Law Commons^™

Just Compensation And The Seller's Paradox, Nathan Burdsal

Brigham Young University Journal of Public Law

No abstract provided.

Did The Sky Really Fall? Ten Years After California's Proposition 209 , Eryn Hadley

Brigham Young University Journal of Public Law

No abstract provided.

That Land Is Your Land, This Land Is My Land … Until The Local Government Can Turn It For A Profit: A Critical Analysis Of Kelo V. City Of New London, Sonya D. Jones

Brigham Young University Journal of Public Law

No abstract provided.

Damaged Goods: Why, In Light Of The Supreme Court's Recent Punitive Damages Jurisprudence, Congress Must Amend The Federal Rules Of Evidence, Michael S. Vitale

Vanderbilt Law Review

Since the 1980s, a wide range of courts and commentators have expressed concern over large punitive damages awards handed out by civil juries against a wide array of tortfeasors. A late 2001 study revealed that from 1985 to 2001, eight multi-billion dollar punitive damages awards were granted, with four of them being handed down in the years 1999 to 2001 alone.' Not surprisingly, all but one of these verdicts were handed down against large corporations. Among the current members of the U.S. Supreme Court, Justice John Paul Stevens in particular has regularly noted the especially dangerous tendency the current punitive …

Toward A New Federalism In State Civil Justice: Developing A Uniform Code Of State Civil Procedure Through A Collaborative Rule-Making Process, Glenn S. Koppel

Vanderbilt Law Review

There is a sense of "deja vu" to the vision of a uniform body of state procedural law applicable in every state court throughout the nation. "Swift v. Tysons'" dream of a nationally uniform body of state substantive common law that mirrored an evolving body of uniform federal common law never materialized because state courts refused to defer to federal common law, which was applied only in federal court. Swift itself was overturned in 1938 by the Supreme Court's ruling in "Erie Railroad v. Tompkins" that federal courts must defer to the substantive lawmaking authority of state courts. But almost …

Sita's Trousseau: Restorative Justice, Domestic Violence, And South Asian Culture, Rashmi Goel

Sturm College of Law: Faculty Scholarship

This article focuses on the particular cultural factors that affect South Asian women who are abused and immigrant South Asian women who are abused, in particular, in the restorative justice process. By exploring cultural practices and the icon of Sita, the mythological heroine of the Ramayana, this article demonstrates how the South Asian ideals of womanhood and wifehood help to create a mind-set whereby South Asian women are reluctant to advocate for themselves and are reluctant to leave. Such a condition is contrary to the conditions and abilities assumed by the restorative justicemovement for dispute resolution, inside or outside of …

Hmos Behind Bars: Constitutional Implications Of Managed Health Care In The Prison System, Richard Siever

Vanderbilt Law Review

In 1991, the Correctional Corporation of America (CCA) entered into a contract with the State of Tennessee to house and treat state prisoners at CCA facilities. In response to increased costs, CCA negotiated a contract with a physician to be the exclusive provider of medical services for one of its facilities. Essentially, this contract formed a managed health care system: the doctor's payment structure included a base salary, but it also incorporated financial incentives that could increase his overall compensation if he were to provide less care to inmates.

Later, Anthony Bowman, a prison inmate with sickle cell anemia, died …

Interstate Commerce And Interstate Endangered Species: The Controversy And The Need For Compromise, Paul Ziel

Brigham Young University Journal of Public Law

No abstract provided.

Awakening A Slumbering Giant: Georgia's Judicial Selection System After White And Weaver, Camille M. Tribble

Mercer Law Review

Judicial selection, no matter its format, is an inherently political process. In the broadest analysis, judges are selected either directly by a popular election or indirectly by an executive branch appointment. The President of the United States appoints federal judges with the advice and consent of the Senate. In keeping with the states' role as the laboratories of democracy, judicial selection varies widely from state to state. In Georgia, judges are elected in nonpartisan elections along with the general primaries in even-numbered years. In particular, the Georgia Constitution grants the governor the power to appoint a judge when a judgeship …

Freedom Of Thought, Offensive Fantasies And The Fundamental Human Right To Hold Deviant Ideas: Why The Seventh Circuit Got It Wrong In Doe V. City Of Lafayette, Indiana, Clay Calvert

The University of New Hampshire Law Review

[Excerpt] “A precarious balance and considerable tension exists between two competing legal interests – the essential, First Amendment-grounded human right to freedom of thought, on the one hand, and the desire to prevent harm and injury that might occur if thought is converted to action, on the other. To understand this tension, it is useful to start by considering three different and disturbing factual scenarios.

This article examines and critiques the majority opinion of the Seventh Circuit Court of Appeals in City of Lafayette. The majority held that the city’s ban of John Doe, a convicted sex offender, from its …

Hide It Or Unbundle It: A Comparison Of The Antitrust Investigations Against Microsoft In The U.S. And The E.U., Sue Ann Mota

The University of New Hampshire Law Review

[Excerpt] "Microsoft Corporation, the world’s largest software company, has been facing antitrust scrutiny globally. In the U.S., after what’s been called the antitrust trial of the century, a consent decree was reached between Microsoft, the United States government, and several states, that closely resembled the litigated remedy that the remaining states received. Only Massachusetts appealed the litigated remedy, which was approved by the appeals court on June 30, 2004. In the United States, Microsoft was required to hide, but not remove, the Internet Explorer browser on the Windows Operating System. While antitrust litigation was ongoing in the United States against …

May 2005, Dfid, Comments Of The Uk's Dfid On Ifc Safeguards Rev, Ifc

IFC E&S Performance Standards

No abstract provided.

Introduction To Transnational Law: What Is It - How Does It Differ From International Law And Comparative Law, Charlotte Ku

Penn State International Law Review (1982 - 2011)

No abstract provided.

Locke V. Davey: The Fine Line Between Free Exercise And Establishment, Brett Thompson

Mercer Law Review

In Locke v. Davey, the United States Supreme Court held that a state-sponsored scholarship program that excluded students who were majoring in devotional theology did not violate the Free Exercise Clause of the United States Constitution. The Court's holding left a great deal of uncertainty on when states may withhold benefits on the basis of religion.

Court Review: Volume 42, Issue 1 - The Resource Page: Focus On Electronic Discovery

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 42, Issue 1 - Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 42, Issue 1 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 42, Issue 1 - Judicial Accountability, Fairness, And Independence, Roger K. Warren

Court Review: Journal of the American Judges Association

Much attention has focused of late on unfair attacks on judges leveled in nominal pursuit of greater judicial accountability. In response to the refusal of the federal courts to intervene in the Terry Schiavo case, for example, House Majority Leader Tom DeLay angrily declared that Congress has for many years “shirked its responsibility to hold the judiciary accountable.”

Court Review: Volume 24, Issue 1 - Recent Criminal Decisions Of The United States Supreme Court: The 2004-2005 Term, Charles H. Whitebread

Court Review: Journal of the American Judges Association

The 2004-2005 Term of the Supreme Court off e red no blockbuster rulings. Nonetheless, in what turned out to be the final year for the Rehnquist Court, there were ru lings of note on topics ranging from securities fraud to sentencing guidelines. In one case, the Court looked to foreign law as a model for determining whether to prohibit the death penalty as a sentence for juvenile criminal offenders. It will be interesting to see, with changes in the Court’s membership, whether this trend to look toward foreign law in constitutional or other criminal cases continues. In this article, I …

Court Review: Volume 42, Issue 1 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 42, Issue 1 - President’S Column, Michael Cicconetti

Court Review: Journal of the American Judges Association

The first 90 days of my term as president of the American Judges Association have had me criss-crossing this country to attend various judicial and court-related conferences. Family, friends, and colleagues constantly pester me on my fortunes as a frequent traveler. However, the reality of traveling is rushing to the airport, long and nervous waits in security lines, subjecting one’s self to non-consensual search and seizure, capacity-filled airplanes with cramped seats, awful microwaved hamburgers, delayed flights, irritable taxi drivers, foreign-speaking intern reservation clerks at the hotel, mini-bars, and “Save the World” notes about reusing your linens and towels. Oh yes, …

Court Review: Volume 42, Issue 1 - Judicial Responses To An Aging America, Max B. Rothman, Burton Dunlop

Court Review: Journal of the American Judges Association

In 2000, the authors published a book titled Elders, Crime, and the Criminal Justice System: Myth, Perceptions, and Reality in the 21st Century, in which several chapters were devoted to older adults’ interactions with the court system.1 Those chapters revealed that these interactions could be highly problematic for elders. In follow-up, this article is based on a project designed to address the overarching issue of whether and how judicial systems in the United States ensure that older adults (60 and older) are provided effective access to the courts, including both civil and criminal jurisdictions.2 In order to accomplish this …

American Review: Volume 42, Issue 1 - Dwi Courts: The Newest Problem-Solving Courts, Victor E. Flango

Court Review: Journal of the American Judges Association

Problem-solving court s — m o re accurately, specialized dockets—are established to deal with problems that may benefit from focused and sustained attention. These courts include a treatment component in an effort to reduce recidivism, which in turn reduces the number of future arrests, prosecutions, and court cases.

Specialized drug courts appeared in the late 1980s in response to the dramatic increase in drug offenses. Some drug courts, often referred to as “drug-treatment courts,” emphasize treatment as the way to reduce recidivism. Essential elements of drug courts include: (1) immediate intervention; (2) nonadversarial adjudication; (3) hands-on judicial involvement; (4) treatment …

Impossible Subjects: Illegal Aliens And Alien Citizens, Leti Volpp

Michigan Law Review

America is a nation of immigrants, according to our national narrative. This is the America with its gates open to the world, as well as the America of the melting pot. Underpinning this national narrative is a very particular story of immigration that foregrounds the inclusion of immigrants, rather than their exclusion. Highlighted in this story is the period before 1924, of relatively unfettered European immigration, and the period after 1965, post the lifting of national origins quotas. Also underlying this national narrative is a particular story about what happens once immigrants enter. In this story the immigrant traverses smoothly …

Apprendi's Limits, R. Craig Green

University of Richmond Law Review

No abstract provided.

Rebooting Cybertort Law, Michael L. Rustad, Thomas H. Koenig

Washington Law Review

Cyberspace provides an ideal legal environment for tortfeasors and online criminals because Internet Service Providers (ISPs) have no duty to mitigate harms caused by ongoing torts, crimes, and infringing acts. Courts have stretched Congress's express language in § 230 of the Communications Decency Act from the narrow purpose of immunizing ISPs as publishers to the expanded purpose of shielding them from all tort liability. This Article proposes imposing a limited duty of care on ISPs to remove or block ongoing tortious activities on their services when they have been given actual notice. This reform will harmonize American ISP liability law …

Exhausted With The Judiciary: Deferential Oversight And The Need For Certainty In An Uncertain Time: Rasul V. Bush, 124 S.Ct. 2686(2004), Adam J. Gentile

University of Dayton Law Review

No abstract provided.

A New Progressivism, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Based on an address for a conference on Law and Transformation in South Africa, this paper explores problems with two twentieth-century approaches to government: the way of markets and the way of planning. It urge that the New Progressivism simultaneously offers (1) a distinctive conception of government’s appropriate means, an outgrowth of the late-twentieth-century critique of economic planning, and (2) a distinctive understanding of government’s appropriate ends, an outgrowth of evident failures with market arrangements and largely a product of the mid-twentieth-century critique of laissez faire. It emphasizes the need to replace bans and commands with appropriate incentives, and to …

Administrative Law Goes To War, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

What are the President's war-making powers? This essay, a brief reply to an article by Curtis Bradley and Jack Goldsmith, contends that the answer lies in administrative law, at least in the first instance. The President's authority often depends on what Congress has said, and under established principles, the President has a great deal of power to interpret ambiguities in congressional enactments – in war no less than in peace. The principal qualifications involve interpretive principles, also found in administrative law, that call for a narrow construction of presidential authority to invade constitutionally sensitive interests. The relevant arguments are illustrated …

Property, Natural Monopoly, And The Uneasy Legacy Of Ins V. Ap, Douglas G. Baird

Coase-Sandor Institute for Law & Economics Research Paper Series

International News Service v. Associated Press held that a wire service had the right to prevent rivals from copying its bulletin. It established the doctrine of misappropriation and justified it on the ground that someone that invests in gathering and disseminating information is entitled to the fruits of its labor. The Supreme Court, however, missed the strong anti-competitive undercurrents in the case. INS and AP were not conventional rivals. The most important AP member (and the person who stood to gain the most from AP’s anticompetitive activities) also owned INS. Far from being about first principles, the case illustrates how …