Law Commons^™

Nov. 2005, Unauthored (D.Hunter), Cso Specific Issues In Policy And Pss, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 2005, Unauthored, Cso Comments On Ps 4 Community Health And Safety, Ifc

IFC E&S Performance Standards

No abstract provided.

Clark Memorandum: Fall 2005, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Looking Ahead (Scott M. Matheson, Jr.)
• Three Assumptions Lawyers Must Never Make (Brett G. Scharffs)
• Religious Doctrine and the Language of the Law (Derek P. Pullan)
• Faithful Sacrifice (Constance K. Lundberg)

Nov. 2005, M. Miranda, Wwf, Cso Emails Re Ps6 Redline, Marta Miranda, Jon Sohn, Andrea Durbin, Fergus Mackay

IFC E&S Performance Standards

No abstract provided.

Nov. 2005, Unauthored, Cso Comments On Ps 4 Community Health And Safety, Ifc

IFC E&S Performance Standards

No abstract provided.

The Human Face Of Resource Conflict: Property And Power In Nigeria, Karol C. Boudreaux

San Diego International Law Journal

This paper considers possible answers to these difficult questions by focusing on two issues: the evolution of legal norms in response to both endogenous and exogenous changes, and the role that African customary law and indigenous dispute resolution has played in promoting coordination and cooperation among group members, thereby reducing violent conflict. This paper explores legislative actions taken by the Nigerian government that impede the continued evolution of these relatively elastic customary legal norms. Property norms under customary Nigerian law were flexible enough to provide a wide variety of property rights and allow for the peaceful trading and reasonable protection …

Conflicts Diamonds: U.S. Responsibility And Response, Edward R. Fluet

San Diego International Law Journal

This Article will examine U.S. and international efforts to combat the trade in conflict diamonds. Specifically, this article will detail their failures and examine the need for U.S. backed legislation to prevent the conflict diamond trade more effectively. This article proceeds as follows: Part I will examine the effect of the conflict diamond trade on those caught in the grip of civil war and terrorism. Part II will analyze international efforts to curtail conflict diamonds trade, specifically examining international support of the Kimberley Process. Part III and IV will examine the United States'efforts to regulate conflict diamonds and the inherent …

Motions 2005 Volume 41 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Rethinking Place Of Business As Choice Of Law In Class Action Lawsuits, Allison M. Gruenwald

Vanderbilt Law Review

In the past century, businesses have come to operate on a national and often global level. In the past century, the United States has seen an enormous nationalization and even globalization of business. As a result, the actions of a single company increasingly have the potential to affect people far beyond the boundaries of that company's home state. When one or a few companies injure large numbers of consumers across the country, aggregate litigation (namely the class action lawsuit) becomes an especially attractive remedy. Aggregating claims allows plaintiffs to save time and money and may also enable them to present …

Perspectives On Decisionmaking From The Blackmun Papers: The Cases On Arbitrability Of Statutory Claims, Ellen E. Deason

Missouri Law Review

Judges' decisions must rank among the most documented types of decisionmaking. At the appellate level, in particular, the arguments made to judges are a matter of record and the decisions are recorded in written opinions that provide a reasoned explanation. Yet there are many unknowns about this decisionmaking process. This article draws on information found in the Blackmun Papers collection at the Library of Congress to explore Supreme Court decisionmaking as illustrated in the series of cases that opened the door to welcome arbitration of statutory claims. I The cases brought about the weakening and eventual abrogation of a long-standing …

No More Russian Roulette: Chapter 13 Cram-Down Creditors Take A Bullet, Jon W. Jordan

Missouri Law Review

Until the United States Supreme Court's decision in Till v. SCS Credit Corp., secured creditors in Chapter 13 bankruptcy cases likely viewed the forced acceptance of a debtor's Chapter 13 repayment plan as a high-stakes game of chance. Prior to this decision, the interest rate applied to the deferred payments to "cram-down" creditors varied dramatically, depending upon the jurisdiction in which the debtor filed bankruptcy and the broad discretion of the bankruptcy court judge. However, by misinterpreting the legislative intent of Congress, the Supreme Court adopted a standard that will consistently under-compensate creditors. Suddenly, secured creditors' high-stakes game of chance …

Vol. 56, No. 5, November 1, 2005, University Of Michigan Law School

Res Gestae

•A Half-Hour With Prof. Horwitz •Editorial: Move Your Lunch or Lose It •Question on the Quad •Fear No Evil in Campus of the Dead •Introducing the Poetry of James Merrill •Halloween Party Photos •BLSA Date Auction Photos •When Did I Become Grandpa? •Lonely Litigants Looking for Love, Liability •An Immodest Proposal: Or, Against Socratism •Letter to the Editor

Water And Wastewater Systems In New Mexico: A Statutory Review And Comparison, Utton Transboundary Resources Center, Office Of The State Engineer, Institute Of Public Law (Ipl) Unmsol

Publications

No abstract provided.

Proportionality As A Principle Of Limited Government, Alice Ristroph

Faculty Scholarship

No abstract provided.

Frugal And (Sometimes) Wrong, Cass R. Sunstein

Public Law and Legal Theory Working Papers

Do moral heuristics operate in the moral domain? If so, do they lead to moral errors? This brief essay offers an affirmative answer to both questions. In so doing, it responds to an essay by Gerd Gigerenzer on the nature of heuristics, moral and otherwise. While focused on morality, the discussion bears on the general debate between those who emphasize cognitive errors, sometimes produced by heuristics, and those who emphasize the frequent success of heuristics in producing sensible judgments in the real world. General claims are that it is contentious to see moral problems as ones of arithmetic, and that …

Taking Your Case To The Court Of Public Opinion – Strategic, Legal And Ethical Implications Conference, Geoffrey C. Hazard Jr., C. Ronald Ellington, Lonnie T. Brown, David L. Balser, Sally Yates, Peter Canfield, Bruce Harvey, Paul Butler, Joseph Gladden, Larry D. Thompson, Robert Rothman, Linda Disantis, Kenneth Canfield, Adam Liptak

Conferences and Symposia to 2010

During the daylong conference, judges, lawyers and members of the news media debated the professional and moral consequences of discussing legal cases with the media.

Lifting The Veil: Justice Blackmun's Papers And The Public Perception Of The Supreme Court, Tony Mauro

Missouri Law Review

The starting point of any discussion of the public perception of the United States Supreme Court is the liklihood that no public perception exists. By and large, the Supreme Court operates at the very outer edges of public awareness; for years, polls have indicated that many more Americans know the names of the three Stooges than any three Supreme Court justices.

Tales From The Blackmun Papers: A Fuller Appreciation Of Harry Blackmun's Judicial Legacy, Joseph F. Kobylka

Missouri Law Review

Even after he leaves the Court, a Justice remains part of the orchestra. Those who succeed him may not copy his style, but often play within the same melodic and rhythmic structures. Justice Blackmun himself, over the course of preparing his Roe and Doe opinions, eventually fell into the structures put in place in cases ranging from Union Pacific Railway Co. v. Botsford to Stanley v. Georgia. The Justices he left behind did much the same with Roe and, more significantly, Bowers. The Court's decision in Planned Parenthood of Southeastern Pennsylvania v. Casey represented a partial "victory" for Justice Blackmun, …

Preface, R. Kennon Poteat

University of Richmond Law Review

No abstract provided.

Reflections: The Honorable Robert R. Merhige, Jr., Gerald L. Baliles

University of Richmond Law Review

No abstract provided.

Civil Practice And Procedure, John R. Walk, Michael R. Spitzer Ii

University of Richmond Law Review

This article will summarize recent developments of interest to practitioners handling civil cases in the courts of the Commonwealth of Virginia. Specifically included are relevant decisions of the Supreme Court of Virginia dating from opinions announced on June 10, 2004 to those announced on April 22, 2005; changes to the Rules of the Supreme Court of Virginia announced during the same time period; and legislation enacted by the Virginia General Assembly at its 2005 Session, effective July 1, 2005.

Museletter: November/December 2005, Caroline L. Osborne

Museletter

This Issue:

The Patriot Act, by Joyce Manna Janto

Ten Tried and True Tips for Exams

Law at the Movies: Separate Lies by Gail Zwirner

First Force, William A. Edmundson

Faculty Publications By Year

No abstract provided.

Brief In Opposition - Lummi Nation V. Samish Indian Tribe, Docket No. 05-445 (546 U.S. 1090 (2006))

Lummi Nation v. Samish Indian Tribe, Docket No. 05-445 (546 U.S. 1090 (2006))

No abstract provided.

Politics And Judgment, Suzanna Sherry

Missouri Law Review

Two hundred years after its most famous invocation in Marbury v. Madison, judicial review has apparently lost its luster. Despite its global spread, it is in disrepute in its country of origin. The mainstream American academic attitude toward judicial review as practiced by the modem Supreme Court ranges from open hostility to a position similar to Winston Churchill's on democracy: It is the worst way to implement a Constitution, except for all the rest. In this essay, I want to explain the source of the hostility, defend judicial review against its critics, and make a few suggestions for improvement.

Monastic Life Of A Federal Distric Judge, The, Colleen Mcmahon

Missouri Law Review

There is no one on earch more monk-like than a federal district judge. As a result, there is no one on earth who more surely needs to have some understanding of core monastic virtures in order to do the job well.

Revelations From The Blackmun Papers On The Development Of Death Penalty Law, Martha Dragich Pearson

Missouri Law Review

Justice Blackmun's legacy is strongly linked to two issues - abortion and capital punishment. Blackmun's opinions in these controversial areas account for much of the notion that his ideology changed while on the Court. Participants in this Symposium have reflected on these and other areas where Justice Blackmun left his mark on American law. Professor Deason explores the arbitrability cases and shows that the Court struggled - and Justices changed their minds - even in connection with relatively technical legal issues arising in non-controversial commercial contexts. One reason the Court struggles with some issues is that legal standards are (or …

Justice Harry Blackmun And The Phenomenon Of Judicial Preference Change, Theodore W. Ruger

Missouri Law Review

We are fond of putting our judges into neat adjectival boxes, particularly when they sit on the Supreme Court. These typologies often reflect perceived attitudinal or ideological preferences; some Justices are called "liberal" or "conservative" or "moderate," or occasionally some hyphenated combination thereof. Or the labels might seek to capture variations in jurisprudential philosophy or method, such as "formalist," "pragmatist," "originalist," "textualist," or "minimalist." No Justice is immune from this classification game, and the subject of this symposium is an apt example. From the moment of his nomination by President Nixon in 1970, Harry A. Blackmun attracted a bevy of …

Did Roe V. Wade Pass The Arbitrary And Capricious Test, Daniel A. Farber

Missouri Law Review

Justice Blackmun sat on 3,653 cases during his twenty-four terms on the Supreme Court, yet he will surely be best remembered for his role in one case, Roe v. Wade. Seldom has a judicial decision been more controversial. True, many opinions are harshly criticized. But the criticisms of Roe were distinctive. According to critics, Roe was not merely bad law, in some sense it was not law at all. One particularly outspoken critic recently calls Roe "perhaps the most indefensible 'constitutional' decision ever reached by this Court to date' as well as "manifestly and atrociously contrary to the Constitution."

Internationalism Of Justice Harry Blackmun, The, Margaret E. Mcguinness

Missouri Law Review

This comment is intended to provide a roadmap for closer examination of the Blackmun Papers and to evaluate the sources of internationalism in Justice Blackmun's opinions. An understanding of those sources can in turn inform typologies of internationalism among other Justices, past, present, and future. It seems particularly salient to be discussing the internationalist aspects of Justice Blackmun's legacy today, at a time when the Court is deeply divided on questions of executive power over foreign affairs, the relevance of foreign and international political practices and judicial opinions to constitutional interpretation, and the extent to which decisions of international tribunals …