Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2009

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 961 - 990 of 11208

Full-Text Articles in Law

Taking Empirical Research Seriously, Susan Saab Fortney Oct 2009

Taking Empirical Research Seriously, Susan Saab Fortney

Faculty Scholarship

This essay considers how empirical research on the legal profession can bridge the divide between theory, social science, and the ethical practice of law. After providing background information on the growing field of empirical legal research, Part I of this essay focuses on developments in empirical legal research on lawyering. Part II discusses how collaboration with practitioners and other stakeholders can help researchers address challenges related to accessing data. Once data are obtained, Part III suggests how dissemination and sharing of research can link the academy and practicing lawyers. The conclusion urges a collaborative course of action for legal ethics …


The Opinion Volume 47 Issue 1 – October 1, 2009, The Opinion Oct 2009

The Opinion Volume 47 Issue 1 – October 1, 2009, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October, 1, 2009


The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky Oct 2009

The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky

Law and Contemporary Problems

No abstract provided.


Minimum Responsiveness And The Political Exclusion Of The Poor, Bertrall L. Ross Ii, Terry Smith Oct 2009

Minimum Responsiveness And The Political Exclusion Of The Poor, Bertrall L. Ross Ii, Terry Smith

Law and Contemporary Problems

No abstract provided.


Morals In A Market Bubble, Robert T. Miller Oct 2009

Morals In A Market Bubble, Robert T. Miller

University of Dayton Law Review

No abstract provided.


In Search Of An Enforceabe Medical Malpractice Exculpatory Agreement: Introducing Confidential Contracts As A Solution To The Doctor-Patient Relationship Problem, Matthew J.B. Lawrence Oct 2009

In Search Of An Enforceabe Medical Malpractice Exculpatory Agreement: Introducing Confidential Contracts As A Solution To The Doctor-Patient Relationship Problem, Matthew J.B. Lawrence

Faculty Scholarly Works

Scholars have argued that the malpractice system would be better off if patients had the option of waiving the right to sue for malpractice in exchange for a lower fee. Some doctors have tried to follow this advice by having their patients sign medical malpractice exculpatory agreements, but courts usually have refused to enforce these agreements, invoking a void-for-public-policy rationale. This Note argues that a doctor could maximize the odds that a court would enforce her medical malpractice exculpatory agreement by somehow ensuring that she will never find out whether her patient decided to sign. A case study of the …


Hope In The Law, Annelise Riles Oct 2009

Hope In The Law, Annelise Riles

Cornell Law Faculty Publications

No abstract provided.


Regulate Otc Derivatives By Deregulating Them: Response To Comments, Lynn A. Stout Oct 2009

Regulate Otc Derivatives By Deregulating Them: Response To Comments, Lynn A. Stout

Cornell Law Faculty Publications

Response to comments by Jean Helwege, Peter Wallison, and Craig Pirrong on the author's article, "Regulate OTC Derivatives By Deregulating Them." Article predates the author's affiliation with Cornell Law School.


Solar Rights, Sara C. Bronin Oct 2009

Solar Rights, Sara C. Bronin

Cornell Law Faculty Publications

The rights to access and to harness the rays of the sun - solar rights - are extremely valuable. These rights can determine whether and how an individual can take advantage of the sun’s light, warmth, or energy, and they can have significant economic consequences. Accordingly, for at least two thousand years, people have attempted to assign solar rights in a fair and efficient manner. In the United States, attempts to assign solar rights have fallen short. A quarter century ago, numerous American legal scholars debated this deficiency. They agreed that this country lacked a coherent legal framework for the …


Strategery's Refuge, Christopher W. Seeds Oct 2009

Strategery's Refuge, Christopher W. Seeds

Cornell Law Faculty Publications

By popular account, the Supreme Court’s recent decisions on effective assistance of counsel in capital sentencing—aggressive critiques of counsel’s failure to investigate and present mitigating evidence—initiate an era of improved oversight of the quality of legal representation in death penalty cases. One would expect the new and improved jurisprudence to curb post hoc efforts by trial counsel to disguise incomplete trial preparation as a tactical decision, a practice that has long undercut the Strickland doctrine. But the shelters for post hoc rationalizations—the refuges for “strategery”—remain. Surveying decisions of the federal courts of appeals since the turn of the century, this …


Is It Time To Establish A National Disability Data System?, David C. Stapleton, Craig V.D. Thornton Oct 2009

Is It Time To Establish A National Disability Data System?, David C. Stapleton, Craig V.D. Thornton

Employment Research Newsletter

No abstract provided.


Performing Discretion Or Performing Discrimination: An Analysis Of Race And Ritual In Batson Decisions In Capital Jury Selection, Melynda J. Price Oct 2009

Performing Discretion Or Performing Discrimination: An Analysis Of Race And Ritual In Batson Decisions In Capital Jury Selection, Melynda J. Price

Law Faculty Scholarly Articles

Research shows the mere presence of Blacks on capital juries--on the rare occasions they are seated--can mean the difference between life and death. Peremptory challenges are the primary method to remove these pivotal participants. Batson v. Kentucky developed hearings as an immediate remedy for the unconstitutional removal of jurors through racially motivated peremptory challenges. These proceedings have become rituals that sanction continued bias in the jury selection process and ultimately affect the outcome of capital trials. This Article deconstructs the role of the Batson ritual in legitimating the removal of African American jurors. These perfunctory hearings fail to meaningfully interrogate …


Privacy Programs And Protection For Children And Youth: Amend Article 2 Of Chapter 5 Of Title 49, Relating To Child Abuse And Deprivation Records, So As To Define A Certain Term, Provide For Access By Certain Governmental Entities And Certain Persons To Records Concerning Reports Of Child Abuse; Provide That Certain Records Relating To Child Fatality Or Near Fatality Shall Not Be Confidential; Repeal Conflicting Laws; And For Other Purposes., Carla Chen, Russell Wrenn Oct 2009

Privacy Programs And Protection For Children And Youth: Amend Article 2 Of Chapter 5 Of Title 49, Relating To Child Abuse And Deprivation Records, So As To Define A Certain Term, Provide For Access By Certain Governmental Entities And Certain Persons To Records Concerning Reports Of Child Abuse; Provide That Certain Records Relating To Child Fatality Or Near Fatality Shall Not Be Confidential; Repeal Conflicting Laws; And For Other Purposes., Carla Chen, Russell Wrenn

Georgia State University Law Review

The Act expands the definition of “child abuse” by providing for a definition of “near fatality.” It also changes who may access records of child abuse and deprivation to include any governmental agency and certain other persons as defined by the Act. Additionally, it makes cases of near fatality accessible to these agencies and individuals. In doing so, the Act prohibits personally identifiable information from disclosure in these cases.


Plausibly Pleading Personal Jurisdiction, Jayne S. Ressler Oct 2009

Plausibly Pleading Personal Jurisdiction, Jayne S. Ressler

Faculty Scholarship

No abstract provided.


Cedaw's Flaws: A Critical Analysis Of Why Cedlaw Is Failing To Protect A Woman's Right To Education In Pakistan, Jennifer T. Sudduth Oct 2009

Cedaw's Flaws: A Critical Analysis Of Why Cedlaw Is Failing To Protect A Woman's Right To Education In Pakistan, Jennifer T. Sudduth

The Journal of Law and Education

No abstract provided.


Deprivation Of Education In Violation Of Procedural Due Process: The Wrong Turn In Couture Chalk Talks, Erin Blake Oct 2009

Deprivation Of Education In Violation Of Procedural Due Process: The Wrong Turn In Couture Chalk Talks, Erin Blake

The Journal of Law and Education

No abstract provided.


Of Natural Threads And Legal Hoops: Bob Ellickson's Property Scholarship, Carol M. Rose Oct 2009

Of Natural Threads And Legal Hoops: Bob Ellickson's Property Scholarship, Carol M. Rose

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.


Private Norms And Public Spaces, Nicole Stelle Garnett Oct 2009

Private Norms And Public Spaces, Nicole Stelle Garnett

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.


Ellickson's Extraordinary Look At The Ordinary, Henry E. Smith Oct 2009

Ellickson's Extraordinary Look At The Ordinary, Henry E. Smith

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.


In Memoriam: Alan C. Swan, Judge Barzee Flores, Peter D. Lederer, Katja Simone Wuelfert, William Twining, Keith S. Rosenn, John .F. Murphy Oct 2009

In Memoriam: Alan C. Swan, Judge Barzee Flores, Peter D. Lederer, Katja Simone Wuelfert, William Twining, Keith S. Rosenn, John .F. Murphy

University of Miami Law Review

No abstract provided.


The National Class As Extraterritorial Legislation, Jeffrey Haylock Oct 2009

The National Class As Extraterritorial Legislation, Jeffrey Haylock

Dalhousie Law Journal

This article argues that provincially constituted multijurisdictional class actions violate the constitutional law of extraterritoriality. It begins with a brief overview of the lawof adjudicativejurisdiction, then provides a longer overviewof the separate body of law that imposes extraterritorial limits on substantive provincial legislation. The author then demonstrates the substantive characterof classaction legislation, which necessarily entails the applicability of the law ofextraterritoriality However, much of the relevant jurisprudence, as well as some of the relevant academic literature, has ignored this important issue.Application ofthe lawofextraterritoriality does, indeed, raise serious constitutional concerns, as the article's central section demonstrates. The desirable efficiencies of national …


Title And Copyright Pages, North Carolina Journal Of Law & Technology Oct 2009

Title And Copyright Pages, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.


Front Matter And Contents, North Carolina Journal Of Law & Technology Oct 2009

Front Matter And Contents, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.


The New Race: Speeding Up Climate Change Innovation, Deborah Behles Oct 2009

The New Race: Speeding Up Climate Change Innovation, Deborah Behles

North Carolina Journal of Law & Technology

No abstract provided.


Just The Facts, Ma'am: Removing Drama From Dna Dragnets, Jennifer K. Wagner Oct 2009

Just The Facts, Ma'am: Removing Drama From Dna Dragnets, Jennifer K. Wagner

North Carolina Journal of Law & Technology

No abstract provided.


Cover Songs And Donkey Kong: The Rationale Behind Compulsory Licensing Of Musical Compositions Can Inform A Fairer Treatment Of User-Modified Videogames, John Baldrica Oct 2009

Cover Songs And Donkey Kong: The Rationale Behind Compulsory Licensing Of Musical Compositions Can Inform A Fairer Treatment Of User-Modified Videogames, John Baldrica

North Carolina Journal of Law & Technology

No abstract provided.


Herding Cats: What To Do When States Get In The Way Of National Energy Policy, John Noor Oct 2009

Herding Cats: What To Do When States Get In The Way Of National Energy Policy, John Noor

North Carolina Journal of Law & Technology

No abstract provided.


Feasibility And Carbon Capture And Sequestration: Will Commercial Deployment Of Carbon Capture And Sequestration Pass The Test, Margaret S. Davis Oct 2009

Feasibility And Carbon Capture And Sequestration: Will Commercial Deployment Of Carbon Capture And Sequestration Pass The Test, Margaret S. Davis

North Carolina Journal of Law & Technology

No abstract provided.


Patent Venue And Convenience Transfer: New World Or Small Shift, Paul M. Janicke Oct 2009

Patent Venue And Convenience Transfer: New World Or Small Shift, Paul M. Janicke

North Carolina Journal of Law & Technology

No abstract provided.


Riegel V. Medtronic In Light Of The Recent Trend In Preemption Cases: A Case For Amending The Medical Device Act, Julie C. Solms Oct 2009

Riegel V. Medtronic In Light Of The Recent Trend In Preemption Cases: A Case For Amending The Medical Device Act, Julie C. Solms

North Carolina Journal of Law & Technology

No abstract provided.