DOC

1 The state of Iowa provides one of the most comprehensive

By Thelma Hicks,2014-06-16 22:31
10 views 0
1 The state of Iowa provides one of the most comprehensive ...

     EXAM NUMBER: #### BBE

    BLUEBOOK EXERCISE

    (Leave blank or add more text boxes to the explanations, as you require)

Directions: Double click in the Exam Number field above, replace #### with your exam number,

    click Close on the Header/Footer toolbar, and save the document, naming it your exam number

    followed by the letters BBE (for BlueBook Exercise). Your document should be named something

    like: ―5213 BBE.doc. Supply the rules and explanations below and complete the Preference Sheet.

    When you are done, attach the document to an email, and send it to BlueBook@bc.edu. The email‘s subject line should be your exam number plus BBE (i.e., 5213 BBE). Good luck.

Original: 1 New Mexico‘s economy is inextricably linked to mining interests; not surprisingly,

    therefore, its legislature is manifestly responsive to lobbying efforts of both the

    mineworkers‘ union and the mines‘ ownership associations. See Mine Safety, Silver Production, and Job Preservation Act, West‘s New Mexico Code Annotated, ?4-44-7 et seq.

    (West 2006). The legislative scheme also had to accommodate the interests of the state‘s

    powerful environmental lobby. See N.M. STAT. ANN. at ?4-45-1820 (reclamation of disturbed lands); N.M. STAT. ANN. at ??4-44-7(A)(i)(iii) (tax credits to encourage air scrubbing). The legislation stalled for an extended period until the mine owners received

    concessions. See Martin Salazar, Owners Association Prevails In Fight For Profit

    Protections, Mining Industrial Monthly Journal, August 23, 2005, page B1 (providing an

    account of the role consignment security interest rules played in the impasse resolution). ?4-

    48-2 gave the mine owners a protected security interest in the mined silver throughout the

    production process. Mine Safety, Silver Production, and Job Preservation Act, at ?4-48-2.

Edited: 1 New Mexico‘s economy is inextricably linked to mining interests; not surprisingly,

    therefore, its legislature is manifestly responsive to lobbying efforts of both the mineworkers‘

    union and the mines‘ ownership associations. See Mine Safety, Silver Production, and Job

    Preservation Act, N.M. STAT. ?? 4-44-7 to -49-9(G) (2006). The legislative scheme also had

    to accommodate the interests of the state‘s powerful environmental lobby. See id. ?? 4-45-18 to -20 (reclamation of disturbed lands); id. ? 4-44-7(A)(i)(iii) (tax credits to encourage air scrubbing). The legislation stalled for an extended period until the mine owners received

    concessions. See Martin Salazar, Owners Association Prevails in Fight for Profit Protections,

    MINING INDUS. MONTHLY J. (Albuquerque, N.M.), Aug. 23, 2005, at B1 (providing an

    account of the role consignment security interest rules played in the impasse resolution).

    Section 4-48-2 gave the mine owners a protected security interest in the mined silver

    throughout the production process. N.M. STAT. ? 4-48-2.

Explanation:

    Rules Explanation

    1

     EXAM NUMBER: #### BBE

Original: 2 Many fail to realize that environmental issues are often civil rights issues as well.

    Whether by siting polluting facilities in poorer neighborhoods, or relaxing the permissible

    levels of lead found in government-assisted housing, an administration‘s indifference to

    environmental concerns often has a disproportionate impact on communities of color.

    See Thomas B. Brazelton and Randall Pinkston, Evaluating Disparate Impact After Du

    Pont v. EPA: Why How Much You Make Affects What You Breathe, 2004 BEHAVIORAL SCIENCES AND THE LAW 262, 277 (2004). The authors also note that those who were

    once on the front lines of the social justice movement, now give the government a pass

    when it comes to environmental justice issues. They state,

     ...the impulses that once informed ‘60s extremism now seem to be

    permanently submerged, whether attributable to issue fatigue,‖ or the

    fact that racism is now simply both more subtle and more entrenched.

    Brazelton and Pinkston, supra, at 272 (emphasis in the original). See also Randall Pinkston, Justice under Cover: an Effluent Cloud Gathers Over the Inner City, 11 ACADEMIC BULLETIN OF CIVIL LIBERTIES (which will come out in November of 2008).

    Although Jane Jacobs was neither a city planner nor an attorney, her THE DEATH AND LIFE

    OF GREAT AMERICAN CITIES has probably had a more profound impact on zoning law and

    urban ecology than any other book written in the twentieth century. As described infra at notes 123135, many authors have documented that her theories about the nature of

    economies directly influenced an entire generation of United States legislators. See, e.g., Richard Robertson, The Process of Growth and Its Limitations in the Year 2000 224

    (Random House, 1999) (citing Jacobs, The Death and Life of Great American Cities, at 197 (Vintage Books, 1961)); Cotting, Wayne S., City(e)scapes, in The Legislative Landscape,

    at 313 (Anita Mann, Ima Frayd, and Jenn Derfuque, editors) (1999) [hereinafter The

    Legislative Landscape].

Edited: 2 Many fail to realize that environmental issues are often civil rights issues as well.

    Whether by siting polluting facilities in poorer neighborhoods, or relaxing the permissible

    levels of lead found in government-assisted housing, an administration‘s indifference to

    environmental concerns often has a disproportionate impact on communities of color.

    See T. Berry Brazelton & Randall Pinkston, Evaluating Disparate Impact After Du Pont v. EPA: Why How Much You Make Affects What You Breathe, 2004 BEHAV. SCI. & L. 262, 277. The authors also note that those who were once on the front lines of the social

    justice movement, now give the government a pass when it comes to environmental

    justice issues. They state, ―[T]he impulses that once informed ‘60s extremism now seem

    to be permanently submerged, whether attributable to ‗issue fatigue,‘ or the fact that racism is now simply both more subtle and more entrenched. Id. at 272; see also Randall Pinkston, Justice Under Cover: An Effluent Cloud Gathers over the Inner City, 11 ACAD. BULL. C.L. (forthcoming Nov. 2008) [hereinafter Pinkston, Justice Under Cover]. Although Jane Jacobs was neither a city planner nor an attorney, her The Death and Life of Great American Cities has probably had a more profound impact on zoning law and

    2

     EXAM NUMBER: #### BBE

    urban ecology than any other book written in the twentieth century. As described infra at notes 12335, many authors have documented that her theories about the nature of

    economies directly influenced an entire generation of U.S. legislators. See, e.g., RICHARD ROBERTSON, THE PROCESS OF GROWTH AND ITS LIMITATIONS IN THE YEAR 2000, at 224 (1999) (citing JANE JACOBS, THE DEATH AND LIFE OF GREAT AMERICAN CITIES 197 (1961)); Wayne S. Cotting, City(e)scapes, in THE LEGISLATIVE LANDSCAPE 313, 313 (Anita Mann et al. eds., 1999).

Explanation:

    Rules Explanation

Original: 3 Since the earliest days of the Republic, the founders viewed the taxing authority of the

    federal government as a prerequisite to a strong and stable nation. See the American Constitution, Article 1, section 2, http://www.house.gov/Constitution.html (noting the

    drafters envision collection of a tax they could ―apportion... among the several States which may be included within this Union....‖). In opposition to this traditional view, many on the

    more libertarian end of the spectrum, especially those comprising radical, underground

    groups, eschew all federal taxing authority. Preaching to the converted, their literature is

    distributed mainly at gun shows and America First rallies. See John Bullock Janes, April Fifteenth Is a National Day of Betrayal, 3 VOICE OF THE PEOPLE 7 (2007) (espousing moving all taxing authority to the state and local level). That viewpoint finds support in even more

    sinister quarters and, as a result, those so-called journals are distributed exclusively on the

    internet. See, e.g., Daniel Duke, No Taxation Without Retribution, 21 Awaken Aryan Nation 3 ? 22, available at http://www.aryannation/duke.html (last visited Apr. 15, 2007).

Edited: 3 Since the earliest days of the Republic, the founders viewed the taxing authority of the

    federal government as a prerequisite to a strong and stable nation. See U.S. CONST. Art. 1, ? 2 (noting the drafters envisioned collection of a tax they could ―apportion[] among the

    several States which may be included within this Union‖). In opposition to this traditional

    view, many on the more libertarian end of the spectrum, especially those comprising radical,

    underground groups, eschew all federal taxing authority. Preaching to the converted, their

    literature is distributed mainly at gun shows and America First rallies. See John Bullock Janes, April Fifteenth Is a National Day of Betrayal, 3 VOICE OF THE PEOPLE 7 (2007), available at http://www.secondamendmentlives.org/newsletter (last modified Apr. 4, 2007)

    (espousing moving all taxing authority to the state and local level). That viewpoint finds

    support in even more sinister quarters and, as a result, those so-called journals are distributed

    exclusively on the internet. See, e.g., Daniel Duke, No Taxation Without Retribution, 21 Awaken Aryan Nation 3 ? 22 (Apr. 15, 2007), at http://www.aryannation/duke.html.

    3

     EXAM NUMBER: #### BBE

Explanation:

    Rules Explanation

Original: 4 The Critical Legal Theorists cited a number of cases to bolster their position. See The

    New York Times v. Condominium Coalition Coun., 288 F.Supp.2d 911, 924 (D. Al. 2003);

    Collegiate Restoration Fidelity Management v. Harv. University Development, Inc., 867

    F.2d 387, 390 (11th Cir. 1993); Lerman v. Florence Products, 887 F.2d 339, 346 (10th Cir.

    1994); Commissioner Melior Unif. School District v. Concerned Christian Parents, 887

    F.2d 1270, 1276 (8th Cir. 1994); Donald Trump, et al. v. Goodrich Company, Inc., 105 S.

    Ct. 2841, 2855 (1985). And it‘s true that commentators have noticed the trend in outcomes. See generally Randall Pinkston, Justice under Cover: an Effluent Cloud Gathers Over the

    Inner City, 11 ACADEMIC BULLETIN OF CIVIL LIBERTIES. Trends, however, are meant to be bucked, and in Greyboot v. City of Stamford the appellant did not prevail. 86 Conn.

    169, 174, 826 A.2d 277, 280 (Conn. 2002).

Edited: 4 The Critical Legal Theorists cited a number of cases to bolster their position. See Trump

    v. B.F. Goodrich Co., 472 U.S. 38, 49 (1985); Comm‘r Melior Unified Sch. Dist. v.

    Concerned Christian Parents, 887 F.2d 1270, 1276 (8th Cir. 1994); Lerman v. Florence

    Prods., 887 F.2d 339, 346 (10th Cir. 1994); Collegiate Restoration Fid. Mgmt. v. Harvard

    Univ. Dev., Inc., 867 F.2d 387, 390 (11th Cir. 1993); N.Y. Times v. Condo. Coal. Council,

    288 F. Supp. 2d 911, 924 (D. Alaska 2003). And it‘s true that commentators have noticed the trend in outcomes. See generally Pinkston, Justice Under Cover, supra note 2.

    Trends, however, are meant to be bucked, and in Greyboot v. City of Stamford the

    appellant did not prevail. 826 A.2d 277, 280 (Conn. 2002).

Explanation:

    Rules Explanation

Original: 5 But those opposed to the Critical Legal Theorists cited those same cases for a distinctly

    different proposition. See id. Compare In re Three Blind Mice, 91 T.C. 272 (1995) (where

    4

     EXAM NUMBER: #### BBE

    the Tax Court required amortization), with Coupland v. Commissioner, 89 T.C. 9 (1993)

    (where the court allowed the characterization as a capital expense). See generally Norton v. Karsch, 441 N.Y.S.2d 251 (N.Y. Sup. Ct. 1980) (cited with approval in Commissioner, 89 T.C. at 11 (1993)). Not all jurisdictions followed the Tax Court‘s lead. Randazzo v. Veriola, 541 N.E.2d 1420, 1422 (Ill. 1981). Cf. Barinowski v. Glen-Cardiff, 399 P.2d

    101, 111 (Wash. 1977); see also Grant Brothers Construction v. Paramut. Automobile and

    Automotive Parts, 768 F.2d 873, 913 (11th Cir. 1993); but see Vandelay v. Newman, 992 F.2d 620, 624 (5th Cir. 1995); see generally Glor v. Cooperstein, 389 Mass. 842, 467 N.E.2d 982 (Supreme Judicial Court 1985). Many consider The United States Center for

    Fair Taxation as the leader in shaping public opinion. Its multivolume series set forth

    argument after argument that both sides found appealing. THE UNITED STATES CENTER

    FOR FAIR TAXATION, THE CONSUMPTION TAX AND THE FUTURE OF PROSPERITY, Vol. 4, at ? 4.01, 21 and ft. 72 (2002). The Center‘s widespread influence made expressio unius est exclusio alterius the centerpiece canon of statutory interpretation which, until then, was

    hardly the per se rule. See id. at vol. 6, at ? 22.12, 1618.

Edited: 5 But those opposed to the Critical Legal Theorists cited those same cases for a distinctly

    different proposition. See Trump, 472 U.S. at 49; Concerned Christian Parents, 887 F.2d at 1276; Lerman, 887 F.2d at 346; Collegiate Restoration Fid. Mgmt., 867 F.2d at 390; N.Y. Times, 288 F. Supp. 2d at 924. Compare In re Three Blind Mice, Inc., 91 T.C. 272

    (1995) (requiring taxpayer to amortize), with Coupland v. Comm‘r, 89 T.C. 9 (1993)

    (allowing capital expense). See generally Norton v. Karsch, 441 N.Y.S.2d 251 (Sup. Ct.

    1980) (cited with approval in Coupland, 89 T.C. at 11). Not all jurisdictions followed the

    Tax Court‘s lead. Randazzo v. Veriola, 541 N.E.2d 1420, 1422 (Ill. App. Ct. 1981); see also Grant Bros. Constr. v. Paramutual Auto. & Auto. Parts, Inc., 768 F.2d 873, 913 (11th

    Cir. 1993); cf. Barinowski v. Glen-Cardiff, 399 P.2d 101, 111 (Wash. 1977). But see Vandelay v. Newman, 992 F.2d 620, 624 (5th Cir. 1995). See generally Glor v. Cooperstein, 467 N.E.2d 982 (Mass. 1985). Many consider The United States Center for

    Fair Taxation as the leader in shaping public opinion. Its multivolume series set forth

    argument after argument that both sides found appealing. 4 U.S. CTR. FOR FAIR TAXN, THE CONSUMPTION TAX AND THE FUTURE OF PROSPERITY ? 4.01, at 21 & n.72 (2002).

    The Center‘s widespread influence made expressio unius est exclusio alterius the centerpiece canon of statutory interpretation which, until then, was hardly the per se rule.

    See 6 id. ? 22.12, at 1618.

Explanation:

    Rules Explanation

    5

     EXAM NUMBER: #### BBE

    Using the rules you‘ve explained above (and anything else in the Bluebook), supply the corrected version of the notes below. You should make all changes that are necessary, as

    well as any alterations you think are called for editorially. If you think anything is

    unclear, or if you find necessary information is missing, feel free to provide a short

    explanation or state any assumptions you rely on when you do your edits. Otherwise, it is

    not necessary to set forth the rules on which you‘re relying. (You‘ll have used many of them in the notes above.) And remember to use short cites whenever appropriate.

    Original: 6 Many had assumed the issue was res judicata. See City of Stamford, supra note 4, at 278. So, when lower courts revisited the issue, a slew of en banc cases ensued. See Richard Aspinwall, ―George Will Will Roger Will Rogers for Cash,‖ in The Legislative Landscape (Anita Mann, Ima Frayd, and Jenn Derfuque, editors) p. 27 (1999); but, see, Olivia Johnson v. The Environment Marketing Partnership, 198 F. 2d 218, 221 (D.C.Cir. 1985), Trump v.

    B.F. Goodrich Co., 472 U.S. 38, 43 (1985). The evolving nature of the problem continues to

    engender academic scrutiny. See e.g., Zyg Plater, Advancing The Rebirth Of Environmental

    Common Law, 34 BOSTON COL. ENVTL AFFS. LAW J. 256, 271272 (2007) (which argues that only the Supreme Court can resolve the confusion).

Edited: 6 You do this one.

    Original: 7 See Aspinwall, George Will Will Roger Will Rogers for Cash, in The Legislative Landscape, supra note 2, at 29. To glimpse how the issue resonated outside our borders, see JEAN-PIERRE FALLON, THE GLOBAL WAR ON ANTHROGENIC CLIMATE CHANGE BEFORE AND AFTER SEPTEMBER 11. Published in 2006, the book took Europe by storm, criticizing as it

    did the Bush administration‘s failure to take global warming seriously. Id. at 287 (Regina

    Galt translator; Princeton University Press). Domestically, meanwhile, western states (such

    as New Mexico) implemented statutory schemes aimed at reducing their carbon footprint.

    See e.g. ?4-45-22 24 (greenhouse gas restrictions re: mining operations). Some think that

    given the state of today‘s youth and their recreational choices, leaving the next generation a

    large carbon footprint is just a fine idea. See, e.g., Jimmy Kimmel Live, broadcast on ABC

    on February 8, 2008, http://www.youtube.com/watch.

Edited: 7 And this one.

    6

     EXAM NUMBER: #### BBE

    2008 Writing Competition For

    Boston College Law School Student Publications

    PREFERENCE SHEET

     Rank your preferences on the lines below. Note that you need not rank all five; in

    fact, rank only those publications for which you will accept a staff position should it be

    offered. THE PREFERENCE SHEET WILL NOT BE GIVEN TO THE STUDENT

    EVALUATORS: YOU WILL BE JUDGED SOLELY ON THE QUALITY OF

    YOUR WORK.

     st1 Choice:

     nd2 Choice:

     rd3 Choice:

     th4 Choice:

     th5 Choice:

    (NOTE: If you are in the second year of a joint degree program, or are otherwise

    using an exam number that was NOT issued at the beginning of this academic year,

    please make sure to requisition a new exam number from Academic Servicesotherwise,

    you may be using an exam number that has been reassigned to another student.)

When you are done, attach this document to an email, and send it to BlueBook@bc.edu.

    7

Report this document

For any questions or suggestions please email
cust-service@docsford.com