Law Commons^™

Brown V. Board Of Education After Fifty Years, Jack B. Weinstein

Cardozo Law Review

No abstract provided.

Perceptions Of Terrorism And Disease Risks: A Cross-National Comparison, Neal Feigenson, Daniel Bailis, William Klein

Missouri Law Review

This article seeks to demonstrate why is important for policy makers to understand how people evaluate health and safety risks. This type of understanding is essential to communicate policy and to anticipate public reactions. Current events have caused many people across the globe to feel more at risk than previous generations, making this inquiry especially relevant.

Fear, Irrationality, And Risk Perception, Henry L. Chambers Jr.

Missouri Law Review

This brief commentary makes two points. The first is that fear can play multiple roles in any decision-making process. The second is that accurately determining whither reactions to fear are irrational is a complex task. Though neither point necessarily requires that symposium participants abandon their position, together they suggest that extreme care is necessary in developing policy prescriptions based on the claim that fear can trigger irrationality.

War Fever Symposium:, Geoffrey R. Stone

Missouri Law Review

As Justice Robert Jackson observed more than half a century ago, “[i]t is easy, by giving way to the passion, intolerance and suspicion of wartime, to reduce our liberties to a shadow, often in answer to exaggerated claims of security.” Indeed, the United States has a long and unfortunate history of overreacting to the dangers of wartime. Again and again, Americans have allowed fear to the better of them. Some measure of fear, of course, is inevitable—even healthy—in time of war. Otherwise, it would be difficult, if not impossible, for a nation to make the sacrifices war demands. An essential …

Identity Politics And The Second Amendment, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Appeal Rates And Outcomes In Tried And Nontried Cases: Further Exploration Of Anti-Plaintiff Appellate Outcomes, Theodore Eisenberg

Cornell Law Faculty Publications

Federal data sets covering district court and appellate court civil cases for cases terminating in fiscal years 1988 through 2000 are analyzed. Appeals are filed in 10.9 percent of filed cases, and 21.0 percent of cases if one limits the sample to cases with a definitive judgment for plaintiff or defendant. The appeal rate is 39.6 percent in tried cases compared to 10.0 percent of nontried cases. For cases with definitive judgments, the appeal filing rate is 19.0 percent in nontried cases and 40.9 percent in tried cases. Tried cases with definitive judgments are appealed to a conclusion on the …

The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin

Cornell Law Faculty Publications

Contemporary Supreme Court interpretations suggest that the religion clauses are primarily rooted in the value of equality. The United States Supreme Court has argued that in the absence of discrimination against religion (or the presence of other constitutional values), there is no violation of the Free Exercise Clause when a statute inadvertently burdens religion. Similarly, equality values have played a strong role in the Court's Establishment Clause jurisprudence. Many distinguished commentators have pointed to the equality focus and have argued that it gives insufficient attention to the value of religious liberty. Professor Shiffrin argues that these commentators are right in …

Missouri's Requirements For Federal Habeas Corpus Review: An Analysis Of Exhaustion And Tolling Of Statutes Of Limitations, Aubree J. Jehle

Missouri Law Review

This summary contends that exclusion of discretionary review by the Missouri Supreme Court from the available list of remedies will not impart the statute of limitation for two reasons. First, in Missouri, the right to apply for discretionary transfer is guaranteed by the state constitution. If the statute of limitation for federal habeas corpus petitions were not tolled by a prisioner’s pending application for discretionary transfer, state prisoners would be forced unfairly to choose between state and federal constitutional rights. Second, the characterization of a particular state remedy as “extraordinary” for exhaustion purposes should not affect its character as “direct” …

Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff

William & Mary Law Review

No abstract provided.

Letter From David B. Heard To Attorney Luis G. Stelzner [Draft?], Hall & Monagle, Llc

Records related to Judge Anna Martinez

No abstract provided.

Letter From David B. Heard To Attorney Luis G. Stelzner: Recieved, Hall & Monagle, Llc

Records related to Judge Anna Martinez

No abstract provided.

Title Page

Louisiana Law Review

No abstract provided.

Corbello V. Iowa Production And The Implications Of Restoration Damages In Louisiana: Drilling Holes In Deep Pockets For Thirty-Three Million Dollars, Mary Beth Balhoff

Louisiana Law Review

No abstract provided.

The Varying Parameters Of Obstruction Of Justice In American Criminal Law, John F. Decker

Louisiana Law Review

No abstract provided.

Three Concepts Of Church Autonomy, Ronald R. Garet

BYU Law Review

No abstract provided.

Look Again At Stare Decisis In Montana, Jeffrey T. Renz

Faculty Journal Articles & Other Writings

The author responds to a critical review of his law review article, Stare Decisis in Montana, 65 Mont. L. Rev. 41 (2004).

Clark Memorandum: Fall 2004, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• On the Shoulders of Giants (Elder Boyd K. Packer)
• How Do We Practice Our Religion While We Practice? (Thomas B. Griffith)
• In His Own Words (Monte Stewart)
• The Essence of Lawyering in an Atmosphere of Faith (Kevin J Worthen)

Vol. 25, No. 1, Fall 2004: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

The Pending Reinvigoration Of Boyd: Personal Papers Are Protected By The Privilege Against Self-Incrimination, Aaron M. Clemens

Northern Illinois University Law Review

This article delineates the extent that personal papers and diaries are protected against being used to incriminate a person who had been compelled to produce them. It examines the way the Fifth Amendment privilege has been interpreted by the United States Supreme Court in relation to personal papers, places this jurisprudence in context, and posits a conclusion based on the Court's recent trends. It concludes that the Court should not allow American law enforcement officials to compel examination of a person's personal papers yet prosecute this person based on these compelled disclosures.

Whistling In The Dark? Corporate Fraud, Whistleblowers, And The Implications Of The Sarbanes-Oxley Act For Employment Law, Miriam A. Cherry

Washington Law Review

Passed in 2002 in the wake of the accounting scandals that resulted in billions of dollars of lost value to shareholders, the Sarbanes-Oxley Act has as its major goal the prevention of corporate corruption. This Article analyzes the impact of section 806, the portion of the Sarbanes-Oxlcy Act that provides protections for employees who report securities fraud, and describes the effect that Sarbanes-Oxley has on existing employment law. In addition, this Article contributes to the debate over the general effectiveness of the Sarbanes-Oxley Act, a topic of contention among both academics and press commentators. This Article argues that the Act …

The New Fugitive, James Rainsford, Jay Cooper, John Kinard, Alissa Cooper

The New Fugitive Student Newspaper

Farewell, Owen Thompson, by James Rainsford and Jay Cooper

…Nor Made to Court an Amorous Looking Glass, by James Rainsford

That's the Gayest Thing I've Ever Heard, by John Kinard

Horoscopes From an Irish Wench, by Alissa Cooper

Interview with Library

Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

Risk Realization, Emotion, And Policy Making, Chris Guthrie

Missouri Law Review

People are likely to overestimate the impact of negative life events on our enduring sense of well-being. If true, this empirical finding puts policy makers in an awkward position because they are generally called upon to make policy in anticipation of , rather than in response to, such events. Nonetheless, I will argue that policy makers should take into account our tendency to overestimate the emotional impact of such events.

Volume Contents

Louisiana Law Review

No abstract provided.

Issue Contents

Louisiana Law Review

No abstract provided.

Fifty Conflict Of Laws "Restatements": Merging Judicial Discretion And Legislative Endorsement, Shirley A. Wiegand

Louisiana Law Review

No abstract provided.

From Baton Rouge To Baghdad: A Comparative Overview Of The Iraqi Civil Code, Dan E. Stigall

Louisiana Law Review

No abstract provided.

The Future Of Legal Science In Civil Law Systems, Horacio Spector

Louisiana Law Review

No abstract provided.

Unsettling Efficiency: When Non-Class Aggregation Of Mass Torts Creates Second-Class Settlements, L. Elizabeth Chamblee

Louisiana Law Review

No abstract provided.