Law Commons^™

Georgia's Noble Revolution: Three Governors, Two Armies, The Georgia Supreme Court, And The Gubernatorial Election Of 1946, Lucian E. Dervan

Law Faculty Scholarship

In 1946, the governor-elect of Georgia died, sparking a constitutional battle that brought a state government to its knees and a state supreme court to the height of its power. As two armies drew up on the streets of Atlanta, fights erupted in the executive offices and two men stood head to head in a battle for the vacant governor's seat. Into this fray, however, came the rule of law in the form of the state courts, and what may have swelled into an armed conflict of unseen proportions in twentieth century American politics ended with the stirring strike of …

Plea Bargaining's Survival: Financial Crimes Plea Bargaining, A Continued Triumph In A Post-Enron World, Lucian E. Dervan

Law Faculty Scholarship

This article examines the war on financial crimes that began after the collapse of Enron in 2001. Although many believed that the reforms implemented following this scandal led to greater prosecutorial focus on financial crimes and longer prison sentences, an analysis of data from 1995 through 2006 reveals that little has actually changed. The statistics demonstrate that the government's focus on financial crimes has not increased and prison sentences for fraud have remained stagnant. How could this be the case? It is this author's hypothesis that although prosecutors could have chosen to use new statutes and amendments to the United …

Causation Requirements In Tort And Insurance Law Practice: Demystifying Some Legal Causation Riddles, Peter N. Swisher

Law Faculty Publications

Legal causation requirements, in both tort and insurance law, rank among the most pervasive yet most elusive and most misunderstood of all legal concepts in Anglo-American law for legal practitioners, the courts,' and academic scholars alike. Indeed, no less an authority than William Lloyd Prosser has stated that there "is perhaps nothing in the entire field of law which has called forth more disagreement, or upon which the opinions are in such a welter of confusion" than proximate cause issues, "despite the manifold attempts which have been made to clarify the subject."

Although some commentators have looked upon legal causation's …

Rethinking Student Press In The 'Marketplace Of Ideas' After Hosty: The Argument For Encouraging Professional Journalistic Practices, Jacob H. Rooksby

Law Faculty Publications

On February 21, 2006, the Supreme Court denied certiorari to Margaret L. Hosty, Jeni S. Porche, and Steven P. Barba, former student editors and staff writers of Illinois’ Governors State University (“GSU”) student newspaper, the Innovator. By denying their petition, the Court effectively ended the trio’s five-year legal battle in which they sought 42 U.S.C. § 1983 relief from Patricia Carter, Dean of Students at GSU. The students had argued that Dean Carter’s actions, which effectively required that they submit prospective issues of the Innovator to her office for administrative approval before going to press, violated their First Amendment …

Originalism, Popular Sovereignty And Reverse Stare Decisis, Kurt T. Lash

Law Faculty Publications

Although all interpretive methods must grapple with the issue of stare decisis, the issue is particularly acute for originalists due to the potentially radical discontinuity between original meaning and modern doctrine. An unmediated enforcement of original understanding of the Constitution would likely reverse countless precedents and impose unacceptably high costs in terms of the rule of law. On the other hand, upholding a precedent despite its variance with the original understanding undermines the very legitimacy of legal review according to most theories of originalism. Focusing on the most common normative basis for originalism, popular sovereignty, the article identifies those cases …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2007, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

The Order-Of-Battle In Constitutional Litigation, Michael L. Wells

SMU Law Review

No abstract provided.

Ron Coffey- A Student's Appreciation, Kenneth B. Davis Jr.

Case Western Reserve Law Review

No abstract provided.

The Right Of Publicity And Fantasy Sports: Why The C.B.C. Distribution Court Got It Wrong, David G. Roberts

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 58 Issue 2 (2007)

Case Western Reserve Law Review

No abstract provided.

Volume 57 Issue 3 (2007), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 57 Issue 4 (2007)

Case Western Reserve Law Review

No abstract provided.

Does "Second" Mean Second: Examining The Split Among The Circuit Courts Of Appeals In Interpreting Aedpa's "Second Or Successive" Limitations On Habeas Corpus Petitions, Mark T. Pavkov

Case Western Reserve Law Review

No abstract provided.

What You Should Know Before You Leave The System, Dale Margolin Cecka

Law Faculty Publications

Discharging young people from foster care with no place to go, no source of income, and no health insurance is not just wrong-it's illegal. Although every state's laws are different, all states have an obligation to make sure you are able to live on your own before forcing you to leave the foster care system. In New York, you can remain in foster care until you are 21. However, once you turn 18, you must agree to remain in care by either signing an agreement or telling the judge in court that you want to stay in care. You cannot …

The Guantanamo Three Step, Joseph Blocher

Faculty Scholarship

No abstract provided.

Reforming Federal Personal Injury Litigation By Incorporation Of The Procedural Innovations Of Scotland And Ireland: An Analysis And Proposal, Daniel H. Erskine

Cardozo Journal of International and Comparative Law

Federal procedure has embraced the referral of civil cases outside the court system to alternative dispute resolution. This article argues that by utilizing courts to settle cases through civil procedure, courts realize their central role in ensuring the quality of settlements produced through the judicial administration of justice. The purpose of this article is to provide litigants with an optional procedure to expeditiously resolve federal personal injury cases. The system proposed in this article incorporates Scottish and Irish civil procedural reforms into a coherent method for judicial officers to declare the settlement value of a personal injury action without referring …

Polluting Medical Judgment? False Assumptions In The Pursuit Of False Claims Regarding Off-Label Prescribing, Sandra H. Johnson

All Faculty Scholarship

Over half of the FDA-approved prescription medications taken by patients are prescribed for a different purpose, in a higher or lower dose, for a discrete population, or over a longer period of time than that for which the drug was approved. Safety and efficacy concerns attract the most attention; but critical benefits in fostering innovation and providing patients with medications that may be uniquely effective for them are often overlooked.

The current dominant public policy response to off-label prescribing addresses this practice as a particular breed of financial conflicts of interest in which pharmaceutical firms pollute medical judgment by appealing …

Plea-Bargaining, Negotiating Confessions And Consensual Resolution Of Criminal Cases, Stephen C. Thaman

All Faculty Scholarship

This report explores the various types of consensual procedures that make up the procedural arsenals of modern criminal justice systems and if and how they have contributed to procedural economy in the respective country. It discusses whether or not important procedural principles have been compromised, undermining the legitimacy of the criminal justice system.

An Analysis Of The West Point Leadership And Command Program's Impact Upon Law Enforcement Leadership, Joseph Aloysuis Devine

Seton Hall University Dissertations and Theses (ETDs)

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Securities Regulation, George L. Flint Jr.

SMU Law Review

No abstract provided.

A Free Bird Sings The Song Of The Caged: Southwest Airlines' Fight To Repeal The Wright Amendment, John Grantham

Journal of Air Law and Commerce

No abstract provided.

Jack Mylan - An Appreciation For A Job Well Done, C. Paul Rogers Iii

SMU Law Review

No abstract provided.

Revealing Zion's Daughters: Women In Puritan Jurisprudence, Brett Jackson

The Gettysburg Historical Journal

The legal status of American women has consistently been portrayed as a linear progression flowing from a colonial jurisprudential repression and exclusion to a modern-day legal equity and a female influence within every aspect of justice. In this narrative of sequentially gained status, seventeenth-century Puritan law has stood as the exemplar of America’s most repressive jurisprudential treatment of women. However, when its characteristics are triangulated and its subordination of women is juxtaposed with its inclusion of a female voice, a new conception of America’s first legal system is seen. The notion of a linear progression is thus replaced with an …

The Priority Of The Person: Some Critical Challenges Facing International Human Rights In The Next Generation, Paolo G. Carozza

Book Chapters

From the Introduction

One of the great pleasures for me of teaching regularly at ASERI has been the chance to interact with a marvellous cross-section of young people from all of Europe and beyond. In them I have found a hope, enthusiasm, openness and dynamism that transcends their languages and nationalities. One can only hope that they will keep those qualities alive as they are called to face the challenges that the world of international affairs will bring to their generation, demands that will be as multifaceted and cross-cultural as they themselves are. Many of the issues that they will …

Remarks Upon Receiving The Cardinal Wright Award, Gerry V. Bradley

Book Chapters

Gerard V. Bradley accepts the Cardinal Wright Award at the Proceedings from the 28th Annual Convention of the Fellowship of Catholic Scholars, September 23~25, 2005, Charlotte, North Carolina.

Layered Rights: Robertson V. Thomson, Gregory R. Hagen

Canadian Journal of Law and Technology

In Robertson v. Thomson Corp., the Supreme Court of Canada (‘‘ the Court ’’) considered ‘‘ whether newspaper publishers are entitled as a matter of law to republish in electronic databases freelance articles they have acquired for publication in their newspapers — without compensation to the authors and without their consent’’. Curiously, while deciding that publishers are not entitled to reproduce the individual articles without the consent of the freelancers, it also held that the publishers do have a right to reproduce the articles in a CD- ROM database ‘‘as a part of those collective works — their newspapers . …

Sussidiarietà E Sovranità Negli Ordinamenti Sovranazionali, Paolo G. Carozza

Book Chapters

From the Introduction
Chapter 6

La tensione fra unità e diversità è inevitabile in qualsiasi contesto multinazionale che riunisca molteplici organizzazioni in un unico ente. Un esempio, anche se non certo l’unico, è l’Unione Europea, il cui motto «unità nella diversità» esplicita questa tensione. La leg-ge costituzionale dell’Unione Europea, come la legge internaziona-le e la politica in generale, nel mediare tra le due opposte tendenze si è basata principalmente sul concetto di sovranità. Scopo di que-sto contributo è argomentare come il principio di sovranità sia ina-deguato allo scopo di riconciliare pluralismo e unità, mentre il prin-cipio di sussidiarietà possa rappresentare …

From The Dead Hand To The Living Dead: The Conundrum Of Charitable-Donor Standing, Evelyn Brody

Georgia Law Review

This Article examines the current confused state of the law that applies to the private enforcement of restricted charitable gifts, and describes the first steps toward a tailored legal regime that appears in the American Law Institute's draft project on Principles of the Law of Nonprofit Organizations,for which this author is reporter. That regime addresses not only standing, but also proposals for notification of the attorney general, time limits on private (but not attorney general) enforcement, and a circumscription of appropriate remedies in order to protect the charity. Several of the issues, however, will likely require a legislative solution.

Unplugging The Cable Franchise: A Regulatory Framework To Promote The Iptv Cable Alternative, Thomas Hildebrand

Georgia Law Review

Internet Protocol Television (IPTV) is a new technology that promises to revolutionize the cable television industry. IPTV combines digital video technologies decades in development with the many advantages of Internet delivery, including cost and interactivity. The characteristics of IPTV that distinguish it from conventional cable television raise many regulatory questions. It is clear, however, that the decades-old cable franchising system, along with other cable-specific regulations, are a poor fit for IPTV. Wholesale application of these regulations could stifle the deployment of IPTV technology. Recently, telecommunications companies have begun rolling out competitive cable systems using IPTV over local telephone networks. To …

Open Source Biology: A Means To Address The Access & Research Gaps, Katherine M. Nolan-Stevaux

Santa Clara High Technology Law Journal

No abstract provided.