Law Commons^™

Benefit Corporations -- A Sustainable Form Of Organization?, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Legal Writing In The Time Of Recession: Developing Cognitive Strategies For Complex Legal Tasks, Elizabeth Fajans

Faculty Scholarship

No abstract provided.

Offshore Wind Energy Development In Michigan’S Great Lakes: Current Law And Proposed Legislation, Katherine Brady-Medley, Nick Schroeck

Law Faculty Research Publications

Michigan has over 38,000 square miles of state owned Great Lakes bottomlands. However, due to current limits with wind turbine technology, wind farms are restricted to areas on the Great Lakes where the water is less than 30 meters deep. For wind energy to be practicable, wind farms must be close to existing transmission facilities, so that energy generated from the turbines can be distributed to consumers. Construction of a wind energy facility requires heavy machinery and a wind farm site needs a transmission station nearby and underground lines for transmission of power.

For terrestrial wind farms, a developer typically …

Pushing The Limits Of Global Governance: Trading Rights, Censorship And Wto Jurisprudence -- A Commentary On The China-Publications Case, Julia Ya Qin

Law Faculty Research Publications

For decades, China has maintained State import monopoly in cultural products. The opaque State trading operations ensure a maximum level of flexibility and efficacy in the government censorship of imports. The WTO judiciary held in the China-Publicationscase that this practice is inconsistent with China's trading rights commitments under its Accession Protocol and cannot be justified by the public morals exception of the General Agreement on Tariffs and Trade. To comply with the WTO ruling, China must restructure its censorship regime, which it apparently is not prepared to do. This article analyses the implications of the WTO decision and provides a …

Governance: Structuring Our Future, Peter J. Hammer

Law Faculty Research Publications

No abstract provided.

The Dodd-Frank Act's Specialized Corporate Disclosure: Using The Securities Laws To Address Public Policy Issues, David M. Lynn

Journal of Business & Technology Law

No abstract provided.

Investment Adviser Regulation Post-Madoff: A Brave New World, Kevin A. Zambrowicz

Journal of Business & Technology Law

No abstract provided.

Ricci’S Dicta: Signaling A New Standard For Affirmative Action Under Title Vii?, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

This Article argues that Ricci v. DeStefano, while having dealt a blow to disparate impact theory, has not necessarily dealt a fatal blow to affirmative action in the process. Many believe that Ricci has no implications for affirmative action at all since the case’s facts involved no preferences for minorities. However, I believe that dicta in the case suggests how the Court may handle a Title VII affirmative action case in the future, even though I agree that no affirmative action issue was before the Court in Ricci. The key to understanding Ricci and to anticipating the foreseeable future of …

Why Does The Complainant Always Win At The Wto?: A Reputation-Based Theory Of Litigation At The World Trade Organization, Matthew C. Turk

Northwestern Journal of International Law & Business

World Trade Organization (WTO) litigation presents an empirical puzzle: complaining parties "win" close to 90 percent of cases, while standard theories of litigation predict a strong tendency towards a 50 percent plaintiff win-rate. This Article explains the high win-rate by examining the reputational costs and benefits of filing a case. The WTO's lack of centralized enforcement means that the consequence of a judgment is merely to disseminate information that alters a party's reputation for compliance with its trade obligations. Such a "reputational sanction" applies to both losing respondents and complainants. The result is that only cases with a very high …

An Examination Of The Organizational Factors That Contribute To Police Officer Perceived Organizational Support, Dustin Cody Gaines

Theses Digitization Project

The purpose of this research was to examine the effect of various organizational arrangements on police officers' belief that they and their work are valued by the department. This study examines four management domains and their impact on officers' feelings of being valued. These four management domains are: inclusiveness in decision-making, supervisor relationships, professionalism. and communicated direction. The data came from a sample of 176 survey respondents who are patrol officers in a Southern Californian municipal police department.

Closing The Door On Misconduct: Rethinking The Ethical Standards That Govern Summations In Criminal Trials, Daniel S. Medwed

UC Law Constitutional Quarterly

Closing argument is the most pivotal moment in a criminal trial. It represents the last opportunity for prosecutors to convince jurors of the defendant's guilt and for defense lawyers to show reasonable doubt. As a result, criminal lawyers may be tempted to conclude with sweeping arguments that pull at the heartstrings of their target audience, the jury. Scholars dating back to Aristotle have warned that the most persuasive arguments often contain an appeal to emotion-and that emotionally laden rhetoric can distract people from making rational choices.

Legal ethicists have struggled with the issues surrounding closing arguments, trying to reconcile the …

Table Of Contents, Volume 49, Number 1, Winter 2011

Duquesne Law Review

No abstract provided.

The Prodigal Son Returns: Oil And Gas Drillers Return To Pennsylvania With A Vengeance - Are Municipalities Prepared?, John M. Smith

Duquesne Law Review

No abstract provided.

Precedent And Justice, William D. Bader, David R. Cleveland

Duquesne Law Review

No abstract provided.

The Regional Compromise: A Solution To The Debate Between Local Community And National Standards For Evaluating Internet Obscenity Cases, Michael Joyce

Duquesne Law Review

No abstract provided.

The Pennsylvania Legislature Takes A Significant, Though Insufficient, Step Toward Addressing Blight And Tax Delinquency: House Bill 712, The Land Bank Act, Darren M. Belajac

Duquesne Law Review

No abstract provided.

The Second Amendment Right To Keep And Bear Arms Is Enforceable Against The States Through The Due Process Clause Of The Fourteenth Amendment: Mcdonald V. City Of Chicago, Matthew D. Clyde

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 49, Number 2, Spring 2011

Duquesne Law Review

No abstract provided.

Introduction: Constitutional Litigation: Procedural Protections Of Constitutionalism In The Americas…And Beyond, Robert S. Barker

Duquesne Law Review

No abstract provided.

Invocation, Kenneth E. Myers

Duquesne Law Review

No abstract provided.

The Conditions For Effective Constitutional Adjudication: Lessons From Latin America, Anibal Perez-Linan

Duquesne Law Review

No abstract provided.

Constitutional Litigation: Procedural Protections Of Constitutional Guarantees In The Americas, John D. Richard

Duquesne Law Review

No abstract provided.

The Amparo Proceedings In Venezuela: Constitutional Litigation And Procedural Protection Of Constitutional Rights And Guarantees, Allan R. Brewer-Carias

Duquesne Law Review

No abstract provided.

The Costa Rican Constitutional Jurisdiction, Olman A. Rodriguez L.

Duquesne Law Review

No abstract provided.

Constitutional Jurisdiction In Mexico, Jose Gamas Torruco

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 49, Number 3, Summer 2011

Duquesne Law Review

No abstract provided.

Foreword, Joy Flowers Conti

Duquesne Law Review

No abstract provided.

Eric H. Holder, Jr. - Attorney General Of The United States - Duquesne Law School Centennial Speech, February 23, 2011 [Speech]

Duquesne Law Review

No abstract provided.

The Beginning Of The Duqesne Law Review [Reflection], Peter J. King

Duquesne Law Review

No abstract provided.

Completing The Puzzle: Lawyer Assistance And Conditional Admission, Janice M. Holder

Duquesne Law Review

No abstract provided.