Law Commons^™

State Constitutional Design And Education Reform: Process Specification In Louisiana, Scott R. Bauries

Law Faculty Scholarly Articles

As to education, the Louisiana Constitution contains the familiar general mandate for the establishment of a public school system, now ubiquitous among state constitutions. But unlike the founding documents of any of the other states, Louisiana's constitution also provides for a very specific process-based allocation of the responsibilities for determining appropriations levels in education from year to year.

It is well-known that state constitutions often treat numerous—sometimes trivial—subjects, or contain provisions that seem hyper-specific and statutory, rather than foundational and constitutional, and state constitutions have been roundly criticized (and sometimes defended) for these features. In this Article, I argue that …

Institutional Repositories: A Plethora Of Possibilities, Carol A. Watson, James M. Donovan

Law Faculty Scholarly Articles

The law library can be a major contributing partner to the success of its law school by establishing a digital repository to preserve and promote the institution's intellectual memory. Today's law school repositories have matured to include many more types of materials than simply faculty law review and journal articles. Librarians are ideally poised to capture, organize and preserve their institution's history in this new and powerful showcase.

Partner Capture In Public International Organizations, Christopher G. Bradley

Law Faculty Scholarly Articles

A sharp rise of public-private partnerships is changing the way the United Nations and other public international organizations work. Organizations eagerly embrace wealthy, experienced partners, such as major foundations and corporations, in order to fund ambitious projects. But safeguards against potential problems have not kept pace with partnership activities. Looking to fundamental principles of public choice and political economy well-known in the U.S. administrative law context, this Article develops a multifaceted notion of “partner capture” to describe the dangers of this expansion in partnership activities for the U.N. and similar organizations. The dangers include agenda distortion, intra-organizational rivalries, reputational damage, …

2011 Legislative Briefing Book, Nevada Institute For Children’S Research And Policy, Unlv, School Of Community Health Sciences, Denise Tanata Ashby, Amanda Haboush, Stefanie Molicki, Tara Phebus, Kari Wolkwitz, Amie Fender

Nevada Institute for Children's Research and Policy Reports

The purpose of this Legislative Briefing Book is to provide a quick snapshot of some of the most pressing issues facing Nevada’s children in order to provide advocates and policymakers with a stepping stone in creating positive changes to improve the lives of Nevada’s children. While this book will not cover every issue facing our children, it is intended to highlight some of those where state policy may have an impact, covering issues in education, health, safety and security, and the juvenile justice system. Diligent efforts need to be made during the 2013 Legislative Session to improve policies, procedures and …

Public Health Bill Draft Requests - 2011 Nv Legislative Session, Nevada Institute For Children's Research And Policy Reports

Nevada Institute for Children's Research and Policy Reports

Public Health Bill Draft Requests - 2011 NV Legislative Session

The Procedure Of Election Law In Federal Courts, Joshua A. Douglas

Law Faculty Scholarly Articles

Election law scholars have paid scant attention to the different procedures by which courts decide election law cases. Further, there has been little exploration of the reasons why certain processes exist, and there is even less discussion of which procedures are best for election law cases. One commentator has advocated for state legislatures to define clearly certain procedural matters for election contests, including: “(1) who can be a contestant; (2) what standard of evidence to require; and (3) how to expedite contests.” But there are more fundamental and foundational questions: What goals are we trying to achieve in enacting special …

Property In Law: Government Rights In Legal Innovations, Stephen Clowney

Law Faculty Scholarly Articles

One of the most enduring themes in American political thought is that competition between states encourages legal innovation. Despite the prominence of this story in the national ideology, there is growing anxiety that state and local governments innovate at a socially suboptimal rate. Academics have recently expressed alarm that the pace of legal experimentation has become "extraordinarily slow," "inefficient," and "less than ideal." Ordinary citizens, too, seem concerned that government has been leeched of imagination and the dynamic spirit of experimentation; both talk radio programs and newspapers remain jammed with complaints about legislative gridlock and do-nothing politicians who cannot, or …

State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries

Law Faculty Scholarly Articles

This Article begins by reviewing Wesley Newcomb Hohfeld's “fundamental conceptions” and expanding his theory to the arena of state constitutional rights, building on recent work by other scholars. From this foundation, it moves to a discussion of the sources of rights to education. The Article then examines the text of relevant state constitutional provisions, as well as the ever-changing landscape of school finance litigation, the principal vehicle through which litigants assert constitutional claims based on ostensible education rights. Next, it systematically analyzes the population of reported cases from the highest state courts to identify Hohfeldian conceptions of education rights held …

Normative Justifications For Lax (Or No) Corporate Fiduciary Duties: A Tale Of Problematic Principles, Imagined Facts And Inefficient Outcomes, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

Corporate fiduciary duty standards are at an all-time low in this country. Ironically, the deterioration in standards has come to full maturity during the last two decades, a period of significant and notorious corporate managerial failures.

The deterioration in the standards by which we measure the appropriateness of the actions of corporate managers has been fueled by influential judges' and scholars' ("Advocates"'), who vigorously-and seemingly quite effectively-argue in favor of a lax fiduciary duty regime for corporate managers.

Normative justifications for lax corporate fiduciary duty standards, however, are weak. The justifications fail to provide a persuasive reason to abandon the …

Connecticut's Fourth Congressional District: History, Politics, And The Maverick Tradition, Gary L. Rose

Sacred Heart University Press Books

Connecticut's Fourth Congressional District: History, Politics, and the Maverick Tradition is a case study of one of the most unique congressional districts in the United States. Located in Fairfield County, the fourth district is a bedroom community close to New York City. The district's close proximity to Wall Street, the tendency of the district's constituents to elect free-thinking congresspersons, and the wealth and celebrity status of many district residents have resulted in a setting which can be described as an anomaly in the larger context of congressional politics. Contents: Introduction -- Connecticut's Fourth Congressional District: geography and demographics -- A …

Introduction, The Constitution Of The State Of Connecticut, Gary L. Rose

Political Science & Global Affairs Faculty Publications

Gary Rose has written the introduction to The Constitution of the State of Connecticut, published by Sacred Heart University Press in 2011. This introduction outlines the history of the document drafted in "The Constitution State". The constitutional tradition can be traced to the Fundamental Orders of 1639, drafted by representatives from three Connecticut River towns. In 1662 the Fundamental Orders were replaced by a Royal Charter, formally recognizing Connecticut's system of self-government. Later, the Constitution of 1818 proved to be very effective and served the people of Connecticut until 1965, when a new constitution was again drafted and adopted. …

Can Allocation By Sortition Resolve The Connecticut Education-Financing Impasse?, A. E. Rodriguez, Lesley Denardis

Political Science & Global Affairs Faculty Publications

It has been over 40 years since Connecticut amended its Constitution to ensure citizens a right to a free public education. Despite the constitutionally prescribed right, dramatic inequities in educational conditions continued to characterize the state's K-12 educational system, especially between suburban/rural white and urban minority school districts. In the 1970s plaintiffs challenged the prevailing mechanism for allocating education funds with a host of court cases that tackled the thorny question of how much financial responsibility the state should assume to equalize the spending disparities between school districts. Prodded by court decisions, many formulas and approaches have been proposed by …

Small Business Strategies Series: Patents & Trademarks, Robert Berry

Librarian Publications

A November 14 2011 presentation by Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.

Trumbull Library System, Business Program: Patents & Business Intelligence, Amy Jansen, Robert Berry

Librarian Publications

A November 10, 2011 presentation by Amy Jansen, Business Librarian at Sacred Heart University and Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.

Business Roundtable: Patents & Trademarks, Robert Berry

Librarian Publications

An October 2011 presentation by Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.

The Perils Of Shareholder Voting On Executive Compensation, Minor Myers

Faculty Scholarship

No abstract provided.

What Did Jesus Do: Answering Religious Conservatives Who Oppose Bullying Prevention Legislation, Daniel B. Weddle, Kathryn E. New

Faculty Works

Conservative Christian organizations assert that anti-bullying programs are a stealth effort by gay activists to introduce into American schools an aggressive lesbian, gay, bisexual, transgender (LGBT) agenda. They contend that legislation and bullying prevention programs that mention gays are an attempt to indoctrinate children to embrace homosexual lifestyles; tolerate homosexual behavior; and celebrate homosexuality, bisexuality, and transgender identity. These voices are having an impact on state legislatures and the damage is immense. Educational research has made clear the devastating effects of bullying upon children, and LGBT students are among the most often targeted and least protected students. Given that schools …

The Search For An Unbiased Fiduciary In Corporate Reorganizations, Michelle M. Harner

Faculty Scholarship

When a company experiences financial distress, a control contest often follows. Management fights to remain in control of the company, and shareholders, creditors and others try to influence management’s exercise of that control—or wrest it away. This is not a new phenomenon. The degree of influence now exerted by corporate stakeholders in the distressed context, however, is strikingly different than in the past. Recent headlines highlight that stakeholder control issues are at the forefront of financially-distressed situations large and small. The U.S. government, as creditor, dictated the terms of Chrysler’s and General Motors’ bankruptcies. It also demanded and received preferred …

Understanding Exclusion Of The Cisg: A New Paradigm Of Determining Party Intent, William P. Johnson

Buffalo Law Review

No abstract provided.

Trademark Infringement, Trademark Dilution, And The Decline In Sharing Of Famous Brand Names: An Introduction And Empirical Study, Robert Brauneis, Paul Heald

Buffalo Law Review

No abstract provided.

The Supreme Court’S Love–Hate Relationship With Miranda, Kit Kinports

Journal of Criminal Law and Criminology

No abstract provided.

The Search For Rapists’ “Real” Motives, David P. Bryden, Maren M. Grier

Journal of Criminal Law and Criminology

No abstract provided.

Class Matters, Erica J. Hashimoto

Journal of Criminal Law and Criminology

No abstract provided.

The Proper Remedy For A Lack Of Batson Findings: The Fall-Out From Snyder V. Louisiana, William H. Burgess, Douglas G. Smith

Journal of Criminal Law and Criminology

No abstract provided.

Everybody’S Got A Price: Why Orange County’S Practice Of Taking Dna Samples From Misdemeanor Arrestees Is An Excessive Fine, Michael Purtill

Journal of Criminal Law and Criminology

No abstract provided.

Children Of Incarcerated Parents: The Child’S Constitutional Right To The Family Relationship, Chesa Boudin

Journal of Criminal Law and Criminology

No abstract provided.

A Law Of Passion, Not Of Principle, Nor Even Purpose: A Call To Repeal Or Revise The Adam Walsh Act Amendments To The Bail Reform Act Of 1984, Michael R. Handler

Journal of Criminal Law and Criminology

No abstract provided.

The Criminalization Of Lying: Under What Circumstances, If Any, Should Lies Be Made Criminal?, Bryan H. Druzin, Jessica Li

Journal of Criminal Law and Criminology

No abstract provided.

Repudiating Death, William W. Berry Iii

Journal of Criminal Law and Criminology

No abstract provided.

American Policing At A Crossroads: Unsustainable Policies And The Procedural Justice Alternative, Stephen J. Schulhofer, Tom R. Tyler, Aziz Z. Huq

Journal of Criminal Law and Criminology

No abstract provided.