Law Commons^™

Personhood Under The Due Process Clause: A Constitutional Analysis Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996, David M. Grable

Cornell Law Review

No abstract provided.

The Right Of Publicity Under Argentine Law, Guillermo Cabanellas

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Networked Health Information: Assuring Quality Control On The Internet, Kristin B. Keltner

Federal Communications Law Journal

The Clinton Administration's Health Information and Applications Working Group promotes networked health information provided to all citizens through the Internet as one way to lower health care costs while improving the health of Americans. Managed care organizations and private health information providers already use the World Wide Web to disseminate consumer health information to broad segments of society. No standards exist to ensure that the information these Web sites carry is accurate and otherwise free from corruption. Disclaimers as to the reliability of the information as well as to the responsibility of the information provider for any harm caused by …

Section 253 Of The Telecommunications Act Of 1996: A Permanent Physical Appropriation Of Private Property That Must Be Justly Compensated, Jennifer L. Worstell

Federal Communications Law Journal

Section 253 of the Telecommunications Act of 1996 was promulgated in an effort to remove unnecessary regulation by local governments and open up competition among local phone companies, cable providers, and other telecommunications concerns. However, this provision effectively prohibits local governments from managing their rights-of-way. Furthermore, it violates modern Fifth Amendment takings jurisprudence, Section 253 and the first three FCC and court decisions examining it not only have jeopardized effective municipal management and resource allocation discretion, but also have usurped local governments' property rights without just compensation in explicit violation of the United States Constitution.

The Rotten Foundations Of Securitization, David G. Carlson

Articles

No abstract provided.

Southern Ute Indian Tribe V. Amoco Production Company: A Conflict Over What Killed The Canary, Amy Callard

Tulsa Law Review

No abstract provided.

Union Pacific Fuels, Inc. V. Ferc: The Ferc's Ability To Abrogate Natural Gas Transportation Contracts, Harold Glenn Drain

Tulsa Law Review

No abstract provided.

Remarks Index

Tulsa Law Review

No abstract provided.

City Of Boerne V. Flores: Defining The Limits Of Congress's Fourteenth Amendment Enforcement Clause Power, R. Brent Hatcher Jr.

Mercer Law Review

In City of Boerne v. Flores,'the United States Supreme Court held that through the enactment of the Religious Freedom Restoration Act ("RFRA) Congress exceeded its Fourteenth Amendment Enforcement Clause Power. The Court invalidated the statute because of its incongruence and its contradiction of vital principles necessary to maintain the Separation of Powers doctrine.

Raines V. Byrd: A Death Knell For The Congressional Suit?, Adam L. Blank

Mercer Law Review

In Raines v. Byrd, the Supreme Court of the United States denied standing to six members of Congress who challenged the constitutionality of the Line Item Veto Act. In its first consideration of congressional standing in nearly two decades, the Court held that a perceived diminution in institutional voting strength did not create a sufficiently particularized injury in fact to satisfy the Article III "case or controversy" requirement.

Foreword: The Right Of Publicity—Towards A Comparative And International Perspective, F. Jay Dougherty

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Right To Keep And Bear Arms In Light Of Thornton: The People And Essential Attributes Of Sovereignty, Kevin J. Worthen

BYU Law Review

Few people think about gun control and term limits in the same way. They generally favor one or the other, but not both or neither. The thesis of this Article, however, is that the two concepts are connected - or at least that the Framers of the United States Constitution would have found a connection between the two - and that theconnection between the two affects the way we should think about the subjects.This Article asserts that the two concepts are related because both gun control and term limits can infringe on the right of the people as ultimate sovereign …

A Constitution Of Democratic Experimentalism, Michael C. Dorf, Charles F. Sabel

Cornell Law Faculty Publications

In this Article, Professors Dorf and Sabel identify a new form of government, democratic experimentalism, in which power is decentralized to enable citizens and other actors to utilize their local knowledge to fit solutions to their individual circumstances, but in which regional and national coordinating bodies require actors to share their knowledge with others facing similar problems. This information pooling, informed by the example of novel kinds of coordination within and among private firms, both increases the efficiency of public administration by encouraging mutual learning among its parts and heightens its accountability through participation of citizens in the decisions that …

Do Case Outcomes Really Reveal Anything About The Legal System? Win Rates And Removal Jurisdiction, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

General Observations on Interpreting Win-Rate Data Properly. Many empirical legal studies use data on plaintiffs' rate of success, because of those data's ready availability and apparent import. Yet these "win rates" are probably the slipperiest of all judicial data. Win rates are inherently ambiguous because of the case-selection effect. The litigants' selection of the cases brought produces a biased sample from the mass of underlying disputes. The settlement process, usually conducted by rational and knowledgeable persons who take into account and thereby neutralize the very factor that one would like to study, produces a residue of litigated cases for which …

Inherent Powers In The Crucible Of Lawyer Self-Protection: Reflections On The Llp Campaign, Charles W. Wolfram

Cornell Law Faculty Publications

Law Practice Of U.S. Attorneys In Mexico And Mexican Attorneys In The United States: A Status Report, Steven C. Nelson

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Muddying The Water: Electronic Benefits Transfer After The Welfare Reform Act Of 1996, Kathryn O'Neill Pulliam

Georgia State University Law Review

No abstract provided.

Failing To Score: Clinton V. Jones And Claims Of Presidential Immunity, Jennifer Motos

Mercer Law Review

In Clinton v. Jones, the United States Supreme Court held that the Constitution does not afford the President temporary immunity from civil damages litigation arising out of events that occurred prior to his taking office absent the most unusual circumstances.

Printz V. United States: Tenth Amendment Limitations On Federal Access To The Mechanisms Of State Government, Kevin Todd Butler

Mercer Law Review

In Printz v. United States, the Supreme Court addressed the Tenth Amendment's protection of state sovereignty, a significant issue in the contemporary debate on the nature of United States federalism. Striking a key provision of the Brady Handgun Violence Prevention Act ("Brady Act") as unconstitutional, the Court expanded Tenth Amendment limitations on the federal government's access to the mechanisms of state government. The Court decision implicated issues bearing on the commerce power and the power of Congress to enlist state compliance with federal policy objectives.

Reno V. American Civil Liberties Union: First Amendment Free Speech Guarantee Extended To The Internet, Rafic H. Barrage

Mercer Law Review

In Reno v. American Civil Liberties Union, the United States Supreme Court considered the constitutionality of two provisions of the Communications Decency Act ("CDA") of 1996. At issue was the validity of the "indecent" transmission and "patently offensive" display provisions of the CDA that attempted to regulate Internet content with the objective of protecting minors from harmful material. The Court struck down both provisions as violative of the First Amendment right to free speech.

Conceptual Gulfs In City Of Boerne V. Flores, Douglas Laycock

William & Mary Law Review

No abstract provided.

Harmonizing The Japanese Patent Sytem With Its U.S. Counterpart Through Judge-Made Law: Interaction Between Japanese And U.S. Case Law Developments, Toshiko Takenaka

Washington International Law Journal

Japanese jurisprudence has been strongly influenced by German jurisprudence, but this trend is changing because more legal professionals including judges, patent attorneys and patent office examiners study at U.S. Law Schools. Some recent Japanese court decisions reflect this strong influence from U.S. jurisprudence. Particularly, the influence is significant in the field of patent claim interpretation, courts' power to review the validity, parallel importation and patent infringement damages. This article concludes that there are few significant differences remaining between the U.S. and Japanese patent laws, and Japanese courts' eagerness to adopt U.S patent law significantly contributes to harmonizing the remaining differences.

Professional Responsibility And Liability Issues Related To Limited Liability Law Partnerships, Susan Saab Fortney

Faculty Scholarship

This article surveys the professional responsibility and liability issues related to attorneys practicing in limited liability law firms. Part I of this article provides background information regarding the development of the limited liability partnership (LLP) and its popularity among legal professionals. Part II tackles the 1996 ethics opinion on LLPs rendered by the American Bar Association Standing Committee on Ethics and Professional Responsibility. This article criticizes the ABA opinion by examining the conclusions and reasoning articulated in the opinion, indentifying disciplinary rules that the opinion did not address, and considering the possible effects of the opinion. Part III focuses on …

Publicity Rights In The Common Law Provinces Of Canada, Robert G. Howell

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The French Right Of Image: An Amiguous Concept Protecting The Human Persona, Elisabeth Logeais, Jean-Baptiste Schroeder

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Right Of Publicity Under Italian Civil Law, Silvio Martuccelli

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Future Of Islamic Legal Arguments In International Boundary Disputes Between Islamic States, William Samuel Dickson Cravens

Washington and Lee Law Review

No abstract provided.

Blood Ties: A Rationale For Child Visitation By Legal Strangers, John Dewitt Gregory

Washington and Lee Law Review

No abstract provided.

Is Emissions Trading An Economic Incentive Program?: Replacing The Command And Control/Economic Incentive Dichotomy, David M. Driesen

Washington and Lee Law Review

No abstract provided.

Capital Punishment And The Courts-Martial: Questions Surface Following Loving V. United States, Christine Daniels

Washington and Lee Law Review

No abstract provided.