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2007

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Articles 1831 - 1860 of 10558

Full-Text Articles in Law

At His Discretion (N.): "To Be Disposed Of As He Thinks Fit; At His Disposal, At His Mercy; Unconditionally", J. Amy Dillard Jul 2007

At His Discretion (N.): "To Be Disposed Of As He Thinks Fit; At His Disposal, At His Mercy; Unconditionally", J. Amy Dillard

All Faculty Scholarship

Review of ANGELA J. DAVIS, ARBITRARY JUSTICE (Oxford University Press, Inc. 2007) 264 pp.

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Congress's Transformative Republican Revolution In 2001-2006 And The Future Of One-Party Rule, Charles Tiefer Jul 2007

Congress's Transformative Republican Revolution In 2001-2006 And The Future Of One-Party Rule, Charles Tiefer

All Faculty Scholarship

In 2001 - 2006, Republican leadership in the legislature circumvented procedural norms to implement an ideological agenda that precluded the minority party from making alternative proposals and voicing criticisms. With the Republican majority in the Senate falling to 50-50 in 2000, President Bush's assumption of office, despite having lost the popular vote, set the tone for what would become an era of illegitimate procedural reform cloaked in secrecy and deniability. Through closed-door conferences and closed-rules, Republican leadership in the House and Senate turned the clock back on civil liberties, passed unfavorable and convoluted tax cuts, and used transformed health care …

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Class Actions, Thomas M. Byrne Jul 2007

Class Actions, Thomas M. Byrne

Mercer Law Review

In terms of significant class action decisions, 2006 was one of the Eleventh Circuit's busiest years in recent memory. Among other rulings, the court established the ground rules for Federal Rule of Civil Procedure 23(b)(2) classes. The year also presented the court with its first opportunity to address some of the many interpretative questions posed by the Class Action Fairness Act of 2005 ("CAFA").

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Evidence, Marc T. Treadwell Jul 2007

Evidence, Marc T. Treadwell

Mercer Law Review

Several amendments to the Federal Rules of Evidence became effective December 1, 2006. Rule 404, which governs the use of character evidence offered to prove conduct, has been amended to clarify that character evidence is generally not admissible in civil cases. Apparently at the behest of the Criminal Division of the Department of Justice, Rule 408, which addresses the admissibility of evidence of conduct and statements made in settlement negotiations, has been amended to expand the use of settlement evidence in criminal cases. This change will be particularly relevant to Eleventh Circuit criminal law practitioners in light of the court's …

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Employment Discrimination, Peter Reed Corbin, John E. Duvall Jul 2007

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

Similar to the 2005 survey period, during the 2006 survey period, the Eleventh Circuit Court of Appeals continued its trend of issuing fewer and fewer published decisions in the area of employment discrimination. The court issued only six published decisions all year involving Title VII and only published nine opinions in the area of employment discrimination overall. With respect to unpublished opinions, however, the court continued to be extremely active, issuing 103 unpublished Title VII opinions and 148 unpublished employment discrimination opinions overall. This is further evidence of the fact that despite the proliferation of employment discrimination cases before the …

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Olmstead V. L.C.-Deinstitutionalization And Community Integration: An Awakening Of The Nation's Conscience?, Samantha A. Dipolito Jul 2007

Olmstead V. L.C.-Deinstitutionalization And Community Integration: An Awakening Of The Nation's Conscience?, Samantha A. Dipolito

Mercer Law Review

Olmstead v. L.C. is a landmark case that originated in Georgia and has been lauded as the Brown v. Board of Education for the law of disability discrimination. In June 1999 the United States Supreme Court decided Olmstead v. L.C., holding that it is a violation of the Americans with Disabilities Act ("ADA") for states to discriminate against people with disabilities by confining them to institutions when such individuals could live more appropriately in a community-based setting. Yet, nearly eight years after the Olmstead decision and fourteen years after the passage of the ADA, progress in implementing the …

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Federal Taxation, Michael H. Plowgian, Svetoslav S. Minkov, Mark S. Davis Jul 2007

Federal Taxation, Michael H. Plowgian, Svetoslav S. Minkov, Mark S. Davis

Mercer Law Review

While the legal holdings of the tax cases decided in the Eleventh Circuit in 2006 do not appear remarkable at first blush, the cases present somewhat conflicting considerations of equity that make them noteworthy. The Eleventh Circuit held in Ellinger v. United States that a taxpayer, who owned half of the stock in three S corporations, could not rely on language in a closing agreement between the Internal Revenue Service (the "Service") and one of the corporations to determine his tax liability with respect to transactions between the first corporation and the other two corporations. Reversing a district court decision, …

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Environmental Law, Travis M. Trimble Jul 2007

Environmental Law, Travis M. Trimble

Mercer Law Review

In general, 2006 was a good year to be a defendant in environmental cases that reached the Eleventh Circuit. The court placed a narrow construction on operator liability for corporate parents under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") and backed agency interpretations of the Clean Air Act ("CAA") regulations in the face of challenges to their interpretation and use. In an issue of first impression, the court held that the agency's failure to carry out a nondiscretionary duty under the Endangered Species Act ("ESA") constituted a one-time, and not a continuing, violation for purposes of applying the …

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Caring Too Little, Caring Too Much: Competence And The Family Law Attorney, Barbara Glesner Fines Jul 2007

Caring Too Little, Caring Too Much: Competence And The Family Law Attorney, Barbara Glesner Fines

Faculty Works

No abstract provided.

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Mercenaries And Other Ways Of Breaking The Law: Why Our Blood Should Boil, Judith Blau Jul 2007

Mercenaries And Other Ways Of Breaking The Law: Why Our Blood Should Boil, Judith Blau

Human Rights & Human Welfare

Among the many consequences of the terrorist attacks of 9/11, the absence of investigative journalism and critical reflection in the U.S. is, perhaps, the most troubling; though we are now seeing a reversal of this trend. Jeremy Scahill has been one of the brightest and best examples of this reversal, relentlessly pursuing a trail of wrongdoing involving the U.S. government and private corporations.

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Can The Next American President Switch The Tracks?, Harry Kreisler Jul 2007

Can The Next American President Switch The Tracks?, Harry Kreisler

Human Rights & Human Welfare

For decades the Washington mantra has been privatization. As Secretary of Defense in Bush 41’s administration and as CEO of Haliburton, Dick Cheney was influential in the application of this idea to defense policy. Now as Vice President of the United States, he and his coterie of followers have taken the idea to a new level. According to Jeremy Scahill, the United States has reached a tipping point in waging the Iraq war, with dire consequences for defense policy, democratic accountability, and the global perception of who we are and what we stand for.

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Private Military Industry And The Laws Of War, Mahmood Monshipouri Jul 2007

Private Military Industry And The Laws Of War, Mahmood Monshipouri

Human Rights & Human Welfare

The “war on terrorism,” according to Jeremy Scahill, has led to the most privatized war in the history of the United States of America: the war in Iraq, waged partially by private security contractors who are, for the most part, accountable to no higher legal-political authority. This brings us to an obvious question: Is this type of warfare an imperative part of counterterrorism?

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Rooting The Privatization Of War In A Broader Political Context, Ali Wyne Jul 2007

Rooting The Privatization Of War In A Broader Political Context, Ali Wyne

Human Rights & Human Welfare

On the issue of military outsourcing, I think that it would be valuable to place Jeremy Scahill’s research and critique in a broader context.

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Hyperbolic Criminals And Repeated Time-Inconsistent Misconduct, Manuel A. Utset Jul 2007

Hyperbolic Criminals And Repeated Time-Inconsistent Misconduct, Manuel A. Utset

Scholarly Publications

No abstract provided.

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Renegotiating The Odious Debt Doctrine, Tai-Heng Cheng Jul 2007

Renegotiating The Odious Debt Doctrine, Tai-Heng Cheng

Law and Contemporary Problems

Following the United States' invasion and subsequent occupation of Iraq,' the US government argued that the successor government in Iraq was not responsible for Iraq's Saddam-era debt under the purported doctrine of odious-regime debt. This purported doctrine apparently excused--by operation of law--all successor regimes from repaying debts that were incurred by oppressive predecessor regimes. Here, Cheng presents three-part response regarding the purported rule that oppressive debts of a predecessor government do not bind its successor.

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The Role Of Local Governments In Great Lakes Environmental Governance: A Canadian Perspective, Marcia Valiante Jul 2007

The Role Of Local Governments In Great Lakes Environmental Governance: A Canadian Perspective, Marcia Valiante

University of Michigan Journal of Law Reform

Restoration of environmental integrity in the Great Lakes Basin has been only a qualified success after thirty-five years of efforts pursuant to policies developed by federal, state, and provincial governments. Many unresolved problems stem from activities under local government control, yet in the past local governments were excluded from Great Lakes policy-making. By looking at recent changes in the powers, interests, experience, and influence of local governments in Ontario, this Essay concludes that local governments now have the ability to participate meaningfully in Great Lakes policy formation and implementation. To include local governments would improve the chances of successful restoration …

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From "Navigable Waters" To "Constitutional Waters": The Future Of Federal Wetlands Regulation, Mark Squillace Jul 2007

From "Navigable Waters" To "Constitutional Waters": The Future Of Federal Wetlands Regulation, Mark Squillace

University of Michigan Journal of Law Reform

Wetlands regulation in the United States has a tumultuous history. The early European settlers viewed wetlands as obstacles to development, and they drained and filled wetlands and swamps at an astounding rate, often with government support, straight through the middle of the twentieth century. As evidence of the ecological significance of wetlands emerged over the last several decades, programs to protect and restore wetlands became prominent. Most notable among these is the permitting program under section 404 of the Clean Water Act. That provision prohibits dredging or filling of "navigable waters, " defined by law to mean "waters of the …

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The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock Jul 2007

The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock

University of Michigan Journal of Law Reform

Since 1985, the eight Great Lakes states and the Canadian provinces of Ontario and Quebec have cooperated to prevent almost all diversions of water from the Great Lakes basin. In 2005, the eight states signed an Agreement to create a tiered system of reviews for diversions and a draft interstate Compact, which creates a binding process to regulate diversions. This cooperation is primarily a state initiative, supported by the federal governments in both countries, which has paid little attention to the international character of the lakes. This Essay argues that there are three major benefits to the region from the …

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Dangers Of Deference To Form Arbitration Provisions, Amy J. Schmitz Jul 2007

Dangers Of Deference To Form Arbitration Provisions, Amy J. Schmitz

Faculty Publications

This Article is part of my larger project exploring what I call "contracting culture," which borrows from legal realism and relational contract theory by considering contextual factors such as negotiators' relations, understandings, and values. As part of this project, I am pursuing various threads, including empirical studies of how contracting realities impact arbitration. In this Article, however, I focus on how these realities in business to consumer contracts combine with the Federal Arbitration Act and formulaic contract law to foster dangerous deference to form arbitration provisions. The Article then invites procedural reforms and offers suggestions for regulations aimed to temper …

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Constitutional Showdowns, Eric A. Posner, Adrian Vermeule Jul 2007

Constitutional Showdowns, Eric A. Posner, Adrian Vermeule

Public Law and Legal Theory Working Papers

No abstract provided.

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Indignation: Psychology, Politics, Law, Daniel Kahneman Jul 2007

Indignation: Psychology, Politics, Law, Daniel Kahneman

Public Law and Legal Theory Working Papers

Moral intuitions operate in much the same way as other intuitions do; what makes the moral domain is distinctive is its foundations in the emotions, beliefs, and response tendencies that define indignation. The intuitive system of cognition, System I, is typically responsible for indignation; the more reflective system, System II, may or may not provide an override. Moral dumbfounding and moral numbness are often a product of moral intuitions that people are unable to justify. An understanding of indignation helps to explain the operation of the many phenomena of interest to law and politics: the outrage heuristic, the centrality of …

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Illusory Losses, Cass R. Sunstein Jul 2007

Illusory Losses, Cass R. Sunstein

Public Law and Legal Theory Working Papers

Recent empirical work demonstrates that people’s self-reported happiness is surprisingly resilient to many large changes in life conditions; apparently significant adverse events and conditions often inflict little or no hedonic damage. People with disabilities—such as those on dialysis, with lost limbs, or with colostomies—appear to show the same level of happiness or life-satisfaction as people without disabilities. The reason for these results is people’s power of adaptation. Adaptation has several sources, but it is often a product of attention: Most of the time, people go about their lives without attending to, or focusing on, adverse conditions, and hence those conditions …

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Without Limitation: 'Groundhog Day' For Incompetent Defendants, J. Amy Dillard Jul 2007

Without Limitation: 'Groundhog Day' For Incompetent Defendants, J. Amy Dillard

All Faculty Scholarship

This Article offers a brief overview of the standards for determining competency to stand trial. After examining the seminal case of Jackson v. Indiana, which held that the indefinite pre-trial detention of incompetent defendants violates due process, this Article argues that Virginia Code § 19.2-169.3, like statutes in twenty other states, violates a defendant's right to substantive due process, including the right to be free from forcible medication. This Article proposes legislation that will make the process constitutional, while addressing the concerns about the release of dangerous individuals held by the prosecutors and the community.

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Hope Vi Revitalization Grants: Weighing The Costs And Benefits, And Considering A Solution In The Context Of Liberty City, Miami, Ethan Barlieb Jul 2007

Hope Vi Revitalization Grants: Weighing The Costs And Benefits, And Considering A Solution In The Context Of Liberty City, Miami, Ethan Barlieb

University of Miami Business Law Review

No abstract provided.

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The Role Of Qui Tam Actions Under The False Claims Act In Preventing And Deterring Fraud Against Government, Dr. Carl Pacini, Michael Bret Hood Jul 2007

The Role Of Qui Tam Actions Under The False Claims Act In Preventing And Deterring Fraud Against Government, Dr. Carl Pacini, Michael Bret Hood

University of Miami Business Law Review

No abstract provided.

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’Don't Try This At Home’: Posner As Political Economist, Lior Strahilevitz Jul 2007

’Don't Try This At Home’: Posner As Political Economist, Lior Strahilevitz

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

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Privacy Versus Antidiscrimination, Lior Strahilevitz Jul 2007

Privacy Versus Antidiscrimination, Lior Strahilevitz

Coase-Sandor Institute for Law & Economics Research Paper Series

This essay argues that there is often an essential conflict between information privacy protections and antidiscrimination principles. Where information privacy law or practical obscurity deprives an employer of pertinent information about a job applicant, the employer often will rely more heavily on distasteful statistical discrimination strategies. For example, the existing empirical evidence suggests that criminal background checks may benefit African American male job applicants as a whole, by permitting employers to sort among ex-cons and those lacking criminal records. In the absence of accurate criminal history information, employers concerned about keeping ex-offenders out of their workplace appear to hire too …

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Water Wars -- Will Georgia, Alabama And Florida Ever Agree?, Peter A. Appel Jul 2007

Water Wars -- Will Georgia, Alabama And Florida Ever Agree?, Peter A. Appel

Popular Media

Associate Professor Peter Appel outlines the current status of the ongoing water wars between Georgia, Alabama and Florida.

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Rule 68 Offers Of Judgment: The Practices And Opinions Of Experienced Civil Rights And Employment Discrimination Attorneys, Thomas A. Eaton Jul 2007

Rule 68 Offers Of Judgment: The Practices And Opinions Of Experienced Civil Rights And Employment Discrimination Attorneys, Thomas A. Eaton

Popular Media

Hosch Professor Tom Eaton shares the results of a survey, conducted with Mercer University's George Professor Harold Lewis, on the use of Federal Rule 68 Offers of Judgment.

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The Cash Nexus, Carl E. Schneider Jul 2007

The Cash Nexus, Carl E. Schneider

Articles

Courts and legislatures have labored for decades to protect patients' choice of medical treatments, even though patients seize that gift less eagerly than lawmakers expect. Yet while courts have rushed to build the whited sepulchre of informed consent, they have fled from a related problem that patients actually yearn to solve and that actually can be ameliorated the plight of patients who perforce agree to a treatment before they know its costs and who receive a bill both unrelated to the treatment's value and several times what an insured patient would pay. Increasingly, patients must be consumers in the medical …

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