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Peter Lake and Darby Dickerson, A Blueprint for Collaborative Risk Management Teams, Campus Activities Programming (2006)Clicking on the button will copy the full recommended citation.
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D. Benjamin Barros, Home as a Legal Concept, 46 Santa Clara Law Review 255 (2006)Clicking on the button will copy the full recommended citation.
This article, which is the first comprehensive discussion of the American legal concept of home, makes two major contributions. First, the article systematically examines how homes are treated more favorably than other types of property in a wide range of legal contexts, including criminal law and procedure, torts, privacy, landlord-tenant, debtor-creditor, family law, and income taxation. Second, the article considers the normative issue of whether this favorable treatment is justified. The article draws from material on the psychological concept of home and the cultural history of home throughout this analysis, providing insight into the interests at stake in various legal issues involving the home.
The article concludes that homes are different from other types of property and give rise to legal interests deserving of special legal protection, but that these interests can be outweighed by competing interests in particular legal contexts. The result is that in many contexts special legal treatment of homes is justified. In other contexts, for example residential rent control, the strength of competing interests means that the law overprotects the home. In still other contexts, for example eminent domain law as embodied by the Supreme Court's recent decision in Kelo v. New London, the law tends to underprotect the home.
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Jaclyn Lopez, Supreme Court Plurality Decision Muddies “Navigable Waters”, Section of Litigation, American Bar Association (2006)Clicking on the button will copy the full recommended citation.
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Tim Kaye et al., Criticizing the Image of the Student as Consumer: Examining Legal Trends and Administrative Responses in the US and UK, 18 Educ. & L. 85 (2006)Clicking on the button will copy the full recommended citation.
There is widespread concern that higher education is being compromised by being turned into a 'commodity' to be 'consumed'. This article represents an initial attempt to explore the trends in both the UK and US, and considers how the law has responded to them. It argues, however, that there is an important distinction to be drawn between 'commodification' and 'consumerism'. Education has always been a commodity to be bought and sold; the true danger lies in the move to a 'rights-based' culture where students (and politicians) see education merely as something to be 'consumed' rather than as an activity in which to participate. Whilst the law seems thus far to have been something of a bulwark against this movement, it remains an open question as to whether this will continue to be the case if higher education institutions do not themselves act more proactively in challenging this damaging view of higher education.
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Brooke J. Bowman, Quick Tip: Keep Proper Attribution SIMPLE: A Mnemonic for Placing Citations in Proper Citation Format, 20 Second Draft 6 (2005)Clicking on the button will copy the full recommended citation.
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Peter Lake and Darby Dickerson, Deflating the Risks of Inflatables, NASPA Leadership Exchange 22 (2005)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, Persuasion Through Organization: The Final Installment: Transitions, 42 Arizona Attorney 30 (2005)Clicking on the button will copy the full recommended citation.
The article examines how transitions work to connect ideas and enhance the persuasive power of legal writing.
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Judith A.M. Scully, Eliminating Racial Profiling of African Americans in West Virginia and the United States: The Quest for Racial Justice, 2 Africalogical Perspectives (2005)Clicking on the button will copy the full recommended citation.
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Judith A.M. Scully, Brown v. Board of Education, 2 Africalogical Perspectives (2005)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, Persuasion through Organization: Another in a Series: Thesis Sentences, 42 Arizona Attorney 50 (2005)Clicking on the button will copy the full recommended citation.
The article examines the thesis sentence in legal writing, a particularly important tool in helping legal readers quickly understand the critical content of paragraphs.