Law Commons^™

Due Process And Punitive Damages: The Error Of Federal Excessiveness Jurisprudence, A. Benjamin Spencer

Faculty Publications

The Supreme Court, in a line of several cases over the past decade, has established a rigorous federal constitutional excessiveness review for punitive damages awards based on the Due Process Clause. As a matter of substantive due process, says the Court, punitive awards must be evaluated by three "guideposts" set forth in BMW of North America v. Gore: the degree of reprehensibility of the defendant's conduct, the ratio between punitive and compensatory damages, and a comparison of the amount of punitive damages to any "civil or criminal penalties that could be imposed for comparable misconduct." Following up on this pronouncement …

Report From Chair Of Partnership Committee, Cassady V. Brewer

Faculty Publications By Year

No abstract provided.

The Law Of International Commercial Arbitration In Singapore, Warren B. Chik

Research Collection Yong Pung How School Of Law

The Singapore dispute resolution landscape entered the new millennium with the reconstruction of the dual carriageway for arbitration. In 2002, the old road to arbitral resolution of disputes ( i.e. , the old Arbitration Act and the old International Arbitration Act ) were reconstructed and what emerged were two updated legislations: the Arbitration Act and the International Arbitration Act . At about the same time, the Singapore International Arbitration Centre (SIAC) also diversified with the introduction of a new set of Domestic Arbitration Rules.

Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee

Research Collection Yong Pung How School Of Law

No abstract provided.

The Optimal Law Enforcement With Mandatory Defendant Class Actions, Nelson Rodrigues Netto

ExpressO

In this article we argue that the optimal law enforcement system is based on an ideal mechanism to prevent and redress harms in the mass information society. This goal is achieved by means of mandatory defendant class actions.

The idea of mass society has evolved in time since the beginning of the industrialization in the 18th century. At that time, the transformation of the means of production from artisanal craftwork to large scale machinery work, forged the concept of mass production. Nowadays, massive and expeditious relationships are created by sophisticated communications links, especially the Internet, furnishing services and goods, which …

Supreme Court Of The United States, October Term 2005 Overview, Georgetown University Law Center, Supreme Court Institute, Rebecca Cady

Supreme Court Overviews

No abstract provided.

The University Of Michigan Law School Report Of Giving, July 1, 2005 - June 30, 2006, University Of Michigan Law School

Miscellaneous Law School History & Publications

An annual report of giving from the members of the University of Michigan Law School community.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Approved Minutes Of The Third Meeting Of The Governor's Ethics And Campaign Finance Reform Task Force, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

These are the minutes for the June 28-29, 2006 meeting of the Governor's Task Force on Ethics Reform.

Agenda--June 28-29, 2006, Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

This is a proposed agenda for the June 28-29, 2006 meeting of the Governor's Task Force on Ethics Reform.

Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1866, Danaya C. Wright

ExpressO

This paper is an analysis of the petitions, answers, affidavits, and court docket for the first nine years of the English divorce and matrimonial causes court. It examines in detail the child custody, alimony, gender, and class components of the court’s first nine years. After analyzing the petitions and court docket along gender lines for the different causes of action (divorce, separation, annulment, and restitution of conjugal rights), and their success rate by gender and by age of the marriage, it then breaks down marriages by age and speculates on a variety of causes for the different results and considers …

Presidential Signing Statements: Hearing Before The S. Comm. On The Judiciary, 109th Cong., June 27, 2006 (Statement Of Nicholas Quinn Rosenkranz, Prof. Of Law, Geo. U. L. Center), Nicholas Quinn Rosenkranz

Testimony Before Congress

No abstract provided.

Performing Rights Societies And The Digital Environment, Philippe Gilliéron

ExpressO

No abstract provided.

Morar V. Idf Commander In Judaea And Samaria, Dorit Beinisch, Eliezer Rivlin, Salim Joubran

Translated Opinions

Facts: The petitioners, who represent five Arab villages in the territory of Judaea and Samaria, claimed that the respondents unlawfully deny Palestinian farmers in those villages access to their agricultural land. The petitioners also claimed that the respondents do not act to prevent attacks and harassment perpetrated by Israeli inhabitants of the territory of Judaea and Samaria against Palestinian farmers and do not enforce the law against the Israeli inhabitants. In reply, the respondents explained that the agricultural land was closed only when it was necessary to protect the Palestinian farmers from harassment by Israeli inhabitants. The respondents also notified …

Delineating The Interests Of Justice: Prosecutorial Discretion And The Rome Statute Of The International Criminal Court, Henry M. Lovat

ExpressO

Article 53(1) and 53(2) of the Rome Statute allow the prosecutor of the International Criminal Court (ICC) to decline to pursue an investigation or prosecution in the ‘interests of justice’. Some commentators have taken the view that the Office of the Prosecutor of the ICC should not invoke this ground for declining to act in situations where there is a possibility that investigations or prosecutions might impede or interfere with local peace and reconciliation initiatives such as amnesties or truth commissions. According to at least one prominent non-governmental organisation, such decisions are properly the domain of the UN Security Council, …

Dead Man Waiting: Death Row Delays, The Eighth Amendment, And What Courts And Legislatures Can Do, Kate F. Mcmahon

ExpressO

Is there a point at which a person’s tenure on death row has lasted so long or has become so stressful that his sentence begins to violate the Constitution? This argument, dubbed the Lackey claim, has surfaced before in both the international and domestic arenas. Whereas over the last five years the Eighth Amendment has substantially chipped away at the constitutionally permissible parameters of capital punishment in the United States, the current legal landscape surrounding the death penalty may be poised for more upheaval.

My article, entitled “Dead Man Waiting: Death Row Delays, the Eighth Amendment, and What Courts and …

The Optimal Law Enforcement With Mandatory Defendant Class Action, Nelson Rodrigues Netto

ExpressO

In this article we argue that the optimal law enforcement system is based on an ideal mechanism to prevent and redress harms in the mass information society. This goal is achieved by means of mandatory defendant class actions.

The idea of mass society has evolved in time since the beginning of the industrialization in the 18th century. At that time, the transformation of the means of production from artisanal craftwork to large scale machinery work, forged the concept of mass production. Nowadays, massive and expeditious relationships are created by sophisticated communications links, especially the Internet, furnishing services and goods, which …

The Electronic Health Record In Practice: Why, How, And What Next?, Lisa Sprague, Sally Coberly

National Health Policy Forum

This local site visit was intended to allow participants to observe the electronic health record (EHR) as used in practice by two U.S. leaders in technology and quality, the Veterans Health Administration (VHA) and Kaiser Permanente (KP). The VHA has employed an EHR system since 1997; KP is in the process of implementing a standard system for all clinicians nationwide. The site visit was designed to provide an opportunity for participants to explore both the expected benefits from EHR adoption and the specific lessons these two large, integrated delivery systems have learned in their transition from paper to electronic records. …

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Finding A Water Ethic Through Religion, Aesthetics, Conflicts & The Law, Chad A. West

ExpressO

Water is important to humans for household uses, manufacturing, agriculture, ecological preservation, recreation, and many other interests. Legislators developing water policies often cannot reconcile conflicting water interests because they do not understand their regions’ water ethics. Ethics philosophers and legal analysts have performed extensive studies on environmental ethics and human values. These same experts, however, have neglected to separate water ethics from environmental ethics. In this article, I do not speculate on what the ideal water ethic should be. Instead, I use religion, aesthetics, water conflicts, and the law to exhibit that no single water ethic exists. Each continent, country, …

Transsystemia–Are We Approaching A New Langdellian Moment? Is Mcgill Leading The Way?, Peter L. Strauss

Journal of Legal Education

No abstract provided.

Transnationalizing The Legal Curriculum: How To Teach What We Live, Rosalie Jukier

Journal of Legal Education

No abstract provided.

Law, Literature, And Empathy: Between Withholding And Reserving Judgment, Amnon Reichman

Journal of Legal Education

No abstract provided.

What Is A Transnational Legal Education?, Sébastien Lebel-Grenier

Journal of Legal Education

No abstract provided.

Legal Education In The Balance: Accommodating Flexibility, Jan Klabbers

Journal of Legal Education

No abstract provided.

The State Of The Property Course: A Statistical Analysis, Peter Wendel, Robert Popovich

Journal of Legal Education

No abstract provided.

Inclusionary Zoning: The Effect Of Market Forces On Local Housing Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

As the price of housing continues to rise in the New York metropolitan area, municipalities have begun creating inclusionary housing ordinances to ensure working families have a place to call home. This article analyzes the effects of inclusionary zoning ordinances on the economics of affordable housing and suggests several potential methods that local, state, and federal government may utilize to ease the financial burden on developers willing to construct affordable housing projects.

Some Modest Uses Of Transnational Legal Perspectives In First-Year Constitutional Law, Neil S. Siegel

Journal of Legal Education

No abstract provided.