Law Commons^™

Foreword, Karen J. Williams

South Carolina Law Review

No abstract provided.

In Re Cotton Yarn Antitrust Litigation, Christopher M. Huber

South Carolina Law Review

No abstract provided.

Page V. Lexington County School District One, Blaire C. Lowery

South Carolina Law Review

No abstract provided.

Unwanted Advances: Civil Commitment And Congress's Illicit Use Of The Commerce Clause--United States V. Comstock, Miles Coleman

South Carolina Law Review

No abstract provided.

How Not To Seek An Award Of Attorney's Fees, Douglas E. Abrams

Faculty Publications

No abstract provided.

Alberta Legal Services Mapping Project: Action Plan Update, Glynnis Lieb

Canadian Forum on Civil Justice

In 2006, the Canadian Forum on Civil justice conducted the Self-Represented Litigant (SRL) Mapping Project. This Project aimed to gain a better understanding about SRLs in Alberta, what their legal needs are and what resources are available to them. Mapping for this project was conducted in three sites; Grand Prairie, Red Deer and Edmonton. Findings from this Project were strongly indicative of the lack of public understanding of the justice system and the need for easily accessible public legal information. Based on the recommendations from the SRL Mapping Project, Law Information Centres (LInCs) were established in all three jurisdictions.

A Closer Look At The Federalization Snowball, Abigail R. Moncrieff

Law Faculty Articles and Essays

While on the academic job market, I presented Federalization Snowballs to several stellar law faculties.1 My argument, in short, was that: (1) federal healthcare spending allows the states to externalize onto the federal government about 40% of the utilization costs associated with their medical malpractice policies (such as the cost of defensive medicine); (2) such an externality systematically distorts a rational state’s incentive to reform medical malpractice; and (3) federalization of medical malpractice is necessary to correct the distortion. In other words, I argued that federalization of healthcare spending through Medicare, Medicaid, and similar programs has snowballed into a need …

Review Of The Constitution’S Text In Foreign Affairs, Daniel Marcus

Book Reviews

American constitutional historians and jurists have debated for decades what to make of the Constitution's relative silence about foreign affairs. The framers said a good deal about one aspect of foreign affairs—war powers. However, there are only a few provisions dealing with diplomacy and foreign affairs more generally, empowering the President to make treaties and name ambassadors, but only with the advice and consent of the Senate. Nonetheless, the lesson of American history and constitutional law, at least since the early twentieth century, is that the President has the preeminent if not exclusive role in shaping and conducting U.S. foreign …

Front Matter

City University of New York Law Review

No abstract provided.

"Purgatory Cannot Be Worse Than Hell": The First Amendment Rights Of Civilly Committed Sex Offenders, Tanya Kessler

City University of New York Law Review

No abstract provided.

Re-Feminizing Mediation Globally, Deborah Rubin

City University of New York Law Review

No abstract provided.

The Child Perspective In The Crc, Maria Grahn-Farley

City University of New York Law Review

No abstract provided.

Article 1 Of The Crc And New York State Law, Alexandra R. Harrington

City University of New York Law Review

No abstract provided.

Section Five: New York State Adoption Law And The Convention On The Rights Of The Child, Lauren K. Deluca

City University of New York Law Review

No abstract provided.

Section Nine: Article 2 Of The Convention On The Rights Of The Child And New York State Law, Clare M. Wiseman

City University of New York Law Review

No abstract provided.

Afterword To Symposium, Kathryn Grant Madigan

City University of New York Law Review

No abstract provided.

Section Two: Article 6 Of The Crc And New York State Law, Chantima Chokloikaew

City University of New York Law Review

No abstract provided.

The Convention On The Rights Of The Child, Karin Soder

City University of New York Law Review

No abstract provided.

Demand-Side Gatekeepers In The Market For Home Loans, Edward J. Janger, Susan Block-Lieb

Faculty Scholarship

No abstract provided.

Can Estate Planners And Trust Administrators Offer Help To Trust Beneficiaries Who Want To Learn To Make Positive Life Planning Decisions, Robert Whitman

Faculty Articles and Papers

No abstract provided.

States Of Resistance: The Real Id Act And The Limits Of Federal Deputization Of State Agencies In The Regulation Of Non-Citizens, Shirley Lin

Elisabeth Haub School of Law Faculty Publications

The goal of this Article is to discuss the justiciability of issues arising under immigration federalism by examining the constitutionality of the REAL ID Act. Part I discusses states' authority over non-citizens and the history of "immigration federalism" jurisprudence. Part II explores key provisions of the REAL ID Act, the WHTI, and similar attempts by the federal government to deputize states to engage in citizenship-policing and immigration enforcement. It describes the acute social and economic segregation that the denial of driver's licenses to non-citizens engenders, and examines a number of theories that attempt to capture the impact of the current …

Toward A Coherent Test For Disparate Impact Discrimination, Jennifer L. Peresie

Indiana Law Journal

Statistics are generally plaintiffs' primary evidence in establishing a prima facie case of disparate impact discrimination. Thus, the use, or misuse, of statistics dictates case outcomes. Lacking a coherent test for disparate impact, courts choose between the two prevailing tests, statistical significance and the four-fifths rule, in deciding cases, and these tests frequently produce opposite results. Litigants thus face considerable uncertainty and the risk that a judge's preferred outcome will dictate which test is applied. This Article recognizes that the two tests perform complementary functions that both play a useful role in determining whether liability should be imposed. statistical significance …

Foreword: Freedom Of Expression: "Precious Right" In Europe, "Sacred Right" In The United States?, Elisabeth Zoller

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.

Freedom Of Expression In The Federal Republic Of Germany, Oliver Jouanjan

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.

Free Speech And National Security, Geoffrey R. Stone

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.

Has Ebay Spelled The End Of Patent Troll Abuses? Paying The Toll: The Rise (And Fall?) Of The Patent Troll, Gregory D'Incelli

University of Miami Business Law Review

No abstract provided.

The Closing Of The Judicial Mind, David F. Forte

Law Faculty Articles and Essays

Reviews of R.F. Nagel, Unrestrained: Judicial Excess and the Mind of the American Lawyer, Transaction Publishers (2008) and R. Posner, How Judges Think, Harvard University Press (2008)

The Pension Factor: Assessing The Role Of Defined Benefit Plans In Reducing Elder Hardships, Frank Porell, Beth Almeida

Gerontology Institute Publications

Traditional defined benefit (DB) pension plans have long been an important source of income for elder households seeking to maintain a middle-class standard of living after a lifetime of work. Under traditional DB plans, retirees receive a guaranteed, regular stream of income after retirement that continues until death.

The monthly pension benefit is typically based on years of service to the employer, age, and salary history. Retirees also have the option to elect a joint-and-survivor benefit, to ensure that pension payments continue to a surviving spouse. DB plan participation rates among private sector American workers have sharply decreased from about …

Sexual Politics And Social Change, Darren Lenard Hutchinson

UF Law Faculty Publications

The Article examines the impact of social movement activity upon the advancement of GLBT rights. It analyzes the state and local strategy that GLBT social movements utilized to alter the legal status of sexual orientation and sexuality following the Supreme Court’s ruling in Bowers v. Hardwick. Successful advocacy before state and local courts, human rights commissions, and legislatures fundamentally shifted public opinion and laws regarding sexual orientation and sexuality between Bowers and the Supreme Court’s ruling in Lawrence v. Texas. This altered landscape created the "political opportunity" for the Lawrence ruling and made the opinion relatively "safe".

Currently, GLBT rights …

Modernizing Water Law: The Example Of Florida, Christine A. Klein, Mary Jane Angelo, Richard Hamann

UF Law Faculty Publications

This Article takes a national view of the modernization of water law. Using Florida as an example, it identifies some of the most important and controversial challenges faced by states. Part II provides an overview of the process of water law reform. As states attempt to improve water management, they have modified their common law water allocation systems with an overlay of statutory law. Often, the process occurs in a piecemeal fashion, resulting in a patchwork of rules—common law and statutory, old and new. In rare cases—including that of Florida—the process may be more comprehensive, one through which states supplement …