Law Commons^™

December 2, 2009: Is Islam Different?, Bruce Ledewitz

Hallowed Secularism

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

The Relationship Of Prison Sentences Of Juveniles And Adults Convicted In Arkansas Criminal Courts, Jacqueline Ann Davis

Theses and Dissertations

All states have set legal terms that allow juvenile defendants to be transferred from juvenile court to criminal court. Arkansas Code 9-27-318 is the state's policy that outlines the filing and transfer of juveniles to the criminal division of circuit court in Arkansas. Using data collected from Arkansas juvenile practitioners, this thesis uses a qualitative approach to analyze their understanding of the state's transfer policy. This research will also seek to determine how court data in Arkansas is collected and maintained, how court data in Arkansas impacts the evaluation of Arkansas Code 9-27-318, and if Arkansas' transfer policy handles juveniles …

China's Labor Contract Law And The Liberalization Of Global Markets: Will Employees' Rights Equate To Employers' Nightmares?, Sharon Breckenridge Thomas

Faculty Publications and Presentations

Abstract: Lower labor costs and realization of profits have been key components in the expansion of the global market. As we continue to witness the prolific liberalization of the global market, it is essential that we remember the importance of human capital. Workers play a paramount role in the realization of continued and sustained global market growth. Paradoxically, sustained growth in the global market is also fueled by the absence of workers’ rights and the resulting reduction of labor costs. Thus, multi-national companies and workers employed by multi-national companies, have encountered a seeming contradiction of workplace realities. From a capitalistic …

The Forum (Volume 39, Number 4), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

The Law Clerk Proxy Wars: Secrecy, Accountability, And Ideology In The Supreme Court, Carolyn Shapiro

All Faculty Scholarship

This piece provides an in-depth review and analysis of two recent books about Supreme Court law clerks, Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk, by Todd C. Peppers, and Sorcerers’ Apprentices: 100 Years of Law Clerks at the United States Supreme Court, by Artemus Ward and David L. Weiden. In addition, the essay addresses a question so obvious that it is rarely asked – why is there so much curiosity about Supreme Court law clerks in the first place? In the essay, I analyze a widespread concern – and one discussed in …

When Foreigners Influence Domestic Change: A Case For Transnational Advocacy, Knowledge@Smu

Knowledge@SMU

Like it or not, socio-environmental issues extend beyond geopolitical boundaries. Southeast Asians might remember the Indonesian haze that had affected the region's air quality, for instance – an issue that was eventually addressed with the help of foreign groups; or the recovery efforts of the 2004 tsunami, which also involved many international entities. According to Yooil Bae, a political science professor at SMU, foreign groups can bring new insights and methods. But while there are benefits to knowledge-sharing and cooperation, the process can be tricky, especially when such advocacy groups clash with the state.

Piercing The Corporate Veil In Delaware & Georgia, William Kennedy

Law Library Student-Authored Works

No abstract provided.

Inequitable Conduct And The Attorney-Client Privilege, Alexis N. Simpson

Law Library Student-Authored Works

No abstract provided.

Digital Rights Management, Fair Use, And Privacy: Problems For Copyright Enforcement Through Technology, Eric A. Robinson

Other Topics

This article discusses the nature of Digital Rights Management (DRM) systems with regard to the problems they pose to traditional exceptions to copyright restrictions. Problems of fair use and the copying of material for preservation are examined in the context of the architecture of digital rights management systems, and the limitations of current DRM systems in accommodating these policies are examined. The monitoring of usage by the licensing modules of these systems is also criticized for its lack of protection of user privacy and the potential chilling of intellectual freedom. Various potential solutions to these are briefly surveyed with a …

Vol. 1 No. 1, Fall 2009; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement

Northern Illinois Law Review Supplement

No abstract provided.

Focusing Your Firm On Ethics, Alex B. Long

Scholarly Works

No abstract provided.

The Alberta Legal Services Mapping Project: Report For The Fort Mcmurray Judicial District, Glynnis Lieb, Stephanie Abel, Diana Lowe

Canadian Forum on Civil Justice

The Fort McMurray Judicial District is the second of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a large-scale, 4.5 year endeavour, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.

Vol. 1 No. 1, Fall 2009; Toy Story: Being Right For The Wrong Reasons In The Search For A "Greater Freedom"—A Critical Analysis Of The Dissenting En Banc Opinions In Reliable Consultants, Inc. V. Earle, Steven L. Boldt

Northern Illinois Law Review Supplement

This Note analyzes how the landmark United States Supreme Court case of Lawrence v. Texas has been used by the Fifth Circuit in Reliable Consultants, Inc. v. Earle to extend “sexual privacy interests” into the commercial realm. This Note begins by exploring the historical trend of cases that have led to the birth of sexual privacy. The Fifth Circuit in Reliable was given the task to decide whether the Texas legislature’s statutory proscription of promoting or selling devices used for sexual stimulation infringed on a mere commercial right or an individual’s right to sexual privacy. After the Fifth Circuit held …

Donald Tsang's Vision For An Integrated Asia, Knowledge@Smu

Knowledge@SMU

Stem protectionism, step-up education, reduce our reliance on the West, emphasize strong Asian values, integrate currencies and promote trade partnerships – these are items that show up on Donald Tsang's wish list of things by which Asia might be united. What's more, he believes his vision of an Asian bloc will likely take shape within this very century. Speaking at SMU's Ho Rih Hwa Leadership in Asia public lecture series, the Hong Kong Chief Executive explained why Asian countries must forge closer links with one another, and how the region can eventually present itself to be a foundation of stability …

Integrated Water Law: Local To International, Margaret J. Vick

University of the Pacific, McGeorge School of Law Dissertations

Table of Contents

INTRODUCTION

PART I: WATER ALLOCATION: LOCAL AND INTERNATIONAL

CHAPTER 1: LOCAL WATER LAW

CHAPTER TWO: INTERNATIONAL WATER LAW

COMPARISON OF RESTATEMENT AND INTERNATIONAL FACTORS FOR REASONABLE USE

CHAPTER 3: THE VERMEJO RIVER

CHAPTER 4 WATER LAWS: ENTITLEMENTS, RIGHTS, DUTIES AND PRIVILEGES

CONCLUSION TO PART I

PART II: NEGOTIATING WATERCOURSE ENTITLEMENTS

CHAPTER FIVE: WATERCOURSE NEGOTIATIONS ARE DIFFERENT

CHAPTER SIX: THE ROLE OF LAW

“Letters I’Ve Written, Never Meaning To Send …”: Conditional Relevance, Evidence Rule 104(B), And Mark Edwards’ Curious Murder Trial, James Fayette, Stephanie Busalacchi

Alaska Law Review

No abstract provided.

An Attempt To Legislate Morality: Forced Ultrasounds As The Newest Tactic In Anti-Abortion Legislation, Sarah E. Weber

Tulsa Law Review

No abstract provided.

Confining Iqbal, Allan R. Stein

Tulsa Law Review

No abstract provided.

Wyeth V. Levine And Agency Preemption: More Muddle, Or Creeping To Clarity, Ashutosh Bhagwat

Tulsa Law Review

No abstract provided.

Foreword: The Most Confusing Branch, Michael C. Dorf

Tulsa Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

Torch (December 2009), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Assuming Elder Care Responsibility: Am I A Caregiver?, Lindsey E. Wylie, Eve M. Brank

Department of Psychology: Faculty Publications

Caregivers of the elderly face conflicting legal demands; they must make certain the elder’s needs are being met while not forcing undesired care on an adult capable of informed decisions. This dichotomy may be a reason a large volume of reported elder abuse derives from unintentional neglect on behalf of informal familial caregivers. The current research examines this possibility with exploratory interviews and an experiment. The interviews between elders and their family (30 dyads) revealed that many did not intend for the living arrangements to become permanent, and the nonelders were largely unprepared for the magnitude of changes and responsibilities …

Tweet Treats: How One Law Library Uses Twitter To Educate And Connect With Patrons, Marcia L. Dority Baker, Stefanie S. Pearlman

Marvin and Virginia Schmid Law Library: Faculty Publications

As law librarians, we strive to reach out to our patrons, publicize our collections and services, and create welcoming environments in our libraries. One way our library integrates our goals with current technology is through the use of Twitter (http://twitter.com).

The Misinterpretation Of The Tonnage Clause In Polar Tankers, Inc. V. City Of Valdez, Angelo J. Suozzi

Alaska Law Review

No abstract provided.

Mapp V. Ohio'S Unsung Hero: The Suppression Hearing As Morality Play, Scott E. Sundby

Chicago-Kent Law Review

The exclusionary rule is back under the judicial magnifying glass. Recent opinions, most notably by Justice Scalia, have sparked speculation that the Roberts Court is inclined to overrule Mapp v. Ohio and send Fourth Amendment disputes back to the realm of civil suits and police disciplinary actions. As the Court's rulings have made clear, any reevaluation of the exclusionary rule's future will be conducted under the now familiar rubric of whether the rule's "benefit" of deterring police misbehavior outweighs the "cost" of lost evidence and convictions.

This essay argues that if any such reevaluation does occur, the Court must take …

Editorial Board - Vol. 19, No. 2 2009

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Marine Spatial Planning Is Coming To An Ocean Near You, Robert S. Pomeroy

Wrack Lines

There are too many conflicting uses of the ocean in a time where resources are rapidly dwindling. Marine Spatial Planning is catching on globally, and may soon come to Long Island Sound, but it may be difficult to decide who gets to do what, where.

Disproportionate Minority Contact In Maine: Dmc Assessment And Identification, Becky Noréus, Teresa A. Hubley, Michael Rocque

Justice Policy

Executive Summary:

Since 1998, the Juvenile Justice Delinquency Prevention (JJDP) Act has required all states that receive formula grant program funding to determine whether the proportion of minority youth in confinement exceeds their proportion of the population, and, if so, to develop corrective strategies. In 1992, Congress elevated this issue to a “core requirement” of the JJDP Act. In 2002, the Office of Juvenile Justice and Delinquency Prevention expanded the requirement to include the proportion of minorities at each key decision point, and not just at confinement. This allows a broader examination of how minority groups are treated in the …

Update: Using Casemap In Legal Research And Writing (Lrw) Classes And Clinics, David I. C. Thomson

Sturm College of Law: Faculty Scholarship

Written “research logs” focus on the quality of the research path the student had taken, but not necessarily on the quality of the student’s thinking. CaseMap, a modern alternative to the old written research log, permits LRW teachers to enter into a student’s thinking in the critical pre-writing stage. With CaseMap, the LRW or clinical teacher can help refine the student’s legal analysis well before the student begins to write. Despite CaseMap’s limitations - namely its complexity and current incompatibility with Mac computers - this short article serves as an update of a more extensive article about using CaseMap in …