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Articles 1 - 30 of 167
Full-Text Articles in Law
Family Law In The Republic Of Ireland, William Binchy
Family Law In The Republic Of Ireland, William Binchy
Georgia Journal of International & Comparative Law
No abstract provided.
Palandt, Burgerliches Gesetzbuch. Commentaries On The German Civil Code, 36th Rev. Ed., Hugo Hahn
Palandt, Burgerliches Gesetzbuch. Commentaries On The German Civil Code, 36th Rev. Ed., Hugo Hahn
Georgia Journal of International & Comparative Law
No abstract provided.
The International Banking Act Of 1978: Federal Regulation Of Foreign Banks In The United States, Patrick F. Mcmahon
The International Banking Act Of 1978: Federal Regulation Of Foreign Banks In The United States, Patrick F. Mcmahon
Georgia Journal of International & Comparative Law
No abstract provided.
The Origins Of Legislation, Ganesh Sitaraman
The Origins Of Legislation, Ganesh Sitaraman
Notre Dame Law Review
Although legislation is at the center of legal debates on statutory interpretation, administrative law, and delegation, little is known about how legislation is actually drafted. If scholars pay any attention to Congress at all, they tend to focus on what happens after legislation is introduced, ignoring how the draft came to exist in the first place. In other words, they focus on the legislative process, not the drafting process. The result is that our account of Congress, the legislative process, and the administrative state is impoverished, and debates in statutory interpretation and administrative law are incomplete. This Article seeks to …
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Public Land & Resources Law Review
In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.
Recidivism Recourse: Cracking Down On Florida's Sexually Violent Predators, Nicole Canha
Recidivism Recourse: Cracking Down On Florida's Sexually Violent Predators, Nicole Canha
Barry Law Review
No abstract provided.
Defining The "Defined"—Problem Gambling, Pathological Gambling, And Gambling Disorder: Impact On Policy And Legislation, Sarah A. Hinchliffe
Defining The "Defined"—Problem Gambling, Pathological Gambling, And Gambling Disorder: Impact On Policy And Legislation, Sarah A. Hinchliffe
Barry Law Review
No abstract provided.
Law Of The Sea - Proposed Deep Seabed Hard Mineral Resources Act, Betsy Cox, Frank Brogan
Law Of The Sea - Proposed Deep Seabed Hard Mineral Resources Act, Betsy Cox, Frank Brogan
Georgia Journal of International & Comparative Law
No abstract provided.
Improving The International Legislative Process, Paul C. Szasz
Improving The International Legislative Process, Paul C. Szasz
Georgia Journal of International & Comparative Law
No abstract provided.
Injury From Dumping: The Problem Of The "Regional Industry", Jack G. Wasserman
Injury From Dumping: The Problem Of The "Regional Industry", Jack G. Wasserman
Georgia Journal of International & Comparative Law
No abstract provided.
For Every Wrong, A Remedy: A Narrow Interpretation Of The Locomotive Inspection Act's Preemptive Scope In Asbestos Cases, Andrew Malzahn
For Every Wrong, A Remedy: A Narrow Interpretation Of The Locomotive Inspection Act's Preemptive Scope In Asbestos Cases, Andrew Malzahn
Hamline Law Review
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State Action On Appeal: Parker Immunity And The Collateral Order Doctrine In Antitrust Litigation, Jason Kornmehl
State Action On Appeal: Parker Immunity And The Collateral Order Doctrine In Antitrust Litigation, Jason Kornmehl
Seattle University Law Review
The collateral order doctrine is perhaps the most significant exception to the general rule that only final judgments are appealable. The doctrine is particularly important in antitrust litigation when a defendant asserts state action immunity, often referred to as Parker immunity. However, the circuit courts have struggled with the question of whether a denial of Parker immunity is immediately appealable as a collateral order. This unsettled procedural issue is further complicated by the fact that the substantive law on Parker immunity differs depending on the entity asserting state action. This Article argues that a governmental entity that is deemed part …
Developments In Animal Law: An Evolving Area In Virginia Law, Ryan Murphy
Developments In Animal Law: An Evolving Area In Virginia Law, Ryan Murphy
University of Richmond Law Review
No abstract provided.
Professional Athletes Are "Seeing Stars": How Athletes Are "Knocked-Out" Of States' Workers' Compensation Systems, Matthew Friede
Professional Athletes Are "Seeing Stars": How Athletes Are "Knocked-Out" Of States' Workers' Compensation Systems, Matthew Friede
Hamline Law Review
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Are Unions A Constitutional Anomaly?, Cynthia Estlund
Are Unions A Constitutional Anomaly?, Cynthia Estlund
Michigan Law Review
This term in Friedrichs v. California Teachers Ass’n, the Supreme Court will consider whether ordinary public employees may constitutionally be required to pay an “agency fee,” as a condition of employment, to the union that represents them in collective bargaining. The Court established the terms of engagement in the 2014 decision Harris v. Quinn, which struck down an agency fee on narrower grounds while describing the current doctrine approving agency fees, blessed many times by the Court itself, as an “anomaly.” This Article asks whether labor unions are themselves anomalies in our legal system, particularly in their constitutional entitlements. Its …
Delegating Tax, James R. Hines Jr., Kyle D. Logue
Delegating Tax, James R. Hines Jr., Kyle D. Logue
Michigan Law Review
Congress delegates extensive and growing lawmaking authority to federal administrative agencies in areas other than taxation, but tightly limits the scope of Internal Revenue Service (IRS) and Treasury regulatory discretion in the tax area, specifically not permitting these agencies to select or adjust tax rates. This Article questions why tax policy does and should differ from other policy areas in this respect, noting some of the potential policy benefits of delegation. Greater delegation of tax lawmaking authority would allow administrative agencies to apply their expertise to fiscal policy and afford timely adjustment to changing economic circumstances. Furthermore, delegation of the …
Standing In The Way Of The Ftaia: Exceptional Applications Of Illinois Brick, Jennifer Fischell
Standing In The Way Of The Ftaia: Exceptional Applications Of Illinois Brick, Jennifer Fischell
Michigan Law Review
In 1982, Congress enacted the Foreign Antitrust Trade Improvements Act (FTAIA) to resolve uncertainties about the international reach and effect of U.S. antitrust laws. Unfortunately, the FTAIA has provided more questions than answers. It has been ten years since the Supreme Court most recently interpreted the FTAIA, and crucial questions and circuit splits abound. One of these questions is how to understand the convergence of the direct purchaser rule (frequently referred to as the Illinois Brick doctrine) and the FTAIA. Under the direct purchaser rule, only those who purchase directly from antitrust violators are typically permitted to sue under section …
Holding On To Clarity: Reconciling The Federal Kidnapping Statute With The Trafficking Victims Protection Act, Benjamin Reese
Holding On To Clarity: Reconciling The Federal Kidnapping Statute With The Trafficking Victims Protection Act, Benjamin Reese
Michigan Law Review
In recent decades, the international community has come to recognize human trafficking as a problem of epidemic proportions. Congress responded to this global crisis in 2000 by passing the Trafficking Victims Protection Act (TVPA) and has since supplemented that comprehensive enactment. But, in light of the widespread use of psychological rather than physical coercion in trafficking cases, a long-standing split among federal courts regarding the scope of the federal kidnapping statute raises significant concerns about the United States’ efforts to combat traffickers. In particular, the broad interpretation adopted by several circuits threatens effective enforcement of statutes designed to prosecute traffickers, …
Tax Incentives To Exportation: Alternatives To Disc, Timothy A. Peterson
Tax Incentives To Exportation: Alternatives To Disc, Timothy A. Peterson
Georgia Journal of International & Comparative Law
No abstract provided.
Through The Antiboycott Morass To An Export Priority, Mark D. Menefee, Don Samuel
Through The Antiboycott Morass To An Export Priority, Mark D. Menefee, Don Samuel
Georgia Journal of International & Comparative Law
No abstract provided.
United States Human Rights Policy: Effect On Exports, Russell D. Carter, Frank D. Brogan
United States Human Rights Policy: Effect On Exports, Russell D. Carter, Frank D. Brogan
Georgia Journal of International & Comparative Law
No abstract provided.
A Consumer Perspective On The Tokyo Round, Clinton Warne
A Consumer Perspective On The Tokyo Round, Clinton Warne
Georgia Journal of International & Comparative Law
No abstract provided.
The Tokyo Round: A Labor View, Catherine E. Bocskor
The Tokyo Round: A Labor View, Catherine E. Bocskor
Georgia Journal of International & Comparative Law
No abstract provided.
After The Mtn: What Is In Store For Importers?, Ted Rowland, Barry H. Nemmers
After The Mtn: What Is In Store For Importers?, Ted Rowland, Barry H. Nemmers
Georgia Journal of International & Comparative Law
No abstract provided.
The Role Of Law And Lawyers Under The New Multilateral Trade Agreements, Robert E. Herzstein
The Role Of Law And Lawyers Under The New Multilateral Trade Agreements, Robert E. Herzstein
Georgia Journal of International & Comparative Law
No abstract provided.
Symposium - The Tokyo Round: It's Meaning And Effect, Introduction, Robert S. Strauss
Symposium - The Tokyo Round: It's Meaning And Effect, Introduction, Robert S. Strauss
Georgia Journal of International & Comparative Law
No abstract provided.
An Administrative Meter Maid: Using Inter Partes Review And Post-Grant Review To Curb Exclusivity Parking Via The "Failure To Market" Provision Of The Hatch-Waxman Act, Brian T. Apel
Michigan Law Review
Congress created the unique Hatch-Waxman framework in 1984 to increase the availability of low-cost generic drugs while preserving patent incentives for new drug development. The Hatch-Waxman Act rewards generic drug companies that successfully challenge a pharmaceutical patent: 180 days of market exclusivity before any other generic firm can enter the market. When a generic firm obtains this reward, sometimes drug developers agree to pay generic firms to delay entering the market. These pay-for-delay agreements give rise to exclusivity parking and run counter to congressional intent by delaying full generic drug competition. The Medicare Prescription Drug, Improvement, and Modernization Act created …
The War Powers Consultation Act: Keeping War Out Of The Zone Of Twilight, Brendan Flynn
The War Powers Consultation Act: Keeping War Out Of The Zone Of Twilight, Brendan Flynn
Catholic University Law Review
The Constitution divides the war powers between Congress, which declares war, and the President, who serves as Commander-in-Chief of the Armed Forces. Since the Korean War, the President has claimed increased authority to send the military into harm’s way without Congressional authorization. This Comment surveys the war powers issue through U.S. history and asserts that the President’s claim of increased authority has been enabled by Congressional abdication of its role, leading to wars fought in a legal “zone of twilight” in which Congress has neither authorized nor forbidden Presidential action (drawing on Justice Jackson’s famous tripartite analysis in his Youngstown …
Enhancing Accountability At The Department Of Veterans Affairs: The Legality Of The Veterans Access, Choice, And Accountability Act Of 2014 Under The Due Process Clause, Ashton Habighurst
Enhancing Accountability At The Department Of Veterans Affairs: The Legality Of The Veterans Access, Choice, And Accountability Act Of 2014 Under The Due Process Clause, Ashton Habighurst
Catholic University Law Review
In April 2014, news of long delays at the Phoenix VA Medical Center and the subsequent deaths of forty Veterans awaiting medical appointments shocked the nation. Based on this perceived failure among VA’s senior medical staff, legislation swept through the House and the Senate in an attempt to enhance accountability at the VA. By August 2014, President Obama signed the Veterans Access, Choice and Accountability Act of 2014 into law. This Act revises the termination procedures concerning the VA’s senior executives, by eliminating the notice requirement, significantly reducing the appellate procedures for adverse employment decision to the Merit Systems Protection …
The Minty Taste Of Death: State And Local Options To Regulate Menthol In Tobacco Products, Michael Freiberg
The Minty Taste Of Death: State And Local Options To Regulate Menthol In Tobacco Products, Michael Freiberg
Catholic University Law Review
Explaining why the additive menthol in tobacco products creates major public health risks, this article advocates for restricting the addition of menthol in cigarettes as a way to reduce smoking-related disease and death. Author Michael Freiberg describes how the decision to regulate menthol in tobacco products, on a federal level, was historically delegated by Congress to the discretion of the U.S. FDA, outlines the U.S. FDA’s subsequent failure to regulate menthol, and surveys state and local government efforts to regulate menthol in response to the FDA’s inaction. The article proposes additional actions that these state and local governments could take …