Law Commons^™

Open Adoption, Inheritance, And The Uncleing Principle, E. Gary Spitko

Santa Clara Law Review

No abstract provided.

Taxing Families Fairly, Patricia A. Cain

Santa Clara Law Review

No abstract provided.

Same-Sex Couples: Their Rights As Parents, And Their Children's Rights As Children, Kathy T. Graham

Santa Clara Law Review

No abstract provided.

Controlling The Cat's Paw: Circuit Split Concerning The Level Of Control A Biased Subordinate Must Exert Over The Formal Decisionmaker's Choice To Terminate, Taran S. Kaler

Santa Clara Law Review

No abstract provided.

Rbst, It Does A Body Good: Rbst Labeling And The Federal Denial Of Consumers' Right To Know, Christina Cusimano

Santa Clara Law Review

No abstract provided.

Reflections On James N. Castleberry, Jr., Dean (1978-1989), St. Mary's University School Of Law Tribute., Charles E. Cantu

St. Mary's Law Journal

Abstract Forthcoming.

My How You've Grown: The St. Mary's Law Journal Turns Forty Remark., Martin D. Beirne

St. Mary's Law Journal

Abstract Forthcoming.

Chapters In The History Of The Supreme Court Of Texas: Reconstruction And Redemption (1866-1882)., Hans W. Baade

St. Mary's Law Journal

Abstract Forthcoming.

It's About Time: The Need For A Uniform Approach To Using A Prior Conviction To Impact A Witness., Robert F. Holland

St. Mary's Law Journal

In Texas, no uniform approach exists in determining whether to admit evidence of a prior conviction as a technique to impeach a witness. This lack of uniformity leads to significant consequences for the parties and poses a potential prejudicial effect on the truthful character of a witness. Furthermore, there is currently no bright-line judicial standard when evaluating the admissibility of certain prior convictions. Although the Texas Court of Criminal Appeals in Theus v. State provided a non-exhaustive set of factors for trial judges to consider, the court has yet to clarify particular aspects of how to properly apply Texas Rule …

The Tax Treatment Of Advance Receipts, David Hasen

Publications

Under the present income tax, some advance receipts are neither taxable on receipt nor deductible on repayment, while others are taxable when received and deductible when repaid or paid for. From a purely theoretical perspective, it remains unclear why different sets of rules apply in different cases. For example, if the fact of unrestricted control over the payment compels the conclusion that it is income, then most advance receipts, including loan proceeds, should be included in income immediately. Conversely, if the presence of an offsetting liability compels the conclusion that the payment is not (yet) income, then most advance receipts, …

2008-2009 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

Shame, Paul Campos

Publications

Here are some observations drawn from nearly seventeen years spent as a legal academic, using a particular device: the depiction of several fictional yet all-too-familiar legal academic characters. With one exception these characters are imaginary - yet their name is legion. The characters are The Drone, The Bully, The Hack, and The Fraud.

What can be done about them - or about us? Answering this question at all satisfactorily requires confronting more than the personal flaws of particular individuals: it necessitates grappling with the structural failures of the contemporary law school. It's true that some of what is wrong with …

Legitmacy And Criminal Justice, Jeffrey A. Fagan

Faculty Scholarship

Surveys of public opinion over four decades consistently show that Americans have little confidence in the fairness or effectiveness of the criminal justice system and criminal law more generally. This crisis of confidence is most acute among racial minorities: surveys show that more than one in three Whites have little confidence in the police, compared to more than half of Black respondents. Both the lack of confidence and the racial breach in perceptions of the law and legal actors have persisted for nearly four decades, regardless of whether crime was rising or falling.

But we might reasonably ask whether and …

The North Dakota Publicly Traded Corporations Act Of 2007, Legislative Assembly Of The State Of North Dakota

North Dakota Law Review

No abstract provided.

A New Paradigm For State Corporation Laws, William H. Clark, Jr, Amber A. Hough

North Dakota Law Review

No abstract provided.

North Dakota's Pro-Shareholder Law: A Major Advancement, Carl C. Icahn

North Dakota Law Review

No abstract provided.

A Vexatious Problem Among Many: In Light Of The Conflict Between The Fifth And Sixteenth Amendments, Is Taxation An Uncompensated Taking?, Mark R. Jundt, Vernon R. Pederson

North Dakota Law Review

No abstract provided.

Greed, Guns And Grist: U.S. Military Assistance And Arms Transfers To Developing Countries, Elizabeth Powers

North Dakota Law Review

No abstract provided.

Thoughts On The North Dakota Publicly Traded Corporations Act Of 2007, William B. Chandler Iii

North Dakota Law Review

No abstract provided.

Constitutional Law - Freedom Of Speech, Expression: Protecting Main Street? The North Dakota Supreme Court Analyzes Whether An Ordinance Regulating Exotic Dancing And Adult Entertainment Violates Free Speech And Constitutes A Regulatory Taking, Leah Johnson Ellis

North Dakota Law Review

McCrothers Corp. v. City of Mandan, 2007 ND 28

Lewis F. Powell, Jr.-A Personal View, J. Harvie Wilkinson Iii

Washington and Lee Law Review

No abstract provided.

Warming Up To Water Markets, Jonathan H. Adler

Faculty Publications

Water policy experts contend that the United States is heading toward a water scarcity crisis in the coming years. Global climate change is likely to make water scarcity much worse in the long run. This article argues that demands of current and projected water management challenges can best be met through a greater reliance on water markets. To facilitate this, water management must shift toward recognition of transferable rights in water that facilitate voluntary exchanges and the market pricing of water resources.

Reconstituting Japanese Law: International Norms And Domestic Litigation, Timothy Webster

Faculty Publications

This paper examines a number of lawsuits challenging racial discrimination in Japan’s private sector. Since Japan does not have a law banning private acts of racial discrimination, victims of racial discrimination invoke international human rights law to buttress their claims for compensation. I argue that Japanese judges are, by and large, receptive to these international law claims, but that the system for adjudicating racial discrimination disputes is inadequate. Specifically, a law that bans private acts of racial discrimination would put Japan in line with recently emergent global norms of equality.

Taxation And Doing Business In Indian Country, Erik M. Jensen

Faculty Publications

Furthering investment in Indian country (a term that includes, but is not limited to, reservations) is an important goal, but potential investors are hesitant - and with reason. One disincentive to invest is uncertainty about tax liability. Understanding taxation in Indian country requires knowledge not only of traditional tax law, but also of American Indian law principles dating from the early nineteenth century, and not many practitioners are up to that task. This article tries to make sense, as much as is possible, of the doctrines that have developed over the centuries.

The article first discusses some basics: the concept …

Emerging Issues In North American Trade - Labor Law, Chios Carmody, Kevin Banks, Robert Strassfeld

Faculty Publications

The Proceedings of the Canada-United States Law Institute Conference on an Example of Cooperation and Common Cause: Enhancing Canada-United States Security and Prosperity Through the Great Lakes and North American Trade, Panel on Emerging Issues in North American Trade - Labor Law, Cleveland, Ohio April 2-4, 2009.

Settlement Of The Acf Controversy: Sisyphus At The Dawn Of The 21st Century, Robert H. Abrams

Journal Publications

The ancient Greek myth in which Sisyphus is condemned to perpetually roll a massive boulder up a hill only to have it fall back down now symbolizes repetitive, ultimately fruitless effort. The Apalachicola-Chattahoochee-Flint (ACF) basin rapidly has become the emblem of Sisyphean water conflict in the eastern United States. It has the potential to rival some of the West's long-running water disputes, although it will never challenge the Colorado River in that regard.

At the outset, it is important to recognize that there are many parties with an interest in the ACF basin. The most prominent in recent years are …

Climate Change And Freshwater Resources, Robert H. Abrams, Noah D. Hall, Bret B. Stuntz

Journal Publications

Earth's climate is warming. This is the unequivocal conclusion of climate scientists. Despite the complexities of climatology, certain consistent trends emerge with implications for water availability: as the world gets warmer, it will experience increased regional variability in precipitation, with more frequent heavy precipitation events and more susceptibility to drought. These simple facts will have a profound impact on freshwater resources throughout the United States, as the warmer climate will reduce available water supplies and increase water demand. Unfortunately, current water law and policy are not up to the new challenges of climate change and resulting pressures on freshwater resources. …

Diversity Matters: Aba Lpm Section Addresses Firm Management's Role, Joan R. M. Bullock

Journal Publications

Law firms must address the individual perceptions of their attorneys with respect to diversity issues so that everyone's contributions to the firm's mission and bottom line are acknowledged and valued.

"Dirty Pretty Things" And The Law: Curing The Organ Shortage & Health Care Crises In America, Jennifer M. Smith

Journal Publications

There is an organ shortage crisis in the world, especially for kidneys and livers, resulting in approximately 6,000 deaths annually in the United States alone. There is also a health care crisis in the United States, with roughly sixteen percent of the population uninsured, resulting in approximately 18,000 deaths annually. In 1984, the National Organ Transplant Act ("NOTA') banned the acquisition of human organs in exchange for valuable consideration, primarily to prevent the exploitation of poor people--those who are most likely to sell their organs. Transplant professionals are increasingly pushing to legalize the outright sale of human organs from living …

Thre Dreaded Bluebook, Mary Whisner

Librarians' Articles

The Bluebook is reviled by many as confusing, arcane, and nitpicky. And some of those who are stumped and intimidated by the Bluebook come to reference librarians asking for help. Thus we are presented with a wonderful opportunity to serve (while building our credibility and earning our patrons' thanks). But of course we must first get past our own Bluebook anxiety.