Law Commons^™

Proposition 2: Standards For Confining Farm Animals Act, James Bothwell, Lezley Watts

California Initiative Review (CIR)

No abstract provided.

Proposition 7 Renewable Energy Generation. Initiative Statute., David Cox, Amber Maltbie

California Initiative Review (CIR)

No abstract provided.

Proposition 8: Eliminates Right Of Same-Sex Couples To Marry. Initiative Constitutional Amendment., Joshua Irving Kob, Rebekah Leah Grodsky

California Initiative Review (CIR)

No abstract provided.

The Effect Of Blakely V. Washington On Upward Departures In A Sentencing Guideline State, Brian Iannacchione, Jeremy Ball

Criminal Justice Faculty Publications and Presentations

One of the problems facing the criminal justice system is unwarranted disparity as a result of unbridled discretion. Although disparity, by itself, does not necessarily indicate a problem in the criminal justice system, disparity unwarranted does present a problem. Disparity becomes unwarranted when, controlling for legal factors, extralegal factors such as race/ethnicity, gender, and age influence court processing decisions. The greater the discretion one possesses, the higher the likelihood of unwarranted disparity in one’s decisions (Albonetti, 1991; Meeker, Jesilow, & Aranda, 1992; Bushway & Piehl, 2001). Within the criminal court system, judicial discretion in sentencing has received the most scrutiny.

Teaching Tips: Personal Criminal History Analysis Paper, Gordon Crews, Angela Crews

Criminal Justice Faculty Research

Students often have difficulty visualizing the practical application of criminological theory. The following activity assists instructors to develop students‘ abilities in evaluating behaviors and determining the theoretical perspectives that potentially could be used to explain those behaviors. It also is designed to assist students in comprehending how their own experiences impact their views on law-violating behavior and its etiology. This exercise facilitates students‘ awareness of how their beliefs about the causes of law-violating behavior inevitably impact their beliefs about potential solutions or responses to this type of behavior. Eventually, students unfailingly begin to realize the artificial dichotomy between us, as …

The Changing Context, Denise Fort, Helen Ingram, David Feldman, Nathan Mantua, Katharine L. Jacobs, Nancy Beller-Simms

Faculty Book Display Case

Faced with mounting pressures from a changing climate, an increasing population, a transitory populace, and varying access to available natural resources, decision makers, scientists, and resource managers have an immediate need to understand, obtain, and better integrate climate forecasts and observational data in near- and long-term planning. Reducing our societal vulnerability to variabilities and changes in climate depends upon our ability to bridge the gap between climate science and the implementation of scientific understanding in our management of critical resources, arguably the most important of which is water. Our ability to adapt and respond to climate variability and change depends, …

Bong Hits 4 Jesus: Making Sense Of Free Speech In High Schools, Mark W. Cordes

College of Law Faculty Publications

The Supreme Court’s most recent high school speech case, Morse v. Fredericks, 127 S.Ct. 2618 (2007), generated much attention, perhaps more than the specific issue before the Court was worth. Much of that attention, of course, was attributable to the informal name for the case - “Bong Hits 4 Jesus.” By itself that was enough to create a groundswell of curiosity and allowed the media to make the normally dry and stuffy workings of the Supreme Court sound downright fun. Beyond that, however, the case involved the intersection of a highly valued liberty, free speech, with the tumultuous setting of …

The Past, Present, And Future Of The United Nations: A Comment On Paul Kennedy And The Parliament Of Man, Kenneth Anderson

Book Reviews

This is the English language version of an essay (10,000 words) appearing in the Revista de Libros (Madrid), considering the history and future of the United Nations and global governance through the lens of Paul Kennedy's recent work, The Parliament of Man. The essay is highly skeptical of what it describes as platonism about the future of the UN as the seat of global governance. It offers an alternative view of how to consider the work of the UN, in three areas: security, economic development, and values. The essay argues that, particularly with the rise of new great power tensions …

Uwlaw, Fall 2008, Vol. 58

Alumni Magazines

No abstract provided.

Trading Information For Safety: Immigrant Informants, Federal Law-Enforcement Agents, And The Viability Of Non-Deportation Agreements, Colleen Melody

Washington Law Review

Federal law-enforcement agents use informants to help guide investigations. Immigrants sometimes possess valuable information about organized crime connected with their home countries. To persuade an immigrant to divulge such information, federal agents and prosecutors often promise to reward cooperation with permission to stay in the United States. Non-deportation is a persuasive enticement to an informant who might otherwise be unwilling to help; criminal groups would likely harm a known informant returning home. After deciding to cooperate, many immigrants are placed in deportation proceedings notwithstanding their deals. This Comment discusses the persistent legal conundrum faced by immigrant informants after the U.S. …

Missouri V. Holland And Historical Textualism , Michael D. Ramsey

Missouri Law Review

This essay does not undertake to say what the Holland rule should be today; instead, it advances a methodology to determine the Constitution's original meaning on the matter. Its approach, for want of a better phrase, I will call "historical textualism." In brief, historical textualism finds constitutional meaning in the specific words of the Constitution's text as they were situated and understood in the context in which they were written. Applying that approach, I find full support for Holland's conclusion in the Constitution's original meaning. That conclusion differs from other studies which have relied on "originalist" analysis to find subject …

Dividing Up Intelligence Education, Robert Clark, Ph.D

Journal of Strategic Security

At this year's annual conference of the International Association for Intelligence Education (IAFIE) in Monterey, CA, the keynote speaker posed the question, "How much do you need intelligence education outside the beltway?" Which led to a second question discussed during the conference: "What should such education look like?" In short, what should we be teaching in universities? What should we leave to the intelligence community as training? And what could be done in either or both settings? The first question of any educational effort is:What are we preparing students for?

Myths, Reasonable Disagreement, And A League Of Democracies, James Pattison

Human Rights & Human Welfare

The United States ' election in 2004 was based on a number of foreign policy myths. Three of the most obvious were:

• The war in Iraq was necessary as a response to the threat of international terrorism. As a result, the world is now a safer place;
• The institutions of the UN are corrupt and do nothing but restrict American power;
• Al Qaeda and international terrorism more generally are extremely significant threats to American national security

Human Rights And The 2008 U.S. Presidential Election, Brent J. Steele

Human Rights & Human Welfare

There has been a vivid tendency this year by the conventional keepers of Washington wisdom to explicate the two presidential candidates' foreign policy views using old frameworks of "hawk" and "dove." Not only is this binary wrong, it fundamentally obscures some rather ironic potentials for how each candidate, if elected president, will focus upon human rights in their foreign policy. McCain's neoconservative view of the world is founded upon the Wilsonian call for democratization-culminating in what he terms a "League of Democracies." To use a concept that Arnold Wolfers first coined, and one which Joshua Muravchik has proffered as well, …

The Fundamental Goal Of Antitrust: Protecting Consumers, Not Increasing Efficiency, John B. Kirkwood, Robert H. Lande

All Faculty Scholarship

The conventional wisdom in the antitrust community is that the purpose of the antitrust laws is to promote economic efficiency. That view is incorrect. As this article shows, the fundamental goal of antitrust law is to protect consumers.

This article defines the relevant economic concepts, summarizes the legislative histories, analyzes recent case law in more depth than any prior article, and explores the most likely bases for current popular support of the antitrust laws. All these factors indicate that the ultimate goal of antitrust is not to increase the total wealth of society, but to protect consumers from behavior that …

Co2 Eor And Co2 Sequestration – The Case For Collaboration, University Of North Dakota. Energy And Environmental Research Center

EERC Brochures and Fact Sheets

Fact sheet on energy policies and how they pertain to enhanced oil recovery (EOR) and CO₂ capture and sequestration (CCS). [This item is an outdated or superseded version and retained for historical purposes only. It may no longer reflect current information, policies, or practices.]

Adjusting Alienabillity, Lee Anne Fennell

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Speak Softly...With Everyone You Can, Todd Landman

Human Rights & Human Welfare

From the Monroe Doctrine to the Bush Doctrine, United States foreign policy has been predicated on the assumption that somehow it knows what is best for the rest of the world. Monroe feared a potential encroachment from Russia and meddling in the "American" Hemisphere by the European powers and issued what originally appeared as a modest statement about resistance to intervention by any other country than the United States . Ironically enforced by the British Navy at that time, the Monroe Doctrine went far beyond its modest beginnings to set a precedent for the development of U.S. foreign policy. The …

Are Artificial Tans The New Cigarette? How Plaintiffs Can Use The Lessons Of Tobacco Litigation In Bringing Claims Against The Indoor Tanning Industry, Andrea Y. Loh

Michigan Law Review

Indoor tanning salons have grown significantly in popularity during recent years. Scientific research has revealed a strong link between skin cancer and ultraviolet light exposure from indoor tanning lamps. Despite such dangers, federal regulations place minimal restrictions on the labeling of indoor tanning lamps. Indoor tanning salons work vigorously to dispel notions of a link to skin cancer, often falsely promoting various health benefits of indoor tanning. The first lawsuit for injuries resulting from indoor tanning was recently filed against an indoor tanning salon, and other such litigation is poised to follow. This Note examines three potential tort claims against …

The Domestic Incorporation Of Human Rights Law And The United Nations Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Michael Ashley Stein

Washington Law Review

This Article reviews the processes by which domestic-level transposition of international human rights norms may occur as a consequence of human rights treaty ratification, or other means of incorporation. Specifically, we consider the transformative vision of the Convention on the Rights of Persons with Disabilities (CRPD or Convention) as a vehicle for fostering national-level disability law and policy changes. In doing so, we outline the challenges and opportunities presented by this new phase in disability rights advocacy, and we draw conclusions that bear generally upon human rights practice and scholarship. We contend that the role of human rights in domestic …

Four-Factor Disaster: Courts Should Abandon The Circuit Test For Distinguishing Government Speech From Private Speech, Lilia Lim

Washington Law Review

A recent addition to First Amendment jurisprudence, the government-speech doctrine was developed by the Supreme Court to insulate government speech from certain First Amendment challenges. Broadly, the doctrine rests on the notion that when the government speaks for itself, it may say what it wishes. Recently, government entities facing claims of viewpoint discrimination against speech have asserted a government-speech defense, claiming that their viewpoint-based actions were justifiable because they were not regulating private speech but speaking for themselves. Several federal courts deciding these cases have applied a circuit-developed, four-factor test to determine whether the speech at issue was private speech …

Disability, Vulnerability, And The Limits Of Antidiscrimination, Ani B. Satz

Washington Law Review

Despite the passage of the Americans with Disabilities Act of 1990 (ADA), disabled Americans face substantial barriers to entry into the workplace, lack material supports including health care and transportation, and may not receive reasonable accommodation that best supports their functioning. In addition, individuals with impairments have difficulty qualifying as disabled for disability protections. In light of these problems, some commentators suggest that a civil rights or antidiscrimination approach to disability discrimination—an approach for which activists fought for twenty years prior to the enactment of the ADA—may not adequately address disability discrimination. Some critics advocate a return to the social …

Judging National Security Post-9/11: An Empirical Investigation, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Many people believe that when national security is threatened, federal courts should defer to the government. Many other people believe that in times of crisis, citizens are vulnerable to a kind of "panic" that leads to unjustified intrusions on liberty. But to date, there is little information about what federal courts have actually done in this domain, especially in the period after the attacks of September 11, 2001. On the basis of a comprehensive study of relevant courts of appeals decisions in the aftermath of those attacks, this essay offers four findings. First, the invalidation rate is about 15 percent …

The Chesterfield/Colonial Heights Drug Court: A Partnership Between The Criminal Justice System And The Treatment Community, Hon. Frederick G. Rockwell Iii

University of Richmond Law Review

No abstract provided.

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

Labor And Employment Law, Anne Richardson Smith

University of Richmond Law Review

No abstract provided.

Railroad Law, Brent M. Timberlake

University of Richmond Law Review

No abstract provided.

Taxation, Craig D. Bell

University of Richmond Law Review

No abstract provided.

Motions 2008 Volume 44 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Torts And Innovation, Alex Stein, Gideon Parchomovsky

Faculty Scholarship

No abstract provided.