Fire Pattern Analysis, Junk Science, Old Wives Tales, And Ipse Dixit: Emerging Forensic 3d Imaging Technologies To The Rescue?, 2010 University of Richmond
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.
Book Review: "For The Common Good: Principles Of American Academic Freedom", 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law
Book Review: "For The Common Good: Principles Of American Academic Freedom", David S. Tanenhaus
Scholarly Works
No abstract provided.
Punitive Damages By Numbers: Exxon Shipping Co. V. Baker, 2010 Vanderbilt University Law School
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 …
Globetrotting Law Firms, 2010 Indiana University Maurer School of Law
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 …
The Joint Law Venture: A Pilot Study, 2010 Indiana University Maurer School of Law
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 …
The Weiner-Rogers Law Library: An Invaluable Legal Resource, 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law
The Weiner-Rogers Law Library: An Invaluable Legal Resource, Jeanne Price
Scholarly Works
No abstract provided.
Applying Jewish Legal Theory In The Context Of American Law And Legal Scholarship: A Methodological Analysis, 2010 Touro University Jacob D. Fuchsberg Law Center
Applying Jewish Legal Theory In The Context Of American Law And Legal Scholarship: A Methodological Analysis, Samuel J. Levine
Scholarly Works
No abstract provided.
Refugee Credibility Assessment And The “Religious Imposter” Problem, 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law
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, 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law
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 Technology Of Law, 2010 University of Pittsburgh School of Law
The Technology Of Law, Bernard J. Hibbitts
Articles
This paper argues that contemporary fascination with the law of technology (IP, cyberlaw, etc.) has led us to overlook the fundamental impact of the "technology of law," and offers suggestions for creating "neterate" lawyers more comfortable with and cognizant of technology itself. The author describes how the legal news service JURIST implements many of these suggestions and provides a unique learning experience for its law student staffers.
The Interpretation-Construction Distinction, 2010 Georgetown University Law Center
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 …
Cooperative Institutions In Cultural Commons, 2010 Brooklyn Law School
Cooperative Institutions In Cultural Commons, Gregg P. Macey
Faculty Scholarship
No abstract provided.
Residual-Risk Model For Classifying Business Arrangements, 2010 Brooklyn Law School
Residual-Risk Model For Classifying Business Arrangements, Bradley T. Borden
Faculty Scholarship
No abstract provided.
Richmond Law Magazine: Winter 2010, 2010 University of Richmond
Richmond Law Magazine: Winter 2010
Richmond Law Magazine
Features:
From Classroom to Courtroom
Civil City
Reinventing Fire
The New Jobs Landscape
The 'Next Friends' Suit: Mary Baker Eddy And The Church Of Christ Scientist, On Trial, 2009 Chapman University
The 'Next Friends' Suit: Mary Baker Eddy And The Church Of Christ Scientist, On Trial, Lorin Geitner
Lorin C. Geitner
An examination of the competency trial of Mary Baker Eddy, and its subsequent effects and consequences.
Foreward (Centennial Issue Of The Oklahoma Law Review), 2009 University of Oklahoma College of Law
Foreward (Centennial Issue Of The Oklahoma Law Review), Andrew Coats
Andrew M. Coats
No abstract provided.
A Tribute To Judy Morgan, Law Library Director, 2009 Oklahoma City University School of Law
A Tribute To Judy Morgan, Law Library Director, Darla W. Jackson
Darla W. Jackson
No abstract provided.