Law Commons^™

Residential Protectionism And The Legal Mythology Of Home, Stephanie M. Stern

All Faculty Scholarship

Residential real estate has achieved an exalted status and privileged position in American property law. The notion of the home as a special object deserving heightened protection is widely accepted within the case law and scholarship. Influential scholars, most notably Margaret Radin, have argued that the home is critical for an individual's very identity and ability to flourish in society. Other commentators have expounded a communitarian vision of the home as rooting individuals in communities of close-knit social ties. Over the past century, there has been a proliferation of legislation creating special protections for owners of residential real estate such …

Lawyers As Quasi-Public Actors, W. Bradley Wendel

Cornell Law Faculty Publications

This paper was written for a panel on access to justice at the 100th anniversary conference of the Law Society of Alberta, Canada. In it I argue that the debate over access to justice, which in the United States generally means pro bono representation provided by individual lawyers, cannot be divorced from broader theoretical debates about the lawyer's role. My claim is that lawyers are quasi-public actors, in the sense that they have some responsibility to aim directly at justice in their representation of clients, and cannot rely only on indirect strategies to ensure that justice is served. The argument …

Super Crops Or A Super Problem? The Battle Over Bt Corn. Monsanto Company V. Bayer Bioscience N.V., Lee Stockhorst

Journal of Environmental and Sustainability Law

No abstract provided.

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Riding On The Cercla-Cycle: Is The Third Circuit Backpedaling? E.I. Depont De Nemours & Co. V. U.S., Sheila Needles

Journal of Environmental and Sustainability Law

No abstract provided.

Enriching The Nrc's Plausible Strategy Precedent: Another Uranium Enrichment Facility Permit Is Approved. Nuclear Information And Resource Service V. Nuclear Regulatory Commission , Andrew Reed

Journal of Environmental and Sustainability Law

No abstract provided.

Environmental Law Updates

Journal of Environmental and Sustainability Law

No abstract provided.

“Keeping God In Place”: How Religion Is Managed In Singapore, Knowledge@Smu

Knowledge@SMU

Since independence from Malaysia in 1965, Singapore has enjoyed a high degree of racial and religious harmony carefully nurtured by the government. However, Singaporeans risk being lulled into a false sense of complacency about the state of inter-ethnic relations, cautions Eugene Tan, law professor at the Singapore Management University, in his research paper, “Keeping God in Place: The Management of Religion in Singapore”.

Cafa Judicata: A Tale Of Waste And Politics, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

The Class Action Fairness Act has taken on its real form through construction by the federal judges. That form emerges in this empirical study of judicial activity and receptivity to the Act. Our data comprise the opinions under the Act published during the two and a half years following its enactment in 2005.

CAFA has produced a lot of litigation in its short life. The cases were varied, of course, but most typically the resulting published federal opinion involved a removed contract case, with the dispute turning on the statute's effective date or on federal jurisdiction. Even though the opinions …

Unh Law Alumni Magazine, Summer 2008, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

The Year In Review 2007: Selected Cases From The Alaska Supreme Court, The Alaska Court Of Appeals, The United States Supreme Court, And The United States Court Of Appeals For The Ninth Circuit

Alaska Law Review Year in Review

No abstract provided.

Recidivism In Alaska, Teresa W. Carns

Alaska Law Review Online Articles Forum

Recidivism data are a tool that can help policymakers determine how effectively a criminal justice system is working to protect the public. Such data can help answer whether the current system is appropriate, whether alternative methods could provide better results, and whether specialized programs such as therapeutic courts can help reduce recidivism rates. The Alaska Judicial Council published two reports in 2007 that sought to address these questions and more. This Comment has combined much of the data from these two reports in order to present them in a unified fashion, providing direct comparisons and contrasts where appropriate. The Council …

Green Mountain: A "Fleeting" Win For The States. Green Mountain Chrysler Plymouth Dodge Jeep V. Crombie, Brianne Ardila

Journal of Environmental and Sustainability Law

No abstract provided.

Post-Kyoto Stress Disorder: How The United States Can Influence International Climate Change Policy , Derald J. Hay

Journal of Environmental and Sustainability Law

No abstract provided.

Torch (June 2008), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Judges, Lawyers, And A Predictive Theory Of Legal Complexity, Benjamin H. Barton

Scholarly Works

This Article uses public choice theory and the new institutionalism to discuss the incentives, proclivities, and shared backgrounds of lawyers and judges. In America every law-making judge has a single unifying characteristic, each is a former lawyer. This shared background has powerful and unexplored effects on the shape and structure of American law. This Article argues that the shared characteristics, thought-processes, training, and incentives of Judges and lawyers lead inexorably to greater complexity in judge-made law. These same factors lead to the following prediction: judge-created law will be most complex in areas where a) elite lawyers regularly practice; b) judges …

The Civil Justice System And The Public Justice For Nunavummiut: Partnerships For Solutions, Travis Anderson, Mary Stratton

Canadian Forum on Civil Justice

As part of the Civil Justice System and the Public (CJSP), a national collaborative research project, we first visited Iqaluit in June 2003. At that time the Research Coordinator met with key contacts in the Nunavut justice and social service community to talk about the research and make plans for conducting the field research. As a result of these initial meetings, the CJSP team made contact with Inuit services in Ottawa. In July 2003, during the Ontario phase of the CJSP research, we met Inuit service providers and several Nunavummiut who were at that time living in Ottawa.1 In September …

Reaching Out With Research: Engaging Community In Mapping Legal Service Accessibility, Effectiveness And Unmet Needs, Mary Stratton

Canadian Forum on Civil Justice

Emerging international research demonstrates that high economic and social costs accrue when individuals cannot access timely and effective resolutions to legal problems. Canadian research also shows that most people lack knowledge and understanding of legal rights, legal processes and services, and experience significant barriers when attempting to seek legal information and assistance. Within the Canadian justice community there is strong interest in engaging all relevant stakeholders in collaborative processes of research and policy development. This paper discusses how community-based mapping research can facilitate such engagement in compiling evidence that informs the development of legal processes and services that are more …

A Legal Miscellanea: Volume 5, Number 1, 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.

Business Organizations And Tribal Self-Determination: A Critical Reexamination Of The Alaska Native Claims Settlement Act, Eric C. Chaffee

Alaska Law Review

No abstract provided.

Ua12/8 Annual Report, Wku Police

WKU Administration Documents

A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.

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

Sturm College of Law: Faculty Scholarship

This column begins a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. This first part explores the two aspects of good legal writing that were the most often mentioned by the justices during their interviews: clarity and conciseness.

Study Of The Role Of Preparers In Relation To Taxpayer Compliance With Internal Revenue Laws, Leslie Book

Working Paper Series

The use of paid tax return preparers has grown steadily. All paid return preparers, including those who are not regulated by any licensing entity or subject to competency or continuing education requirements, must comply with certain requirements in connection with the preparation of a tax return, including signing the return and providing a copy of the return to taxpayers. Preparers are also subject to civil and even criminal penalties for improper conduct and the Code provides that the United States may bring a civil action to enjoin tax preparers if preparers engage in certain types of impermissible conduct. As discussed …

How The Separation Of Powers Doctrine Shaped The Executive, Louis J. Sirico Jr.

Working Paper Series

This Article examines the debates of the Founders over the separation of powers doctrine as it relates to the executive branch. After surveying the experience in the colonies and under the post-Revolutionary state constitutions, it analyzes the relevant issues at the Constitutional Convention. Rather than focusing on abstract discussions of political theory, the article examines specific decisions and controversies in which separation of powers was a concern. The Article offers a detailed recounting of those debates. At the Convention, separation of powers arose most prominently in the arguments over nine issues: choosing the Executive, permitting the Executive to stand for …

``No One Does That Anymore": On Tushnet, Constitutions, And Others, Penelope J. Pether

Working Paper Series

In this contribution to the Quinnipiac Law Review’s annual symposium edition, this year devoted to the work of Mark Tushnet, I read his antijuridification scholarship “against the grain,” concluding both that Tushnet’s later scholarship is neo-Realist rather than critical in its orientation, and that both his early scholarship on slavery and his post-9/11 constitutional work reveal an ambivalence about the claim that we learn from history to circumscribe our excesses, which anchors his popular constitutionalist rhetoric.

The likeness of Tushnet’s scholarship to the work of the Realists lies in this: while the Realists’ search for a science that would satisfy …

“Militant Judgement?: Judicial Ontology, Constitutional Poetics, And ‘The Long War’”, Penelope J. Pether

Working Paper Series

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 …

The Decline Of Traditional Pensions, The Impact Of The Pension Protection Act Of 2006, And The Future Of America's Defined-Benefit Pension System, Joshua Gad-Harf

Chicago-Kent Law Review

Congress passed the Pension Protection Act of 2006 to provide economic security for millions of Americans dependent on traditional defined-benefit pension plans, plans where an employer has promised to pay for the retirement of its employees. The bill was necessitated by the many employers who had terminated their plans both inside and outside of bankruptcy protection. This note will discuss the history of the defined-benefit pension system, the ways these plans can be terminated, and the problems these terminations pose for employers, employees, and the American taxpayers. It will argue that the Act and its exceptions for those in the …

The Eu Challenge To The Sec, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The Development Of Nato Ebao Doctrine: Clausewitz's Theories And The Role Of Law In An Evolving Approach To Operations, Colonel Jody M. Prescott

Penn State International Law Review (1982 - 2011)

No abstract provided.

On Armed Conflict, Human Rights, And Preserving The Rule Of Law In Latin America, Luz E. Nagle

Penn State International Law Review (1982 - 2011)

No abstract provided.