Law Commons^™

Conference Summary: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, Steve Bailey

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

7 pages.

"Steve Bailey, National Center for Atmospheric Research"

Mid-Atlantic Ethics Committee Newsletter, Spring 2003

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Rescuing The Confrontation Clause, Penny White

Scholarly Works

No abstract provided.

Legal, Political, And Ethical Hurdles To Applying International Human Rights Law In The State Courts Of The United States (And Arguments For Scaling Them), Penny White

Scholarly Works

No abstract provided.

Why Rite Aid Is Wrong, Don Leatherman

Scholarly Works

No abstract provided.

A Response And Retort, Penny White

Scholarly Works

No abstract provided.

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

Faraway from the frightening attacks on the World Trade Center and the Pentagon, a wall next to a mosque in Northern England reads, "Avenge USA - kill a Muslim now.

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

The World Trade Organization (WTO) was formed in order to establish a set of international rules and norms for conducting trade among nations.

Corporate Advertising's Democracy, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Promise Of Democracy, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Mourning And Celebrating Gideon's Fortieth, Penny White

Scholarly Works

No abstract provided.

Reflections On The Killing State: A Cultural Study Of The Death Penalty In The Twentieth Century United States, Dwight Aarons

Scholarly Works

No abstract provided.

The Failure Of The Nation State And The New International Economic Order: Multiple Converging Crises Present Opportunity To Elaborate A New Jus Gentium, Eric A. Engle

St. Thomas Law Review

Both the New International Economic Order ("NIEO") and the New World Order (NWO) have failed to end poverty in the third world, most notably in Africa. The failure of these two theories, themselves responses to the failure of the Westphalian state system, and the material facts of globalisation present an opportunity to elaborate a new law of nations. Abandoning the Westphalian model is the best way forward, not only because of the technological revolution in the first world, but also for cultural reasons in Africa, where borders almost never correspond to nations.

The Battered Women Syndrome In Florida: Junk Science Or Admissible, Jay B. Rosman

St. Thomas Law Review

In this paper I will examine the admissibility of the battered woman syndrome in Florida as scientific evidence. At the outset I recognize many differing audiences title the syndrome in different ways. My focus is not on the correctness of its title but upon its admissibility in courts in Florida. My overall perspective is based on standards set forth by the Frye' and Dauber? cases. In order to understand the syndrome, it will be necessary to first look at the concept of domestic violence. It will also be important to consider what the term battered woman syndrome means. After discussing …

A Primer On Cramdown - How And Why It Works, Richard Maloy

St. Thomas Law Review

Cramdown has been referred to as "the iron maiden of bankruptcy reorganizations- the dreaded cramdown." The object of this paper is to see whether that uncomplimentary reference is a "bum rap" or a deserved appellation. Obfuscated though it may be, is this feature of the Bankruptcy Code really a medieval form of torture, or when fully understood is it just another statutory provision that could have been more clearly drafted? "Cramdown" is not a word used by the Code. It is a lawyers' euphemism for a very vital part of Chapters 9,3 11,4 12,5 and 136 of the Code-the statutory …

Between Reality And Rhetoric: The Epistemic Schism In The Recognition Of Traditional Medicine In International Law, Chidi Oguamanam

St. Thomas Law Review

This article is divided into five parts. The foregoing Part I, a brief introduction, highlights a few contemporary policy issues in the discourse about TM in international law and public health arenas. It identifies the epistemic schism between TM and the allopathic system as being at the root of the grandiose policy of integrating TM into national health systems. Premised on a multi-juridical framework, Part II examines select international legal and quasi-legal instruments, and probes the extent to which they make provisions for the protection of TM. Part III evaluates the international policy regime on TM, specifically as championed by …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 16, Issue 1, Fall 2003.

Tracking The Circulatory Of Confession Jurisprudence After Massiah & (And) Miranda: Can A Superficial Application Of Property Law Make Sense Out Of Nonsense?, Rory Bahadur

St. Thomas Law Review

After Miranda v. Arizona and Massiah v. United States, there were arguably three doctrinally separate methodologies for determining the admissibility of confessions in criminal proceedings. The interaction of these three doctrines has generated a complex, contradictory, somewhat inexplicable, and chaotic jurisprudence. This paper re-examines the post- Miranda interaction of the three doctrines, and argues that basic property law provides a conceptual framework for reconciling what appears to be an otherwise arbitrary and unpalatable collection of Supreme Court decisions. Section one briefly examines the totality of the circumstances test and the Miranda and Massiah decisions themselves, not from the standpoint of …

The Fiction Of Freedom Of Contract - Nursing Home Admission Contract Arbitration Agreements: A Primer On Preserving The Right Of Access To Court Under Florida Law, Robert Hornstein

St. Thomas Law Review

The primary purpose of this article is to provide a litigation paradigm on how the use of compelled nursing home arbitration agreements in Florida can be successfully challenged and a patient's right of access to the courts preserved. This article includes an examination of the use of compelled arbitration agreements under Florida law and their treatment by the courts. It also includes an analysis of how Florida's courts have generally responded to the widespread use of arbitration provisions. Further, it contains a review of the defenses available under Florida law that can be used to defend against compelled arbitration provisions. …

The Child Tax Credit: How To Phase-Out Family Values, Jonnie M. Jennings

St. Thomas Law Review

In recent years, the integrity of our nation's tax system has been challenged with every new section added to the current Internal Revenue Code ("I.R.C." or the "Code") because Congress has created an unrealistic task of tax calculation for the average taxpayer. It is goal of the Code to express progress in how we tax ourselves, which is done by striving for a certain level of fairness in horizontal and vertical equity. One of the ways that Congress attempts to meet this goal is through developing certain personal credits and deductions but then providing for the phasing-out of benefits in …

Unhappy Anniversary - Thirty Years Since Miller V. California: The Legacy Of The Supreme Court's Misjudgement On Obscenity, Daniel Mark Cohen

St. Thomas Law Review

If it is true, as Aristotle suggested, that man is by nature a political animal, the current state of American society demonstrates, to any who might doubt the proposition, that man is equally, if not more so, a sexual one. With successive blessings by the Supreme Court, and so, with legal and social impunity, the companion American realms of commerce and entertainment are now thoroughly suffused with images of an openly sexual nature and purpose. These images, generated with conscious calculation and without discrimination as to the age or interest of potential recipients, are employed primarily for pecuniary purpose-that is, …

Florida Legal History: The Courts And Law During The Civil War, Reconstruction And Restoration Eras, Robert W. Lee

St. Thomas Law Review

Florida's legal heritage includes a wide range of direct influences. Spanish law played a role in the establishment of Florida territorial law, which was gradually superseded by English common law. Florida's ties to the other southern states contributed to the development of local laws consistent with those of the Old South. Even today, the root of many existing Florida laws lies in these historical eras. Those seeking to interpret unclear law would be assisted in knowing the historical reasons behind particular legislation or court decisions. One remarkable era is that of the years from 1860 through 1880, a time of …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 15, Issue 3, Spring 2003.

Teaching International Law: Beyond The Law School Experience, Charlotte Ku

ILSA Journal of International & Comparative Law

As teachers, it is perhaps natural for us to think about teaching in the classroom context, although this panel is demonstrating the teaching opportunities that may exist outside of a single course or courses in international law.

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

Unquestionably, there is growing interest in the subject of international law at several educational levels and among a broad constituency of students.

Bring On 'Da Noise: The Sec's Proposals Concerning Professional Conduct For Attorneys Under Sarbanes-Oxley, Marilyn Blumberg Cane, Sarah Smith Kelleher

Faculty Scholarship

In the wake of Enron's and numerous other corporate scandals, Congress enacted the Sarbanes-Oxley Act, which empowered the Securities and Exchange Commission (the Commission) to establish rules of professional conduct for attorneys who appear before it. In November 2002, the Commission released a proposal where attorneys would be required to report perceived violations of corporate governance and Commission rules up-the-ladder. Additionally, if the company failed to make an appropriate response, the attorney would be required to make a noisy withdrawal. After an onslaught of comments against the proposal, the Commission issued an alternative proposal for comment.

Under the alternative rule, …

Building A Common Frontier Or Deconstructing National Identity?: An Analysis Of The Effort To Centralize Control Of Third Country Immigration In The European Union, Catherine E. Halliday-Roberts

ILSA Journal of International & Comparative Law

Faraway from the frightening attacks on the World Trade Center and the Pentagon, a wall next to a mosque in Northern England reads, "Avenge USA - kill a Muslim now."

Law And What I Truly Should Decide, John M. Finnis

Journal Articles

Suppose we tried to think about law without trying first to describe it or to work out what the concept of it is. Suppose we asked instead whether, and if so why, and when, we-or more precisely each one of us-should favor introducing, having, endorsing, maintaining, complying with and enforcing it. We would be trying to think about law, about something not limited to our own time and town, but as something that people of any time and place of which we are aware would, as we can understand, have the same or similar need for and reasons to comply …

Dissecting The Lawfulness Of United States Foreign Policy: Classroom Debates As Pedagogical Devices, Christopher C. Joyner

ILSA Journal of International & Comparative Law

Simulations can be used as educational exercises that enable students in the classroom to appreciate better the difficulties and nuances of legal issues affecting international relations.

Puzzling Observations In Chinese Law: When Is A Riddle Just A Mistake?, Donald C. Clarke

GW Law Faculty Publications & Other Works

Understanding the Chinese legal system is not simple because it is (probably) very different from a Western one. The understanding of the Chinese legal system that results from any study will depend crucially on the selection of a paradigm with which to define what counts as an observation and against which to measure and assess the observations, either descriptively or normatively. This is not to say that the selection of a paradigm will make the difference between understanding and not understanding. It will, however, make a difference between understanding in one way and understanding in another way. Whether one of …