Law Commons^™

Republic Outdoor Advertising, L.C. V. Utah Department Of Transportation, R.O.A Genral, Inc., And City Of South Salt Lake : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Third Judicial District Court, Salt Lake County, Judge Vernice Trease

Dixon Building V. Jefferson : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Empirical Legal Research, A Growing Area Of Service For Us Law Librarians, Darla Jackson

Other Faculty Publications

No abstract provided.

"Anything You Say May Be Used Against You": A Proposed Seminar On The Lawyer’S Duty To Warn Of Confidentiality’S Limits In Today's Post-Enron World, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

In light of recent developments, the confidence that one's communications with a lawyer will remain sacrosanct today may be badly misplaced. This raises important questions concerning the duty of lawyers: When, to what extent, and in what detail, does an attorney communicating with someone who may expect confidentiality, have a duty to explain in advance the circumstances under which the information gained may subsequently be revealed pursuant to these or other confidentiality loopholes? Will the interviewee “clam up” in the face of such Miranda-like warnings? If so, what does this do to the premise of Upjohn and the Model Rule …

The Elusive Cap And Gown: The Impact Of Tax Policy On Access To Higher Education For Law-Income Individuals And Families, Phyllis C. Taite

Faculty Articles

No abstract provided.

Neuroimaging And Capital Punishment, O. Carter Snead

Journal Articles

Can brain scans be used to determine whether a person is inclined toward criminality or violent behavior?

This question, asked by Senator Joseph Biden of Delaware at the hearing considering the nomination of John Roberts to be Chief Justice of the United States, illustrates the extent to which cognitive neuroscience - increasingly augmented by the growing powers of neuroimaging, the use of various technologies to directly or indirectly observe the structure and function of the brain - has captured the imagination of those who make, enforce, interpret, and study the law.

The attraction of the legal community to cognitive neuroscience …

The Case For Oral Argument In The Supreme Court Of Oklahoma, Andrew Coats, Joseph Thai

Faculty Articles

No abstract provided.

Robert L. Oakley: In Memoriam, James V. Feinerman

Georgetown Law Faculty Publications and Other Works

In January 1968, the New York Times Magazine printed a speech prepared by George F. Kennan for the dedication of a new library at Swarthmore College under the title "Rebels Without a Program." The response from students and teachers on the campuses was so great that a book was prepared, titled "Democracy and the Student Left." Among the student respondents was the young Bob Oakley.

Eu Law, International Law, And Economic Sanctions Against Terrorism: The Judiciary In Distress?, Takis Tridimas, Jose A. Gutierrez-Fons

Fordham International Law Journal

This Article seeks to examine the relationship between European Union (“EU”) law, international law, and the protection of fundamental rights in light of recent case law of the European Court of Justice (“ECJ”) and the Court of First Instance (“CFI”) relating to economic sanctions against individuals. It first looks at the judgment in Kadi. After a short presentation of the factual and legal background, it explores the question of whether the EU has competence to adopt smart sanctions. It then examines whether the EU is bound by resolutions of the UNSC, whether the ECJ has jurisdiction to review Community measures …

New Frontiers In The Relationship Between National And European Courts, George A. Bermann

Fordham International Law Journal

The central question pervading this discussion is simply stated: whether and to what extent the European Court of Justice (“Court of Justice” or “Court”) (and the European institutions more generally) can count on the courts of the Member States to perform their judicial tasks in ways that are faithful to the ground rules of European Union (“EU”) law, be those rules substantive or procedural in character. Looking back over the past five decades, I am struck by the succession of different forms this question of national court “fidelity” to Community law, for lack of a better term, has taken. (The …

'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Foreword: Lawyers, Law Firms & The Legal Profession: An Ethical View Of The Business Of Law, Margit Livingston

College of Law Faculty

No abstract provided.

Clinical Legal Education And The Public Interest In Intellectual Property Law, Joshua Sarnoff, Christine Farley, Peter Jaszi, Ann Shalleck, Victoria Phillips

College of Law Faculty

Clinical legal education provides a powerful methodology for students to learn about the relationships among intellectual property law theories, policies and practices; to encounter the experiences of persons who seek protection or who feel the legal regimes of intellectual property impinging on their ability to engage in educational, creative, innovative and culturally significant work; and to develop as lawyers. We describe in this article our motivations for forming an intellectual property law clinic at the American University Washington College of Law, the goals that we seek to achieve, and the tripartite pedagogical structure that we adopted - (1) a seminar …

Re-Interpreting Postville: A Legal Perspective, Sioban Albiol, R. Linus Chan, Sarah Diaz

College of Law Faculty

No abstract provided.

Facilitating A Dialog Of Catholic Mission And Integrating Best Practices, Craig Mousin, Gary Miller

Mission and Ministry Publications

No abstract provided.

"Now For A Clean Sweep!": Smiley V. Holm, Partisan Gerrymandering, And At-Large Congressional Elections, Benedict J. Schweigert

Michigan Law Review

The 1930 Census reduced Minnesota's apportionment in the U.S. House of Representatives from ten to nine, requiring the state to draw new congressional districts. The Republican-led state legislature passed a gerrymandered redistricting bill in an attempt to insulate its nine incumbents in the state's delegation from the party's expected loss of the statewide popular vote to the insurgent Farmer-Labor Party. When the Farmer-Labor Governor, Floyd B. Olson, vetoed the redistricting bill, the legislature claimed the bill could take effect without the governor's signature. In Smiley v. Holm, the U.S. Supreme Court decided that the veto was effective and that …

How To Create—Or Destroy—Wealth In Real Property, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Some Reflections On Custom In The Ip Universe, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

The Human And Economic Dimensions Of Altruism: The Case Of Organ Transplantation, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

This paper analyzes three issues critical to understanding the chronic shortage in organs. Section 2 develops a simple economic model of altruism that helps explain how markets with altruistic participants operate in ways similar to ordinary economic markets, but produce an equilibrium position in which more organs are transferred at lower cash prices. Section 3 examines and rejects the various arguments used to undermine the neoclassical arguments in the first section. Section 4 looks at ways to expand the supply of organs: directed donations within families and among friends, solicited organs via matchingdonors.com, donor-recipient pairs, and LifeSharers.

Adolescent Risk-Taking And Social Meaning: A Commentary, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Why do adolescents take risks? What is the appropriate response to adolescent risk-taking? This Commentary for a special issue of Developmental Review, discussing a set of papers in that issue, explores these questions with attention to changes in the adolescent brain, to dual-processing theory, to social influences, and to fuzzy-trace theory. It contends that adolescent risk-taking is often driven by the social meaning of risk and caution, and that social meaning operates as a tax on or a subsidy to behavior. Changes in social meaning present a serious collective action problem, but also a valuable opportunity for both law and …

After Innocence: Framing Wrongful Convictions, Susan A. Bandes

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Conspiracy Theories, Cass R. Sunstein, Adrian Vermeule

Coase-Sandor Institute for Law & Economics Research Paper Series

Many millions of people hold conspiracy theories; they believe that powerful people have worked together in order to withhold the truth about some important practice or some terrible event. A recent example is the belief, widespread in some parts of the world, that the attacks of 9/11 were carried out not by Al Qaeda, but by Israel or the United States. Those who subscribe to conspiracy theories may create serious risks, including risks of violence, and the existence of such theories raises significant challenges for policy and law. The first challenge is to understand the mechanisms by which conspiracy theories …

The Legacy Of The Nuremberg Doctors' Trial To American Bioethics And Human Rights, George J. Annas

Faculty Scholarship

In this lecture I argue that modern bioethics was born at the Nuremberg Doctors' Trial, a health law trial that produced one of the first major human rights documents: the Nuremberg Code. Accepting this conclusion has significant consequences for contemporary American bioethics generally, and specifically in the context of our continuing global war on terror in which the United States uses physicians to help in interrogations, torture, and force-feeding hunger strikers.

The primary force shaping the agenda, development, and current state of American bioethics has not been either medicine or philosophy, but law, best described as health law. Like bioethics, …

Wrongs Without Recourse: A Comment On Jason Solomon's Judging Plaintiffs, John C.P. Goldberg

Vanderbilt Law Review

No abstract provided.

Changing The Rules Of Establishment Clause Litigation: An Alternative To The Public Expression Of Religion Act, Christopher D. Tomlinson

Vanderbilt Law Review

In 2004, the American Civil Liberties Union ("ACLU") threatened to sue the city of Redlands, California, if it did not remove a small cross from its city seal.' The cross represented the city's religious heritage and its history as a city of churches. Instead of facing the possibility of litigation and the more daunting risk of losing in court and being forced to pay the ACLU's attorneys' fees in addition to its own, the Redlands City Council agreed to change the seal. The City of Redlands not only could ill afford the risk of paying the ACLU's attorneys' fees; it …

Open Code Governance, Danielle K. Citron

Faculty Scholarship

Automated information systems offer an opportunity to improve the democratic legitimacy of the administrative state. Today, agencies transfer crucial responsibilities to computer systems. Computers gather and interpret important information. For instance, electronic machines record and calculate votes. Automated systems execute policy and render decisions about important individual rights, such as a person's eligibility for public benefits. Computer systems store sensitive personal information. These systems' closed architecture, however, shields vital agency decisions from view. No one can see how a system operates without a software program's source code. Closed code hides programming errors that disenfranchise voters, under-count communities for the census, …

Technological Due Process, Danielle K. Citron

Faculty Scholarship

Distinct and complementary procedures for adjudications and rulemaking lie at the heart of twentieth-century administrative law. Due process required agencies to provide individuals notice and an opportunity to be heard. Agencies could foreclose policy issues that individuals might otherwise raise in adjudications through public rulemaking. One system allowed focused advocacy; the other featured broad participation. Each procedural regime compensated for the normative limits of the other. Both depended on clear statements of reason.

The dichotomy between these procedural regimes has become outmoded. This century's automated decision-making systems collapse individual adjudications into rulemaking while adhering to the procedural safeguards of neither. …

When Should A Case Be Dismissed? The Economics Of Pleading And Summary Judgment Standards, Keith N. Hylton

Faculty Scholarship

This paper applies a simple economic framework to the choice between pleading and summary judgment as points at which a claim can be dismissed. It concludes generally that pleading standards should vary with the evidentiary demands of the associated legal standards and the social costs of litigation. The common law's imposition of higher pleading standards for fraud claims is consistent with this proposition. The theory implies that the rigorous summary judgment standards that have been developed by antitrust courts should lead to a correspondingly rigorous assessment at the pleading stage.

Malpractice Payouts And Malpractice Insurance: Evidence From Texas Closed Claims, 1990-2003, Charles Silver, Kathryn Zeiler, Bernard Black, David Hyman, William Sage

Faculty Scholarship

Background. This study is the first to quantify physicians' malpractice insurance limits. It also examines the connection between policy size and payments on claims, including the frequency of settlement at the policy limits and the frequency of out-of-pocket payments.

Methods. Statistical analyses using data collected by the Texas Department of Insurance (TDI) covering all insured medical malpractice claims against physicians closed between 1990 and 2003 with payment of $25,000 or more (measured in 1988 dollars).

Results. Contrary to conventional wisdom, per-occurrence limits of $500,000 or less were as common as $1 million limits. Nominal policy size was stable over time, …

Family Life, The Politics Of The Family, And Social Transformation, Linda C. Mcclain

Faculty Scholarship

Why do families matter? Is it simply because of their role in social reproduction, or does this ignore the personal goods, the benefits and burdens, of intimate life? Does an emphasis on the formative role of families risk treating them merely as serving the state and divert attention from the rights of persons to form families and the rights - and needs - of children to nurturing relationships? What kind of social and economic transformation would be necessary to implement a normative vision of family that supports families, is egalitarian, and respects diversity? What is the best way to rectify …