats, Shoots & Leaves. The author, Lynne Truss, attempts to make a case for "sticklers" who "refuse to patronize any shop with checkouts for 'eight items or less'" or who have urges to "shin up ladders at dead of night with an apostrophe-shaped stencil and a tin of paint" to correct advertisements. To her, punctuation errors are "signs of ignorance and indifference."

Predicting Death In Young Offenders: A Retrospective Cohort Study, Carolyn Coffey, Rory Wolfe, Andrew W. Lovett, Paul Moran, Eileen Cini, George C. Patton

Aboriginal Policy Research Consortium International (APRCi)

Objective: To examine predictors of death in young offenders who have received a custodial sentence using data routinely collected by juvenile justice services.

Design: A retrospective cohort of 2849 (2625 male) 11–20-year-olds receiving their first custodial sentence between 1 January 1988 and 31 December 1999 was identified. Main outcome measures: Deaths, date and primary cause of death ascertained from study commencement to 1 March 2003 by data-matching with the National Death Index; measures comprising year of and age at admission, sex, offence profile, any drug offence, multiple admissions and ethnic and Indigenous status, obtained from departmental records.

Results: Theoverallmortalityratewas7.2deathsper1000person-yearsofobservation. Younger …

Timeline Of Fr. Clive Lynn, Hall & Monagle, Llc

Timelines

No abstract provided.

Recollections Of The 1952 International North Pacific Fisheries Convention: The Decline Of The Principle Of Abstention, Shigeru Oda

San Diego International Law Journal

Having recently completed twenty-seven years on the bench of the International Court of Justice in The Hague, I have just returned to Sendai, Japan, my home town. Please permit me therefore to offer some personal recollections of the time fifty years ago when, as a graduate law student from occupied Japan traveling on a passport issued by General MacArthur, Supreme Commander of the Allied Powers in Japan, I began preparation of my doctoral dissertation at Yale Law School.

Scientific Cooperation In The North Pacific: The Pices Project, Warren S. Wooster, Sara F. Tjossem

San Diego International Law Journal

While individuals carry out scientific research, their local, national, and international institutions also play an important role. This is particularly true in the case of marine science, where the vast scale and complexity of ocean resources demands not only cooperation among individuals and their institutions, but also an interdisciplinary approach that allows for interaction among fields such as physics and biology. Marine science also demands effective interaction between those who seek understanding of natural systems and their resources and those who wish to apply that understanding in utilizing those resources.

Motions 2004 Volume 40 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Foreword Symposium: Interdisciplinary Perspectives On Fear And Risk Perception In Times Of Democratic Crisis:, Christina E. Wells, Jennifer K. Robbennolt

Missouri Law Review

The terrorists attacks on September 11, 2001, the implentation of the USA PATRIOT ACT, and the government's indefinite detention of "enemy combatants" have all sparked renewed interest in the balance between security and liberty in times of crisis. Recently, legal scholars have debated topics ranging from the constitutionality and wisdom of the government's responses to terror to the appropriate roles for institutional actors and the public in national security decisions. While these debates have contributed enormously to the public discussion that is the foundation of a democratic society, they have not completely captured the complexities of governmental responses to crisis. …

Fear: A Story In Three Parts, Rachel F. Moran

Missouri Law Review

This article reflects on the story of Army PFC Jesse A. Givens. It is a story of fear in three parts. I hope to gain understanding of emotion as part of a private experience, and interpersonal communication, and a public event. As the story will show, fear can be defined in purely cognitive terms. Fear can also be defined as “cognition plus.” Argued here is that a purely cognitive approach is inadequate for a complete analysis of emotion’s role in collective decision-making. What seems critical is that proponents of both pure cognition and cognition plus move beyond definitions of emotion …

Other Disciplines, Methodologies, And Countries: Studying Courts And Crisis, Tracey E. George

Missouri Law Review

The United States is at war: in Iraq, in Afghanistan, and against terrorism. This symposium asks the timely question: How do governments and their citizens respond to fear and risk in times of crisis? In the essay, I begin by framing the issue very briefly. I then argue that understanding this issue requires scholars to follow Epstein and Wells by looking to other disciplines, methodologies, and countries.

Questioning Deference, Christina E. Wells

Missouri Law Review

Part I of this Article discusses executive branch actions in the crises discussed earlier and identifies a pattern of response to certain perceived threated. Part II assesses this historical pattern in light of a psychological understanding of risk assessment, concluding that the pattern is consistent with predictably skewed risk assessment. Part III discusses the psychology of accountability and the possibility that judicial review can serve as a mechanism of accountability and improve executive decision making.

Defending Deference: A Response To Professors Epstein And Wells, Robert J. Pushaw Jr.

Missouri Law Review

This Note primarily seeks to challenge Professor Wells’s ideas contributed to the symposium. Specifically, the Constitution creates political and institutional structures that lead to strong executive-branch initiative in military affairs and fairly circumscribed judicial review. Constitutional considerations, as well as precedent, cast doubt on the viability of Wells’s “hard look” proposal and suggest that the Court will—should—continue its pattern of reviewing with deference wartime claims that the President has violated individual rights.

What's Fear Got To Do With It - It's Affect We Need To Worry About, Paul Slovic

Missouri Law Review

My objective in this paper is to provide psychological perspective on the challenges to rational decision making in the face of terrorism and other risk crisis. I shall begin with an introduction to the psychology of risk, highlighting the role of affect and its contribution to what may be called “risk as feeling.” I shall then address the need to educate and inform citizens about risks from terrorism and some of the particular challenges this entails.

Encouraging Courage: Law's Response To Fear And Risk, William B. Fisch

Missouri Law Review

No abstract provided.

Eating The Poisonous Fruit: The Eighth Circuit Will Not Exclude Derivative Evidence From A Miranda Violation, Kerry F. Schonwald

Missouri Law Review

Today almost anyone who has ever turned on a television is familiar with the four Miranda warnings. However, the general public is probably not aware of what happens when those rights are violated. In United States v. Villalba-Alvarado, the Eighth Circuit Court of Appeals joined the Third and Fourth Circuits in holding that the poisonous fruit doctrine does not apply to physical evidence derived from a Miranda violation.