Law Commons^™

Recurso De Agravo: Generalização De Sua Interposição, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

The Ideology Of Terror: Why We Will Never Win The 'War', Katie Rose Guest Pryal

Katie Rose Guest Pryal

A few days after the criminal attacks on the World Trade Center, President George W. Bush declared a metaphorical war on terror. The word “war” was once again applied to a nebulous concept in hopes of rallying support to Bush’s plans. Had Bush declared war on “terrorism,” a noun that denotes physical acts of violence, the war would have remained attached to the material world. By declaring war on “terror,” America’s enemy became ephemeral and eternal. Using Althusser's theory of ideology, this article demonstrates how the public rhetoric of terror created an “ideology of terror” that created support for Bush's …

A Constitutional Court In The Absence Of A Formal Constitution? On The Ramifications Of Appointing The Israeli Supreme Court As The Only Tribunal For Judicial Review, Guy E. Carmi

Guy E Carmi

This manuscript reviews an emerging debate in Israel regarding the appointment of the Supreme Court as a Constitutional Court. Specifically, it offers a critical analysis of the most recent proposed model, which is now in the initial legislative stages (The “Neeman Committee”), to appoint the Supreme Court as the sole constitutional arbiter.

First, the article offers an overview of the main processes that have occurred in the arena of Israeli constitutional law in the last decade, generally known as the “Constitutional Revolution.” Next, the article shows the nexus between this process and the revival of the constitutional court debate. Readers …

Filmmaking In The Precinct House And The Genre Of Documentary Film, Jessica M. Silbey

Jessica Silbey

This Article explores side-by-side two contemporary and related film trends: the recent popular enthusiasm over the previously arty documentary film and the mandatory filming of custodial interrogations and confessions. The history and criticism of documentary film, indeed contemporary movie-going, understands the documentary genre as political and social advocacy (recent examples are Michael Moore’s Farenheit 9/11 and Errol Morris’s Fog of War). Judges, advocates, and legislatures, however, view films of custodial interrogations and confessions those that reveals a truth and lacks a distorting point of view. As this Article will explain, the trend at law, although aimed at furthering venerable criminal …

Law And Politics Of Rights: Who Decides The Conditions For Trade Preferences? Institutional Choice In The General System Of Preferences Case, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

Administrative Law Judge Upholds Ftc Complaint Ordering Evanston Northwesternhealthcare Corporation To Unwind Five-Year-Old Acquisition , James Lowe, Alexander Krulic

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

On October 21, 2005, the Federal Trade Commission (FTC) announced that Administrative Law Judge Stephen J. McGuire had ordered Evanston Northwestern Healthcare Corporation (ENH) to divest Highland Park Hospital, located in a Chicago suburb. (The decision can be found at http://www.ftc. gov/os/adjpro/d9315/051021idtextversion. pdf.) ENH had acquired Highland Park five years ago for $200 million. In an administrative complaint issued in February 2004, the FTC alleged that the acquisition had resulted in "substantially lessened competition" and higher prices for insurers and healthcare consumers for general acute care inpatient services sold to managed care organizations. In upholding part of the complaint, Judge …

Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma

Saumya Uma

This publication contains a detailed report of each session of the 1st National Consultation on the ICC & India, held in Delhi on 8-9 December 2005.

"Anticipatory Self-Defense" And Other Stories, Jeanne M. Woods, James M. Donovan

James M. Donovan

We argue that the specious justification for the invasion of Iraq -- a war based on a pretext of anticipatory self-defense -- necessarily exacerbates the inherent tendency of war to dehumanize and humiliate the enemy. This tendency is particularly evident in the variant of anticipatory self-defense that we have denominated as "capacity preemption," a type of claim that by definition depends upon characterizations of the opponent as utterly inhuman.

The Bush Doctrine tells a timeless story of self-defense. This story is shaped by an identifiable and predictable narrative structure, one that is able to transform the morally outrageous -- an …

Kentucky River At The Intersection Of Professional And Supervisory Status: Fertile Delta Or Bermuda Triangle?, Marley S. Weiss

Faculty Scholarship

No abstract provided.

Banging On The Backdoor Draft: The Constitutional Validity Of Stop-Loss In The Military, Evan M. Wooten

William & Mary Law Review

No abstract provided.

Derungs V. Wal-Mart Stores: Another Door Shut - A Federal Interpretation Excluding Breastfeeding From The Scope Of A State's Sex Discrimination Protection, Katherine A. Macfarlane

Loyola of Los Angeles Law Review

No abstract provided.

Georgia Controlled Substance Law, Paul Ghanouni

Law Library Student-Authored Works

No abstract provided.

Appealing Ineffective Assistance Of Counsel, Constance Stansell

Law Library Student-Authored Works

No abstract provided.

Income Tax Liabilities And Possible Bankruptcy Solutions, Brent Howard

Law Library Student-Authored Works

No abstract provided.

Domestic Violence Victims' Rights, Leslie Donaho

Law Library Student-Authored Works

No abstract provided.

The Haitian Refugee Immigration Fairness Act, Tonya Piper

Law Library Student-Authored Works

No abstract provided.

Assisted Reproductive Technology And The Law, Margaret Akin

Law Library Student-Authored Works

No abstract provided.

Fourth Amendment Protection From Government Intrusion Of E-Mail And Internet Communications, William Randall King

Law Library Student-Authored Works

No abstract provided.

The Role Of The Irrevocable Trust In Estate Planning, Peter Bricks

Law Library Student-Authored Works

No abstract provided.

Theorizing Agency, Susan Carle

American University Law Review

Progressive legal scholars today exhibit contrasting views on the scope of legal actors' agency in making "choices" about how to lead their lives. Feminist legal scholar Joan C. Williams, for example, challenges claims that women who leave the paid workforce to stay home with children have made a voluntary choice to take this path. Critical race scholar Ian Haney López, on the other hand, argues that the social construction of racial identity occurs precisely through the many voluntary choices members of both subordinated and dominant racial groups make about matters that implicate racial meanings. Williams contests the idea of voluntary …

Vol. 4, No. 01 (December 2005)

Indiana Law Update

No abstract provided.

David P. Forsythe On Non-State Actors And Human Rights. Edited By Philip Alston. Oxford, Uk: Oxford University Press, 2005. 350pp., David P. Forsythe

Human Rights & Human Welfare

No abstract provided.

Clarett V. National Football League: Defining The Non-Statutory Labor Exception To Antitrust Law As It Pertains To Restraints Primarily Focused In Labor Markets And Restraints Primarily Focused In Business Markets, Ronald Terk Sia

The University of New Hampshire Law Review

[Excerpt] “Contemporary sports have seen an influx of young talent opting for a chance at playing in the big leagues earlier at the expense of obtaining higher education. Many dream of playing professional sports—dreams often prohibited by player eligibility rules. In situations where the restraints are not argued to have been protected by non-statutory labor exception, antitrust law has been seen to set its talons into eligibility rules. […]

Federal antitrust law and national labor law set forth two conflicting policies that have created a periodic drama for sports fans concerned that their favorite sports will suffer a cataclysmic court …

The Exxon Valdez Reopener: Natural Resources Damage Settlements And Roads Not Taken, William H. Rodgers Jr., J. B. Crosetto Iii, C. A. Holley, T. C. Kade, J. H. Kaufman, C. M. Kostelec, K. A. Michael, R. J. Sandberg, J. L. Schorr

Alaska Law Review

No abstract provided.

Understanding The Unoriginal: Indeterminant Originalism And Independent Interpretation Of The Alaska Constitution, Michael Schwaiger

Alaska Law Review

No abstract provided.

Salt Equalizer, Vol. 2005, Issue 4, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Nancy Ehrenreich, Welcome to Our New SALT Board Members, at 1.

Beto Juarez & Holly Maguigan, Co-Presidents' Column, at 1.

Kent Greenfield, Solomon Amendment Litigation Update, at 4.

Beto Juarez, SALT and Pipeline Programs, at 4.

Margaret Martin Barry, Affirmative Action Committee Report, at 5.

Margaret Martin Barry, Follow-Up on Revised ABA Standards for Law Clinic Faculty, at 6.

Camille A. Nelson & Adele M. Morrison, Report on SALT's Third Annual Junior Faculty Development Workshop, at 6.

Jane Dolkart, SALT Annual Awards Dinner to Honor Cole, CCR, and Yamamoto …

You Don't Like It...Change The (Expletive Deleted) Channel!: An Analysis Of The Constitutional Issues That Plague Fcc Enforcement Actions And A Proposal For Deregulation In Favor Of Direct Consumer Control, Ian J. Antonoff

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Tobacco Regulation Review, V. 4, No. 2, Dec. 2005

Tobacco Regulation Review

No abstract provided.

Introduction, Horacio Spector

Chicago-Kent Law Review

No abstract provided.

Natural Rights And Two Conceptions Of Promising, Peter Vallentyne

Chicago-Kent Law Review

Does one have an obligation to keep one's promises? I answer this question by distinguishing between two broad conceptions of promising. On the normativized conception of promising, a promise is made when an agent validly offers to undertake an obligation to the promisee to perform some act (i.e., give up a liberty-right in relation to her) and the promisee validly accepts the offer. Keeping such promises is morally obligatory by definition. On the non-normativized conception, the nature of promising does not conceptually entail any connection with the obligation to keep promises. A promise might be understood, for example, as an …