Law Commons^™

It Takes At Least A Minute To Protect And Restore The Colorado River Delta [Abstract], Jennifer Pitt, Daniel F. Luecke

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

2 pages.

An Efficiency Analysis Of Contracts For The Provision Of Telephone Services To Prisons, Justin Carver

Federal Communications Law Journal

As the numbers of prisons and prisoners continue to increase, so does the market for prison services. One of the more lucrative segments of this industry is the telephone market. To the extent that the services are provided to the prisoners, the relationship resembles a third party beneficiary contract, but due to the perverse financial incentives and the political climate surrounding prisons and prisoners, neither the state nor the private entity acts in the best interests of the consumers in particular or of society in general. This Article will analyze the efficiency of these contracts, introduce alternate arrangements, and compare …

A United States Human Rights Policy For The 21st Century, Harold Hongju Koh

Saint Louis University Law Journal

No abstract provided.

United States Human Rights Policy In The 21st Century In An Age Of Multilateralism, Catherine Powell

Saint Louis University Law Journal

No abstract provided.

Response To Harold Koh’S Childress Lecture – A United States Human Rights Policy For The 21st Century, Michael H. Posner

Saint Louis University Law Journal

No abstract provided.

Coalbed Methane Development In Wyoming’S Powder River Basin, Diana Hulme

Coalbed Methane Development in the Intermountain West (April 4-5)

21 pages (includes color illustrations and maps).

Contains endnotes.

Coalbed Methane Development In The Intermountain West: Primer, Gary Bryner

Coalbed Methane Development in the Intermountain West (April 4-5)

50 pages (includes color illustrations and maps).

Contains 7 pages of endnotes.

An Overview Of Cbm Exploration And Production, Steve De Albuquerque

Coalbed Methane Development in the Intermountain West (April 4-5)

9 pages (includes color illustrations and maps).

Using The Charter To Stop Racial Profiling: The Development Of An Equality-Based Conception Of Arbitrary Detention, David M. Tanovich

Osgoode Hall Law Journal

Do the police use race as a proxy for criminality, particularly, in drug cases? If so, is this a rational discriminatory practice that is based on who the usual offender is or an offensive exercise of racial prejudice? What are the consequences for those communities targeted by the police? This article investigates these questions that have gone unanswered for too long in Canada. After offering a definition of racial profiling, evidence is presented that suggests that the practice is rampant in the United States and is likely practiced by some Canadian police forces, particularly, in cities with large visible minority …

Crossing The Line: Juvenile Transfer And Prison Violence, Jessica M. Huffman

Sociology & Criminal Justice Theses & Dissertations

The juvenile court has long held caring and rehabilitation as it's objective for those persons who commit crimes while under age 18. However, arguably, that goal has been compromised with the use of juvenile transfers. Some research has been done on the use of transfers, but little has studied the effects of incarcerating juveniles with adult prisoners at the state level. This thesis examines the use of the juvenile transfer and the effects it has with respect to prison violence using states in the U.S. as the unit of analysis. It was hypothesized that prison violence would increase with an …

Jubelirer’S Jubilee, Bruce Ledewitz

Ledewitz Papers

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

The Constitutions Of Sustainable Capitalism And Beyond, Bruce Ledewitz

Ledewitz Papers

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

Resource Law Notes Newsletter, No. 53, Winter, Feb. 2002, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Do Jury Trials Encourage Harsh Punishments In The United States?, William T. Pizzi

Saint Louis University Public Law Review

No abstract provided.

Will The United States Take The Plunge Into Global Patent Law Harmonization? A Discussion Of The United States' Past, Present, And Future Harmonization Efforts., Anneliese M. Seifert

Marquette Intellectual Property Law Review

Ms. Seifert discusses the factors that shape harmonization of a global patent law system. She touches on how the philosophical differences of the United States, Japanese, and European patent systems have created difficulty in establishing a cohesive patent law system. The author then discusses international harmonization efforts such as WIPO and TRIPs and national patent law changes, such as the eighteen-month publication period created under the American Inventors Protection Act. In conclusion, the author discusses the future of patent harmonization, suggesting the need for a global, uniform method of patent interpretation for meaningful harmonization.

Expanding State Jurisdiction To Regulate Out-Of-State Lawyers, Charles W. Wolfram

Hofstra Law Review

No abstract provided.

Is The U.S. Out On A Limb? Comparing The U.S. Approach To Mandatory Consumer And Employment Arbitration To That Of The Rest Of The World, Jean R. Sternlight

Scholarly Works

After quickly summarizing the landscape of mandatory arbitration both within and without the United States, this article will consider why mandatory arbitration is treated so disparately, whether it is problematic that approaches to mandatory arbitration are so varied among countries, and what the differing jurisdictions can and should learn from one another. The article concludes that the United States Congress should be very concerned with the fact that we are treating mandatory arbitration more permissively than other countries. I, along with many others, have previously presented many arguments for why mandatory arbitration is problematic. Our outlier status on this issue …

Looking A Gift Horse In The Mouth: Is The Committment Of The United States' New Allies Sincere, Frank Biggio

Case Western Reserve Journal of International Law

No abstract provided.

International Remedies In National Criminal Cases: Icj Judgment In Germany V. United States, Douglass Cassel

Journal Articles

In Germany v. United States (2001), the International Court of Justice ruled that the Vienna Convention on Consular Relations confers judicially enforceable rights on foreign nationals detained for prolonged periods or sentenced to severe penalties without notice of their right to communicate with their consulates. The Court also ruled that states which fail to give timely notice cannot later invoke procedural default to bar individuals from judicial relief. However, the Court did not clearly address other issues, such as requiring individuals to show prejudice to the outcome of the trial, or denial of certain remedies for Convention violations, which may …

The United States Of America And The International Criminal Court, Diane Marie Amann, M.N.S. Sellers

Scholarly Works

The United States of America has not ratified the treaty establishing a permanent international criminal court, and it is highly un-likely to do so. This is not simply a question of delay caused by cumbersome ratification procedures; rather, it reflects deep-seated opposition by the U.S. executive branch and by many members of Congress. The United States voted against the Rome Statute of the International Criminal Court when it was adopted on July 17, 1998, at the U.N. Diplomatic Conference of Plenipotentiaries. President William J. Clinton approved signature of the statute on the last day that a state, by signing, could …

Water Allocation Compacts In The West: An Overview, Douglas S. Kenney

Books, Reports, and Studies

14 p. : charts ; 28 cm

Legal And Policy Implications For A New Era: The War On Terror, Jeffrey F. Addicott

Faculty Articles

The attacks on September 11, 2001 marked the beginning of the War on Terror. A conclusive body of evidence pointed directly to al-Qa’eda’s terrorist organization as the perpetrators of the arrack and to Afghanistan’s Taliban as the State-supporter of the terrorist organization. Al-Qa’eda terrorists use religion, most often radical Islamic fundamentalism, to justify the mass murder of innocent individuals–demonstrating they have no regard for human life, let alone the human rights and fundamental freedoms of others. Armed with the Congressional Joint Resolution, United Nations (“U.N.”) Resolution 1368, and the North Atlantic Treaty Organization (“NATO”) Resolution, the United States and its …

One View To Add To The Many, Bill Piatt

Faculty Articles

The United States offers its citizens the opportunity to participate in the legal and political system through which it governs. The Constitution ensures that its citizens may engage, participate, and represent the body politics in government and the application of its laws. The recent attacks on America and the failure of the immigration system in monitoring its applicants has resulted in more restrictive immigration laws and policy.

The country’s legal education system must continue to improve its efforts in diversifying the nation’s law schools. More minorities should be represented as students, professors, and deans. Accomplishing a more diversified legal education …

Politics And Personalities In The Federal Appointments Process, Christopher L. Eisgruber

William & Mary Bill of Rights Journal

Michael Gerhardt's latest book, The Federal Appointments Process, examines historically both the politics and procedures employed by the president and Congress in selecting, and ultimately appointing, judicial nominees. In this book review, Professor Christopher Eisgruber focuses on some of Gerhardt's most salient observations and illustrates the degree to which the historical trends Gerhardt describes impact current appointment practices.

Assessing Causation In Breast Implant Litigation: The Role Of Science Panels, Laural L. Hooper, Joe S. Cecil, Thomas E. Willging

Law and Contemporary Problems

In two recent cases, federal judges appointed panels of scientific experts to help assess conflicting scientific testimony regarding causation of systemic injuries by silicone gel breast implants. This article will describe the circumstances that gave rise to the appointments, the procedures followed in making the appointments and reporting to the courts, and the reactions of the participants in the proceedings.

Too Many Probabilities: Statistical Evidence Of Tort Causation, David W. Barnes

Law and Contemporary Problems

Medical scientific testimony is often expressed in terms of two different probabilities: 1. The increased probability of harm if a person is exposed, for example, to a toxin. 2. The observed relationship is an artifact of the experimental method. This article demonstrates that neither probability, taken alone or together, measures whether the "preponderance of the evidence" test is met.

Scientific Ignorance And Reliable Patterns Of Evidence In Toxic Tort Causation: Is There A Need For Liability Reform?, Carl F. Cranor, David A. Eastmond

Law and Contemporary Problems

As a first step to preserving the central aims of tort law, courts will need to recognize the wide variety of respectable, reliable patterns of evidence on which scientists themselves rely for drawing inferences about the toxicity of substances. Courts may also need to take further steps to address the woeful ignorance about the chemical universe. This may necessitate changes in the liability rules.

The Swine Flu Vaccine And Guillain-Barré Syndrome: A Case Study In Relative Risk And Specific Causation, David A. Freedman, Philip B. Stark

Law and Contemporary Problems

This article discusses the role of epidemiologic evidence in toxic tort cases, focusing on relative risk. Whether specific causation can be inferred if a relative risk is above 2.0 is discussed. The object is to explore the scientific logic behind intuitions of relative risk.

Scientific Models Of Human Health Risk Analysis In Legal And Policy Decisions, Douglas Crawford-Brown

Law and Contemporary Problems

The quality of scientific predictions of risk in the courtroom and policy arena rests in large measure on how the two differences between normal practice and the legal/policy practice of science are reconciled. This article considers a variety of issues that arise in reconciling these differences, and the problems that remain with scientific estimates of risk when these are used in decisions.

Causation And The Law: Preemption, Lawful Sufficiency, And Causal Sufficiency, Richard Fumerton, Ken Kress

Law and Contemporary Problems

This article briefly describes the normative/nonnormative distinction, and how one might invoke this distinction to locate a nonnormative dimension of actual causation. After briefly introducing Richard Wright's concept of a necessary element in a set of conditions for an effect, the article notes ambiguities in the critical concepts of necessity and sufficiency that he deploys. The article suggests the most plausible interpretation of Wright's use of different modal concepts.