Law Commons^™

Ilsa Journal Of International And Comparative Law-Volume 18-2011-2012, Christopher Brown, Alana J. Faintuch, Rayna Karadbil, Alicia Zweig, Rafaela Vianna, Jany Martinez, Jennifer Lemberger, Cristina Cossio, Nathaniel G. Dutt, Michel Morgan, Martavis Clarke, Nicholas Leroy, Staci Burton

ILSA Journal Mastheads

No abstract provided.

Law On The Books Vs. Law In Action: Under-Enforcement Of Morocco's Reformed 2004 Family Law, The Moudawana, Ann Marie Eisenberg

Cornell Law Library Prize for Exemplary Student Research Papers

This Note focuses on women’s family law rights in Morocco, a country located in northwestern Africa, and often regarded as the western boundary of the Muslim-Arab world. Significantly, despite Morocco’s shared roots with nations such as Saudi Arabia in culture, religion, and language, the Moroccan government has interpreted similar traditions to yield a starkly different stance: gender equality is desirable. Morocco’s new Moudawana, the 2004 legislation on family law with provisions largely derived from Islamic sources, confers unprecedented rights on Moroccan women.

Part I of this Note evaluates the Moudawana in light of its break with traditional Shari’a, alongside its …

Newsletter Fall & Winter 2011

Newsletter

No abstract provided.

Environmental Law At Maryland, No. 32, Fall 2011

Environmental Law at Maryland

No abstract provided.

Volume 35, Issue 2 (Fall 2011)

Transcript

No abstract provided.

Injecting Law Student Drama Into The Classroom: Transforming An E-Discovery Class (Or Any Law School Class) With A Complex, Student-Generated Simulation, Paula Schaefer

Scholarly Works

Gem Finch, Boone Radley, and Pickle Harris are just three of the characters who play a dramatic – and key – role in my e-discovery focused pre-trial litigation class. I did not originally invite them into the class for the drama. I was interested in their email. In 2009, I was planning a pre-trial litigation class that would include e-discovery issues. But I could not find a pre-packaged case that included ESI – the electronically stored information that is the mainstay of e-discovery practice. The case materials included in most pre-trial litigation books involved car accidents and simple contract disputes. …

Behavioral Antitrust, Maurice Stucke, Amanda P. Reeves

Scholarly Works

Competition policy is entering a new age. Interest in competition laws has increased world-wide, and the United States no longer holds a monopoly on antitrust policy. In the aftermath of the financial crisis, the question for competition authorities is whether and to what extent does bounded rationality, self-interest and willpower matter. This article explores how the behavioral economics literature will advance competition policy. With increasing interest in the United States and abroad in the implications of behavioral economics for competition policy, this Article first provides an overview of behavioral economics. It next discusses how the assumption of rational, self-interested profit …

Irish Law 2011: An Insider's Guide To Notre Dame Law School, 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 …

Guide To Non-Traditional Research Resources In Conflict Resolution, Civil Discourse, And Public Deliberation And Dialogue, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Nevada Legal Research Guides / Reference Desk Guides

No abstract provided.

Share Transfer Restrictions In Close Corporations As Mechanisms For Intelligible Corporate Outcomes, Stephen J. Leacock

Faculty Scholarship

No abstract provided.

The Cross Examiner, Seton Hall University School Of Law

Newspapers

No abstract provided.

Vol. 28, No. 4, James J. Powers

The Illinois Public Employee Relations Report

Contents:

A New Look At "Supervisors": Is Illinois Following the National Trend?, by James J. Powers

Recent Developments

Announcement

Transactional Lawyers And Inadvertent Disclosure, Paula Schaefer

Scholarly Works

The problems associated with inadvertent disclosure are often thought to be unique to litigators. The American Bar Association and most states seem to subscribe to that view. Model Rule of Professional Conduct 4.4(b) and equivalent rules in a majority of states provide that if a confidential document is inadvertently disclosed, the receiving lawyer is only obligated to notify the lawyer who made the mistake. Whether the receiving lawyer must return the document or take other steps, the Rule’s comment provides, “is a matter of law beyond the scope of these Rules.” In other words, if the disclosing lawyer wants the …

Improving The Population’S Health: The Affordable Care Act And The Importance Of Integration, Lorian E. Hardcastle, Katherine L. Record, Peter D. Jacobson, Lawrence O. Gostin

O'Neill Institute Papers

Heath care and public health are typically conceptualized as separate, albeit overlapping, systems. Health care’s goal is the improvement of individual patient outcomes through the provision of medical services. In contrast, public health is devoted to improving health outcomes in the population as a whole through health promotion and disease prevention. Health care services receive the bulk of funding and political support, while public health is chronically starved of resources. In order to reduce morbidity and mortality, policymakers must shift their attention to public health services and to the improved integration of health care and public health. In other words, …

October 1, 2011: The Problem Of Nonpreferentialism, Bruce Ledewitz

Hallowed Secularism

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

Florida State Law Alumni Magazine (Fall 2011), Florida State University College Of Law Office Of Development And Alumni Affairs

Alumni Newsletter & FSU Law Magazine

No abstract provided.

One Mississippi Library’S Experience In Opening Up The State Judiciary To Greater Access By The Library Patron, Stephen Parks

The Southeastern Librarian

Legal materials such as case reporters and case digests can be quite expensive and burdensome for libraries to acquire, due to little use for such materials. Online legal sources such as Westlaw and LexisNexis are rarely an option for these libraries because of their tremendous costs. However, most libraries face legal-related questions from patrons, and librarians lack easily accessible materials to provide the patron an answer.

The staff at Mississippi College School of Law Library decided to do something about this problem by creating a program to provide complete access to the appellate courts of the state of Mississippi freely …

Communication And The Pragmatic Condition, Gregory J. Shepherd

Center for the Study of Ethics in Society Papers

Presented March 9, 2011

2011 Survey Of Juvenile Law, Michael J. Dale

Faculty Scholarship

Atypically, the Supreme Court of Florida was not active during the past year, deciding no cases in the juvenile law field. On the other hand, the intermediate appellate courts were active both in the delinquency area and in the dependency field. As in the past, decisions in the delinquency area involving generic issues of criminal procedure not unique to juvenile delinquency are not covered in this article.

Health Law Outlook - Volume 5, Issue 1 (Fall 2011)

Health Law Outlook (archive)

Inside this issue:

• Donor Leaves Acts: Protecting Employees Who Choose to Give the Gift of Life, Lauren Glozzy
• Overcrowded U.S. Prisons and Mentally Ill Offenders: Moving to a Model of Rehabilitation, Jessical Huening
• A Prescription for Change: Holding Brand Manufacturers Liable for Deficient Warnings on Generic Drugs, Jonathan Keller
• Penalties for Federal Health Privacy Violations: Are They Sufficiently Enforced?, Anthony W. Liberatore
• Punishment, Prevention, Protection and the Challenge of Diagnosing Mental Disorders, Ben Smith
• Medical Legal Partnerships, Sarah Turk

The Bonds That Tie: The Politics Of Motherhood And The Future Of Abortion Rights, Mary Ziegler

Scholarly Publications

What is the relationship between women’s still predominant share of caretaking work and the constitutional recognition of a right to choose abortion? Caretaking-based rationales for abortion rights have become increasingly prominent in the Supreme Court's abortion jurisprudence, as well as in abortion-rights litigation. These justifications propose that women tend overwhelmingly to raise their own children. Consequently, as the argument goes, the decision to give birth creates a lifetime commitment for most women, and in some cases, may cost women valuable career or educational opportunities.

When care taking-based rationales first appeared in the early 1970s in debate about rights to both …

Amicus (Fall 2011), University Of Colorado Law School

Amicus

This issue reflects on the career and lasting contributions of our former dean, David Getches.

Why Law?, James Donovan

Law Faculty Popular Media

According to the 2011 Statistical Abstract, legal services in 2007 reported gross receipts of 267 billion dollars. Students view it as a wise investment to incur debts on average of $100K to go to law school for the chance to assume roles in the legal system.

If we assume people to be minimally rational, such investments are reasonable only if we believe law serves a valuable purpose, one that merits our money and, for many, our lives. Efforts to describe the details of that importance, however, can be exasperatingly vague.

The Law School Firm, Bradley T. Borden, Robert J. Rhee

Faculty Scholarship

No abstract provided.

The Globalization Of Corporate Law: The End Of History Or A Never-Ending Story?, Franklin A. Gevurtz

Washington Law Review

Considerable scholarship during the last few decades addresses the question of whether corporate laws are becoming global by converging on commonly accepted approaches. Some scholars have asserted that such convergence is occurring around the most efficient laws and institutions, thereby marking the “End of History” for corporate law. This Article responds to such assertions by developing three claims not previously given due attention in the convergence literature. First, it demonstrates that the history of corporations and corporate law has been one of seemingly constant movement toward global convergence, yet the resulting convergence is always incomplete or transitory. Next, it points …

2011-2012 Fordham Law School Faculty Bibliography, Fordham Law School Library

Faculty Bibliography

No abstract provided.

Developing The Marcellus Shale: Legal, Regulatory, And Infrastructure Challenges And Their Effect On Downstream Energy Markets, Aaron Stemplewicz

Buffalo Environmental Law Journal

The Marcellus Shale natural gas play is largely considered a "game changer" for the US. energy sector as recent technological breakthroughs in drilling techniques and technologies have made natural gas extraction from this massive play commercially viable. This note not only examines the primary driving forces behind the development of this pla, but also how the extent and pace iwith ihich it is developed will affect doinstream energy markets. In particular three categories of factors are evaluated: legal challenges, regulatory controls, and infrastructure development. Tiwo models of growth and their effect on downstream markets are then proposed and analyzed.

The Rise Of Hydraulic Fracturing: A Behavioral Analysis Of Landowner Decision-Making, Jared B. Fish

Buffalo Environmental Law Journal

High volume "slickivater" horizontal hydraulic fracturing ("hydrofracking" or 'fracking") is an innovative technology nov widely used to extract natural gas from shale rock. Proponents hail fracking as a way to promote energy independence, bring jobs to economically distressed communities, and mitigate climate change by switching from oil and coal to natural gas. Yet the process has come under increased public scrutiny in recent years as thousands qf reports surfaced linking hydrofracking to groundwater contamination, air pollution, and various maladies. Despite an explosion qf media reports on the potential risks associated with fracking, landowners continue to lease their mineral rights to …

The Freewheelin' Judiciary: A Bob Dylan Anthology, Alex B. Long

Scholarly Works

This paper, presented as part of a symposium on Bob Dylan and the Law at the Fordham University School of Law, explores the ways in which judges have used the lyrics of Bob Dylan in their opinions.

Crony Capitalism And Antitrust, Maurice Stucke

Scholarly Works

In August 2011, the United States brought a landmark antitrust lawsuit to prevent the merger of two of the nation’s four largest mobile wireless telecommunications services providers, AT&T Inc. and T‑Mobile USA, Inc. But why are so many elected officials asking the Obama administration to intercede in the Department of Justice’s lawsuit to force a settlement? Why are they approving a merger that would likely lead to higher prices, fewer jobs, less innovation, and higher taxes for their constituents? Does it have anything to do with the money they are receiving from AT&T and T-Mobile?

This Essay examines the recent …