Law Commons^™

Substantive Due Process As A Source Of Constitutional Protection For Nonpolitical Speech, Gregory P. Magarian

Working Paper Series

Present First Amendment doctrine presumptively protects anything within the descriptive category “expression” from government regulation, subject to balancing against countervailing government interests. As government actions during the present war on terrorism have made all too clear, that doctrine allows intolerable suppression of political debate and dissent – the expressive activity most integral to our constitutional design. At the same time, present doctrine fails to give a clear account of why the Constitution protects expressive autonomy and when that protection properly should yield to government interests, leading to an inconsistent and unsatisfying free speech regime. In this article, Professor Magarian advocates …

Finding A Cure For High Medical Malpractice Premiums: The Limits Of Missouri’S Damage Cap And The Need For Regulation, Kevin Mcmanus

Saint Louis University Law Journal

No abstract provided.

If They Ask For A Stool . . . Recognizing Reasonable Accommodation For Employees “Regarded As” Disabled, Timothy J. Mcfarlin

Saint Louis University Law Journal

No abstract provided.

Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pingree

ExpressO

The article explores the rhetorical strategies deployed in both legal and cultural narratives of Mormon polygamy in nineteenth-century America. It demonstrates how an understanding of that unique communal experience, and the narratives by which it was represented, informs the classic paradox of community and autonomy – the tension between the collective and the individual. The article concludes by using the Mormon polygamy analysis to illuminate a contemporary social situation that underscores the paradox of community and autonomy – homosexuality and the so-called culture wars over family values and the meaning of marriage.

Reconceptualizing Due Process In Criminal Justice: Contributions From Law And Social Science, Christopher Slobogin

ExpressO

This article challenges the accepted wisdom, at least since the Supreme Court’s decision in Gault, that procedures in juvenile delinquency court should mimic the adult criminal process. The legal basis for this challenge is Gault itself, as well as the other Supreme Court cases that triggered the juvenile justice revolution of the past decades, for all of these cases relied on the due process clause, not the provisions of the Constitution that form the foundation for adult criminal procedure. That means that the central goal in juvenile justice is fundamental fairness, which does not have to be congruent with the …

The Law And Economics Of Wardrobe Malfunction, Adam Candeub

ExpressO

ABSTRACT: This article examines the Federal Communication Commission’s indecency regulation for television and radio. In recent years, the FCC has not only pursued high profile enforcements such as Janet Jackson’s well-known Super Bowl half time show, but perhaps more important, has issued fines against broadcasters in record amounts totaling millions of dollars. Critics claim that these enforcements are politicized, arbitrary, and chilling of free speech.

This article proposes a new, market-based mechanism for indecency regulation that avoids the pitfalls of the FCC’s current approach. The proposal focuses on the viewer--advertiser relationship, in distinction to the FCC’s regulations, which concentrate solely …

U.S. Supreme Court Tort Reform: Limiting State Power To Articulate And Develop Its Own Tort Law–Defamation, Preemption, And Punitive Damages, Thomas C. Galligan

ExpressO

U.S. Supreme Court Tort Reform: Limiting State Power to Articulate and Develop Its Own Tort Law–Defamation, Preemption, and Punitive Damages analyzes and critiques the three primary areas in which the U.S. Supreme Court has found federal constitutional limits on a state’s power to articulate, develop, and apply its common law of torts. It is the first piece to consider all three areas together as an emerging body of jurisprudence which Professor Galligan calls U.S. Supreme Court tort reform. After setting forth a modest model of adjudication, the article applies that model to each of the three areas: defamation and related …

Looking For Sullivan In Cyberspace, Geoffrey A. Neri

ExpressO

No abstract provided.

Agenda: Endangered Species Act Congressional Field Tour, University Of Colorado Boulder. Natural Resources Law Center

Endangered Species Act Congressional Field Tour (August 17-19)

The Center sponsored its third annual field tour for staff members of the United States Congress, the United States Environmental Protection Agency, and the Colorado state legislature.

Day 1: Wednesday, 17 August 2005: Introduction, Mark Squillace

Endangered Species Act Congressional Field Tour (August 17-19)

5 pages.

Contains references.

Day 1: Wednesday, 17 August 2005: Science And The Esa, Joy Nicholopoulos, William Lewis

Endangered Species Act Congressional Field Tour (August 17-19)

43 pages (includes illustrations and map).

Contains references.

Day 1: Wednesday, 17 August 2005: Biodiversity And Critical Habitat, Charles Bedford, Federico Cheever, Tim Sullivan

Endangered Species Act Congressional Field Tour (August 17-19)

6 pages (includes color illustration).

Contains references.

Day 1: Wednesday, 17 August 2005: Reauthorizing The Esa, Mark Squillace

Endangered Species Act Congressional Field Tour (August 17-19)

1 page.

Contains one reference.

Court Of Appeals Again Restrains Lower Courts, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Through a review of recent case history, this article examines the role of courts in land use decisions. The consensus of the holdings is that a court should not substitute its discretion for that of a local land use board so long as the board’s decision was based on substantial evidence on the record. The rational for this standard of deference is based on the idea that local land use boards are legislative bodies that understand the needs of the communities they serve. This article highlights several instances where appeals courts reign in the power of trial courts that overstep …

Comes At Night V. Comes At Night, 1998-Ca-512 (Blkft. Tr. Ct. App., August 17, 2005)., Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court, the Court denied the Respondent’s motion to reconsider because it is untimely. The Court made this decision regarding the Court’s previous order (December 13, 2004) distributing property of the parties. Under Rule 60 of the F.R.Civ.Proc. any motion for relief from the judgment must be filed within 60 days of the date of the order.

Negotiating A Commercial "Most Favored Nation" Clause, Stirling Adams

Brigham Young University International Law & Management Review

No abstract provided.

The Viability Of Stimulating Technology-Oriented Entrepreneurial Activity In China, Taiwan, Japan, And South Korea: How Regulations And Culture Encourage The Creation, Development And Exploitation Of Intellectual Property, Matthew L. Goldberg

Brigham Young University International Law & Management Review

No abstract provided.

Privatization Of Space Ventures: Proposing A Proven Regulatory Theory For Future Extraterrestral Appropriation, Jonathan Thomas

Brigham Young University International Law & Management Review

No abstract provided.

Conglomerating Antitrust Policy By Comparative Example: A Conceptual Analysis Of Merger Regulation In The United States, Japan, And The European Union, Jonathan T. Trexler

Brigham Young University International Law & Management Review

No abstract provided.

Aug. 16, 2005, Ifc, Progress Rep. To Code, And Aug. 11 Draft Of Policy And Pss, Ifc

IFC E&S Performance Standards

No abstract provided.

The Reasonableness Of Probable Cause, Craig S. Lerner

George Mason University School of Law Working Papers Series

Probable cause is generally cast in judicial opinions and the scholarly literature as a fixed probability of criminal activity. In the weeks before the September 11 attacks, FBI headquarters, applying such an unbending standard, rejected a warrant application to search Zacarias Moussaoui’s laptop computer. This article, which begins with an analysis of the Moussaoui episode, argues that the probable cause standard should be calibrated to the gravity of the investigated offense and the intrusiveness of a proposed search. Tracing the evolution of probable cause from the common law through its American development, the article argues that the Supreme Court’s current …

Safety Practices, Firm Culture, And Workplace Injuries, Richard J. Butler, Yong-Seung Park

Upjohn Press

The authors present analysis of the impact of various HRM practices on firms’ workers’ compensation costs; specifically, which practices lower firms’ workers’ compensation costs and whether the impact is the result of changes in technical efficiency or comes through induced changes in workers’ behavior.

Workplace Injuries And Diseases: Prevention And Compensation - Essays In Honor Of Terry Thomason, Karen Roberts Editor, John F. Burton Editor, Matthew M. Bodah Editor

Upjohn Press

This book presents a set of essays from a group of leading scholars that provides a detailed overview of what is known about the disability insurance system while highlighting areas of the system that beg for greater understanding.

Compensation For "Measures Tantamount To Expropriation" Under Nafta: What It Means And Why It Matters, Jeffrey Turk

Brigham Young University International Law & Management Review

No abstract provided.

Brazil Enacts New Federal Bankruptcy Law, Gilberto Deon Correa, Ricardo C. Veirano

Brigham Young University International Law & Management Review

No abstract provided.

Brazil Presses Forward With Economic Reform, Solidifying A Fresh Start, C. Gabriel Sanchez, Augusto Perez

Brigham Young University International Law & Management Review

No abstract provided.

The Eu Data Protection Directive: Implementing A Worldwide Data Protection Regime And How The U.S. Position Has Progressed, Seth P. Hobby

Brigham Young University International Law & Management Review

No abstract provided.

Use Of Wto Decisions In Judicial Review Of Adminstrative Action Under U.S. Antidumping Law, Dan Nichols

Brigham Young University International Law & Management Review

No abstract provided.

The Free Trade Area Of The Americas: The Great Challenge For Dispute Resolution, Salvador J. Juncadella, Matthew S. Poulter

Brigham Young University International Law & Management Review

No abstract provided.

U.S. Government Raises The Bar On "Deemed Exports" And Continues Other Trade Restrictions, Conan P. Grames, Terry L. Fund

Brigham Young University International Law & Management Review

No abstract provided.