Law Commons^™

Legal Beagle Blog (October 2012), Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

The Relational Contingency Of Rights, Alex Stein, Gideon Parchomovsky

Faculty Scholarship

No abstract provided.

Developing A Teacher Training Program For New Clinical Teachers, Wallace J. Mlyniec

Georgetown Law Faculty Publications and Other Works

Where to Begin? Training New Teachers in the Art of Clinical Pedagogy, an article published in the Spring, 2012, issue of the Clinical Law Review, gave a full description of Georgetown’s course in clinical pedagogy. That article set forth some of the critical questions new teachers must ask and answer by describing the goals, content, and execution of the course.

This article describes hows, whens, and whys of the program, focusing on how our faculty, over a period of many years, created and revised the curriculum for the Pedagogy course. It also describes the choices we made as we …

Statutory Genres: Substance, Procedure, Jurisdiction, Karen Petroski

All Faculty Scholarship

To decide many cases, courts need to characterize some of the legal rules involved, placing each one in a specific doctrinal category to identify the rule’s effect on the litigation. The consequences of characterization decisions can be profound, but the grounds for making and justifying them are often left unstated. This Article offers the first systematic comparison of two important types of legal characterization: the distinction between substantive and procedural rules or statutes, a distinction federal courts make in several contexts; and the distinction between jurisdictional and nonjurisdictional rules, especially those relating to litigation filing requirements. The Article explains the …

The Unfortunate Triumph Of Form Over Substance In Canadian Administrative Law, Paul Daly

Osgoode Hall Law Journal

The standard of review analysis for judicial review of administrative action developed by the Supreme Court of Canada before Dunsmuir v New Brunswick had two important features. First, it provided a bulwark against interventionist judges, thereby protecting the autonomy of administrative decision makers and promoting deference. Second, it was substantive, rather than formal, and moved the focus of judicial review away from abstract concepts and towards the eccentricities of statutory schemes. However, in its more recent forays into the general principles of judicial review, the Court has threatened to reverse its deferential and substantive course by following a formalistic, categorical …

Evaluating Federally Appointed Judges In Canada: Analyzing The Controversy, Troy Riddell, Lori Hausegger, Matthew Hennigar

Osgoode Hall Law Journal

This commentary describes our experiences in trying to undertake a judicial performance evaluation of federally appointed judges in Canada. Some respondents were enthusiastic about the project, but others were strongly opposed to it and worried about the effects that our survey would have on judicial independence. After describing the feedback that we received and the fallout from our project, we examine the relationship between judicial performance evaluation and judicial independence. We argue that a well-conceived judicial performance evaluation does not violate judicial independence. We then explore the resistance to judicial performance evaluation in Canada, using a comparative lens. The explanation …

A New Lens: Reframing The Conversation About The Use Of Video Conferencing In Civil Trials In Ontario, Amy Salyzyn

Osgoode Hall Law Journal

The state of courtroom technology in Ontario is increasingly capturing the attention of both the public and the legal profession. This article seeks to contribute to the conversation on this issue by focusing on one particular technology in Ontario’s courtrooms: the use of video conferencing to receive witness testimony in civil trials. The central claim is that the approach to video conferencing that dominates the policy discourse reflects an overly narrow, instrumentalist view of technology that fails to adequately take account of possible broader political and social implications as well as this technology’s transformative potential. This argument is developed by …

Legal Tolerance Toward The Business Lie And The Puffery Defense: The Questionable Assumptions Of Contract Law, M. Neil Browne, Kathleen M.S. Hale, Maureen Cosgrove

Economics Faculty Publications

American contract law is supposed to facilitate the efficiency and fairness of market transactions between parties. Does the increasing success of the puffery defense in false advertising and securities cases further the fairness of transactions between companies with major advertising budgets and consumers? This Article contends that it does not.

Class Of 2015 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2015

Targeting Demand: A New Approach To Curbing Human Trafficking In The United States, Morgan Brown

Law Student Publications

Part I of this paper will provide a general framework for understanding human trafficking in the United States by laying out basic statistics relevant to human trafficking, describing the basic economic model under which the business of human trafficking should be understood, and discussing the major legislative approaches the United States has taken to curtail the increase in human trafficking in the country in the past ten years. Part II will then analyze the shortcomings of this approach and the successes of unique efforts to combat trafficking in Sweden. Part III recommends an approach the United States should take moving …

Uwlaw, Fall 2012, Vol. 66

Alumni Magazines

No abstract provided.

Implicit In The Concept Of Erroneous Liberty: The Need To Ensure Proper Sentence Credit In The Fourth Circuit, Andrew T. Winkler

North Carolina Central Law Review

No abstract provided.

The Opportunities Of Multiple Sovereign Crises; The European Market Phoenix, Luca C. M. Melchionna

North Carolina Central Law Review

No abstract provided.

Defining Reasonable: The Implications Of State V. Mbacke On Fourth Amendment Protections, David B. Mckaig

North Carolina Central Law Review

No abstract provided.

Foreign Direct Investment Catalysts In West Africa: Interactions With Local Content Laws And Industry-Community Agreements, Ibironke T. Odumosu-Ayanu

North Carolina Central Law Review

No abstract provided.

The Chixoy Dam: A Time For Justice, Lauren Carasik

Media Presence

No abstract provided.

Table Of Contents, Volume 10, Number 2, 2012, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Ten, Issue Number Two.

Compelling Orthodoxy: Myth And Mystique In The Marketing Of Legal Education, Kenneth Lasson

The University of New Hampshire Law Review

[Excerpt] “In many ways, the story of modern legal education reads like a grim fairy tale, whose moral dénouement is no less compelling, and perhaps more consequential, than its fabulist forbearers. In this regard the marketing of legal education may aptly be illustrated by fable, such as that of The Trees and the Bramble Bush, which concerns the folly of electing a king. When some beautiful trees decide to look for a leader, they offer the throne to the olive, the fig and the vine; each in turn refuses, preferring to keep to its own fruitful role. The bramble steps …

Resource Access Costs, Lee Anne Fennell

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Voice Versus Exit In Health Care Policy, M. Todd Henderson

Coase-Sandor Institute for Law & Economics Research Paper Series

This essay uses the recent controversy over President Obama's mandate that insurance companies provide generous birth control coverage to explore larger issues about the optimal locus of health care decision making. Mandates may be justified in some instances, but they sacrifice choice and local variation and perhaps lead to worse social outcomes. The key question for policy makers is whether market processes or rule by expert is more likely to strike the right balance of choice and mandate. Keywords: law and economics, federalism, health care policy, birth control.

Angry Judges, Terry A. Maroney

Vanderbilt Law Review

Judges get angry. Law, however, is of two minds as to whether they should; more importantly, it is of two minds as to whether judges' anger should influence their behavior and decisionmaking. On the one hand, anger is the quintessentially judicial emotion. It involves appraisal of wrongdoing, attribution of blame, and assignment of punishment-precisely what we ask of judges. On the other, anger is associated with aggression, impulsivity, and irrationality. Aristotle, through his concept of virtue, proposed reconciling this conflict by asking whether a person is angry at the right people, for the right reasons, and in the right way. …

Warning: May Cause Warming, Marcy N. Moody

Vanderbilt Law Review

Browsing the aisles of her local grocery store, a shopper may come across a dusty unmarked bin with carrots in it. She may see a shelf of brightly colored cereal boxes touting their contents' health benefits. Elsewhere in the store may be an iced container of sustainable shrimp from Thailand with a circled blue checkmark next to it. Perhaps there are local leeks, organic okra, or eggs from free- ranging chickens. The shopper may select the cereal on the basis of its health claims, the shrimp on the basis of its environmental friendliness, or maybe just the carrot because she …

A Regulatory Design For Monetary Stability, Morgan Ricks

Vanderbilt Law Review

This Article proposes a unified regulatory approach to the issuance of "money-claims"--a generic term that refers to fixed-principal, very short-term IOUs, excluding trade credit. The instability of this market is arguably the central problem for financial regulatory policy. Yet our existing regulatory system lacks a coherent approach to this market. The Article proposes a public-private partnership ("PPP") regime, under which only licensed entities would be permitted to issue money - claims (subject to de minimis exceptions). Licensed money- claim issuers would be required to abide by portfolio restrictions and capital requirements. In addition, the government would explicitly insure licensed issuers' …

Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Barnett Lidsky

UF Law Faculty Publications

Like most of us, public colleges and universities increasingly are communicating via Facebook, Second Life, YouTube, Twitter and other social media. Unlike most of us, public colleges and universities are government actors, and their social media communications present complex administrative and First Amendment challenges. The authors of this article — one the dean of a major public university law school responsible for directing its social media strategies, the other a scholar of social media and the First Amendment — have combined their expertise to help public university officials address these challenges. To that end, this article first examines current and …

A Necessary Effort: The Construction Of A Binational Immigration Policy For Nicaraguan Immigrants In Costa Rica, Irma Castañeda

Independent Study Project (ISP) Collection

Although the experiences of Nicaraguan immigrants to Costa Rica have been well-studied, the investigation of this topic through the lens of the construction of public policies is missing. Through the testimonies of Nicaraguans that emigrated or still live and work in Costa Rica, I learned that immigrants, especially those that are undocumented, are vulnerable to the violation of their rights, for example, through the lack of access to public services or mistreatment by their bosses. Because of these violations, it is necessary to examine the topic of the immigration policies of both countries because they influence the treatment and integration …

Stare Decisis And The Rule Of Law: A Layered Approach, Jeremy Waldron

Michigan Law Review

Stare decisis remains a controversial feature of the legal systems that recognize it. Some jurists argue that the doctrine is at odds with the rule of law; others argue that there are good rule-of-law arguments in favor of stare decisis. This Article considers one possible good rule-of-law argument. It suggests that we should approach stare decisis in a layered way, looking at what the rule of law requires of the various judges involved in the development of a precedent. One rule-of-law principle, the principle of constancy, counsels against lightly overturning such precedents as there are. But that is not in …

Limits Of The Federal Wiretap Act's Ability To Protect Against Wi-Fi Sniffing, Mani Potnuru

Michigan Law Review

Adoption of Wi-Fi wireless technology continues to see explosive growth. However many users still operate their home Wi-Fi networks in unsecured mode or use publicly available unsecured Wi-Fi networks, thus exposing their communications to the dangers of "packet sniffing," a technique used for eavesdropping on a network. Some have argued that communications over unsecured Wi-Fi networks are "readily accessible to the general public" and that such communications are therefore excluded from the broad protections of the Federal Wiretap Act against intentional interception of electronic communications. This Note examines the Federal Wiretap Act and argues that the current Act's treatment of …

The Law Of Ponzi Payouts, Spencer A. Winters

Michigan Law Review

When a Ponzi scheme collapses, there will typically be net winners and net losers. The bankruptcy trustee will often seek to force the net winners - those who received more money back from the Ponzi scheme than they invested - to disgorge their profits. Courts diverge on whether they should compel disgorgement in this instance. This Note argues that under prevailing fraudulent transfer law, net winners in a Ponzi scheme need not disgorge their profits. This is because the investor's dollar-for-dollar discharge of a preexisting debt constitutes the transfer of value in exchange for the payout. There are two exceptions …

Table Of Contents

South Carolina Law Review

No abstract provided.

The Original Meaning Of Civility: Democratic Deliberation At The Philadelphia Constitutional Convention, Derek A. Webb

South Carolina Law Review

No abstract provided.