Law Commons^™

Saying Good-Bye: A Home Video, Avital Ronell

Cardozo Law Review

No abstract provided.

Standard Of Review For Article 78 Review Of Special Use Denials By Operation Of New York General Municipal Law § 239-M: A Two-Step Analysis, Andrew Pak

Cardozo Law Review

No abstract provided.

Appeal Waivers And The Future Of Sentencing Policy, Nancy J. King, Michael E. O'Neill

Duke Law Journal

This paper is the first empirical analysis of appeal waiversclauses in plea agreements by which defendants waive their rights to appellate and postconviction review. Based on interviews and an analysis of data coded from 971 randomly selected cases sentenced under the United States Sentencing Guidelines, the study's findings include (1) in nearly two-thirds of the cases settled by plea agreement, the defendants waived their rights to review; (2) the frequency of waiver varies substantially among the circuits, and among districts within circuits; (3) the government appears to provide some sentencing concessions more frequently to defendants who sign waivers than to …

Inherency, Dan L. Burk, Mark A. Lemley

William & Mary 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.

Appraising A Presumption: A Modern Look At The Doctrine Of Specific Performance In Real Estate Contracts, Jason S. Kirwan

William & Mary Law Review

No abstract provided.

The Dubious Origins And Dangers Of Clawback And Quick-Peek Agreements: An Argument Against Their Codification In The Federal Rules Of Civil Procedure, Laura Catherine Daniel

William & Mary Law Review

No abstract provided.

Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman

William & Mary Law Review

No abstract provided.

Intellectual Property, Trade & Development: The State Of Play, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

This Article considers, first, available economic, social, and cultural analyses of the impact of intellectual property protection in developing countries. Economics provides a useful set of analytical tools and are directly relevant, in particular since the successfully arranged marriage of IP and trade rules after which it became inevitable that IP rules would be measured using an economic yardstick. The Paper also considers the claim that making proper intellectual property policy is impossible or inherently unreliable because theoretical models are inadequate or valid empirical data unavailable. Against this backdrop, the Article then examines the emergence of the World Trade Organization …

The Private Life Of Public Law, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

This Article proposes a new conception of the administrative regulatory state that accounts for the vast networks of private agreements that shadow public regulations. The traditional account of the administrative state assigns a limited role to private actors: private firms and interest groups seek to influence regulations, and after the regulations are finalized, regulated firms face a comply-or-defy decision. In recent years, scholars have noted that private actors play an increasing role in the traditional government standard setting, implementation and enforcement functions. This Article demonstrates that the private role in each of these regulatory functions is far greater than others …

The Individual As Polluter, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

Individuals are the largest source ofdioxin emissions, contribute almost one-third ofall ozone precursor emissions, and are afar larger source of several other air toxics than all large industrial sources combined. Thus, after more than 30 years ofregulation largely directed at industry, individual behavior has emerged as a leading source ofpollution. Prof Michael P. Vandenbergh argues that treating individual behavior as a discrete source of pollution can lead to the development of viable, innovative regulatory instruments that have the prospect of achieving pollution reductions at a relatively low cost. The creation ofan individual toxic release inventory, for example, is one such …

Letting Billions Slip Through Your Fingers: Empirical Evidence And Legal Implications Of The Failure Of Financial Institutions To Participate In Securities Class Action Settlements, Randall Thomas, James D. Cox

Vanderbilt Law School Faculty Publications

This article presents the results of an empirical investigation of the frequency with which financial institutions submit claims in settled securities class actions. We combine an empirical study of a large set of settlements with the results of a survey of institutional investors about their claims filing practices. Our sample for the first part of the analysis contains 118 settlements that were not included in our earlier study. We find that less than 30% of institutional investors with provable losses perfect their claims in these settlements. We then explore the possible explanations for this widespread failure. We suggest a wide …

Appeal Waivers And The Future Of Sentencing Policy, Nancy J. King, Michael E. O'Neill

Vanderbilt Law School Faculty Publications

This paper is the first empirical analysis of appeal waivers clauses in plea agreements by which defendants waive their rights to appellate and postconviction review. Based on interviews and an analysis of data coded from 971 randomly selected cases sentenced under the United States Sentencing Guidelines, the study's findings include (1) in nearly two-thirds of the cases settled by plea agreement, the defendants waived their rights to review; (2) the frequency of waiver varies substantially among the circuits, and among districts within circuits; (3) the government appears to provide some sentencing concessions more frequently to defendants who sign waivers than …

The Manager's Share, David I. Walker

William & Mary Law Review

It is sometimes argued in the corporate governance literature that the total share of corporate value that can be extracted by a manager is fixed and independent of the avenues through which value is extracted. Shareholders need not worry about an activity such as insider trading, the story goes, because any profits achieved by a manager through insider trading will simply offset conventional compensation. This Article challenges that idea and argues that whether one views the manager's share as being capped by external market forces, set by an optimal principal/agent contract, or limited by saliency and outrage in accordance with …

Recognizing Victims In The Federal Rules Of Criminal Procedure: Proposed Amendments In Light Of The Crime Victims' Rights Act, Paul G. Cassell

BYU Law Review

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.

Table Of Contents

BYU Law Review

No abstract provided.

Crawford And The Forfeiture By Wrongdoing Exception, Joan Comparet-Cassani

San Diego Law Review

The doctrine of forfeiture by wrongdoing was carved out as an exception to the standard for the admissibility of testimonial hearsay evidence laid down in Crawford v. Washingtom . Since Crawford , the California Supreme Court granted review in two cases, People v. Giles and People v. Jiles , which applied the doctrine of forfeiture by wrongdoing. The forfeiture doctrine was originally formulated to require the accused commit an intentional act to prevent a witness from testifying, thus proving that the doctrine's nature is based on the equitable principle that no person shall profit from wrongful conduct. By examining the …

They're Playing A Tango, John W. Reed

Other Publications

An address at the State Bar of Michigan Annual Meeting Luncheon, September 22, 2005.

Congressional Authority To Require State Adoption Of Independent Redistricting Commissions, Ryan P. Bates

Duke Law Journal

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.

Proportionality As A Principle Of Limited Government, Alice Ristroph

Duke Law Journal

This Article examines proportionality as a constitutional limitation on the power to punish. In the criminal context, proportionality is often mischaracterized as a specifically penological theory-an ideal linked to specific accounts of the purpose of punishment. In fact, a constitutional proportionality requirement is better understood as an external limitation on the state's penal power that is independent of the goals of punishment. Proportionality limitations on the penal power arise not from the purposes of punishment, but from the fact that punishing is not the only purpose that the state must pursue. Other considerations, especially the protection of individual interests in …

Clarity And Confusion: Did Republic Of Austria V. Altmann Revive State Department Suggestions Of Foreign Sovereign Immunity?, Mark J. Chorazak

Duke Law Journal

No abstract provided.

What Happens To A Dream Deferred?: Cleansing The Taint Of San Antonio Independent School District V. Rodriguez, Ian Millhiser

Duke Law Journal

No abstract provided.

D.C. Circuit: Nationwide Permits Are "Final Action", Jonathan Lew

Sea Grant Law Fellow Publications

No abstract provided.

Confronting Death: Sixth Amendment Rights At Capital Sentencing, John G. Douglass

Law Faculty Publications

The Court's fragmentary approach has taken pieces of the Sixth Amendment and applied them to pieces of the capital sentencing process. The author contends that the whole of the Sixth Amendment applies to the whole of a capital case, whether the issue is guilt, death eligibility, or the final selection of who lives and who dies. In capital cases, there is one Sixth Amendment world, not two. In this Article, he argues for a unified theory of Sixth Amendment rights to govern the whole of a capital case. Because both Williams and the Apprendi-Ring-Booker line of cases purport to rest …

Volume 30, No. 2

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editor in Chief: Michael Shalke

Layout Editor: Rob Richler

Assistant Editors: John Drover, Jennifer Bye, Jennifer Morrison, Simone Bern

Fast, Frugal, And (Sometimes) Wrong, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

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 …

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 …