Law Commons^™

Restoring Tortiously Damaged Human Capital Tax-Free Under Internal Revenue Code Section 104(A)(2)'S New Physical Injury Requirement, F. Philip Manns Jr.

Buffalo Law Review

No abstract provided.

Rearranging The Deck Chairs: Endangered Species Act Reforms In An Era Of Mass Extinction, Patrick A. Parenteau

William & Mary Environmental Law and Policy Review

No abstract provided.

Introduction To The Symposium: Species Protection And Development: Implications Of United States Law And Policy On National And International Land Use, Scott D. Mcbride, Robert Johnson

William & Mary Environmental Law and Policy Review

No abstract provided.

Globalizing The Environment, David A. Wirth

William & Mary Environmental Law and Policy Review

No abstract provided.

Butterflies, Cave Spiders, Milk-Vetch, Bunchgrass, Sedges, Lilies, Checker-Mallows And Why The Prohibition Against Judicial Balancing Of Harm Under The Endangered Species Act Is A Good Idea, Federico Cheever

William & Mary Environmental Law and Policy Review

No abstract provided.

The Illegality Of Unilateral Trade Measures To Resolve Trade-Environment Disputes, Kevin C. Kennedy

William & Mary Environmental Law and Policy Review

No abstract provided.

The Morality Of Regulation, Loren A. Smith

William & Mary Environmental Law and Policy Review

No abstract provided.

Civility A Speech Delivered By Associate Justice Clarence Thomas To Students At Washington And Lee University School Of Law Lexington, Virginia Tuesday, March 10, 1998, Clarence Thomas

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Ancestry And Casino Dollars In The Formation Of Tribal Identity, Eric Henderson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Future Of Federal Disadvantaged Business Enterprise Programs:Did The Supreme Court's Decision Iin Adarand Constructors V. Pena Really Make A Difference?, Jennifer L. Haynes

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Environmental Racism And Hazardous Facility Siting Decisions: Noble Cause Or Political Tool?, Christopher Billias

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Court Disregards Legislative History Of The Civil Rights Act Of 1991 And Bucks Current Trends Regarding Punitive Damages, Michael J. Wise

University of Dayton Law Review

Kolstad v. American Dental Ass'n, 108 F.3d 1431 (D.C. Cir. 1996).

(React): Remote Electronically Activated Technology Stun Belt, Kevin Pyle

City University of New York Law Review

No abstract provided.

Clark Memorandum: Spring/Summer 1998, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Remembering Lincoln the Lawyer (Kelly L. Anderson)
• Mourning Boerne (Hugh Hewitt)
• Religious Freedom and the LDS Law Community (W. Cole Durham, Jr.)
• Weimar on the Wasatch? (Timothy E. Flanigan)
• Civility (Patrick A. Shea)

The Death Knell For School Expulsion: The 1997 Amendments To The Individuals With Disabilities Education Act , Theresa J. Bryant

American University Law Review

No abstract provided.

The Founding Of The Washington College Of Law: The First Law School Established By Women For Women, Mary L. Clark

American University Law Review

No abstract provided.

Identifying The Enemy In The War On Drugs: A Critique Of The Developing Rule Permitting Visual Identification Of Indescript White Powder In Narcotics Prosecutions , Michael D. Blanchard, Gabriel J. Chin

American University Law Review

No abstract provided.

Same-Sex Sexual Harassment Claims After Oncale: Defining The Boundaries Of Actionable Conduct , Richard F. Storrow

American University Law Review

No abstract provided.

Romantic And Electronic Stalking In A College Context, Rebecca K. Lee

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Focus On Fairness, Efficiency, And The Law: Response. Efficiency And Equity: What Else Can Be Gained By Combining Coase And Rawls, Russell B. Korobkin, Thomas S. Ulen

Washington Law Review

Professors Swygert and Yanes seek to bring efficiency and equity to bear explicitly on the economic analysis of law by merging Rawlsean social contract philosophy into law and economics' basic premise, the Coase Theorem. We are in complete agreement with Swygert and Yanes that good legal policy should be concerned with both efficiency and equity, and we welcome their attempt to merge the two as a useful step in an important debate. Ultimately, though, we are unconvinced by their argument as it currently stands for two reasons. First, by focusing only on the way in which their approach might affect …

Focus On Fairness, Efficiency, And The Law. A Unified Theory Of Justice: The Integration Of Fairness Into Efficiency, Michael I. Swygert, Katherine Earle Yanes

Washington Law Review

An idea generally shared by both economists and philosophers is that a legal rule may either achieve distributive fairness or bring about an efficient outcome, but not both. In this Article, the authors argue that justice requires that legal rules consider both fairness and efficiency. The Article discusses the Coase Theorem, as a tool for determining the most efficient allocation of rights and duties, and the ideas of John Rawls for deriving a fair social contract. The authors then combine aspects of these two hypothetical consensus models into a unified theory of justice that considers the question of what agreements …

Riss V. Angel: Washington Remodels The Framework For Interpreting Restrictive Covenants, Casey J. Little

Washington Law Review

In Riss v. Angel, the Supreme Court of Washington declared that in disputes between subdivision homeowners, courts must construe restrictive covenants to give effect to the covenants' intended purposes by considering surrounding circumstances to protect the homeowners' collective interests. The court further held that when restrictive covenants grant discretion to architectural review committees (ARCs) to approve new construction or remodels, ARCs or other homeowners association committees that enforce such covenants must exercise their authority reasonably and in good faith. Riss represents a departure from prior precedent that required courts to construe strictly the terms of restrictive covenants to limit …

The Property Scope Of Habeas Corpus Review In Civil Removal Proceedings, Andrea Lovell

Washington Law Review

The Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), two 1996 amendments to the Immigration and Nationality Act, eliminated direct judicial review in the federal courts of appeals of final removal orders for aliens convicted of certain enumerated crimes. The legislation also appears to limit the habeas corpus jurisdiction of the federal district courts. While most circuit courts agree that some degree of habeas corpus review of removal orders is constitutionally mandated, several have interpreted AEDPA and IIRIRA as limiting the scope of that review. This Comment argues that the scope …

Capitalizing The Target's Transaction Costs In Hostile Takeovers, David J. Roberts

Washington Law Review

In A.E. Staley Manufacturing Co. v. Commissioner, the Court of Appeals for the Seventh Circuit held that costs a corporation incurred to resist a hostile takeover were analogous to costs incurred to defend a business against attack and thus qualified as ordinary and necessary business expenses deductible under Internal Revenue Code section 162. Alternatively, the court held that those costs associated with abandoned capital transactions qualified for loss deductions under section 165. This Note argues that although the court reached approximately the right result in this case, its primary reliance on a defense of business rationale for deductibility under …

Law Library Illuminations, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

The New Normativity: The Abuse Excuse And The Resurgence Of Judgment In The Criminal Law, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

This article reviews Moral Judgment: Does the Abuse Excuse Threaten Our Legal System? by James Q. Wilson (1997).

There is growing interest within the academy in reviving the "normative" in criminal law scholarship. Enter a recent book, Moral Judgment, by the distinguished criminologist James Q. Wilson. Professor Wilson's work prompts the question: What is meant by the term ''judgment"? Considering three different models--judgment as community, judgment as character, and judgment as critique--this review argues that Professor Wilson's idea of judgment both departs from the "new normativity" in existing scholarship and shows how easily ''judgment" may stand in for partial …

Museletter: April 1998, Brandon D. Quarles

Museletter

Table of Contents:

Lexis and Westlaw Via the Web by Brandon D. Quarles, Reference/Research Services Librarian

Internet Site of the Month by Darla Haney, Reference/Research Services Librarian

Copy Record -- Friend or Foe? by Sally Wambold, Technical Services Librarian

Preservation of Library Materials

Reminders

Law Week 1998, North Carolina Central School Of Law

Law Week Guides

No abstract provided.

Memorial Dedication To Justice William J. Brennan, Jr., Stephen Reinhardt

Loyola of Los Angeles Law Review

No abstract provided.

Memorial Dedication To Justice William J. Brennan, Jr., Michael Rubin

Loyola of Los Angeles Law Review

No abstract provided.