Vol. 85:1
Categories: In Print, In Print - Table of Contents, Volume 85, Volume 85-1 | Posted: September 1, 2007
Archive for the 'Volume 85-1' Category
Below the Surface: Comparing Legislative History Usage by The House of Lords and The Supreme
[L]aws are not abstract propositions. They are expressions of policy arising out of specific situations and addressed to the attainment of particular ends. The difficulty is that the legislative ideas which laws embody are both explicit and immanent. And so the bottom problem is: What is below the surface of the words and yet fairly [...]
What Are We Comparing in Comparative Negligence?
As the majority of jurisdictions in the country have moved from contributory negligence to comparative negligence in tort cases, judges commonly ask juries to assign a percentage of negligence to each of the parties involved in a negligence tort. While the practice of apportionment has become commonplace, the theory behind it is little understood. What [...]
Banishment by a Thousand Laws: Residency Restrictions on Sex Offenders
We all carry within us our places of exile, our crimes and our ravages. But our task is not to unleash them on the world; it is to fight them in ourselves and others. —Albert Camus
In 1932 the Soviet Union revived its policy of propiska to control the internal movements of its population. Propiska was [...]
Charity Starts In the Womb: New Research Should Allow Healthy Embryos and Federally Funded Stem Cell Research To Coexist
Many believe that stem cells hold the potential for curing a myriad of debilitating diseases. According to the President’s Council on Bioethics, if stem cells’ “healing powers could be harnessed, the medical benefits for humankind would be immense, perhaps ushering in an era of truly regenerative medicine.” However, stem cell research has been a [...]
The Forbidden Crystal Ball: Interpreting “Projected Disposable Income” for Chapter 13 Bankruptcy Plans After BAPCPA
In April of 2005, “[a]fter nearly nine years of trying,” Congress finally passed the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA)—“a modest corrective for the way the bankruptcy code ha[d] been exploited to allow virtually anyone to write down all his debts instead of repaying some portion of them.” BAPCPA’s champions had sought to [...]
