Law Commons^™

Taking International Law At Its Word And Its Spirit: Re-Envisioning Responsibility To Protect As A Binding Principle Of International Law, Tessa R. Davis

Faculty Publications

No abstract provided.

Book Review: Concepts In Law: Whom Should You Trust? Plans, Pragmatism, And Legality, Thomas P. Crocker

Faculty Publications

No abstract provided.

U.S. Citizens Ass'n V. Sebelius - District Court's Final Judgment On Count 1, United States District Court For The Northern District Of Ohio

Patient Protection and Affordable Care Act Litigation

No abstract provided.

The Resurgent Second Amendment, Robert J. Cottrol

Tulsa Law Review

No abstract provided.

Habeas Verite, Lee Kovarsky

Tulsa Law Review

No abstract provided.

The Legality Of Evil Or The Evil Of Legality, Frederick Schauer

Tulsa Law Review

No abstract provided.

Law As Courtesy, Frank B. Cross

Tulsa Law Review

No abstract provided.

Regulating Political Risks, Adrian Vermeule

Tulsa Law Review

No abstract provided.

Slavery, The Rule Of Law, And The Civil War, George William Van Cleve

Tulsa Law Review

No abstract provided.

Exclusion From Income Of Compensation For Services And Pooling Of Labor Occurring In A Noncommercial Setting, Douglas A. Kahn

Law & Economics Working Papers

Compensation for services, regardless of the form, constitutes income to the recipient. Consequently, the exchange of services by two individuals is treated as income to each. However, there are numerous examples of an exchange of services that the IRS has never sought to tax. The most common example is an exchange of services by a married couple who divide the household chores between them. The focus of this article is to propose a principled reason for not taxing those exchanges and to explore the limits of that exclusion. The author contends that the income tax operates exclusively on commercial transactions, …

Toward A Trips Truce, Patricia L. Judd

Michigan Journal of International Law

The World Trade Organization's (WTO's) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS or Agreement), now over fifteen years old, regulates a marketplace characterized by extraordinary dynamism, influenced by the constant forces of globalization and technological evolution. Attempts to regulate this market raise natural, persistent questions concerning the Agreement's ability to serve its respective constituencies and adapt to change. The Agreement operates in the midst of an age-old dynamic pitting developing and developed countries against one another, especially when it comes to domestic enforcement against piracy and counterfeiting-a dynamic in which TRIPS has been criticized as a one-sided instrument. …

Table Of Contents For Volume 94 Issue 4, Marquette University

Marquette Law Review

None

Comment On Merrill On The Law Of Waste, Richard A. Posner

Marquette Law Review

None

Contract And Procedure, Christopher R. Drahozal, Peter B. Rutledge

Marquette Law Review

This paper examines both the theoretical underpinnings and empirical picture of procedural contracts. Procedural contracts may be understood as contracts in which parties regulate not merely their commercial relations but also the procedures by which disputes over those relations will be resolved. Those procedural contracts regulate not simply the forum in which disputes will be resolved (arbitration vs. litigation) but also the applicable procedural framework (discovery, class action waivers, remedies limitations, etc.). At a theoretical level, this paper explores both the limits on parties’ ability to regulate procedure by contract (at issue in the Supreme Court's recent Rent-A-Center decision) and …

Evidence, W. Randall Bassett, Susan M. Clare

Mercer Law Review

Although the 2010 term of the United States Court of Appeals for the Eleventh Circuit had its share of controversial cases, the court's evidentiary rulings were few in number and moderate in scope. As it has in recent years, the court relied heavily on unpublished decisions to resolve cases without creating binding precedent; thus there were no major alterations to the law of evidence requiring practitioners to run to the nearest volume of the Federal Reporter. As explained in previous iterations of this Survey, the court cautions that its "[u]npublished opinions are not considered binding precedent." As a result,

The …

Environmental Law, Travis M. Trimble

Mercer Law Review

Relatively few environmental cases were decided in the United States Court of Appeals for the Eleventh Circuit in 2010. The court decided a case holding that the portion of the Omnibus Appropriations Act of 2009, which funded a mile-long bridge in the Everglades, repealed the National Environmental Policy Act of 1969, Endangered Species Act, and other environmental laws to the extent they applied to the construction project. Additionally, the court decided that the leadbased paint hazard warning required to be included in residential leases pursuant to the Residential Lead-Based Paint Hazard Reduction Act had to be reproduced in such leases …

Hiding In Plain Sight: Protection From Gps Technology Requires Congressional Action, Not A Stretch Of The Fourth Amendment, Kimberly C. Smith

Mercer Law Review

In the fall of 2010, a college student in Santa Clara, California, found a peculiar object on the underside of his vehicle after a trip to the mechanic. The student's friend posted an online picture of the strange device asking for suggestions about its source and "if it mean[t] the [Federal Bureau of Investigation] 'is after us.'" As it turns out, the Federal Bureau of Investigation (FBI) was secretly tracking the twenty-year- old Arab-American using a Global Positioning System (GPS) affixed to the underside of his vehicle. The FBI located the student two days after the posting and demanded the …

Law Library Newsletter, Volume 3, Issue 2 - Biolchini Hall Dedication Issue 2011, Kresge Law Library

Law Library Newsletter

Biolchini Hall of Law Dedication October 8, 2010

Notre Dame Law School’s completely renovated Biolchini Hall of Law was dedicated on Friday October 8. Fr. John Jenkins blessed the building after a mass of celebration in the Basilica.

The Hall is named in honor of the Biolchini family. A $15 million gift from Robert and his wife Fran — and a number of additional gifts from other generous benefactors — made the renovation possible.

A private reception and dinner was held for all the benefactors after the ceremonies. Among the honored guests and speakers was Associate Justice Samuel Anthony Alito, …

Live Hearings And Paper Trials, Emily Spottswood

Scholarly Publications

This Article explores a constantly recurring procedural question: When is fact-finding improved by a live hearing or trial, and when would it be better to rely on a written record? Unfortunately, when judges, lawyers, and rulemakers consider this issue, they are led astray by the widely shared—but false—assumption that a judge can best determine issues of credibility by viewing the demeanor of witnesses while they are testifying. In fact, a large body of scientific evidence indicates that judges are more likely to be deceived by lying or mistaken witnesses when observing live testimony than if the judges were to review …

Apologies In The Healthcare System: From Clinical Medicine To Public Health, Michal Alberstein, Nadav Davidovitch

Law and Contemporary Problems

Alberstein and Davidovitch explore the role of apologies in healthcare systems from a broader perspective. The significance of apology in terms of social solidarity is addressed and the ways in which each apology situation entails a clash between cultural identities are demonstrated. The debate on apology is explored by presenting a public health perspective of apologies following collective traumatic events such as the application of sterilization laws or flawed human experimentations in various settings.

At And Beyond Fifteen: Mapping Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes

University of Miami Race & Social Justice Law Review

No abstract provided.

Augmenting Advocacy: Giving Voice To The Medical-Legal Partnership Model In Medicaid Proceedings And Beyond, Marybeth Musumeci

University of Michigan Journal of Law Reform

The denial of Medicaid coverage for augmentative communication devices, despite an existing legal framework that mandates the opposite result, raises fundamental questions about what independence means for people with disabilities. This situation, compounded by the barriers in the Medicaid administrative appeal process encountered by such beneficiaries, invites new approaches to the delivery of civil legal services, such as medical-legal partnerships (MLPs). MLPs are formalized arrangements that bring lawyers into a healthcare setting to provide specialist consultations when patients experience legal problems that affect health. While there is an emerging scholarship on MLPs, this Article offers the first in-depth analysis of …

Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.

A Conversation With President Obama: A Dialogue About Poverty, Race, And Class In Black America, Joseph K. Grant

University of Miami Race & Social Justice Law Review

No abstract provided.

Latcrit Theory, Narrative Tradition And Listening Intently For A "Still Small Voice", Mario L. Barnes

University of Miami Race & Social Justice Law Review

No abstract provided.

New Century Freedom For The Freedmen, Danné L. Johnson

University of Miami Race & Social Justice Law Review

No abstract provided.

Table Of Contents - Cardozo Public Law, Policy And Ethics Journal, Vol. 9, Iss. 3

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Terrorism Law Report, 2011 Summer, St. Mary's University School Of Law Center For Terrorism Law

Quarterly News

No abstract provided.

Still In 'The Jungle': Labor, Immigration, And The Search For A New Common Ground In The Wake Of Iowa's Meatpacking Raids, Khari Taustin

University of Miami Business Law Review

No abstract provided.

Deception Absent Duty: Computer Hackers & Section 10(B) Liability, Brian A. Karol

University of Miami Business Law Review

No abstract provided.