Law Commons^™

Supreme Court Of The United States, October Term 2007 Preview, Georgetown University Law Center, Supreme Court Institute, Rupal Doshi

Supreme Court Overviews

No abstract provided.

July 8, 2007: Hallowed Secularism And The Secret Of Life, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism and the Secret of Life

Addressing Sexual Violence Against Youth In Custody, Brenda V. Smith

Presentations

No abstract provided.

July 6, 2007: Hallowed Secularism And The Name Of God, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism and the Name of God

In The Matter Of Jacie Uses Many, A Minor Child, And Concerning Jared Uses Many V. Tammy Runs After, Frank Pommersheim

Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim

No abstract provided.

Credibility: A Fair Subject For Expert Testimony?, Anne Poulin

Working Paper Series

This article explores the ways in which experts can assist the jury to assess the credibility of other witnesses and suggests analytical approaches to such expert testimony. The article argues that the courts should be more receptive to expert testimony bearing on witness credibility and engage in a more nuanced consideration of the role played by proffered expert testimony and how the role of the evidence affects its admissibility. Doing so should lead the courts to embrace the promise of the modern rules of evidence and permit experts to assist juries as they assess credibility.

A Proposal To Adopt Formulary Apportionment For Corporate Income Taxation: The Hamilton Project, Reuven S. Avi-Yonah, Kimberly Clausing

Law & Economics Working Papers Archive: 2003-2009

The current system of taxing the income of multinational firms in the United States is flawed across multiple dimensions. The system provides an artificial tax incentive to earn income in low-tax countries, rewards aggressive tax planning, and is not compatible with any common metrics of efficiency. The U.S. system is also notoriously complex; observers are nearly unanimous in lamenting the heavy compliance burdens and the impracticality of coherent enforcement. Further, despite a corporate tax rate one standard deviation above that of other OECD countries, the U.S. corporate tax system raises relatively little revenue, due in part to the shifting of …

Appellant Suquamish Tribe's Reply Brief To Brief Of Appellee Swinomish Indian Tribal Community And Response Brief Of Appellee Upper Skagit Indian Tribe - Upper Skagit Indian Tribe V. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))

Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))

No abstract provided.

Newsletter, Summer 2007

Newsletter

No abstract provided.

What Do Nonprofits Maximize? Hospital Service Provision And Market Ownership Mix, Jill R. Horwitz, Austin Nichols

Law & Economics Working Papers Archive: 2003-2009

Conflicting theories of the nonprofit firm have existed for several decades yet empirical research has not resolved these debates, partly because the theories are not easily testable but also because empirical research generally considers organizations in isolation rather than in markets. Here we examine three types of hospitals – nonprofit, for-profit, and government – and their spillover effects. We look at the effect of for-profit ownership share within markets in two ways, on the provision of medical services and on operating margins at the three types of hospitals. We find that nonprofit hospitals’ medical service provision systematically varies by market …

Our Very Privileged Executive: Why The Judiciary Can (And Should) Fix The State Secrets Privilege, D. A. Jeremy Telman

Law Faculty Publications

This paper was first presented at the Temple Law Review Symposium on Executive Power.

In Reynolds v. United States, the Supreme Court shaped the state secrets privilege (the Privilege) as one akin to that against self-incrimination. In recent litigation, the government has asserted the Privilege in motions for pre-discovery dismissal, thus transforming the Privilege into a form of executive immunity. This Paper argues that courts must step in to return the Privilege to a scope more in keeping with its status as a form of evidentiary privilege.

After reviewing the doctrinal origins of the Privilege, the Paper explores three types …

Hard Or Soft Pluralism?: Positive, Normative, And Institutional Considerations Of States’ Extraterritorial Powers, Mark D. Rosen

All Faculty Scholarship

This article is an invited commentary to an extremely thought-provoking address delivered by Richard H. Fallon, Jr., that addressed unexpected consequences that would follow a reversal of Roe v. Wade. The article addresses the question of states’ extraterritorial powers, and asks whether Mary, a citizen of a state that prohibited abortions (let’s say Utah), could be barred from obtaining abortions in a state (let’s say California) in which abortions were legal.

The Article makes seven points in relation to this question. Its observations are relevant not only to the unlikely event of Roe’s demise, but also to a non-trivial class …

Xenophilia Or Xenophobia In American Courts? Before And After 9/11, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

This article revisits the controversy regarding how foreigners fare in U.S. courts. The available data, if taken in a sufficiently big sample from numerous case categories and a range of years, indicate that foreigners have fared better in the federal courts than their domestic counterparts have fared. Thus, the data offer no support for the existence of xenophobic bias in U.S. courts. Nor do they establish xenophilia, of course. What the data do show is that case selection drives the outcomes for foreigners. Foreigners' aversion to U.S. forums can elevate the foreigners' success rates, when measured as a percentage of …

What Kinds Of Stock Ownership Plans Should There Be? Of Esops, Other Sops And "Ownership Societies", Robert C. Hockett

Cornell Law Faculty Publications

Present-day advocates of an ownership society (OS) do not seem to have noticed the means we have already employed to become an OS where homes and human capital (higher education) are concerned. Nor do they appear to have considered whether these same means - which amount to publicly enhanced private credit markets - might be employed to spread shares in business firms, with a view to completing our OS. This article, the third in a series, seeks tentatively to fill that gap. It does so first by demonstrating how the Employee Stock Ownership Plan, or ESOP, in effect replicates our …

Every Juror Wants A Story: Narrative Relevance, Third Party Guilt And The Right To Present A Defense, John H. Blume, Sheri L. Johnson, Emily C. Paavola

Cornell Law Faculty Publications

On occasion, criminal defendants hope to convince a jury that the state has not met its burden of proving them guilty beyond a reasonable doubt by offering evidence that someone else (a third party) committed the crime. Currently, state and federal courts assess the admissibility of evidence of third-party guilt using a variety of standards. In general, however, there are two basic approaches. Many state courts require a defendant to proffer evidence of some sort of direct link or connection between a specific third-party and the crime. A second group of state courts, as well as federal courts, admit evidence …

Vol. 24, No. 3, Jourlande Gabriel

The Illinois Public Employee Relations Report

Contents:

Dismantling the Public Sector Pension "Crisis", by Jourlande Gabriel

Recent Developments

Further References, compiled by Yoo-Seong Song

The Nova Southeastern Lawyer, Summer 2007, Volume 12, Number 8, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

You Ain't Seen Nothin' Yet: The Inevitable Post-Hamdan Conflict Between The Supreme Court And The Political Branches, Michael Greenberger

Faculty Scholarship

On September 21, 2006, my colleagues, Professors Singer, Quint, and Young, and I led a workshop for our faculty on the Supreme Court’s last, and most important case of the previous Term, Hamdan v. Rumsfeld. As was doubtless true of law scholars across the country (indeed, perhaps throughout the world), we expressed wonderment about the sweep of the decision. In Hamdan, a conservative Court, having just been joined by two conservative appointees named by a conservative President (known for attempting a dramatic expansion of his Article II war powers authority) and confirmed by a conservative Republican-controlled Senate (known for accommodating …

Youngstown, Hamdan, And "Inherent" Emergency Presidential Policymaking Powers, Gordon G. Young

Faculty Scholarship

This brief article explores the contribution that Hamdan v Rumsfeld may have made to clarifying what should happen in the large interstices of the rules created by the Youngstown case for determining the validity of claims of Presidential power. It offers its own view of the scope of Presidential powers in extreme emergencies involving the incapacitation of the legislative branch.

Different Types Of Fmla Leave, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the different types of FMLA leave.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Definition Of A "Day", Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the definition of a "Day".

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Law Library Annual Report 2006-2007, Georgia State University Law Library

Law Library Annual Reports

No abstract provided.

Santa Clara Magazine, Volume 49 Number 1, Summer 2007, Santa Clara University

Santa Clara Magazine

8 - A CENTURY OF BRONCO BASKETBALL, By Jed Mettee and Steven Boyd Saum. Celebrating the first hundred seasons.

12 - A FAMILY SHOW By Steven Boyd Saum. Meet new men's basketball coach Kerry Keating.

14 - A SPACE THAT TALKS TO NATURE By Miriam Schulman. A team of SCU students aim to win the Department of Energy's Solar Decathlon. And save the planet.

19 - EPITAPH FOR THE JOURNEY A poem by Paul Mariani.

22 - THE BUZZ ABOUT SUSTAINABILITY By John Farnsworth. When we talk about "sustainability," what are we really talking about?

26 - THE GREEN TAX …

Consumer Protection And Social Methods Of Continental And Anglo-American Contract Law And The Transnational Outlook, Andreas Maurer

Indiana Journal of Global Legal Studies

Debates over the content of recent EU directives and U.S. statutory amendments related to consumer protection highlight the importance of such regulation. Criticism calling for a return to freedom of contract in both regions reflects a tension between social ideals related to equality between private parties, and a deep distrust of state intervention and market regulation. With the rise of private sources for transnational commercial standards and practices, there is an opportunity for states to facilitate selfregulation in lieu of producing public substantive regulations. This approach seems to satisfy a well-established need for consumer protection without exacerbating government intervention in …

July 1, 2007: Hallowed Secularism And Current Approaches To Gnosticism--Part 2, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism and Current Approaches to Gnosticism--part 2

Environmental Law At Maryland, No. 24, Summer-Fall 2007

Environmental Law at Maryland

No abstract provided.

Affordable Housing And Civic Participation: Two Sides Of The Same Coin, Goutam U. Jois

Brigham Young University Journal of Public Law

No abstract provided.

One Nation, Under … The Watchmaker?: Intelligent Design And The Establishment Clause, Nicholas A. Shuneman

Brigham Young University Journal of Public Law

No abstract provided.

The Human Right Of Self-Defense, David B. Kopel, Paul Gallant, Joanne D. Eisen

Brigham Young University Journal of Public Law

No abstract provided.

Introduction, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

On December 1, 2006, the Department of Labor (“DOL”) issued a Request for Information (“RFI”) seeking public comments on the Family and Medical Leave Act (“FMLA”). The RFI was divided into three sections. Part I provided a summary and background of the FMLA, existing DOL regulations, legal challenges, and related issues. Part II described twelve specific topics about which the DOL sought comment.Part III discussed a 2000 Westat Report that estimated the number of employees and employers covered under the FMLA and the number of employees who used the FMLA. According to the DOL, over 15,000 comments were submitted in …