Law Commons^™

California’S New Ethics Standards: A Hot Bed Of Controversy, Rebecca Callahan

ExpressO

The article examines California’s new ethics rules and examines the cases which have been decided to date challenging and applying those rules. The stated goals of the New Ethics Rules are “to inform and protect participants in arbitration, and to promote public confidence in the arbitration process.” This is a laudable goal since arbitration is a private process that is dependent on public acceptance. The heart of the controversy concerning the New Ethics Rules revolves around the practical inconvenience and cost burden associated with compliance. The enclosed article concludes that such a burden goes hand-in-hand with the privilege of being …

Facework In Mediation: The Need For "Face" Time, Rebecca Callahan

ExpressO

This paper was written for my Communication and Conflict class in 2005. The premise of the article is that mediators are intervenors in a dispute who, in addition to assessing the climate of the parties’ pre-mediation relationship, dealing with problems of perceptions, being on the lookout for imbalances of power, correcting false attributions and shepherding the parties’ negotiations must be prepared to anticipate, identify and handle the below-surface image needs or perceptions of the parties. The enclosed article discusses “facework” as a communication behavior that is evaluated and posits that “face” and “facework” strategies should be considered in any mediation …

Cityland – Vol. 2, No. 9, Center For New York City Law

CityLand - 2005

The October 2005 issue of CityLand marks its one-year anniversary and features major land use and zoning actions across New York City. Highlights include the City Council’s approval of rezoning in Far Rockaway, College Point, and Rego Park, as well as a controversial sanitation garage lease extension in Williamsburg. The Council also approved a 26-story tower in Lenox Hill and a 388-foot residential tower in Tribeca. The Planning Commission approved the Ocean Dreams project in Coney Island, a Staten Island shopping center, and the elimination of commercial overlays in Staten Island. BSA decisions include approval of a SoHo residential building, …

Nuclear Energy And Proliferation: Problems, Observations, And Proposals, Taylor A. Burke

ExpressO

The paper addresses policy issues related to the relationship between nuclear energy and proliferation, arguing for increased safeguards to secure such technology; it also examines the legal and political background of United States nuclear policy.

When Should Judges Admit Or Compel Genetic Tests?, Diane E. Hoffmann, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Deadly Discounts: How Reimportation Jeopardizes The Safety Of The U.S. Pharmaceutical Drug Supply Under The Federal Trade Commission Amendment, Nicole C. Bates

ExpressO

The amendment to a Federal Trade Commission (FTC) reauthorization bill, previously introduced as Senate Bill 334 (S.334) Pharmaceutical Market Access and Drug Safety Act of 2005 allows for the reimportation of prescription drugs into the United States from approximately 25 countries, including Canada via Internet pharmacies. There are no guarantees that the internet websites advertising as Canadian pharmacies are legitimate. The shipping of pharmaceutical drugs occurs through importation, which refers to drugs produced abroad then later shipped to the U.S., or re-importation, a term applied when drugs are produced in the U.S. and exported for sale to foreign countries and …

Does The Icj's Decision In Avena Really Mean Anything To Mexicans On Death Row?, Kenneth Williams

ExpressO

This article assesses the legality of President Bush's order to state courts that they review the convictions and sentences of certain Mexican nationals on death row in response to the ICJ's decision that the rights of these inmates had been violated. The article also discusses the review process and makes a proposal to ensure that the ICJ's mandate is carried out. Finally, there is a discussion as to the importance of these cases to both the U.S. and Mexico.

The Practice And Legality Of Rendition, Katherine R. Hawkins

ExpressO

“Rendition” is the United States’ policy of sending terrorism suspects to be interrogated in Middle Eastern countries that practice torture.

This Article introduces the subject by describing a complaint filed in a lawsuit by Canadian citizen Maher Arar. The United States sent Arar from John F. Kennedy airport to Syria, where he was tortured and was held in a grave-sized cell for nearly a year. Arar alleges that his transfer violated the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”).

Arar’s lawsuit may be dismissed before the court reaches the substance of his claims. But …

Albuquerque Tribune Article: Archdiocese's Review Board Identifies Members By Joline Gutierrez Krueger, Hall & Monagle, Llc

Records related to Judge Anna Martinez

No abstract provided.

Removing Violent Parents From The Home: A Test Case For The Public Health Approach, Robin Fretwell Wilson

Faculty Scholarship

Few decisions are as determinative of a child’s well-being and long-term success as the decision to remove a child from his or her own home following an allegation of abuse by a parent. Using the public health lens Professor Marsha Garrison develops elsewhere in this Issue, this Comment examines one of the most critical questions Child Protective Services agencies face thousands of times a day: whether to remove a child who is a possible victim of abuse or neglect from his or her home. This evidence-based approach shows that the choice to remove the child rather than the alleged offender …

Vol. 29, No. 07 (October 10, 2005)

Indiana Law Annotated

No abstract provided.

Law And Economic Analysis On The Relationship Of Transparency And Voluntary Redistribution Of Wealth: Pursuing Both Efficiency And Equity At Once, Woo-Jong Jon

ExpressO

Charitable works can be analyzed as public goods or externalities. Eradication of extreme poverty and hunger, basic science research, and support for art and religion are public goods. These have non-excludability and non-rivalry, which are the defining characteristics of public goods, making philanthropist’s honor spread over more beneficiaries. And to achieve universal primary education is an externality because educations for the unlearned peolpe benefits both themselves and society at large. And in this knowledge and information era education is more and more important, thus society has to support the students who desire to escape from poverty helping them to receive …

A New Weapon Against Piracy: Patent Protection As An Alternative Strategy For Enforcement Of Digital Rights, Dennis S. Fernandez, Matthew Chivvis, Mengfei Huang

ExpressO

This article illustrates how patents and copyrights complement each other to provide a better defense for creative works. Copyrights protect expression, and patents protect underlying functions. Currently, the one-time strengths of copyrights are being eroded as courts allow new technologies to flourish which enable digital reproduction and piracy. This has encouraged companies and industries to move increasingly to patent protection and any company that fails to pursue this trend may be left behind. In sum, patents are a worthwhile strategy because they assist copyright owners in controlling the technology that enables infringement while copyrights alone would leave a company vulnerable …

Accident Law For Egalitarians, Ronen Avraham, Issa Kohler-Hausmann

ExpressO

This paper questions the fairness of our current tort law regime and the philosophical underpinnings advanced in its defense, a theory known as corrective justice. Fairness requires the moral equality and responsibility of persons be respected in social interactions and institutions. The concept of luck has been used by many egalitarians as a way of giving content to fairness by differentiating between those benefits and burdens which result from informed choice from those that result from fate or fortune. We argue that the theory of corrective justice, and its institutional embodiment of tort law, is at odds with an egalitarian …

Adalah Legal Center For Arab Minority Rights In Israel V. Idf Central Commander, Aharon Barak, Mishael Cheshin, Dorit Beinisch

Translated Opinions

This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The IDF’s “advance warning” procedure stipulates that IDF soldiers who wish to arrest a Palestinian suspected of hostile terrorist activity may be assisted by a local Palestinian resident in order to give through him the advance warning to the arrestee of possible harm to him or to whoever is with him while the arrest is being made. According to the procedure, it is possible …

Prosecuting Counterfeit License Plates: A Law Clerk's Constitutional Argument, Miguel R. Acosta

ExpressO

The article discusses the status and probable future of the counterfeit license plate statute in Florida, Florida Statute Section 320.26(1)(a). It prohibits the possession of counterfeit license plates. However, it contains no explicit mens rea requirement. As a result, this law has been challenged repeatedly of late because it is punishable up to five years in prison and because it could potentially be used to punish innocent conduct.

Why Judicial Review Fails: Organizations, Politics, And The Problem Of Auditing Executive Discretion, Mariano-Florentino Cuellar

ExpressO

Every day executive branch officials make thousands of decisions affecting our security and welfare. Homeland security officials screen tens of thousands of people at the border. They decide whose name gets on government “no fly lists.” Agencies freeze suspected terrorist assets, choose what companies to inspect for environmental violations, and decide whom to prosecute. This article describes how judicial review predictably and systematically fails to prevent abuse and promote organizational learning when government officials make many such choices using their discretion to target individuals or groups. It then proposes the use of quasi-judicial audits of executive discretion as a remedy. …

The Graeco-Roman Antecedents Of Modern Tort Law, Stuart Madden

ExpressO

It was not very long ago that Western law was formed from the rib of Graeco-Roman law, and our modern Western legal systems, civil code-based and common law alike, demonstrate that lineage, and the contributions of both societies, to surcease. While other cultural influences, including those from even more ancient sources may be identifiable, this article segregates Greco-Roman law for separate analysis for purposes of manageability. This article tracks the law of early Greece and early Rome from their respective origins in myth and legend to their comprehensive codifications. For the disparities in form and content, there are nonetheless significant …

The Comparative Analysis On The Presumption Of Cartel Agreements Which Is Unique In The Korean Cartel Regulation Provision, Woo-Jong Jon

ExpressO

In terms of cartel regulation, Korea has a “presumption of agreement” provision that does not exist in the United States or in the European Union (EU). This provision is Article 19(5) of the Monopoly Regulation and Fair Trade Act (MRFTA). This provision was created for the convenience of enforcement because firms made cartel agreements by more sophisticated methods as the cartel regulation became more intense. Accordingly, in the continental law of Korea the approach of the courts in relation to cartel regulation is somewhat different to the United States. However, in terms of a standard for deciding specifically what to …

Vol. 56, No. 3, October 4, 2005, University Of Michigan Law School

Res Gestae

•Professor Lutz Discusses Life, Law School and the Pursuit of Success •Editorial: Construction Frustrates Disabled Access •Feeling Like the Mayor of DingVille? Here's How to Execute Plan B •Learn How to Land a Public Interest Job •Rubin on Roberts: "He's No Moderate" •Me as a Lawyer: Better than Shatner? •Last Chance to Take Part in the Record-Breaking Nannes Third-Year Challenge •Please Don't Kick Me Out: The Average 1L Settles In •Violate Some Copyrights Tonight: Check Out These New Tracks on the D/L •Introducing the Poetry of Robert Lowell •Two Time Contender Gives Campbell Advice •LLSA Golf Scramble Photos •Crossword

Unfinished Business: Are Today’S P2p Networks Liable For Copyright Infringement?, Christine Pope

Duke Law & Technology Review

In June 2005, the U.S. Supreme Court issued the decision in Metro-Goldwyn-Mayer Studios v. Grokster Ltd., a case that asked whether peer-to-peer networks may be held liable for facilitating the illegal distribution of music over the internet. The music industry petitioned the Supreme Court to settle the disagreement between the circuit courts over the standard of liability for aiding in copyright infringement. The case was based on a clash between the protection of technological innovation and the protection of artistic works. This iBrief examines the circuit split and the Grokster opinion and discusses the questions of liability left unresolved by …

Digital Wars -- Legal Battles And Economic Bottlenecks In The Digital Information Industries, Curt A. Hessler

ExpressO

The Digital Age has spawned major legal battles over the fundamental principles of intellectual property law and antitrust law. These diverse struggles can best be analyzed using the basic norm of "value added" from neo-classical normative economics. This analysis suggests that current intellectual property doctirnes provide excessive protection and current antitrust doctrines remain awkward in dealing with the cross-market leveraging of monopoly power in the presence of "natural monopolies" created by network effects.

Easing The Burden: Mediating Misdemeanor Criminal Complaints, Gabriel H. Teninbaum

ExpressO

Overburdened courts are causing critical breakdowns in the criminal justice system. However, some jurisdictions are developing creative programs to ease the burden on courts. This paper focuses on mediation programs by which courts divert criminal cases away from traditional prosecution and allow a victim-offender mediation to occur as an alternative to trials for alleged criminal acts. The new model is beginning to work: annually more than nine thousand cases are referred out of district courts by district attorneys and judges to dispute settlement centers; over seven thousand or more are resolved prior to possible court involvement, and mediation is helping …

Petition For Writ Of Certiorari - 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.

International Decisions: Occidental Exploration And Production Company V. The Republic Of Ecuador, Susan Franck

Scholarly Articles in Law Reviews & Journals

Occidental v. Ecuador is the first claim under a bilateral investment treaty claim involving tax issues. This case comment analyzes the tribunal's award and offers a critique of both the analysis and the conclusion. This comment suggests that the tribunal may have gone further than necessary in its analysis of arbitrary measures impairing investment, failed to engage in a sector-by-sector analysis of national treatment, and compressed the analysis of separate rights into one broad test for evaluating fair and equitable treatment. The comment concludes that Occidental may best be understood as confined to its unique facts lest there be larger …

Vol. 29, No. 06 (October 3, 2005)

Indiana Law Annotated

No abstract provided.

Delores Jackson V. Saginaw Chippewa Indian Tribe Of Michigan, Frank Pommersheim

Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim

No abstract provided.

Albuquerque Journal Interviews Moore About War On Terror Meeting, Jennifer Moore

Faculty Scholarship

"There are just so many issues," she said, from allegations of widespread mistreatment at places like Bagram Air Force Base and Guantanamo to concerns for due process of those accused of criminal activities. Where the first panel will take a "big picture" approach, the second will review more specific applications of law.

The Transnational Judicial Discourse And Felon Disenfranchisement: Re-Examining The Textual Premise Of Richardson V. Ramirez, Jason G. Morgan-Foster

ExpressO

This article is simultaneously an international comparative law piece about prisoner disenfranchisement in various countries, a transnational work of legal theory providing a framework for the use of foreign law in domestic constitutional courts, and a domestic analysis of the constitutional underpinnings of felon disenfranchisement.

The article begins with a comprehensive comparative analysis of the recent prisoner disenfranchisement decisions in Canada, South Africa, and Europe. It notes that the over-arching theme of these decisions is to view the acceptability of prisoner disenfranchisement along a continuum, where it becomes more acceptable the more serious the offense committed.

The article then examines …

Red Mass 2005, Notre Dame Law School

The Red Mass

No abstract provided.