Law Commons^™

Fear And Risk In Times Of Crisis: The Media's Challenge, Richard C. Reuben

Missouri Law Review

With five to ten minutes to comment at the very end of an intellectually exhilarating two-day symposium, I am quite frankly tempted to say "You know, they've all got a point," and leave it at that. But this has been an important discussion, and in this comment I'd like to at least try to make a small contribution to it.

To Support And Defend The Constitution Of The United States Against All Enemies, Foreign And Domestic: Four Types Of Attorneys General And Wartime Stress, Betty Houchin Winfield

Missouri Law Review

War exacerbates the usual tensions between individual freedoms and national security. In such times, the United States frequently sacrifices its tradition of individual autonomy and deliberative debate for the security and unanimity of an autocratic, military-style government. Individual rights are often the first casualties of hastily enacted legal measures that expand executive power without regard to constitutional checks and balances. While the expansions have generated criticism and calls for greater government accountability, it is often difficult to determine who within the executive should be held accountable. As the President’s chief law enforcement officer, the Attorney General of the United States …

The Situational Character: A Critical Realist Perspective On The Human Animal, Jon Hanson, David Yosifon

Faculty Publications

This Article is dedicated to retiring the now-dominant "rational actor" model of human agency, together with its numerous "dispositionist" cohorts, and replacing them with a new conception of human agency that the authors call the "situational character." This is a key installment of a larger project recently introduced in an article titled

The Situation: An Introduction to the Situational Character, Critical Realism, Power Economics, and Deep Capture. That introductory article adumbrated, often in broad stroke, the central premises and some basic conclusions of a new approach to legal theory and policy analysis. This Article provides a more complete version of …

The Coordinated Effects Of Mergers In Differentiated Products Market, Kai-Uwe Kuhn

Law & Economics Working Papers Archive: 2003-2009

No abstract provided.

Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.

Dedicated To The Memory Of Lee E. Teiteitelbaum, Carl E. Schneider

Articles

When I first met Lee Teitelbaum at a conference two decades ago, I was a novice and he a distinguished scholar. Because my colleagues admired him, I rang his room at the hotel and asked him to join me for dinner. He sweetly agreed. When he opened his door to my knock, I realized that he set standards I could never match-sartorial standards. Who was this king of glory? 1 stood there in my Oshkosh khakis and running shoes, agape and abashed. Despite this unpropitious start, our friendship ripened, and soon I realized Lee set standards of a finer and …

Does Delaware's Section 102(B)(7) Protect Reckless Directors From Personal Liability? Only If Delaware Courts Act In Good Faith, Matthew R. Berry

Washington Law Review

Section 102(b)(7) of the Delaware Corporate Code allows a corporation to amend its certificate of incorporation to exculpate directors from all duty of due care violations. The Delaware General Assembly enacted this law in response to the shrinking pool of qualified directors, which was caused by the Delaware State Supreme Court's decision in Smith v. Van Gorkom that imposed personal liability on directors for gross negligence. Delaware courts have unequivocally stated that section 102(b)(7) protects directors against personal liability arising from gross negligence, but not against liability arising from a lack of good faith. However, Delaware courts have not provided …

Lucky For Life: A More Realistic And Reasonable Estate Tax Valuation For Nontransferable Lottery Winnings, Kyla C.E. Grogan

Washington Law Review

When a lottery winner dies after receiving only a few annuity payments from the state, the winner's estate must pay federal estate tax on the balance of the annuity. If the lottery prize is not legally transferable, the winner's estate cannot sell or pledge the right to future payments in order to generate funds to pay the estate tax. The estate tax value of an annuity is generally based on valuation tables that discount the future payments to present value. However, these valuation tables do not control when they produce an unrealistic and unreasonable result. The United States Courts of …

Making Mommies: The Washington State Court Of Appeals Exceeded Its Authority By Creating A Common Law Parentage Action In In Re Parentage Of L.B., Thomas G. Robinson-O'Neill

Washington Law Review

In In re Parentage of L.B., Division I of the Washington State Court of Appeals created a new common law cause of action that allows a same-sex de facto parent to be declared a legal parent. In the alternative, the court held that a de facto parent has a cause of action under Washington's nonparental visitation statute. This Note argues that the court exceeded its authority in creating a common law cause of action because the Uniform Parentage Act and the statutory scheme preempt the common law. Further, this Note argues that the ability of a de facto parent …

Identifying State Actors In Constitutional Litigation: Reviving The Role Of Substantive Context, Michael L. Wells

Cardozo Law Review

No abstract provided.

The Forum, Volume 4, Issue 3 (November 2004), University Of South Carolina School Of Law Students

The Forum Student Newspaper

Law School: The Numbers, by Crawford Long

Silence of the Mockingbirds, by Drew Radeker

So the Gauntlet Has Been Thrown, by Chris Majure

Our New Plasma TV, by John Marshall Mosser

Love In the Library, by Tyler Schachte

South Carolina, Meet Tucker Max, by Thomas Jefferson O'Sullivan With Contributions by Drew Radeker

Fortunate Son, by James Rainsford

The Forum Editorial Board and submissions notice

Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias

University of Richmond Law Review

No abstract provided.

Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner

University of Richmond Law Review

No abstract provided.

Civil Practice And Procedure, John R. Walk

University of Richmond Law Review

No abstract provided.

Family And Juvenile Law, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

Labor And Employment Law, Thomas M. Winn Iii, Lindsey H. Dobbs

University of Richmond Law Review

No abstract provided.

Vol. 2, No. 09 (November 2004)

Indiana Law Update

No abstract provided.

Yes, Thankfully, Euclid Lives, Charles M. Haara, Michael Allan Wolf

UF Law Faculty Publications

Professors Haar and Wolf reiterate their endorsement of Progressive jurisprudence, as embodied in the Supreme Court's opinion in Village of Euclid v. Ambler Realty Co., despite Professor Eric Claeys's effort to expose the political theory underlying Progressive legal thought. They highlight problems with Professor Claeys's portrayal of the actual practice of zoning and with his use of history, problems that seriously undercut Professor Claeys's findings regarding the political beliefs of early zoning and planning advocates, the evolution of zoning law in the courts, and the role natural law played in American legal history.

Vol. 27, No. 09 (November 1, 2004)

Indiana Law Annotated

No abstract provided.

Two Mistakes Behavioralists Make: A Response To Professors Feigenson Et Al. And Professor Slovic, Thomas A. Lambert

Missouri Law Review

This article provides a critique of Professors Feigenson and Slovic's submissions to the Interdisciplinary Perspectives on Fear and Risk Perception in Times of Democratic Crisis Symposium. Examined are two common mistakes that behaviorists make; 1) discounting the rational account too quickly and 2) reflexively advocating a governmental "fix."

Fragmented State, Pluralist Society: How Liberal Institutions Promote Fear, Corey Robin

Missouri Law Review

Fear can be used as an instrument of political repression. The purpose for using it is to target those whose actions or ideas pose a threat to established arrangements of power and authority. Repression is not aimed at ensuring laws are followed but that the powerful are obeyed. There has been a strong consensus among experts about the type of political structure that arouses repressive fear: a centralized unified state monopolizing the means of coercion. However, this is an over-simplification. The state is not the only entity capable of wielding the repressive powers of fear.

Epa Oversight In Determining Best Available Control Technology: The Supreme Court Determines The Proper Scope Of Enforcement, Jennifer A. Davis Foster

Missouri Law Review

In Alaska Department of Environmental Conservation v. EPA, the Supreme Court addressed the issue of whether the EPA was authorized to bar construction of a new major emitting facility where it found the state permitting authority’s best available control technology (BACT) determination unreasonable. The Court held that, given the legislative history and plain language of the enforcement provisions contained in the Clean Air Act, the EPA reasonably believes that the state permitting authority has acted arbitrarily in determining BACT. This Note explores the analysis employed by the Court and argues that, in light of the underlying purpose of the PSD …

Say Goodbye To Frye: Missouri Supreme Court Clarifies Standard For Admitting Expert Testimony In Civil And Administrative Cases, Jaime M. Nies

Missouri Law Review

In State Board of Registration for the Healing Arts v. McDonagh, the Supreme Court of Missouri clarified the standard of admissibility for expert testimony in civil cases and administrative proceedings. This Note will examine the different standards that Missouri courts have applied and explore how the new McDonagh standard will impact Missouri courts.

Brown, The Civil Rights Movement, And The Silent Litigation Revolution, Stephen C. Yeazell

Vanderbilt Law Review

One doubts that Robert Carter, Thurgood Marshall, Spottswood Robinson, Jack Greenberg and the rest of the legal team that argued Brown v. Board of Education spent much time thinking about mass torts. Nonetheless, it is entirely appropriate that a commemoration of their achievements include not only that topic but also international human rights and health care, as well as the more expected ones of education and social welfare. Brown was part of a revolution, and revolutions often have collateral effects as important as their immediate consequences. The civil rights movement followed the same pattern.

As an immediate consequence, that movement …

Putting Flesh On The Bones Of United States V. Winans: Private Party Liability Under Treaties That Reserve Actual Fish For The Tribal Taking, Lindsay Halm

Washington Law Review

One hundred years ago, in United States v. Winans, the United States Supreme Court announced that private parties are subject to the rights reserved by Indians under treaty. Accordingly, tribes enforce their treaty fishing rights in federal court to halt private and government actions that threaten to impair their reserved right to take a fair portion of fish from usual and accustomed fishing stations. In addition to injunctive relief, federal courts may award monetary relief to tribes where Congress limits the treaty fishing right. In general, monetary relief is a remedy against any defendant actor who impairs non-fishing treaty-reserved …

Institute Brief: Making Experiential Education Accessible For Students With Disabilities, Cynthia Zafft, Sara Sezun, Melanie Jordan

The Institute Brief Series, Institute for Community Inclusion

College students with disabilities enter with less work experience and have a harder time finding jobs than their nondisabled peers. Experiential education-- mentoring, internships, job shadowing, and so on-- can create a bridge to graduation and employment. However, that requires college professionals to consider access issues for all students. A new Institute Brief provides basic disability awareness information, suggests ways to create welcoming career offices, and offers ideas to increase access to experiential education.

Reforming Reprehensibility: The Continued Viability Of Multiple Punitive Damages After State Farm V. Campbell, Rachel M. Janutis

San Diego Law Review

In this Article, the author discusses how the Supreme Court's recent decision in State Farm v. Campbell reformed the reprehensibility analysis and how this reformation may have the perhaps unintended consequence of eliminating the practice of awarding total harm damages. In particular, in an effort to limit the size of individual punitive damage awards, Campbell limits the use of evidence of conduct directed at parties not before the court.

The Opinion Volume 43 Issue 2 – November 1, 2004, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November, 1, 2004

Masthead, Volume 26 (2004-2005)

Cardozo Law Review

No abstract provided.

Civil Rights Liability Of Private Entities, Barbara Kritchevsky

Cardozo Law Review

No abstract provided.