Law Commons^™

August 3, 2008: Is There A Common Core To Religion?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is There a Common Core to Religion?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Integrating Comparative Criminal Law: Criminal Law And Procedure, At Home And Abroad, Roger Fairfax

Presentations

No abstract provided.

The Oecd Harmful Tax Competition Report: A 10th Anniversary Retrospective, Reuven S. Avi-Yonah

Law & Economics Working Papers Archive: 2003-2009

Ten years ago the OECD published its report on Harmful Tax Competition: An Emerging Global Issue. This was followed by a series of concrete measures designed to limit some forms of harmful tax competition, such as preferential regimes in OECD countries and offshore tax havens. The OECD initiative has met considerable resistance and in some ways has fallen short of its goals. Nevertheless, this paper will argue that it has been a worthwhile effort and has achieved some measure of success. The paper will then go on to outline some future directions for the project.

Going Beyond Google: Researching News Online, Emily M. Janoski-Haehlen

Law Faculty Publications

No abstract provided.

Reply To Joseph Ellin's Of All Professions, Prostitution Is The Oldest (Except Possibly For Teaching), Michael Davis

Center for the Study of Ethics in Society Papers

No abstract provided.

Congress Should Not Lower The Standard For Tax Return Preparers, Donald B. Tobin

Faculty Scholarship

No abstract provided.

Bulletin Of The University Of Notre Dame The Law School 2008–09, Volume 104, Number 4, University Of Notre Dame

Bulletins of Information

CONTENTS

Graduate Law Programs

Dual-Degree Programs

Requirements for Graduation and Good Academic Standing

Tuition and Fees

Withdrawal Regulations

Curriculum

Law School Courses

Course Descriptions

Officers of Administration

Law School Faculty

Law School Calendar

Important Addresses

Perceptions And Knowledge Of Special Education Law Among Building Administrators In A Selected Georgia School District, Patricia Claire Grasso

Dissertations

The Individuals with Disabilities Education Act (IDEA) has impacted every school district in the United States and significantly altered the role of administrators. Requirements for the administration and supervision of special education have developed exponentially since the enactment of Public Law 94- 142 and its reauthorization as the IDEA.

The purpose of this study was to compare the perceptions and knowledge of building administrators regarding special education law. The following research questions were developed to facilitate this study: (a) is there a difference in the level of knowledge about special education law among building administrators regarding the seven provisions of …

Unconstitutional Commentary, Aaron Chait

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Mobbing In The Workplace And Individualism: Antibullying Legislation In The United States, Europe And Canada, M. Neil Browne, Mary Allison Smith

Economics Faculty Publications

“Mobbing” refers to systematic behavior directed toward an employee over a long period of time that results in serious harm to the victim. Legislative responses to mobbing behavior in Sweden, France, Canada, and Belgium have responded in various ways to alleviate the conditions that create the psychological harm caused by this workplace phenomenon. The more muted response in the United States is linked to the individualistic assumptions prevalent in American culture that place responsibility for harmful conditions frequently on the choices of the person experiencing the harm.

U.S. Supreme Court Interviews On Effective Legal Writing – Part Iii, Robert S. Anderson

Sturm College of Law: Faculty Scholarship

This column concludes a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. The justices discussed usage and grammar issues, as well as their own pet peeves as readers of legal writing.

Professions "Of All Professions, Begging Is The Best" A Paper By Michael Davis. Response By Joseph Ellin. Professor Davis' Reply, Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Michael Davis' original paper was presented to the Center of the Study of Ethics in Society Western Michigan University on October 4, 2007.

Reading Too Much Into What The Court Doesn't Write: How Some Federal Courts Have Limited Title Vii's Participation Clause's Protections After Clark County School District V. Breeden, Lawrence D. Rosenthal

Washington Law Review

In 2001, the Supreme Court issued its opinion in Clark County School District v. Breeden, in which it refused to determine what a plaintiff must prove to demonstrate that she engaged in “protected activity” under Title VII’s anti-retaliation provision’s opposition clause. Although the Court declined to answer this question, courts have interpreted Breeden as requiring an opposition-clause plaintiff to prove a good-faith, objectively reasonable belief of an unlawful employment practice. Although Breeden involved Title VII’s opposition clause, some courts are now applying Breeden to cases involving Title VII’s participation clause. This is baffling for two reasons. First, Breeden involved …

August Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

"Still knocking, as the doors close." The Economist. June 19, 2008.

Who Counts? Refugees And The Politics Of Indifference, Sonia Cardenas

Human Rights & Human Welfare

The contemporary plight of refugees, asylum seekers, and other marginalized groups reveals the limits of international human rights norms. Numerous internationally recognized standards and laws exist for the humane treatment of people. Yet despite enormous progress, the reality is that some people are simply deemed to be less fully human than others. Nationalism and racism underlie popular indifference to today’s unwanted refugees. This is the unspoken truth that lies at the heart of the global refugee problem.

Social Contract In A Borderless World, Daniel J. Graeber

Human Rights & Human Welfare

Addressing the American Political Science Association in 2000, the international relations theorist Robert Keohane of Princeton University noted that effective governance in a globalized world depends more on interstate cooperation and transnational networks than any type of world body. Keohane made the claim that the people and players in a globalized world stand to gain from the system through cooperation across borders and boundaries. Nevertheless, Keohane also observed that the actors may exploit interdependence in that system by transferring blame to others and that, although institutions may be essential, they can also be dangerous. So it is when confronting the …

Appealing To The Realist Nature Of The Problem: An Attempt To Find Common Ground, Eric K. Leonard

Human Rights & Human Welfare

Whenever I teach my undergraduate course on human rights, I inevitably have one student who argues that state sovereignty trumps all and that states should act in their “national interest” in regards to issues where human rights and sovereignty clash. They usually continue the argument by stipulating that “human rights” are not defensible unless they are universally accepted, meaning contained in a universally ratified document (and they use the term “universal” literally), because all authority resides in the state. Thus, it is always an interesting discussion when we turn to the issue of migration, and more specifically, refugees.

"Of All Professions Begging Is The Best" - Some Problems In The Study Of Professions, Michael Davis

Center for the Study of Ethics in Society Papers

Michael Davis' original paper was presented to the Center of the Study of Ethics in Society Western Michigan University on October 4, 2007.

Of All Professions, Prostitution Is The Oldest (Except Possibly For Teaching), Joseph Ellin

Center for the Study of Ethics in Society Papers

Response by Joseph Ellin to a paper by Michael Davis Professions "Of All Professions, Begging is the Best"

Happiness And Punishment, John Bronsteen, Christopher Buccafusco, Jonathan Masur

Public Law and Legal Theory Working Papers

No abstract provided.

Judicial Ideology And The Transformation Of Voting Rights Jurisprudence, Thomas J. Miles, Adam B. Cox

Public Law and Legal Theory Working Papers

For two decades, the doctrinal test laid out in Thornburg v Gingles has been the centerpiece of vote dilution litigation in the United States. Gingles defined a sequential, two-part framework combining a set of rule-like preconditions to liability with a standard-like inquiry into the totality of the circumstances. Despite this elaborate framework, emerging empirical work shows that political ideology connects closely with how judges have decided vote dilution cases; Democratic appointees have proven much more likely than Republican appointees to favor liability under Section 2 of the Voting Rights Act. This work raises the question of what role the Gingles …

Police Chiefs' Use And Executive Subordinates' Perceived Use Of Non-Performance And Performance Based Criteria In Promotional Decisions: Organizational Mobility Channels, Bill D. Press

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The purpose of this study was to investigate police promotion and channels of mobility from an "appointed perspective" by those who do the appointments, as well as those chosen for the appointment. There were two ultimate goals of this study. The first was to describe the characteristics of police chiefs and subordinate police executives, and the importance of non-performance based criteria and performance based criteria used in promotion decision making by police chiefs and perceptions of use by subordinate police executives. The second was to extend the intra-organizational mobility model developed by Beehr and Taber (1993), with four additional non-performance …

Happiness And Punishment, John Bronsteen, Christopher Buccafusco, Jonathan Masur

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Judicial Ideology And The Transformation Of Voting Rights Jurisprudence, Thomas J. Miles, Adam B. Cox

Coase-Sandor Institute for Law & Economics Research Paper Series

For two decades, the doctrinal test laid out in Thornburg v Gingles has been the centerpiece of vote dilution litigation in the United States. Gingles defined a sequential, two-part framework combining a set of rule-like preconditions to liability with a standard-like inquiry into the totality of the circumstances. Despite this elaborate framework, emerging empirical work shows that political ideology connects closely with how judges have decided vote dilution cases; Democratic appointees have proven much more likely than Republican appointees to favor liability under Section 2 of the Voting Rights Act. This work raises the question of what role the Gingles …

Weighing Influence: Employment Discrimination And The Theory Of Subordinate Bias Liability, Keaton Wong

American University Law Review

No abstract provided.

Table Of Contents - Vol. 33, No. 1 2008

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Editorial Board - Vol. 33, No. 1 2008

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Introductory Note

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Panel Iv: The Final Act - Repeal: Marshaling The Votes, Kathy Barrett Carter, Raymond J. Lesniak, Christopher Bateman, Wilfredo Caraballo, Robert J. Martin

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

It's Not Too Late: Applying Continuing Violation Theory To The Designation Of Critical Habitat Under The Esa, Amelia Boone

Washington Law Review

The Endangered Species Act (ESA or the Act) requires the United States Fish and Wildlife Service (the Service) to designate critical habitat for every species it lists as threatened or endangered. Generally, the Service must designate critical habitat within one year of listing the species. If it cannot determine the species’ habitat at the moment of listing, it can issue a finding of “not determinable,” which gives it one additional year to study the species and its habitat needs. At the end of that additional year, the Service must list the critical habitat, using whatever data is available. On close …