Law Commons^™

Mid-Atlantic Ethics Committee Newsletter, Spring 2008

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Girls In The Juvenile Justice System, Paula Schaefer

Scholarly Works

No abstract provided.

What Your Lender And Mortgage Broker Didn't Tell You: A Call For Disclosure Of Loss Of The Section 580b Anti-Deficiency Protection Upon Refinancing, George Kuney

Scholarly Works

California Code of Civil Procedure § 580b protects a California homeowner from a deficiency judgment when the homeowner’s purchase-money lender forecloses upon the home after default. In other words, if the price the lender realized at the foreclosure sale is less than the outstanding amount of the debt, the homeowner will not be liable for the deficiency. Section 580b was enacted to discourage the purchase money lenders from over-valuing real property by requiring a lender to look solely to the collateral’s value for recovery in the event of foreclosure, and to prevent the aggravation of an economic downturn caused by …

Judicial Campaign Oversight Committees' Complaint Handling In The 2006 Elections: Survey And Recommendations, Penny White

Scholarly Works

No abstract provided.

When Do Facts Persuade? Some Thoughts On The Market For “Empirical Legal Studies”, Elizabeth Chambliss

Law and Contemporary Problems

Chambliss talks about how Marc Galanter has devoted himself to combating the "jaundiced view" of the civil-justice system. Armed initially with great faith in the power of social science, Galanter and other socio-legal scholars of his generation, as well as many who have followed, have tried to combat misinformation in law and policy with the findings from systematic research--as if the facts would speak for themselves.

Charitable Deductions For Rail-Trail Conversions: Reconciling The Partial Interest Rule And The National Trails System Act, Scott Andrew Bowman, Danaya H. Rosenberg

William & Mary Environmental Law and Policy Review

This Article examines an undeveloped legal topic at the intersection of tax law and real property law: charitable deductions from income tax liability for donations of railroad corridors that are to be converted into recreational trails. The very popular rails-to-trails program assists in the conversion of abandoned railroad corridors into hiking and biking trails. However, the legal questions surrounding the property rights of these corridors have been complex and highly litigated. In 1983, Congress amended the National Trails System Act to provide a mechanism for facilitating these conversions, a process called railbanking. In essence, a railroad transfers its real property …

Practice Style And Successful Legal Mobilization, Anne Bloom

Law and Contemporary Problems

Bloom talks about the making of a great cause lawyer. Perhaps not surprisingly, dedication, strong political ties, and superb legal skills all play a role in the making of a great cause lawyer, but so does a somewhat less obvious quality, which Marc Galanter described several years ago as practice "style." However, in these case studies, it suggests that the making of a great cause lawyer depends, in part, on practice style. Put differently, how a lawyer approaches legal practice seems to matter for purposes of legal mobilization. In these cases, cause lawyers were more effective at using the law …

The Failure Of Bowles V. Russell, Scott Dodson

Faculty Publications

The Supreme Court recently decided Bowles v. Russell—perhaps that Term’s most underrated case—which characterized the time to file a civil notice of appeal as jurisdictional and therefore not subject to equitable excuses for noncompliance. In so holding, the Court overstated the supporting precedent, inflated the jurisdictional importance of statutes, and undermined an important recent movement to clarify when a rule is jurisdictional and when it is not. This did not have to be. The Court missed a golden opportunity to chart a middle course—holding the rule mandatory but nonjurisdictional—that would have been more consistent with precedent while resolving the …

Successor Liability In Illinois, George Kuney

Scholarly Works

No abstract provided.

Gimme Fiction: Rev. Rul. 99-6, Don Leatherman

Scholarly Works

No abstract provided.

Successor Liability In Michigan, George Kuney

Scholarly Works

No abstract provided.

Jurisdictions And Causes Of Action: Commercial Considerations In Dealing With Bullying, Stress And Harassment Cases-Part Ii, Niall Neligan

Articles

In the concluding part of this two part article, the author will
examine how the courts have developed rules for dealing with
tortious claims for psychiatric injuries arising out of bullying, stress
and harassment cases. The article will examine whether it is
desirable to consolidate and codify employment rights law in order
to provide clarity to prospective litigants. Finally, the author will
argue that if codification is required, then this will necessitate a
change in the nature of present jurisdictions for bringing claims
involving bullying, stress and harassment in the workplace.

February 14, 2008: New Thinking About Religion, Bruce Ledewitz

Hallowed Secularism

New Thinking about Religion

Heather Heckel On Child Soldiers: From Violence To Protection By Michael Wessells. Harvard University Press, Cambridge, Massachusetts, 2006. 284 Pp., Heather Heckel

Human Rights & Human Welfare

A review of:

Child Soldiers: From Violence to Protection by Michael Wessells. Harvard University Press, Cambridge, Massachusetts, 2006. 284 pp.

Fountain Run Missionary Baptist Church - Fountain Run, Kentucky (Sc 1456), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 1456. Monroe County Circuit Court case involving members of the Fountain Run Missionary Baptist Church. The injunction enjoined certain members (or ex-members) from threatening, etc., those in the majority.

Introductory Note: A Perspective On Pakistan's Chief Justice, Judicial Independence, And The Rule Of Law, Joel A. Mintz

ILSA Journal of International & Comparative Law

On May 10, 2008, at our law school's graduation ceremony, Nova Southeastern University conferred an honorary Doctor of Laws degree on the Chief Justice of the Supreme Court of Pakistan, Iftikhar Muhammad Chaudhary.

Conceptualizing Intimate Violence And Gender Equality: A Comparative Approach, Valorie K. Vojdik

Scholarly Works

No abstract provided.

Harry Potter And The (Re)Order Of The Artists: Are We Muggles Or Goblins?, Gary Pulsinelli

Scholarly Works

In "Harry Potter and the Deathly Hallows," author J.K. Rowling attributes to goblins a very interesting view of ownership rights in artistic works. According to Rowling, goblins believe that the maker of an artistic object maintain an ongoing ownership interest in that object even after it is sold, and is entitled to get it back when the purchaser dies. While this view may strike some as rather odd when it is applied to tangible property in the 'muggle' world, it actually has some very interesting parallels to the legal treatment of intangible property, particularly in the areas of intellectual property …

Study On Safety And Liability Issues Relating To Package Travel, Frank Alleweldt, Klaus Tonner, Marc Mcdonald

Articles

This study on safety and liability issues relating to package travel, package holidays and package tours highlights some of the gaps in the EU package travel law by answering a number of specific questions related to statistical evidence, Community legislation, and US legislation. It also suggests possible solutions to fill these gaps. The study was prepared by Civic Consulting and is based on a legal analysis, a literature review, an evaluation of statistical data, and on interviews with European and national travel and tour operator associations, individual tour operators, European and national associations of insurers, individual insurance companies, and European …

Educating Workers About Labor Rights And Global Wrongs Through Documentary Film, Fran Ansley

Scholarly Works

No abstract provided.

A Response To Professor Fitzpatrick: The Rest Of The Story, Penny White

Scholarly Works

In his essay Election as Appointment: The Tennessee Plan Reconsidered, Professor Brian T. Fitzpatrick contends that Tennessee's selection and retention method for appellate court judges is both unconstitutional and unmeritorious. This Essay responds to those claims. Part I will respond to Professor Fitzpatrick's claim that the Tennessee Plan is unconstitutional; Part II will respond to his claim that the Plan is not fulfilling the purposes which led the Tennessee legislature, in its wisdom, to adopt it.

Finding A Happy And Ethical Medium Between A Prosecutor Who Believes The Defendant Didn't Do It And The Boss That Says That He Did, Melanie Wilson

Scholarly Works

In June of 2008, The New York Times reported on a New York prosecutor’s conflict with his supervisors. The disagreement rested on the prosecutor’s belief that the District Attorney’s Office had wrongly convicted two men of a 1990 shooting. After thoroughly re-investigating the case, the prosecutor made a powerful pitch to his bosses that the men’s convictions “be dropped.” The supervisors disagreed and instructed the prosecutor to proceed with a hearing to oppose setting aside the convictions. The prosecutor complied with the directive but then “deliberately helped the other side win.”

This short thought piece proposes an ethical course of …

When Informal Adoption Meets Intestate Succession: The Cultural Myopia Of The Equitable Adoption Doctrine, Michael J. Higdon

Scholarly Works

In certain circumstances, the equitable adoption doctrine allows a person to inherit as the child of a testator even when the testator was neither that person's biological or adoptive parent. Although this doctrine, at first blush, might appear to be a move toward a more inclusive system of intestate succession, as many scholars have noted, the restrictive tests that the various courts have designed to determine who qualifies as an equitably adopted child have only served to greatly undermine the utility of the doctrine and, in numerous cases, have led to the denial of rather compelling claims.

While agreeing with …

Doing Policy From Below: Worker Solidarity And The Prospects For Immigration Reform, Fran Ansley

Scholarly Works

No abstract provided.

The Commissioner's New Clothes: The Myth Of Major League Baseball's Antitrust Exemption, Martina M. Tomlinson

St. Thomas Law Review

In this paper, I will argue that MLB's antitrust exemption has been widely misinterpreted as being much more broadly applicable than the Supreme Court's decision in Flood v. Kuhn actually mandates. Based on the language and the underlying reasoning in the case, Flood should in fact be narrowly interpreted as only exempting MLB's reserve system, not any and all actions undertaken by MLB pertaining to the business of baseball. As mentioned before, the reserve system is no longer in effect due to the collective action taken by players over the years, which has brought about its dismantling. However, even if …

"The Appeal" To The Masses, Penny White

Scholarly Works

No abstract provided.

Ditching The Disposal Plan: Revisiting Miranda In An Age Of Terror, Kim D. Chanbonpin

St. Thomas Law Review

This Essay will show that the creation of an exceptional ad hoc court for the purpose of trying suspected terrorists in the United States would be a misguided approach to solving the problem of the military commissions. It will also demonstrate that, in a society based on the rule of law, the justice which President Bush seeks for terrorists must include proper treatment in detention and fair trials. The regular criminal justice process in the federal courts has served and can continue to serve as an adequate, efficient, and fair method to bring terrorists to justice. Moreover, the exclusionary rule …

Manipulating Public Debate: Using The Patriot Act To Keep Out Foreign Scholars, Hasan Z. Mansori

St. Thomas Law Review

This paper will argue that the new exclusion provision violates the First Amendment right to receive information and ideas by "blacklisting" foreigners who express disfavored political views. The Bush Administration has routinely utilized its powers to stifle dissent and to manipulate the public debate over political issues. This signifies a reemergence of the system of ideological exclusion prevalent during the Cold War. By preventing foreign scholars, poets, artists, musicians, and others with unique talents and perspectives from entering our borders, the government restricts public access to such views and information in contravention of the First Amendment. First, this paper will …

Sampling: Musical Authorship Out Of Tune With The Purpose Of The Copyright Regime, Rahmiel D. Rothenberg

St. Thomas Law Review

While the present debate over the practice of sampling may seem to be just a minuscule footnote in the evolution of copyright law, the legal battle that sampling is presently engaged in illuminates many of the future, and ongoing, issues that copyright law faces. One of those major issues is whether copyright law embraces the true nature of creation and authorship. An individual's view on the nature of authorship essentially frames his or her opinion on the legitimacy of creative forms built upon appropriation, such as sampling. This article asserts that there are two legitimate forms of authorship: romantic and …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, and Table of Contents for St. Thomas Law Review Volume 20, Issue 3, Spring 2008.