Law Commons^™

Hammerin’ Hank & The Golden Arm: Remembering Baseball’S Jewish Hall Of Famers, Kenneth Lasson

All Faculty Scholarship

This cover story focuses on two of baseball’s greatest players, Sandy Koufax, and Hank Greenberg. Besides describing their great talent for the game, it also chronicles the religious discrimination, taunts and abuse they had to endure for their religious beliefs, not just from the public, but occasionally from members of opposing teams as well.

Rewiring Old Architecture: Why U.S. Courts Have Been So Slow And Uneven In Their Take-Up Of Digital Technology, Peter W. Martin

Cornell Law Faculty Working Papers

Given the centrality of information and communication to the activities and institutions of law and government it is not surprising that during the early turbulent days of the digital revolution enthusiasts imagined that the new technology would work dramatic changes on this critical sphere, changes far greater in magnitude than those flowing from such past innovations as calculators, tape recorders, or copy machines. Students of government and consultants drew analogies between transformations taking place in the private sector (the emergence of e-commerce and distributed, virtual enterprises) and what governments might or should or would become (e-government). Greater efficiency, improved accessibility …

Balancing The Scales Of Justice: Legal, Ethical Dilemmas Within Wrongful Convictions Involving Client Confidentiality, Robert Steele '11

Honor Scholar Theses

No abstract provided.

Inside The Google Toolbox, Debbie Ginsberg

Presentations

This tech demo provided an overview of additional tools offered by Google in preparation for IIT's switch to Google for student email and calendars.

Hearing On The American Energy Initiative Transparency In Regulatory Analysis Of Impacts On The Nation Act Of 2011, Rena I. Steinzor

Congressional Testimony

No abstract provided.

Bar-On V. Knesset, Dorit Beinisch, Elyakim Rubinstein, Miriam Naor, Uzi Vogelman, Edna Arbel, Eliezer Rivlin, Asher Grunis

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

Is it possible to circumvent a constitutional principle enshrined in a temporary provision set to remain in effect only for the duration of the current government’s administration term?

Background: on June 22, 2010 Basic Law: The State Budget (Special Provisions) (Temporary Provisions) (Amendment) (hereinafter: “Basic Law Temporary Provision” or “the Law”) was passed to set the budget for years 2011 and 2012, as a …

Bullcoming V. New Mexico: Revisiting Analyst Testimony After Melendez-Diaz, Alex Herskowitz

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

U.S. Citizens Ass'n V. Sebelius - Brief Of Appellants, U.S. Citizens Association

Patient Protection and Affordable Care Act Litigation

No abstract provided.

The Evolution Of Operational Policies And Procedures At International Financial Institutions: Normative Significance And Enforcement Potential, Daniel Bradlow, Andria Naude Fourie

Working Papers

The exact contours of international organizations’ (IO) responsibility have not yet been clearly defined. While IOs – and international financial institutions (IFIs) in particular – have in the past avoided drawing those contours in more certain terms, this position is slowly changing: IFIs have been changing expectations about their standards of conduct, as reflected in their evolving operational policies and procedures (OP&P). This report provides an overview of the content, formulation, adoption, amendment and enforcement of OP&P at multilateral development banks (MDB) (a subset of IFIs). It highlights the impact of three developments that are strengthening the normative significance and …

Energy Justice: Achieving Stability In Oil-Producing African Nations, Elise Aiken

Colorado Environmental Law Journal

No abstract provided.

Non­–Per Se Treatment Of Buyer Price-Fixing In Intellectual Property Settings, Hillary Greene

Duke Law & Technology Review

The ability of intellectual property owners to earn monopoly rents and the inability of horizontal competitors to price fix legally are two propositions that are often taken as givens. This iBrief challenges the wholesale adoption of either proposition within the context of buyer price-fixing in intellectual property markets. More specifically, it examines antitrust law’s role in protecting patent holders’ rents through its condemnation of otherwise ostensibly efficient buyer price fixing. Using basic economic analysis, this iBrief refines the legal standards applicable at this point of intersection between antitrust and patent law. In particular, the author recommends the limited abandonment of …

Carbon Finance For Development: An Efficient Cookstovecase Study, Evan Haigler

Colorado Environmental Law Journal

No abstract provided.

The Tea Party, The Constitution, And The Repeal Amendment, Randy Barnett

NULR Online

No abstract provided.

Speaking Of Music And The Counterpoint Of Copyright: Addressing Legal Concerns In Making Oral History Available To The Public, Jeremy J. Beck, Libby Van Cleve

Duke Law & Technology Review

Oral history provides society with voices and memories of people and communities experiencing events of the past first-hand. Such history is created through interviews; an interview, however, like any other type of intellectual property—once in a fixed form—is subject to copyright law. In order to make oral history available to the public, it is critically important that individuals generating and acquiring oral history materials clearly understand relevant aspects of copyright law. The varied nature of how one may create, use, and acquire oral history materials can present new, surprising, and sometimes baffling legal scenarios that challenge the experience of even …

Appeal No. 0829: Edythe Dimarco V. Division Of Oil & Gas Resources Management And Gonzoil, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-43 (GonzOil Inc., Lazlo Well #1D)

Transplant Candidates And Substance Use: Adopting Rational Health Policy For Resource Allocation, Erin Minelli, Bryan A. Liang

University of Michigan Journal of Law Reform

Organ transplant candidates are often denied life saving organs on account of their medical marijuana drug use. Individuals who smoke medicinal marijuana are typically classified as substance abusers, and ultimately deemed ineligible for transplantation, despite their receipt of the drug under a physician's supervision and prescription. However, patients who smoke cigarettes or engage in excessive alcohol consumption are routinely considered for placement on the national organ transplant waiting list. Transplant facilities have the freedom to regulate patient selection criteria with minimal oversight. As a result, the current organ allocation system in the United States is rife with inconsistencies and results …

Virginia V. Sebelius - Association Of American Physicians And Surgeons Amicus Brief, Association Of American Physicians And Surgeons

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Virginia V. Sebelius - Cato Institute Amicus Brief, Cato Institute

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Virginia V. Sebelius - Justice And Freedom Fund Amicus Brief, Justice And Freedom Fund

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Virginia V. Sebelius - Washington Legal Foundation Amicus Brief, Ilya Somin

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Proposal To Reverse The View Of A Confession: From Key Evidence Requiring Corroboration To Corroboration For Key Evidence, Boaz Sangero, Mordechai Halpert

University of Michigan Journal of Law Reform

Both case law and legal literature have recognized that all, and not just clearly statistical, evidence is probabilistic. Therefore, we have much to learn from the laws of probability with regard to the evaluation of evidence in a criminal trial. The present Article focuses on the confession. First, we review legal and psychological literature and show that the probability of a false confession and, consequently, a wrongful conviction, is far from insignificant. In light of this, we warn against the cognitive illusion, stemming from the fallacy of the transposed conditional, which is liable to mislead the trier of fact in …

Adverse Possession, Private-Zoning Waiver & Desuetude: Abandonment & Recapture Of Property And Liberty Interests, Scott Andrew Shepard

University of Michigan Journal of Law Reform

Adverse-possession doctrine labors under a pair of disabilities: a hesitancy by theorists to embrace the abandonment-and-recapture principle that informs the doctrine, and a substantial unwillingness of governments to abandon an antiquated and outmoded maxim shielding them from the doctrine's important work. Removing these disabilities will allow a series of positive outcomes. First, it will demonstrate that all would-be adverse possessors, not just those acting "in good faith" or with possessory intent, should enjoy the fruits of the doctrine. Second, it will provide valuable additional means by which the public may monitor the performance of government employees, and additional discipline to …

Investigating 40 C.F.R. Sec. 124.55(B): State-Court Review Of Npdes Permit Certifications, Tad Macfarlan

University of Michigan Journal of Law Reform

This Note investigates the wisdom and validity of 40 CER. § 124.55(b), a Clean Water Act regulation promulgated by the U.S. Environmental Protection Agency (EPA) as part of the National Pollution Discharge Elimination System (NPDES) permitting program. The Clean Water Act provides affected states with an opportunity to certify federally administered NDES permits before issuance by EPA. State certification is a meaningful moment in water quality regulation, and judicial review of these critical decisions takes place in state courts. Unfortunately, 40 C.ER. § 124.55(b), designed to bring certainty and finality to permit-holders, effectively removes state courts from the process of …

Vol. 40, No. 11 (April 4, 2011)

Indiana Law Annotated

No abstract provided.

18,000 Americans Without Electricity: Illuminating Andsolving The Navajo Energy Crisis, David Tarasi, Christian Alexander, Julie Nania, Bob Gregory

Colorado Environmental Law Journal

No abstract provided.

Leveling Localism And Racial Inequality In Education Through The No Child Left Behind Act Public Choice Provision, Erika K. Wilson

University of Michigan Journal of Law Reform

School district boundary lines play a pivotal role in shaping students' educational opportunities. Living on one side of a school district boundary rather than another can mean the difference between being able to attend a high-achieving resource-enriched school or having to attend a low-achieving resource-deprived school. Despite the prominent role that school district boundary lines play in dictating educational opportunities for students, remedies formulated by the federal judiciary-the institution frequently looked upon to address issues of school segregation and inequality-are ineffective in ameliorating disparities between school districts. They are ineffective because the federal judiciary evidences a doctrinal preference for localism …

Responsibility To Protect, Libya To Japan, Linda A. Malone

Popular Media

No abstract provided.

April 3, 2011: The Legal Background Of Burning The Qur’An, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Legal Background of Burning the Qur’an“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

How Can The Rural Energy Poor Obtain Appropriatesustainable Energy Technologies?, Michael Waggoner

Colorado Environmental Law Journal

No abstract provided.

Raising The Bar On Effective Assistance: Tackling Collateral Consequences Of Criminal Defendants After Padilla V. Kentucky, Russell C. Gabriel, Jessica French, Seann Riley, Gerry Weber

Working in the Public Interest Conferences

Discusses the effects of the U.S. Supreme Court decision in Padilla v. Kentucky on defense attorneys' holistic defense responsibilities. Explores the role of counsel to inform clients of direct and indirect consequences of convictions.