Law Commons^™

Smith, Christian Legal Society, And Speech-Based Claims For Religious Exemptions From Neutral Laws Of General Applicability, William P. Marshall

Cardozo Law Review

No abstract provided.

Tax Deregulation, Steven A. Dean

Faculty Scholarship

Deregulation has played both the hero and the villain in recent years. This Article evaluates the impact of deregulation on what may be the single most economically important regulatory regime: the income tax. In order to accomplish this goal, it applies the concepts of fiscal arbitrage and compliance spirals to three deregulatory tax reforms. Compliance spirals describe an enforcement dynamic in which the regulator encourages compliance through a system of rewards for cooperation and punishment for noncooperation. Fiscal arbitrage describes policy measures that exploit cognitive biases and other anomalies to deliver political benefits by using minimal political capital. The combination …

Alternative Strategies For Managing Pharmaceutical And Personal Care Products In Water Resources, Gabriel Eckstein, George William Sherk

Faculty Scholarship

In recent decades, concern has grown over the presence of pharmaceutical and personal care products (PPCPs) in water. This concern stems from the possibility that the presence of PPCPs in water supplies may pose a threat to both human and environmental health. Such threats may be both direct (e.g., exposure to endocrine disrupting compounds) and indirect (e.g., emergence of antibiotic resistant bacteria). The water treatment and wastewater treatment community has been especially concerned over PPCPs because of PPCPs ubiquitous nature and their ability to persist or only partially degrade in water and during wastewater treatment. Studies done over the past …

Comparative Deterrence From Private Enforcement And Criminal Enforcement Of The U.S. Antitrust Laws, Robert H. Land, Joshua P. Davis

BYU Law Review

No abstract provided.

Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam

BYU Law Review

No abstract provided.

Assessment Of Juror Utilization In The Superior Courts Of California, Paula Hannaford-Agor, Nicole L. Waters, Theresa Jones, Daniel J. Hall

Faculty Publications

Juror utilization is one of two key performance measures in jury operations. Specifically, juror utilization measures how effectively courts use the citizens who are summoned and report for jury service. It reflects both customer service and organizational efficiency aspects of jury service. In the fall of 2009, the Judicial Council of California, Administrative Office of Courts, contracted the National Center for State Courts to assist in an “Assessment of Juror Utilization in the Superior Courts of California.” The project focused on all aspects of juror utilization—panel size, trial date certainty, and summoning practices--as well as other topics related to respectful …

Password Protected? Can A Password Save Your Cell Phone From A Search Incident To Arrest?, Adam M. Gershowitz

Faculty Publications

Over the last few years, dozens of courts have authorized police to conduct warrantless searches of cell phones when arresting individuals. Under the “search incident to arrest” doctrine, police are free to search text messages, call histories, photos, voicemails, and a host of other data if they arrest an individual and remove a cell phone from his pocket. Given that courts have offered little protection against cell-phone searches, this Article explores whether individuals can protect themselves by password protecting their phones. The Article concludes, unfortunately, that password protecting a cell phone offers minimal legal protection when an individual is lawfully …

A Season Of Change: Reforming The H2b Guest Worker Program, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Each year, as spring and summer arrive, Americans partake in range of seasonal traditions: beautifying their lawns and gardens; enjoying harvests of fresh fruits, vegetables, and seafood; and attending local fairs and festivals. Although these rituals have become part of the American cultural fabric, few know that they are supported by thousands of temporary guest workers who enter the United States each year under the H-2 visa program.' The H-a program allows U.S employers to petition for seasonal agricultural workers (via the H-2A program) and seasonal nonagricultural workers (via the H-2B program) to work in this country on a …

In Memorium: Joseph Paul Doyle, Justin M. Marchesi

William & Mary Bill of Rights Journal

No abstract provided.

Mrs. Mcintyre's Persona: Brining Privacy Theory To Election Law, William Mcgeveran

William & Mary Bill of Rights Journal

No abstract provided.

Internet Voting, Security, And Privacy, Jeremy Epstein

William & Mary Bill of Rights Journal

No abstract provided.

Anonymity And Democratic Citizenship, James A. Gardner

William & Mary Bill of Rights Journal

No abstract provided.

Campaign Disclosure, Privacy And Transparency, Deborah G. Johnson, Priscilla M. Regan, Kent Wayland

William & Mary Bill of Rights Journal

No abstract provided.

Two Challenges For Campaign Finance Disclosure After Citizens United And Doe V. Reed, Richard Briffault

William & Mary Bill of Rights Journal

No abstract provided.

The Backwards Gesture: Historical Narratives In Carol Rose's Property Scholarship, Daniel J. Sharfstein

William & Mary Bill of Rights Journal

Presented at the 2010 Brigham-Kanner Property Rights Conference.

Finding Equilibrium: Exploring Due Process Violations In The Whistleblower Provisions Of The Fraud Enforecement And Recovery Act Of 2009, Laura Hough

William & Mary Bill of Rights Journal

No abstract provided.

Executive Branch Czars, Who Are They? Are They Needed? Can Congress Do Anything About Them?, Jonathan D. Puvak

William & Mary Bill of Rights Journal

No abstract provided.

A Foxy Hedgehog: The Consistent Perceptions Of Carol Rose, Jedediah Purdy

William & Mary Bill of Rights Journal

Presented at the 2010 Brigham-Kanner Property Rights Conference.

The Senate: Out Of Order?, Aaron-Andrew P. Bruhl

Faculty Publications

Due to the routine use of the filibuster and related devices, today’s Senate operates as a supermajoritarian body. This Symposium Article considers whether this supermajoritarian aspect of the Senate renders it dysfunctional and, if so, what can be done about it. I contend that the Senate is indeed broken. Its current supermajoritarian features have pernicious effects. Further, and contrary to the claims of many of the Senate’s defenders, this aspect of the Senate is not part of the original design. I go on to explain why the Senate’s procedures, despite their deficiencies, have nonetheless proven resistant to reform. The impediment …

The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick

Faculty Publications

This Article examines the First Amendment’s critical trans-border dimension—its application to speech, association, press, and religious activities that cross or occur beyond territorial borders. Judicial and scholarly analysis of this aspect of the First Amendment has been limited, at least as compared to consideration of more domestic or purely local concerns. This Article identifies two basic orientations with respect to the First Amendment—the provincial and the cosmopolitan. The provincial orientation, which is the traditional account, generally views the First Amendment rather narrowly—i.e., as a collection of local liberties or a set of limitations on domestic governance. First Amendment provincialism does …

Contents

Louisiana Law Review

No abstract provided.

Death At Sea: A Sad Tale Of Disaster, Injustice, And Unnecessary Risk, Thomas C. Galligan Jr.

Louisiana Law Review

No abstract provided.

Liability Under The Oil Pollution Act: Current Law And Needed Revisions, Kenneth M. Murchison

Louisiana Law Review

No abstract provided.

The Bp Spill And The Meaning Of "Gross Negligence Or Willful Misconduct", Patrick H. Martin

Louisiana Law Review

No abstract provided.

Time For A New Plan: The Llc Is A Better Option For Estate Planning After Cannon V. Bertrand, Jonathan J. Rose

Louisiana Law Review

No abstract provided.

Summers V. Earth Island Institute: Overhauling The Injury-In-Fact Test For Standing To Sue, Margaret Mcdonald

Louisiana Law Review

No abstract provided.

Are We Allowing The Thing To Speak For Itself? Linnear V. Centerpoint Energy And Res Ipsa Loquitur In Louisiana, Alan W. Stewart

Louisiana Law Review

No abstract provided.

The Physical Evidence Dilemma: Does Aba Standard 4-4.6 Offer Appropriate Guidance?, Rodney J. Upholf

UC Law Journal

Since 1966, when criminal defense lawyer Richard Ryder was disciplined for retaining physical evidence that connected his client to a bank robbery, lawyers and courts have struggled with the ethical dilemma of how defense lawyers should deal with physical evidence that potentially incriminates one of their clients. When a lawyer takes possession of an evidentiary item, must she always turn it over to the authorities, as required by most courts that have addressed this dilemma? Or, can defense counsel return the evidence to the source from whom counsel received it as recommended by Standard 4-4.6 of the ABA Criminal Justice …

Note – Judge Nullification: A Perception Of Unpublished Opinions, Rafi Moghadam

UC Law Journal

Back in 1974, the California Supreme Court took the ground-breaking step of creating an appellate rule that barred citation to unpublished opinions. The “no-citation rule” was designed to facilitate legal research by limiting the universe of citable cases. Over time, however, the rule has proven to be a mechanism for questionable discrimination against unpublished decisions. Unpublished appellate opinions are restricted supposedly based on characteristics shared by them—chiefly, unoriginal content—when in fact these cases often exhibit vibrant legal discourse. This Note reviews the no-citation rule from the ground up. The analysis begins with a comprehensive background, proceeds to test the legal …

Clark Memorandum: Spring 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Law and Becoming (Elder D. Todd Christofferson)
• Ambiguity in Law and in Life (Elder Bruce C. Hafen)
• "Serve God, Love Me, and Mend" (Annette W. Jarvis)
• Do U.S. Courts Discriminate Against Treaties? (David H. Moore)