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Write On!, Steven L. Chanenson

Working Paper Series

Modern federal appellate review of sentences is a recent phenomenon introduced by the Sentencing Reform Act of 1984. Before United States v. Booker, courts of appeal focused on enforcing the technical rules of the federal sentencing guidelines and did so with (over)zealous enthusiasm. In the new post-Booker world, appellate judges are supposed to review sentences for "reasonableness." But how are they supposed to determine what is - or is not - a reasonable sentence? The answer to this puzzle rests in the mind of the District Judge. This short essay argues that the sentencing judge must explain his reasons, and …

Information Asymmetries And The Rights To Exclude, Lior Strahilevitz

Articles

No abstract provided.

Strengthening Auditor Independence: Reestablishing Audits As Control And Premium Signaling Mechanisms, Sean M. O'Connor

Washington Law Review

As recent scandals have demonstrated, ensuring the independence of auditors from the publicly traded clients whose books they inspect is one of the most vexing problems in the financial world today. Arguably, the imposition of a mandatory audit system through the 1930s federal securities laws created the modem problem of auditor independence. The core issue is that the statutory audit is simply a commodified cost of doing business for issuers that imposes an impossible obligation to serve an unspecified "investing public" on the auditors. Yet, this investing public neither hires, fires, nor controls the auditors. Instead, the audit relationship is …

Recordings, Transcripts, And Translations As Evidence, Clifford S. Fishman

Washington Law Review

Secretly recorded conversations often play a vital role in criminal trials. However, circumstances such as background noise, accidents, regional or national idioms, jargon, or code may make it difficult for a jury to hear or understand what was said—even if all participants were speaking English. Thus, a recording's value as evidence will often depend on whether an accurate transcript may be distributed to the jury. This Article discusses several legal issues, including: Who should prepare a transcript? What should it contain? How should its accuracy be determined, and by whom? Should the transcript be considered evidence, or only an "aid …

Washington's Title Match: The Single-Subject And Subject-In-Title Rules Of Article Ii, Section 19 Of The Washington State Constitution, Dustin Buehler

Washington Law Review

Article II, section 19 of the Washington State Constitution provides that "[n]o bill shall embrace more than one subject, and that shall be expressed in the title." This provision contains two rules. First, an act violates the single-subject rule if it has a general title and its provisions lack rational unity, or if it has a restrictive title and contains provisions not fairly within the scope of that title. Second, an act violates the subject-in-title rule if the plain language of its title does not indicate the scope and purpose of the bill to an inquiring mind, or if it …

Same-Sex Marriage In New York, Lewis A. Silverman

Journal of Race, Gender, and Ethnicity

No abstract provided.

Finding Redemption: How Picking Up The Phone Can Change A Lawyer's Life, Sean O'Brien

Faculty Works

The winner of the 2006 ABA Ross Essay Contest debated with himself whether to take a phone call from a death row inmate scheduled to be executed in 9 hours who turned out to be calling to request help for other prisoners. "As I hung up the phone, I experienced a profound awareness that no matter what each of us had previously done in our lives, at that moment Doyle Williams was a better human being than I. If a death row inmate can find redemption, maybe a lawyer can too."

Table Of Contents - Cardozo Public Law, Policy And Ethics Journal, Vol. 4, Iss. 3

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Information Asymmetries And The Rights To Exclude, Lior Jacob Strahilevitz

Michigan Law Review

The American law generally regards the "bundle of rights" as property's dominant metaphor. On this conception of property, ownership empowers an individual to control a particular resource in any number of ways. For example, he may use it, transfer it, exclude others from it, divide it, and perhaps even destroy it. The various rights in the bundle, however, are not equal in terms of importance. To the contrary, American courts and commentators have deemed the "right to exclude" foremost among the property rights, with the Supreme Court characterizing it as the "hallmark of a protected property interest" and leading property …

Foreword, John T. Nockleby

Loyola of Los Angeles Law Review

No abstract provided.

Expanding Social Justice Through The People's Court, Tal Finney, Joel Yanovich

Loyola of Los Angeles Law Review

No abstract provided.

Evisceration Of The First Amendment: The Prison Litigation Reform Act And Interpretation Of 42 U.S.C (Sec.) 1997e(E) In Prisoner First Amendment Claims, Corbett H. Williams

Loyola of Los Angeles Law Review

No abstract provided.

In Re Dannenberg: California Forgoes Meaningful Judicial Review Of Parole Denials, Alexander K. Mircheff

Loyola of Los Angeles Law Review

No abstract provided.

Congressional Power To Regulate Noncommercial Activity Overseas: Interstate Commerce Clause Precedent Indicates Constitutional Limitations On Foreign Commerce Clause Authority, Jeff Christensen

Washington Law Review

Although the U.S. Supreme Court has not yet ruled any statutes criminalizing the conduct of Americans overseas unconstitutional under the Foreign Commerce Clause, three U.S. Courts of Appeals decisions use the concept of enumerated powers—important in U.S. Supreme Court decisions that invalidate statutes grounded in the Interstate Commerce Clause—to suggest limitations on Congress's Foreign Commerce Clause power. In two decisions, the U.S. Courts of Appeals for the Fifth and Ninth Circuits employed the U.S. Supreme Court's Interstate Commerce Clause framework when analyzing statutes under the Foreign Commerce Clause. In so doing, these courts suggest that Foreign Commerce Clause power is …

A Failure Of Expression: How The Provisions Of The U.S. Bankruptcy Code Fail To Abrogate Tribal Sovereign Immunity, Greggory W. Dalton

Washington Law Review

Sections 106(a) and 101(27) of the U.S. Bankruptcy Code use the general phrase "other foreign or domestic government" to abrogate sovereign immunity without specifically referencing Indian tribes. The U.S. Supreme Court has not yet decided whether these sections of the Code abrogate tribal sovereign immunity, and lower court decisions have come to varying conclusions. As a general rule, Indian tribes are immune from suit due to their inherent sovereignty. Congress, however, may abrogate the sovereign immunity of tribes by unequivocally stating its intent to do so in a statute. When interpreting abrogation provisions in a statute, courts have only found …

Defending The Right To Self-Representation: An Empirical Look At The Pro Se Felony Defendant, Erica J. Hashimoto

Popular Media

Assistant Professor Erica Hashimoto outlines her research on why felony defendants should continue to have the constitutional right to represent themselves.

Medical Malpractice Myths And Realties: Why An Insurance Crisis Is Not A Lawsuit Crisis, Douglas A. Kysar, Thomas O. Mcgarity, Karen Sokol

Loyola of Los Angeles Law Review

No abstract provided.

Addressing Perceptions Of Procedural Unfairness In Compulsory Unitization By Appointing Neutral Experts, Gideon Wiginton

American University Law Review

No abstract provided.

No Thanks, Uncle Sam, You Can Keep Your Tax Break, James Edward Maule

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Supporting The First Amendment: A National Reporter's Shield Law, Joel G. Weinberg

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Tortious Beginnings Of Contributory Copyright Infringement: The Concerted Action Key To Grokster, Debra R. Rydarowski

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Museletter: August 2006, Caroline L. Osborne

Museletter

This Issue:

Welcome New and Returning Students by Timothy L. Coggins

What You See is Not All You Get! By Sally Wambold

Got Questions? Bring 'em on! By John R. Barden

Greetings from the Law Library's Access Services Department by Gail Zwirner

New Explorations In Culture And Crime: Definitions, Theory, Method, Kenneth B. Nunn

UF Law Faculty Publications

Culture affects criminal law in at least two key ways. First, culture and crime symbiotically define each other. Second, culture helps explain which courtroom narratives will be successful, and which will not. Culture influences who will be arrested, charged, convicted, and what sentence they will receive. Indeed, the invisible hand of culture drives the process of criminalization and helps to determine which acts we will sanction through criminal statutes.

Bad Faith: Race, Religion And The Reformation Of Welfare Law, Richard Hardack

Cardozo Public Law, Policy & Ethics Journal

The article critically examines the cultural, theological, and legal underpinnings of welfare policies in the United States, arguing that these policies are deeply influenced by racialized and gendered stereotypes. It contends that conservative and liberal thinkers alike have framed welfare as a threat to capitalist values, often justifying this stance through theological and postmodernist ideas. The analysis highlights how welfare is constructed as a declaration of dependence, contradicting the ideals of self-reliance and market-driven solutions. The article also critiques the legal system for failing to recognize welfare as a fundamental right, instead treating it as a privilege subject to state …

Data Note: Wia Employment Outcomes, Frank A. Smith

Data Note Series, Institute for Community Inclusion

The Workforce Investment Act (WIA) requires One-Stop system partners who provide employment services funded by the U.S. Department of Labor to report data on performance measures. These data include the rate of customers entering employment, their employment retention rate, and their rate of earning a work credential. WIA tracks a number of funding streams for different audiences. This Data Note focuses on adults in the general population and dislocated workers.

Moving Here Saved My Life: The Experience Of Formerly Chronically Homeless Women And Men In Quincy's Housing First Projects, Tatjana Meschede

Center for Social Policy Publications

For the past ten years, Father Bill’s Place (FBP) in Quincy, Massachusetts, has moved steadily towards providing permanent housing with supportive services rather than emergency shelter as a solution to ending homelessness. According to John Yazwinski, executive director of FBP, the vision for the future is to be able to independently house every homeless person entering FBP within a short period of time instead of “housing” people in the shelter for prolonged periods. As such, sheltering homeless people in mass emergency shelters should be a picture of the past.

Yazwinski’s Housing First Model builds upon an approach of housing “chronically” …

Prediction Markets For Corporate Governance, Michael Abramowicz, M. Todd Henderson

Coase-Sandor Institute for Law & Economics Research Paper Series

Building on the success of prediction markets at forecasting political elections and other matters of public interest, firms have made increasing use of prediction markets to help make business decisions. This Article explores the implications of prediction markets for corporate governance. Prediction markets can increase the flow of information, encourage truth telling by internal and external firm monitors, and create incentives for agents to act in the interest of their principals. The markets can thus serve as potentially efficient alternatives to other approaches to providing information, such as the Sarbanes-Oxley Act’s internal controls provisions. Prediction markets can also produce an …

Evidence On The Relationship Between Takaful Insurance And Fundamental Perception Of Islamic Principles, Ramin Cooper Maysami, John Joseph Williams

Research Collection School Of Accountancy

One of the complexities overarching the concept of Islamic insurance is anchored in the belief system pertaining to fundamental Islamic Law, while another is embedded in the role of profit within the takaful contract. The purpose of this study is to empirically explore the association between the awareness of the existence of Islamic insurance (takaful) and religious perceptions of this financial service.

Aug 1, 2006, Ifc, Draft Ehs Guidelines For Aquaculture, Ifc

IFC E&S Performance Standards

No abstract provided.

From Justice To Global Peace: A (Brief) Genealogy Of The Class Action Crisis, Anne Bloom

Loyola of Los Angeles Law Review

No abstract provided.