Law Commons^™

Interstate Pluralism: The Role Of Federalism In The Same-Sex Marriage Debate, Jeffrey L. Rensberger

BYU Law Review

No abstract provided.

From Slavery To Same-Sex Marriage: Comity Versus Public Policy In Inter-Jurisdictional Recognition Of Controversial Domestic Relations, Lynn D. Wardle

BYU Law Review

Recognition across state and national borders of controversial forms of domestic relationships have existed throughout the history of conflict of laws, creating tension between two important principles: respect for comity and protection of valued domestic public policies. Drawing upon several examples, and particularly the history of international and intrastate recognition of slavery (a “domestic relationship”) in Anglo-American history, the article shows that despite the comity-based presumption of respect for legal status created in other jurisdictions, when strong public policies protective of domestic relations and status have been implicated, American states consistently have declined to give interstate recognition to those controversial …

Table Of Contents

BYU Law Review

No abstract provided.

The Coming Collision: Romer And State Defense Of Marriage Acts, Patrick J. Borchers

BYU Law Review

No abstract provided.

Abortion Across State Lines, Joseph W. Dellapenna

BYU Law Review

No abstract provided.

Interstate Recognition Of Adoptions: On Jurisdiction, Full Faith And Credit, And The Kinds Of Challenges The Future May Bring, Mark Strasser

BYU Law Review

No abstract provided.

Alexander Campbell King Law Library Strategic Plan, 2008-2011, University Of Georgia Law Library

Strategic Plan Documents

This nine page document last revised in December 2008 served as the strategic plan for the University of Georgia School of Law's Library. It contains five goals, and each goal had objectives and strategies identified for how to achieve them. This document served as a three-year guide for the librarians, staff, their services, and library resources.

Land Use Cases Highlight Lessons, Evolving Patterns: The Year In Review, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

New York courts busily decided a multitude of land use cases in 2008 due to the increased growth in magnitude and complexity of land use issues. This year, as in the past, the authors summarize some of the most important cases. This year’s cases include the following topics: judicial deference to land use board decisions, zoning boards of appeals discretion, standard local practice, the New York State Environmental Quality Review Act, statute of limitations, affordable housing, and eminent domain.

Introduction: Beyond The State? Rethinking Private Law, Ralf Michaels, Nils Jansen

Faculty Scholarship

Introduction to an issue of the journal that brings together the papers presented, as revised by the participants, at a conference held at the Max Planck Institute for Comparative and International Private Law in Hamburg, Germany in the summer of 2007.

The New European Choice-Of-Law Revolution, Ralf Michaels

Faculty Scholarship

Conflict of laws in Europe was long viewed by outsiders as formalist, antiquated, and uninteresting. Now that the European Union has become more active in the field, things are changing, but most view these changes as a mere gradual evolution. This is untrue. Actually, and fascinatingly, we are observing a real European conflicts revolution—in importance, radicalness, and irreversibility comparable to the twentieth-century American conflicts revolution. European developments go beyond the federalization of choice-of-law rules in EU regulations. In addition, EU choice of law is being constitutionalized, in particular through the principles of mutual recognition and the country-of-origin principle, along with …

The Palestinian Refugee Problem, Maged Bader

Maged Bader

No abstract provided.

The Israeli Policy: Targeted Killing For Preventive Self-Defense Or Extra-Judicial Executions?, Maged Bader

Maged Bader

No abstract provided.

Agenda: Managing Oil And Gas Development In Colorado: The New Cogcc Rules, University Of Colorado Boulder. Natural Resources Law Center

Managing Oil and Gas Development in Colorado: The New COGCC Rules (December 16)

NRLC Hot Topic held on December 16, 2008 from 12:00 noon to 1:30 p.m. at the offices of Hogan and Hartson, Denver, Colorado.

Panelists from COGCC, the oil & gas industry, and environmental community, will present their perspectives on the soon-to-be-issued rules on oil and development in Colorado. Discussion and questions from attendees will follow.

December 16, 2008: Is Dobby Really Free?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Dobby Really Free?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

President’S Emergency Plan For Aids Relief: Health Development At The Crossroads, Lawrence O. Gostin

O'Neill Institute Papers

The President’s Emergency Plan for AIDS Relief (PEPFAR) was the largest commitment by any nation to combat a single disease in human history, authorizing up to $15 billion over 5 years. On July 30, 2008, President Bush signed into law the historic reauthorization of PEPFAR, dramatically increasing the financial commitment by authorizing up to $48 billion over 5 years, including $5 billion for Malaria and $4 billion for Tuberculosis. PEPFAR’s global targets are inspiring: treat 3 million people; prevent 12 million new HIV infections, and care for 12 million people, including 5 million orphans and vulnerable children. But, PEPFAR has …

Male Circumcision As An Hiv Prevention Strategy In Sub-Saharan Africa: Socio-Legal Barriers, Lawrence O. Gostin

O'Neill Institute Papers

UNAIDS and WHO recommend safe, voluntary male circumcision as an additional, important strategy for the prevention of heterosexually-acquired HIV in men in areas with high HIV prevalence and low levels of male circumcision. Comprehensive male circumcision services should include HIV testing and counseling, partner reduction, and male and female condom use. Yet, male circumcision can have deep symbolic meaning that could pose barriers to implementation. In some parts of the world, it is a traditional practice with religious or cultural significance, in others it is a common hygiene intervention, and in yet others it is unfamiliar or foreign. Consequently, the …

Allocating Business Profits For Tax Purposes: A Proposal To Adopt A Formulary Profit Split, Reuven S. Avi-Yonah, Kimberly A. Clausing, Michael C. Durst

Law & Economics Working Papers Archive: 2003-2009

The current system of taxing the income of multinational firms in the United States is flawed across multiple dimensions. The system provides an artificial tax incentive to earn income in low-tax countries, rewards aggressive tax planning, and is not compatible with any common metrics of efficiency. The U.S. system is also notoriously complex; observers are nearly unanimous in lamenting the heavy compliance burdens and the impracticality of coherent enforcement. Further, despite a corporate tax rate one standard deviation above that of other OECD countries, the U.S. corporate tax system raises relatively little revenue, due in part to the shifting of …

Whose Business Is Your Pancreas?: Potential Privacy Problems In New York City's Mandatory Diabetes Registry (With N. Gingo Et Al.), Harold J. Krent, Nicholas Gingo, Monica Kapp, Rachel Moran, Mary Neal, Meghan Paulas, Puneet Sarna, Sarah Suma

All Faculty Scholarship

New York City authorities in 2006 formulated a policy requiring that medical data from all diabetics in the City be stored in a centralized registry. This diabetic registry is the first in the nation to require collection of personal testing data for the purpose of monitoring treatments for a noninfectious disease. The registry represents an important step on the path toward better understanding and managing of the disease. Nonetheless, establishment of the registry threatens privacy in a number of ways. Many individuals are open about their diabetes, but others prefer to keep that information to themselves, whether because of concerns …

The Pharmaceutical Industry, Aids And Justice, Jose López Guzman

Angela Aparisi Miralles

This article offers an approximation to the broad, and complicated, framework of relationships between the Third World and pharmaceutical companies. In the first part of this work, reference is made to the poverty of these countries, their lack of health education, the scarcity of basic hygiene, and of course, their greatly limited access to medicines, especially those for AIDS. The article then proceeds to the issue of the pharmaceutical companies’ degree of responsibility in the paucity of medicines in certain areas of the world. One factor that most limits access to medicines is price. Many sectors propose acting upon the …

White Women In Peril On Broadcast And Cable Television News, Prof. Leonard M. Baynes

Prof. Leonard M. Baynes

Abstract White Women in Peril on Broadcast and Cable Television News By Leonard M. Baynes It has been approximately forty years since the U.S. Supreme Court found the Fairness Doctrine constitutional and approximately twenty years since the Federal Communications Commission (the “FCC”) eliminated it. The Fairness Doctrine provided that the broadcasters were required to air important issues and to make sure that the other side of the issue was also covered. In 1969 in Red Lion, the U.S. States Supreme Court found the Fairness Doctrine constitutional under the First Amendment. In the late 1980s, the FCC decided that because of …

Honor's Constitutional Moment: The Oath And Presidential Transitions, Paul Horwitz

NULR Online

No abstract provided.

What Happened To No-Fault? The Role Of Error Reporting In Healthcare Reform, Henry Y. Huang, Farzad Soleimani

Henry Y Huang

No-fault systems for compensating medical injuries offer theoretical advantages over tort-based malpractice litigation, but may not actually reduce medical error rates or costs in practice. Surveys of doctors in the United States, a tort-based system, and New Zealand, a no-fault system, show that physicians across both systems share similar concerns about error reporting. These results suggest that error reporting, instead of simple cost reduction, should play a central role in no-fault compensation systems, which would reduce mistakes, improve quality going forward, generate feedback to physicians, and provide the public with greater information about their healthcare providers.

The Mid-Century Civil Rights Movement: How America Was Changed Forever, Dylan Berg

Dylan Berg

The Mid-Century Civil Rights Movement: How America Was Changed Forever The Civil Rights Movement fought for African-American rights in America in the early 1900’s, and is still in some instances being fought today. However, in almost a century of fighting, the most dynamic and successful era of the Civil Rights Movement was the Mid-Century era. This article focuses on the Mid-Century moral and legislative victories, and the men who helped accomplish them. It includes Brown v. The Board of Education and the Voting Rights Act of 1965. It talks of two of the greatest rabble rousing orators ever to be …

The Road To Becoming A Close Corporation, Yu-Chen Chen

Yu-Chen Chen Esq.

The Road to Becoming a Close Corporation： A Comparative Analysis of the“Shareholders Agreement” in the United States, Japan, and Taiwan＊

Chih-Cheng, Wang＊＊ Chen Yu-Chen＊＊＊

Abstract The term “close corporation” has been defined in a variety of ways by various authorities and commentators. In close corporations, shareholders have difficulty determining the market value for their shares, and they have even more difficulty finding a willing outside buyer for a minority stake, whether restrictions are detailed in the articles of incorporation or a written shareholders agreement. In dealing with the unique features of a close corporation, the Model Statutory Close Corporation Supplement …

Local Law Enforcement's Counter Terrorism Capabilities., J. Ryan Presnell

Electronic Theses and Dissertations

The purpose of this study was to analyze local law enforcement's counter-terrorism capabilities as it relates to the varying size of United States local law enforcement agencies. Data for the study came from a study entitled "Impact of Terrorism on State and Local Law Enforcement Agencies and Criminal Justice Systems in the United States, 2004". Statistical analysis revealed that there are large disparities in the allocation of resources to intelligence gathering, analyzing, and sharing between smaller local law enforcement agencies and their larger counterparts. Furthermore, smaller agencies are not interacting with federal agencies in a manner consistent with the interactions …

Washing The Fourth Amendment Away, Timothy O'Neill

Timothy P. O'Neill

Interview With Steve Hart By Brien Williams, W. 'Steve' Stephen Hart

George J. Mitchell Oral History Project

Biographical Note
Walter Stephen Hart was born January 17, 1955, in Washington, DC, to Peter William Hart and Mary Jane Strauss Hart; his parents were librarians. He attended Arizona State University, where he earned a degree in mass communications. He worked at a radio station in New Hampshire and covered the 1980 presidential primaries. He returned to school at Ball State, graduating with a degree in journalism and a minor in public relations, after which he moved to Maine, where his wife was working. He worked for Maine congressional candidate Phil Merrill in the 1982 primary, and after Merrill lost …

Medicaid Financing: How The Fmap Formula Works And Why It Falls Short, Christie Provost Peters

National Health Policy Forum

Medicaid costs for health and long-term care services for low-income individuals are substantial. As a result, each state’s “match rate,” or federal medical assistance percentage (FMAP), which determines the share of Medicaid benefit costs the federal government pays, has enormous implications for state budgets and state economies, as well as for Medicaid beneficiaries and providers. Shifts in the FMAP from year to year, even minor ones, can mean the gain or loss of tens or hundreds of millions of federal matching dollars, depending on the size of the state’s Medicaid program. This paper explains the FMAP formula, examines the limitations …

Agenda: Evolving Regional Frameworks For Ag-To-Urban Water Transfers, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program, Western Water Assessment (Program), Red Lodge Clearinghouse

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

The permanent transfer of water from agricultural users to municipalities has become a common feature of water management in several western states. In many cases, these voluntary market‐based transfers provide significant benefits to both the buyers and sellers, but many third parties—including remaining irrigators, rural businesses and communities dependent upon agricultural economies—have been negatively impacted. While some impacts of these so‐called “buy and dry” transfers are largely unavoidable, many can be lessened by temporary arrangements that only shift water to cities in years when municipal supplies are inadequate, such as drought and post‐drought storage recovery, and by consolidating individual farm‐to‐city …

Slides: Pvid/Mwd Land Management, Crop Rotation And Water Supply Program, Ed Smith

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

Presenter: Ed Smith, General Manager, Palo Verde Irrigation District, Southern California

25 slides