Law Commons^™

Updated Lessons In Conducting Basics Legal Research By Pro Se Litigants Who Cannot Afford An Attorney., Michael P. Forrest, Mike Martinez Jr., Paul S. Miller

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

Abstract Forthcoming.

Educate Then Exile: Creating A Double Standard In Education For Plyler Students Who Want To Sit For The Bar Exam., J. Austin Smithson

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

Abstract Forthcoming.

Regulation With Placebo Effects, Anup Malani

Duke Law Journal

A growing scientific literature supports the existence of placebo effects from a wide range of health interventions and for a range of medical conditions. This Article reviews this literature, examines the implications for law and policy, and suggests future areas for research on placebo effects. In particular, it makes the case for altering the drug approval process to account for, if not credit, placebo effects. It recommends that evidence of placebo effects be permitted as a defense in cases alleging violations of informed consent or false advertising. Finally, it finds that tort law already has doctrines such as joint and …

Policing The Corporate Citizen: Arguments For Prosecuting Organizations, Daniel L. Cheyette

Alaska Law Review

No abstract provided.

Dimond, Not Daubert: Reviving The Discretionary Standard Of Expert Admission In Alaska, Gregory R. Henrikson

Alaska Law Review

No abstract provided.

Marsingill V. O’Malley: The Duty To Disclose Becomes The Duty To Divine, Douglas E. Hutchinson

Alaska Law Review

No abstract provided.

When Parent’S Fight: Alaska’S Presumption Against Awarding Custody To Perpetrators Of Domestic Violence, Lisa Bolotin

Alaska Law Review

No abstract provided.

Silence At A Price? Judicial Questionnaires And The Independence Of Alaska’S Judiciary, Kelly Taylor

Alaska Law Review

No abstract provided.

Note From The Editor, Kelly Taylor

Alaska Law Review

No abstract provided.

Journal Staff

Alaska Law Review

No abstract provided.

John C. H. Wu At The University Of Michigan School Of Law, Xiuqing Li

Articles

The following is an English language translation of a 2008 Chinese language article on John C.H. Wu, Soochow Law School LL.B. 1920 and Michigan Law School, J.D. 1921, by Professor Li Xiuqing of Shanghai's East China University of Political Science and Law. Li is a specialist in Chinese and foreign legal history, with a focus on the transplant of Western and Japanese law into China during the late imperial and modern era. She also serves as the Secretary-General of the China Foreign Legal History Association. In 2006-07, Li was a Fulbright Scholar at the University of Michigan Law School, where …

Table Of Contents - Issue 1, North Carolina Law Review

North Carolina Law Review

No abstract provided.

The Sec's Global Accounting Vision: A Realistic Appraisal Of A Quixotic Quest, Lawrence A. Cunningham

North Carolina Law Review

No abstract provided.

Sovereigns As Shareholders, Paul Rose

North Carolina Law Review

No abstract provided.

Disputed Deductions: Delfino And The Fourth Circuit's Prudent Adoption Of The Restrictive Approach To Tax Evasion Sentencing, Timothy J. Coley

North Carolina Law Review

No abstract provided.

Privacy And Funeral Protests, Christina E. Wells

North Carolina Law Review

No abstract provided.

Out Of Step: Why Pulliam V. Smith Should Be Overruled To Hold All North Carolina Parents - Gay And Straight - To The Same Custody Standard, M. Blake Huffman

North Carolina Law Review

No abstract provided.

Reevaluating Privacy And Disability Laws In The Wake Of The Virginia Tech Tragedy: Considerations For Administrators And Lawmakers, Mary Fletcher Pena

North Carolina Law Review

No abstract provided.

United States Food Law Update: Consumer Protections And Access To Information: Rbst, Bpa, The Ada And Color Additives, A. Bryan Endres

Journal of Food Law & Policy

Five significant legal developments in the first half of 2008 warrant examination in this version of the Food Law Update. Comprehensive discussions of recombinant bovine somatotropin (rBST)- related dairy product labeling and regulatory actions regarding Bisphenol A (BPA) use in food and food contact materials comprise the bulk of this article's analysis. Briefer discussions concerning consumer class action litigation for false advertising claims, an Americans with Disabilities Act case from the Second Circuit Court of Appeals and New York City Board of Health regulations requiring certain chain restaurants to post caloric content information on menus comprise the balance of this …

Book Review: Stephen Hopgood, 'Keepers Of The Flame: Understanding Amnesty International', Kenneth Anderson

Book Reviews

This brief review (1100 words) examines Stephen Hopgood's half journalism-half anthropological journey inside the world of Amnesty International. The book is an outstanding piece of both reportage and analysis, and the review discusses the various pressures, political and ideological and social, on AI and those that work in its International Secretariat. As the review notes, AI is more like a religious order than anything else, and that observation has ramifications for the NGO world beyond AI.

Climate Change And Consumption, Michael P. Vandenbergh, Douglas A. Kysar

Vanderbilt Law School Faculty Publications

To achieve the level of greenhouse gas emissions reductions called for by climate change experts, officials and policy analysts may need to develop an unfamiliar category of regulated entity: the consumer. Although industrial, manufacturing, retail, and service sector firms undoubtedly will remain the focus of climate change policy in the near term, individuals and households exert a greenhouse footprint that seems simply too large for policymakers to ignore in the long term. This paper, written as a foreword for the Environmental Law Reporter's symposium issue, "Climate Change and Consumption," emerges from an interdisciplinary conference of the same title held at …

Consumption, Happiness, And Climate Change, Michael P. Vandenbergh, Mark A. Cohen

Vanderbilt Law School Faculty Publications

A large body of literature has developed over the past Jeveral years on the economics of happiness. One of the key insights of this literature is that beyond a subsistence level of income, relative income is often more important than absolute income to individual well-being. This is true for both comparisons against a reference group, e.g., across a community or country, as well as comparisons for the same individual over time. Another key insight is that changes in income have only transitory effects on well-being.

In this Article, we explore the implications of this literature for understanding the relationship between …

Using Economics To Fuel Responsible Energy Consumption Decisions, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

This Article considers the determinants of individual consumption decisions and how these decisions might better account for environmental impacts. In addition to exploiting the quite direct forms of regulatory incentives to alter behavior, such as taxes and regulatory standards, policymakers should take advantage of the potential of informational remedies that can assist people in making more efficient choices for themselves and more responsible decisions for the environment. This Article considers as a case study ways in which current information provisions for household energy utilization might be improved. In exploring the potential role of more environmentally responsible consumption decisions, I do …

How The Courts Opened The Door To Impeaching Criminal Defendants With Prior Convictions, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

This Article spotlights the flawed analytical framework at the heart of the federal courts' approach to one of the most controversial trial practices in American criminal jurisprudence - the admission of prior convictions to impeach the credibility of defendants who testify. As the Article explains, the flawed approach is a byproduct of the courts' reliance on a five-factor analytical framework to implement the governing legal standard enacted by Congress in Federal Rule of Evidence 609. Tracing the evolution of the five-factor framework from its roots in pre-Rule 609 case law, the Article demonstrates that the courts' reinterpretation of the framework …

Discounting Dilemmas: Editors' Introduction, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Two developments pose dilemmas for well established discounting techniques: (1) The extremely long time horizons associated with recently prominent environmental policy problems, such as climate change and nuclear waste storage, have made it important to take seriously both benefits to future generations and extreme uncertainties in projecting the returns to policies and future well being. (2) Findings in the burgeoning field of behavioral economics have made it clear that individuals routinely depart significantly from rational prescriptions when making choices over time, thus undermining a bulwark of the discounting approach. These two sets of dilemmas are addressed in a series of …

The Myth Of The Generalist Judge, Edward K. Cheng

Vanderbilt Law School Faculty Publications

Conventional judicial wisdom assumes and indeed celebrates the ideal of the generalist judge, but do judges really believe in it? This Article empirically tests this question by examining opinion assignments in the federal courts of appeals from 1995-2005. It reveals that opinion specialization is a regular part of circuit court practice, and that a significant number of judges specialize in specific subject areas. The Article then assesses the desirability of opinion specialization. Far from being a mere loophole, opinion specialization turns out to be an important development in judicial practice that promises to increase judicial expertise without incurring many of …

Does Heller Protect A Right To Carry Guns Outside The Home?, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Enforceability Of Regulatory Decisions And Protection Of Rights Of Telecommunications Undertakings, Sławomir Dudzik

Yearbook of Antitrust and Regulatory Studies

The article discusses problems of enforceability of regulatory decisions issued by the Polish regulatory authority – the President of the Office of Electronic Communications (UKE) in the context of the protection of the rights of electronic undertakings. The author refers to the standards for implementing decisions and provisional protection developed in the law of the Council of Europe and Community legislation, including Framework Directive 2002/21/EC. He also analyses Polish legal regulations which introduce European solutions, including regulations implementing Community framework for electronic communications, into the national legal order. Special attention is devoted to the competence of Polish administrative courts and …

State Regulation Of Sexuality In International Human Rights Law And Theory, Aaron Xavier Fellmeth

William & Mary Law Review

In Part I, this Article presents the first published, worldwide survey of international practice in interpreting and applying various international human rights norms to the issue of sexual freedom, with a special emphasis on the rights to privacy, family life, and freedom from arbitrary discrimination based on sexual orientation. Although progress toward general recognition of such rights by international authorities and states has been extremely rapid over a very short period, such recognition continues to vary geographically and according to the subject matter. For example, some rights, such as the right to consensual, adult, private intercourse have achieved more widespread …

Chevron's Consensus, Evan J. Criddle

Faculty Publications

No abstract provided.