Law Commons^™

The Iraq Paradox: Minority And Group Rights In A Viable Constitution, Makau Mutua

Buffalo Law Review

On October 15, 2005 an Iraq ravaged by a civil war spawned by the 2003 American invasion and subsequent occupation voted to decide the fate of a permanent constitution for the country. Although many Sunni Arabs took part in the vote, the referendum lost in the three governorates where they form a majority. But the constitution was approved because opponents only succeeded in recording "no" votes larger than two-thirds in only two of Iraq's eighteen provinces, in effect one province short of a veto. A two-thirds rejection in three provinces would have doomed the charter and the transition to a …

Can Direct Democracy Be Made Deliberative, Ethan J. Leib

Buffalo Law Review

No abstract provided.

The Modern Transformation Of Civil Law, George L. Priest

Buffalo Law Review

No abstract provided.

Bin Laden's War, David A. Westbrook

Buffalo Law Review

The GWOT/Global Jihad is different from prior conflicts (including the ideological struggle of the Cold War), and these differences have important strategic consequences which are not reflected in current US policy. First, US strategy has proceeded on traditional, and inapposite, understandings of the politics that informs this war. Second, radical neofundamentalism is a new form of political organization, attuned to a globalized world, with a distinctive form of violence quite different from the violence organized by the bureaucratic apparatus of a modern professional military grounded in a nation state. Third, the politics of radical neofundamentalism has strategic consequences. On the …

Speech In, For, And By (?) The "Multiversity": Reflections Of A Recovering President, William R. Greiner

Buffalo Law Review

No abstract provided.

No.1 - December 2006, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

European Union Food Law Update, Nicole Coutrelis

Journal of Food Law & Policy

On March 31, 2006, the European Commission published Council Regulation (EC) No. 510/2006 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs. This new regulation repealed Council Regulation (EEC) No. 2081/92 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs mainly to bring Community law into conformity with the World Trade Organization (WTO) agreements and the findings of a recent WTO panel. Under the new Regulation, persons in third countries (non-European Union members) are entitled to address applications for the protection of geographic names and statements of objection …

Coercion And Terrorism Prosecutions In The Shadow Of Military Detention, Tung Yin

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Problem-Based Learning: An Attitudinal Study Of Police Academy Students, Gregory P. Vander Kooi

Dissertations

Policing strategies have gravitated toward a consensus paradigm model, commonly referred to as "community policing." This is a significant paradigm shift, yet most police academies continue to use traditional lecture-based pedagogical methods to train police officers. One possible alternative to passive lecture-based teaching is a more active problem-based learning. Problem-based methodologies consist of presenting ill-structured problems whereby an instructor facilitates and directs the students in active inquiry toward possible solutions for a specific problem.

Felon Disenfranchisement In Alaska And The Voting Rights Act Of 1965, Christopher R. Murray

Alaska Law Review

No abstract provided.

Reefer Madness: Broken Windows Policing And Misdemeanor Marijuana Arrests In New York, Bernard E. Harcourt, Jens Ludwig

Public Law and Legal Theory Working Papers

No abstract provided.

Masthead, Volume 6, Number 1, 2007, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume Six, Issue Number One.

Best Practices Within Mediation Programs, Warren L. Hills

Dissertations

Mediation Centers have been introduced to college and university campuses in recent years as a cost effective method to deal with a variety of conflict issues. These centers offer a variety of services to students, faculty, and staff including mediation, facilitation, and training. Campus mediation centers that report various levels of success and growth serve as an example for operations to their peer institutions. Yet for a lack of previous research, little information is known about the actual operations of campus mediation centers and the systems and processes they follow.

An internet-based survey was sent to campus mediation centers staff …

Second-Order Perfectionism, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

In constitutional law, first-order perfectionism represents an effort to cast the Constitution’s ideals in the best constructive light. Ronald Dworkin's conception of law as "integrity" can be seen as a form of first-order perfectionism. By contrast, second-order perfectionism attempts to set out an account of constitutional adjudication that is sensitive to the fallibility of federal judges. Originalism is best defended as a form of second-order perfectionism; the same can be said of Thayerism, captured in the view that judges should uphold statutes unless they are unquestionably violative of the Constitution. Minimalism, which calls for narrow, incompletely theorized judgments, is another …

Elder Economic Security Initiative: The Elder Economic Security Standard For Massachusetts, Laura Henze Russell, Ellen A. Bruce, Judith M. Conahan

Gerontology Institute Publications

What is an adequate income for older adults in Massachusetts to age in place? How does it vary according to where they live, and their life circumstances: whether they are living alone or with a spouse, rent or own their home, drive a car or use other transportation? How do elders’ living costs change as their health status and life circumstances change? What happens if they need long-term care to keep living at home?

This report will address these questions through the development of a measure of income adequacy for older adults using the WOW-GI National Elder Economic Security Standard …

On The Edge: Facing A Challenging And Uncertain Future. Elder Economic Security Standard™ For The Boston Area, Laura Henze Russell, Ellen A. Bruce, Judith M. Conahan

Gerontology Institute Publications

What is an adequate income for older adults in the Boston area to age in place? How does it vary according to their life circumstances: whether they are living alone or with a spouse, rent or own their home, drive a car or use other transportation? How do Boston area elders’ living costs change as their health status and life circumstances change? What happens if they need long-term care to keep living at home?

This report will address these questions through the development of a measure of income adequacy for older adults, the Elder Economic Security Standard (Elder Standard). The …

Worldcat Collection Analysis Service And The Desert States Law Library Consortium, Michelle Rigual

Faculty Scholarship

In November, 2005, the eight libraries of the Desert States Law Library Consortium (University of New Mexico, University of Arizona, Arizona State University, University of Colorado, University of Denver, University of Utah, Brigham Young, and University of Nevada Las Vegas) licensed OCLC's WorldCat Collection Analysis Service (WCA). WCA is designed to provide objective information concerning the makeup of a library's collection, including subject coverage, age of materials, languages of publication and material types and audience level. Multi-institution comparisons provide detail and summary views of how two or more collections overlap or differently specialize, subdivided by subject areas, languages of publication, …

Contents, Journal Editors

Journal of Food Law & Policy

No abstract provided.

United States Food Law Update, Michael Tingey Roberts, Margie Alsbrook

Journal of Food Law & Policy

This update summarizes some of the significant changes and developments in food law over the first half of 2006. Not every change in food law is included; instead, this update provides a starting point for scholars, practitioners, food industry members, and policymakers determined to understand the shaping of food law in modern society. Tracing the development of food law through these updates, which appear in each issue of the Journal of Food Law & Policy, also provides historical context for the development of significant food law issues over time. New developments in state law, while certainly important and deserving in …

Creating Balance: Problems Within Dshea And Suggestions For Reform, Jennifer Akre Hill

Journal of Food Law & Policy

The Dietary Supplement Health and Education Act of 1994 (DSHEA) was signed into law on October 25, 1994. At the signing, President Clinton endorsed the "intense efforts" of manufacturers and legislators to change the "treatment of dietary supplements under regulation and law." Further, the bill was signed with the hope that it would benefit consumers by permitting more access to dietary supplements and more choices for consumer directed healthcare. In support, politicians on both sides of the aisle claimed the DSHEA as a victory for consumer freedom, populist protection, and preventative medicine.

Animal Identification And Traceability Under The Us National Animal Identification System, Margaret Rosso Grossman

Journal of Food Law & Policy

The identification of animals has a long history in the United States. Since the late nineteenth century, livestock producers have used brands to mark their animals. Ear tags and other marks now identify individual animals or animals from a specific producer, but not all livestock are identified to facilitate traceability.

Journal Of Food Law & Policy - Fall 2006, Journal Editors

Journal of Food Law & Policy

No abstract provided.

'Beastly Bureaucracy' Animal Traceability, Identification And Labeling In Eu Law, Bernd M.J. Van Der Meulen, Annelies A. Freriks

Journal of Food Law & Policy

This contribution discusses animal traceability, identification and labeling requirements in European Union (EU) law. The requirements are lex specialis to more general requirements in EU food law. The aim is to set out this body of EU law and provide some understanding regarding its background. Along with the article by Margaret Rosso Grossman, it enables the reader to compare the EU system to the United States system.

Restriction Of Tort Remedies And The Constraints Of Due Process: The Right To An Adequate Remedy, Tracy A. Thomas

Akron Law Faculty Publications

In the recent proliferation of tort reform statutes, the dangerous clause of remedial jurisdiction stripping has sneaked into the law. Reminiscent of federal statutes in other areas of the law, these jurisdictional provisions strip courts of all power to award punitive or non-pecuniary damages in excess of legislative limits. Many states have acted to restrict frivolous claims and excessive recoveries by cabining “McTorts” and “runaway juries.” Regardless of the merits of these policy questions, the use of the simple expedient of remedial jurisdiction to accomplish these purposes raises significant concerns. By arbitrarily restricting an individual’s right to a meaningful remedy, …

E. Nathaniel Gates, David Rudenstine

Cardozo Law Review

No abstract provided.

Tribute, Peter Goodrich

Cardozo Law Review

No abstract provided.

Towards A Common Law Originalism, Bernadette Meyler

Cornell Law Faculty Publications

Originalists' emphasis upon William Blackstone's "Commentaries on the Laws of England" tends to suggest that the common law of the Founding era consisted in a set of determinate rules that can be mined for the purposes of constitutional interpretation. This Article argues instead that disparate strands of the common law, some emanating from the colonies and others from England, some more archaic and others more innovative, co-existed at the time of the Founding. Furthermore, jurists and politicians of the Founding generation were not unaware that the common law constituted a disunified field; indeed, the jurisprudence of the common law suggested …

Michelman As Doctrinalist, Gregory S. Alexander

Cornell Law Faculty Publications

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.