Law Commons^™

Salmon, Sage-Brush, And Safaris: Alaska’S Territorial Judicial System And The Adventures Of The Floating Court, 1901-1915, Michael Schwaiger

Alaska Law Review

No abstract provided.

Note From The Editor, Kelly Taylor

Alaska Law Review

No abstract provided.

Journal Staff

Alaska Law Review

No abstract provided.

Best Brief: The Kingdom Of Spain, Joseph Mathews, Wei Xiang

Pace Environmental Law Review

No abstract provided.

Space Law In The Age Of The International Space Station, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

This article focuses on the special context where humans from various nations work and live together in one orbiting laboratory, the International Space Station (ISS), and the legal rules pertinent to those activities. This essentially concerns the application of an existing body of international treaties on space and space activities to the ISS, as well as the special legal framework that has been established to deal with the various ramifications of this very international operating environment. Within that context moreover, the specific European parameters stemming from the fact that the European Space Agency (ESA) serves as the vehicle for the …

Conflicts Between General Laws And Religious Norms, Dieter Grimm

Cardozo Law Review

No abstract provided.

Secularism, Religion, And Liberal Democracy In The United States, Kent Greenawalt

Cardozo Law Review

No abstract provided.

On The Secularization Of The Public Square: Jews In France And In The United States, Pierre Birnbaum

Cardozo Law Review

No abstract provided.

Changing The Lebanese Constitution: A Postmodern History, John J. Donohue

Cardozo Law Review

No abstract provided.

The New Wall Of Separation: Permitting Diversity, Restricting Competition, Ran Hirschl, Ayelet Shachar

Cardozo Law Review

No abstract provided.

Are Secularism And Neutrality Attractive To Religious Minorities? Islamic Discussions Of Western Secularism In The "Jurisprudence Of Muslim Minorities" (Fiqh Al-Aqalliyyat) Discourse, Andrew F. March

Cardozo Law Review

No abstract provided.

Religious Marriage In A Liberal State, Gidi Sapir, Daniel Statman

Cardozo Law Review

No abstract provided.

Introduction, Andrew Chin

North Carolina Law Review

No abstract provided.

Keynote Address, S. Jay Plager

North Carolina Law Review

No abstract provided.

Copying In Patent Law, Christopher A. Cotropia, Mark A. Lemley

North Carolina Law Review

No abstract provided.

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

North Carolina Law Review

No abstract provided.

University Software Ownership And Litigation: A First Examination, Arti K. Rai, John R. Allison, Bhaven N. Sampat

North Carolina Law Review

No abstract provided.

Search For Tomorrow: Some Side Effects Of Patent Office Automation, Andrew Chin

North Carolina Law Review

No abstract provided.

Patent Citation Networks Revisited: Signs Of A Twenty-First Century Change, Katherine J. Strandburg, Gabor Csardi, Jan Tobochnik, Peter Erdi

North Carolina Law Review

No abstract provided.

The Devaluation Of Life, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The US Environmental Protection Agency (EPA) has been the target of two recent controversies involving the devaluation of life: the 2003 use of a senior discount for the value of statistical life for people over age 65, and the 2008 downward reassessment of the value of statistical life by the EPA Air Office. Even though these new values of statistical life were still among the highest used in the Federal government, there was a strong negative public reaction to each. The public outcry over the EPA policies appears to have stemmed from an irrational response to decreases in the value …

Rethinking The Federal Role In State Criminal Justice, Nancy J. King, Joseph L. Hoffmann

Vanderbilt Law School Faculty Publications

This Essay argues that federal habeas review of state criminal cases squanders resources the federal government should be using to help states reform their systems of defense representation. A 2007 empirical study reveals that federal habeas review is inaccessible to most state prisoners convicted of non-capital crimes, and offers no realistic hope of relief for those who reach federal court. As a means of correcting or deterring constitutional error in non-capital cases, habeas is failing and cannot be fixed. Drawing upon these findings as well as the Supreme Court's most recent decision applying the Suspension Clause, the authors propose that …

The Clash Of Obligations: Exercising Extraterritorial Jurisdiction In Conformance With Transitional Justice, Christen Broecker

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Best Brief: The United States Of America, Gabrielle Janssens, Michael Minkler, Monica Bauman

Pace Environmental Law Review

No abstract provided.

June Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“The Red Cross Torture Report: What It Means.” by Mark Danner. The New York Review of Books. April 30, 2009.

Response To Mark Danner’S “The Red Cross’ Torture Report: What It Means”, Charli Carpenter

Human Rights & Human Welfare

Danner’s NY Review of Books treatise on torture calls our attention to many significant issues, but in his key argument he is critically wrong.

Torture—And Our Broader Understanding Of Human Rights, Mark Gibney

Human Rights & Human Welfare

Like most other human rights scholars, I am appalled at the idea that those people in the Bush White House who designed the administration’s policy on torture (but calling it something else) will in all likelihood go unpunished. In my view, the law is clear on this matter: those who directed and/or carried out torture must be held accountable for their actions. However, rather than focusing on the issue of accountability, I will use the issue of torture to make a broader point about how we have come to conceptualize the extent and scope of a state’s human rights obligations.

The Moral High Ground In An Age Of Vulnerability, Tyler Moselle

Human Rights & Human Welfare

Mark Danner’s New York Review of Books piece on torture in conjunction with John Nichols’ comment on the Bush administration, outline moral, legal and political problems related to the global war on terrorism and the ascendancy of the American imperial presidency. Most people seem to be repulsed by the idea of torture but are not morally committed enough or fully dedicated to prevent it from being employed to defend their way of life. Torture is a policy decision predicated on fear, self-defense, and vulnerability in an age of globalized insurgency: one way to respond is to take the moral high …

Parent Education Programs: Review Of The Literature And Annotated Bibliography, Barbara A. Babb, Gloria Danziger, Judith D. Moran, Itta Englander

All Faculty Scholarship

Court-connected parent education programs are an integral family service component in most of the nation’s family courts. These programs are implemented to enable the courts to respond efficiently and effectively to the proliferation of cases involving separation, divorce, and related issues such as child custody and access (Sigal, Sandler, Wolchik, and Braver, 2008; Pollet and Lombreglia, 2008; McIntosh and Deacon-Wood, 2003). Since 2007, parent education classes are mandatory in forty-six states (Pollet and Lombreglia, 2008). In Maryland, every court with jurisdiction over divorce and child custody matters utilizes some form of parent education.

The findings discussed in this literature review …

The Price Of Abuse: Intel And The European Commission Decision, Robert H. Lande

All Faculty Scholarship

The May 13, 2009 decision by the European Commission ('EC') holding that Intel violated Article 82 of the Treaty of Rome and should be fined a record amount and prohibited from engaging in certain conduct, set off a predictable four part chorus of denunciations:

1. Intel did nothing wrong and was just competing hard;
2. Intel's discounts were good for consumers;;
3. The entire matter is just another example of Europeans protecting their own against a more efficient U.S. company; and;
4. Even if Intel did engage in anticompetitive activity, the fine was much too large. These assertions will be addressed in turn.;

Why The French Laïcité Is Liberal, Patrick Weil

Cardozo Law Review

No abstract provided.