Volume 86, Number 6 (November, 2013)
Talking “Religious, Superstitious Nonsense” in the Classroom: When Do Teachers’ Disparaging Comments About Religion Run Afoul of the Establishment Clause?
Note by Jennifer L. Bryant
A sizable contingent of Christians in America are profoundly anxious, not only because of a fear that Christianity is losing its grip on the culture, but also because of a perception that religious faith has become an acceptable target for scorn and ridicule. This anxiety, though ever present, inevitably intensifies whenever the religious right is dealt a political setback. Predictably, then, the rhetoric of religious victimhood began to escalate after Barack Obama won the presidency. America, i...
Bankruptcy-Remote Special Purpose Entities: An Opportunity For Investors To Maximize the Value of Their Returns While Undergoing More Careful and Realistic Risk Analysis
Note by Katherine J. Baudistel
The world of business and finance has become increasingly complex. Within the recent past, we have experienced significant improvements to finance as novel structures and concepts are created to meet people’s varied needs. For example, new business structures have emerged, including limited partnerships, limited liability companies, and even series LLCs. Simple lending and borrowing has changed to make debt more desirable and to further the economic growth of businesses. Commercial mortgage-back...
Buying the Right to Harm
Article by Ehud Guttel & Shmuel Leshem
Looking to curb potential liability and comply with regulatory standards, many large-scale injurers offer nearby residents to purchase their property and help them relocate to safer areas. Because the relocation of potential victims reduces the risk of harm and saves litigation costs, buyouts have been viewed favorably by commentators and have been supported by state and government agencies. In contrast to this favorable perception of buyouts, this Article shows that buyouts may be used by inju...
The Partisan Foundations of Judicial Campaign Finance
Article by Michael S. Kang & Joanna M. Shepherd
Money buys things. This is the worry about money in judicial elections. As campaign spending in judicial elections has rapidly ramped up, there is increasing concern that judicial elections now have become “floating auctions” in which contributors purchase favorable judicial treatment in exchange for campaign financing. For sitting judges, the prospective need for money to finance their re-election looms over judicial decisionmaking and tempts them to decide cases in ways that attract, or at wor...
Essay: Official Obedience and the Politics of Defining “Law”
Article by Frederick Schauer
Fawn Hall must not have been reading her Dworkin. Her name has dissolved into history, but Fawn Hall was front-page news in 1987. Until 1986, she had served as personal secretary to Colonel Oliver North, the man at the center of the Iran-Contra scandal and its unlawful sale of arms to Iran and equally unlawful use of the proceeds to aid the Contra guerillas in Nicaragua. When the scandal broke, Hall was granted immunity and called before a congressional committee to testify about her role in...
Gerontology and the Law: A Selected Annotated Bibliography: 2009-2011 Update
Bibliography by Judy K. Davis & Karen Skinner
This bibliography serves as the 2009–2011 update to Gerontology and the Law: A Selected Annotated Bibliography. First published in 1980 by Law Library Journal the bibliography has since been updated nine times between 1982 and 2010 in the Southern California Law Review. The original bibliography and the first five updates provided citations to a variety of books, articles, and other law related materials on various aspects of the law and gerontology. Starting with the sixth update, the style and...
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