Law Commons^™

How It Works: Sobriety Sentencing, The Constitution And Alcoholics Anonymous. A Perspective From Aa's Founding Community, Max E. Dehn

ExpressO

This paper analyzes the public health as well as constitutional issues that arise when persons are required by courts to participate in 12-step recovery programs.

An Economic Assessment Of Damage Caps In Medical Malpracitce Litigation Imposed By State Laws And The Implications For Federal Policy And Law, Paul Wazzan

ExpressO

Many states have implemented laws which limit non-economic (e.g., pain and suffering) damages as a result of medical malpractice. These laws are seen by proponents as reducing medical malpractice insurance costs and preserving access to health care – especially for lower income individuals. Opponents believe that individuals are harmed through being prevented from seeking a full measure of redress for medical malpractice incidents, by reducing access to the court system, and that these laws simply enrich insurance companies and doctors.

Federal lawmakers are currently studying the potential effect of uniform medical malpractice damage limits at the national level. It is …

Dependent Relative Revocation Has Lost Its Way But Can Be Found And Better Understood, Frank L. Schiavo

ExpressO

No abstract provided.

Vol. 29, No. 04 (September 19, 2005)

Indiana Law Annotated

No abstract provided.

Organizational Form As Status And Signal, Kimberly D. Krawiec

ExpressO

In this Article, the author analyzes the reactions of 147 New York City law firms to the 1994 enactment of the New York Limited Liability Partnership statute, which provided New York law firm partners with the first convenient mechanism to limit their personal liability for partnership debts. Using both quantitative and qualitative evidence, she evaluates whether the behavior of New York law firms supports the signaling theory of organizational form—that is, the theory that firms use the partnership form to signal to the marketplace that they provide high quality legal services, due to either superior monitoring or to profit sharing. …

Towards A Development-Oriented Multilateral Framework On Competition Policy, Jae Sung Lee

ExpressO

No abstract provided.

Broken Borders: Decanas V. Bica, And The Standards That Govern The Validity Of State Measures Designed To Deter Undocumented Immigration, Joshua J. Herndon

ExpressO

No abstract provided.

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

ExpressO

This article uses the case of Locke v. Davey as an exemplar of the new Establishment clause jurisprudence which has opened the door for greater governmental support of sectarian schools and enterprises. What I believe has not been truly appreciated is that the rhetorical approach that fostered the change, if followed consistently, should increase the government’s burden in justifying pressures or sacrifices of personal rights such as Joshua Davey faced in the exemplar case.

Sept. 16, 2005, (Undated) Summary Note Covenant Compliance Certificates, Ifc

IFC E&S Performance Standards

No abstract provided.

Appeal No. 0746: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2005-07, 2005-08, 2005-09, and 2005-10

Appeal No. 0747: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2005-07, 2005-08, 2005-09, and 2005-10

Appeal No. 0743: Eastland Energy Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2004-104 and 2004-104 (corrected)

Appeal No. 0749: Eastland Energy Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2004-104 and 2004-104 (corrected)

Appeal No. 0745: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2005-07, 2005-08, 2005-09, and 2005-10

Appeal No. 0748: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2005-07, 2005-08, 2005-09, and 2005-10

Hollywood's Disappearing Act: International Trade Remedies To Bring Hollywood Home, Claire Wright

ExpressO

No abstract provided.

Lawyers And Learning: A Metacognitive Approach To Legal Education, Anthony S. Niedwiecki

ExpressO

The article discusses how the current methods of teaching law students hinder their ability to transfer the knowledge and skills learned in law school to the practice of law. I propose integrating learning theory into the law school curriculum, with a specific focus on teaching metacognitive skills. Generally, metacognition refers to having both an awareness of and control over one’s learning and thinking. Professors can help the students gain an awareness of their learning by focusing the students on which learning preferences and experiences they bring to law school and how they can match them to the skills required of …

Petition For A Writ Of Certiorari, Scott V. Johanns, No. 05-356 (U.S. Sept. 15, 2005), Scott L. Nelson, David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

Supreme Court Nomination John G. Roberts: Hearing Before The S. Comm. On The Judiciary, 109th Cong., Sept. 15, 2005 (Statement Of Peter B. Edelman, Prof. Of Law, Geo. U. L. Center), Peter B. Edelman

Testimony Before Congress

No abstract provided.

Amendment In The Nature Of A Substitute To H.R. 2795, The "Patent Act Of 2005": Hearing Before The Subcomm. On Courts, The Internet, And Intellectual Property Of The H. Comm. On The Judiciary, 109th Cong., Sept. 15, 2005 (Statement Of Professor John R. Thomas, Geo. U. L. Center), John R. Thomas

Testimony Before Congress

No abstract provided.

Summary Of State V. Weber, 121 Nev. Adv. Op. 57, Danielle Oakley

Nevada Supreme Court Summaries

An appeal from a judgment of conviction and sentence of death, pursuant to a jury trial.

Summary Of Dep’T Of Taxation V. Daimlerchrysler Svcs. N. Am., Llc, 121 Nev. Adv. Op. 56, Danielle Oakley

Nevada Supreme Court Summaries

Department of Taxation (“the Department”) appealed from a district court order, which had granted DaimlerChrysler’s petition for judicial review of the Department’s decision denying DaimlerChrysler’s application for a tax refund under Nevada’s bad-debt collection statute.

Summary Of Southern Nevada Operating Engineers V. Labor Commissioner, 121 Nev. Adv. Op. 54, Scott Mcdonald

Nevada Supreme Court Summaries

The elimination of an entire class of workers from an adopted prevailing wage regulation by the Labor Commissioner (“Commissioner”) constitutes administrative rulemaking and thus requires compliance with the notice and hearing provisions of Nevada’s Administrative Procedure Act (“APA”).

Mara’Abe V. The Prime Minister Of Israel, Aharon Barak, Dorit Beinisch, Ayala Procaccia, Edmond E. Levy, Asher Grunis, Miriam Naor, Salim Joubran, Esther Hayut, Mishael Cheshin

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

According to orders by the military commander, a partition fence was erected that sorrounds the town of Alfei Menashe in all directions while leaving a road connecting the town to Israel. Several Palestinian villages are within the area surrounded by the fence. The fence cuts them off from the remaining areas of the West Bank and creates a landlocked cluster of villages on the …

Cityland – Vol. 2, No. 8, Center For New York City Law

CityLand - 2005

The September 2005 issue of CityLand highlights major land use and zoning actions across New York City. Key developments include the City Council’s approval of Enrique Norten’s glass tower at One York Street in Tribeca and a text amendment allowing heliostats and wind turbines atop buildings in Battery Park City. The Council also approved a housing project for the mentally ill in East New York. The Planning Commission approved a major mixed-use development at 270 Greenwich Street and a controversial parking garage in Chelsea. BSA decisions include a denied appeal for a Van Cortlandt Village development, a variance for Robert …

Hearings Before The United States Senate Committee On The Judiciary On The Nomination Of John G. Roberts To Be Chief Justice Of The United States, Patricia L. Bellia

Congressional Testimony

Originally published by the United States Senate Committee on the Judiciary

Perma.cc

GovInfo

Perma.cc

Summary Of Phillips V. State, 121 Nev. Adv. Op. 58, Patrick Murch

Nevada Supreme Court Summaries

Defendant/Appellant Donald E. Phillips ("Phillips") appealed from a jury conviction of one count each of aggravated stalking and preventing or dissuading a witness from testifying, and twelve counts of extortion.

Summary Of Mineral County V. State, Bd. Equalization, 121 Nev. Adv. Op. 55, Patrick Murch

Nevada Supreme Court Summaries

Defendant/Appellant Mineral County ("County") appealed from the district court's dismissal of its petitions for review of decisions issued by the Nevada State Board of Equalization ("State Board") under the Nevada Administrative Procedure Act ("APA"), Nevada Revised Statutes ("NRS") Chapter 233B.

Casenote: Killing Life Partners: Why Viatical Settlements Constitute Securities – In Light Of The Sec V. Mutual Benefits Corporation And Other Recent Cases Explicitly Rejecting Life Partners, Brian Levin

ExpressO

No abstract provided.

The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005: The Solution To Inherent Inequalities Exists Outside The Box Of Congress' "Sense" Of Personal Finance Education, Lisa M. Wiltshire

ExpressO

This Note analzyes the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 in relation to discrepancies between minority and white bankruptcy petition filers.