Law Commons^™

Brief Of Eleven Law Professors And Aarp As Amici Curiae In Support Of Respondent, Bilski V. Kappos, 130 S. Ct. 3218 (2010) (No. 08-964), Joshua Sarnoff, Lori Andrews, Andrew Chin, Ralph Clifford, Christine Farley, Sean Flynn, Debra Greenfield, Peter Jaszi, Charles Mcmanis, Lateef Mtima, Malla Pollack

Amicus Briefs & Court Filings

This is the brief filed by Joshua Sarnoff and Barbara Jones on behalf of various law professors and AARP in the Bilski v. Kappos case, discussing constitutional limits to the Patent power.

How (Not) To Think Like A Punisher, Alice G. Ristroph

Georgetown Law Faculty Publications and Other Works

This article examines the several and sometimes contradictory accounts of sentencing in proposed revisions to the Model Penal Code. At times, sentencing appears to be an art, dependent upon practical wisdom; in other instances, sentencing seems more of a science, dependent upon close analysis of empirical data. I argue that the new Code provisions are at their best when they acknowledge the legal and political complexities of sentencing, and at their worst when they invoke the rhetoric of desert. When the Code focuses on the sentencing process in political context, it offers opportunities to deploy both practical wisdom and empirical …

The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz

Nebraska State Constitution

No abstract provided.

Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen

Faculty Publications and Presentations

This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother's former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in the …

A Legal Miscellanea: Volume 6, Number 2, Jacob Burns Law Library George Washington University Law School

A Legal Miscellanea: Archives (Print)

A Newsletter for the Friends of the Jacob Burns Law Library, highlighting the Library's collections, services, recent acquisitions, events and exhibits.

Scope Of The Second Amendment Right – Post-Heller Standard Of Review, Ivan E. Bodensteiner

Law Faculty Publications

This article addresses an important issue not decided by the Court in Heller, i.e., the size or scope of the Second Amendment right identified in that case. Heller is a victory for those opposed to gun control legislation, but it could turn out to be a limited victory, depending on the standard of review adopted to decide Second Amendment challenges to gun control laws. I argue the Court should adopt a heightened rational basis standard that rewards an enlightened legislative process and gives deference to the laws that result from this process. Gun control laws serve an important governmental function, …

Things Fall Apart: The Illegitimacy Of Property Rights In The Context Of Past Theft, Bernadette Atuahene

All Faculty Scholarship

In many states, past property theft is a volatile political issue that threatens to destabilize nascent democracies. How does a state avoid instability when past property theft causes a significant number of people to believe that the property distribution is illegitimate? To explore this question, I first define legitimacy relying on an empirical understanding of the concept. Second, I establish the relationship between inequality, illegitimate property distribution, and instability. Third, I describe the three ways a state can achieve stability when faced with an illegitimate property distribution: by using its coercive powers, by attempting to change people’s beliefs about the …

Vol. 26, No. 4, Betty Cox, Perry A. Zirkel

The Illinois Public Employee Relations Report

Contents:

School Boards' Adverse Employment Actions Against Superintendents: An Empirical Analysis of the Case Law, by Betty Cox and Perry A. Zirkel

Recent Developments

Volume 33, Issue 2 (Fall 2009)

Transcript

No abstract provided.

Revocable Trusts Under The Florida Trust Code, Donna Litman

Faculty Scholarship

No abstract provided.

Fraud Is Fun: Or How A Foreclosure Rescue Scam Changed My Life, Peter A. Holland

Faculty Scholarship

No abstract provided.

Law & Health Care Newsletter, V. 17, No. 1, Fall 2009

Law & Health Care Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Fall 2009

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

C-Drum News, V. 3, No. 1, Fall 2009

The C-DRUM News

No abstract provided.

In Practice, V. 10, No. 1, Fall 2009

In Practice

No abstract provided.

Replacing Incarceration: The Need For Dramatic Change, Nora V. Demleitner

Scholarly Articles

Not available.

Santa Clara Magazine, Volume 51 Number 2, Fall 2009, Santa Clara University

Santa Clara Magazine

16 - POLITICS AND RELIGION: STILL ON A COLLISION COURSE? An interview with Avraham Burg, former speaker of the Israeli Knesset. Plus excerpts from talks by E.J. Dionne Jr., Lisa Sowle Cahill '70, and Michael Eric Dyson.

20 - THE GULF OF WONDER By Emily Elrod '05. With a movie, Patrick McVeigh '78 offers investors a unique opportunity: Wake up the citizens of America and help them save one of the Seven Natural Wonders of the World. Plus, a 30 percent return.

24 - SEASON PREMIERE: "RESURRECTION" By Karen Crocker Snell. Forensic investigator Horatio Caine lies facedown in a pool …

Faculty Newsletter - Fall 2009, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Faculty Newsletters

This newsletter features discussions about: (i) library renewals, (ii) Faculty Services Librarian David McClure; (iii) liaison reshuffles; (iv) research assistance; (v) interdisciplinary resources -- databases other than Westlaw or Lexis; (vi) US Government Depository status; (vii) coffee in the library; and (viii) the library conference room.

Ilsa Journal Of International And Comparative Law-Volume 16-2009-2010, Connie Kaplan, Jessica Serrano, Amy Beth Smith, Stacy Roberts, Cintia N. Calevoso, Leon F. Hirzel Iv, Christian Savio, Abdul-Sumi Dalal, Jacqueline F. Gardner, Ana Malave, Tammi Calderone, Corey K. Setterlund

ILSA Journal Mastheads

No abstract provided.

The Leading Edge, V. 1, Issue 1, Fall 2009

The Leading Edge: the Newsletter of the University of Maryland School of Law's Leadership, Ethics and Democracy Initiative

No abstract provided.

Environmental Law At Maryland, No. 28, Fall 2009

Environmental Law at Maryland

No abstract provided.

Irish Law 2009, Notre Dame Law School

About the Law School

We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were just a couple of years ago, you probably have plenty of questions about law school and Notre Dame. That's why we've prepared the Guide. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that once you look through that window, you'll be as eager to join us as we are to have …

Small Is The New Biglaw: Some Thoughts On Technology, Economics, And The Practice Of Law, Glenn Harlan Reynolds

Scholarly Works

This paper looks at technological and economic changes affecting lawyers, and their effect on the competitiveness of large law firms. It explores methods of unbundling big law firm features, and providing similar services on a more ad hoc basis. In addition, it considers whether current legal education is properly preparing students for a world in which large law firms will be much less dominant. Based on a talk given at Hofstra Law School in March of 2009.

Greenhouse Gas Regulation In Canada: Constitutional And Policy Dimensions, Shi-Ling Hsu, Robin Elliot

Scholarly Publications

Canada’s greenhouse gas emissions have risen dramatically since the 1997 negotiation of the Kyoto Protocol, and that rise has continued through Canada’s 2002 ratification of the Protocol. Along with economic dislocation, constitutional barriers to regulation have sometimes been cited as the reason for caution in regulating greenhouse gases. This article critically evaluates the constitutional arguments and examines the policy considerations surrounding various regulatory instruments that might be used to reduce greenhouse gases. We conclude that the Canadian constitution does not present any significant barriers to federal or provincial regulation and that policy considerations strongly favour the use of two instruments: …

Amicus (Fall 2009), University Of Colorado Law School

Amicus

Many Colorado Law alumni have gone on to enjoy fulfilling careers in the corporate sector by serving as in-house counsels. This issue highlights a handful of these alumni who have managed to find success in the ever changing world of corporate counsel.

Featured in this issue:

• Carole Yaley ‘80
• Marc Graboyes ‘96
• Susan Keesen ‘76
• Juan Otero ‘91
• Beverly Ledbetter ‘72
• James Piccone ‘78
• An editorial from Professor Mark Lowenstein
• An editorial from John Howard Jr. ‘87

Baselines Newsletter, No. 5, Fall 2009, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.

Torch (October 2009), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Martha’S (And Steve’S) Good Faith: An Officer’S Duty Of Loyalty At The Intersection Of Good Faith And Candor, Joan Macleod Heminway

Scholarly Works

This short paper begins to explore whether a corporate officer’s duty of good faith extends to public disclosures of personal facts. Specifically, the paper preliminarily attacks the following question: in the post Stone v. Ritter, post-Gantler v. Stephens era in which we now live, is the absence or inadequacy of an executive officer’s disclosure of personal facts a breach of the duty of good faith and, as a result, the fiduciary duty of loyalty under Delaware law? The answer to this question is tied up in recent jurisprudence of the Delaware Supreme Court at the intersection of the duty of …

International & Comparative Law Perspectives: Fall 2009, Int'l & Comp. Law Program

International & Comparative Law Perspectives

No abstract provided.

Reasonableness As A Rule: A Paean To Justice O'Connor's Dissent In Atwater V. City Of Lago Vista, Wayne A. Logan

Scholarly Publications

This paper, part of a symposium dedicated to “great” Fourth Amendment dissents, examines Justice Sandra Day O’Connor's dissent in Atwater v. City of Lago Vista (2001), where by a 5-4 vote the Court upheld the constitutionality of warrantless police arrests for non-breach of the peace, fine-only offenses. In addition to rightfully condemning the majority's decision to equate probable cause with constitutional reasonableness, in principle, Justice O’Connor presciently recognized the numerous liberty and privacy-restricting consequences of the outcome for the “everyday lives of Americans.” Atwater, combined with decisions issued before and after it, including Whren v. United States, Devenpeck …