Law Commons^™

Obstruction Of Justice: Model Sentencing Guidelines §2j2, Steven Chanenson

Steven L. Chanenson

No abstract provided.

Severing Fourth And Fifth Amendments, Timothy O'Neill

Timothy P. O'Neill

Keeping The Promise, Erik Ugland, Karen Slattery

Erik Ugland

No abstract provided.

The Law Clerk Who Wrote Rasul V. Bush: John Paul Steven's Influence From World War Ii To The War On Terror, Joseph Thai

Joseph T Thai

No abstract provided.

Lessons In State Implementation Of Marine Reserves: California's Marine Life Protection Act Initiative, James Mize

James Mize

The oceans are one of earth’s most valuable natural resources, yet they continue to be threatened by pollution, overfishing, habitat destruction, and coastal sprawl. Marine reserves, discrete areas of the ocean where no extraction of marine life is allowed, offer a powerful tool for protecting species and ecosystem health. Although most efforts at implementing marine reserves in the United States are taken at the federal level, several states, including California, have developed their own marine reserve programs. In this Article, Capt. James Mize focuses on California’s experience in creating marine reserves, focusing primarily on the challenges that arose during its …

Beyond 2 Camps On Top Court, Another Theory, Timothy O'Neill

Timothy P. O'Neill

Does Religion Really Reduce Crime?, Paul Heaton

Paul Heaton

Considerable research in sociology, criminology, and economics aims to understand the effect of religiosity on crime. Many sociological theories positing a deterrent effect of religion on crime are empirically examined using ordinary least-squares (OLS) regressions of crime measures on measures of religiosity. Most previous studies have found a negative effect of religion on crime using OLS, a result I am able to replicate using county-level data on religious membership and crime rates. If crime affects religious participation, however, OLS coefficients in this context suffer from endogeneity bias. Using historic religiosity as an instrument for current religious participation, I find a …

Statutory Construction Should Be As Easy As 1, 2, 3, Timothy O'Neill

Timothy P. O'Neill

Trends In Constitutional Environmental Law, James R. May

James R. May

This article is about the growing field at the intersection of environmental and constitutional law. Thirty years ago, constitutional issues rarely arose in environmental law. Nowadays, nearly two in three federal environmental, energy and land use cases are decided on constitutional grounds invoking no fewer than 18 issues. These include the extent to which Congress can regulate activities that are either traditionally intrastate or not inherently economic in nature (the Commerce Clause), preempt state causes of action (Supremacy Clause), and prescribe state functions (10th Amendment) or subject them to federal actions (11th Amendment). Other issues include whether states can burden …

Determining The Strike Zone On The New Court, Timothy O'Neill

Timothy P. O'Neill

'Voluntary' Searches A Fairy Tale: Reviews, Timothy O'Neill

Timothy P. O'Neill

Secondary Prevention Services For Clients Who Are Low Risk In Drug Court: A Conceptual Model, David Dematteo, Douglas Marlowe, David Festinger

David DeMatteo

The drug court model assumes that most drug offenders are addicts, and that drug use fuels other criminal activity. As a result, drug court clients must satisfy an intensive regimen of treatment and supervisory obligations. However, research suggests that roughly one third of drug court clients do not have a clinically significant substance use disorder. For these clients, standard drug court services may be ineffective or even contraindicated. Instead, these clients may be best suited for a secondary prevention approach directed at interrupting the acquisition of addictive behaviors. Unfortunately, there are no established secondary prevention packages for adults in criminal …

Transboundary Harm In International Law: Lessons From The Trail Smelter Arbitration, Russell Miller, Rebecca Bratspies

Russell A. Miller

No abstract provided.

Enter The Poor: American Welfare Reform, Solidarity And The Capability Of Human Flourishing, Vincent Rougeau

Vincent D. Rougeau

No abstract provided.

La Justicia Restorativa: Un Modela De Penas Alternativas, Erik Luna

Erik Luna

No abstract provided.

Evaluating The Estate Tax Exposure Of The Sctc Trust Termination Provisions, Brant Hellwig

Brant J. Hellwig

No abstract provided.

The Role Of International Arbitrators, Susan Franck

Susan D. Franck

No abstract provided.

The Generative Internet, Jonathan Zittrain

Jonathan Zittrain

The generative capacity for unrelated and unaccredited audiences to build and distribute code and content through the Internet to its tens of millions of attached personal computers has ignited growth and innovation in information technology and has facilitated new creative endeavors. It has also given rise to regulatory and entrepreneurial backlashes. A further backlash among consumers is developing in response to security threats that exploit the openness of the Internet and of PCs to third-party contribution. A shift in consumer priorities from generativity to stability will compel undesirable responses from regulators and markets and, if unaddressed, could prove decisive in …

Spam Works: Evidence From Stock Touts And Corresponding Market Activit, Jonathan Zittrain

Jonathan Zittrain

We assess the impact of spam that touts stocks upon the trading activity of those stocks and sketch how profitable such spamming might be for spammers and how harmful it is to those who heed advice in stock-touting e-mails. We find convincing evidence that stock prices are being manipulated through spam. We suggest that the effectiveness of spammed stock touting calls into question prevailing models of securities regulation that rely principally on the proper labeling of information and disclosure of conflicts of interest as means of protecting consumers, and we propose several regulatory and industry interventions. Based on a large …

Ethical Health Care, Wendy Parmet, Patricia Illingworth

Wendy E. Parmet

No abstract provided.

The Trial Smelter Case, International Environmental Harms, And The Draft Articles On State Responsibility, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Consent To Medical Treatment By Minors In Massachusetts: A Guide For Practitioners, Francine Sherman

Francine T. Sherman

This guide is designed for healthcare providers, social service agency employees, and other practitioners who connect young people with the medical care they need. While the age of consent for all medical treatment in Massachusetts is generally 18, those younger than 18 may consent to a wide range of services—even without parental authorization—depending on the circumstances. This guide also highlights the special consent issues that may arise for youth who are involved with the Department of Social Services and / or the Department of Youth Services. While these issues may seem complicated at first glance, the governing laws and regulations …

Power, Powerlessness, And Process, Phyllis Bernard, Andrea Schneider, Christopher Honeyman

Phyllis E. Bernard

No abstract provided.

Lodge, Henry Cabot, Christopher Hoebeke

Christopher H Hoebeke

No abstract provided.

"Borrowing" Help? Using Conflicts Of Law To Aid Clients And Lawyers, Susan Franck

Susan D. Franck

No abstract provided.

Introduction - The Trail Smelter Arbitration And Transboundary Harm, Russell Miller, Rebecca Bratspies

Russell A. Miller

No abstract provided.

The Ethics Of Computing In Pharmaceutical Research, Richard Mcgowan

Richard McGowan

Note: full-text not available due to publisher restrictions. Link takes you to an external site where you can purchase the book or borrow it from a local library.

Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin

Robert M. Bloom

No abstract provided.

Review Of John Paul Stevens: An Independent Life, Joseph Thai

Joseph T Thai

No abstract provided.

Taking On The Challenge: Phase I Of The Hyams Foundation Girls' Initiative, Francine Sherman

Francine T. Sherman

This report describes Phase I of The Hyams Foundation’s funding initiative for eight programs providing direct services to girls in Boston and Chelsea, Massachusetts. Although the programs varied in their sophistication and experience with gender-responsive approaches, in each case the programs served girls who were court involved and worked with the state social services or juvenile justice systems. The monograph describes the work of the initiative’s Learning Community, participation in which was a requirement of funding, and findings from the Learning Community’s participatory action research. Notably, the report describes nine lessons learned from the funding initiative, which are useful for …