Law Commons^™

Vol. 26, No. 1, Fall 2005: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Once And Future Copyright, James Gibson

Law Faculty Publications

Copyright is like a well-meaning but ultimately bothersome friend, eager to help but nearly impossible to get rid of. It attaches indiscriminately to the simplest acts of expression, without regard for whether the author needs or wants its protection. This automatic propertization made sense in the print era, when mass distribution of information was an expensive process rarely undertaken by those with no plans to profit from their creativity. It makes little sense today. The following article shows that copyright's overly solicitous nature is the source of several seemingly unrelated and intractable problems - e.g., closed code, copyright as censorship, …

Table Of Contents

BYU Law Review

No abstract provided.

Bloggers Beware: The Five Commandments For Bloggers, Warren B. Chik

Research Collection Yong Pung How School Of Law

There is a need for Singapore bloggers to be aware of legal issues arising from their online diaries, particularly in the light of the recent cases involving seditious remarks made online by bloggers that resulted in jail terms and fines; and earlier in the year, a dispute arose over allegedly defamatory speeches made by a blogger about A*STAR’s Chairman, Philip Yeo, which was resolved amicably, but not without an apology. The threats of legal repercussions in the form of civil lawsuits and criminal charges serve as reminders of the potential legal problems that can arise from blogging, and indeed from …

Globalisation And Urban Crime: Mean Streets Or Lost Suburbs, Mark Findlay

Research Collection Yong Pung How School Of Law

This parer introduces notions of contemporary globalisation and the manner in which crime and glotalisation interrelate. In particular, the importance of analysing crime and control at both local and global levels is emphasised. Issues of crime and space are addressed in the context of urbanisation. The tendencies of the city to marginalise, and the consequential criminal outcomes from this environment of modernisation (and the modem city) are discussed. Urban planning has had a crucial part to play in humanising and at the same time distinguishing the global push towards urbanisation, and crime prevention is now a recognised feature of globalised …

Multiracialism Engineered: The Limits Of Electoral And Spatial Integration In Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

This paper examines Singapore's innovations in electoral and spatial integration. In examining the Group Representation Constituency and the Ethnic Integration Policy, a critique is made of the official discourse that multiracialism is internalized and entrenched in Singapore's political psyche and electoral process. While the electoral and spatial integration policies are driven by the objective of enhancing multiracialism, their actual workings do not adequately advance the development of norms and values that would be truly supportive of the need for a multiracial legislature and an abiding commitment to multiracialism. The layering of the electoral system with other political objectives, such as …

Title Page

Louisiana Law Review

No abstract provided.

Issue Contents

Louisiana Law Review

No abstract provided.

Zoned Out! Examining Campus Speech Zones, Carol L. Zeiner

Louisiana Law Review

No abstract provided.

Why The Rule Of Law?, Richard K. Greenstein

Louisiana Law Review

No abstract provided.

Lawlessness Revealed: The Supreme Court's Man Of Liberty Transcends Tort Law, Nelson P. Miller

Louisiana Law Review

No abstract provided.

Rediscovering Subjectivity In Contracts: Adhesion And Unconscionability, Richard L. Barnes

Louisiana Law Review

No abstract provided.

Garnishing The Congressional Intent: Protectingdebtor Wages In Bank Accounts Under The Federal And Louisiana Wage Garnishment Exemption Statutes, G. Wogan Bernard

Louisiana Law Review

No abstract provided.

The Status Of Bystander Damage Claims In Louisiana: A Less-Than-Perfect Fit In The Tort Puzzle, Jessica Coco

Louisiana Law Review

No abstract provided.

Apparently Not: The Status Of Apparent Authority After Holloway V. Shelter Mutual Insurance, Bendel Lee Carr Jr.

Louisiana Law Review

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)

Remedying A Particularized Form Of Discrimination: Why Disabled Plaintiffs Can And Should Bring Claims For Police Misconduct Under The Americans With Disabilities Act, Rachel E. Brodin

University of Pennsylvania Law Review

No abstract provided.

Tribute To John Pickering, Elaine R. Jones

Michigan Law Review

This talented, persuasive, committed lawyer-leader, John Pickering, had several abiding personal and professional interests, two of which enhanced my life directly, and most of which enhanced my life indirectly. The first was the great personal interest he took in lawyers younger than himself, and the second was his passion about civil rights and combating the effects of racial discrimination.

Endorsement Retires: From Religious Symbols To Anti-Sorting Principles, Adam M. Samaha

Public Law and Legal Theory Working Papers

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 …

Information Asymmetries And The Rights To Exclude, Lior Strahilevitz

Public Law and Legal Theory Working Papers

No abstract provided.

Justice Breyer's Democratic Pragmatism, Cass R. Sunstein

Public Law and Legal Theory Working Papers

There have been many efforts to reconcile judicial review with democratic self-government. Some such efforts attempt to justify judicial review if and to the extent that it promotes self-rule. Active Liberty, by Justice Stephen Breyer, is in this tradition; but it is also marked by a heavy pragmatic orientation, emphasizing as it does the need for close attention to purposes and to the importance of consequences to legal interpretation. Its distinctiveness lies in its effort to forge close connections among three seemingly disparate ideas: a democratic account of judicial review; a purposive understanding of legal texts; and a neo-pragmatic emphasis …

Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy, Adam M. Samaha

Public Law and Legal Theory Working Papers

No abstract provided.

Substantially Deferring To Revenue Rulings After Mead, Ryan C. Morris

BYU Law Review

No abstract provided.

Checks And Balances On The Fifth Branch Of Government: Colorado Environmental Coalition V. Wenker And The Justiciability Of The Federal Advisory Committee Act, Joshua W. Abbott

BYU Law Review

No abstract provided.

In Defense Of The No Further Inquiry Rule: A Response To Professor John Langbein, Melanie B. Leslie

William & Mary Law Review

No abstract provided.

Trial Distortion And The End Of Innocence In Federal Criminal Justice , Ronald F. Wright

University of Pennsylvania Law Review

No abstract provided.

The Underprivileged Profession: The Case For Supreme Court Recognition Of The Journalist's Privilege, Jeffrey S. Nestler

University of Pennsylvania Law Review

No abstract provided.

Tradable Pollution Permits And The Regulatory Game, Jason S. Johnston

All Faculty Scholarship

This paper analyzes polluters' incentives to move from a traditional command and control (CAC) environmental regulatory regime to a tradable permits (TPP) regime. Existing work in environmental economics does not model how firms contest and bargain over actual regulatory implementation in CAC regimes, and therefore fail to compare TPP regimes with any CAC regime that is actually observed. This paper models CAC environmental regulation as a bargaining game over pollution entitlements. Using a reduced form model of the regulatory contest, it shows that CAC regulatory bargaining likely generates a regulatory status quo under which firms with the highest compliance costs …

First Force, William A. Edmundson

Faculty Publications By Year

No abstract provided.