Law Commons^™

Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom

Robert Bloom

No abstract provided.

The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom

Robert Bloom

No abstract provided.

Jury Trial In Japan, Robert Bloom

Robert Bloom

No abstract provided.

Ssrn As An Initial Revolution In Academic Knowledge Aggregation And Dissemination, David Bray, Sascha Vitzthum, Benn Konsynski

Sascha Vitzthum

Within this paper we consider our results of using the Social Science Research Network (SSRN) over a period of 18 months to distribute our working papers to the research community. Our experiences have been quite positive, with SSRN serving as a platform both to inform our colleagues about our research as well as inform us about related research (through email and telephoned conversations of colleagues who discovered our paper on SSRN). We then discuss potential future directions for SSRN to consider, and how SSRN might well represent an initial revolution in 21st century academic knowledge aggregation and dissemination. Our paper …

Washing The Fourth Amendment Away, Timothy O'Neill

Timothy P. O'Neill

The Case For Collaborative Tools: Long Distance Teamwork On A Shoestring Budget, Jessica De Perio Wittman, Lucie Olejnikova

Jessica de Perio Wittman

An article written on how to create podcasts using readily-available technology, and how to use these podcasts in legal education.

Towards Self-Organizing, Smart Business Networks: Let’S Create ‘Life’ From Inert Information, David Bray, Benn Konsynski

David A. Bray

We review three different theories that can inform how researchers can determine the performance of smart business networks, to include: (1) the Theory of Evolution, (2) the Knowledge-Based Theory of the Firm, and (3) research insights into computers and cognition. We suggest that each of these theories demonstrate that to be generally perceived as smart, an organism needs to be self-organizing, communicative, and tool-making. Consequentially, to determine the performance of a smart business network, we suggest that researchers need to determine the degree to which it is self-organizing, communicative, and tool-making. We then relate these findings to the Internet and …

United States Of America V. Robert Jared Smith, A/K/A J-Dog, Appeal From The United States District Court For The Southern District Of West Virginia, Margaret M. Lawton

Margaret M. Lawton

No abstract provided.

The Role Of Science And Engineering In Water Regulation Over The Past 100 Years, James R. May, Patrick Clary

James R. May

This article explores how scientific and engineering principles are inexorably linked to the regulation of water. Scientists and engineers first discovered the link between disease and water sources in the mid-19th century. Over the years, scientists and engineers have led the way to identifying water quality problems and their causes. These discoveries have directly contributed to the scope of water regulation in the United States and elsewhere. In addition, changes in water quality regulation have dictated the need for increasingly sophisticated water treatment technologies and engineers have been at the forefront of the development of these water control technologies. This …

Finding A Definition For 'High Crime Area', Timothy O'Neill

Timothy P. O'Neill

Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Banks

Taunya Lovell Banks

Despite increasing support for global human rights ..., some scholars and constitutional democracies, like the United States, continue to resist constitutionalizing socio-economic rights. Socio-economic rights, unlike political and civil constitutional rights that usually prohibit government actions, are thought to impose positive obligations on government. As a result, constitutionalizing socio-economic rights raises questions about separation of powers and the competence of courts to decide traditionally legislative and executive matters. ... [W]hen transitional democracies, like South Africa, choose to constitutionalize socio-economic rights, courts inevitably must grapple with their role in the realization of those rights.... Two questions immediately come to mind: (1) …

Cyber Civil Rights (Mp3), Danielle Citron

Danielle Keats Citron

No abstract provided.

Eloquence And Reason: Creating A First Amendment Culture, Robert L. Tsai

Robert L Tsai

This book presents a general theory to explain how the words in the Constitution become culturally salient ideas, inscribed in the habits and outlooks of ordinary Americans. "Eloquence and Reason" employs the First Amendment as a case study to illustrate that liberty is achieved through the formation of a common language and a set of organizing beliefs. The book explicates the structure of First Amendment language as a distinctive discourse and illustrates how activists, lawyers, and even presidents help to sustain our First Amendment belief system. When significant changes to constitutional law occur, they are best understood as the results …

Book Review Of The Place Of Families: Fostering Capacity, Equality, And Responsibility By Linda C. Mcclain, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.

Prosecutors Holding More Chips Than Defendants, Timothy O'Neill

Timothy P. O'Neill

Removal Of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality, Freddy Funes

Freddy R Funes

Central American gangs have created numerous difficulties for Central American nations. Some of the violence and tactics learned by these gangs came from the United States, via it's new immigration policies. This article explains the faults of the current removal policy and offers solutions to mitigate the growing violence in Central America. Part II discusses the United States’ removal policy. Part III explains the myriad problems that this removal policy produces in Central America and within the United States. Part IV discusses how the United States’ current law fails to further the United States’ interests and how courts refuse to …

Poder Presidencial De Nominación Y Equilibrio Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas

Javier E Revelo-Rebolledo

No abstract provided.

Reconstructing Marriage: An Intersexional Approach, Martha Ertman

Martha M. Ertman

No abstract provided.

Unbending Gender: Why Family And Work Conflict And What To Do About It, Martha Ertman

Martha M. Ertman

No abstract provided.

Two Upcoming Cases Could Have Profound Impact, Timothy O'Neill

Timothy P. O'Neill

Managing California's Fiscal Roller Coaster, David Gamage

David Gamage

This article analyzes the causes of California's budget crises and prescribes institutional mechanisms for improving California's budgetary management.

Who's Presumptuous Now? Mccain Articulates U.S. Foreign Policy In Georgia Conflict, Kent Greenfield

Kent Greenfield

No abstract provided.

Defendant's Choice Of Counsel A Fundamental Right, Timothy O'Neill

Timothy P. O'Neill

A Study Of Interest, John Gotanda

John Y Gotanda

In recent years, a number of tribunals, mainly those deciding investment disputes, have re-examined traditional practices concerning the awarding of interest, particularly whether interest should be awarded at market rates and on a compounded basis. However, many tribunals deciding transnational contracts disputes continue to follow the practice of applying national laws on interest, which often results in the application of domestic statutory interest rates calling for a fixed rate of interest to accrue on a simple as opposed to compound basis. These statutory rates often do not change to reflect economic conditions and thus may under compensate or over compensate …

Joint Comment On Cftc Concept Release On The Appropriate Regulatory Treatment Of Event Contracts,, Tom Bell

Tom W. Bell

No abstract provided.

Settling The West: The Annexation Of Texas, The Louisiana Purchase, And Bush V. Gore, Mark Graber

Mark Graber

No abstract provided.

Naked Land Transfers And American Constitutional Development, Mark Graber

Mark Graber

The constitutional prohibition on naked land transfers, laws granting to B property that belonged to A, played a far greater role in American constitutional development than is generally realized. The Marshall and Taney Courts heard numerous cases in which government officials were accused of expropriating private property, typically by legislative oversight rather than by deliberate intent. When resolving these cases, antebellum justices relied heavily on “certain great principles of justice” rather than on specific constitutional provisions. Supreme Court majorities on several occasions probably exercised the judicial power to declare federal laws unconstitutional. More frequently, Marshall and Taney Court decisions in …

The Misguided Renaissance Of Social Choice, Maxwell Stearns

Maxwell L. Stearns

No abstract provided.

I Want To Be Too Big To Fail, Kent Greenfield

Kent Greenfield

No abstract provided.

Ruling Connects Constitutional Defenses, Timothy O'Neill

Timothy P. O'Neill