Law Commons^™

Changes In Administrative Agency And Legal Practice In South Carolina Following State V. Peake, Jared Q. Libet

South Carolina Law Review

No abstract provided.

Simmons V. Greenville Hospital: An Unusually Stringent Rule Against Retroactive Legislation, Richard W. Miller

South Carolina Law Review

No abstract provided.

Collins Entertainment Corp., V. Coats & Coats Rental Amusement Opens The Door For Lost Volume Sellers, But Does Not Fully Invite Them In: An Examination Of The Adoption Of The Lost Volume Seller Doctrine In South Carolina, W. H. Mcangus Jr.

South Carolina Law Review

No abstract provided.

South Carolina Or South Central? Proposing Comprehensive Criminal Gange Prevention Legislation For The Palmetto State, Jay T. Thompson

South Carolina Law Review

No abstract provided.

Bad Faith Refusal To Pay Disability Benefits: Should South Carolina Courts Permit Recovery Of Future Policy Benefits?, Phoebe N. Coddington

South Carolina Law Review

No abstract provided.

Class Actions In Brazilian Law: General Aspects, Evolution And Some Controversies, Humberto Dalla Bernardina De Pinho

Connecticut Journal of International Law

The aim of this work is to present an overview of collective protection in Brazilian law, along with its basic procedural rules and polemical issues. First of all, it should be acknowledged that this is still a somewhat new theme, insofar as the first Brazilian law to systematize it dates from 1985 (Federal Law No. 7,347, of July 24, 1985 - disciplines the public civil lawsuit for damages caused to the environment, the consumer and goods and rights of artistic, aesthetic, historical, touristic or natural value, and takes other measures), whereas in other legal systems, such as the English or …

Making Today's Drugs Affordable For All While Boosting Breakthrough Research: A Few Lessons From The Arguments Over Importing Drugs From Canada, Alan Sager

Connecticut Journal of International Law

No abstract provided.

F. Hoffman-Laroche, Ltd. V. Empagran And The Extraterritorial Limits Of United States Antitrust Jurisdiction: Where Comity And Deterrence Collide, Siddharth Fernandes

Connecticut Journal of International Law

In deciding F. Hoffinan-LaRoche, Ltd. v. Empagran,' the Supreme Court clarified the extraterritorial limits of U.S. antitrust jurisdiction. Eschewing its own broader jurisdictional interpretation in Hartford Fire Insurance Co. v. California,2 as well as those of the Second and D.C. Circuits, the Court opted for a narrower interpretation giving considerable weight to international comity considerations. This note looks to define the current extraterritorial limits of U.S. antitrust law as outlined by the Court's recent decision in Empagran. First, the note will briefly explore the reasoning behind extraterritorial antitrust jurisdiction as well as the Foreign Trade and Antitrust Improvements Act ("FTAIA") …

Bringing Space Law Into The Commercial World: Property Rights Without Sovereignty, Henry R. Hertzfeld, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

International agreements declare that no government can claim outer space or celestial bodies in outer space as its own. Private firms seeking to invest in potential space enterprises frequently point to these provisions as a major barrier to the future commercial development of space. Such businesses contend that the absence of property rights prevent them from obtaining external financing, hinder the protection of their investments in space, and deprive them of the assurance that they can appropriate income from their investment. In short, the lack of sovereignty in space jeopardizes the ability to make profits from private investment.

This article …

Rules For A New Game: Finding A Workable Solution For Applying Class Actions To The Arbitration Process, Andrew Remy Norton

Journal of Dispute Resolution

In 2003, the Supreme Court's decision in Green Tree Financial Corp. v. Bazzle, indicated that class-wide arbitration was permissible. As a result the number of cases of class-wide arbitration is likely to increase. Because of the few courts that have actually employed class-wide arbitration it has not been definitively settled as to how the hybrid procedure should be conducted. One school of thought emphasizes the class members' due process rights, while another argues that maintaining the integrity of the arbitration process should be a priority. This casenote analyzes the two separate theories and attempts to devise a workable solution for …

The Right To Participate And The Right To Know In Montana, Fritz Snyder

Montana Law Review

The Right to Participate and the Right to Know in Montana

Love Or Confusion? Common Law Marriage, Homosexuality And The Montana Supreme Court In Snetsinger V. Montana University System, Cassie Coleman

Montana Law Review

Snetsinger v. Montana University System

Recent Decisions Affecting The Montana Practitioner

Montana Law Review

Recent Decisions Affecting the Montana Practitioner

Empirical Measures Of Judicial Performance: An Introduction To The Symposium, Jim Rossi, Steven G. Gey

Vanderbilt Law School Faculty Publications

Inspired by the burgeoning empirical literature on the judiciary, the editors of the Florida State University Law Review have solicited some papers from leading scholars and federal courts of appeals judges, asking them to address the topic of empirical measures of judicial performance. The papers in this "Symposium on Empirical Measures of Judicial Performance" address empirical measures of judicial performance from a variety of methodological perspectives, but as this Foreword suggests, they can roughly be organized around three basic themes. First, many of the papers critique the empirical enterprise itself and especially the tournament strategy for evaluating judges, although these …

The Purpose Of Copyright Law In Canada, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

IN THREE RECENT CASES, the Supreme Court of Canada provided several pieces of the Canadian copyright policy puzzle. We now know that the economic purpose of copyright law is instrumentalist in nature, namely, to ensure the orderly production and distribution of, and access to, works of art and intellect. The Court added that copyright can not enter carelessly into the private sphere of individual users. By targeting end-users in recent lawsuits, copyright holders have also found out that it is difficult to enforce a right that has not been properly internalized. After reviewing the Supreme Court trilogy of cases, the …

Jury Sentencing In Non-Capital Cases: Comparing Severity And Variance With Judicial Sentences In Two States, Nancy J. King, Rosevelt L. Noble

Vanderbilt Law School Faculty Publications

Recently, commentators have championed sentencing byjury as more democratic and better suited to current theories of punishment than sentencing by judge alone. Yet discussions of noncapitaljury sentencing either fail to address empirical questions or rely on outdated and incomplete studies. This study is the first to present basic information on the comparative severity and variance of jury and judge sentencing as practiced in the 21st century. We use archival sentencing data from two of the six states that authorize jury sentencing-Arkansas and Virginia. In both states, voluntary sentencing guidelines govern judicial sentencing after bench trial or guilty plea, but juries …

Mental Disorder As An Exemption From The Death Penalty: The Aba-Irr Task Force Recommendations, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The Task Force on Mental Disability and the Death Penalty (Task Force) established by the Individual Rights and Responsibilities Section of the American Bar Association (ABA-IRR) has proposed that the ABA adopt three recommendations concerning the role of mental disability in capital cases. The first two recommendations call for a prohibition on execution of offenders whose mental disorder rendered them less culpable at the time of the offense, and the third would prohibit execution of those whose mental disability currently renders them incompetent to pursue appeals or to be executed. This Article discusses the first two, culpability-related, recommendations. With respect …

Reclaiming Fundamental Principles Of Criminal Law In The Darfur Case, George P. Fletcher, Jens David Ohlin

Cornell Law Faculty Publications

According to the authors, the Report of the UN Commission of Inquiry on Darfur and the Security Council referral of the situation in Darfur to the International Criminal Court (ICC) bring to light two serious deficiencies of the ICC Statute and, more generally, international criminal law: (i) the systematic ambiguity between collective responsibility (i.e. the responsibility of the whole state) and criminal liability of individuals, on which current international criminal law is grounded, and (ii) the failure of the ICC Statute fully to comply with the principle of legality. The first deficiency is illustrated by highlighting the notions of genocide …

Working Borders: Linking Debates About Insourcing And Outsourcing Of Capital And Labor, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

Judicial Selection By The Numbers, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Class Schedule - Summer 2005, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Accountability Of Transnational Corporations Under International Standards, Lea Hanakova

LLM Theses and Essays

Due to the process of globalization and rapid economic evolution in the last several years, transnational corporations have become extremely powerful. There is an evident disproportion between the numerous rights enjoyed by transnational corporations and the scarce obligations undertaken by them. Given their transnational nature, transnational corporations have been successfully avoiding national regulations of both their home and host states, and they are seeking to operate in countries with the lowest standards so as to increase their profits. This has resulted in the violation of basic human rights. Therefore, there is an increasing need for the creation of international instruments …

Plea Bargaining At The Hague, Julian A. Cook

Scholarly Works

Plea bargaining has come to The Hague. For most of its existence, the International Criminal Tribunal for the Former Yugoslavia (ICTY) shunned plea bargains. However, under pressure from United Nations member states and the impending deadline for the resolution of its caseload, the ICTY has increasingly relied on plea bargains in recent months. This Article exposes the deficiencies in guilty plea procedures at The Hague, particularly those designed to assess whether a plea is fully informed and voluntary. In a series of case studies, the Article argues that judicial questioning techniques have exploited the vulnerable state of defendants appearing before …

Miranda And Reasonableness, Peter B. Rutledge

Scholarly Works

Last term's decisions in Yarborough v. Alvarado and Missouri v. Seibert shed important light on the state of the Miranda doctrine in the Supreme Court. In Yarborough, a slim majority held that a state appellate court's failure to consider a defendant's age and history of contact with law enforcement in its “custody” determination was not “contrary to” or an “unreasonable application of” clearly established Supreme Court case law. In Seibert, a fractured majority affirmed the Missouri Supreme Court's decision to exclude a defendant's confession where police officers strategically withheld a suspect's Miranda rights at the outset of a …

Torts In Verse: The Foundational Cases, R. Perry Sentell Jr.

Scholarly Works

This Article contains a "verse," "rhyme," or "poem" for each of the truly foundational cases ordinarily studied in first year Torts. The arrangement assumes a typical Torts casebook's order of presentation, but is fairly flexible. Each entry initially sketches the selected case's significance to the body of Tort law and then follows with the verse. The "rhymes" themselves are admittedly (indeed, intentionally) contrived and pedantic, seeking to elicit groans--but hopefully groans of recognition and familiarity. Ideally, the student will most "enjoy" a verse while reading and studying the case itself; indeed, some verse references make little sense otherwise.

O'Connor Retirement Creates “High Drama,” Says Illinois Wesleyan Political Scientist, University Communications, Illinois Wesleyan University

News and Events (Discontinued Series)

No abstract provided.

Peter W. Van Arsdale On This Place Will Become Home: Refugee Repatriation To Ethiopia By Laura C. Hammond. Ithaca, Ny: Cornell University Press, 2004. 257pp., Peter W. Van Arsdale

Human Rights & Human Welfare

No abstract provided.

Kathleen J. Hancock On Breaking Silence, The Case That Changed The Face Of Human Rights By Richard Alan White. Washington, Dc: Georgetown University Press, 2004. 320pp., Kathleen J. Hancock

Human Rights & Human Welfare

No abstract provided.

Poverty And Communitarianism: Toward A Community Based Welfare System, Michele E. Gilman

All Faculty Scholarship

This Article analyzes how communitarian political theory addresses poverty and impacts American social welfare programs. For several decades, communitarian and liberal philosophers have debated how best to achieve justice through their competing notions of personhood. Whereas liberal theorists stress the values of individual autonomy and state neutrality, communitarians assert that people are socially constituted and that liberalism therefore pays too little attention to the value of community. Yet despite their attempts to articulate a superior form of justice, communitarian theorists either ignore or misunderstand issues related to poverty, as this Article explains. Nevertheless, their insights are helpful in thinking about …

An Honest Approach To Plea Bargaining, Steven P. Grossman

All Faculty Scholarship

In this Article, the author argues that differential sentencing of criminal defendants who plead guilty and those who go to trial is, primarily, a punishment for the defendant exercising the right to trial. The proposed solution requires an analysis of the differential sentencing motivation in light of the benefit to society and the drawbacks inherent in the plea bargaining system.