Law Commons^™

In Re Paternity Of J.J.R.H., 2003-Paternity-I (Blkft. Tr. Ct. App., July 19, 2005), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court was asked to establish Paternity of a child, to determine the child’s degree of Indian blood for enrollment, and Terminate Parental Rights of the father. The petitioner-mother also asked the Court to order the respondent-father to give $1,000 to JJRH for lost per capita payments and to have the father meet JJRH to ask questions. Petitioner also requests the respondent pay half the DNA testing fees, or if refused, that the Court order respondent pay full cost and attorney’s fees. The respondent-father claims to be unaware of his degree of Indian …

  ---

  Go to article

The Effect Of Myth On Primitive And Ancient Justice , Stuart Madden

ExpressO

THE EFFECT OF MYTH ON PRIMITIVE AND ANCIENT JUSTICE M. Stuart Madden

Abstract In primitive and civilized cultures alike, myth has served as a foundational component of social structure and societal cultural self-image. For peoples with limitation on their skills of scientific inquiry and/or detached social observation, myth has served purposes ranging from explanation of the natural world to early visions of civil justice and a moral ethos. Such application of myth has necessarily and simultaneously provided adherents with the means of rationalizing the caprice and harshness of the natural world, as well as giving a means of accepting, even …

What An Aging Workforce Can Teach Us About Workplace Flexibility: Labor Force Participation Rates Of Women Age 55 And Over, By Age Group, Annual Averages, 1963–2003, Robert Hutchens Phd

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

What An Aging Workforce Can Teach Us About Workplace Flexibility: Population Pyramids For The United States, Robert Hutchens Phd

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

What An Aging Workforce Can Teach Us About Workplace Flexibility: Labor Force Participation Rates Of Men Age 55 And Over, By Age Group, Annual Averages, 1963–2003, Robert Hutchens Phd

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Race Against The Machine: An Argument For The Standardization Of Voting Technology, Jason Belmont Conn

ExpressO

In this article/note, I examine a lingering question from the court cases arising out of the 2000 election: Does Bush v. Gore and the relevant equal protection case law open the door for a legal challenge to a state’s use of different voting machines/technologies and how do racial disparities in machine error rates impact this analysis? In addition to reviewing the current literature and case law on voting machine standardization, I also present an unrecognized and undocumented connection between the “all deliberate speed” order in Brown and the Court’s discussion of voting technology in Bush v. Gore.

Securing American Sovereignty: A Review Of The United States' Relationship With The Wto: Hearing Before The Subcomm. On Federal Financial Management, Government Information, And International Security Of The S. Comm. On Homeland Security And Governmental Affairs, 109th Cong., July 15, 2005 (Statement Of Professor Robert K. Stumberg, Geo. U. L. Center), Robert Stumberg

Testimony Before Congress

No abstract provided.

Cityland – Vol. 2, No. 6, Center For New York City Law

CityLand - 2005

The July 2005 issue of CityLand highlights major land use and zoning developments across New York City. Key coverage includes the City Council’s approval of Lincoln Center’s redesign, featuring new public spaces, signage, and expanded cultural facilities. The Council also approved the West Chelsea/High Line rezoning, enabling the transformation of the elevated rail line into a public park. Other actions include the General Motors Plaza renovation, Rockefeller Center signage amendments, and the downzoning of Bensonhurst and Staten Island neighborhoods. The issue reports on the approval of a new bridge in the Bronx, a DUMBO Business Improvement District, and multiple affordable …

Discretion And Criminal Law: The Good, The Bad, And The Mundane, George C. Thomas Iii

Rutgers Law School (Newark) Faculty Papers

Most academic papers condemn discretion in the enforcement and prosecution of crime. This essay argues that discretion should be understood to come in three varieties: good discretion, which is beneficial; bad discretion, which is typified by acts motivated by race, sex, or class considerations; and mundane discretion, which is value-neutral. The decision to pursue a drunken driver rather than a speeder, for example, is a good use of discretion while the decision to pursue one speeder rather than another based on race is bad discretion. Most motives that prompt acts of discretion, however, are value-neutral or what I call “mundane” …

Time Travel, Hovercrafts, And The Framers: James Madison Sees The Future And Rewrites The Fourth Amendment, George C. Thomas Iii

Rutgers Law School (Newark) Faculty Papers

The Framers could not have contemplated the interpretational problems that cloud the Fourth Amendment because police, in the modern sense, were unknown to the Framers. Also unknown to the Framers, of course, were wiretaps, drug interdiction searches, thermal imagining, helicopters, and blood tests. We can infer from the history surrounding the Fourth Amendment what the Framers hoped it would accomplish in their time. What if the Framers could have seen the future and known the kind of police techniques that are being used today? What kind of Fourth Amendment would they have written with that knowledge? This article seeks to …

Leon Wallace Profile

Leon Wallace (1951-1952 Acting; 1952-1966)

No abstract provided.

Bolling, Equal Protection, Due Process, And Lochnerphobia, David E. Bernstein

George Mason University School of Law Working Papers Series

In Brown v. Board of Education, the United States Supreme Court invalidated state and local school segregation laws as a violation of the Fourteenth Amendment's Equal Protection Clause. That same day, in Bolling v. Sharpe, the Court held unconstitutional de jure segregation in Washington, D.C.'s public schools under the Fifth Amendment's Due Process Clause. Fifty years after it was decided, Bolling remains one of the Warren Court's most controversial decisions.

The controversy reflects the widespread belief that the outcome in Bolling reflected the Justices' political preferences and was not a sound interpretation of the Due Process Clause. The Bolling Court …

Specialty Hospitals: Can General Hospitals Compete?, Laura A. Dummit

National Health Policy Forum

The rapid increase in specialty cardiac, surgical, and orthopedic hospitals has captured the attention of general hospitals and policymakers. Although the number of specialty hospitals remains small in absolute terms, their entry into certain health care markets has fueled arguments about the rules of “fair” competition among health care providers. To allow the smoke to clear, Congress effectively stalled the growth in new specialty hospitals by temporarily prohibiting physicians from referring Medicare or Medicaid patients to specialty hospitals in which they had an ownership interest. During this 18-month moratorium, which expired June 8, 2005, two mandated studies of specialty hospitals …

The Coalescence Of Law And Science In An Era Of School Drug Testing: Beyond Vernonia, Earls, And Joye, George S. Yacoubian

ExpressO

No abstract provided.

China's Proposed Anti-Monopoly Law, Pamela Bookman

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

Well-designed competition policy can promote consumer welfare and economic growth. Poorly designed policy can retard both. As China’s importance in the world economy grows steadily each year, so does the importance of its competition policy. Because China is a low-cost manufacturing center and home to an enormous market, foreign companies have invested in China extensively, including through joint ventures with Chinese companies that involve sharing the foreign companies’ intellectual property rights with their Chinese partners.

Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reentry Into Criminal Defense Lawyering, Michael Pinard

Faculty Scholarship

In this article, Professor Michael Pinard highlights the holistic model of criminal defense representation, which seeks to address the myriad issues that often lead to the client’s involvement with the criminal justice system with the overarching goal of providing a comprehensive solution to those underlying factors. While lauding these developments, however, Professor Pinard argues that the holistic model has largely overlooked two facets of the criminal justice system that impact greatly the client’s life once the formal representation has concluded: the collateral consequences of criminal convictions and reentry. Professor Pinard explores the emerging attention devoted to these two components, but …

Jul. 7, 2005, Draft Cso Talking Points For Us Ed Meetings, Ifc

IFC E&S Performance Standards

No abstract provided.

Jul. 7, 2005, Nikki Reisch, Et Al, Cso Talking Points For Us Ex Dir Mtg, Ifc

IFC E&S Performance Standards

No abstract provided.

Re Sisters Of Saint Martha And Caw, Local 2017, Innis Christie

Innis Christie Collection

The Grievor believes the Employer should apply the terms of the Labour Standards Code, instead of the less generous Collective Agreement, regarding holiday pay. The Employer paid holiday pay according to the Agreement and believes the grievance should be dismissed.

The grievance fails. The Code does not apply to the employees under the Agreement.

From International Law To Law And Globalization, Paul Schiff Berman

ExpressO

International law’s traditional emphasis on state practice has long been questioned, as scholars have paid increasing attention to other important – though sometimes inchoate – processes of international norm development. Yet, the more recent focus on transnational law, governmental and non-governmental networks, and judicial influence and cooperation across borders, while a step in the right direction, still seems insufficient to describe the complexities of law in an era of globalization. Accordingly, it is becoming clear that “international law” is itself an overly constraining rubric and that we need an expanded framework, one that situates cross-border norm development at the intersection …

Towards A Cosmopolitan Vision Of Conflict Of Laws: Redefining Governmental Interests In A Global Era, Paul Schiff Berman

ExpressO

It has now been ten years since the idea of global online communication first entered the popular consciousness. And while the internet has undoubtedly opened up new worlds of interaction and cooperation across borders, this increased transnational activity has also at times inspired parochialism, at least among the legislatures and courts of nation-states around the globe. Thus, we have seen a slew of national laws and court decisions purporting to regulate a wide variety of online activities, from gambling to chat rooms to auction sites, and seeking to enforce territorially based rules regarding trademarks, contractual relations, privacy norms, “indecent” content, …

Thieves In Cyberspace: Examining Music Piracy And Copyright Law Deficiencies In Russia As It Enters The Digital Age, Michael F. Mertens

ExpressO

The article discusses broadly the music piracy problem in Russia, the current state of Russia’s copyright laws, and how its laws and problems compare to the U.S. and the rest of the world. In particular, the article focuses on music piracy through the Internet and how it has exploded in Russia. One of the websites I target is the infamous Allofmp3.com, which has attracted a large amount of U.S. attention in recent times by consumers as well as lawmakers. The article analyzes the legislative and enforcement deficiencies in Russia that led to the enormous problem with traditional music piracy and …

Two Tweaks For The Taxation Of Social Security Benefits, Alan L. Feld

Faculty Scholarship

The ongoing public discussion of possible changes in the Social Security retirement system has largely ignored a small but significant aspect: The relationship between the retirement benefits paid and the federal income tax. Internal Revenue Code section 86 includes Social Security retirement benefits in the federal income tax base on a three-tier system. Individuals may exclude benefits from gross income, include them at 50 percent, or include them at 85 percent. Proposed legislation would repeal the top tier. Modification of section 86, to better accord with the proper measurement of income subject to tax, perhaps embodied in a larger "fix" …

Free Movement Of Goods: A Comparative Analysis Of The European Community Treaty And The North American Free Trade Agreement, Pedro A. Perichart

LLM Theses and Essays

The European Union is currently an economic union, which means that it has almost removed every internal barrier to trade, therefore achieving the free circulation of all factors of production (goods, services, capital, and persons) across the union. The North America Free Trade Agreement (“NAFTA”) establishes a free trade area, with the main purpose of eliminating tariffs among its members, and to some extent, reducing other non-tariff barriers to facilitate the cross-border movement of goods. Despite their differences, both regions seek to achieve certain degree of free movement when trading goods within their respective internal markets. This study will analyze …

Sorting Things Out—Which, That, Then, Than, When, Where, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The May 2005 column addressing "which" and "that" evoked a flurry of comments about additional issues. This column responds to the reader questions that column spawned.

Mid-Atlantic Ethics Committee Newsletter, Summer 2005

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Terrorism Risk In A Post-9/11 Economy: The Convergence Of Capital Markets, Insurance, And Government Action, Robert J. Rhee

Faculty Scholarship

September 11 changed the American economy and the global insurance market. The insurance industry no longer covers terrorism risk for "free." The traditional insurance mechanism alone cannot spread the risk of repeated catastrophic losses. Beyond the Terrorism Risk Insurance Act of 2002 lingers the questions of a longterm solution and government's role therein. Government can assume different roles: reinsurer, wealth (re)distributor, regulator, or a combination thereof. This article suggests that the government should foster a regulatory and tax environment in which the private sector can develop a capital market solution for terrorism risk. Securitization is an alternative to reinsurance and …

Breaking The Vicious Circularity: Sony's Contribution To The Fair Use Doctrine, Frank Pasquale

Faculty Scholarship

The fair use doctrine permits certain uses of copyrighted material that are unauthorized by the copyright holder. In 1984, the Supreme Court decided in Sony v. Universal Studios (Sony) that unauthorized home taping of television programs was a fair use of such programs. Decried by the dissent and frequently contested in ensuing cases, that decision sealed the majority's case that the videotape recorder was capable of substantial non-infringing uses and therefore legal.

In the twenty years since Sony, the dissent's skepticism about the fairness of time-shifting has gotten about as warm a reception in appellate courts as the majority's position. …

Law Library Annual Report 2004-2005, Georgia State University Law Library

Law Library Annual Reports

No abstract provided.

Environmental Law At Maryland, No. 21, Summer-Fall 2005

Environmental Law at Maryland

No abstract provided.