Law Commons^™

Federalism And Kelo: A Question For Richard Epstein, Robert C. Ellickson

Tulsa Law Review

No abstract provided.

A Reexamination Of The Temporal Dimension In Property And Takings, Marla E. Mansfield

Tulsa Law Review

No abstract provided.

Families For Tax Purposes: What About The Steps, Wendy G. Gerzog

All Faculty Scholarship

At least 4.4 million families in the U.S. are blended ones that include step-children and step-parents. For tax purposes, these steps receive preferential treatment for their status because they are on the one hand included as family members for many income tax benefit sections, but on the other hand excluded as family members for business entity attribution purposes and for gift and estate tax anti-abuse provisions. In the interests of fairness and uniformity, steps should be treated as family members for all tax purposes where steps have in fact voluntarily acted as their biological or adoptive counterparts, both when such …

Expanding Definition Of Monopoly Leveraging, Eun K. Chang

University of Miami Business Law Review

No abstract provided.

Credit Derivatives Are Not "Insurance", M. Todd Henderson

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Notre Dame Lawyer - Summer 2009, Notre Dame Law School

Notre Dame Lawyer

Eck Hall of Law
After a semester of use, Eck Hall of Law has begun to feel like home. Here’s an inside look at the classrooms, courtroom, chapel, and all that makes Eck Hall a fabulous place to be.

Meet Nell Jessup Newton
She’s an accomplished scholar, professor, dean, volunteer, and advocate. Now she’s ours.

Paying Tribute to Dean O’Hara
This summer, Patricia A. O’Hara will end her tenure as dean of Notre Dame Law School after a decade at the helm. Members of the Law School community, and a current student express their gratitude and esteem for her many …

July Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

What Next for Sri Lanka's 2.5 Million Tamils? by Amantha Perera. Time. May 26, 2009.

and

How to Defeat Insurgencies: Sri Lanka's Bad Example by Bobby Ghosh. Time, May 20, 2009.

Moving Beyond Conflict In Sri Lanka: The Economic Rights Dimension, Shareen Hertel

Human Rights & Human Welfare

Much of the literature on transitional justice underplays the role of economic rights in shoring up peace. The case of Sri Lanka demonstrates the urgency of addressing them. Until a month ago, Sri Lanka was the country with Asia’s longest running civil war. Since independence in 1947, the island nation has been wracked by conflict between the Sinhalese majority and the Tamil minority—a conflict that has eroded political stability and aggravated internal inequalities. The struggle was marked not only by inter-ethnic and religious tensions but also by a fight for control over land and resources.

Mixed Signals: How Mixtapes Have Blurred The Changing Legal Landscape In The Music Industry, Meredith L. Schantz

University of Miami Business Law Review

No abstract provided.

Law Library Newsletter, Volume 1, Issue 2 - July/August 2009, Kresge Law Library

Law Library Newsletter

This second issue of Law Library News highlights the dynamic nature of life and work in the Kresge Law Library. Amongst the many pictures of the construction phases of Eck Hall, you will find helpful material gleaned from professional conferences and staff experiences with the continuing evolution of electronic access to information. To me, though, the focus this summer continues to be on our continual quest to provide excellent service to all of our patrons in our transitional environment. That transitional environment includes the impact of our construction project and the changing nature of information delivery. On the construction side, …

The War Goes On - No Reconciliation At This Stage, Anja Mihr

Human Rights & Human Welfare

The victorious Sri Lankan President Mahinda Rajapaska has been quite bold to pass a reconciliation note after he declared the thirty year war over. Can he be taken seriously?

The Holmesian Bad Man's First Critic, Douglas G. Baird

Tulsa Law Review

No abstract provided.

Who's Guiding South Carolina's Securities Jurisprudence?: A Major Opportunity To Reapproach South Carolina Securities Law, Justin P. Novak

South Carolina Law Review

No abstract provided.

A "Fair Contracts" Approval Mechanism: Reconciling Consumer Contracts And Conventional Contract Law, Shmuel I. Becher

University of Michigan Journal of Law Reform

Consumer contracts diverge from the traditional paradigm of contract law in various conspicuous ways. They are pre-drafted by one party; they cannot be altered or negotiated; they are executed between unfamiliar contracting parties unequal in their market power and sophistication; they are offered frequently by agents who act on behalf of the seller; and promisees (i.e., consumers) do not read or understand them. Consumer contracts are thus useful in modern markets of mass production, but they cast doubt on some fundamental notions of contract law.

To reframe the long-lasting debate over consumer contracts, this Article develops a superior legal regime …

Families For Tax Purposes: What About The Steps?, Wendy C. Gerzog

University of Michigan Journal of Law Reform

At least 4.4 million families in the United States are blended ones that include stepchildren and stepparents. For tax purposes, these "steps" receive preferential treatment as a result of their status because, on the one hand, they are treated as family members for many income tax benefit sections, but on the other hand, are excluded from the definition of family member for business entity attribution purposes and for gift and estate tax anti-abuse provisions. In the interests of fairness and uniformity, steps should be treated as family members for all tax purposes where they act like their biological or adoptive …

Forward: Sandra Day O'Connor, Earl F. Nelson, And State Judicial Selection And Retention Systems, R. Lawrence Dessem

Faculty Publications

In difficult cases, in unpopular cases, in cases that may draw criticism from the executive branch of government, the legislature, the media, or the general populace, it is essential that judges be insulated from public pressure. However much we believe in the strength and integrity of the human spirit, we cannot expect judges to do justice without establishing an institutional framework that guarantees them that their next decision, however loathsome or unpopular, will not be their last.

The Future For Collected Prosecutorial Evidence At The International Criminal Tribunal For Rwanda, Gerda Visser

Cardozo Public Law, Policy & Ethics Journal

The article focuses on the International Criminal Tribunal for Rwanda (ICTR) and its Office of the Prosecutor (OTP), emphasizing the need to balance the preservation of sensitive information with the public's right to access historical records. It highlights the ICTR's role in developing international criminal law standards and the challenges of managing its vast archive, particularly regarding witness protection, privacy, and future prosecutions. The article proposes establishing an international judicial archive with a legal reviewing body to oversee access to the OTP database, ensuring transparency while safeguarding sensitive data.

From Imperial Scholar To Imperial Student: Minimizing Bias In Article Evaluation By Law Reviews, Rachel J. Anderson

Scholarly Works

This Article is intended to serve as a roadmap for law professors and law review editors alike in their efforts to find a better way for students to evaluate articles. Further, this Article aims to offer low-cost ways to improve the institution of student-run law reviews by strengthening editors' evaluation skills and processes. This Article is divided into three main parts. Part II of this Article, Manifestations of Systemic Bias, develops a theory of the safe-dissent continuum and employs this theory to determine whether there is empirical support for claims of bias in article evaluation and the legal discourse. Part …

Controlling Residential Stakes, Lee Anne Fennell, Julie Roin

Public Law and Legal Theory Working Papers

No abstract provided.

Two Notions Of Privacy Online, Avner Levin, Patricia S. Abril

Articles

Users of social networking websites tend to disclose much personal information online yet seem to retain some form of an expectation of privacy. Is this expectation of privacy always unreasonable? How do users of online social networks define their expectations of privacy online?

These questions were the impetus behind an empirical study, the findings of which are presented in this Article. The project, simultaneously conducted in Canada, at Ryerson University, and in the United States, at the University of Miami, consisted of a survey regarding personal information protection and expectations of privacy on online social networks (OSNs). Approximately 2,500 young …

Controlling Residential Stakes, Lee Anne Fennell, Julie Roin

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Constitutional Flaw?, Carl E. Schneider

Articles

Do terminally ill patients have a constitutional right "to decide, without FDA interference, whether to assume the risks of using potentially life-saving investigational drugs that the FDA has yet to approve for commercial marketing, but that the FDA has determined, after Phase I clinical human trials, are safe enough for further testing"? In Abigail Alliance for Better Access to Developmental Drugs v. McClellan, the United States District Court for the District of Columbia said "no." In Abigail Alliance for Better Access to Developmental Drugs v. von Eschenbach, a panel (three judges) of the United States Court of Appeals …

A Tale Of (At Least) Two Authors: Focusing Copyright Law On Process Over Product, Laura A. Heymann

Faculty Publications

No abstract provided.

Competition: The Next Generation Of Environmental Regulation, Stephen M. Johnson

Southeastern Environmental Law Journal

No abstract provided.

Table Of Contents

South Carolina Law Review

No abstract provided.

Foreword: Memorial To Kathryn Anne Bockman, Jean H. Toal

South Carolina Law Review

No abstract provided.

The Spirit Of The Legal Academy -- For Three Years Or For Life?: Some Personal Observations, Robert T. Bockman

South Carolina Law Review

No abstract provided.

Dancing The Texas Two-Step: What Does Rothgery V. Gillespie County Mean For The Sixth Amendment Right To Counsel In South Carolina, Carla J. Patat

South Carolina Law Review

No abstract provided.

Clarifying The Test For Design Defects In South Carolina, William L. Mills

South Carolina Law Review

No abstract provided.

Vital Surgery Or Unnecessary Procedure? Rethinking The Propriety Of Hospital Liability For Negligent Credentialing, Andrew R. Deholl

South Carolina Law Review

No abstract provided.