Law Commons^™

Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin J. Priester

Indiana Law Journal

No abstract provided.

Securities Analysts: Why These Gatekeepers Abandoned Their Post, David J. Labhart

Indiana Law Journal

No abstract provided.

Whose Public? Parochialism And Paternalism In State Charity Law Enforcement, Evelyn Brody

Indiana Law Journal

No abstract provided.

A Legislative Strategy Conditioned On Corruption: Regulating Campaign Financing After Mcconnell V. Fec, Bryan R. Whitaker

Indiana Law Journal

No abstract provided.

Assessing The Constitutionality Of Laws That Are Both Content-Based And Content-Neutral: The Emerging Constitutional Calculus, Wilson R. Huhn

Indiana Law Journal

No abstract provided.

The Panda's Thumb: The Modest And Mercantilist Original Meaning Of The Commerce Clause, Calvin H. Johnson

William & Mary Bill of Rights Journal

No abstract provided.

Economic Engagement: An Avenue To Employment For Individuals With Disabilities, William Kiernan, John Halliday, Heike Boeltzig

All Institute for Community Inclusion Publications

The role that employment has played for persons with disabilities over the past several decades has moved from one of no engagement in the workforce to a realization that persons with disabilities can work and are interested in working. The shrinking workforce has increased employers' interest in looking at the full range of potential workers, including those previously considered unemployable. The growing economy—coupled with the declining birth rate, the increase in technology and supports for a diverse workforce, and the increasing expectation that all persons should be provided with the opportunity to work—has led to a new view of individuals …

The Alley Behind First Street, Northeast: Criminal Abortion In The Nation's Capital, 1872-1973, Douglas R. Miller

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Paradox Of Unmarried Fathers And The Constitution: Biology "Plus" Defines Relationships; Biology Alone Safeguards The Public Fisc, Laura Oren

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

I Now Pronounce You Husband And Wives: Lawrence V. Texas And The Practice Of Polygamy In Modern America, Cassiah M. Ward

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Tanf And Its Implications On The Autonomy Of Indigent Single Mothers, Tanisha L. Jackson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Institute Brief: Taking The Mystery Out Of Customer Service, Heike Boeltzig, Lora Brugnaro, Cecilia Gandolfo, Amy Gelb, Karen Zimbrich, Lara Enein-Donovan, Cindy Tsui, Joy Gould

The Institute Brief Series, Institute for Community Inclusion

With the current emphasis on universal access to employment services for all members of the community, the workforce development field needs to evaluate service delivery. A "mystery shopper" program is one of many evaluation tools available to ensure continuous quality improvement and customer satisfaction. This technique allows organizations to collect data on the experiences of One-Stop Career Center customers from the customer perspective. The brief includes a sample shopper questionnaire.

Oct. 2004, A. Durbin, Overall Analysis Of Ifc's Draft Performance Standards, Ifc

IFC E&S Performance Standards

No abstract provided.

Oct. 3 -4, 2004, A. Durbin, Cso Strategy Session, Agenda, Draft Platform, And Statement With Margin Notes, Ifc

IFC E&S Performance Standards

No abstract provided.

The Opinion Volume 43 Issue 1 – October 1, 2004, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October, 1, 2004

Looking For Law In China I: Themes And Issues In Western Studies Of Chinese Law, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

I have been studying Chinese law since the early 1960s – some have said that I began before there was any. The field has expanded so far beyond its narrow scope at that time that this overview will illustrate an old Chinese saying: "riding a horse and looking at flowers." I will first review the growth of this scholarly field, because it is necessary to understand that there are layers of scholarship that reflect first the paucity of formal legal institutions in Maoist China, then the appearance of first shoots of new or rebuilt institutions, and only recently the publication …

Looking For Law In China Ii: China’S Legal Reforms After Mao: Accomplishments And Future Prospects, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

In this talk I intend to summarize major accomplishments of Chinese law reform since 1978; and speculate on the future of Chinese law reform

• In the course of this talk, I will note where China began when legal reform was first undertaken in 1979, and the enormous size and scope of the task that was undertaken.
• I hope to give an indication both of the progress China has made, and of major obstacles to future reforms;
• I have chosen one area to emphasize because it may light the way for further meaningful reforms: administrative law
• I have also noted influences …

Looking For Law In China Iii: How Foreign Investors And Business Have Faced Legal Uncertainty In China, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

This last of the three talks I will have given here at Oxford looks at yet another aspect of what I have called "looking for law in China." Today I will look at Chinese law from the perspective of foreign investors that have had to cope with the uncertainty of a business environment in which legal institutions have been vague, incomplete and weak. I speak to you today from under two hats, that of a scholar and that of practicing lawyer, since for over thirty years I have combined those two careers. My observations here, then, are not just those …

Democracy And The Dominance Of Delaware In Corporate Law, Kent Greenfield

Law and Contemporary Problems

Delaware has a population less than one-third of one percent of the nation, but it is the state of incorporation for more than fifty percent of US public companies and more than sixty percent of the Fortune 500. Delaware's resulting dominance over the terms of corporate governance in the US has been the subject of one of the grandest debates within corporate law scholarship.

It Takes A Team: A Tribute To The Honorable Walter Herbert Rice, Susan Newhart Elliott

University of Dayton Law Review

No abstract provided.

American Party-Appointed Arbitrators — Not The Three Monkeys, David Branson

University of Dayton Law Review

No abstract provided.

The Obstacles To A Constitutional Partial Birth Abortion Ban: How State Legislatures Have Failed And The Shortcomings Of President George W. Bush's Partial Birth Abortion Ban Act Of 2003, Betsy West Suver

University of Dayton Law Review

No abstract provided.

Mimicking Marriage: As The Evolution Of The Legal Recognition Of Same-Sex Marriage Progresses, Civil Unions Currently Represent The Best Alternative To Marriage, Erin Stefanec

University of Dayton Law Review

No abstract provided.

Broken Scales: Obesity And Justice In America, Adam Benforado, Jon Hanson, David Yosifon

Faculty Publications

This Article is not so much about the scales we use to measure weight, but the scales we use to infer causation and assign responsibility-including the scales of justice. Ultimately, the problem we face is not obesity itself. Obesity is only a symptom of the problem. When scientists and public health experts point to various environmental agents-whether larger portion sizes, corn subsidies, video games, or urban sprawl-they, too, overlook the deeper source of our troubles. Our real problem is that we have an extremely difficult time seeing and understanding the role of unseen features in our environment and within us …

The Role Of Opt-Outs And Objectors In Class Action Litigation: Theoretical And Empirical Issues, Theodore Eisenberg, Geoffrey P. Miller

Cornell Law Faculty Publications

No abstract provided.

The Merciful Capital Juror, Theodore Eisenberg, Stephen P. Garvey

Cornell Law Faculty Publications

We examine the role of mercy in capital sentencing along three dimensions. We first explain why mercy is a philosophically problematic virtue, and second, why it presently holds an ambiguous status within constitutional doctrine. Finally, we draw on interviews with jurors who served on capital cases in order better to understand how the behavior of merciful jurors compares to the behavior of their less merciful counterparts. Among other things, we find that merciful jurors tend to be better educated and to attend religious services regularly. We also find that merciful jurors are, as one might reasonably expect, more apt to …

For The Rest Of Their Lives: Seniors And The Fair Housing Act, Robert G. Schwemm, Michael Allen

Law Faculty Scholarly Articles

America's population is growing older. According to the 2000 census, more than 35 million people in the United States (12% of the total population) are over 65 years old. These figures are expected to grow dramatically in the early decades of the twenty-first century as the "Baby Boom" generation reaches retirement age and as improvements in health care make it possible for more people to live to an advanced age.

Providing housing for this segment of the American population is already a massive industry and one that will certainly grow as the number of, older persons increases. One of the …

The Case Against Dog Breed Discrimination By Homeowners' Insurance Companies, Larry Cunningham

Connecticut Insurance Law Journal

No abstract provided.

A Model Financial Statement Insurance Act, Lawrence A. Cunningham

Connecticut Insurance Law Journal

No abstract provided.

Toxic Mold In Texas: Will Recent Insurance Reforms Clean It Up For Good, Jessica Seger

Connecticut Insurance Law Journal

No abstract provided.