Law Commons^™

Forced Federalism: States As Laboratories Of Immigration Reform, Keith Cunningham-Parmeter

UC Law Journal

Ever since Justice Louis Brandeis characterized states as laboratories of democracy, judges and scholars have championed the ability of states to offer a diverse array of solutions to complex national problems. Today, proponents of enhanced immigration restrictions apply the same rationale to state immigration laws. This Article challenges the assertion that states can serve as valuable laboratories of immigration reform.States that enact their own immigration laws do not internalize costs or yield replicable results—two conditions needed for viable experimentation. When states internalize costs, other jurisdictions can effectively evaluate outcomes. Replication occurs when states take diverse approaches to common problems. Unfortunately, …

Apportioning Liability Behind A Veil Of Uncertainty, J. Shahar Dillbary

UC Law Journal

This Article challenges the reasoning that led most states to abandon the “no contribution” rule. Under the rule, if a victim obtains a judgment against two tortfeasors but chooses (even arbitrarily or out of spite) to recover only from one, the “chosen one” must pay the entire judgment while the other is exempted. This is the case even if the paying tortfeasor is only 1% at fault while the non-paying tortfeasor is 99% at fault. The rule has been lamented by tort-reform crusaders as immoral and unfair. One tortfeasor, the argument goes, should not bear the entire burden while the …

Note – Bridging The Gap: An Application Of Social Frameworks Evidence To Shaken Baby Syndrome, Lauren Quint

UC Law Journal

Ever since the syndrome was first recognized in the 1960s, a diagnosis of shaken baby syndrome (“SBS”) was believed to be pathognomonic of abuse. New data calls into question the accuracy of the diagnosis and its association with nonaccidental death. This data points to alternative causes of brain injuries in infants and small children and casts doubt on the validity of evidence frequently used at trial. This Note explores problems associated with expert testimony in the context of SBS. It argues that despite the ability to accurately present general causation evidence at trial, introduction of specific causation testimony is often …

Burke Triumphs Over Jefferson In New York Same-Sex Marriage Decision, Nathan B. Oman

Popular Media

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

The Repressible Myth Of Shady Grove, Kevin M. Clermont

Cornell Law Faculty Publications

This Article untangles the effects of the Supreme Court's latest word on the Erie doctrine, by taking the vantage point of a lower court trying to uncover the logical implications of the Court's new pronouncement. First, Shady Grove lightly confirms the limited role of constitutional constraints. Second, it sheds only a little light on judicial choice-of-law methodology. Third, by contrast, it does considerably clarify the conflict between Federal Rules and state law: if a Rule regulates procedure, then it is valid and applicable without exception in all federal cases, to the extent of its coverage; in determining the Rule's coverage, …

Risky Business: Liability Of Product Sellers Who Offer Safety Devices As Optional Equipment, Richard C. Ausness

Law Faculty Scholarly Articles

This Article examines the question of whether (or when) product sellers should be allowed to offer optional safety equipment without fear of being held strictly liable for selling a defectively designed product. Part II of this Article examines several approaches to risk-bearing. At one end of the spectrum, the principle of personal autonomy dictates that consumers should decide how much risk they wish to accept. On the other hand, products liability law assumes that if consumers are allowed to subject themselves to greater risk, producers will be quick to take advantage of their inability to make rational decisions about what …

Class Actions, Thomas M. Byrne, Stacey Mcgavin Mohr

Mercer Law Review

The United States Court of Appeals for the Eleventh Circuit's 2010 decisions in class actions further developed the law on the requirements for class certification, the scope of the Class Action Fairness Act of 2005 (CAFA), and the preclusive effects of class settlements and judgments.

Federal Taxation, Augustus N. Makris

Mercer Law Review

This Article surveys certain federal tax cases decided by courts in the Eleventh Circuit in 2010. There were no significant decisions. The case of Ocmulgee Fields, Inc. v. Commissioner addressed the applicability of section 1031(f)(4) of the Internal Revenue Code (I.R.C.) to likekind exchanges. The case of United States v. Fort involved a partner who, in exchange for his interest in an acquired partnership, received shares of the acquiring corporation subject to certain restrictions. The issue was whether the restrictions permitted the partner to exclude the shares from gross income when received. The case of Southern Family Insurance Co. v. …

Caps Off To Juries: Noneconomic Damage Caps In Medical Malpractice Cases Ruled Unconstitutional, Jennifer W. Terry

Mercer Law Review

In 2005 the Georgia General Assembly (General Assembly) passed a controversial tort reform bill in an effort to reduce the cost of medical liability insurance for health care providers. In this bill, the legislature put a cap of $350,000 on noneconomic damages (pain and suffering) for medical malpractice cases. On March 22, 2010, the Georgia Supreme Court in Atlanta Oculoplastic Surgery, RC. v. Nestlehutt held these caps unconstitutional on grounds that they violate the state constitutional right to jury trial. By ruling on these grounds, the court was able to avoid weighing in on the competing interests of the medical …

Table Of Contents

The Journal of Law and Education

No abstract provided.

Public Single-Sex K-12 Education: The Renewal Of Sex-Based Policy By Post-Race Politics, 1986-2006, Andrew J. Mccreary

The Journal of Law and Education

No abstract provided.

Lower Federal Courts And State Courts Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Does Section 504 Require A Section 504 Plan For Each Eligible Non-Idea Student Counterpoint, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

Please Don't Tell My Mom - A Minor's Right To Informational Privacy, Caitlin M. Cullitan

The Journal of Law and Education

No abstract provided.

Supreme Court Review - Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Commentary Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

[Censored]: Book Banning In The Us Education System Chalk Talk, Michael Brenyo

The Journal of Law and Education

No abstract provided.

Prevention Of Identity Theft: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

With advances in technology and increases in impersonal electronic transactions, identity theft IT) is becoming a major problem in today’s society. One may ask why IT is growing in America. The answer is simple, as a review of literature reveals: IT is extremely hard to detect, prevent, and prosecute.

There are many ways people can protect themselves, their identities and secure their personal information; many do not concern themselves with this knowledge, however, until they become victims of this crime, themselves. With advances in technology, offenders are often turning to new methods to access information and use it for financial …

Going With The Flow: The Montana Court's Conservative Approach To Constitutional Interpretation, Jack Tuholske

Montana Law Review

Interpreting Montana's Constitution

First Right Of Recusal, W. William Leaphart

Montana Law Review

First Right of Recusal

Enhanced Dispute Resolution Through The Use Of Information Technology, Garret Brouwer

Arbitration Law Review (2009 - Present)

No abstract provided.

The Future Of Investor-State Arbitration: Greater Transparency On The Horizon For Uncitral Rules, Kristin Miller

Arbitration Law Review (2009 - Present)

No abstract provided.

Introduction To The Arbitrator As Judge . . . And Judge Of Jurisdiction Symposium, Thomas E. Carbonneau

Arbitration Law Review (2009 - Present)

No abstract provided.

Connecticut Forces Litigious Patients To Play Nice With Doctors, Mandates Mediation For All Medical Malpractice Claims, Ryan J. Maerz

Arbitration Law Review (2009 - Present)

No abstract provided.

Icann's Uniform Domain Name Dispute Resolution Policy As A Means Of Combating Copyright Infringement, Dwight A. Decker Jr.

Arbitration Law Review (2009 - Present)

No abstract provided.

Supreme Court Of Colorado Holds That An Excess Insurer Who Endorses A Primary Insurer's Coverage Agreement By Follow-Form Is Subject To The Arbitral Clause Within That Agreement, Jamie L. Augustinsky

Arbitration Law Review (2009 - Present)

No abstract provided.

International Commercial Arbitration And The Arbitrator's Contract, Jaclyn Reilly

Arbitration Law Review (2009 - Present)

No abstract provided.

Contract And Kompetenz, Peter B. Rutledge

Arbitration Law Review (2009 - Present)

No abstract provided.

Revelation And Reaction: The Struggle To Shape American Arbitration, Thomas J. Stipanowich

Arbitration Law Review (2009 - Present)

No abstract provided.