Law Commons^™

July 4, 2009: How Will The Children Of Secularists Return To Religion?, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Will the Children of Secularists Return to Religion?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 2, 2009: Divinity In A Secular World, Bruce Ledewitz

Hallowed Secularism

Blog post, “Divinity in a Secular World“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Same-Sex Future, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Corporate And International Tax Reform: Long-, Medium-, And Short Term Proposals, Reuven S. Avi-Yonah

Law & Economics Working Papers Archive: 2003-2009

The current controversy surrounding President Obama’s international tax proposals seems like an opportune moment to try to consider them in context. How do these proposals fit in with an agenda for US corporate and international tax reform?

Few observers doubt that such reforms are sorely needed, for several reasons. First, the long-term budgetary outlook is unsustainable. Second, the US corporate tax rate is among the highest in the OECD. Third, the current system raises relatively little revenue and large amounts of corporate income go untaxed. Finally, the system is horrendously convoluted and imposes high transaction costs.

This paper will attempt …

New Reasons To Remember The Estate Taxation Of Reversions, F. Philip Manns

Faculty Publications and Presentations

Multiple law reform efforts are underway to reverse the no-implied-conditions-of-survivorship rule historically applying to future interests. Yet, whenever the NICS rule is reversed, a reversion arises in the transferor of the future interests—which reversion will take effect if the newly-implied conditions of survivorship fail—unless the NICS-rule-reversal reform itself negates that reversion. The most well-known NICS-rule-reversal reform, Uniform Probate Code section 2-707, negates the transferor’s reversion, but other reforms do not. When the reversion is not negated, complicated transfer tax issues arise. First, for gift tax purposes, the reversion must be valued, because the value of the reversion is subtracted in …

The Status And Evolution Of Laws And Policies Regulating Privately Owned Tigers In The United States, Philip J. Nyhus, Michael Ambrogi, Caitlin Dufraine, Alan Shoemaker, Ronald L. Tilson

Faculty Scholarship

No abstract provided.

All The Wild Possibilities: Technology That Attacks Barriers To Access To Justice, Ronald W. Staudt

All Faculty Scholarship

Predicting how technology will affect the future of the legal profession is difficult and unreliable work. I have made my share of such predictions in the past thirty years, including foretelling the death of the paper casebook in law schools and vast improvements in law practice that would be triggered by computers and document assembly software. Neither of these two prophesies has yet been fulfilled. Yet a real success story has emerged based in part on my persistent optimism that technology can improve the delivery of legal services. A2J Author, a modest software tool that allows lawyers to build guided …

Book Review: The Iraq War And International Law, Maxwell O. Chibundu

Faculty Scholarship

A review of The Iraq War and International Law edited by Phil Shiner and Andrew Williams. Oxford, Hart Publishing, 2008.

Santa Clara Magazine, Volume 51 Number 1, Summer 2009, Santa Clara University

Santa Clara Magazine

14 - INAUGURATING PRESIDENT ENGH By Steven Boyd Saum. On the occasion, a ringing challenge from President Engh: Make SCU a champion for environmental justice. Read the speech and see the photos.

22 - SAVING BOUNTY By Elizabeth Svoboda. Our food-safety system is in shambles, but there are ways to make it work again. For one answer, look to your leafy greens.

28 - CAN WE SOLVE HUNGER IN OUR LIFETIME? BY Dashka Slater. Here are six ideas that, practiced together, will make a difference.

34 - ALTERNATIVE REALITY: "WORLD WITHOUT OIL" By Paul Totah '79. Alternate reality games can …

Law Library Annual Report 2008-2009, Georgia State University Law Library

Law Library Annual Reports

No abstract provided.

Litigation Realities Redux, Kevin M. Clermont

Cornell Law Faculty Publications

Both summarizing recent empirical work and presenting new observations on each of the six phases of a civil lawsuit (forum, pretrial, settlement, trial, judgment, and appeal), the author stresses the needs for and benefits from understanding and using empirical methods in the study of the adjudicatory system's operation.

Of Atkins And Men: Deviations From Clinical Definitions Of Mental Retardation In Death Penalty Cases, John H. Blume, Sheri Johnson, Christopher W. Seeds

Cornell Law Faculty Publications

Under Atkins v. Virginia, the Eighth Amendment exempts from execution individuals who meet the clinical definitions of mental retardation set forth by the American Association on Intellectual and Developmental Disabilities and the American Psychiatric Association. Both define mental retardation as significantly subaverage intellectual functioning accompanied by significant limitations in adaptive functioning, originating before the age of 18. Since Atkins, most jurisdictions have adopted definitions of mental retardation that conform to those definitions. But some states, looking often to stereotypes of persons with mental retardation, apply exclusion criteria that deviate from and are more restrictive than the accepted scientific and clinical …

Using Judicial Performance Evaluations To Supplement Inappropriate Voter Cues And Enhance Judicial Legitimacy, Penny White

Scholarly Works

No abstract provided.

Vol. 26, No. 3, J. Stuart Garbutt

The Illinois Public Employee Relations Report

Contents:

Recent and Potentially Forthcoming Developments in Federal Regulation of the Workplace, J. Stuart Garbutt

Recent Developments

Genetic Enhancements And Expectations, Kelly Sorensen

Philosophy and Religious Studies Faculty Publications

Some argue that genetic enhancements and environmental enhancements are not importantly different: environmental enhancements such as private schools and chess lessons are simply the old-school way to have a designer baby. I argue that there is an important distinction between the two practices—a distinction that makes state restrictions on genetic enhancements more justifiable than state restrictions on environmental enhancements. The difference is that parents have no settled expectations about genetic enhancements.

Trademarks And Human Rights: Oil And Water? Or Chocolate And Peanut Butter?, Megan M. Carpenter

Law Faculty Scholarship

In recent years, there has been a growing discourse at the intersection of intellectual property and human rights, including whether or not individual intellectual property rights are, or can be, human rights. In 2007, this debate began to focus on the area of trademarks. That year, the European Court of Human Rights determined that it had jurisdiction over a trademark dispute, by virtue of the property rights provision found in Article 1 of Protocol 1 to the European Convention on Human Rights. This paper seeks to explore the connection between trademarks and human rights. The first part of the article …

The Red, Yellow And Orange Colours Of Thai Reform, Knowledge@Smu

Knowledge@SMU

Thailand’s constitution has undergone numerous changes in tandem with the rise and fall of a long line of political players. The shadow of instability lingers. In recent years, two opposing camps have been drawing all the attention: the “yellow” pro-monarchy camp, versus the red-shirt supporters of former prime minister Thaksin Shinawatra. According to Andrew Harding, a visiting law professor at Singapore Management University, the views of the in-betweens, the so-called “orange” camp, which represents the ordinary, nonpartisan Thai citizens, might be the way forward.

Unethical Protection? Model Rule 1.8(H) And Plan Releases Of Professional Liability, George Kuney

Scholarly Works

The American Bar Association’s Model Rules of Professional Conduct address the propriety of attorneys obtaining releases from their clients of either past claims or future claims against themselves. Under the applicable Model Rule, both types of releases require the involvement, or the opportunity for involvement, of independent counsel to review and advise the client on the issue.

Releases in chapter 11 plans typically cover insiders, members of the creditors’ committee, and the debtor’s and committee’s counsel. Few courts or disciplinary bodies of the various state bars have addressed the ethical issues that arise when counsel insert into a plan of …

Financial Market Failure As A Crisis In The Rule Of Law: From Market Fundamentalism To A New Keynesian Regulatory Model, Timothy A. Canova

Faculty Scholarship

This article considers the financial panic of 2008 in historical context by analyzing the institutional and regulatory factors that contributed to the financial and economic crisis. The move away from a Keynesian regulatory model was a function of larger institutional flaws. The Keynesian regime of command-and-control regulation focused on macroeconomic policy objectives designed to achieve full employment, more equitable distributions of wealth and income, greater transparency in the regulatory process, and reduction in monopoly exploitation of consumers. Central to this regime was a model of central banking that required greater accountability to elected branches of government and the use of …

A Simple Conveyance Rule For Complex Innovation, Adam Mossoff

Tulsa Law Review

No abstract provided.

Relational Markets In Intimate Goods, Michele Goodwin

Tulsa Law Review

No abstract provided.

Odds And Ends: An Epstein-Inspired Look At Luck, Lee Anne Fennell

Tulsa Law Review

No abstract provided.

The Reflections And Responses Of A Legal Contrarian, Richard A. Epstein

Tulsa Law Review

No abstract provided.

Richard Epstein And Discrimination Law, Richard H. Mcadams

Tulsa Law Review

No abstract provided.

The Copyright Revision Act Of 2026, Jessica Litman

Marquette Intellectual Property Law Review

American copyright law is broken. In fact, its failings are leading lawyers and scholars to find resourceful strategies to work around the deficiencies in the current state of the law. These strategies, the lecturer argues, indicate that a fundamental overhaul of copyright law is imminent. After lamenting the disconnect between academia and the practicing bar and examining the present laws' shortcomings felt by authors, distributors, and consumers alike, the lecturer provides three goals a new copyright regime should meet. First, copyright law should be more easily accessible and, likewise, understandable for non-lawyers. Second, the new copyright laws should reduce the …

Trespass Torts And Self-Help For An Electronic Age, Catherine M. Sharkey

Tulsa Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

Affirmatively Denied: The Detrimental Effects Of A Reduced Grant Rate For Affirmative Asylum Seekers, Rachel D. Settlage

Law Faculty Research Publications

No abstract provided.

Is Law - Constitutional Crisis And Existential Anxiety, Alice Ristroph

Faculty Scholarship

No abstract provided.

Rethinking Patent Fraud Enforcement In A Reform Era, Kali Murray, Dmitriy Vinarov

Marquette Intellectual Property Law Review

This Article contends that, while the defense of inequitable conduct offers an avenue to combat fraudulent patent applications, the doctrine suffers from shortcomings that spring from two compromises. First, the amorphous nature of the equitable defense prompts institutional conflict between the United States Patent and Trademark Office and the Federal Circuit. Second, by relegating enforcement solely to a patentee's market competitors, the defense fails to protect the public interest adequately. In light of these compromises, the authors propose two goals to guide current reform efforts in Congress. Initially, Congress's attempt to reform patent fraud enforcement should relieve the aforementioned institutional …