Law Commons^™

Cause And Effect - And Good Intentions, Timothy O'Neill

Timothy P. O'Neill

Distinguishing Swaps From Futures: A Regulatory History, Christian Johnson

Christian A. Johnson

Bright-Line Rule Spotlights Sham Of Rationale, Timothy O'Neill

Timothy P. O'Neill

Digital Editing: It's Time To Tell All, Erik Ugland, Karen Slattery

Erik Ugland

No abstract provided.

Actually, There Is No Line ..., Erik Ugland, Karen Slattery

Erik Ugland

No abstract provided.

And The Lockstep Beat Still Goes On, Timothy O'Neill

Timothy P. O'Neill

The Future Of Sodomy, Libby Adler

Libby S. Adler

This article is based on a talk given at the plenary session on Lawrence v. Texas at the 2003 Lavender Law Conference held at Fordham Law School. It takes its cue from Justice Holmes that law is about prediction, and scours Lawrence for indications about sodomy’s future. Specifically, what in Lawrence might benefit sex? What in Lawrence might confirm or disrupt hetero- and homosexual identities? This article celebrates Lawrence as a victory, but cautions against ignoring a handful of danger signs for sexual practices and categories.

Il Diritto Giurisprudenziale Globalizzato Ed Il Progetto Imperiale. Qualche Spunto, Ugo Mattei

Ugo Mattei

No abstract provided.

Modeling Constitutional Doctrine (Symposium), Mark D. Rosen

Mark D. Rosen

No abstract provided.

State's Court Of Last Resort Is In D.C., Timothy O'Neill

Timothy P. O'Neill

The Ethics Of Staging, Erik Ugland, Karen Slattery

Erik Ugland

No abstract provided.

Police Testimony Undoes Conviction, Timothy O'Neill

Timothy P. O'Neill

Domestic Torts, Robert Spector

Robert G. Spector

No abstract provided.

In Closing: Fighting Might With Rights, Kent Greenfield

Kent Greenfield

No abstract provided.

Roles Of Sexual Objectification Experiences And Internalization Of Standards Of Beauty In Eating Disorder Symptomatology: A Test And Extension Of Objectification Theory, Danielle Dirks, B. Moradi

Danielle Dirks

No abstract provided.

The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler

Thomas C. Kohler

"Solidarity," a term not overly familiar to Americans, sometimes seems to have as many meanings as it has users. The concept became incorporated into American thought during the 19th and 20th century waves of Catholic and Jewish immigration. It provides a European vision of communitarian social order that competes with the "unencumbered self" - America's unique brand of individualism. Among philosophers, politicians, religious thinkers, and social activists, solidarity theory sought to redefine the then-prevailing views of social bonds. Nowhere is this more apparent than in the American labor movement, which espouses as its core values the principles of unity and …

The Devil In The Details: How Specific Should Catholic Social Thought Teaching Be? , Michele Pistone

Michele R. Pistone

The article explores Catholic social teaching's tradition of generality, and assesses the wisdom of, and potential for, change to a more specific orientation. The article enlightens the reader as to reasons for the traditional approach to Catholic social teaching, what might be gained by the articulation of a more concrete social teaching, the assertion that a more specific social teaching will require greater lay input, a suggestion for a possible mechanism for accomplishing this, and the benefits of greater lay input, particularly via the aforementioned mechanism. The article also makes some recommendations as to when, how, and to what degree …

The Long, Complex, And Futile Deportation Saga Of Carlos Marcello, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Immigration Law: The ‘Plenary Power’ Doctrine, In The Encyclopedia Of The Supreme Court (David Schultz Ed., Facts On File), Anil Kalhan

Anil Kalhan

No abstract provided.

Introduction To United States International Taxation, Hugh Ault, James Repetti, Paul Mcdaniel

Hugh J. Ault

The 2005 edition of this well-known reference work for the tax community provides an introduction to the application of the United States international taxation system to taxpayers investing or transacting business in the US and other countries. In a relatively brief and manageable form, it sets forth the principles adopted by the US in taxing US or foreign individuals and corporations as they invest, work, or carry on a trade or business in the US or abroad. The presentation focuses on ten specific aspects of the subject matter: -general aspects of the corporation income tax, the individual income tax, the …

Annual Of German & European Law 2003, Russell Miller, Peer Zumbansen

Russell A. Miller

No abstract provided.

The Rule Of Capture--An Oil And Gas Perspective, Owen Anderson, Bruce Kramer

Owen L. Anderson

No abstract provided.

International Decisions: Occidental Exploration And Production Company V. The Republic Of Ecuador, Susan Franck

Susan D. Franck

Occidental v. Ecuador is the first claim under a bilateral investment treaty claim involving tax issues. This case comment analyzes the tribunal's award and offers a critique of both the analysis and the conclusion. This comment suggests that the tribunal may have gone further than necessary in its analysis of arbitrary measures impairing investment, failed to engage in a sector-by-sector analysis of national treatment, and compressed the analysis of separate rights into one broad test for evaluating fair and equitable treatment. The comment concludes that Occidental may best be understood as confined to its unique facts lest there be larger …

Lost Foundations: The Religious Voice And Employee Participation In The United States And Germany, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Mary And Isis, Lorin Geitner

Lorin C. Geitner

An examination of the degree to which the modern conception of the Virgin Mary was affected and influenced by the cult of Isis.

Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume One, The Political Commonplace Book And The London Journal, Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.

The Psychological Foundation For An Integrated Course In Law And Ethics. Journal Of Learning In Higher Education, Richard Mcgowan

Richard McGowan

Centuries ago, Thomas Aquinas noted that “human reason must proceed from the precepts of the natural law as from certain common and indispensable principles to other more particular dispositions” (ST I-II, 91, 3) He said that “because of the uncertainty of human judgment, especially in contingent and particular matters, it happens that different decisions are made about different human acts so that laws are often divergent and even contradictory.” (91, 4)

To the casual reader, Thomas might be endorsing a position akin to ethical relativism but Thomas finds little to endorse about that position: “the truth is the same for …

A Review Of The Year In Family Law: "Same-Sex" Marriage Issue Dominates Headlines, Robert Spector, Linda Elrod

Robert G. Spector

No abstract provided.

Detention Reform And Girls: Challenges And Solutions: Jdai Pathways To Juvenile Detention Reform #13, Francine Sherman

Francine T. Sherman

This report is part of the Annie E. Casey Foundation Juvenile Detention Alternatives Initiative (JDAI) Pathways to Detention Reform Series. It describes the urgent need for juvenile justice systems to focus on their female populations and presents an overview of the pathways girls take into detention in the United States with a focus on justice system policies and practices that lead to unnecessary and disproportionate detention of girls. It then identifies promising policies, practices, and gender-responsive approaches drawn from JDAI sites, which can reduce girls’ detention and improve their outcomes. The report concludes with systemic strategies to eliminate gender bias …

The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future?, Susan Franck

Susan D. Franck

The number of bilateral and multilateral investment treaties has surged in the past decade. Investors are actively using these treaties to bring claims against sovereign states, and many of these tribunals have come to conflicting - if not diametrically opposed - results on the meaning of substantive treaty rights. This article evaluates the positive and negative attributes of such inconsistencies and the impact upon the rule of law. The article recommends building safeguards into the current dispute resolution process to minimize the negative impact of inconsistency and maximize its positive attributes.