Other Law Commons^™

Teaching Torts: Rivalry As Pedagogy, Anita Bernstein

Faculty Scholarship

No abstract provided.

Blame, Praise And The Structure Of Legal Rules, Lawrence Solan

Faculty Scholarship

No abstract provided.

Globetrotting Law Firms, Jayanth K. Krishnan

Articles by Maurer Faculty

Despite the current financial crisis, prestigious American and British law firms continue to maintain a presence in Continental Europe, Latin America, and China. Yet, in one economically fertile, democratic country - India - such global legal powerhouses are scarcely found. This study seeks to understand empirically why there is a general absence of these and other foreign law firms practicing in India. Based on fieldwork and compiled interview data of lawyers, judges, government officials, activists, and clients from India, the United States, and Britain - the latter two being the foreign countries most interested in gaining access to the Indian …

Salt Equalizer, Vol. 2010, Issue 1, Society Of American Law Teachers

SALT Equalizer

Contents of This Issue:

Raquel Aldana & Steven W. Bender, Co-Presidents’ Column, at 1.

Hazel Weiser, Executive Director’s Colum, at 1.

Ngai Pindell, December SALT Teaching Conference Promises Exciting Visions of the Law School of the Future, at 4.

Ruben Garcia, New Law Teachers Pipeline Committee Launches with San Francisco Event, at 4.

Angela Onwuachi-Willig, The New SALT Blog: SALT Members Speak Out, at 5.

Doug Colbert, SALT Forms New Access to Justice Committee, at 6.

Karla McKanders, Human Rights Committee Report, at 7.

Jackie Gardina, LGBT Committee Report, at 8.

Bryan Adamson, Affirmative Action Committee Report, at 9.

Robert …

Fire Pattern Analysis, Junk Science, Old Wives Tales, And Ipse Dixit: Emerging Forensic 3d Imaging Technologies To The Rescue?, Thomas R. May

Richmond Journal of Law & Technology

Forensic science is undergoing a period of transformation as legal and scientific forces converge and force older forensic sciences toward a new scientific paradigm. Fire investigative undertakings are not an exception to this trend. Skeptical defense attorneys who routinely formulate astute Daubert challenges to contest the scientific validity and reliability of every major forensic science discipline are one catalyst to this revolution. Furthermore, a steady influx of novel scientific advances makes possible the formulation of consistent and scientifically-based quantitative forensic evidence analyses to overcome the “undervalidated and oversold” problems affecting many areas of forensic science.

Strange Bedfellows: How The Ncaa And Ea Sports May Have Violated Antitrust And Right Of Publicity Laws To Make A Profit At The Exploitation Of Intercollegiate Amateurism, Andrew B. Carrabis

Barry Law Review

No abstract provided.

Book Review: "For The Common Good: Principles Of American Academic Freedom", David S. Tanenhaus

Scholarly Works

No abstract provided.

Refugee Credibility Assessment And The “Religious Imposter” Problem, Michael Kagan

Scholarly Works

Credibility assessment in refugee status determination (RSD) poses unique challenges when the outcome of asylum applications turns on the question of whether an asylum seeker is actually a member of a persecuted religious minority. These cases require secular adjudicators to delve into matters of religious identity and faith that are, by their nature, subjective and beyond the realm of objective analysis. This Article explores practical means of addressing this challenge through a case study of the RSD interviews of Eritrean asylum seekers in Egypt who based their refugee claims on Pentecostal religious associations. Analysis of the interview methods used in …

Studying And Teaching “Law As Rhetoric”: A Place To Stand, Linda L. Berger

Scholarly Works

This article proposes that law students may find a better fit within the legal culture of argument if they are introduced to rhetorical alternatives to counter narrowly formalist and realist perspectives on how the law works and how judges decide cases. To support this proposal, the article describes and evaluates an upper-level elective course in Law & Rhetoric, which I have offered at two law schools since 2003.

The article makes a two-part argument: first, introducing law students to rhetorical alternatives allows them to envision their role as lawyers as constructive, effective, and imaginative while grounded in law, language, and …

The Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal, Robin Effron

Faculty Scholarship

No abstract provided.

Cooperative Institutions In Cultural Commons, Gregg P. Macey

Faculty Scholarship

No abstract provided.

Virtual Territoriality, Edward J. Janger

Faculty Scholarship

No abstract provided.

The Weiner-Rogers Law Library: An Invaluable Legal Resource, Jeanne Price

Scholarly Works

No abstract provided.

Voting Power Without Responsibility Or Risk--How Should Proxy Reform Address The Decoupling Of Economic And Voting Rights?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Punitive Damages By Numbers: Exxon Shipping Co. V. Baker, Joni Hersch, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The U.S. Supreme Court decision in Exxon Shipping Co. v. Baker is a landmark that establishes an upper bound ratio of punitive damages to compensatory damages of 1:1 for maritime cases, with potential implications for other types of cases as well. This article critiques the Court’s reliance on the median ratio of punitive to compensatory damages in samples of verdicts to set an upper bound for punitive damages awards. Our critique of the approach draws on the properties of statistical distributions and a new analysis of cases with punitive damages awards. The Court’s conclusion that a 1:1 ratio establishes a …

Seeking Alternatives To Marijuana Prohibition, Rachel Kiesel

Honors Program Theses

Marijuana legality is a highly controversial social issue. Although our society continues to be bombarded by negative images of drugs and crime in the media, cultural perceptions regarding marijuana have been changing over the past few years. Today, many people are more accepting of marijuana use than ever before. As a result of these shifting attitudes, several states have taken the initiative to pass new legislation on regulating marijuana with reduced restrictions.

The Interpretation-Construction Distinction, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

The interpretation-construction distinction, which marks the difference between linguistic meaning and legal effect, is much discussed these days. I shall argue that the distinction is both real and fundamental – that it marks a deep difference in two different stages (or moments) in the way that legal and political actors process legal texts. My account of the distinction will not be precisely the same as some others, but I shall argue that it is the correct account and captures the essential insights of its rivals. This Essay aims to mark the distinction clearly!

The basic idea can be explained by …

Richmond Law Magazine: Winter 2010

Richmond Law Magazine

Features:

From Classroom to Courtroom

Civil City

Reinventing Fire

The New Jobs Landscape

Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman

Faculty Publications

No abstract provided.

Foreward (Centennial Issue Of The Oklahoma Law Review), Andrew Coats

Other Faculty Publications

No abstract provided.

On Death And Magic: Law, Necromancy And The Great Beyond, Eric J. Gouvin

Faculty Scholarship

Every now and then, our legal system interacts with the spirit world, whether by virtue of seances being used in establishing the defense in a criminal matter or being used by the prosecution to impugn the defendant, or because of the impact that ghosts may have on stigmatized property or by virtue of houses being built on cemeteries, like in the movie "Poltergeist." Our legal system has an uneasy relationship with the spirit world and this chapter in the book explores that relationship.

Contested Meanings: Achievement And Ambition At An Elite Law School, Deborah Waire Post

Scholarly Works

No abstract provided.

Applying Jewish Legal Theory In The Context Of American Law And Legal Scholarship: A Methodological Analysis, Samuel J. Levine

Scholarly Works

No abstract provided.

The Joint Law Venture: A Pilot Study, Jayanth K. Krishnan

Articles by Maurer Faculty

This pilot study evaluates the effectiveness of law firms entering into joint ventures, an increasingly eyed business model particularly by American and British lawyers seeking to expand into promising financial markets. One country at the center of the joint venture experiment has been Singapore. With the strong encouragement of the Singaporean government (which has long embraced foreign investment), various elite law firms from the United States and Britain have been partnering with domestic Singaporean law firms for over the past decade. Because these foreign firms were traditionally barred from practicing Singaporean law on their own, the ‘joint law venture,’ or …

Policing The Good Guys: Regulation Of The Charitable Sector Through A Federal Charity Oversight Board, Terri Lynn Helge

Faculty Scholarship

Recently, public confidence in the charitable sector has eroded due to a barrage of media reports on scandals and abuses. The principal parties charged with regulation of the charitable sector, the Internal Revenue Service and state attorneys general, are saddled with bureaucratic constraints that make it difficult to enforce the laws governing the fiduciary responsibilities of charity managers. Substantial reform in the regulation of charitable organizations is necessary to curb the reported abuses that have undermined confidence in the charitable sector.

Some advocate expanding private regulation of the charitable sector to improve enforcement of the fiduciary responsibilities of charitable managers. …

The Comparative Nature Of Punishment, Adam Kolber

Faculty Scholarship

No abstract provided.

An Information Prescription For Prescription Drug Regulation, Anita Bernstein, Joseph Bernstein

Faculty Scholarship

No abstract provided.

Museletter: November 2009, Suzanne Corriell

Museletter

This Issue:

An Interview with President-Elect Joyce Manna-Janto

Converting a PDF to a Word File by Kimberly Wiseman Computer Services Coordinator

Let's Get Free: A Hip-Hop Theory of Justice: a Review by Timothy L. Coggins, Associate Dean for Library and Information Services

More Cooperation, Less Uniformity: Tax Deharmonization And The Future Of The International Tax Regime, Steven A. Dean

Faculty Scholarship

No abstract provided.

Faculty Newsletter - Fall 2009, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Faculty Newsletters

This newsletter features discussions about: (i) library renewals, (ii) Faculty Services Librarian David McClure; (iii) liaison reshuffles; (iv) research assistance; (v) interdisciplinary resources -- databases other than Westlaw or Lexis; (vi) US Government Depository status; (vii) coffee in the library; and (viii) the library conference room.