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Help Me Help You: Why Congress's Attempt To Cover Torts Committed By Indian Tribal Contractors With The Ftca Hurts The Government And The Tribes, Joseph W. Gross Dec 2011

Help Me Help You: Why Congress's Attempt To Cover Torts Committed By Indian Tribal Contractors With The Ftca Hurts The Government And The Tribes, Joseph W. Gross

American University Law Review

No abstract provided.


Human Health And The Environment Can't Wait For Reform: Current Opportunities For The Federal Government And States To Address Chemical Risks Under The Toxic Substances Control Act, Lauren Trevisan Dec 2011

Human Health And The Environment Can't Wait For Reform: Current Opportunities For The Federal Government And States To Address Chemical Risks Under The Toxic Substances Control Act, Lauren Trevisan

American University Law Review

Expressing its concern about growing rates of cancer and other diseases, coupled with the lack of data about the effect of the thousands of chemicals used in U.S. society, in 1976 Congress enacted the Toxic Substances Control Act (TSCA). Congress intended for TSCA to shed new light on chemical risks and provide the U.S. Environmental Protection Agency (EPA) with a set of tools to address those risks and protect human health and the environment. In the years since TSCA’s passage, the procedural hurdles and the difficult-to-meet legal standards built into the statute, along with a court decision rejecting EPA’s use …


No Vacancy: Why Congress Can Regulate Senate Vacancy-Filling Elections Without Amending (Or Offending) The Constitution, Zachary M. Ista Dec 2011

No Vacancy: Why Congress Can Regulate Senate Vacancy-Filling Elections Without Amending (Or Offending) The Constitution, Zachary M. Ista

American University Law Review

There currently exists no uniform method for filling vacancies in the United States Senate, leaving the states to create and implement their own vacancy-filling procedures. As a result of recent problems under this system, such as ex-Governor Rod Blagojevich’s notorious scandal in Illinois, some in Congress have suggested a standardized method for filling Senate vacancies. However, an apparent constitutional conflict between the Elections Clause and the Seventeenth Amendment’s vacancy-filling clause presents the question of whether such standardization could be accomplished with federal legislation, or whether it would require amending the Constitution. Applying the textual, structural, and historical approaches of constitutional …


Funeral Protests, Privacy, And The Constitution: What Is Next After Phelps?, Mark Strasser Dec 2011

Funeral Protests, Privacy, And The Constitution: What Is Next After Phelps?, Mark Strasser

American University Law Review

In Snyder v. Phelps, the United States Supreme Court struck down a damages award against Reverend Fred Phelps Sr. and the Westboro Baptist Church for picketing a military funeral. Although the Court asserted that its holding was narrow and the legal issues involved were straightforward, this Article argues that Phelps ultimately raises more questions than it answers and almost guarantees increased confusion in First Amendment jurisprudence. The Court in Phelps explained that the First Amendment prohibits tort damages when the comments at issue involve matters of public concern, yet failed to explain whether private speech that was juxtaposed with public, …


Out Of The Strike Zone: Why Graham V. Florida Makes It Unconstitutional To Use Juvenile-Age Convictions As Strikes To Mandate Life Without Parole Under § 841(B)(1)(A), Christopher J. Walsh Oct 2011

Out Of The Strike Zone: Why Graham V. Florida Makes It Unconstitutional To Use Juvenile-Age Convictions As Strikes To Mandate Life Without Parole Under § 841(B)(1)(A), Christopher J. Walsh

American University Law Review

No abstract provided.


Disrobing Judicial Campaign Contributions: A Case For Using The Buckley Framework To Analyze The Constitutionality Of Judicial Solicitation Bans, Aimee Ghosh Oct 2011

Disrobing Judicial Campaign Contributions: A Case For Using The Buckley Framework To Analyze The Constitutionality Of Judicial Solicitation Bans, Aimee Ghosh

American University Law Review

No abstract provided.


Putting The "Convenience" Back In Forum Non Conveniens: Gonzalez V. Advanced Medical Optics, Inc., Lindsay Cronin Oct 2011

Putting The "Convenience" Back In Forum Non Conveniens: Gonzalez V. Advanced Medical Optics, Inc., Lindsay Cronin

American University Law Review

No abstract provided.


Padilla V. Kentucky: A New Chapter In Supreme Court Jurisprudence On Whether Deportation Constitutes Punishment For Lawful Permanent Residents?, Anita Maddali Oct 2011

Padilla V. Kentucky: A New Chapter In Supreme Court Jurisprudence On Whether Deportation Constitutes Punishment For Lawful Permanent Residents?, Anita Maddali

American University Law Review

No abstract provided.


Online Trading And The National Association Of Securities Dealers' Suitability Rule: Are Online Investors Adequately Protected? Feb 2011

Online Trading And The National Association Of Securities Dealers' Suitability Rule: Are Online Investors Adequately Protected?

American University Law Review

No abstract provided.


Re-Thinking Privacy: Peeping Toms, Video Voyeurs, And Failure Of The Criminal Law To Recognize A Reasonable Expectation Of Privacy In The Public Space Feb 2011

Re-Thinking Privacy: Peeping Toms, Video Voyeurs, And Failure Of The Criminal Law To Recognize A Reasonable Expectation Of Privacy In The Public Space

American University Law Review

No abstract provided.


Chief Judge Martin And The Modern Sixth Circuit Feb 2011

Chief Judge Martin And The Modern Sixth Circuit

American University Law Review

No abstract provided.


Have We No Shame?: Thoughts On Shaming, "White Collar" Criminals, And The Federal Sentencing Guidelines Feb 2011

Have We No Shame?: Thoughts On Shaming, "White Collar" Criminals, And The Federal Sentencing Guidelines

American University Law Review

No abstract provided.


Do We Need A "Beanie Baby" Fraud Statute? Feb 2011

Do We Need A "Beanie Baby" Fraud Statute?

American University Law Review

No abstract provided.


Appendix Feb 2011

Appendix

American University Law Review

No abstract provided.


Review Of The 1998-2001 Veterans Benefits Decisions Of The United States Court Of Appeals For The Federal Circuit Jan 2011

Review Of The 1998-2001 Veterans Benefits Decisions Of The United States Court Of Appeals For The Federal Circuit

American University Law Review

No abstract provided.


When "The Evil Day" Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge?, Eang L. Ngov Jan 2011

When "The Evil Day" Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge?, Eang L. Ngov

American University Law Review

No abstract provided.


Untying Knotts: The Application Of Mosaic Theory To Gps Surveillance In United States V. Maynard, Bethany L. Dickman Jan 2011

Untying Knotts: The Application Of Mosaic Theory To Gps Surveillance In United States V. Maynard, Bethany L. Dickman

American University Law Review

No abstract provided.


The Board Of Contract Appeals: A Historical Perspective, The Honorable Jeri Kaylene Somers Jan 2011

The Board Of Contract Appeals: A Historical Perspective, The Honorable Jeri Kaylene Somers

American University Law Review

No abstract provided.


2010 International Trade Law Decisions Of The Federal Circuit, Kevin J. Fandl Jan 2011

2010 International Trade Law Decisions Of The Federal Circuit, Kevin J. Fandl

American University Law Review

No abstract provided.


2010 Patent Law Decisions Of The Federal Circuit: "The Advent Of The Rader Court", Gregory A. Castanias, Douglas R. Cole, Jennifer L. Swize, Vaishali Udupa, Tiffany D. Lipscomb-Jackson Jan 2011

2010 Patent Law Decisions Of The Federal Circuit: "The Advent Of The Rader Court", Gregory A. Castanias, Douglas R. Cole, Jennifer L. Swize, Vaishali Udupa, Tiffany D. Lipscomb-Jackson

American University Law Review

No abstract provided.


The Consumer Financial Protection Bureau's Appointment With Trouble, Kent Barnett Jan 2011

The Consumer Financial Protection Bureau's Appointment With Trouble, Kent Barnett

American University Law Review

No abstract provided.


Permissive Interlocutory Appeals At The Court Of Appeals For The Federal Circuit: Fifteen Years In Review (1995-2010), Alexandra B. Hess, Stephanie L. Parker, Tala K. Touanian Jan 2011

Permissive Interlocutory Appeals At The Court Of Appeals For The Federal Circuit: Fifteen Years In Review (1995-2010), Alexandra B. Hess, Stephanie L. Parker, Tala K. Touanian

American University Law Review

No abstract provided.


Card Act's Ability To Pay Proposal Ignites Public Policy Debate, Manley Williams, Sara E. Emley Jan 2011

Card Act's Ability To Pay Proposal Ignites Public Policy Debate, Manley Williams, Sara E. Emley

American University Law Review

No abstract provided.


Vigilante Justice: Ensuring That Consumer Credit Plaintiffs Are Not Above The Law In Collins Financial Services V. Vigilante, Eric Y. Wu Jan 2011

Vigilante Justice: Ensuring That Consumer Credit Plaintiffs Are Not Above The Law In Collins Financial Services V. Vigilante, Eric Y. Wu

American University Law Review

No abstract provided.


Heads I Win, Tails You Lose: Reconciling Brown V. Gardner's Presumption That Interpretive Doubt Be Resolved In Veterans' Favor With Chevron, Linda Jellum Jan 2011

Heads I Win, Tails You Lose: Reconciling Brown V. Gardner's Presumption That Interpretive Doubt Be Resolved In Veterans' Favor With Chevron, Linda Jellum

American University Law Review

No abstract provided.


The Somali Piracy Problem: A Global Puzzle Necessitating A Global Solution, Milena Sterio Jan 2011

The Somali Piracy Problem: A Global Puzzle Necessitating A Global Solution, Milena Sterio

American University Law Review

Over the past few years, piracy has exploded off the coast of Somalia. The Somali pirates congregate on a mother ship and then divide into smaller groups that sail out on tiny skiffs. Using potent weapons like AK-47’s and hand-propelled grenades, the Somali pirates then attack civilian ships carrying cargo through the Gulf of Aden, toward South Africa or Asia. Once they have overtaken the victim vessel, pirates typically hijack the vessel’s cargo and crewmembers. The former is often resold to willing buyers (some of which include terrorist organizations like Al Qaeda). The latter are taken to the Somali shore …


The Dodd-Frank Wall Street Reform And Consumer Protection Act: A Failed Vision For Increasing Consumer Protection And Heightening Corporate Responsibility In International Financial Transactions, Eric C. Chaffee Jan 2011

The Dodd-Frank Wall Street Reform And Consumer Protection Act: A Failed Vision For Increasing Consumer Protection And Heightening Corporate Responsibility In International Financial Transactions, Eric C. Chaffee

American University Law Review

No abstract provided.


Investment Recommendations And The Essence Of Duty, Onnig H. Dombalagian Jan 2011

Investment Recommendations And The Essence Of Duty, Onnig H. Dombalagian

American University Law Review

No abstract provided.


May It Please The Senate: An Empirical Analysis Of The Senate Judiciary Committee Hearings Of Supreme Court Nominees, 1939-2009, Lori A. Ringhand, Paul M. Collins Jr. Jan 2011

May It Please The Senate: An Empirical Analysis Of The Senate Judiciary Committee Hearings Of Supreme Court Nominees, 1939-2009, Lori A. Ringhand, Paul M. Collins Jr.

American University Law Review

No abstract provided.


The Federal Circuit's Decision In Myriad: Isolated Dna Molecules Are Patentable Subject Matter, Seth R. Ogden Jan 2011

The Federal Circuit's Decision In Myriad: Isolated Dna Molecules Are Patentable Subject Matter, Seth R. Ogden

American University Law Review

No abstract provided.