Law Commons^™

The Civil Judicial Subsidy, Brendan S. Maher

Faculty Scholarship

American society does not require civil litigants to bear the actual cost of using the court; those costs are borne almost entirely by the taxpayer (i.e., the “civil judicial subsidy”). In this Article I ask: is that right? Or is there a more desirable way to apportion court usage costs between the state and litigants?

I develop an evaluative framework that facilitates analysis of the purpose, contours, and cost of the current judicial subsidy. We subsidize court use because, in theory, there are certain “social positives” associated with public adjudication. To date the unspoken assumption has been that these social …

The Dispute Settlement Process Of The Wto: A Normative Structure To Achieve Utilitarian Objectives, Brian Manning, Srividhya Ragavan

Faculty Scholarship

The paper posits that the World Trade Organization (WTO) has failed to efficiently promote mutually advantageous global relationships. The authors contend that the structure and the functioning of the Dispute Settlement Body have contributed to the failure of the WTO. The DSB’s approach to interpreting the WTO agreements has been normative, as opposed to a realistic. Consequently, decisions from the DSB have resulted in strict interpretation of WTO agreements without appropriately balancing member’s national realities. Thus, the overall goals of the organization have been compromised to reinforce existing global power structures rather than promote cooperative governance.

The authors examine two …

Can Bilateral Free Trade Agreements Be A Catalyst For Widespread Economic Change: Analyzing The Successes And Failures Of The Us-Omani Fta, Demic Eugene Tipitino

Independent Study Project (ISP) Collection

Diversification, a buzzword in the Middle East for much of the past two decades can only be likened to the phrase “dependence on foreign oil” used by American politicians during US elections. And indeed much like the latter has been mentioned by every president since Richard Nixon, it seems as if diversification is being sung in a round by kings presidents and sultans throughout the oil producing nations of the world, but still to no avail. Oman has been trumpeting diversification in five-year plan after five-year plan of which they are currently in their seventh (2006 - 2010) with an …

Between The Lines Of Hegemony And Subordination: The Mombasa Kadhi’S Court In Contemporary Kenya, Bailey Funderburk

Independent Study Project (ISP) Collection

In the middle of a scalding hot October afternoon, I found myself waiting at the Mombasa Kadhi’s Court for the fifth time. Frustrated with my prior failure to meet the Kadhi and gain his permission to research at the court, I waited alongside a cross section of the Muslim community of Mombasa all attempting to meet with the Kadhi. Despite frustrations with the red tape surrounding the Kadhi’s court, acting as a barrier between me and all of the information I believed to be pertinent to my research, I realized that my research had already begun. A number of aggravated …

Terrorism Law Report, 2010 Fall, St. Mary's University School Of Law Center For Terrorism Law

Quarterly News

No abstract provided.

The Doctrine Of Foreign Equivalents At Death's Door, Serge Krimnus

North Carolina Journal of Law & Technology

No abstract provided.

Is This Mine Or Yours - The Effect Of The Rulings In Vernor V. Autodesk And The Library Of Congress On The Determination Of Who Owns Software Copies, Cody Gillians

North Carolina Journal of Law & Technology

No abstract provided.

Back To The Basics: Why Traditional Principles Of Personal Jurisdiction Are Effective Today And Why Zippo Needs To Go, Pavan Mehrotra

North Carolina Journal of Law & Technology

No abstract provided.

The United States Cyber Command: International Restrictions Vs. Manifest Destiny, Tod Leaven, Christopher Dodge

North Carolina Journal of Law & Technology

No abstract provided.

Climbing In Our Windows & Snatching Our Likenesses Up: Viral Videos & The Scope Of The Right Of Publicity On The Internet, Lorelle A. Babwah

North Carolina Journal of Law & Technology

No abstract provided.

Proving Patent Damages Is Getting Harder, But Establishing Patent Invalidity May Be Getting Easier - How I4i, L.P. V. Microsoft Corp. May Change The Landscape Of Patent Litigation, Audra Dial, Betsy Neal

North Carolina Journal of Law & Technology

No abstract provided.

Marginal Refuge: The Ramifications Of Terrorism For An Unsustainable United States Asylum Policy, Michael D. Yanovsky Sukenik

University of Miami Law Review

No abstract provided.

Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin

American University Law Review

This Article addresses the following question: when should contract law permit parties to discontinue performance under a private security contract aimed to combat piracy? Piracy has been 'on the rise' off Somalia and in East Asia, with serious attacks escalating. Some shipping companies have responded by drafting 'best management practices', hiring security companies to advise on countering the threat and hiring armed or unarmed security protection. After presenting representative factual situations involving pirate attacks, the Article describes the traditional approach to defining the obligations of parties and the performance issues that arise during contractual performance. This approach takes into account …

Abuse Of The Warranted But Precluded Designation: A Real Or Imagined Purgatory, K. Mollie Smith

Southeastern Environmental Law Journal

No abstract provided.

Smart Growth: The Toolbox For Addressing Sprawling Development In Coastal South Carolina, Stephanie Ramia

Southeastern Environmental Law Journal

No abstract provided.

Table Of Contents

South Carolina Law Review

No abstract provided.

A Tale Of Prosecutorial Indiscretion: Ramsey Clark And The Selective Non-Prosecution Of Stokley Carmichael, Lonnie T. Brown Jr.

South Carolina Law Review

No abstract provided.

Reaching Equilibrium In Tobaccoo Litigation, James Henderson Jr., Aaron D. Twerski

South Carolina Law Review

No abstract provided.

Preaching What They Don't Practice: Why Law Faculties' Preoccupation With Impractical Scholarship And Devaluation Of Practical Competencies Obstruct Reform In The Legal Academy, Brent E. Newton

South Carolina Law Review

No abstract provided.

The First Amendment Degraded: Milkovich V. Lorain And A Continuing Sense Of Loss On Its 20th Birthday, Richard H. Weisberg

South Carolina Law Review

No abstract provided.

F10rs Sgb No. 8 (Budget), Terracciano

Student Senate Enrolled Legislation

A Bill

to budget the funds of the Student Government of Louisiana State University and Agricultural and Mechanical College for the fiscal year 2010-2011; to appropriate funds for activities, projects, and programs of the Student Government; and to appropriate grants to certain student groups and organizations according to the Constitution and Bylaws of the Student Government.

F10rs Sgfb No. 3 (Service Learning), Jones

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate a maximum OF SIXTEEN thousand dollars ($16,000) from the Senate surplus account to fund the establishment of eight (8) new service-learning courses.

F10rs Sgb No. 10 (Election Code 3), Caffarel, Bonvillain

Student Senate Enrolled Legislation

A BILL

To amend the Student Government Election Code.

F10rs Sgfb No. 1 (Barthel), Hansen, Widenski, Phelan, Apodaca, Hebert, Xuan Luo

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate two hundred and fifty dollars ($250.00) from the senate contingency account to Robyn Barthel for attendance to the 2010 National College Learning Center Associations Conference in Charlotte, NC on September 30^th

F10rs Sgb No. 9 (Election Code 2), Caffarel, Bonvillain

Student Senate Enrolled Legislation

A BILL

To amend the Student Government Election Code.

Sgfb No. 2 (Phelan And Hebert), Hansen, Hebert, Apodoca, Trout

Student Senate Enrolled Legislation

A BILL

To allocate one thousand twenty-nine dollars ($1,029.00) from the senate contingency account to Ben Phelan and Neal Hebert for attendance to the American Society of Theatre Researchers conference in Seattle, WA on November 18^th-21^ST.

F10rs Sgr No. 1 (Community Colleges), Jones, Jones, Lemoine, Arcana, Wells

Student Senate Enrolled Legislation

A RESOLUTION

To support the community colleges of louisiana

F10rs Sgr No. 3 (Nutritional Statistics), Sullivan, Caffarel

Student Senate Enrolled Legislation

A RESOLUTION

to urge and request that nutritional information regarding food served at the 5 and 459 Commons be made available to the campus community.

F10rs Sgr No. 2 (Drop Date), Jones, Westbrook

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request the Louisiana State University Faculty Senate to endorse the proposed Withdrawal Date Policy revisions

F10rs Sgr No. 4 (Regalia), Jones, Westbrook, Baudoin, Alexander

Student Senate Enrolled Legislation

A RESOLUTION

TO URGE AND REQUEST ACADEMIC AFFAIRS AND FACULTY SENATE TO RECOGNIZE AND ALLOW ALL CAMPUS LIFE APPROVED STUDENT

ORGANIZATIONS AND UNIVERSITY DEPARTMENTAL HONORS TO WEAR ALL DESIGNATED COMMENCEMENT REGALIA.