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Full-Text Articles in Law

Individual Accountability For Corporate Crime, Gregory Gilchrist Feb 2018

Individual Accountability For Corporate Crime, Gregory Gilchrist

Georgia State University Law Review

Corporate crime is too often addressed by fining the corporation, leaving the real people who committed the crime facing no consequence at all. This failure to hold individuals accountable in cases of corporate malfeasance generates an accountability gap that undermines deterrence and introduces expressive costs. Facing heightened criticism of this trend, then-Deputy Attorney General Sally Yates issued a policy designed to generate prosecutions of real people in cases of corporate wrongdoing. The policy reflects a strong and continuing demand for more prosecutions of individuals in the corporate context.

This Article contends that the effort to introduce accountability by increasing prosecutions ...


Against Conduct-Based Immunity For Torture Victim Protection Act Defendants, Luke Ryan Feb 2018

Against Conduct-Based Immunity For Torture Victim Protection Act Defendants, Luke Ryan

Barry Law Review

On October 13, 2016, former Israeli Minister of Defense, Ehud Barak, was granted immunity and dismissed from a civil action alleging he violated the Torture Victim Protection Act of 1991 (TVPA) by authorizing the torture and extrajudicial killing of an American citizen. Both the government of Israel and the United States Department of State called on the court to grant federal common law foreign official immunity by arguing that Barak was protected from suit because he acted “in his official capacity.” The TVPA, however, permits legal action against foreign defendants who have acted in such a capacity—namely, “under actual ...


The Self-Delegation False Alarm: Analyzing Auer Deference's Effect On Agency Rules, Daniel E. Walters Feb 2018

The Self-Delegation False Alarm: Analyzing Auer Deference's Effect On Agency Rules, Daniel E. Walters

Faculty Scholarship

Auer deference holds that when agencies interpret their own pre-existing regulations, they receive deference from reviewing courts. The doctrine serves a critical function in the administrative process, obviating the need for agencies to undergo costly notice-and-comment rulemaking each time interpretation of existing regulations is necessary and guaranteeing that agencies’ good faith exercise of interpretive discretion will be respected by courts. But for some leading scholars and jurists, this benign-sounding doctrine actually encourages agencies to promulgate vague rules in the first instance, augmenting agency power and violating core separation-of-powers norms in the process. This “perverse incentives thesis” has become increasingly influential ...


Maine's Overburdened Law Court: Has The Time Come For A Maine Appeals Court?, Peter L. Murray Feb 2018

Maine's Overburdened Law Court: Has The Time Come For A Maine Appeals Court?, Peter L. Murray

Maine Law Review

For the entire 178 years of Maine's statehood, its Supreme Judicial Court, “sitting as the Law Court,” has served as Maine's appellate court of first and last resort for all appeals from its trial courts of general jurisdiction. Over this time span, and particularly over the last three decades, the growth in number and complexity of civil and criminal appeals has placed the Law Court under an extremely heavy burden of cases. The sheer number of the appeals which the Law Court is expected to consider and decide risks exceeding the capacity of the institution for careful, thorough ...


Access To Adjudication Materials On Federal Agency Websites, Daniel J. Sheffner Feb 2018

Access To Adjudication Materials On Federal Agency Websites, Daniel J. Sheffner

Akron Law Review

This Article offers recommendations and best practices for federal administrative agencies interested in improving the accessibility of orders, opinions, briefs, and other materials filed or issued in administrative adjudication proceedings on their websites and in maintaining more comprehensive online collections of such adjudication materials. Part I provides an overview of federal administrative adjudication and the laws and policies relevant to the online disclosure of adjudication materials. Part II summarizes a survey the author conducted of 24 federal agency websites and presents its results. Part III analyzes the survey’s findings, dividing the analysis into two sections. The first section discusses ...


The Tradition Of Sustantive Judicial Review: A Case Study Of Continuity In Constitutional Jurisprudence, David M. Gold Feb 2018

The Tradition Of Sustantive Judicial Review: A Case Study Of Continuity In Constitutional Jurisprudence, David M. Gold

Maine Law Review

Until the 1970s, scholars routinely asserted that courts in the late nineteenth century initiated a radical reinterpretation of due process of law in their attempt to stem an onrushing tide of legislation designed to regulate business activity. This protection-of-business theory of due process development originated with the efforts of socialist and progressive commentators of the early twentieth century to discredit what they saw as a “revolutionary” transformation of due process from a term of “nominal significance in American constitutional law” into a bulwark of property. Progressive intellectuals assailed the judiciary in similar terms. Yale University president Arthur T. Hadley, an ...


In Pursuit Of The Public Good: Lawyers Who Care, Ruth Bader Ginsburg Feb 2018

In Pursuit Of The Public Good: Lawyers Who Care, Ruth Bader Ginsburg

Maine Law Review

The Eighth Annual Frank M. Coffin Lecture on Law and Public Service was held on November 22, 1999. The Honorable Ruth Bader Ginsburg, Associate Justice of the United States Supreme Court, delivered the lecture. Established in 1992, the lecture honors Judge Frank M. Coffin, Senior Circuit Judge of the United States Court of Appeals for the First Circuit and long-time friend of the University of Maine School of Law.


The Federal Equity Power, Michael T. Morley Jan 2018

The Federal Equity Power, Michael T. Morley

Boston College Law Review

Throughout the first century and a half of our nation’s history, federal courts treated equity as a type of general law. They applied a uniform, freestanding body of principles derived from the English Court of Chancery to all equitable issues that came before them, regardless of whether a case arose under federal or state law. In 1945, in Guaranty Trust Co. v. York, the United States Supreme Court held that, notwithstanding the changes wrought by the Erie Doctrine, federal courts may continue to rely on these traditional principles of equity to determine the availability of equitable relief, such as ...


El Desalojo Express Y Los Desaciertos Del Pleno, Paul Cajacuri Jancachagua Jan 2018

El Desalojo Express Y Los Desaciertos Del Pleno, Paul Cajacuri Jancachagua

Paul Cajacuri Jancachagua

Comentarios a los acuerdos plenarios sobre desalojo express 2017


La Corte Di Giustizia Della Ue Specifica In Quale Caso La Denominazione Di Un Prodotto Contenente Un Ingrediente Protetto Da Una Dop Non Ne Implica L'Usurpazione, L'Imitazione O L'Evocazione: La Sentenza "Champagner Sorbet", Luis González Vaqué Jan 2018

La Corte Di Giustizia Della Ue Specifica In Quale Caso La Denominazione Di Un Prodotto Contenente Un Ingrediente Protetto Da Una Dop Non Ne Implica L'Usurpazione, L'Imitazione O L'Evocazione: La Sentenza "Champagner Sorbet", Luis González Vaqué

Luis González Vaqué

Provided for non-commercial research and education use. Not for reproduction, distribution or commercial use.

- L’articolo 118 quaterdecies, paragrafo 2, lettera a), ii), del regolamento (CE) n. 1234/2007 del Consiglio, del 22 ottobre 2007, recante organizzazione comune dei mercati agricoli e disposizioni specifiche per taluni prodotti agricoli (regolamento unico OCM), come modificato dal regolamento (CE) n. 491/2009 del Consiglio, del 25 maggio 2009, e l’articolo 103, paragrafo 2, lettera a), ii), del regolamento (UE) n. 1308/2013 del Parlamento europeo e del Consiglio, del 17 dicembre 2013, recante organizzazione comune dei mercati dei prodotti agricoli e che ...


Adaptation Nation: Three Pivotal Transitions In American Law & Society Since 1886, Mariano-Florentino Cuéllar Jan 2018

Adaptation Nation: Three Pivotal Transitions In American Law & Society Since 1886, Mariano-Florentino Cuéllar

Oklahoma Law Review

No abstract provided.


Deep Pocket Jurisprudence: Where Tort Law Should Draw The Line, Victor E. Schwartz, Phil Goldberg, Christopher E. Appel Jan 2018

Deep Pocket Jurisprudence: Where Tort Law Should Draw The Line, Victor E. Schwartz, Phil Goldberg, Christopher E. Appel

Oklahoma Law Review

No abstract provided.


How Masculinity Can Shape Judicial Decision Making, Rebecca D. Gill, Michael Kagan, Fatma Marouf Jan 2018

How Masculinity Can Shape Judicial Decision Making, Rebecca D. Gill, Michael Kagan, Fatma Marouf

Research Briefs

No abstract provided.


Copyright As Market Prospect, Shyamkrishna Balganesh Jan 2018

Copyright As Market Prospect, Shyamkrishna Balganesh

Faculty Scholarship

For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts—principally trespass and negligence—in order to understand copyright’s structure of entitlement and liability. This focus on property- and harm-based torts has altogether ignored an area of tort law with significant import for our understanding of copyright law: tortious interference with a prospective economic advantage. This Article develops an understanding of copyright law using tortious interference with a prospect as a homology. Tortious interference with a prospect allows a plaintiff to recover when a defendant's volitional actions interfere with a potential economic ...


Law Library Blog (January 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jan 2018

Law Library Blog (January 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin Jan 2018

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011 ...


The Constitutional Law Of Incarceration, Reconfigured, Margo Schlanger Jan 2018

The Constitutional Law Of Incarceration, Reconfigured, Margo Schlanger

Articles

On any given day, about 2.2 million people are confined in U.S. jails and prisons—nearly 0.9% of American men are in prison, and another 0.4% are in jail. This year, 9 or 10 million people will spend time in our prisons and jails; about 5000 of them will die there. A decade into a frustratingly gradual decline in incarceration numbers, the statistics have grown familiar: We have 4.4% of the world’s population but over 20% of its prisoners. Our incarceration rate is 57% higher than Russia’s (our closest major country rival in ...


Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam Macleod Dec 2017

Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam Macleod

Adam MacLeod

The idea of vested private rights is divisive; it divides those who practice law from those who teach and think about law. On one side of the divide, practicing lawyers act as though (at least some) rights exist and exert binding obligation upon private persons and government officials. On the other side of the divide, scholars of law and jurisprudence have generally proceeded, since at least the rise of English positivism in the nineteenth century and the American legal realist movement in the early twentieth, as if the concept of vested right has little real meaning. This article attempts to ...


Expert Testimony And The Epistemology Of Disagreement, Alex Stein Dec 2017

Expert Testimony And The Epistemology Of Disagreement, Alex Stein

Alex Stein

This Comment contributes to the special volume of the Seton Hall Law Review, Experts, Inference and Innocence: Symposium in Honor of the Work of D. Michael Risinger.
 
In this Comment, I connect science-driven postconviction relief to the epistemology of disagreement—a young and rapidly developing discipline that analyzes the effects of a disagreement on the truth-value of the underlying opinion. Specifically, I argue that when a prosecution’s expert makes an inculpatory finding and then finds out that an equally informed and honest expert—an “epistemic peer”—arrived at a different opinion indicating that the defendant might be innocent, she ...


Law And The Epistemology Of Disagreements, Alex Stein Dec 2017

Law And The Epistemology Of Disagreements, Alex Stein

Alex Stein

This Article identifies a discrepancy between law and epistemology and proposes a way to fix it. Our legal system relies on decisions of multimember tribunals, which include juries, state and federal appellate courts and supreme courts. Members of those tribunals often disagree with each other on matters of fact. The system settles such disagreement by applying head-counting rules: the unanimity or supermajority requirement for jury verdicts and the majority rule for judges’ decisions. Under these rules, jurors can return an agreed-upon verdict even when their reasons for supporting the verdict are inconsistent with one another. Similarly, judges are authorized to ...


Formal And Informal Constitutional Amendment Of The United States Constitution, Richard S. Kay Dec 2017

Formal And Informal Constitutional Amendment Of The United States Constitution, Richard S. Kay

Richard Kay

This is the United States report submitted for the session on Formal and Informal Constitutional Amendment at the Twentieth Congress of the International Academy of Comparative Law to be held in Fukuoka, Japan in July, 2018. The report reviews the rules of Article V of the United States Constitution that sets out the rules for constitutional amendment and it provides a brief chronology of the twenty-eight amendments adopted to date. It notes a number of potential problems of interpretation associated with Article V. The report considers the widely held assumption that the United States Constitution is one of the hardest ...


The "P" Word: Ohio Should Adopt The Uniform Premarital Agreements Act To Achieve Consistency And Uniformity In The Treatment Of Prenuptial Agreements, Jenna Christine Colucci Dec 2017

The "P" Word: Ohio Should Adopt The Uniform Premarital Agreements Act To Achieve Consistency And Uniformity In The Treatment Of Prenuptial Agreements, Jenna Christine Colucci

Cleveland State Law Review

Throughout the United States, courts have used inconsistent standards for the interpretation of prenuptial agreements. Under Ohio jurisprudence, courts are concerned with protecting the vulnerable spouse or the economically disadvantaged party. This legal standard acknowledges the unique relationship of the parties to the contract and will generally review the procedural and substantive components of the prenuptial agreement. Conversely, other courts are weary of interfering with the contractual freedom of the parties and will only invalidate a prenuptial agreement upon a showing of fraud, duress, or misrepresentation. The Uniform Premarital Agreement Act was drafted in 1983 to address the inconsistent treatment ...


Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb Dec 2017

Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb

Articles

This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team found ...


A New Deal Approach To Statutory Interpretation: Selected Cases Authored By Justice Robert Jackson, Charles Patrick Thomas Dec 2017

A New Deal Approach To Statutory Interpretation: Selected Cases Authored By Justice Robert Jackson, Charles Patrick Thomas

Journal of Legislation

No abstract provided.


Running From The Gender Police: Reconceptualizing Gender To Ensure Protection For Non-Binary People, Katie Reineck Dec 2017

Running From The Gender Police: Reconceptualizing Gender To Ensure Protection For Non-Binary People, Katie Reineck

Michigan Journal of Gender and Law

Non-binary people who are discriminated against at work or school are in a unique and demoralizing position. Not only have some courts expressed reluctance to use existing antidiscrimination law to protect plaintiffs who are discriminated against based on their gender identity and not simply because they are men or women, in most states non-binary genders are not legally recognized. I argue that a fundamental right to self-identification grounded in the Due Process Clause of the Fourteenth Amendment would provide non-binary plaintiffs with the ability to assert their gender in court and have that assertion carry legal weight, regardless of how ...


The Commercialisation Of Equity, Man Yip, James Lee Dec 2017

The Commercialisation Of Equity, Man Yip, James Lee

Research Collection School Of Law

This paper analyses the jurisprudence on the relevance of the commercial context to principles of the law of equity and trusts. We criticise recent UK Supreme Court decisions in the area (chiefly Williams v Central Bank of Nigeria, FHR European Ventures v Cedar Capital Partners and AIB Group v Mark Redler & Co) and identify a trend of the 'commercialisation' of the issues. The cases are placed in comparative context and it is argued that there is an unsatisfactory pattern of judicial reasoning, exhibiting a preference for some degree of unarticulated flexibility in commercial adjudication. But the price of that flexibility ...


Ideal Theory And The Limits Of Historical Narrative, Anthony O'Rourke Nov 2017

Ideal Theory And The Limits Of Historical Narrative, Anthony O'Rourke

Anthony O'Rourke

Some intellectual concepts that once played a central role in America’s constitutional history are, for both better and worse, no longer part of our political language.[1] These concepts may be so alien to us that they would remain invisible without carefully reexamining the past in order to challenge the received narratives of America’s constitutional development.[2] Should constitutional theorists undertake this kind of historical reexamination? If so, to what extent should they be willing to stray from the disciplinary norms that govern intellectual history? And what normative aims can they reasonably expect to achieve by exploring ideas ...


Who's Afraid Of Judicial Activism? Reconceptualizing A Traditional Paradigm In The Context Of Specialized Domestic Violence Court Programs, Jennifer L. Thompson Nov 2017

Who's Afraid Of Judicial Activism? Reconceptualizing A Traditional Paradigm In The Context Of Specialized Domestic Violence Court Programs, Jennifer L. Thompson

Maine Law Review

The Specialized Domestic Violence Pilot Project (Pilot Project), implemented in York and Portland in July and August 2002, is the result of the collaborative efforts of the District Court system, law enforcement, prosecutors, members of the defense bar, and various community agencies offering services to victims and perpetrators. District court judges are largely responsible for overseeing the changes in court procedures and implementing the new protocols in domestic violence cases. The Pilot Project, and the changes it is making to the role that courts play in domestic violence cases, represents a significant departure from the procedures followed by traditional court ...


The False Idolarty Of Rules-Based Law, John C. Sheldon Nov 2017

The False Idolarty Of Rules-Based Law, John C. Sheldon

Maine Law Review

When the Supreme Court outlawed segregation in public schools in 1954, it acknowledged this social truth: assigning separate public facilities to separate classes of people fosters inequality among those classes. Although Brown v. Board of Education of Topeka addressed only educational facilities, the Court quickly broadened the scope of its decision, applying it to racial discrimination in or at public beaches, buses, golf courses, parks, municipal airport restaurants and state courtrooms. And although Brown addressed only racial discrimination, it quickly became the basis for condemning many forms of discrimination, including race, religion, wealth, gender, age, and disability. What gave Brown ...


The Promotion Of Personhood Is A Principal Good Of Law, Scott T. Fitzgibbon Nov 2017

The Promotion Of Personhood Is A Principal Good Of Law, Scott T. Fitzgibbon

Boston College Law School Faculty Papers

A great good promoted by a well constructed legal system is the protection and promotion of character. Many other purposes prove to be justifiable, if at all, based on their instrumentality to this good.

When guided by this thesis, jurisprudence brings the discussion of law – what law is and what law ought to be – into constant conversation with anthropology: the perennial inquiry which our species conducts into the nature of the person.