Law Commons^™

When Legislative Regulation Strikes Out: Proving A Products Liability Case Against Metal Baseball Bat Manufacturers, Jessica J. Penkal

Montana Law Review

When Legislative Regulation Strikes Out

Public Interest Lawyering In The United States And Montana: Past, Present And Future, Kimberly Mckelvey

Montana Law Review

Public Interest Lawyering in the United States and Montana

Recent Decisions Affecting The Montana Practitioner

Montana Law Review

Recent Decisions Affecting the Montana Practitioner

Is The Devil In The Detail? : The Convention On Biological Diversity And The Antinomy Between Global Governance And State Sovereignity Over Plant Resources, Ikechi Mgbeoji

Articles & Book Chapters

The 1992 Convention on Biological Diversity represents an attempt by the international community to take an organic ecosystem approach to the global biodiversity regime. The Convention has the potential to protect plants diminishing rapidly worldwide; despite the problems posed by the concept of national sovereignty, the problematic status of the ‘common heritage of mankind’ concept, the difficulties of holding states responsible for internationally wrongful acts, imbalances in economic power worldwide, and the difficulties inherent in protecting local and indigenous knowledge.

Drugged, Carl E. Schneider

Articles

The Supreme Court's recent decision in Gonzales v. Oregon, like its decision last year in Gonzales v. Raich (the "medical marijuana" case), again raises questions about the bioethical consequences of the Controlled Substances Act. When, in 1970, Congress passed that act, it placed problematic drugs in one of five "schedules," and it authorized the U.S. attorney general to add or subtract drugs from the schedules. Drugs in schedule II have both a medical use and a high potential for abuse. Doctors may prescribe such drugs if they "obtain from the Attorney General a registration issued in accordance with the …

Judges As Rulemakers, Emily Sherwin

Cornell Law Faculty Publications

In Do Cases Make Bad Law?, Frederick Schauer raises some serious questions about the process of judicial lawmaking. Schauer takes issue with the widely held assumption that judge-made law benefits from the court's focus on a particular real-world dispute. Writing with characteristic eloquence, Schauer argues that the need to resolve a concrete dispute does not enhance the ability of judges to craft sound rules, but instead generates cognitive biases that distort judicial development of legal rules.

Schauer's observations about the risks of rulemaking in an adjudicatory setting are very persuasive. Yet his overall assessment of the common law process …

Bottom-Up Versus Top-Down Lawmaking, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Democratic legal systems make law in one of two ways: by abstracting general principles from the decisions made in individual cases (from the bottom up); or by declaring general principles through a centralized authority that are to be applied in individual cases (from the top down). These two processes are, respectively, adjudication and legislation. Each process highlights and hides different aspects of a legal problem. The single-case perspective of adjudication can seem narrow, and hence inferior to the broad perspectives that legislatures can incorporate into their decisionmaking processes. The adjudicative approach, however, has advantages that are less obvious. Notably, the …

Max Weber, Talcott Parsons And The Sociology Of Legal Reform: A Reassessment With Implications For Law And Development, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

Wishing Petitioners To Death: Factual Misrepresentations In Fourth Circuit Capital Cases, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Criminal Discovery And The Costs Of Reproduction: A Burden Taxpayers Should Not Have To Bear, Gary C. Pinter

Northern Illinois University Law Review

This comment asserts that a prosecutor's office may charge privately-retained defense counsel for the costs the prosecutor's office may incur as a result of reproducing material that may be requested via discovery. Although the evolution of discovery has resulted in rules or statutes that differ with respect to a particular jurisdiction's scope of discovery or its adopted approach, the overwhelming majority of discovery provisions regarding the prosecutor's duty of disclosure are very similar. The duty essentially requires that the prosecutor make the particular material available and permit its inspection and reproduction. Consequently, to forbid a prosecutor from seeking reimbursement for …

Florida’S Past And Future Roles In Education Finance Reform Litigation, Scott R. Bauries

Law Faculty Scholarly Articles

In federalist parlance, the states often are called laboratories of democracy. Nowhere is this truer than in the field of education, and almost no subset of the education field lends itself to this label more than education finance. Since 1973, with very few notable exceptions, the entire development of the practice of education finance has proceeded through state-specific reforms. These reforms have occurred mostly through legislative policymaking, but the courts have played an important role in directing that policy development.

If one were to seek to observe one of these laboratories in action—to witness the interaction of the courts, the …

Environmental Law, Travis M. Trimble

Mercer Law Review

In 2005 the Eleventh Circuit courts addressed issues of regulatory interpretation of the Clean Air Act ("CAA"); compliance with the National Environmental Policy Act ("NEPA) in connection with the development of wetlands; and a conflict between the Federal Emergency Management Agency's ("FEMA") coastal flood insurance program and the Endangered Species Act ("ESA"). First, the Eleventh Circuit Court of Appeals invalidated a rule of the Alabama Department of Environmental Management that exempted certain stack emissions that otherwise violated the State Implementation Plan under the CAA. Also, the United States District Court for the Northern District of Alabama heard one of several …

Donors, Modellers And Development Brokers: The Pork Barrel Of Water Management Research, Julie Trottier

Reconstruction: Studies in Contemporary Culture

Donors are shaping the mainstream research agenda concerning water management around the world. As large sums are made available within applied research programmes, many actors are competing to access them. This has led to the development of a new class of actors: the water research development brokers. Development brokers have mostly been studied in the developing world. They are usually defined as local actors who master the knowledge framework of donor organizations while their social positions and local networks allow them to act as intermediaries between the local population targeted by the donor and the donor itself. Such a position …

Liquidated Damages In Montana, Daniel Browder

Montana Law Review

Liquidated Damages in Montana

Conflict Of Laws (2006), James P. George, Anna K. Teller

Faculty Scholarship

States' and nations' laws collide when foreign factors appear in a lawsuit. Nonresident litigants, incidents outside the forum, parallel lawsuits, and judgments from other jurisdictions can create problems with personal jurisdiction, choice of law, and the recognition of foreign judgments. This Article reviews Texas conflicts cases from Texas state and federal courts during the Survey period from October 1, 2004 through November 31, 2005. The Article excludes cases involving federal-state conflicts, intrastate issues such as subject-matter jurisdiction and venue, and conflicts in time such as the applicability of prior or subsequent law within a state. State and federal cases are …

Words That Wound: Defining Discussing, And Defeating Bankruptcy "Corruption", A. Mechele Dickerson

Buffalo Law Review

No abstract provided.

Courting Failure, Lynn M. Lopucki

Buffalo Law Review

No abstract provided.

Venue Choice: Where The Action Is, William C. Whitford

Buffalo Law Review

No abstract provided.

Beyond Recidivism, Douglas G. Baird, Douglas G. Baird

Buffalo Law Review

No abstract provided.

Courting Controversy, Charles J. Tabb

Buffalo Law Review

No abstract provided.

Fast, Cheap, And Creditor-Controlled: Is Corporate Reorganization Failing?, Melissa B. Jacoby

Buffalo Law Review

No abstract provided.

European Implications Of Bankruptcy Venue Shopping In The U.S., David A. Skeel Jr.

Buffalo Law Review

No abstract provided.

Comments, Robert D. Martin

Buffalo Law Review

No abstract provided.

Comments, Brady C. Williamson

Buffalo Law Review

No abstract provided.

Where Do You Get Off - A Reply To Courting Failure'S Critics, Lynn M. Lopucki

Buffalo Law Review

No abstract provided.

Policy Analysis Of The Victim Offender Restitution Program, Veronica Damon, Marie Bostick, Lamont Mcgary

UNLV Theses, Dissertations, Professional Papers, and Capstones

Both the criminal justice and the juvenile justice systems have experienced increased strain due to criminal acts committed by juveniles. Many experts suggest that one way to ease the burden of the courts can be found in the theory of restorative justice. Most often the juvenile justice system is most concerned with the risk and needs of youthful offenders without significant consideration for the victims. A key component in the restorative justice theory is victim offender mediation which seeks to reduce the impact of crime on victims and the community. Clark County, Nevada has one such program, the Victim Offender …

Can Appropriation Riders Speed Our Exit From Iraq?, Charles Tiefer

All Faculty Scholarship

To explore the implications of riders - provisions added to appropriation bills that "ride" on the underlying bill - on the United States' continued military force in Iraq, the author draws three hypotheticals, each focusing on the debate surrounding the policy and political disputes raised by the use of such riders. A "withdrawal" rider, which would authorize funding only if there exists a plan to withdraw American ground troops by a set deadline, remains the most important - and controversial - rider. Riders may also significantly affect wartime policies, like those that limit the President's use of reservists in combat …

Theorizing The Diffusion Of Law: Conceptual Difficulties, Unstable Imaginations, And The Effort To Think Gracefully Nonetheless, David A. Westbrook

Journal Articles

No abstract provided.

Supporting Accountability: Assessing The Costs Of Regulation Who Profits From Nonprofits, Julie Goldscheid

City University of New York Law Review

No abstract provided.

Proactive Procurement: Using New York City's Procurement Rules To Foster Positive Human Services Policies And Serve Public Goals, Natalie Gomez-Velez

City University of New York Law Review

No abstract provided.