ACLI Case Notes Article
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Darryl Wilson, ACLI Case Notes, 1 American and Caribbean Law News 5 (2006)Clicking on the button will copy the full recommended citation.
Articles
International Environmental Law: International Legal Developments in Review Article
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Royal C. Gardner, International Environmental Law: International Legal Developments in Review, 40 American Bar Association Section of International Law Year in Review 197 (2006)Clicking on the button will copy the full recommended citation.
“Let Them Do Drugs,” A Commentary on Random Efforts at Shot Blocking in the Sports Drug Game Article
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Darryl Wilson, “Let Them Do Drugs,” A Commentary on Random Efforts at Shot Blocking in the Sports Drug Game, 8 Fla. Coastal L. Rev. 53 (2006)Clicking on the button will copy the full recommended citation.
Performance enhancing supplements are a part of most people's everyday life whether it be coffee, cigarettes, Coke, or something "good for you" in a non-pharmaceutical sense of the term. No where is performance enhancement more sought after than in competitive athletics. This article reviews the historical background of performance enhancements and steroid use in sports. It then analyzes the unnecessarily unwieldy assortment of administrative bodies charged with testing, regulation, and disciplining policy offenders. A look at domestic legislative responses follows, along with a review of the disparate court and administrative decisions rendered in this area from both domestic and international bodies. Next, this article will look at some of the practical implications of these decisions to determine if the goal of ridding sports of these enhancements is truly desirable, remotely realistic and reasonably furthered by the actions of the decisions rendered. While some tangible suggestions on how the system can be reformed are offered, they also consider the prospects of simply changing the rewards available for those found to use unauthorized drugs instead of the ineffective approach of instituting after the fact bans and making examples of certain athletes. Without a concerted effort by more unified domestic and international bodies in conjunction with actions by existing or new governmental authorities there really is no hope for stopping illicit drug usage.
Prosecuting the Use of Antipersonnel Mines by Illegal Armed Groups: The Colombia Situation Article
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Luz Estella Nagle, Prosecuting the Use of Antipersonnel Mines by Illegal Armed Groups: The Colombia Situation, 8 Or. Rev. Int'l L. 231 (2006)Clicking on the button will copy the full recommended citation.
Colombia is among the most heavily mined nations in the world. The mines are deployed by illegal armed groups waging an internal armed conflict against the Colombian state going back many decades. Many of the mines are of Eastern European origin or improvised explosive devices, and poor documentation by the offending groups on where land mines are deployed has created a situation throughout Colombian territory where innocent civilians and livestock wander into unmarked or forgotten minefields and detonate the devices. This article examines the problem of landmines in Colombia and the challenges of holding illegal armed groups responsible for the deployment of deadly “silent sentinels.”
Incorporating Transnational Law in First Year Criminal Law and Procedure Classes Article
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Ellen S. Podgor, Incorporating Transnational Law in First Year Criminal Law and Procedure Classes, 56 J. Legal Educ. 444 (2006)Clicking on the button will copy the full recommended citation.
Building Credibility in the Margins: An Ethos-Based Perspective on Commenting on Student Papers Article
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Kirsten K. Davis, Building Credibility in the Margins: An Ethos-Based Perspective on Commenting on Student Papers, 12 Legal Writing 73 (2006)Clicking on the button will copy the full recommended citation.
Part of the teacher-student relationship is created in the commenting process. Students make conclusions about the ethos of their writing professor based on the way in which students view the comments written in the margins of their papers. This article explores marginalia as discourse, composition theory, and rhetorical theory and develops principles that can underlie an ethos of commenting.
Book Review, Money Laundering and Legal Globalization: Where Does the United States Stand on this Issue? Article
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Ellen S. Podgor, Book Review, Money Laundering and Legal Globalization: Where Does the United States Stand on this Issue?, 5 Wash. U. Global Stud. L. Rev. 151 (2006)Clicking on the button will copy the full recommended citation.
A Blueprint for Collaborative Risk Management Teams Article
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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.
Home as a Legal Concept Article
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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.
Election-by-Lot as a Judicial Selection Mechanism Article
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Will Bunting, Election-by-Lot as a Judicial Selection Mechanism, 2 N.Y.U. J.L. & Liberty 166 (2006)Clicking on the button will copy the full recommended citation.
The present paper urges the reader to overcome these barriers to scholarly appreciation, to cast to the side any preliminary skepticism toward election-by-lot as a reasonable allocation mechanism, and to take seriously for the moment, the claim that election-by-lot might be usefully employed in allocating certain judicial functions among a pool of potential candidates, the precise contours of which will be more fully defined shortly.