Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2007

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 421 - 450 of 10546

Full-Text Articles in Law

Presenter, “The Bca And The Ncaa: How Title Vii May Level The Playing Field In The Collegiate Coaching Ranks”, N. Jeremi Duru Nov 2007

Presenter, “The Bca And The Ncaa: How Title Vii May Level The Playing Field In The Collegiate Coaching Ranks”, N. Jeremi Duru

Presentations

In January 2007, only 5% of the 119 head coaches in Division I-A college football teams were minorities. This number is startling in light of the fact that in National Collegiate Athletic Association (NCAA) football teams 55% of the student-athletes are from minority groups. Even the president of the NCAA, Myles Brand, has stated that this organization has had a “dismal record of hiring people of color into head coaching positions, especially in the sport of football.” The disparity between the numbers of coaches and players has prompted an action brought by the Black Coaches & Administrators (BCA). The BCA …


How To Solve (Or Avoid) The Exactions Problem, Richard A. Epstein Nov 2007

How To Solve (Or Avoid) The Exactions Problem, Richard A. Epstein

Missouri Law Review

It is my great honor to deliver the Earl F. Nelson lecture for the year 2007. I have never met Mr. Nelson, but I have looked at the roster of distinguished people who have spoken in this lecture series, and I am pleased to have my name added to such an august list. I would also like to add my tribute to Dale Whitman, to whom this Conference has been dedicated. I regard him as a one-man version of Mr. Inside and Mr. Outside, a reference to - for those of you who remember - the old Army teams from …


Real Estate Practice In The Twenty-First Century, Ann M. Burkhart Nov 2007

Real Estate Practice In The Twenty-First Century, Ann M. Burkhart

Missouri Law Review

The next century will bring profound changes in real estate law and in the ways that it is practiced. This prediction may seem rather unremarkable for any area of law or for almost any other area of human endeavor. But the changes in real estate law will be exceptional because of their relative rapidity and comprehensiveness. Real estate law, perhaps more than any other area, has changed very slowly since the beginning of the common law legal system. The mortgage, which will be the engine for this century's developments, is a particularly striking example of this slow rate of evolution.' …


Trust And Community: The Common Interest Community As Metaphor And Paradox, Paula A. Franzese, Steven Siegel Nov 2007

Trust And Community: The Common Interest Community As Metaphor And Paradox, Paula A. Franzese, Steven Siegel

Missouri Law Review

This Article explores the power of trust to shape where we live and how we live. It aims to provide a new set of first principles to reshape the common interest community (CIC) paradigm, so that the promise of social trust, rather than control and punishment, can enhance the cultural and economic success of this Goliath of residential living.


From One Pocket To The Other: The Abuse Of Real Estate Investment Trusts Deductions, Jennifer Stonecipher Nov 2007

From One Pocket To The Other: The Abuse Of Real Estate Investment Trusts Deductions, Jennifer Stonecipher

Missouri Law Review

Many large, multi-state retailers and banks have been acting as their own landlord by paying rent to themselves. Sophisticated corporate tax strategists have employed a method of avoiding state taxes by using a real estate investment trust (REIT) to "own" its real estate. The retailer or bank then pays rent to the REIT, which then turns the money over to a holding company. The rent money ends up back in the hands of the corporate parent, without being subject to state income tax along the way. Although this tax loophole has been closed by the federal government, the strategy is …


Defusing The Bomb: The Scope Of The Federal Explosives Statute, Peter Moreno Nov 2007

Defusing The Bomb: The Scope Of The Federal Explosives Statute, Peter Moreno

Washington Law Review

A federal statute, 18 U.S.C. § 844(h)(2) (2000), imposes a mandatory ten-year term of imprisonment on anyone who "carries an explosive during the commission of any felony which may be prosecuted in a court of the United States." The United States Courts of Appeals are split over whether the statute must be read to include a relational element such that the crime is carrying explosives in relation to another felony. The Third, Fifth, and Sixth Circuits have rejected the notion that the statute contains such an implicit limitation. In contrast, the Ninth Circuit recently held that the application of § …


Foreword, Christina Clemm Nov 2007

Foreword, Christina Clemm

San Diego International Law Journal

Regulation of global networks, human rights concerns, the effect of violence on children, and the regulatory authority of bodies like the WTO are also issues that no country can ignore. These topics in particular are highlighted in the 9th volume of the San Diego International Law Journal. However, like the subprime mortgage crisis, they are but a few of the important international issues facing the world.


Slayers And Soldiers: The Validity And Scope Of The Slayer's Rule Under The Family Servicemembers' Group Life Insurance Act, Rebecca Blasco Nov 2007

Slayers And Soldiers: The Validity And Scope Of The Slayer's Rule Under The Family Servicemembers' Group Life Insurance Act, Rebecca Blasco

Washington Law Review

The "slayer's rule"—a common law doctrine—precludes a murderer from financially benefiting from the victim's death by denying him or her the right to proceeds from the victim's life insurance policy. Some jurisdictions have extended this rule to disqualify the slayer's exclusive family members from receiving the victim's insurance proceeds as beneficiaries. Exclusive family members are those either not related to the victim or related to the victim only by marriage. The slayer's rule applies to federal group life insurance policies, such as the Servicemembers' Group Life Insurance Act (SGLI), which provides life insurance to servicemembers. Spouses and dependent children of …


The First Two Years Of Housing First In Quincy, Massachusetts: "This Place Gives Me Peace, Happiness, And Hope", Tatjana Meschede Nov 2007

The First Two Years Of Housing First In Quincy, Massachusetts: "This Place Gives Me Peace, Happiness, And Hope", Tatjana Meschede

Center for Social Policy Publications

Housing First is a housing and support services program that attempts to move the most disabled homeless people directly to housing prior to treatment, using housing as the transforming element to support participation in treatment. This approach does not require sobriety or participation in long-term treatment programs unlike the traditional continuum of care approach. Promising results have been demonstrated in a number of projects using this model (Tsemberis & Eisenberg, 2000).

For the past ten years, Father Bill’s Place (FBP), a homeless shelter and housing program in Quincy, Massachusetts, has moved steadily towards providing permanent housing with supportive services, rather …


The Tragedy Of The Human Commons, Ronen Avraham, K. A. D. Camara Nov 2007

The Tragedy Of The Human Commons, Ronen Avraham, K. A. D. Camara

Cardozo Law Review

No abstract provided.


Implementing The Death Penalty: The Moral Implications Of Recent Advances In Neuropsychology, Peggy Sasso Nov 2007

Implementing The Death Penalty: The Moral Implications Of Recent Advances In Neuropsychology, Peggy Sasso

Cardozo Law Review

No abstract provided.


Reinventing Appellate Jurisdiction, Adam N. Steinman Nov 2007

Reinventing Appellate Jurisdiction, Adam N. Steinman

Faculty Scholarship

Appellate jurisdiction in the federal system has been properly criticized for both its doctrinal incoherence and its procedural complexity. Although these critiques are well-founded, this Article reveals that, as applied in practice, federal courts have drawn sensible lines between interlocutory orders that are immediately appealable and those that are not. A limited category of interlocutory orders, primarily those rejecting immunities from suit, are immediately appealable as of right. All other interlocutory orders are potentially eligible for discretionary appellate review. The doctrinal morass of the present framework, however, has obscured this basically sensible structure and has led to inefficient procedures for …


Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman Nov 2007

Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman

Cardozo Law Review

No abstract provided.


Sarbanes-Oxley: The Evidence Regarding The Impact Of Sox 404, Robert Prentice Nov 2007

Sarbanes-Oxley: The Evidence Regarding The Impact Of Sox 404, Robert Prentice

Cardozo Law Review

No abstract provided.


Boundaries Of Exclusion, Geogrette Chapman Phillips Nov 2007

Boundaries Of Exclusion, Geogrette Chapman Phillips

Missouri Law Review

This article is a story about boundaries and exclusion and about how - or whether - there is a community based right to exclude nonresidents. The right of the individual to own property, to defend that property and to exclude others from entering that property are sticks in the bundle of rights enshrined in US property law. The limitations on that exclusion are determined by the creation of a legally defined property line that bounds these rights. That part of our story is relatively straightforward. However, we do not live our lives in isolation. We surround ourselves with a chosen …


Teaching Property - A Conceptual Approach, Dale A. Whitman Nov 2007

Teaching Property - A Conceptual Approach, Dale A. Whitman

Missouri Law Review

The property course has shrunk. This fact is well-documented, and is obvious to anyone who has taught the course over any appreciable length of time. For many decades, Property received six credits in most law schools - typically three in the Fall and three in the Winter semester of the first year. Now, few schools give the course more than four or five credits, and some have cut it to three. The change seems to have occurred mainly over the last two decades. While it is doubtful that many Property teachers would have chosen this reduction, it is now an …


Blinking On The Bench: How Judges Decide Cases, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich Nov 2007

Blinking On The Bench: How Judges Decide Cases, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich

Cornell Law Faculty Publications

How do judges judge? Do they apply law to facts in a mechanical and deliberative way, as the formalists suggest they do, or do they rely on hunches and gut feelings, as the realists maintain? Debate has raged for decades, but researchers have offered little hard evidence in support of either model. Relying on empirical studies of judicial reasoning and decision making, we propose an entirely new model of judging that provides a more accurate explanation of judicial behavior. Our model accounts for the tendency of the human brain to make automatic, snap judgments, which are surprisingly accurate, but which …


The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles Nov 2007

The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles

Cornell Law Faculty Publications

No abstract provided.


Do Juries Add Value? Evidence From An Empirical Study Of Jury Trial Waiver Clauses In Large Corporate Contracts, Theodore Eisenberg, Geoffrey P. Miller Nov 2007

Do Juries Add Value? Evidence From An Empirical Study Of Jury Trial Waiver Clauses In Large Corporate Contracts, Theodore Eisenberg, Geoffrey P. Miller

Cornell Law Faculty Publications

We study jury trial waivers in a data set of 2,816 contracts contained as exhibits in Form 8-K filings by reporting corporations during 2002. Because these contracts are associated with events deemed material to the financial condition of SEC-reporting firms, they likely are carefully negotiated by sophisticated, well-informed parties and thus provide presumptive evidence about the value associated with the availability of jury trials. A minority of contracts, about 20 percent, waived jury trials. An additional 9 percent of contracts had arbitration clauses that effectively preclude jury trials though the reason for arbitration clauses need not specifically relate to juries. …


Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe Nov 2007

Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe

Cornell Law Faculty Publications

This Article addresses the prospects of liberal democracy in non-Western societies. It focuses on South Africa, one of the newest and most admired liberal democracies, and in particular on its efforts to recognize indigenous African traditions surrounding witchcraft and related occult practices. In 2004, Parliament passed a law that purports to regulate certain occult practitioners called traditional healers. Today, lawmakers are under pressure to go further and criminalize the practice of witchcraft itself. This Article presses two arguments. First, it contends that the 2004 statute is compatible with liberal principles of equal citizenship and the rule of law. Second, it …


Risks And Realities Of Mezzanine Loans, Andrew R. Berman Nov 2007

Risks And Realities Of Mezzanine Loans, Andrew R. Berman

Missouri Law Review

This article is a first step in evaluating and discussing some of the hazards, legal risks and uncertainties inherent in mezzanine financings and the way in which the market fails to adequately take these factors into account. In Part II, I describe the legal background and structure of mezzanine loans. Part III focuses on the risks and realities of mezzanine loans. In particular, I describe some of the difficulties in perfecting a security interest in, and foreclosing upon, mezzanine loan collateral. In Part IV, I argue that the recent subprime mortgage crisis offers a cautionary tale for many of the …


Fannie Mae/Freddie Mac Uniform Mortgage Instruments: The Forgotten Benefit To Homeowners, Julia Patterson Forrester Nov 2007

Fannie Mae/Freddie Mac Uniform Mortgage Instruments: The Forgotten Benefit To Homeowners, Julia Patterson Forrester

Missouri Law Review

Part II of this Article discusses Fannie Mae and Freddie Mac, their creation and evolution, their current role in the secondary market, and the development and current use of the Fannie Mae/Freddie Mac standardized forms. Part III looks at these uniform mortgage instruments in detail, and compares them to other residential loan documents and to commercial mortgage loan documents. Part III also considers typical terms of other consumer transactions that are not so balanced and explores how the problems that consumers face in choosing consumer credit make loan documents with fair terms particularly beneficial to consumers. Part IV discusses current …


Foreclosure Purchase By The Equity Of Redemption Holder Or Other Junior Interests: When Should Principles Of Fairness And Morality Trump Normal Priority Rules, The, Grant S. Nelson Nov 2007

Foreclosure Purchase By The Equity Of Redemption Holder Or Other Junior Interests: When Should Principles Of Fairness And Morality Trump Normal Priority Rules, The, Grant S. Nelson

Missouri Law Review

The foregoing leads to the major question posed by this paper - when should the logic of mortgage foreclosure law and its priority rules be trumped by an overriding concern for fairness and morality? This question is uniquely suited to a symposium dedicated to Dale Whitman's career as a teacher and scholar. This paper examines this question in two distinct contexts. In Part II of this paper, the focus is on whether the mortgagor or other holder of the equity of redemption 7 who purchases the property at the foreclosure sale of a senior lien acquires a title free and …


Thank You, Dale, R. Wilson Freyermuth Nov 2007

Thank You, Dale, R. Wilson Freyermuth

Missouri Law Review

Often in symposium issues, it is customary for the organizer to prepare a foreword that introduces each author and presents a brief synopsis of each article. As is true for most symposia, the authors in this issue (and their articles) are worthy of such praise and attention. I hope you will read and enjoy each of the articles, but this foreword is not going to summarize or describe them. Instead, with the indulgence of the other authors, this foreword will focus on Dale Whitman - in whose honor these articles were prepared and presented at the University of Missouri-Columbia School …


Mortgage Law In China: Comparing Theory And Practice, Gregory M. Stein Nov 2007

Mortgage Law In China: Comparing Theory And Practice, Gregory M. Stein

Missouri Law Review

This Article examines Chinese mortgage law as it actually operates in the field, focusing on both legal and business issues. During the summer of 2005, I interviewed dozens of Chinese and Western lawyers, bankers, real estate developers, government officials, judges, economists, real estate consultants, law professors, business professors, real estate agents, law students, and recent homebuyers. Their comments offer reliable insights into how China's real estate markets truly function. The discussion that follows draws on these conversations to examine China's budding mortgage law practices, including how they developed, how they comport with or differ from written laws, and what questions …


In Re N.L.B. V. Lentz: The Missouri Supreme Court's Unwarranted Extension Of A Putative Father's Constitutional Protections, Lauren Standlee Nov 2007

In Re N.L.B. V. Lentz: The Missouri Supreme Court's Unwarranted Extension Of A Putative Father's Constitutional Protections, Lauren Standlee

Missouri Law Review

In Lentz, the Missouri Supreme Court granted an unwed father leave to intervene in an adoption, despite the fact that he had failed to bring himself into the realm of constitutionally protected putative fathers. This note explains why the holding of the Lentz court subverted the intent of Missouri's adoption statutes and its putative father registry, and argues that an unwed biological father who has not filed a valid paternity action, registered with the putative father registry, or demonstrated a substantial commitment to the responsibilities of parenthood should not be entitled to the additional constitutional protections available to diligent putative …


Why Mortgagors Can't Get No Satisfaction, R. Wilson Freyermuth Nov 2007

Why Mortgagors Can't Get No Satisfaction, R. Wilson Freyermuth

Missouri Law Review

This article addresses current law governing mortgage satisfaction, the need for effective reform, and the extent to which URMSA provides (or fails to provide) that reform. Part II briefly describes the transformation of the modem mortgage transaction - from its traditional "local" character to the modem development of the "national" mortgage market - and the implications of this transformation for the way in which satisfaction of mortgages occurs. Part III discusses the current patchwork of state law mortgage satisfaction provisions, emphasizing how these provisions have not kept pace with the transformation of the mortgage market, how the lack of uniformity …


Doctrines Of Waste In A Landscape Of Waste, John A. Lovett Nov 2007

Doctrines Of Waste In A Landscape Of Waste, John A. Lovett

Missouri Law Review

While I do not deny that classic waste cases - conflicts between life tenants and future interest holders over alleged instances of voluntary waste - are less common today than they used to be (but perhaps not as uncommon as some might think), my goals in this article are to reawaken readers to the importance of waste doctrine, to suggest that the great days of waste may not be completely in the past, to recommend some new uses for waste cases as teaching tools, and generally to urge a renewed appreciation for waste - an appreciation that Dale Whitman, for …


Tipping Point: Missouri Single Subject Provision, Alexander R. Knoll Nov 2007

Tipping Point: Missouri Single Subject Provision, Alexander R. Knoll

Missouri Law Review

The Missouri single subject provision, which requires that each bill enacted by the Missouri Legislature contain a single subject, is one of the great equalizers in backroom politics. Simply put, it is a hurdle that prevents legislators from hijacking the legislative process by attaching an unrelated provision to a proposed bill. This is a practice that many of our Federal legislators find to be a daily occurrence, but one that our state politicians are prevented from doing under the single subject provision of the Missouri Constitution. However, even with the broad prohibition outlined in the single subject provision, for the …


Slurred Speech And Double Vision: Missouri's Supreme Court Is Unsteady On Dwi Standard, Alison K. Spinden Nov 2007

Slurred Speech And Double Vision: Missouri's Supreme Court Is Unsteady On Dwi Standard, Alison K. Spinden

Missouri Law Review

Supreme Court Justice Potter Stewart observed that "[t]he art of being a judge, if there is such an art, is in announcing clear rules in the context of... infinitely varied cases, rules that can be understood and observed by conscientious government officials. This might be excellent advice for Missouri's judges to consider. After nearly fifteen years of struggling to formulate the proper standard for appellate review of a trial court's finding of probable cause, courts appear to be as unsettled on the issue as ever. In no context is this clearer than in cases involving charges of driving while intoxicated …