Law Commons^™

Abandoning Law Reports For Official Digital Case Law, Peter W. Martin

Cornell Law Faculty Working Papers

In 2009, Arkansas ended publication of the Arkansas Reports. Since 1837 this series of volumes, joined in the late twentieth century by the Arkansas Appellate Reports covering the state's intermediate court of appeals, had served as the official record of Arkansas's case law. For all decisions handed down after February 12, 2009, not books but a database of electronic documents “created, authenticated, secured, and maintained by the Reporter of Decisions” constitute the “official report” of all Arkansas appellate decisions.

The article examines what distinguishes this Arkansas reform from the widespread cessation of public law report publication that occurred during the …

January 18, 2011: So, Is This The Post-Secular Age Or Not?, Bruce Ledewitz

Hallowed Secularism

Blog post, “So, is this the post-secular age or not?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Liberty University V. Geithner - Brief For Appellants, Liberty University

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Vol. 40, No. 01 (January 18, 2011)

Indiana Law Annotated

No abstract provided.

Harrington V. Richter: Aedpa Deference And The Right To Effective Counsel, Kara Duffle

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Brief For Respondent, Duryea, Pa. V. Guarnieri, 564 U.S. 379 (2011) (No. 09-1476), 2011 Wl 175871, Cynthia L. Pollick, Eric Schnapper

Court Briefs

No abstract provided.

Vat Fraud: The Tradable Services Problem, Richard Thompson Ainsworth

Faculty Scholarship

Tradable services – VoIP termination services, mobile minutes, software as a service (SaaS), or almost any service bought or sold in the “cloud” – are a distinct class of taxable supplies. These service-based supplies both resemble and differ fundamentally from goods. They also differ from services that are consumed-on-purchase (consumed services).

Tradable services are designed from the beginning for re-sale. They are hybrid supplies that behave commercially like goods, but have functional attributes that make them hard to distinguish from services generally. When determining the place of supply/ place of taxation for these kinds of supplies, their hybrid character presents …

January 14, 2011: The Atheist Wars, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Atheist Wars“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Evaluating Applicants’ Writing Samples: A Short Guide For Hiring Partners, Gabriel H. Teninbaum

Suffolk University Law School Faculty Works

This article gives advice to hiring partners about what to look for, and what not to look for, when evaluating an applicant’s writing sample.

The Demise Of “Drive-By Jurisdictional Rulings”, Howard M. Wasserman

NULR Online

In an October 2009 Term marked by several significant constitutional rulings, the Supreme Court quietly continued an important multi-term effort towards defining which legal rules properly should be called "jurisdictional." In each of four cases that considered the issue, the Court unanimously rejected a jurisdictional characterization of the challenged legal rule. These cases continue an almost uninterrupted retreat from the Court's admittedly "profligate" and "less than meticulous" use of the term. The Court now rejects "drive-by jurisdictional rulings," in which a legal rule has been labeled as jurisdictional only through "unrefined" analysis, without rigorous consideration of the label's meaning or …

Dean Lauren Robel Named President-Elect Of American Association Of Law Schools

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Maurer Dean Chosen President-Elect Of National Law School Association

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Kali Tree Top V. Robin Lebeau, And Lynn Lecompte, Frank Pommersheim

Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim

No abstract provided.

Encouraging Private Investment In Energy Efficiency, Sarah Schindler

Sturm College of Law: Faculty Scholarship

Combating the negative effects of climate change requires finding ways to increase energy production while reducing energy demand. Many states have programs in place to encourage home and business owners to improve the energy efficiency of their buildings. Despite the clear financial and environmental benefits that result from energy efficiency upgrades, most people have not taken advantage of the programs being offered by their states. This paper begins by addressing the structure of federal and state energy efficiency programs, as well as the existing funding for those programs. It then describes key barriers that prevent energy efficiency programs from motivating …

Law Library Room Reservation Policy, Georgia State University Law Library

Law Library Policies

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Genetic And Environmental Influences In Delinquent Peer Affiliation: From The Peer Network Approach, Ilhong Yun, Jinseong Cheong, Anthony Walsh

Criminal Justice Faculty Publications and Presentations

Mainstream criminologists have long maintained that delinquent peer group formation is largely a function of family-environmental variables, and have ignored self-selection into peer groups because of genetic proclivities. A small number of recent studies, however, suggest that genes are implicated in delinquent peer affiliation. Given the potentially far-reaching implication of such research findings, the authors replicate Beaver, Wright, & DeLisi's (2008) study, among others, using a direct measure of peer delinquency. That is, the authors analyze the Add Health genetic data employing a measure of peer delinquency which is based on the delinquency counts reported by peers themselves rather than …

In Memory Of Professor Thomas J. Holdych, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Jan. 10, 2011, Ifc, Review-Update Policy And Performance Standards, Ifc

IFC E&S Performance Standards

No abstract provided.

Good Faith In Revlon-Land, Christopher M. Bruner

Scholarly Works

The Delaware Supreme Court has set a very high hurdle for plaintiffs challenging directors' good faith in the sale of a company. In Lyondell Chemical Company v. Ryan, the court held that unconflicted directors could be found to have breached the good faith component of their duty of loyalty in the transactional context only if they "knowingly and completely failed to undertake," and "utterly failed to attempt" to discharge their duties.

In this essay I argue that the Lyondell standard effectively imports into the transactional context the exacting standard previously applied in the oversight context — a move clearly aimed …

January 9, 2011: The Violence Of The Secular, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Violence of the Secular“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Aftermath Of The Exxon Valdez Oil Spill, Basil Borisov

Student Works

No abstract provided.

Snyder V. Phelps: First Amendment Boundaries On Speech-Based Tort Claims, Michael Villeggiante

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Fortress Canada: Circling The Wagons Against Asylum-Seekers, Peter Showler

Migration and Ethnic Relations Colloquium Series

No abstract provided.

"Don't Ask, Don't Tell" - Except In A Job Interview: The Discriminatory Effect Of The Policy On A Veteran's Employment, Amanda Alquist Pope

Legislation and Policy Brief

A United States military veteran’s ability to receive benefits, such as preference in federal employment is, in part, based upon the reason for discharge. Lesbian, gay, or bisexual (LGB) members of the military may be dishonorably discharged under the “policy concerning homosexuality in the armed forces,” commonly referred to as “Don’t Ask, Don’t Tell” (DADT). Under this policy, the reason for discharge on a service member’s papers may be listed as “homosexual conduct,” “homosexual act,” or “homosexual admission.” One major discriminatory effect of this policy is that, given the narrative reason that appears on the dis-charge form, this policy effectively …

Religious Exemption Or Exceptionalism? Exploring The Tension Of First Amendment Religion Protections & Civil Rights Progress Within The Employment Non-Discrimination Act, Richael Faithful

Legislation and Policy Brief

The District of Columbia (D.C.) marked a landmark civil rights achievement in December 2009 when the city passed the Religious Freedom and Civil Marriage Equality Amendment Act. The law’s enactment allowed D.C. to become the sixth jurisdiction to sanction same-sex marriage in the United States. Supporters hailed the law as a victory for lesbian and gay equality, while detractors vowed that their efforts to traditionally define marriage would continue.

Among the most public opponents of the law was the Catholic Archdiocese of Washington, which operates Catholic Charities, a leading service provider to low-income residents in the metropolitan area. The Catholic …

Credit Default Swaps And Clearing, Nazanin Baseri

Legislation and Policy Brief

In an article from 2000, an investigative journalist from The Banker warned against the hidden dangers of credit default swaps (CDS). Although CDSs can be a useful financial instrument for the banking industry, the article warned of the anonymity of credit derivatives, lack of transparency, and the potential for disaster. In an unfortunately accurate conclusion, the journalist opined that a crisis might occur because banks may not put in place the proper risk control systems in time to avert a disaster. Fast forward eight years and the financial meltdown of 2008 developed into one of the largest economic disasters in …

War Courts: Terror's Distorting Effects On Federal Courts, Collin P. Wedel

Legislation and Policy Brief

In recent years, federal courts have tried an increasing number of suspected terrorists. In fact, since 2001, federal courts have convicted over 403 people for terrorism-related crimes. Although much has been written about the normative question of where terrorists should be tried, scant research exists about the impact these recent trials have had upon the Article III court system. The debate, rather, has focused almost exclusively upon the proper venue for these trials and the hypothetical problems and advantages that might inhere in each venue.

The war in Afghanistan, presenting a host of thorny legal issues, is now the longest …

January 6, 2011: So Why Isn’T The Food Bill Unconstitutional?, Bruce Ledewitz

Hallowed Secularism

Blog post, “So Why Isn’t the Food Bill Unconstitutional?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Ragen V. Ministry Of Transport, Elyakim Rubinstein, Salim Joubran, Yoram Danziger

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.]

This Petition concerns bus lines operated by the Second and Third Respondents, where segregation between men and women had become customary. It was argued that these arrangements violate the principle of equality, the constitutional right to dignity and to freedom of religion and conscience and that they have been put in place without lawful authorization. Against the First Respondent (hereinafter: the Respondent) it was …