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Ellen S. Podgor, Did Overcriminalization Allow for the Prosecution of Martha Stewart, in Martha Stewart's Legal Troubles (Joan Macleod Hemingway ed., Carolina Academic Press, 2006)Clicking on the button will copy the full recommended citation.
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Michael S. Finch, The Fair Use Doctrine, in The Encyclopedia of American Civil Liberties (Paul Finkelman ed., Routledge, 2006)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Materiality as an Element of Obstruction, in Martha Stewart's Legal Troubles (Joan Macleod Hemingway ed., Carolina Academic Press, 2006)Clicking on the button will copy the full recommended citation.
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Michael S. Finch, Fairness Doctrine, in The Encyclopedia of American Civil Liberties (Paul Finkelman ed., Routledge, 2006)Clicking on the button will copy the full recommended citation.
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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.
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James W. Fox, Edwards v. California, in Encyclopedia of American Civil Liberties (Routledge Reference, 2006)Clicking on the button will copy the full recommended citation.
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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.
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Tim Kaye, Childhood Obesity, School Food and Education: The Role of the Law, in The Law as an Agent of Change in Education (Roderick Flynn ed., CAPSLE, 2006)Clicking on the button will copy the full recommended citation.
Child obesity is a growing cause for concern in both North America and the United Kingdom. Despite a number of initiatives to tackle the problem, rates of childhood obesity continue to rise on both sides of the Atlantic. Nowhere is the problem more acute than the UK, which is believed to have the fastest-growing rate of obesity in the developed world. In 2001, 23 per cent of British women and 21 per cent of British men were obese, compared to 8 per cent of women and 6 per cent of men in 1980. Childhood obesity has almost doubled since the mid 1980s. Indeed, between 1996 and 2001, the proportion of overweight children aged 6 to 15 years old increased by 7 per cent, whilst the International Obesity Task Force (IOTF), has warned that over 40 per cent of the UK population could be obese "within a generation". This paper examines the changes in English education law which have facilitated this increase in obesity rates, and considers too the changes which have recently been made or are currently under consideration in order to try to reverse the trend.
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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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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.