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2008

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Articles 2551 - 2580 of 10761

Full-Text Articles in Law

The Externalities Of Nuclear Power: First, Assume We Have A Can Opener . . ., Karl S. Coplan May 2008

The Externalities Of Nuclear Power: First, Assume We Have A Can Opener . . ., Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

The nuclear power industry has latched on to global warming as an argument for its renaissance. Although even industry proponents acknowledge that the problem of disposing of spent nuclear fuel remains unsolved, the industry routinely assumes this problem will be solved in the future. Unfortunately, this is the same assumption made by nuclear energy proponents at the beginning of the nuclear industry fifty years ago. We haven’t solved the nuclear waste problem in the past half century, and there is no reason to think we will be more likely to do so in the next one. Like the shipwrecked economist …


Postmortem Rights Of Publicity: The Federal Estate Tax Consequences Of New State-Law Property Rights, Bridget J. Crawford May 2008

Postmortem Rights Of Publicity: The Federal Estate Tax Consequences Of New State-Law Property Rights, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

California recently passed legislation that creates retroactive, descendible rights of publicity. The New York State Assembly is poised to enact similar legislation. Legal recognition of postmortem rights of publicity permits a decedent's named beneficiaries or heirs to control (and financially benefit from) use of a deceased personality's image and likeness. Legislators, proponents of these laws, and legal commentators have overlooked two significant federal estate tax consequences of these new state law property rights. First, a descendible right of publicity likely will be included in a decedent's gross estate for federal estate tax purposes. Second, the estate tax value of rights …


Architects? We Don't Need No Stinkin' Architects, Jack Mcneill May 2008

Architects? We Don't Need No Stinkin' Architects, Jack Mcneill

Elisabeth Haub School of Law Faculty Publications

The author chronicles the participation of the Library staff in the renovation of Pace Law Library.


Detecting Lies Using Demeanor, Bias, And Context, Max J. Minzner May 2008

Detecting Lies Using Demeanor, Bias, And Context, Max J. Minzner

Faculty Scholarship

This article provides a brief discussion of the divide between judges and academics in their opinion of the accuracy of legal credibility decisions and the role of demeanor evidence in making those determinations. Biases about witness credibility and context play a large role in determining whether deception will be caught. The article then examines decisions about deception by juries and by law enforcement regarding cooperating witnesses and situations where the defendant or a suspect is the witness. In conclusion, this article reflects on decisions about deception within the context of social science.


Asr From A Legal Perspective, Denise D. Fort May 2008

Asr From A Legal Perspective, Denise D. Fort

Faculty Scholarship

No abstract provided.


A Few Remodeling Projects Make Major Impact: The University Of New Mexico School Of Law Librarys New Reading Room, Reference Desk, And Classroom Reflect The Library As A Vibrant Activity Hub, Carol A. Parker May 2008

A Few Remodeling Projects Make Major Impact: The University Of New Mexico School Of Law Librarys New Reading Room, Reference Desk, And Classroom Reflect The Library As A Vibrant Activity Hub, Carol A. Parker

Faculty Scholarship

The University of New Mexico School of Law Library in Albuquerque recently undertook several major and minor remodeling projects. These included creating the Governor Bruce King Archives and Reading Room inside the law library, remodeling our 35-year-old reference and access services desk, creating a classroom within the law library, and replacing carpeting and furniture. Thanks to these updates, the law library went from appearing a little drab and run-down to looking like the colorful, vibrant hub of activity it really is. This article is also available at: http://www.aallnet.org/products/pub_sp0805/pub_sp0805_Impact.pdf. Additional remodeling photographs are available on pp. 9-11 at: http://www.aallnet.org/products/pub_sp0805/pub_sp0805_MoreArch.pdf.


Death By A Thousand Cuts: The Illusory Safeguards Against Funding Pervasively Sectarian Institutions Of Higher Learning, Mark Strasser May 2008

Death By A Thousand Cuts: The Illusory Safeguards Against Funding Pervasively Sectarian Institutions Of Higher Learning, Mark Strasser

Buffalo Law Review

No abstract provided.


Race-Specific Patents, Commercialization, And Intellectual Property Policy, Shubha Ghosh May 2008

Race-Specific Patents, Commercialization, And Intellectual Property Policy, Shubha Ghosh

Buffalo Law Review

No abstract provided.


Kinship Foster Care: Implications Of Behavioral Biology Research, David J. Herring May 2008

Kinship Foster Care: Implications Of Behavioral Biology Research, David J. Herring

Buffalo Law Review

No abstract provided.


Governance, Governmentality, Police, And Justice: A New Science Of Police?, Mireille Hildebrandt May 2008

Governance, Governmentality, Police, And Justice: A New Science Of Police?, Mireille Hildebrandt

Buffalo Law Review

Review of The New Police Science: The Police Power in Domestic and International Governance, Markus D. Dubber & Mariana Valverde, eds.


From Russia With Love: The Legal Repercussions Of The Recruitment And Contracting Of Foreign Players In The National Hockey League, Jeffrey P. Gleason May 2008

From Russia With Love: The Legal Repercussions Of The Recruitment And Contracting Of Foreign Players In The National Hockey League, Jeffrey P. Gleason

Buffalo Law Review

No abstract provided.


Punitive Damages - A European Perspective, Helmut Koziol May 2008

Punitive Damages - A European Perspective, Helmut Koziol

Louisiana Law Review

No abstract provided.


The Medical Malpractice System And The Payment Of Future Medical Damages: On Life Support Elsewhere, Resuscitated In Louisiana, Sarah R. Levin May 2008

The Medical Malpractice System And The Payment Of Future Medical Damages: On Life Support Elsewhere, Resuscitated In Louisiana, Sarah R. Levin

Louisiana Law Review

No abstract provided.


No.7 - May 2008, Center Of Civil Law Studies May 2008

No.7 - May 2008, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


No.7 - May 2008 - French, Center Of Civil Law Studies May 2008

No.7 - May 2008 - French, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


School Vouchers, Thomas Jefferson, Roger Williams, And Protecting The Faithful: Warnings From The Eighteenth Century And The Seventeenth Century On The Danger Of Establishments To Religious Communities, Paul Finkelman May 2008

School Vouchers, Thomas Jefferson, Roger Williams, And Protecting The Faithful: Warnings From The Eighteenth Century And The Seventeenth Century On The Danger Of Establishments To Religious Communities, Paul Finkelman

BYU Law Review

No abstract provided.


Beyond The Free Market: The Structure Of School Choice, Terry M. Moe May 2008

Beyond The Free Market: The Structure Of School Choice, Terry M. Moe

BYU Law Review

No abstract provided.


Nation Building In Africa And The Role Of The Judiciary, Modibo Ocran May 2008

Nation Building In Africa And The Role Of The Judiciary, Modibo Ocran

Northern Illinois University Law Review

This speech was delivered at Northern Illinois University on April 20, 2007, as part of the Francis X. Riley lecture on professionalism. The speech highlights some of the difficult political issues faced by many African nations in arguing that legal professionalism imposes a duty on the judiciary to contribute to the building of long-term institutions of stability in fragile political environments.


V.45-2, 2008 Masthead May 2008

V.45-2, 2008 Masthead

San Diego Law Review

No abstract provided.


The Emperor's New Clothes: Lifting The Ncaa's Veil Of Amateurism, Amy Christian Mccormick, Robert A. Mccormick May 2008

The Emperor's New Clothes: Lifting The Ncaa's Veil Of Amateurism, Amy Christian Mccormick, Robert A. Mccormick

San Diego Law Review

The purpose of this Article is to lift the veil of amateurism from the face of the college sports industry and to document its deeply commercial character. Because the college sports industry is thoroughly commercial and not, as the NCAA contends, an amateur enterprise, NCAA Division I college athletic programs should be subject to laws that apply to other commercial activities. Part I of this Article will identify three areas of law-labor, antitrust, and tax-in which regulation depends upon the characterization of an activity as commercial rather than amateur. Part II will document the thoroughly commercial nature of major college …


Advocacy Under Islam And Common Law, Liaquat Ali Khan May 2008

Advocacy Under Islam And Common Law, Liaquat Ali Khan

San Diego Law Review

This Article shows that both Anglo-American and Islamic legal traditions have been highly sophisticated in supporting advocacy as a doctrine of justice. And both traditions must save this doctrine from distortions that have corroded the doctrine's normative foundation. This comparative study will hopefully provide insights into jurisprudential recesses of each tradition. It might also inform lawyers, judges, and academics of the two traditions, possibly generating mutual respect and learning.


The Gross Progeny: An Empirical Analysis, Youssef Chouhoud, Perry A. Zirkel May 2008

The Gross Progeny: An Empirical Analysis, Youssef Chouhoud, Perry A. Zirkel

San Diego Law Review

Last year, upon the thirtieth anniversary of the Supreme Court's decision in Goss v. Lopez, the then-general counsel of the National School Boards Association decried the expansion of Goss from a "three minute give and take" to the "paralysis" of public school discipline. For example, she initially ascribed the following effect to the Goss Court: "By making student discipline a constitutional issue, by elevating it to a 'federal issue,' the court has left educators fumbling away through their daily disciplinary dealings with students wondering and working at their peril." This Article empirically examines Goss and its lower court progeny to …


Clarifying Duty: California's No-Duty-For-Sports Regime, Edmund Ursin, John N. Carter May 2008

Clarifying Duty: California's No-Duty-For-Sports Regime, Edmund Ursin, John N. Carter

San Diego Law Review

In this Article, we hope to untangle the confused no-duty-for-sports rules the court has created over the past decade and a half. We will argue that much of this confusion stems from the court's carrying over terminology and concepts of the traditional assumption of the risk defense. In Part II, we set forth the law of assumption of the risk as it stood prior to the court's decision in Knight. Parts III through V then carefully trace the adoption and elaboration of the no-duty-for-sports doctrine. These Parts attempt to expose the roots of the confusion that surround this doctrine. In …


Preparing Law Students For Disappointing Exam Results: Lessons From Casey At The Bat, Grant H. Morris May 2008

Preparing Law Students For Disappointing Exam Results: Lessons From Casey At The Bat, Grant H. Morris

San Diego Law Review

It is a statistical fact of life that two-thirds of the law students who enter law school will not graduate in the upper one-third of their law school class. Typically, those students are disappointed in their examination grade results and in their class standing. Nowhere does this disappointment manifest itself more than in their attitude toward their classes. In the fall semester of their first year, students are eager, excited, and willing to participate in class discussion. But after they receive their first semester grade results, many students withdraw from the learning process-they are depressed and disengaged. They suffer a …


Contents May 2008

Contents

Louisiana Law Review

No abstract provided.


The Integrated Law School Practicum: Synergizing Theory And Practice, Susan R. Martyn, Robert S. Salem May 2008

The Integrated Law School Practicum: Synergizing Theory And Practice, Susan R. Martyn, Robert S. Salem

Louisiana Law Review

No abstract provided.


A Closer Look At Iraqi Property And Tort Law, Dan E. Stigall May 2008

A Closer Look At Iraqi Property And Tort Law, Dan E. Stigall

Louisiana Law Review

No abstract provided.


The Place Of The Louisiana Civil Code In The Hispanic Civil Codifications: The Comments To The Spanish Civil Code Project Of 1851, Agustin Parise May 2008

The Place Of The Louisiana Civil Code In The Hispanic Civil Codifications: The Comments To The Spanish Civil Code Project Of 1851, Agustin Parise

Louisiana Law Review

No abstract provided.


Reputation And The Rules: An Argument For A Balancing Approach Under Rule 8.3 Of The Model Rules Of Professional Conduct, Ryan Williams May 2008

Reputation And The Rules: An Argument For A Balancing Approach Under Rule 8.3 Of The Model Rules Of Professional Conduct, Ryan Williams

Louisiana Law Review

No abstract provided.


Like The Swamp Thing: Something Ambiguous Rises From The Hidden Depths Of Murky Waters - The Supreme Court's Treatment Of Murky Wet Land In Rapanos V. United States, Brandee Ketchum May 2008

Like The Swamp Thing: Something Ambiguous Rises From The Hidden Depths Of Murky Waters - The Supreme Court's Treatment Of Murky Wet Land In Rapanos V. United States, Brandee Ketchum

Louisiana Law Review

No abstract provided.