Law Commons^™

Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.

December 23, 2010: The Repeal Of Don’T Ask Don’T Tell, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Repeal of Don’t Ask Don’t Tell“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 14, 2010: A Fundamental Rights Decision Masquerading As A Commerce Decision, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Fundamental Rights Decision Masquerading as a Commerce Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.

December 8, 2010: Uphold Proposition 8, Bruce Ledewitz

Hallowed Secularism

Blog post, “Uphold Proposition 8“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 5, 2010: Seeking Common Ground: A Secular Statement, Bruce Ledewitz

Hallowed Secularism

Blog post, “Seeking Common Ground: A Secular Statement“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 7, 2010: How To Fix The Establishment Clause, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to Fix the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Celebrating The Twenty-Fifth Issue Of The Annual Survey Of Virginia Law, Marguerite R. Ruby, Sarah Warren S. Beverly

University of Richmond Law Review

No abstract provided.

From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni

Mark Perry

Increasingly the digital content used in everyday life has little or no human intervention in its creation. Typically, when such content is delivered to consumers it comes with attached claims of copyright. However, depending on the jurisdiction, approaches to ownership of computer-generated works vary from legislated to uncertain. In this paper we look at the various approaches taken by the common law, such as in Canada, and the legislative approach taken in the United Kingdom. The options for how computer-generated works may be treated and suggestions for their best placement in copyright are discussed.

Del Derecho Y La Economía Al Derecho Económico. Working Paper N. 1, Mario A. Pinzón Mapc

Mario A Pinzón Camargo

La relación entre derecho y economía se ha condensado en un nuevo espacio de reflexión que puede ser denominado como un nuevo paradigma en las ciencias sociales. A diferencia de la concepción clásica que plantea el antagonismo entre estas dos, éste artículo examina su complementariedad. The link between law and economics has been condensed in a new space of reflection that can be called a new paradigm within the social sciences, which intends to build the bridges of understanding between these two sciences. In contrast to the classical conception that states the antagonism in between them, due to their constitutive …

October 25, 2010: Why Are The Democrats Doing So Badly?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Are the Democrats Doing So Badly?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 17, 2010: Woody Allen’S Hell, Bruce Ledewitz

Hallowed Secularism

Blog post, “Woody Allen’s Hell“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Three Stories And Their Morals, Robert B. Bennett

Robert B. Bennett

Fundamentally, the common law tradition is a collection of stories. Stories also become the law professor's stock in trade. We tell students stories or have them read stories in the form of cases or hypothetical situations and help them discern the morals to the stories-i.e., what the stories mean in the context of business or in their business lives? In a sense, that is what the Socratic Method is all about: analyzing stories in the form of cases and discerning their greater meaning. In this paper I will relate three true stories within the context of just-in-time production management and …

October 14, 2010: Why Is Snyder V. Westboro Baptist Church A Free Speech Case?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why is Snyder v. Westboro Baptist Church a free speech case?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Time Has Come For Law Enforcement Recordings Of Custodial Interviews, Start To Finish, Thomas P. Sullivan

Golden Gate University Law Review

Throughout the United States, more and more law enforcement officials are coming to realize the tremendous benefits they receive when the questioning of suspects in police facilities is recorded from beginning to end, starting with the Miranda warnings and continuing until the interview is completely finished. Recordings put an end to a host of problems for detectives: having to scribble notes during interviews and later type reports; straining on the witness stand weeks and months later, trying to describe what happened behind closed doors at the station; becoming embroiled in courtroom disputes about what was said and done during custodial …

Exoneration And Wrongful Condemnations: Expanding The Zone Of Perceived Injustice In Death Penalty Cases, Craig Haney

Golden Gate University Law Review

In this article I argue that despite the very serious nature and surprisingly large number of these kinds of exonerations, revelations about factually innocent death-sentenced prisoners represent only the most dramatic, visible tip of a much larger problem that is submerged throughout our nation's system of death sentencing. That is, many of the very same flaws and factors that have given rise to these highly publicized wrongful convictions also produce a more common kind of miscarriage of justice in capital cases. I refer to death sentences that are meted out to defendants who, although they may be factually guilty of …

Beyond Unreliable: How Snitches Contribute To Wrongful Convictions, Alexandra Natapoff

Golden Gate University Law Review

This Comment briefly surveys in Part I some of the data on snitch-generated wrongful convictions. In Part II, it describes in more detail the institutional relationships among snitches, police, and prosecutors that make snitch falsehoods so pervasive and difficult to discern using the traditional tools of the adversarial process. Part III concludes with a litigation suggestion for a judicial check on the use of informant witnesses, namely, a Daubert-style pre-trial reliability hearing. The Appendix in Part IV contains a sample motion requesting and justifying such a hearing.

Anatomy Of A Miscarriage Of Justice: The Wrongful Conviction Of Peter J. Rose, Susan Rutberg

Golden Gate University Law Review

This Article examines one case in which students and lawyers from Golden Gate University's Innocence Project won the exoneration of Peter J. Rose, a man who served nearly ten years of a twenty-seven year State Prison sentence for the rape and kidnap of a child before DNA proved his innocence. The analysis of this case focuses on how the conduct of two police detectives, the prosecutor and the defense attorney contributed to this miscarriage of justice.

North Dakota Law, Rob Carolin

North Dakota Law

Alumni Magazine of the University of North Dakota School of Law

Mid-Atlantic Ethics Committee Newsletter, Fall 2010

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Seeking Truth On The Other Side Of The Wall: Greenleaf’S Evangelists Meet The Federal Rules, Naturalism, And Judas, Nancy J. Kippenhan

Faculty Publications and Presentations

An inquiry that seeks truth by accepting only natural answers excludes the possibility of the sacred or supernatural, building a wall that forecloses a complete exploration for the truth it seeks. Without analysis, critics dismiss sources presenting supernatural explanations, and those who believe sacred works have no factual foundation accept without investigation any popular theory that appears attractive. The rules of evidence expressly seek truth, wherever it lies. Noted legal scholar Simon Greenleaf used evidentiary principles to demonstrate the factual credibility of the Gospels in his Testimony of the Evangelists. This Article examines Greenleaf’s analysis, applying current rules of evidence …

Law And Mental Health: A Relationship In Crisis?, Sheila Wildeman

Dalhousie Law Journal

What is the significance of the rule of law to the area of professional knowledge and practice that is "mental health"-or to the interaction of those two aspirational, one might say euphemistically-named social systems: the mental health and justice systems? This question centres upon the rule of law-specifically, I suggest (as I relate further in closing), a thick conception of the rule of law grounded in an ideal of state-subject reciprocity-and not, or not directly, upon the individual and social good ofhealth. It is this overarching question that I wish to pursue in setting the stage for the two lectures …

Medicine And The Law: The Challenges Of Mental Illness, Beverley Mclachlin

Dalhousie Law Journal

In this lecture, I offer some thoughts on a medical/legal issue that is old, yet perennially pertinent; that is common, yet extraordinary; that is wellknown, yet all too often swept under the carpet. I refer to the issue-or more accurately the plethora of issues-that surround mental health and the law.

The Protection Of Rights Management Information: Modernization Or Cup Half Full?, Mark Perry

Mark Perry

Many papers in this collection discuss the history and development of Bill C-32, An Act to Amend the Copyright Act, introduced into the Canadian Parliament on 2 June 2010, so that analysis will not be duplicated here. Among the failures of copyright reform has been the lack of addressing the required “balancing” of proprietary rights on the one hand, with user rights and the public domain on the other. Rights Management Information (RMI) can aid in this balancing. The RMI of a work is simply data that provide iden- tification of rights related to that work, either directly or indirectly. …

Three Perspectives On Workplace Harassment Of Women Of Color, Maria L. Ontiveros

Golden Gate University Law Review

In this address, I suggest a framework for understanding the ways in which issues of race and culture play a pivotal role in what we have thought of as "sexual harassment." This framework views an incident of workplace harassment from the perspectives of the three key players: the harasser, the victim and the judicial system. From the viewpoint of the harasser, women of color appear to be less powerful, less likely to complain, and the embodiment of particular notions of sexuality. From the perspective of the women, attitudes in their community and lessons learned in their culture may make it …

Commercial Law - Interpreting The Uniform Commercial Code: Methodologies Used, Misused And Unused, Howard Foss

Golden Gate University Law Review

No abstract provided.

Working For Another Miracle, César Rosado Marzán

César F. Rosado Marzán

No abstract provided.

Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris

Chad J McGuire

Applicable Law In International Terrorist Threats And Attacks And The Consequences Of Error In Personam, Somcharti Sucharitkul

Annual Survey of International & Comparative Law

The objective of this paper is neither to reiterate the diversity of definitions nor to corroborate a particular position on the concept of international terrorism but to facilitate the search for the definition of international terrorism, which seems to be of immediate and urgent priority in the context of 21 st century globalization. In my attempt to identify the contemporary core terrorist threat, I will first focus on a model of distinction based on the applicable law in Part I. I will discuss why this model is appropriate and compatible with the trends of international law dealing with international terrorism. …

Promises Of Rewards In A Comparative Perspective, Pablo Lerner

Annual Survey of International & Comparative Law

I will deal with the different aspects of the promise of rewards, comparing the unilateral solution, inspired by the tradition in civil law countries, with the solution. in the common law jurisdictions, and I will try to show why in my opinion the unilateral approach prompts better and more coherent solutions. Against the background of the analysis of reward, we will have the opportunity to elaborate some ideas about the meaning of such basic concepts as contract, promise or bargain. Then I will try to distinguish between reward and other offers to the public, a distinction that is justified if …