Law Commons^™

Mens Rea Can Be Found In Sex Crime Against Child, Timothy O'Neill

Timothy P. O'Neill

Fcc Should Get With The Times, Erik Ugland

Erik Ugland

No abstract provided.

The Americans With Disabilities Act And The Reproductive Rights Of Hiv-Infected Women, Taunya Banks

Taunya Lovell Banks

No abstract provided.

Mukasey's Defense Of Professional Irresponsibility, Kent Greenfield

Kent Greenfield

No abstract provided.

A Freedom Under Fire: A Review Of Martha Nussbaum's Liberty Of Conscience: In Defense Of America's Tradition Of Religious Equality, Vincent Rougeau

Vincent D. Rougeau

No abstract provided.

Environmental Justice And Domestic Climate Change Policy, Alice Kaswan

Alice Kaswan

This article argues that, except in California, environmental justice considerations have not received sufficient attention in climate change policy debates. It explores the environmental justice implications of emerging domestic climate change policies and provides policymakers with specific suggestions on how to integrate environmental justice concerns. The article begins by introducing the environmental justice movement and its central principles, and then explores the limited integration of environmental justice concerns in existing climate change policies.

The article then clarifies existing debates about the environmental implications of greenhouse gas cap and trade programs by providing a detailed assessment of their distributional benefits and …

Cyber Embargo: Countering The Internet Jihad, Gregory S. Mcneal

Greg McNeal

Terrorists are engaged in an online jihad, characterized by the use of the internet to fundraise, distribute messages and directives, recruit and proselytize. It is impossible to shut down the entire presence of terrorists on the internet; however, this article details a proposal which can have a marked impact on the presence of terrorists on the internet. Using existing statutes, it is possible to regionalize terrorist websites, limiting them to an extremely small number of countries from which they may receive internet services. Once the terrorist message is limited to a particular region, a modification of current laws can allow …

Traffic Code: The New Vagrancy Laws, Timothy O'Neill

Timothy P. O'Neill

Time, Place For 'Anticipatory Warrants', Timothy O'Neill

Timothy P. O'Neill

Measuring Identity Theft At Top Banks (Version 1.5), Chris Hoofnagle

Chris Jay Hoofnagle

There is no reliable way for consumers, regulators, and businesses to assess the relative rates of identity fraud at major financial institutions. This lack of information prevents a consumer market for bank safety from emerging. As part of a multiple strategy approach to obtaining more actionable data on identity theft, the Freedom of Information Act was used to obtain complaint data submitted by victims in 2006 to the Federal Trade Commission. This complaint data identifies the institution where impostors established fraudulent accounts or affected existing accounts in the name of the victim. The data were aggregated and used to create …

State Court's 'Required' Ruling Profoundly Sad, Timothy O'Neill

Timothy P. O'Neill

Taking A Closer Look At 'Effective Assistance', Timothy O'Neill

Timothy P. O'Neill

Two-Factor Fair Use?, Joseph Liu

Joseph P. Liu

Closer Look At A Technical Self-Employment Tax Issue, James Edward Maule

James Edward Maule

No abstract provided.

Constitutional Climate Change In The Courts, James R. May

James R. May

We have entered an interesting constitutional era, one in which a rising sea level will help to buoy a rising tide of climate litigation, the leading edge of which lies constitutional jurisprudence as applied to the political question doctrine, preemption, dormant commerce and compact clauses and standing. In 2007 most of it involves either state action (e.g., to regulate greenhouse gas emissions from new motor vehicles or require climate friendly energy production), or state causes of action (e.g., public or private nuisance). In 2007, the trend was toward dismissing climate-tort cases as presenting political questions. Notably, in Mass. v. EPA, …

The Fourth Amendment And Privacy Implications Of Interior Immigration Enforcement, Anil Kalhan

Anil Kalhan

This Article proposes privacy as a descriptive and normative framework to analyze the constellation of recent initiatives to expand interior enforcement of federal immigration laws. By expanding the circumstances in which individuals are expected to demonstrate their lawful presence in the United States, these various initiatives seek to transform the significance of immigration and citizenship status in day-to-day life from something largely invisible and irrelevant to something visible and salient in a variety of settings. This transformation, however, carries underappreciated social costs. Building upon scholarship theorizing privacy as protecting a set of social or structural interests, and using the U.S. …

The Economic Costs And Benefits Of Self-Managed Teams Among Skilled Technicians, Rosemary Batt

Rosemary Batt

This paper estimates the economic costs and benefits of implementing teams among highly-skilled technicians in a large regional telecommunications company. It matches individual survey and objective performance data for 230 employees in matched pairs of traditionally-supervised and self-managed groups. Multivariate regressions with appropriate controls show that teams do the work of supervisors in 60-70% less time, reducing indirect labor costs by 75 percent per team. Objective measures of quality and labor productivity are unaffected. Team members receive additional overtime pay that represents a 4-5 percent annual wage premium, which may be viewed alternatively as a share in the productivity gains …

One Of The Most Bizarre Laws On Htrae, Timothy O'Neill

Timothy P. O'Neill

The Dirty War Index: A Public Health And Human Rights Tool For Examining And Monitoring Armed Conflict Outcomes., M Hicks, M Spagat

Madelyn Hsiao-Rei Hicks

War, a major public health problem, is a situation where the interests of public health, human rights, and humanitarian law intersect.

The DWI is a data-driven public health tool that identifies rates of particularly undesirable or prohibited, i.e., “dirty,” outcomes inflicted on populations during war (e.g., civilian death, child injury, or torture).

A DWI is calculated as: (Number of “dirty,” i.e., undesirable or prohibited cases/Total number of cases) × 100.

DWIs are designed for direct, easy translation of war's public health outcomes into the human rights, policy, and interdisciplinary work needed to address war's practice.

DWIs support monitoring, deterrence, and …

Progress In International Law - An Explanation Of The Project, Russell Miller

Russell A. Miller

No abstract provided.

Us National Security, Intelligence And Democracy: From The Church Committee To The War On Terror, Russell Miller

Russell A. Miller

No abstract provided.

Hamdan V. Rumsfeld, Russell Miller

Russell A. Miller

No abstract provided.

Access Denied: The Practice And Policy Of Global Internet Filtering, Ronald Deibert, John Palfrey, Rafal Rohozinski, Jonathan Zittrain

Jonathan Zittrain

Many countries around the world block or filter Internet content, denying access to information—often about politics, but also relating to sexuality, culture, or religion—that they deem too sensitive for ordinary citizens. Access Denied documents and analyzes Internet filtering practices in over three dozen countries, offering the first rigorously conducted study of this accelerating trend. Internet filtering takes place in at least forty states worldwide including many countries in Asia and the Middle East and North Africa. Related Internet content control mechanisms are also in place in Canada, the United States and a cluster of countries in Europe. Drawing on a …

Comparative Law And Germany's Militant Democracy, Russell Miller

Russell A. Miller

No abstract provided.

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

Robert M. Bloom

No abstract provided.

Restitution In America: Why The U.S. Refuses To Join In The Global Restitution Party, Chaim Saiman

Chaim Saiman

In the past generation, restitution law has emerged as global phenomenon. From its Oxbridge home restitution migrated to the rest of the Commonwealth, and ongoing Europeanization projects have brought the common law of restitution into contact with the Romanist concept of unjust enrichment, further internationalizing this movement. In sharp contrast to the Commonwealth, in the United States, scholarly interest in restitution, in terms of books, articles, treatises, symposia and courses on restitution is meager, at best. Similarly, while restitution, equity and tracing cases receive considerable treatment at the highest levels of the English judiciary, U.S. courts do not seem interested …

Flickering Admissibility: Neuroimaging Evidence In The U.S. Courts, Jane Moriarty

Jane Campbell Moriarty

This article explores the admissibility of neuroimaging evidence in U.S. courts, recognizing various trends in decisions about such evidence. While courts have routinely admitted some neuroimages, such as CT scans and MRI, as proof of trauma and disease, they have been more circumspect about admitting the PET and SPECT scans and fMRI evidence. With the latter technologies, courts have often expressed reservations about what can be inferred from the images. Moreover, courts seem unwilling to find neuroimaging sufficient to prove either insanity or incompetency, but are relatively lenient about admitting neuroimages in death penalty hearings. Some claim that fMRI and …

"Militant Judgement?: Judicial Ontology, Constitutional Poetics, And 'The Long War'", Penelope Pether

Penelope J Pether

This Article, a contribution to the Cardozo Law Review symposium in honor of Alain Badiou's Being and Event, uses Badiou's theorizing of the event and of the militant in Being and Event as a basis for an exploration of problems of judicial ontology and constitutional hermeneutics raised in recent decisions by common law courts dealing with the legislative and executive confinement of Islamic asylum seekers, enemy combatants and terrorism suspects, and certain classes of criminal offenders in spaces beyond the doctrines, paradigms and institutions of the criminal law. The Article proposes an ontology and a poetics of judging equal to …

Progress In International Organization, Russell Miller, Rebecca Bratspies

Russell A. Miller

No abstract provided.

Property: Cases, Documents, And Lawyering Strategies, David Caudill, David Crump, David Hricik

David S Caudill

No abstract provided.