Law Commons^™

Why Church And State Should Be Separate, Erwin Chemerinsky

William & Mary Law Review

No abstract provided.

Shrinking The Space For Denial: The Impact Of The Icty In Serbia, Diane Orentlicher

Research Reports & White Papers

This groundbreaking report published by the Open Society Justice Initiative examines the impact in Serbia of the International Criminal Tribunal for the former Yugoslavia (ICTY). Shrinking the Space for Denial: The Impact of the ICTY in Serbia is the most comprehensive analysis to date of the court's impact in a country directly affected by its work. The report by Diane Orentlicher, professor of international law at American University's Washington College of Law and special counsel to the Justice Initiative, is published in conjunction with the 15th anniversary of the ICTY's founding. The 134-page report provides a detailed look at the …

Immigration Reform From The Outside In., Bill Piatt

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

The Incomplete Global Market For Tax Information, Steven A. Dean

Faculty Scholarship

No abstract provided.

Subject Index

University of Richmond Law Review

No abstract provided.

Did Gebser Cause The Metastasization Of Sexual Harassment Under Title Ix Ten Years Later, Justin F. Paget

University of Richmond Law Review

This comment will evaluate the criticism of Gebser in two novelways, now that ten years have passed since the Supreme Court issued the decision. Part II will provide pertinent background information on Title IX. Part III will identify the problem sexual harassment in educational institutions poses for this country's youth. Part IV will discuss the development of Title IX sexual harassment jurisprudence, including the Gebser decision. Part V will address the foundation of the criticism fired at Gebser's adoption of an actual notice and deliberate indifference standard of institutional liability from two fresh perspectives. First, the policybehind agency principals will …

Author Index

University of Richmond Law Review

No abstract provided.

The Failure Of Title Vii As A Rights-Claiming System, Deborah L. Brake, Joanna L. Grossman

North Carolina Law Review

No abstract provided.

Removed Cases And Uninvoked Jurisdictional Grounds, Jeannette Cox

North Carolina Law Review

No abstract provided.

Historical (In)Accuracy Of The Brandeis Dichotomy: An Assessment Of The Two-Tiered Standard Of Stare Decisis For Supreme Court Precedents, Lee J. Strang, Bryce G. Poole

North Carolina Law Review

No abstract provided.

The Illusion Of Substance: Why Rapanos V. United States And Its Resulting Regulatory Guidance Do Not Significantly Limit Federal Regulation Of Wetlands, Samuel P. Bickett

North Carolina Law Review

No abstract provided.

Between War And Peace: Exploring The Constitutionality Of Subjecting Private Civilian Contractors To The Uniform Code Of Military Justice During Contingency Operations, Cara-Ann M. Hamaguchi

North Carolina Law Review

No abstract provided.

Messin' With Texas: How The Fifth Circuit's Decision In Oscar Private Equity Misinterprets The Fraud-On-The-Market Theory, Tad E. Thompson

North Carolina Law Review

No abstract provided.

United States Food Law Update: Food Safely Planning, Attribute Labeling, And The Irradiation Debate, Bryan Endres

Journal of Food Law & Policy

This article summarizes significant changes and developments in food law throughout the second half of 2007. The previous edition of the Food Law Update noted the recent increase in imported food and the resulting stress placed on food safety agencies and customs officials. Detailed inspections of every food shipment entering the United States would quickly exhaust limited agency resources and cripple efficient international trade of food products. On the other hand, after several well-publicized food scares and the ongoing threat of international contamination, the public increasingly demands high levels of physical surveillance. As a part of this ongoing discussion, this …

Law, Biology, And Property: A New Theory Of The Endowment Effect, Owen D. Jones, Sarah F. Brosnan

Vanderbilt Law School Faculty Publications

Recent work at the intersection of law and behavioral biology has suggested numerous contexts in which legal thinking could benefit by integrating knowledge from behavioral biology. In one of those contexts, behavioral biology may help to provide theoretical foundation for, and potentially increased predictive power concerning, various psychological traits relevant to law. This Article describes an experiment that explores that context.

The paradoxical psychological bias known as the endowment effect puzzles economists, skews market behavior, impedes efficient exchange of goods and rights, and thereby poses important problems for law. Although the effect is known to vary widely, there are at …

The Bounds Of Necessity, Jens David Ohlin

Cornell Law Faculty Publications

The current controversy surrounding the legality of torture can only be understood through an analysis of the distinction between justified necessity and excused necessity. Although there may be strong prudential reasons for international criminal courts to declare torture unlawful under any circumstance, this would not necessarily prevent a court from recognizing that an excuse may apply. However, the hallmark of the necessity excuse should not be understood, as it is in German law, as an exception that only applies when a defendant breaks the law to save someone close to him. Rather, the basic principle of the excuse ought to …

Law, Biology, And Property: A New Theory Of The Endowment Effect, Owen D. Jones, Sarah F. Brosnan

William & Mary Law Review

Recent work at the intersection of law and behavioral biology has suggested numerous contexts in which legal thinking could benefit by integrating knowledge from behavioral biology. In one of those contexts, behavioral biology may help to provide theoretical foundation for, and potentially increased predictive power concerning, various psychological traits relevant to law. This Article describes an experiment that explores that context. The paradoxical psychological bias known as the "endowment effect" puzzles economists, skews market behavior, impedes efficient exchange of goods and rights, and thereby poses important problems for law. Although the effect is known to vary widely, there are at …

Imitation Is The Sincerest Form Of … Infringement?: Guitar Tabs, Fair Use, And The Internet, Jocelyn Kempema

William & Mary Law Review

No abstract provided.

Welcoming Remarks, Governor Olene S. Walker

BYU Law Review

No abstract provided.

Changing Perceptions Of Private Religious Schools: Public Money And Public Trust In The Education Of Children, William W. Bassett

BYU Law Review

No abstract provided.

Why The Supreme Court Changed Its Mind About Government Aid To Religious Institutions: It's A Lot More Than Just Republican Appointments, Douglas Laycock

BYU Law Review

No abstract provided.

State Constitutionality And Adequacy: Signposts Of Concern On Utah's Path Toward Developing Vouchers, Scott Ellis Ferrin, Pamela R. Hallam

BYU Law Review

No abstract provided.

The Insignificance Of The Blaine Amendment, Steven K. Green

BYU Law Review

No abstract provided.

The Constitutional Parameters Of School Choice, Clint Bolick

BYU Law Review

No abstract provided.

The Effects Of Vouchers And Private Schools In Improving Academic Achievement: A Critique Of Advocacy Research, Christopher Lubienski, Peter Weitzel

BYU Law Review

No abstract provided.

The Civic Side Of School Choice: An Empirical Analysis Of Civic Education In Public And Private Schools, David E. Campbell

BYU Law Review

No abstract provided.

Morality And Public School Speech: Balancing The Rights Of Students, Parents, And Communities, Peter J. Jenkins

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Giving The Terminally Ill Their Due (Process): A Case For Expanded Access To Experimental Drugs Through The Political Process, Linda K. Leibfarth

Vanderbilt Law Review

The stated purpose of the Food and Drug Administration ("FDA" or "Agency") is "to promote and protect the public health." In furtherance of this end, the FDA has created a regulatory framework to ensure that drugs marketed to the general public are both safe and effective. However, critics insist that the FDA's paternalistic drug approval process does little to achieve its goal. At the onset of the AIDS epidemic in the 1980s, criticism of the FDA intensified, as the FDA's lengthy and expensive drug approval process hindered terminally ill AIDS patients' access to potentially lifesaving treatment. Advocates for these patients …

Arbitration And Article Iii, Peter B. Rutledge

Scholarly Works

Does arbitration violate Article III? Despite the critical need for a coherent theory to answer this question, few commentators or courts have made serious attempts to provide one. For much of the country's history, federal courts conveniently could avoid this nettlesome question. Prior to the twentieth century, courts simply declined to enforce pre-dispute arbitration agreements as unenforceable attempts to appropriate their jurisdiction. From the early decades of the twentieth century (with the enactment of the Federal Arbitration Act (“FAA”) in 1925) through the 1960s, the non-arbitrability doctrine prevented arbitrators from resolving issues of federal statutory law. Notably, while both of …