Law Commons^™

Nov. 23, 2005, A. Durbin, Foe, D. Hunter, Ciel, Cso Redline Edits Ps 3, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 23, 2005, Iucn, Comments On Final Draft Ifc Policy And Standards, Iucn

IFC E&S Performance Standards

No abstract provided.

Nov. 23 2005, A. Durbin, Foe, And D. Hunter, Ciel, Cso Redline Of Draft E&S Policy, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 23, 2005, A. Durbin, Foe, D. Hunter, Ciel, Cso Redline Ps 3, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 23, 2005, A. Durbin, Foe, D. Hunter, Ciel, Cso Redline Ps 4, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 23, 2005, A. Durbin, Foe, D. Hunter, Ciel, Cso Redline Ps 6, Ifc

IFC E&S Performance Standards

No abstract provided.

Wrongful Birth: The Courts' Dilemma In Determining A Remedy For A "Blessed Event", Michael Thomas Murtaugh

ExpressO

My article deals with the tort of wrongful birth. It is an action in negligence against a physician who failed to properly perform a sterilization or abortion procedure, after which an unplanned or unwanted child was born. My focus is on the damages that the plaintiff parents should recover from the tortfeasor based on the parents' purpose not to have the child.

Logan County, Kentucky - Court Records (Mss 144), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid and scans (Click on "Additional Files" below) for Manuscripts Collection 144. Name and subject index, and brief abstracts for miscellaneous Logan County, Kentucky court cases, 1789-1899. Original case files are in the archives of the Logan County Genealogical Society, Inc., Russellville, Kentucky.

Vol. 29, No. 12 (November 21, 2005)

Indiana Law Annotated

No abstract provided.

Spare The Rod, Spoil The Director? Revitalizing Directors' Fiduciary Duty Through Legal Liability, Lisa M. Fairfax

Faculty Scholarship

It appears that our society has tacitly agreed to spare corporate directors any significant legal liability—which includes both financial and incarceration—for failing to perform their duties as board members. Thus, over the last twenty years, there has been a virtual elimination of legal liability—particularly in the form of financial penalties—for directors who breach their fiduciary duty of care. This is true despite the fact that we entrust directors with the awesome responsibility of monitoring all of America's corporations as well as the officers and agents within those corporations. More surprisingly, this tacit agreement against legal liability for directors has persisted …

The Prophecies Of The Prophetic Jurist – A Review Of Selected Works Of Oliver Wendell Holmes, Jr., Kissi Agyebeng

Cornell Law School J.D. Student Research Papers

This is a review of the methodology and style of legal research of Oliver Wendell Holmes, Jr., focusing on the ideological and philosophical leanings that informed his scholarship. The review spans selected works of his undergraduate days through his mid-career writings and his representative opinions on the Supreme Judicial Court of the State of Massachusetts and the Supreme Court of the United States.

Nepa: Lessons Learned And Next Steps: Hearing Before The Task Force On Updating The National Environmental Policy Act Of The H. Comm. On Resources, 109th Cong., Nov. 17, 2005 (Statement Of Professor Robert G. Dreher, Geo. U. L. Center), Robert G. Dreher

Testimony Before Congress

No abstract provided.

Hearing On Merger Enforcement, Panel On Treatment Of Efficiencies Antitrust Modernization Commission, Jonathan Baker

Legislative Testimony & Comments

No abstract provided.

What Bush Wants To Hear, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Tracing, Peter B. Oh

ExpressO

Tracing is a method that appears within multiple fields of law. Distinct conceptions of tracing, however, have arisen independently within securities and remedial law. In the securities context plaintiffs must “trace” their securities to a specific offering to pursue certain relief under the Securities Act of 1933. In the remedial context victims who “trace” their misappropriated value into a wrongdoer’s hands can claim any derivative value, even if it has appreciated.

This article is the first to compare and then cross-apply tracing within these two contexts. Specifically, this article argues that securities law should adopt a version of the “rules-based …

Coddling Spies: Why The Law Doesn’T Adequately Address Computer Spyware, Alan F. Blakley, Daniel B. Garrie, Matthew J. Armstrong

Duke Law & Technology Review

Consumers and businesses have attempted to use the common law of torts as well as federal statutes like the Computer Fraud and Abuse Act, the Stored Wire and Electronic Communications and Transactional Records Act, and the Wiretap Act to address the expanding problem of spyware. Spyware, which consists of software applications inserted into another's computer to report a user's activity to an outsider, is as innocuous as tracking purchases or as sinister as stealing trade secrets or an individual's identity. Existing law does not address spyware adequately because authorization language, buried in "click-through" boilerplate, renders much of current law useless. …

Seeing Straight In The Workplace: An Examination Of Sexual Orientation Discrimination In Public Employment In The Aftermath Of Lawrence V. Texas, Devin A. Cohen

ExpressO

Title VII does not explicitly protect homosexual employees from sexual orientation discrimination and the courts have generally refused to bootstrap sexual orientation discrimination into Title VII as a form of gender discrimination. Therefore, homosexual employees have had to depend on their constitutional rights to protect them from their public employers’ sexual orientation discrimination. Traditionally, the courts have allowed public employers to discriminate against homosexual employees so long as the employers’ reasons were rationally related to legitimate business purposes.

I argue that the Supreme Court’s reasoning in Lawrence v. Texas forces future courts to question the reasonableness of employers’ rational bases. …

Transparency In Global Merger Review: A Limited Role For The Wto?, Keith R. Fisher

ExpressO

This article identifies certain problems faced by parties to transnational merger transactions in view of the global proliferation in recent years of competition (and, specifically, merger review) laws. After considering the pros and cons of merger remedies (both structural and behavioral) that may be offered to mitigate potentially anticompetitive effects and illustrating (through a case study of the GE/Honeywell transaction) the pitfalls of divergent market definition even as between two legal regimes employing substantially similar standards, the article reviews and critiques proposals for establishing a supranational competition authority under the aegis of the World Trade Organization. While rejecting the WTO …

Intellectual Property Rights In Virtual Environments: Considering The Rights Of Owners, Programmers And Virtual Avatars, Woodrow Barfield

ExpressO

A virtual environment is a computer-generated world that can be used for training, data visualization, recreation, and commerce. The visitors of virtual environments include not only humans but also virtual avatars. The avatars can take on a range of shapes, characteristics, and personalities, and can perform a variety of tasks within the virtual environment. As the behavior of avatars becomes more realistic, sophisticated and intelligent- and the avatars become more autonomous in their decision making, the question of whether virtual avatars should have legal rights separate from those of their owner, becomes an issue. This paper discusses legal rights associated …

Vol. 56, No. 6, November 15, 2005, University Of Michigan Law School

Res Gestae

•Professors Provide Powerful Exam Tips •Question on the Quad •Professor Herzog Talks Torts, Teaching, and Swift •Over 70 M-Law Students 'Get Arrested' With New Club •Academic Journals: Humanity's Only Hope? •Introducing the Poetry of Elizabeth Bishop •Abandon All Cell Phones, All Ye Who Enter •Jenny Runkles Photos •Three Years in the Life of 3L Section ABCD •2L Speaks Out on Gender, Grades, and Giving Hugs •Addiction Can be a Good Thing •On the Supreme Court, Love and Basketball •'Twas the Night Before Finals

Cityland – Vol. 2, No. 10, Center For New York City Law

CityLand - 2005

The November 2005 issue of CityLand covers a wide range of land use and preservation developments across New York City. The City Council rejected the landmark designation of the Jamaica Savings Bank in Queens, while approving the Far West Village rezoning and the landmarking of the Plaza Hotel’s interior rooms. A proposed rezoning in Bedford-Stuyvesant was denied due to concerns over job loss. Staten Island saw the elimination of commercial overlays in 21 areas. The Planning Commission approved the transfer of Admiral’s Row to the Brooklyn Navy Yard and began concurrent review of Columbia University’s expansion and Community Board 9’s …

Improving Legal Writing: A Life-Long Learning Process And Continuing Professional Challenge, Kathleen Elliott Vinson

Suffolk University Law School Faculty Works

This article shows why lawyers must improve their writing skills beyond law school, throughout their careers, and why the legal profession must join the legal academy in working to improve them. It offers recommendations that the legal profession can implement to combine efforts with academia to meet the challenge of improving legal writing. Academia and the legal profession agree that lawyers write poorly; however, how, when, and who should improve writing skills needs examination. For pragmatic and pedagogical reasons, a united effort between academia and the legal profession is required to meet the challenge of improving legal writing. Writing is …

Memory And Pluralism On A Property Law Frontier, Gregory Alan Hicks

ExpressO

This article explores the limits of legal victory and the problem of legitimacy of legal outcomes. It chronicles the decades-long dispute between Hispano settlers on northern New Mexico’s Sangre de Cristo land grant and the succession of entrepreneur owners of the grant in the last decades of the 19th century and the first decades of the 20th century. The dispute occurred on a legal and cultural frontier defined by the transition from Mexican to U.S. dominion in the years following the end of the Mexican War and by the opening of the region to larger scale economic development at the …

Wind Versus Water: Why 'Proximate Cause' Should Help, Not Hurt, Policyholders Who Seek Coverage For Hurricane Claims, Rhonda D. Orin

ExpressO

“Wind Versus Water: Why ‘Proximate Cause’ Should Help, Not Hurt, Policyholders Who Seek Coverage for Hurricane Claims” examines the clash between the “efficient proximate cause” doctrine of insurance law, which holds that coverage exists if the dominant cause of a loss is a covered peril, with the now-ubiquitous “anti-concurrent causation clauses” added to homeowners’ and business insurance policies, which exclude coverage for damages caused by a named event (such as flood) “regardless of any other cause or event that contributes concurrently or in any sequence to the loss.” The article reviews various state laws and court rulings that have placed …

Playing The Audit Lottery: The Role Of Penalties In The Us Tax Law In The Aftermath Of Long Term Capital Holding V. United States , Yoram Keinan

ExpressO

Tax motivated transactions have become a serious consideration for Congress in recent years. The concerns include the extent of loss of tax revenues, harm to the integrity of the tax system, and equity. Although these concerns are understandable, Judge Learned Hand stated many years ago that: “[A]nyone may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase one’s tax.” It is necessary, as this article will argue, to balance between the taxpayer’s right …

Vol. 29, No. 11 (November 14, 2005)

Indiana Law Annotated

No abstract provided.

Recent Developments In The Law Of The "Taking Issue", John C. Keene

ExpressO

No abstract provided.

Detection Avoidance, Chris William Sanchirico

ExpressO

In practice, the problem of law enforcement is half a matter of what the government does to catch violators and half a matter of what violators do to avoid getting caught. In the theory of law enforcement, however, although the state’s efforts at "detection" play a decisive role, offenders’ efforts at "detection avoidance" are largely ignored. Always problematic, this imbalance has become critical in recent years as episodes of corporate misconduct spur new interest in punishing process crimes like obstruction of justice and perjury. This article adds detection avoidance to the existing theoretical frame with an eye toward informing the …

Restorative Justice, Slavery And The American Soul, A Policy-Oriented Approach To The Question Of Slavery Reparations By The United States, Michael F. Blevins

ExpressO

This LL.M. Intercultural Human Rights thesis (May, 2005), awarded the best student paper prize for 2005 by the Institute of Policy Sciences at Yale University (in October, 2005), after analysing past and curent issues regarding the culture wars controversy of "reparations", proposes a specific process for establishing Truth and Reconciliation regarding the legacy of slavery in the United States. The proposal recommends commissions in each Federal judicial district under the supervision of a U.S. Slavery Justice and Reconciliation Commission (USSJRC), calling for "America's 21st Century Contract with Africa and African-Americans".

Medicare Advantage Snps: A New Opportunity For Integrated Care?, Christie Provost Peters

National Health Policy Forum

Medicare Advantage special needs plans (SNPs) are a new type of coordinated care plan established by the Medicare Prescription Drug, Improvement and Modernization Act. SNPs were created to encourage greater access to Medicare managed care for certain special needs populations: the institutionalized, persons dually eligible for Medicare and Medicaid, and the chronically ill. Some view SNPs as a new opportunity to integrate acute and long-term care services as well as Medicare and Medicaid financing. Others, however, question the degree to which full integration will become a widespread reality. This issue brief examines the SNP option and the promises and challenges …