Law Commons^™

Neither Innocent Nor Proven Guilty: The Aviall Services V. Cooper Industries Dilemma, Jeannette Paull

Buffalo Environmental Law Journal

No abstract provided.

Not In Anybody's Backyard? The Non-Distributive Problem With Environmental Justice, Joshua Glasgow

Buffalo Environmental Law Journal

No abstract provided.

Brownfield Development: A New Approach To An Old Problem, Jennifer Corum

Mahurin Honors College Capstone Experience/Thesis Projects

An alarming number of abandoned properties in the United States stifle community productivity and pose serious health risks. Changes in environmental liability laws may effectively remediate these sites, but brownfield rehabilitation requires careful cost benefit analysis on a per-site basis.

Economic Efficiency And The Parameters Of Fairness: A Marriage Of Marketplace Morals And The Ethic Of Care, Barbara Ann White

Cornell Journal of Law and Public Policy

No abstract provided.

Digital Must-Carry & (And) The Case For Public Television, Justin Brown

Cornell Journal of Law and Public Policy

No abstract provided.

Red Tape Or Accountability: Privatization, Public-Ization, And Public Values, Ellen Dannin

Cornell Journal of Law and Public Policy

No abstract provided.

Clinical Case Management; A Strategy To Coordinate Detection, Reporting, And Prosecution Of Elder Abuse, Arlene D. Luu, Bryan A. Liang

Cornell Journal of Law and Public Policy

Despite civil and criminal sanctions, elder abuse is a prevalent, underreported, and underprosecuted event in the United States. Traditional reporting legislation and common law remedies have had minimal effect on the incidence and prevalence of elder abuse. The epidemic nature of elder abuse is projected to increase exponentially as the elderly population grows disproportionately over the next several decades. The fragmented system of detecting, reporting, and prosecuting this abuse across a wide range of medical and legal settings creates a poor structure to effectively allow a potentially abused patient to have his/her abuse circumstance communicated to the relevant parties to …

The Chair, The Needle, And The Damage Done: What The Electric Chair And The Rebirth Of The Method-Of-Execution Challenge Could Mean For The Future Of The Eighth Amendment, Timothy S. Kearns

Cornell Journal of Law and Public Policy

No abstract provided.

Disparity: The Normative And Empirical Failure Of The Federal Guidelines, Albert Alschuler

Articles

No abstract provided.

Oct 2005, Unauthored (D.Hunter), Csos Top Issues Remaining In Ifc Perf Standards, Ifc

IFC E&S Performance Standards

No abstract provided.

The Admissibility Of Expert Testimony In North Carolina After Howerton: Reconciling The Ruling With The Rules Of Evidence, William A. Woodruff

Campbell Law Review

Part II of this paper briefly describes the federal rule in order to appreciate the context of the North Carolina approach to expert testimony. Part III traces the development of North Carolina's expert testimony law from the common law to codification in the rules of evidence through the decision in Howerton and reveals that the North Carolina test for reliability is, essentially, an evaluation of the credibility of the testifying expert. Part IV argues that Howerton's adoption of a less stringent and credibility-based substantive test for reliability but retention of the Daubert procedural "gatekeeping" role of the judge in determining …

Why Justice Breyer Was Wrong In Van Orden V. Perry, Erwin Chemerinsky

William & Mary Bill of Rights Journal

No abstract provided.

The Supreme Court And The Ten Commandments: Compounding The Establishment Clause Confusion, Jay A. Sekulow, Francis J. Manion

William & Mary Bill of Rights Journal

No abstract provided.

Upholding The Unbroken Tradition: Constitutional Acknowledgment Of The Ten Commandments In The Public Square, Greg Abbott

William & Mary Bill of Rights Journal

No abstract provided.

The Original Meaning Of The Establishment Clause, Robert G. Natelson

William & Mary Bill of Rights Journal

No abstract provided.

Comparative And Noncomparative Justice: Some Guidelines For Constitutional Adjudication, Raleigh Hannah Levine, Russell Pannier

William & Mary Bill of Rights Journal

No abstract provided.

A Brief History Of The Fifth Amendment Guarantee Against Double Jeopardy, David S. Rudstein

William & Mary Bill of Rights Journal

No abstract provided.

The Supreme Court And The Federalist Papers: Is There Less Here Than Meets The Eye?, Melvyn R. Durchslag

William & Mary Bill of Rights Journal

No abstract provided.

Quieting The Clang: Hathcock As A Model Of The State-Based Protection Of Property Which Kelo Demands, Joshua E. Baker

William & Mary Bill of Rights Journal

No abstract provided.

"The Loss In My Bones": Protecting African American Heirs' Property With The Public Use Doctrine, April B. Chandler

William & Mary Bill of Rights Journal

No abstract provided.

The Icc Prosecutor, Collateral Damage, And Ngos: Evaluating The Risk Of A Politicized Prosecution, Richard John Galvin

University of Miami International and Comparative Law Review

No abstract provided.

Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene

University of Miami International and Comparative Law Review

No abstract provided.

The Unresolved Debates That Scorched Kyoto: An Analytical Framework, David W. Childs

University of Miami International and Comparative Law Review

No abstract provided.

Calling For An End To Indefinite Detention: The Judicial Role In Applying The Constitution To Alien Paroles, Phillip J. Riblett

University of Miami International and Comparative Law Review

No abstract provided.

Shades Of Grey: Can The Copyright Fair Use Defense Adapt To New Re-Contextualized Forms Of Music And Art?, Nicholas B. Lewis

American University Law Review

No abstract provided.

Motions 2005 Volume 41 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Introduction: The Power Of Stories: Gloucester Tales, Susan Ayres

Faculty Scholarship

For a second year, scholars made a pilgrimage to Gloucester for a three-day academic conference sponsored by Texas Wesleyan Law School, the University of Gloucestershire, and the Central Gloucester Initiative. This year's conference theme, "The Power of Stories: Intersections of Law, Culture and Literature," was inspired by the medieval folktale about Dick Whittington and his cat. While the City of Gloucester planned various events to celebrate the 400th anniversary of the folktale, such as a re-enactment of Dick Whittington's pilgrimage from Gloucester to London, conference organizers in both the United States and England planned a thought-provoking conference.

They did not …

Employment Practices Liability Insurance: Are Epli Policies A License To Discriminate - Or Are They A Necessary Reality Check For Employers, Nancy H. Van Der Veer

Connecticut Insurance Law Journal

No abstract provided.

Some Reflections On The Symposium: Judging, The Classical Legal Paradigm And The Possible Contributions Of Science, Christina E. Wells

Faculty Publications

One theme running through the many excellent contributions to this symposium involves the myriad influences on judicial decision-making. As Professor Wrightsman notes, Supreme Court Justices' personal characteristics may affect their ability to influence colleagues and, consequently, the outcome of Supreme Court decisions. Professor Ruger observes that judges have both attitudinal and jurisprudential preferences that may change over time, affecting legal outcomes differently as time passes. Professor Sisk similarly notes that judges' personal values and experiences influence their decision-making. These observations are consistent with those of numerous other scholars, who find wide-ranging and diverse influences on the judicial resolution of legal …

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

Faculty Publications

Professor Dragich uses the Blackmun papers to augment our understanding of Justice Blackmun's "evolution" on the question of capital punishment. Though the evolution was gradual, she finds that the case of Warren McCleskey seems to have deeply affected Justice Blackmun.