Law Commons^™

The Modernizing Mission Of Judicial Review, David A. Strauss

Public Law and Legal Theory Working Papers

Constitutional interpretation, as it is usually conceived, looks to the past—to an old text, to history, to precedent, to tradition—in an effort to limit political majorities. But over the last generation or so, a different approach to the Constitution has emerged. That approach, which might be called modernization, tries to anticipate trends in public opinion instead of taking lessons from the past; and a modernizing court, instead of facing down popular majorities, yields when it finds out that it has misgauged public opinion. This modernizing approach has characterized the Supreme Court’s recent work in many disparate areas, including, among others, …

Examining Re-Entry Challenges And Needs Of Trinidad And Tobago Offenders, Kamhya M. Milan

Sociology & Criminal Justice Theses & Dissertations

This research examines the challenges and needs that Trinidad and Tobago offenders face upon release from prison. The purpose of this research is to provide a foundation for policy recommendations to improve successful reintegration for prisoners corning home. Although there is a lack of re-entry literature based on Trinidad and Tobago offenders, the findings in this study show that Trinidad and Tobago offenders experience the same challenges and needs revealed by America research on offender re-entry. Study results show that policy intervention should be designed to ensure offenders returning home receive assistance with finding shelter, employment, educational resources, counseling and …

Teaching Transactional Skills In A Clinic, Serge A. Martinez, Robert Statchen

Faculty Scholarship

Transactional matters tend to come to us more complicated as is, and there is not a transactional equivalent of the SSI hearing or a drop-in transactional clinic at a soup kitchen. In this presentation, the author reviews clinic goals, time management, and facilitating the students' ability to produces client ready documents.

The Crisis Without A Face: Emerging Narratives Of The Financial Crisis, Adam J. Levitin

University of Miami Law Review

No abstract provided.

The Quiet Metamorphosis: How Derivatives Changed The "Business Of Banking", Saule T. Omarova

University of Miami Law Review

No abstract provided.

The 2007 Private Equity Bust: Re-Contextualizing Material Adverse Change Clauses In A Credit-Stricken Market, Justin L. Browder

University of Miami Law Review

No abstract provided.

June 30, 2009: Rabbi Jill Jacobs On Public Judaism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Rabbi Jill Jacobs on Public Judaism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

A Comment On The Intel Fine, Keith N. Hylton

Faculty Scholarship

On May 13th the European Commission levied a fine of $1.45 billion on Intel for violating its competition law rules by offering volume-based rebates to dealers and to computer manufacturers. The rebates were deemed to have excluded Intel’s rival, AMD, from the market for computer chips. Intel is also alleged to have pressured dealers and manufacturers to set limits on the quantity of AMD chips that they would purchase. The case raises troubling issues when compared to American antitrust law, with respect to procedure and with respect to its impact on the competitive incentives of large firms. There are questions …

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Managing Agricultural Water Use During Drought: An Analysis Of Contemporary Policies Governing Georgia's Flint River Basin, Mark Masters, Ronald Cummings, Brigham Daniels, Kristen Rowles, Douglas Wilson

Faculty Scholarship

No abstract provided.

Ecj Review Of Member State Measures For Compliance With Fundamental Rights, John J. Barceló Iii

Cornell Law Faculty Working Papers

This essay explores the avenues through which a European-level system of fundamental rights might be effectively enforced against EU Member State measures. The parallel concept in the U.S. occurred when, starting in 1938, the U.S. Supreme Court began ruling that different distinct guarantees in the Federal Bill of Rights of the U.S. Constitution controlled State government measures. In the EU, the European Court of Justice (ECJ) could conceivably follow a similar line of development within the EU system, or, on the other hand, the European Court for Human Rights (ECtHR) could play that role. This essay explores these options and …

Circumventing Access Controls Under The Digital Millennium Copyright Act: Analyzing The Securom Debate, David Fry

Duke Law & Technology Review

Despite using one of the most sophisticated digital rights management systems currently available, the video game Spore was illegally downloaded approximately 1.7 million times between September and December of 2008, making it the most widely pirated game of 2008 by more than half a million downloads. This iBrief addresses several legal arguments that have been raised against a digital rights management system called "SecuROM," which is widely used by video game companies like Electronic Arts, the publisher of Spore. First, the iBrief discusses the comparisons that have been drawn between SecuROM and the controversial digital rights management technologies previously employed …

June 28, 2009: "Is Democracy Possible Here?", Bruce Ledewitz

Hallowed Secularism

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

Certificate: Appreciation To Rodney Hurst From Durkeeville Historical Society

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Certificate of appreciation to Rodney Hurst for his valuable contributions to Durkeeville Historical Society Inc. June 27, 2009.

Designing A Federal Vat: Summary And Recommendations, Reuven S. Avi-Yonah

Law & Economics Working Papers Archive: 2003-2009

For the past thirty-five years, the debate on fundamental tax reform in the United States has centered on whether some type of consumption tax would replace all or part of the federal income tax. In my opinion, this debate has now been decided. Given recent budgetary developments and the impending eligibility of the baby boom generation for Social Security and Medicare, we cannot dispense with the revenue from the corporate and individual income tax. Moreover, we will need huge amounts of additional revenue, and most informed observers believe that the only plausible source for such revenues is a federal Value …

June 26, 2009: No Political Wall Of Separation, Bruce Ledewitz

Hallowed Secularism

Blog post, No Political Wall of Separation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Appeal No. 0800: Edward H. Everett Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-55

Summary Of Mgm Mirage V. Nevada Ins. Guaranty Ass’N., 125 Nev. Adv. Op. No. 22, James Conway

Nevada Supreme Court Summaries

Appeal from a district court order holding that self-insured employers under Nevada’s Workers’ Compensation Act can not seek reimbursement from the Nevada Insurance Guaranty Association for amounts that should have been paid by appellant’s insolvent excess insurance carrier.

Summary Of St. James Village, Inc. V. Cunningham, 125 Nev. Adv. Op. No. 21, Ian Houston

Nevada Supreme Court Summaries

Appeal from a district court’s order denying declaratory relief to a servient estate owner seeking authorization to unilaterally relocate an easement across its property.

Appeal No. 0811: Lawrence & Shalynew Fox V. Division Of Oil & Gas Resources Management And Everflow Eastern Partners, L.P., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-91 (Everflow Eastern Partners, L.P.)

Following Industry's Leed: Municipal Adoption Of Private Green Building Standards, Sarah Schindler

Sturm College of Law: Faculty Scholarship

Local governments are beginning to require new, privately constructed and funded buildings to be “green” buildings. Instead of creating their own, locally-derived definitions of green buildings, many municipalities are adopting an existing private standard created by members of the building industry: LEED (Leadership in Energy and Environmental Design). This Article explains and assesses the privately promulgated LEED standards. It argues that the translation of LEED standards, which were intended to be voluntary, into law raises several theoretical and practical problems. Specifically, private green building ordinances that rely on LEED do not ensure a reduction in the negative local environmental impacts …

June 23, 2009: Does The Iranian Struggle Demonstrate That Religion And Democracy Are Incompatible?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Does the Iranian Struggle Demonstrate that Religion and Democracy are Incompatible?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

'From Savigny Through Sir Henry Maine': Roscoe Pound’S Flawed Portrait Of James Coolidge Carter’S Historical Jurisprudence, Lewis A. Grossman

Working Papers

In Roscoe Pound's scathing 1909 review of Law: Its Origin, Growth and Function, American jurist James Coolidge Carter's magnum opus, Pound asserted that Carter's conception of law "comes from Savigny through Sir Henry Maine." Frederich Karl von Savigny and Sir Henry Maine were the most prominent representatives of the German and English historical schools of jurisprudence, respectively. For his part, Carter was the leading representative of historical jurisprudence in the United States.

Other scholars, following Pound, have similarly linked Carter to Savigny and Maine, especially to the former. Moreover, various authors have noted the great effect these European jurists had …

Course Web Sites - Getting Ready For Fall 2009, Debbie Ginsberg

Presentations

Debbie Ginsberg provides an overview of the latest course website features.

Professionalizing Moral Engagement (A Response To Michael Hatfield), Robert K. Vischer

NULR Online

In Professionalizing Moral Deference, Michael Hatfield argues that the way we form lawyers “begins with moral desensitization,” a technique that teaches future lawyers “to override [their] moral intuition.” In making his case, Hatfield offers the infamous torture memos as Exhibit A, but they may not be the best vehicle for proving his thesis. As the work of John Yoo shows, some of the most scandalously deficient legal advice may stem (at least in part) from the lawyer’s inability or unwillingness to override his moral intuition. There is no reason to believe, however, that Yoo’s moral intuition would have led …

June 21, 2009: "Netroots Nation Dives Into Inanity.", Bruce Ledewitz

Hallowed Secularism

Blog post, “Netroots Nation Dives into Inanity." discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 16, 2009: More On The Church And State Panel At The Netroots Convention In Pittsburgh In August, Bruce Ledewitz

Hallowed Secularism

Blog post, “More on the Church and State Panel at the Netroots Convention in Pittsburgh in August“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

International Investment Arbitration: Winning Losing And Why, Susan D. Franck

Scholarly Articles

None available.