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Documents > Law School Outlines
Anonymous 2/6/2008 | 0 (0) | 199 | 6 | 0 | English
Admin Law Outline: 1 I. Separation of powers A. Bottom Line: Congress can shift any power anywhere, as long as it doesn't shift it to itself 1. History: a) "separation of powers" is a fallacy: (1) most "legislation" comes out of the administrative agencies (2) most "adjudication" takes place in the administrative agencies (3) so legislation, adjudi ... more>>
Anonymous 2/6/2008 | 0 (0) | 243 | 16 | 0 | English
Animal Law Outline Page 1 of 25 ANIMAL LAW I. DEFINING ANIMAL II. TORTS III. PROPERTY IV. CONSTITUTIONAL LAW V. CRIMINAL LAW VI. ANIMAL WELFARE ACT VII. ENDANGERED SPECIES ACT VIII. MISC. I) DEFINING ANIMAL: Arbitrary delineation. Answer often crucial to outcome of cases. Holdings are unpredictable and often counterintuitive. 1) Roosters (and Cockf ... more>>
Anonymous 2/6/2008 | 0 (0) | 121 | 4 | 0 | English
1 CONSTITUTIONAL LAW: STRUCTURAL ISSUES AMAR, FALL 2004 THE ROLE OF THE JUDICIARY AND OTHER BRANCHES IN CONSTITUTIONAL INTERPRETATION AND ENFORCEMENT Marbury v. Madison, 5 U.S. 137 (1803, p 25) - "It is emphatically the province and the duty of the judicial department to say what the law is." Marshall: The applicant, and two others, contended that ... more>>
Anonymous 2/5/2008 | 0 (0) | 180 | 11 | 0 | English
1/9/2006 Revision 0.1 Author: Philip Larson 703.798.5244 (tel) Criminal Law: Class Notes Criminal Law: Class notes Philip Larson Page 2 Table of Contents 1. Lecture 1.................................................................................................................................3 Criminal Law: Class notes Philip Larson Page 3 1. Lec ... more>>
Anonymous 2/6/2008 | 0 (0) | 256 | 23 | 0 | English
COMMUNICATIONS LAW INTRODUCTION 1. Press & the 1st Amendment a. Why might the press and speech clause have different bases? i. Press has an institutional role in govt. to check abuses 1. Stewart argues that this reason speaks to protection for individual speech and freedom of the press equally 2. Baker disagrees, arguing that the checking function ... more>>
Anonymous 2/5/2008 | 0 (0) | 135 | 4 | 0 | English
CRIMINAL LAW OUTLINE SPRING 2005 WITTE Chevon Walker . 4 Questions for Substantive Criminal Law Why? Why do we punish? . Retribution, deterrence, rehabilitation When? When does conduct justify state interference and prosecution? . Will Voluntary act . Reason Mens Rea - bad state of mind . Cause Cause a prohibited harm What? What kinds of crimes? Ag ... more>>
Anonymous 2/6/2008 | 0 (0) | 133 | 4 | 0 | English
Administrative & Regulatory State - Prof. Brookes Billman 1) Theories of Statutory Interpretation Legal formalism - law is a closed set of rules developed through the common law - judges determine what these rules are Legal Realism - law shouldn't be as rigid as formalists see it - should be realistic in dealing with legal problems - do what is pra ... more>>
Anonymous 2/5/2008 | 0 (0) | 178 | 3 | 0 | English
CRIMINAL LAW OUTLINE INTRO notes: A. 3 sources of law 1. Tx Penal Code 2. MPC 3. majority view (usually = Tx) I. REASONS FOR PUNISHMENT A. deterrence: the law must keep its promises B. incapacitation: it works but has price of prisons C. rehabilitation: we don't know how D. retribution: revenge or expiation; vengeance regulated by gvmt i. a limitin ... more>>
Anonymous 2/5/2008 | 0 (0) | 167 | 13 | 0 | English
1 Whenever you have to decide whether a congressional statute falls within an enumerated power, check the Commerce Clause first. It encompasses a broad variety of congressional power. §5 of 14th Amend. 1) Does it violate EP clause and then does act enforce EP clause under Boerne? STANDING STEP #1:-WRITE THIS: The Standing requirement emanates from ... more>>
Anonymous 2/6/2008 | 0 (0) | 108 | 4 | 0 | English
1 CONSTITUTIONAL LAW Spring 2000, Professor Amar Constitutional Issues Structural issues of self-government Federalism federal & state government relations limited, enumerated powers commerce clause dormant commerce clause rise of the 10th amendment . Separation of powers role of courts judicial/presidential/congressional division of labor/power Me ... more>>
Anonymous 2/5/2008 | 0 (0) | 195 | 9 | 0 | English
1 Criminal Law Outline Professor Cloud Spring 2004 I. Fundamental Issues in Criminal Law What conduct do we punish? Who decides? Law, Morality and Judicial Authority The Report of the Committee on Homosexual Offenses and Prosecution (1957) said that the homosexual behavior between consenting adults in private should no longer be criminal . Devlin-c ... more>>
Anonymous 2/6/2008 | 0 (0) | 171 | 6 | 0 | English
a ADMINISTRATIVE LAW OUTLINE Administrative Law Outline .............................................................................................................. a Overview......................................................................................................................................... 1 Judicial Scope of Review ........ ... more>>
Anonymous 2/6/2008 | 0 (0) | 203 | 5 | 0 | English
1 Administrative Law Outline Spring 1995 Silberman Administrative Law: basically procedural. Each agency is responsible for a particular body of substantive law, but certain procedural principles apply to all agencies. Role of Agencies: formed by legislature to implement desired changes in policy and perform certain functions such as investigation, ... more>>
Anonymous 2/6/2008 | 0 (0) | 159 | 1 | 0 | English
1 Administrative Law Outline Spring 1995 Silberman Administrative Law: basically procedural. Each agency is responsible for a particular body of substantive law, but certain procedural principles apply to all agencies. Role of Agencies: formed by legislature to implement desired changes in policy and perform certain functions such as investigation, ... more>>
Anonymous 2/6/2008 | 0 (0) | 87 | 1 | 0 | English
Executive Privilege There is a presumption of privilege that must be overcome Rationale: that some information must be confidential so that Pres can do job. i.e. need for confidential advice (general) need for security to remain confidential (specific) 1. Balance the general claim of privilege vs. the specific need in a criminal case Weigh the gene ... more>>
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