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Articles 481 - 510 of 10751
Full-Text Articles in Law
Vol. 6, No. 05 (November/December 2008)
Rluipa And Eminent Domain: Probing The Boundaries Of Religious Land Use Protection, Matthew Baker
Rluipa And Eminent Domain: Probing The Boundaries Of Religious Land Use Protection, Matthew Baker
BYU Law Review
No abstract provided.
Cultural Norms As A Source Of Law: The Example Of Bottled Water, Christine A. Klein, Ling-Yee Huang
Cultural Norms As A Source Of Law: The Example Of Bottled Water, Christine A. Klein, Ling-Yee Huang
UF Law Faculty Publications
As a metaphor for the interaction of law and culture, bottled water is striking in its simplicity and clarity. Bottled water consumers form a surprisingly loyal subculture of beverage drinkers, united by the water truths and water myths that they embrace. More recently, an equally fervent subculture of bottled water protestors has begun to coalesce. Notably, the cultural norms associated with both supporters and detractors extend beyond mere hydration and encompass such fundamental and varied notions as health, taste, convenience, status, morality, anti-privatization, sustainability, and truth-telling. In contrast to the cultural story, the legal narrative is surprisingly sparse, overlooking an …
Putting Missouri V. Holland On The Map, Edward T. Swaine
Putting Missouri V. Holland On The Map, Edward T. Swaine
Missouri Law Review
While I can think of no fitter setting for a symposium on this important topic, it must be admitted that geographically speaking, Missouri v. Holland disappoints. One thrills to the prospect of a divisive dispute between the State of Missouri and a province of the Netherlands - perhaps a sub-national compact on flood control gone sour? It quickly becomes apparent, though, that "Holland" is merely a lower-level federal official. And Missouri's particulars play a limited role in the case, as suggested by the fact that Kansas came to its side in the Supreme Court proceedings. Those who are not students …
Crucial Role Of The States And Private International Law Treaties: A Model For Accommodating Globalization, The, Julian G. Ku
Crucial Role Of The States And Private International Law Treaties: A Model For Accommodating Globalization, The, Julian G. Ku
Missouri Law Review
This brief essay highlights the central and important role that state governments play in the development and integration of private international law treaties into the United States legal system. States play this central role even though, as some of the papers in this symposium have concluded, there are few, if any, constitutional constraints on the ability of the federal government to sign, ratify, and implement treaties that would displace state law. The primacy of states in the integration of private international law, this essay argues, points the way to a model of accommodation of other kinds of treaties affecting traditional …
Elusive Foreign Compact, The, Duncan B. Hollis
Elusive Foreign Compact, The, Duncan B. Hollis
Missouri Law Review
Missouri v. Holland marks one of the great rivalries of foreign affairs law, with Missouri and the federal government squaring off over states' rights limitations on the federal government's treaty-making power.' But the rivalry did not end with that case. Recently, Missouri and the federal government opened a new chapter in their feud over state and federal powers in foreign affairs. This time, however, the constitutional challenge involved an international agreement made by Missouri, not the federal government
"Everybody Is Making Love Or Else Expecting Rain": Considering The Sexual Autonomy Rights Of Persons Institutionalized Because Of Mental Disability In Forensic Hospitals And In Asia, Michael L. Perlin
Washington Law Review
One of the most controversial policy questions in all of institutional mental disability law is the extent to which patients in psychiatric hospitals have a right to voluntary sexual interaction. The resolution of this matter involves difficult and sensitive questions of law, social policy, clinical judgment, politics, religion, and family structures. As difficult as these questions are in cases involving civil hospitals, the difficulties are exacerbated when the topic is the application of the right in forensic hospitals. Such facilities typically house individuals involved in the criminal-justice system: who may be incompetent to stand trial; who have been found incompetent …
Data Note: Tracking Employment And Day Support Participation And Outcomes In State Intellectual Disability And Developmental Disability Agencies, Samita Bhattarai, Jean E. Winsor
Data Note: Tracking Employment And Day Support Participation And Outcomes In State Intellectual Disability And Developmental Disability Agencies, Samita Bhattarai, Jean E. Winsor
Data Note Series, Institute for Community Inclusion
As a part of the FY2007 National Survey of Day and Employment Programs data was requested from state Intellectual Disabilities and Developmental Disabilities (ID/DD) agencies regarding the sources of information used to report the total number of individuals served in the following services categories: integrated employment, facility-based work, community-based non work, and facility-based non work. Data on sources is an important factor to note when comparing each state’s service outcomes over time. Collecting information on the source of the data can help to explain unexpected trends in state service distribution when the state has not implemented changes in policy or …
Cultural Norms As A Source Of Law: The Example Of Bottled Water, Christine A. Klein, Ling-Yee Huang
Cultural Norms As A Source Of Law: The Example Of Bottled Water, Christine A. Klein, Ling-Yee Huang
Cardozo Law Review
As a metaphor for the interaction of law and culture, bottled water is striking in its simplicity and clarity. Bottled water consumers form a surprisingly loyal subculture of beverage drinkers, united by the water truths and water myths that they embrace. More recently, an equally fervent subculture of bottled water protestors has begun to coalesce. Notably, the cultural norms associated with both supporters and detractors extend beyond mere hydration and encompass such fundamental and varied notions as health, taste, convenience, status, morality, anti-privatization, sustainability, and truth-telling. In contrast to the cultural story, the legal narrative is surprisingly sparse, overlooking an …
Crisis Governance In The Administrative State: 9/11 And The Financial Meltdown Of 2008, Eric A. Posner, Adrian Vermeule
Crisis Governance In The Administrative State: 9/11 And The Financial Meltdown Of 2008, Eric A. Posner, Adrian Vermeule
Public Law and Legal Theory Working Papers
No abstract provided.
The Clash Of Commitments At The International Criminal Court, Tom Ginsburg
The Clash Of Commitments At The International Criminal Court, Tom Ginsburg
Public Law and Legal Theory Working Papers
No abstract provided.
Guarding The Guardians: Judicial Councils And Judicial Independence, Nuno Garoupa, Tom Ginsburg
Guarding The Guardians: Judicial Councils And Judicial Independence, Nuno Garoupa, Tom Ginsburg
Public Law and Legal Theory Working Papers
This Article uses comparative evidence to inform the ongoing debate about the selection and discipline of judges. In recent decades, many countries around the world have created judicial councils, institutions designed to maintain an appropriate balance between judicial independence and accountability. Our Article has two aims. First, we provide a theory of the formation of judicial councils and identify some of the dimensions along which they differ. Second, we test the extent to which different designs of judicial council affect judicial quality. We find that there is little relationship between councils and quality. We also offer a positive explanation for …
Originalism's Expiration Date, Adam M. Samaha
Originalism's Expiration Date, Adam M. Samaha
Public Law and Legal Theory Working Papers
The Constitution of the United States declares itself supreme law, but even the amended document is ancient. By 2008, the predicted age of a randomly selected word in this text reached 178 years. The judiciary, for its part, might not interpret the text until decades after ratification. For Article V amendments, the average lag between ratification and Supreme Court interpretation has been about 40 years. The question is how these features of our supreme law might influence the choice of interpretive method and, ultimately, constitutional decision-making. In particular, some scholars indicate that originalism may be a strong force in adjudication …
Icworld: An Mmog-Based Approach To Analysis, Kimberly Gill, David Rolston, Wyatt Wong, Robert Pietrusko
Icworld: An Mmog-Based Approach To Analysis, Kimberly Gill, David Rolston, Wyatt Wong, Robert Pietrusko
Journal of Strategic Security
Intelligence analysts routinely work with "wicked" problems—critical,time-sensitive problems where analytical errors can lead to catastrophic consequences for the nation's security. In the analyst's world, important decisions are often made quickly, and are made based on consuming, understanding, and piecing together enormous volumes of data. The data is not only voluminous, but often fragmented, subjective, inaccurate and fluid.Why does multi-player on-line gaming (MMOG) technology matter to the IC? Fundamentally, there are two reasons. The first is technological: stripping away the gamelike content, MMOGs are dynamic systems that represent a physical world, where users are presented with (virtual) life-and-death challenges that can …
Short Takes: Intelligence-Service Psychology: A German Perspective, Sven Max Litzcke, Helmut Müller-Enbergs
Short Takes: Intelligence-Service Psychology: A German Perspective, Sven Max Litzcke, Helmut Müller-Enbergs
Journal of Strategic Security
To date, four German volumes in the series "Intelligence-Service Psychology" (Nachrichtendienstpsychologie) have been published. These volumes generated interest in both the German and non-German speaking communities. It was therefore decided to translate some of the basic articles of the series into English (Litzcke, Müller-Enbergs & Ungerer, 2008), making them accessible to a wider range of readers. This article contains abbreviated versions of the articles in the book.
Research Note: Using The Iterate And Dots Databases, Peter A. Flemming, Edward Mickolus, Todd Sandler
Research Note: Using The Iterate And Dots Databases, Peter A. Flemming, Edward Mickolus, Todd Sandler
Journal of Strategic Security
For more than three decades, Vinyard Software's two ITERATE (International Terrorism: Attributes of Terrorist Events) datasets have set the standard in events research for terrorism researchers. It has recently been supplemented by the DOTS (Data on Terrorist Subjects) biographies project, which covers all terrorists, supporters, and other individuals mentioned in the ITERATE project.
The Morality Of Immigration Policy, Peter H. Schuck
The Morality Of Immigration Policy, Peter H. Schuck
San Diego Law Review
In Part I, I discuss five kinds of deontological arguments that a moralist might advance in debating the ideal nature of our immigration policy. In Part II, I take a more instrumentalist-consequentialist approach to immigration policy analysis. Before doing so, however, I briefly note some of the familiar methodological and cognitive limitations of applying this approach to complex public policy issues of this kind, limitations that remind us of the irreducible importance of normative considerations and judgments to such policy assessments. I then go on to identify the three main sets of empirical controversies that figure most prominently in immigration …
Brain Drain, Fernando R. Teson
Brain Drain, Fernando R. Teson
San Diego Law Review
This Article argues against this conventional view. Most of the time there is nothing unfair about the brain drain, whether one considers it from the standpoint of the emigrant, the source country, or the host country. Critics of the brain drain make problematic empirical and philosophical claims. The empirical assumption of the critics, that the brain drain invariably hurts developing countries, is controversial. While a number of authorities endorse the conventional view that the brain drain hurts source countries, a contrarian literature suggests that the brain drain may help those left behind - that there is, in fact, a brain …
Immigration And Political Equality, Michael Blake
Immigration And Political Equality, Michael Blake
San Diego Law Review
The act of immigration alters several forms of human relationship simultaneously. It represents a change in physical location and so alters the relationship between persons represented by geographic concepts such as territory and property. In immigrating, immigrants acquire a new place in the world that they may understand, in some sense of the word, as their own. Immigration also alters a political relationship insofar as the immigrant acquires a new political status in virtue of that new home in the world. The immigrant ought to be understood as creating through the act of immigration a new set of relationships to …
An Ounce Of Prevention: Solving Some Unforeseen Problems With The Proposed Amendments To Rule 56 And The Federal Summary Judgment Process, Adam N. Steinman
An Ounce Of Prevention: Solving Some Unforeseen Problems With The Proposed Amendments To Rule 56 And The Federal Summary Judgment Process, Adam N. Steinman
Faculty Scholarship
The Civil Rules Advisory Committee has recently proposed the most significant revisions to Rule 56 since the Federal Rules of Civil Procedure were adopted seventy years ago. Although the stated goal of the proposed amendments is laudable - "to improve the procedures for making and opposing summary-judgment motions, and to facilitate the judge's work in resolving them" - this Essay in the Northwestern University Law Review Colloquy identifies some unanticipated problems with the proposed text. Contrary to the Advisory Committee's intent, the proposed text may inadvertently make substantial changes to the summary-judgment standard and the burdens on litigants at the …
What Is The Erie Doctrine? (And What Does It Mean For The Contemporary Politics Of Judicial Federalism?), Adam N. Steinman
What Is The Erie Doctrine? (And What Does It Mean For The Contemporary Politics Of Judicial Federalism?), Adam N. Steinman
Faculty Scholarship
As when Erie Railroad Co. v. Tompkins was decided seventy years ago, federal courts today are seen as more favorable to corporate and business interests than many of their state-court brethren. The current situation is due in no small part to federal courts' comparatively pro-defendant approaches to summary judgment, class certification, and other procedural issues. The Court's decision in Bell Atlantic Corp. v. Twombly, which tilts federal pleading standards in favor of defendants, will likely have similar federalism implications. This Article presents a straightforward argument that the Erie doctrine may require federal courts to follow state-law standards on summary judgment, …
The Opinion Volume 46 Issue 3 – November 1, 2008, The Opinion
The Opinion Volume 46 Issue 3 – November 1, 2008, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated November 01, 2008
The Uncertain Future Of Legal Reform In China, Stanley B. Lubman
The Uncertain Future Of Legal Reform In China, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
This talk looks at how far Chinese law reform has come since 1979, possible further reforms, and obstacles to meaningful reform.
Special Masters And E-Discovery: The Intersection Of Two Recent Revisions To The Federal Rules Of Civil Procedure, Shira A. Scheindlin, Jonathan M. Redgrave
Special Masters And E-Discovery: The Intersection Of Two Recent Revisions To The Federal Rules Of Civil Procedure, Shira A. Scheindlin, Jonathan M. Redgrave
Cardozo Law Review
No abstract provided.
Sense And Sensibility In Securitization: A Prudent Legal Structure And A Fanciful Critique, Thomas E. Plank
Sense And Sensibility In Securitization: A Prudent Legal Structure And A Fanciful Critique, Thomas E. Plank
Cardozo Law Review
No abstract provided.
From The Runway To The Courtroom: How Substantial Similarity Is Unfit For Fashion, Victoria Elman
From The Runway To The Courtroom: How Substantial Similarity Is Unfit For Fashion, Victoria Elman
Cardozo Law Review
No abstract provided.
Professional Development: Your Key To Success And Satisfaction, Sandee Magliozzi, Susan P. Beneville
Professional Development: Your Key To Success And Satisfaction, Sandee Magliozzi, Susan P. Beneville
Faculty Publications
No abstract provided.
What Story Got Wrong - Federalism, Localist Opportunism And International Law, Paul B. Stephan
What Story Got Wrong - Federalism, Localist Opportunism And International Law, Paul B. Stephan
Missouri Law Review
I first explain the theoretical underpinning of the argument against the inevitability of localist opportunism. I then illustrate the general theory with three examples where the international obligations of the United States can be met without the strong federal supervision that Story deemed necessary and that latter-day nationalists embrace. I first discuss the body of law that was the subject of Swift v. Tyson, namely the rules governing negotiable instruments. Story thought that developing a federal common law was necessary to thwart idiosyncratic, and presumably opportunistic, state decisions. Yet both before and after the overthrow of Swift v. Tyson in …