Law Commons^™

A More Humane Vision Of Family Law: Holistic Approach Needed To Shield Children From The Trauma Of Breakups, Barbara A. Babb, Mitchell K. Karpf

All Faculty Scholarship

No abstract provided.

Maine's General Sales Tax: An Exploration Of Policy Issues And Options, Sarah Rawlings

Muskie School Capstones and Dissertations

Introduction The role of sales taxation in states’ economies has been a topic of much discussion and controversy since its inception in some states more than 70 years ago. The sales tax has been a critical component of revenue generation for some 98% of states over the last 50 years, but policy-makers and economists have become concerned in recent years about the dwindling revenues being generated by sales taxation in most states.

Through The Looking Glass: Finding And Freeing Modern-Day Slaves At The State Level, Michelle L. Rickert

Faculty Publications and Presentations

This article delves into the interaction between federal and state laws prohibiting human trafficking. The article advocates for comprehensive human trafficking laws at the state level, including police training, victim aftercare, forfeiture, and prosecution as essential elements. It looks comprehensively at the existing state laws prohibiting human trafficking. Additionally it examines the five existing models for state law and suggests benefits and potential improvements for each model. The article concludes y advocating a holistic law prohibiting human trafficking in the Commonwealth of Virginia.

Professor's Paper Targets Klan Reference On University Of Texas Dorm... And Gets Action, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

Ten weeks ago, my 48-page legal history paper started a Texas-sized controversy about a University of Texas dormitory named for a Klan leader. UT first admitted African-American students in 1950 after the NAACPʼs Legal Defense Fund lawyers beat Texas before the US Supreme Court in Sweatt v. Painter. Four years later, the great NAACP lawyers won Brown v. Board of Education. Just a few weeks after the Brown decision, UT put a Klansmanʼs name on a brand-new dormitory for law and graduate students.

When General Statutes And Specific Statutes Conflict, Steve R. Johnson

Scholarly Publications

It’s no secret that the pace of lawmaking in the United States has accelerated dramatically in recent decades. So much so that one may be forgiven for thinking that the best law reform would be a moratorium on further law reform – - to give citizens, their legal representatives, and government officials the opportunity to catch up with the laws we already have made.

Legislatures, agencies, and courts all have made their contributions to the torrent of lawmaking. The phenomenon has been attributed to various causes, including growing populations, greater population densities as a result of urbanization, rapid technological changes, …

Interview Of Ambassador Carla A. Hills Conducted By Rosine Plank-Brumback On July 12, 2010, Institute Of International Economic Law, Georgetown University Law Center

The Oral History Project of the World Trading System

Interview of Ambassador Carla A. Hills, who served as United States Trade Representative [USTR] from 1989 to 1993, conducted by Rosine Plank-Brumback on July 12, 2010.

A Conflict By Any Other Name Would Smell As Foul: A Comment On The Appointment Of A Vice-President Of Pfizer To The Cihr Governing Council, Jocelyn Downie

Articles, Book Chapters, & Popular Press

If one had to pick the pharmaceutical company most associated with unethical and illegal conduct this past year, it would likely be Pfizer. So it seems reasonable to respond with disbelief and outrage to the federal government’s October 5, 2009 appointment of Dr. Bernard Prigent – Vice President, Medical Director and registered lobbyist for Pfizer Canada – to the Canadian Institutes of Health Research Governing Council (CIHR GC). This is the body that sets the strategic direction for most federally funded health research in Canada. A senior executive from a for-profit pharmaceutical company should not be given a seat at …

July 11, 2010: The Power Of Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Power of Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Federal Employees Part-Time Career Employment Act Of 1978: Overview, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

The Federal Employees Part-Time Career Employment Act aims to utilize the potential of persons who do not work a traditional forty-hour workweek. Having found that part-time permanent employment has a number of benefits,i Congress passed legislation extending part-time career employment opportunities throughout the federal government in 1978.

Remarks At Memorial Service For The Honorable Morris E. Lasker, U.S. District Court, Southern District Of New York, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Remarks At Memorial Service For The Honorable Morris E. Lasker, U.S. District Court, Southern District Of New York, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Criminal Practice Developments In Maryland Evidence Law And Confrontation Clause Jurisprudence, Lynn Mclain

All Faculty Scholarship

This paper was prepared as a handout for a presentation given on July 9th., 2010 to staff at the Harford County Public Defender’s Office, Bel Air, MD. The specific sections of the paper are: Discovery of Witnesses’ Identities: Protective Orders; Jury Selection; Communications from Jurors; Preservation of the Record: Rules 4-323, 5-103, and 5-702; Judicial Notice: Rule 5-201; Balancing Risk of Unfair Prejudice and Confusion against Probative Value: Rule 5-403; Character Evidence; Fifth Amendment Privilege: Miranda; Competency of Witnesses: Rule 5-601; Impeachment by Prior Convictions: Rule 5-609; Questioning by Court: Rule 5-614; Expert Testimony: Rules 5-702 – 5-706; Hearsay; The …

July 8, 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.

In Re Est. Of Sure Chief, No. 2009-P-20 (Blkft. Tr. Ct. App., Jul. 1, 2010)., Blackfeet Appellate Court

Court Decisions

Court of Appeals held that petitioner could not appeal the appointment of personal representative for her mother’s estate until she had exhausted her remedies at the Lower Court “with verification of how her rights have been violated.”

Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green

Popular Media

No abstract provided.

Sheleg Lavan V. Ashkelon Municipality, Edmond E. Levy, Edna Arbel, Neal Hendel

Translated Opinions

Facts: The respondent, the Ashkelon municipal government, issued a tender for the provision of cleaning services. The tender documents set a minimum bid price in accordance with the exact amount of the wages for cleaning workers as determined in a government circular establishing a national standard for such wages. Respondent 2 submitted the lowest and ultimately winning bid. As part of the tender process, respondent 2 explained its ability to pay the minimum wage while also covering expenses and earning a profit by noting its expectations that a percentage of its workers at any given time would not have acquired …

Kinder V. Geithner - Original Complaint, Peter Kinder

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Tapping The Potential Of The Health Care Workforce: Scope-Of-Practice And Payment Policies For Advanced Practice Nurses And Physician Assistants, Robert Cunningham

National Health Policy Forum

Expanding coverage and increasing delivery of team-based care are likely to entail a growing role in the
health system for advanced practice nurses (APNs), physician assistants (PAs), and other nonphysician clinicians. These professions have already grown rapidly and have increased access to primary and specialty care, especially in rural and other underserved areas. This background paper provides an overview of the role of APNs and PAs. It reviews the primary features of the training and credentialing of these health professions, including the impact of public policies and market forces on their growth and deployment. It describes variations in state scope-of-practice …

The First Amendment Protects Military Funeral Protests, Timothy Zick

Popular Media

Military funeral protests are offensive, but protected free speech.

Institutional Design By Default, Michael E. Herz

Online Publications

The central concern of administrative law is how to control agency discretion. Agencies are handed enormous authority, and administrative law consists primarily – indeed, almost exclusively – of a set of doctrines designed to inform, curb, or enable other actors to oversee discretionary agency actions. Administrative law is preoccupied with establishing procedures to prevent agency abuse and designing oversight by non-agency players – the President, Congress, private stakeholders, and, most obviously, the judiciary. All the core doctrines of administrative law are generally understood as implementing basic decisions regarding institutional choice: who does what? How should power be divided up amongst …

Free And Fair Elections, Violence And Conflict, Muna Ndulo, Sara Lulo

Cornell Law Faculty Publications

Elections are a defining characteristic of democracy, and thus form an integral part of the democratization process. Over the past decade, electoral systems and processes have become a centerpiece of UN peacekeeping missions and post-conflict democratization projects undertaken by intergovernmental organizations and donor agencies such as World Bank and USAID. The emphasis on elections as an element of UN peacekeeping missions is linked to a shift in focus to state rebuilding (or state creation, as was the case in East Timor). Elections thus provide a means for “jump-starting a new, post-conflict political order; for stimulating the development of democratic politics; …

July 4, 2010: Happy Fourth Of July, Bruce Ledewitz

Hallowed Secularism

Blog post, “Happy Fourth of July“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Seven-Sky V. Holder - Amended Complaint, Susan Seven-Sky

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Newsletter, Summer & Fall 2010

Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 2010

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

The Adam Walsh Act And The Failed Promise Of Administrative Federalism, Wayne A. Logan

Scholarly Publications

For advocates of federalism, these are uncertain times. With hope of meaningful judicial federalism having largely receded, and Congress persisting in its penchant for intrusions on state authority, of late several scholars have championed the capacity of executive agencies to enforce and preserve federalism interests. This paper tests this position, providing the first empirically based critical analysis of administrative federalism, focusing on the recently enacted Adam Walsh Act, intended by Congress to redesign states’ sex offender registration and community notification laws. The paper casts significant doubt on the accepted empirical assumptions of administrative federalism, adding to the limited evidence amassed …

Re-Examining Acts Of God, Jill M. Fraley

Scholarly Articles

For more than three centuries, tort law has included the notion of an act of God as something caused naturally, beyond both man's anticipation and control. Historically, the doctrine applied to extraordinary manifestations of the forces of nature, including floods, earthquakes, blizzards, and hurricanes. Despite the significance of the doctrine, particularly in large-scale disasters, scholars rarely engage the act of God defense critically. However, recently, the doctrine has received more substantial criticism. Denis Binder argued that the doctrine should be repudiated as merely a restatement of existing negligence principles Joel Eagle criticized the doctrine, suggesting that it should not exclude …

Law Library Access Policy, Georgia State University Law Library

Law Library Policies

No abstract provided.

Law Library Annual Report 2009-2010, Georgia State University Law Library

Law Library Annual Reports

No abstract provided.

Ipq; Summer 2010

IPQ; the Maryland IP Law Quarterly

No abstract provided.