Law Commons^™

The Reenactment And Inaction Doctrines In State Tax Litigation, Steve R. Johnson

Scholarly Publications

This installment of Interpretation Matters discusses two related canons of statutory interpretation and illustrates their use in state and local tax controversies. Assume that a state revenue agency or court construes a tax statute and that the construction is later challenged in another case. Between the two cases, the state legislature reenacts the provision without changing it or the legislature takes no action to amend the provision to overturn the construction in the first case. Some courts treat the reenactment without change, or even the inaction, as evidence that the legislature agreed with the construction in the first case, so …

Pacific Bell V. Linkline: Price Squeezing And The Limits Of Judicial Administrability, Sandeep Vaheesan

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

The Future Of International Antitrust And Improving Antitrust Agency Capacity, Daniel D. Sokol

NULR Online

No abstract provided.

December 7, 2008: The Conclusion Of For The Establishment Of Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Conclusion of For the Establishment of Religion “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Fitzgerald V. Barnstable School Committee: Enforcement Of Constitutional Rights, Sarah Branstetter

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Davis V. Fec: The First Amendment Rights Of A Wealthy Candidate, Jeremy Earl

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Alum's Gift Is Iu Law School's Largest Ever, Nicole Brooks

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Panetti V. Quarterman: Raising The Bar Against Executing The Incompetent, D. G. Maxted

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Brown And The Colorblind Constitution, Christopher W. Schmidt

All Faculty Scholarship

This Essay offers the first in-depth examination of the role of colorblind constitutionalism in the history of Brown v. Board of Education. In light of the recent Supreme Court ruling in Parents Involved in Community Schools v. Seattle School Dist. No. 1 (2007), such an examination is needed today more than ever. In this case, Chief Justice John Roberts drew on the history of Brown to support his conclusion that racial classifications in school assignment policies are unconstitutional. Particularly controversial was the Chief Justice's use of the words of the NAACP lawyers who argued Brown as evidence for his colorblind …

December 4, 2008: The Secularization Of Islam, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Secularization of Islam“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Explaining Change And Rethinking Dirty Words: Fcc V. Fox Television Stations, Inc., Tobias Coleman

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Writings: Syrian American Women’S Club December 4, 2008, Edna Louise Saffy

Saffy Collection - All Textual Materials

Speeches: Presented to the Syrian American Women’s Club December 4, 2008 by Dr. Edna Saffy.

A Larger War On Terror?, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

December 2, 2008: How Thankful Was Your Thanksgiving?, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Thankful Was Your Thanksgiving?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Pareto Versus Welfare, Robert C. Hockett

Cornell Law Faculty Publications

Many normatively oriented economists, legal academics and other policy analysts appear to be "welfarist" and Paretian to at least moderate degree: They deem positive responsiveness to individual preferences, and satisfaction of one or more of the familiar Pareto criteria, to be reasonably undemanding and desirable attributes of any social welfare function (SWF) employed to formulate social evaluations. Some theorists and analysts go further than moderate welfarism or Paretianism, however: They argue that "the Pareto principle" requires the SWF be responsive to individual preferences alone - a position I label "strict" welfarism - and conclude that all social evaluation should in …

Sovereign Wealth Funds: Mind The Gapp (Generally Accepted Principles And Practices)!, Knowledge@Smu

Knowledge@SMU

The ongoing credit crisis has thrown the spotlight onsovereign wealth funds (SWFs). “The size and activities of SWFs in recent years have led to heightened attention on, and suspicion about them,” commented Locknie Hsu, Singapore Management University professor who specialises in international trade and dispute settlement law. Hsu recently authored a commentary on the new set of voluntary principles, known as the ‘Santiago Principles’ or GAPP (Generally Accepted Principles and Practices), adopted and released in October 2008 to govern such funds.

Voting And Campaign Contributions: Greater Inequality, Lesser Redistribution?, Knowledge@Smu

Knowledge@SMU

The recent US presidential elections saw unprecedented levels of campaign funds raised and spent. Filipe Campante, public policy professor at the John F. Kennedy School of Government at Harvard University, presented a paper on “Redistribution in a model of voting and campaign contributions”, as part of a seminar series at the Singapore Management University’s School of Economics.

Torch (December 2008), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Salt Equalizer, Vol. 2008, Issue 4, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Deborah Waire Post & Margaret Martin Barry, Co-Presidents' Column, at 1.

Hazel Weiser, Executive Director's Column, at 1.

Hazel Weiser, New Co-Presidents Aldana and Bender and Four New Members Elected to SALT Board, at 4.

Ruben Garcia, Join Us at the Annual SALT Awards Dinner on January 9, 2009, in San Diego, at 4.

Camille Nelson, January 2009 Cover Workshop at the AALS Annual Meeting: "The Way Forward: The Post Election 2008 Progressive Agenda," at 5.

SALT Co-President Margaret Martin Barry to Receive Pincus Award at AALS Conference, at 5.

Jane Dolkart, …

Academia To Industry Technology Transfer: An Alternative To The Bayh-Dole System For Both Developed And Developing Nations, Dov Greenbaum

Fordham Intellectual Property, Media and Entertainment Law Journal

Renewed efforts to bring science and technology to the center of economic revival in developing nations recognize the centrality of the university in the creation and promotion of science and innovation. Many developed nations, following the paradigmatic U.S. technology transfer system, transfer their academic innovations to industry—through licensing intellectual property—for eventual commercialization. While conventional wisdom places the Carter era Bayh-Dole legislation at the center of that successful American system, this Article argues that the U.S. biotechnology and high tech booms are more likely attributable to the confluence of unique and propitious conditions, and that Bayh-Dole played a marginal role in …

The Forum (Volume 38, Number 4), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Tribal Nation Economics: Rebuilding Commercial Prosperity In Spite Of U.S. Trade Restraints - Recommendations For Economic Revitalization In Indian Country, Angelique A. Eaglewoman

Tulsa Law Review

No abstract provided.

Creative Civil Remedies Against Non-Indian Offenders In Indian Country, Hallie Bongar White, Kelly Gaines Stoner, James G. White

Tulsa Law Review

No abstract provided.

Indian Country In The Northeast, Dale T. White

Tulsa Law Review

No abstract provided.

Re Canada Post Corp And Cupw (Paris), Innis Christie

Innis Christie Collection

The Grievor was initially discharged for being absent without leave. After the first arbitration hearing the Grievor was reinstated with conditions; the same conditions were awarded after a second hearing. The Grievor has now been terminated for breach of one of those conditions - the need to seek immediate medical attention when absent from work due to illness. Although the Grievor became ill Sunday evening, the Union believed that by seeking medical attention on Monday the conditions of the previous Consent Award had been met.

A Hybrid Marine Protection System As A Model For The Marine Conservation Efforts Of The United States, Jessica D'Ardenne

Colorado Environmental Law Journal

No abstract provided.

Bourdieu And American Legal Education: How Law Schools Reproduce Social Stratification And Class Hierarchy, Lucille A. Jewel

Scholarly Works

The American legal profession has long been organized along hierarchical lines, and in many instances, status inequalities between attorneys are based on perceived differences in attorneys' educational credentials. Relying upon the theories of French sociologist Pierre Bourdieu, this essay will discuss how American legal educational institutions operate to reproduce the stratification within the legal profession and within society as a whole.

American law schools are not equalizing institutions that erase all class differences among students to create a profession that awards all of its members a monolithic class status. By allocating professional status based on a system of educational tiers, …

The Moral Justification For Journalism, Sandra L. Borden

Center for the Study of Ethics in Society Papers

Papers presented for the Center for the Study of Ethics in Society Western Michigan University

Private Equity's Three Lessons For Agency Theory, William Wilson Bratton

Articles

It is time to consider the lessons to be learned from the recent boom in private equity buyouts, not least in view of its abrupt termination in the wake of tightened credit. In the past, such inquiries have been undertaken in the context of agency theory and have focused on the buyout's implications for solving the problem of separation of ownership and control. This article reverses the pattern of inquiry to consider the buyout's implications for agency theory, pointing to three lessons. The first lesson addresses agency theory's three-way association among control transfers, governance discipline and hostile takeovers, suggesting that …

Race And Class: More Than A Liberal Paradox, Maria Grahn-Farley

Buffalo Law Review

No abstract provided.