Law Commons^™

F14rs Sgr No. 6 (Dean Wilder), Hunt

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 5 (Dean Haynie), Davis

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 7 (Dean Queen), Abad

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 8 (Dean Baines), Richard

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 9 (Fee Bill Charges), Zerkus, Smoak

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 11 (Shc Dr. Excuses), Latham, Drake Boudreaux, Dean

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 13 (Lighted Crosswalks), Madden

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 14 (Cow Lot), Holley

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 10 (Sherwood Middle), Andrew Mahtook

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 19 (It's On Us), Helen Frink, Hauth, Larousse, Murphy

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 17 (Grad Orf), Zerkus, Abad, Hauth, Landry, Rempert-Kraeuter, Tyler Loga

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 18 (Lgbt - Huffington Post), Muehleman, Wesley Gore

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 20 (Pledge Of Honor), Gabrielle Triche, Andrew Mullet

Student Senate Enrolled Legislation

No abstract provided.

It’S Not Too Difficult: A Plea To Resurrect The Impossibility Defense, Ken Levy

All Scholarship

No abstract provided.

No.30 - October 2014, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

The Lost Generation: Environmental Regulatory Reform In The Era Of Congressional Abdication, David W. Case

Duke Environmental Law & Policy Forum

Congress constructed the entirety of the modern federal environmental regulatory system between 1970 and 1990. However, due to ever increasing political polarization and gridlock, Congress has abdicated its responsibility as the primary national environmental policymaker over the past 25 years. Since 1990, no major environmental legislation has been enacted, leading to a growing sense that the federal system has become stagnated and obsolescent. Since the mid-1990s, concerns over the effectiveness, inefficiencies, and under-inclusiveness of the federal system have led to a robust reform movement seeking to build the "next generation" of environmental regulation. Because of Congress's inability to enact environmental …

Maine Law Magazine - Issue No. 90, University Of Maine School Of Law

Maine Law Magazine

FEATURES

• Justice for Women
  Sima Samar on the situation in Afghanistan
• Clinical practice
  A life-changing event helping a young immigrant
• Tackling bankruptcy
  Professor Lois R. Lupica’s groundbreaking research
• D.C. connection
  Maine Law’s deep Washington roots
• Parents in Law
  Students balance studies and children
• Student spotlight
  Why Maine Law? Two students tell their stories

The Law Is Made Of Stories: Erasing The False Dichotomy Between Stories And Legal Rules, Stephen Paskey

Journal Articles

When lawyers think of legal analysis, they think chiefly of logic and reason. Stories are secondary. As Michael Smith explains, our legal system “is not founded on narrative reasoning” but on “a commitment to the rule of law.” The article suggests that this dichotomy between “rule-based reasoning” and “narrative reasoning” is false, and that narrative and stories are central to legal reasoning, including rule-based reasoning. In doing so, the article uses literary narrative theory to show that every governing legal rule has the structure of a “stock story”: the elements of the rule correspond to elements of a story. It …

Consignment Catastrophes: Lessons From New York's Art Gallery Fraud, Megan Haslach

Washington Journal of Law, Technology & Arts

The 2007 collapse of Salander O’Reilly Gallery in New York City caught the attention of New York’s state lawmakers after artists and their heirs lost nearly $120 million in gallery owner Lawrence Salander’s schemes. This scandal ultimately led lawmakers to enact major changes in the state’s art consignment statute. The changes bolstered existing protections while adding additional safeguards for artists who choose to consign their works through galleries rather than selling them wholesale. This Article will examine the relationship between consignors and consignees, highlighting major vulnerabilities that current consignment statutes create for artist consignors. In Section I, this Article will …

Getting Beyond Abstract Confusion: How The United Kingdom's Jurisprudence Can Aid In Developing An Analytic Framework For Patent-Eligibility In Light Of Alice V. Cls Bank, Brendon Beheshti

Washington Journal of Law, Technology & Arts

This Article advocates consideration of the United Kingdom’s jurisprudence as persuasive authority for implementation of a new framework for analysis of subject matter eligibility of computer-implemented inventions in light of the United States Supreme Court’s ruling in Alice Corp. v. CLS Bank International. The U.K.’s patent jurisprudence provides a more developed and clear analytic framework that conforms to the policy objectives of Alice, while also avoiding the conceptual problem of determining what is “abstract.” The result is a more useful and concrete analytic framework that also reduces conflicts of laws, and thus can help spur innovation across the …

Clark Memorandum: Fall 2014, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• In Praise of Thinking Like a Lawyer (James R. Rasband)
• Choices (Guido Calabresi)
• Be Not Afraid of Greatness (Allison Belnap)
• Marriage, Family Law, and the Temple (Elder Bruce C. Hafen)
• Lamentation (Arta Romney Ballif)

Proportionality 2.0: Evaluating Military Force In A Modern International Humanitarian Legal Framework, Deborah Beth Medows

University of Miami International and Comparative Law Review

No abstract provided.

Deepwater Transboundary Hydrocarbons: Considerations For Exploitation At The Edge Of Continental Margins Under The United Nations Convention On Thelaw Of The Sea (1982) Between Coastal States And The International Seabed Authority, Erik A. Neff

University of Miami International and Comparative Law Review

No abstract provided.

Conchservation In The Caribbean: A Call For Stricter Fishing Regulations Of The Queen Conch, Brett Rogers

University of Miami International and Comparative Law Review

No abstract provided.

The Cost Of Nothing Trumps The Value Of Everything: The Failure Of Regulatory Economics To Keep Pace With Improvements In Quantitative Risk Analysis, Adam M. Finkel

Michigan Journal of Environmental & Administrative Law

The entire U.S. federal regulatory apparatus, especially that part devoted to reducing (or deciding not to reduce) risks to the environment, health, and safety (EHS), relies increasingly on judgments of whether each regulation would yield benefits in excess of its costs. These judgments depend in turn upon empirical analysis of the potential increases in longevity, quality of life, and environmental quality that the regulation can confer, and also of the economic resources needed to “purchase” those benefits—analyses whose quality can range from extremely fine to disappointingly poor. The quality of a risk analysis (from which the benefits of control are …

Rehabilitate Or Incarcerate? A Comparative Analysis Of The United States' Sentencing Laws On Low-Level Drug Offenders And Portugal's Decriminalization Of Low-Level Drug Offenses, Caroline E. Sapp

Cardozo Journal of International and Comparative Law

America's criminal justice system is in need of targeted reform. Throughout this country, too many Americans are trapped- and too many communities are weakened - by a vicious cycle of poverty, criminality, and incarceration. Too many people go to too many prisons for far too long - and for no truly good law enforcement reason. The U.S. prison population has grown at an astonishing rate over the last three decades - by almost 800 percent since 1980, despite the fact that America's overall population has increased by only about a third. As we speak, more than 219,000 federal inmates are …

This Is Your Sword: How Damaging Are Prior Convictions To Plaintiffs In Civil Trials?, Kathryn Stanchi, Deirdre Bowen

Washington Law Review

The conventional wisdom in law is that a prior conviction is one of the most powerful and damaging pieces of evidence that can be offered against a witness or party. In legal lore, prior convictions seriously undercut the credibility of the witness and can derail the outcome of a trial. This Article suggests that may not always be true. This Article details the results of an empirical study of juror decision-making that challenges the conventional wisdom about prior convictions. In our study, the prior conviction evidence did not have a direct impact on the outcome of the civil trial or …

The Not So Speedy Trial Act, Shon Hopwood

Washington Law Review

The Speedy Trial Act (STA) of 1974 occupies a peculiar place in the criminal justice system. Very few pieces of legislation can lay claim to protecting both the rights of criminal defendants and the public’s significant interest in timely justice, while reducing the cost of judicial administration. The STA formerly accomplished these lofty aims by reducing pretrial delays. But for the past two decades legal scholars have ignored the STA, and both prosecutors and defense attorneys have subverted the STA’s goals by routinely moving for continuances. And although the Act categorically applies in every federal criminal case, it has been …

Reply To Steve On Al Bahlul, The “Law Of War,” And Article Iii, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Probability, Professionalism, And Protecting Taxpayers, Bradley T. Borden, Dennis J. Ventry

Faculty Scholarship

No abstract provided.