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.
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 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.
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,
2010
Barry University School of Law
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.
The Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal,
2010
Brooklyn Law School
The Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal, Robin Effron
Faculty Scholarship
No abstract provided.
Voting Power Without Responsibility Or Risk--How Should Proxy Reform Address The Decoupling Of Economic And Voting Rights?,
2010
Brooklyn Law School
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,
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 …
Seeking Alternatives To Marijuana Prohibition,
2010
University of Northern Iowa
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,
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 …
Foreward (Centennial Issue Of The Oklahoma Law Review),
2010
University of Oklahoma College of Law
Foreward (Centennial Issue Of The Oklahoma Law Review), Andrew Coats
Other Faculty Publications
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
Civil Rights And Federal Courts: Creating A Two-Course Sequence,
2010
Florida International University College of Law
Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman
Faculty Publications
No abstract provided.
On Death And Magic: Law, Necromancy And The Great Beyond,
2010
Western New England University School of Law
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.
