Law Commons^™

Cochran V. State Dept. Of Agric., Div. Of Water Res., 249 P.3d 434 (Kan. 2011), Patrick Peluso

Water Law Review

No abstract provided.

Frenchman Cambridge Irrigation Dist. V. Dep't Of Natural Res., 801 N.W.2d 253 (Neb. 2011), Gregory Angstadt

Water Law Review

No abstract provided.

Redrock Valley Ranch, L.L.C. V. Washoe Cnty., 254 P.3d 641 (Nev. 2011), Tyler Geisert

Water Law Review

No abstract provided.

S. Fork Water & Sanitation Dist. V. Town Of S. Fork, 252 P.3d 465 (Colo. 2011), J. Tobin Weiner

Water Law Review

No abstract provided.

Vol. 15, No. 1: Full Issue, Water Law Review

Water Law Review

No abstract provided.

Religion And Neutrality: Myth, Principle, And Meaning , Rafael Palomino

BYU Law Review

No abstract provided.

Law And Religion In Colombia: Legal Recognition Of Religious Entities, Vicente Prieto

BYU Law Review

No abstract provided.

Student Loans In Bankruptcy And The "Undue Hardship" Exception: Who Should Foot The Bill?, Kyle L. Grant

BYU Law Review

No abstract provided.

Where Are They Now? A Look At The Effectiveness Of Rps Policies , Melanie Grant

BYU Law Review

No abstract provided.

Religious Freedom And Its Legal Restrictions In China, Zhang Qianfan, Zhu Yingping

BYU Law Review

No abstract provided.

Preventing Divisiveness: The Ninth Circuit Upholds The 1954 Pledge Amendment In Newdow V. Rio Linda Union School District, Devin Snow

BYU Law Review

No abstract provided.

Introduction: Comparative Property Rights, Lynda L. Butler

Faculty Publications

No abstract provided.

Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, John J. Donohue Iii, Michael Ashley Stein, Christopher L. Griffin Jr., Sascha Becker

Faculty Publications

This study looks at whether the Americans with Disabilities Act of 1990 (ADA) helped or hurt job opportunities for people with disabilities. The researchers used long-term survey data following the same individuals from 1981 to 1996 to see changes in work hours, yearly pay, and hourly wages. For the larger group studied, employment for people with disabilities dropped after the ADA took effect, but their pay compared to other workers stayed about the same. For a smaller group of workers tracked every year, job levels did not show the same drop, though wages for people with disabilities were already falling …

Heterogeneous Rates Of Time Preference And The Decision To Smok, W. Kip Viscusi, Robert L. Scharff

Vanderbilt Law School Faculty Publications

Individuals with higher personal rates of time preference will be more likely to smoke. Although previous studies have found no evidence of a relationship between smoking and rates of time preference, analysis of implicit rates of time preference associated with workers' wage fatality risk trade-offs indicates that smokers have higher rates of time preference with respect to years of life. Current smokers have an implied rate of time preference of 13.8% as compared to 8.1% for nonsmokers. Current smokers who are blue-collar workers have rates of time preference with respect to years of life of 16.3% compared to 7.8% for …

Atypical Inventions, Sean B. Seymore

Vanderbilt Law School Faculty Publications

Patent law is constantly evolving to accommodate advances in science and technology. But, for a variety of reasons, some aspects of patent doctrine have not evolved over time leading to a growing disconnect between the patent system and certain technical communities. Particularly vulnerable to the ill effects of this disconnect are "atypical" inventions, which this Article definesas those in which either (1) a technical aspect of the invention or the inventive process does not conform to an established legal standard in patent law or (2) the technical underpinnings of the invention depart from well-established scientific paradigms. An example of the …

The Tension Within The Religion Clause Of The First Amendment, Thomas B. Griffith

BYU Law Review

No abstract provided.

Religion In Contemporary Legal Systems, Tahir Mahmood

BYU Law Review

No abstract provided.

The Background And Contents Of The Proposed South African Charter Of Religious Rights And Freedoms, Rassie Malherbe

BYU Law Review

No abstract provided.

Secularity And Secularism In The United Kingdom: On The Way To The First Amendment, Iain Mclean, Scot M. Peterson

BYU Law Review

No abstract provided.

Freedom Of Expression And Religious Sensitivities In Pluralist Societies: Facing The Challenge Of Extreme Speech, Jeroen Temperman

BYU Law Review

No abstract provided.

Coalition And Hegemony: Religion's Role In The Progress Of Modernization In Reformed China, Zeng Chuanhui

BYU Law Review

No abstract provided.

Redefining Boundaries: How Cohesive Technologies Altered Literal And Equivalent Infringement, Tyler Jeffs

BYU Law Review

No abstract provided.

Frontmatter

BYU Law Review

No abstract provided.

The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann

Faculty Publications

Although an individual has control over many of the statements, acts, and other biographical data points that are used to construct her reputation, she does not ultimately have control over the result of that reputational assessment, the pronouncement of which is a task reserved to others. Reputation is fundamentally a social concept; it does not exist until a community collectively forms a judgment about an individual or firm that has the potential to guide the community’s future interactions. Despite reputation’s relational nature, discussions of the law’s interest in reputation tend to focus on one of two parties: the individual or …

The Arab Spring: Endgames As Framing Battle, Colm Campbell

Human Rights & Human Welfare

The narrative of the Arab Spring (including the Syrian uprising) in the mainstream media appears clear and linear: a cruel dictator is challenged in a series of street demonstrations that rapidly coalesce to become a popular uprising. The dictator resorts to increasingly brutal repression, but this fails to end the challenge. Within a relatively short time the dictator is overthrown. Elections within a reasonable period are announced, promising the creation of a democracy that is representative not only of the protest movement, but of society as a whole. Raghida Dergham's Huffington Post article largely reflects this perspective, drawing attention to …

September Roundtable: "The Syrian Spring" And Human Rights, Introduction, Raslan Ibrahim

Human Rights & Human Welfare

An annotation of:

“The UN Security Council's Pro-Syrian 'Defiance Coalition' Crumbles”. By Raghida Dergham. Huffington Post, August 2011.

White Noise, White Heat, Therese O'Donnell

Human Rights & Human Welfare

If, as former British Prime Minister Harold Wilson famously uttered, "A week is a long time in politics," then the Six weeks since Raghida Dergham's article could be a lifetime and the last six months of the "Arab Spring" an aeon.

The Moral International Sphere As A New "Civic Virtue", Claudia Heiss

Human Rights & Human Welfare

Liberal political theory, the predominant paradigm at least since the 1970s, rules out as oppressive the imposition of any substantive notion of a "good way of life" and proposes instead a neutral conception where each individual should have the right to pursue his or her own preferred project of life. This opposition of an ancient "virtue" and a modern "freedom" seems challenged by current debates about morality and the responsibility to protect innocent civilians from massive crimes. The moral outrage of the international community may be interpreted as a signal of a perhaps minimal notion of civic virtue, which translates …

Making Fiction Of Facts In The Israeli Spy Case, Kenneth Lasson, Angelo Codevilla, Lawrence J. Korb, John Loftus

All Faculty Scholarship

The authors make the case that Jonathan Pollard, the man convicted of spying for Israel, is again being condemned by new allegations by Martin Peretz in a New Republic article, and by retired Navy Capt. M. E. Bowman. The authors of these new assertions may not know more of the particulars than others in high places who have already publicly supported commuting Pollard's sentence to time served.

Delegation In Immigration Law, Eric A. Posner, Adam B. Cox

Coase-Sandor Institute for Law & Economics Research Paper Series

Immigration law both screens migrants and regulates the behavior of migrants after they have arrived. Both activities are information-intensive because the migrant's "type" and the migrant's post-arrival activity are often forms of private information that are not immediately accessible to government agents. To overcome this information problem, the national government can delegate the screening and regulation functions. American immigration law, for example, delegates extensive authority to both private entities—paradigmatically, employers and families—and to the fifty states. From the government's perspective, delegation carries with it benefits and costs. On the benefit side, agents frequently have easy access to information about the …