Law Commons^™

October 5, 2007: Hallowed Secularism's Contribution To Secularism, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism's Contribution to Secularism

The Ada Restoration Act Of 2007: Hearing Before The H. Subcomm. On Constitution, Civil Rights, And Civil Liberties Of The H. Comm. On The Judiciary, 110th Cong., Oct. 4, 2007 (Statement Of Statement Of Chai R. Feldblum, Prof. Of Law, Geo. U. L. Center), Chai R. Feldblum

Testimony Before Congress

No abstract provided.

A Rush To Condemn, Timothy Zick

Popular Media

No abstract provided.

Summary Of Clark Cty. Sch. Dist. V. Richardson Constr., 123 Nev. Adv. Op. 39, Danielle Tarmu

Nevada Supreme Court Summaries

Appeal from judgment awarding $225,000 to Richardson Construction and order imposing sanctions upon Clark County School District (hereinafter “CCSD”).

Please Don’T Feed The Homeless, Timothy Zick

Popular Media

No abstract provided.

October 3, 2007: Hallowed Secularism And The Wall Of Separation, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism and the Wall of Separation

The Glass Half Full: Envisioning The Future Of Race Preference Policies, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

Justice Breyer's concern that the Court's June 2007 ruling in Parents Involved in Community Schools v. Seattle School District. No. 1 "is a decision the Court and nation will come to regret" is not well founded. Far from limiting the constitutionally permissible use of race in education from its present restriction to higher education, the case may allow governmental entities to consider race as a factor to achieve diversity in grades K-12. In Parents Involved, which the Court decided with its companion case, McFarland v. Jefferson County Public Schools four justices concluded that school boards may never consider race when …

Outsiders Looking In: The American Legal Discourse Of Exclusion, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

In the first part of the article it is pointed out that during the last two hundred years our government has frequently enacted measures that unfairly burden certain social groups during times of crisis. The historical analysis set forth in Part II of this article reveals that adoption of such measures is usually justified by an appeal to national security. Thus, we have been told that we need to exclude some groups from the full protection of our laws in order to guarantee the safety of the rest of the populace. The rest of the article is dedicated to explaining …

Can You Have Your Cake And Eat It Too? Achieving Capital Gain Treatment While Keeping The Property, Ronald H. Jensen

Elisabeth Haub School of Law Faculty Publications

I will attempt to show in this article that the cases and rulings dispensing with the need for a sale or exchange are unjustified under the statutory scheme and prevailing capital gain jurisprudence, and further that such holdings constitute bad policy. Part II will set forth a number of examples, based largely on decided cases, where it has been held or contended that recoveries in excess of basis qualify for capital gain treatment even though the taxpayer did not sell or exchange the property. These cases will illustrate the contexts in which this issue arises and will provide a basis …

Is International Trade A Substitute For Migration?, Robert J. Carbaugh

All Faculty Scholarship for the College of Business

If a goal of immigration reform is to lessen the flow of unauthorized immigrants into the U.S., could international trade be used to deter immigration rather than adopting legal barriers? The purpose of this paper is to shed some light on this question by considering the theoretical foundations and empirical research regarding the connection between trade and migration.

Amicus (Fall 2007), University Of Colorado Law School

Amicus

Colorado Law has always been extremely proud of its alumni who choose to utilize their law degree to help serve the greater good. Acting as public servants, these graduates have chosen to eschew higher pay and better job security in favor of positively serving their communities. This issue shines a spotlight on a few of the many Colorado Law alumni who have chosen to walk this path.

Featured in this issue:

• Jean Garland ‘82
• Patricia Moore ‘92
• J. Wells Dixon ‘99
• William Hybl ‘67
• An editorial from professor Deborah Cantrell

Do Investors In Controlled Firms Value Insider Trading Laws? International Evidence, Laura N. Beny

Law & Economics Working Papers Archive: 2003-2009

This article characterizes insider trading in controlled firms as an agency problem. Using a standard agency model of corporate value diversion through insider trading by a controlling shareholder, I derive testable hypotheses about the relationship between corporate value and insider trading laws. The article tests these hypotheses using cross-sectional data on firms from a group of developed countries. The results show that stringent insider trading laws and enforcement are associated with greater corporate valuation among firms in common law countries, a result that is consistent with the claim that insider trading laws can mitigate agency costs. In contrast, insider trading …

A Legal Miscellanea: Volume 4, Number 2, Jacob Burns Law Library George Washington University Law School

A Legal Miscellanea: Archives (Print)

A Newsletter for the Friends of the Jacob Burns Law Library, highlighting the Library's collections, services, recent acquisitions, events and exhibits.

The Forum (Volume 37, Number 2), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

The Limits Of Group Rights: Religious Institutions And Religious Minorities In International Law, Bernadette A. Meyler

Cornell Law Faculty Publications

Scholars and advocates of religious liberty within the United States are beginning to suggest that our constitutional discourse has focused too intently on individual rights and that our attention should now turn to the interests of religious institutions and the notion of church autonomy. The reoriented jurisprudence encouraged by such proposals is not without parallel in other national contexts, including those of Europe. Heeding calls to attend to church autonomy could thus bring the United States into closer harmony with its European counterparts. Placing priority on church autonomy might, however, generate unforeseen obstacles to the exercise of religious liberty. In …

Mid-Atlantic Ethics Committee Newsletter, Fall 2007

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds

Faculty Scholarship

The State of Maryland and the attorneys who practice in it have played a profound role in the history of the Constitution of the United States. That relationship should not surprise anyone: after all, Maryland was one of the original thirteen states, and its proximity to the nation’s capitol ensured that its lawyers would play an active role in the bar of the Supreme Court. Although the case names alone would make that history apparent – McCulloch v. Maryland, Brown v. Maryland, Federal Baseball – I am not aware of a serious scholarly effort to bring that history to the …

C-Drum News, V. 1, No. 1, Fall 2007

The C-DRUM News

No abstract provided.

Irish Law 2007, Notre Dame Law School

About the Law School

Dear Notre Dame Law School Class of 2010, Welcome as a potential student to Notre Dame Law School! We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were just a couple of years ago, you probably have plenty of questions about law school and Notre Dame. That's why we've prepared the Guide. We hope it will answer many of your questions and that it will provide a window into Notrt;: Dame Law School. We also hope that …

Ilsa Journal Of International And Comparative Law-Volume 14-2007-2008, Jennifer Lucas Keesler, Rachel Perez, Joanne Torrey, David Ehrlich, Lazaro Vazquez, Vanessa Serrano, Michelle Santos, Joshua Kon, Gabriela Prado, Jessica Reyes, Brooke Guenot, Kaivon Yazdani

ILSA Journal Mastheads

No abstract provided.

Volume 31, Issue 2 (Fall 2007)

Transcript

No abstract provided.

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

Scholarly Works

The first Chinese law focusing specifically on property rights became effective on October 1, 2007, which means that China's breakneck real estate development before that date occurred in a nation with no published law of real estate. Thus those who have been buying, selling, and lending against Chinese real estate have been operating in a world of significant legal uncertainty. Even with the new code, property law as it is practiced is likely to diverge significantly from the published rules.

This Article examines Chinese mortgage law as it actually operates in the field, focusing on both legal and business issues. …

The Low Road To Cy Pres Reform: Principled Practice To Remove Dead Hand Control Of Charitable Assets, Rob Atkinson

Scholarly Publications

No abstract provided.

Baselines Newsletter, No. 1, Fall 2007, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.

Mexico's Implementation Of The Biodiversity Convention And The Catagena Protocol In The Gmo Era: Challenges In Principles, Policies, And Practices, Juan Antonio Herrera

PhD Dissertations

Recent developments in genetic modification and the use of Living Modified Organisms (LMOs) in agriculture have ignited a debate over the potential effects of these organisms on biological diversity. This controversy materializes in the clash between the international environmental and trade regimes. Multilateral Environmental Agreements (MEAs), such as the 1992 Convention on Biological Diversity (CBD) focus on the preservation of biological diversity and, in the case of the Cartagena Protocol on Biosafety (Cartagena Protocol), the safe transfer of LMOs. These Agreements encourage States to base national decisions to allow LMO imports on environmental and risk assessments using the precautionary principle. …

Eesi Newsletter, No. 3, Oct. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder)

EESI: The Energy & Environmental Security Initiative [Newsletter] (2007)

No abstract provided.

Successor Liability In Pennsylvania, George Kuney

Scholarly Works

No abstract provided.

Vol. 24, No. 4, Sara D. Jay, Patricia J. Aletky Ph.D, L.P.

The Illinois Public Employee Relations Report

Contents:

Psychological Evaluation in Labor Arbitration, by Sara D. Jay and Patricia J. Aletky

Recent Developments

Further References, compiled by Yoo-Seong Song

Guns And Gay Sex: Some Notes On Firearms, The Second Amendment, And 'Reasonable Regulation', Glenn Harlan Reynolds

Scholarly Works

In light of the Supreme Court's grant of certiorari in Heller v. District of Columbia, this Essay contains some thoughts inspired by Adam Winkler's "Scrutinizing the Second Amendment," 105 Mich. L. Rev. 683 (2007). Winkler argues, correctly, that judicial acceptance of an individual-rights interpretation of the Second Amendment would not end all firearms regulation. However, Winkler's understanding of what constitutes "reasonable regulation" is excessively broad. In "Guns and Gay Sex," I look at two overlapping lines of Tennessee cases on the right to arms and the right to privacy and conclude that even a "reasonable regulation" model of the right …

The Collective Right Of Indigenous Peoples To Self-Determination In Accordance With The United Nations Declaration On The Rights Of Indigenous Peoples, Lena-Katharina Skandera

Independent Study Project (ISP) Collection

The Declaration on the Rights of Indigenous Peoples was adopted by the General Assembly on 13 September 2007, after more than twenty years of negotiations between states, indigenous representatives, lawyers, and academics. Although the resulting document is controversial and complex in its treatment of several important issues, its ambiguous characterization of the collective legal right of indigenous peoples to self-determination has been chosen as the focus of this work because it is the primary right from which all other rights, and problems, are derived. The work commences with a critique of the position held by certain states that the categorization …