Law Commons^™

A Civil Right To Counsel: Closer To Reality, Clare Pastore

Loyola of Los Angeles Law Review

No abstract provided.

Access To Justice: A Broader Perspective, William C. Vickrey, Joseph L. Dunn, J. Clark Kelso

Loyola of Los Angeles Law Review

No abstract provided.

Acknowledgements, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

Heinous, Atrocious, And Cruel: Apprendi, Indeterminate Sentencing, And The Meaning Of Punishment, W. David Ball

Faculty Publications

Under Apprendi v. New Jersey, any fact that increases an offender's maximum punishment must be found by a jury beyond a reasonable doubt. The Apprendi literature has focused on the allocation of power between judge and jury, ignoring entirely the role of the parole board in indeterminate sentences-that is, sentences which terminate in discretionary parole release. In an indeterminate sentence, a judge makes a pronouncement about the length of the prescriptive sentence to be imposed, but the parole board decides the actual sentence that is, in fact, imposed.

In this Article, I explore the Apprendi ramifications of indeterminate sentencing. In …

Obama And The New Age Of Reform, Aziz Rana

Cornell Law Faculty Publications

No abstract provided.

Shedding (Empirical) Light On Judicial Selection, Lee Epstein

Missouri Law Review

Relative to commentators at Political Science and Economics meetings, the discussants at law conferences are generally quite kind, genteel even. They almost always say, "This is a really wonderful set of papers" - even if the papers are not so wonderful - or that they really learned a lot from the papers - even if they didn't. Happily, with regard to the three papers the organizers asked me to discuss,' I need not stretch the truth for purposes of collegiality. I really do think they are a wonderful set of papers and really did learn a lot

Should You Use It? Tips On Authenticating Online Legal Sources, Emily M. Janoski-Haehlen

Law Faculty Publications

No abstract provided.

2009 Moot Court Problem, Caroline Blanco, Sherry Hutt, Gary Nurkin, David Tarler, Ole Varmer

Pace Environmental Law Review

No abstract provided.

Access To Justice For Unrepresentated Litigants: A Comparative Perspective, Sande L. Buhai

Loyola of Los Angeles Law Review

No abstract provided.

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

Loyola of Los Angeles Law Review

No abstract provided.

As You Like It: Exploring The Limits Of Parental Choice In Assisted Reproduction, Debora L. Spar

Minnesota Journal of Law & Inequality

Speeches

2009 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Herbert C. Dobrinsky, Vice President for University Affairs, Yeshiva University; Herald

Presiding:

Morton Lowengrub, Provost and Senior Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Richard M. Joel, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Invocation:

Rabbi Ozer Glickman, Adjunct Professor, Benjamin N. Cardozo School of Law

Welcome:

Kathryn O. Greenberg, Chair, Board of Directors, Benjamin N. Cardozo School of Law; Class of 1982

Remarks:

David Rudenstine, Dean, Benjamin N. Cardozo School of Law; Vice President for Legal Education, Yeshiva University

Commencement Address:

Justice Rosalie Silberman Abella, Supreme Court of …

Disabling Dreams Of Parenthood: The Fertility Industry, Anti-Discrimination, And Parents With Disabilities, Kimberly M. Mitcherson

Minnesota Journal of Law & Inequality

No abstract provided.

Dairies In New Mexico: The Environmental Implications Of A New Industry, Denise D. Fort, Anthony Edwards

Faculty Scholarship

The dairy industry, at first blush, might seem to be an odd growth industry for New Mexico, but the last decade has seen an extraordinary expansion of the industry in the state. The presence of the industry has consequences for the state in several domains, including water quantity and water quality, as well as economics, animal welfare and state finances. This article is an attempt to characterize these implications for water policy and to solicit insights from those who are familiar with the industry.

Patents And Growth: Empirical Evidence From The States, Glynn S. Lunney Jr

Faculty Scholarship

In the Uruguay Round, negotiators for the United States persuaded its trading partners to incorporate uniform minimum standards for the protection of intellectual property rights ("IPRs") directly into the General Agreement on Tariffs and Trade. Although individual countries may adopt higher standards for protection, the agreement on Trade Related Aspects of Intellectual Property Rights ("TRIPs") imposed on all countries the fairly high standards of protection then existing in only a relative handful of countries. Proponents of TRIPs argue that the agreement is trade-related and will prove to mutually enhance the welfare of countries that are net exporters of IPR goods, …

'Equal Citizenship Stature': Justice Ginsburg’S Constitutional Visionq, Neil S. Siegel

Faculty Scholarship

In this essay, Professor Siegel examines the nature and function of constitutional visions in the American constitutional order. He argues that Associate Justice Ruth Bader Ginsburg possesses such a vision and that her vision is defined by her oft-stated commitment to “full human stature,” to “equal citizenship stature.” He then defends Justice Ginsburg’s characteristically incremental and moderate approach to realizing her vision. He does so in part by establishing that President Barack Obama articulated a similar vision and approach in his Philadelphia speech on American race relations and illustrated its capacity to succeed during the 2008 presidential election.

The Aig Bailout, William K. Sjostrum, Jr.

Washington and Lee Law Review

On February 28, 2008, American International Group, Inc., the then largest insurance company in the United States, announced 2007 earnings of $6.20 billion or $2.39per share. Its stock closed that day at $50.15 per share. Less than seven months later, however, AIG was on the verge of bankruptcy and had to be rescued by the United States government through an $85 billion loan. Government aid has since grown to $182.5 billion, and AIG's stock recently traded at less than $1.00 per share. The Article explains why AIG, a company with $1 trillion in assets and $95.8 billion in shareholders' equity, …

Introduction [To The Symposium], Joan M. Shaughnessy

Washington and Lee Law Review

No abstract provided.

Play And The Search For Identity In The Cyberspace Community, Dorothy G. Singer

Washington and Lee Law Review

No abstract provided.

A Review Of The Effects Of Violent Video Games On Children And Adolescents, Jodi L. Whitaker, Brad J. Bushman

Washington and Lee Law Review

No abstract provided.

Online Dangers: Keeping Children And Adolescents Safe, Jodi L. Whitaker, Brad J. Bushman

Washington and Lee Law Review

No abstract provided.

Developmental Implications Of Children's Virtual Worlds, Kaveri Subrahmanyam

Washington and Lee Law Review

As virtual worlds for children increase in popularity, it is important to examine their developmental implications. Given the limited research on this question, we use extant social science research on youth and digital media to understand how children 's participation in virtual worlds might mediate their development. We identify four different pathways by which new media can potentially mediate development. Then we review relevant research on video games, which, like virtual worlds, contain three-dimensional online fantasy worlds; we also review research on online communication forums, which are like virtual worlds in that they allow users to create online selves and …

Fertility And Virtual Reality, Edward Castronova

Washington and Lee Law Review

No abstract provided.

Sex Play In Virtual Worlds, Robin Fretwell Wilson

Washington and Lee Law Review

No abstract provided.

Virtual Parentalism, Joshua A.T. Fairfield

Washington and Lee Law Review

Parents, not Laws, ultimately protect children both online and offline. If legislation places adults at legal risk because of the presence of children in virtual worlds, adults will exit those worlds, and children will be isolated into separate spaces. This will not improve safety for children. Instead, this Article suggests that Congress enact measures that encourage filtering technology and parental tools that will both protect children in virtual worlds, and protectfree speech online.

Virtual Heisenberg: The Limits Of Virtual World Regulability, Viktor Mayer-Schonberger

Washington and Lee Law Review

No abstract provided.

Failed Rescue: Why Davis V. Fec Signals The End To Effective Clean Elections, E. Stewart Crosland

Washington and Lee Law Review

No abstract provided.

Does The World Need Knights Errant To Combat Enemies Of All Mankind? Universal Jurisdiction, Connecting Links, And Civil Liability, Zachary Mills

Washington and Lee Law Review

No abstract provided.

A Question Of Sovereignty, Development, And Natural Resources: A New Standard For Binding Third Party Nonsignatory Governments To Arbitration, Jacob Stoehr

Washington and Lee Law Review

No abstract provided.

Protecting Children In Virtual Worlds Without Undermining Their Economic, Educational, And Social Benefits, Robert Bloomfield, Benjamin Duranske

Washington and Lee Law Review

Advances in virtual world technology pose risks for the safety and welfare of children. Those advances also alter the interpretations of key terms in applicable Laws. For example, in the Miller test for obscenity, virtual worlds constitute places, rather than "works," and may even constitute local communities from which standards are drawn. Additionally, technological advances promise to make virtual worlds places of such significant social benefit that regulators must take care to protect them, even as they protect children who engage with them.