Law Commons^™

In Defense Of The Superfund Liability System: Matching The Diagnosis And The Cure, Rena Steinzor, Linda Greer

Rena I. Steinzor

No abstract provided.

Oversight Hearing On The Federal Superfund Program's Activities To Protect Public Health, Rena Steinzor

Rena I. Steinzor

No abstract provided.

A Perfect Storm: Mercury And The Bush Administration, Rena Steinzor, Lisa Heinzerling

Rena I. Steinzor

In December 2003, the Environmental Protection Agency (EPA) proposed a rule for mercury emissions from power plants and issued a final rule for mercury emissions from chlor-alkali facilities. Regarding power plants, EPA had previously found that mercury posed the most serious threat among the hazardous air pollutants emitted by power plants, and also that regulation of mercury from power plants was appropriate and necessary under section 112 of the Clean Air Act, which requires stringent technology-based regulation for hazardous air pollutants. Despite section 112's clear rejection of emissions trading as a compliance option, EPA has proposed to allow commercial trading …

Securing Our Infrastructure: Private/Public Information Sharing, Rena Steinzor

Rena I. Steinzor

No abstract provided.

Capture, Accountability, And Regulatory Metrics, Sidney Shapiro, Rena Steinzor

Rena I. Steinzor

No abstract provided.

Civil Rights In The Cyber World, Danielle Citron

Danielle Keats Citron

No abstract provided.

Fulfilling Government 2.0'S Promise With Robust Privacy Protections, Danielle Citron

Danielle Keats Citron

The public can now “friend” the White House and scores of agencies on social networks, virtual worlds, and video-sharing sites. The Obama Administration sees this trend as crucial to enhancing governmental transparency, public participation, and collaboration. As the President has underscored, government needs to tap into the public’s expertise because it doesn’t have all of the answers. To be sure, Government 2.0 might improve civic engagement. But it also might produce privacy vulnerabilities because agencies often gain access to individuals’ social network profiles, photographs, videos, and contact lists when interacting with individuals online. Little would prevent agencies from using and …

Creating A Legal Framework For Copyright Management Of Open Access Within The Australian Academic And Research Sector, Brian Fitzgerald, Anne Fitzgerald, Mark Perry, Scott Kiel-Chisholm, Erin Driscoll, Dilan Thampapillai, Jessica Coates

Mark Perry

This Report analyses the copyright law framework needed to ensure open access to outputs of the Australian academic and research sector such as datasets, articles and theses. It is written in the context of an increasing recognition, in Australia and internationally, that access to knowledge is a key driver of social, cultural and economic development and that publicly funded research should be openly accessible. With the objective of enabling access to knowledge, this Report proposes the development of clear protocols for copyright management (designed as practical and effective tools) for implementation in the Australian academic and research sector The Report …

Open Access Week (Retention Of Author Rights), Mark Perry

Mark Perry

No abstract provided.

Circulatory Arrest In A Brain-Dead Organ Donor: Is The Use Of Cardiac Compression Permissible?, Michael Moreland

Michael P. Moreland

No abstract provided.

Repeal Tax Incentives For Esops, Andrew Stumpff, Norman Stein

Norman P. Stein

The proposal would repeal special tax incentives given to employee stock ownership plans, as well as the exemption granted to those plans from the investment diversification requirement of the ERISA.

The proposal is made as a part of the Shelf Project, a collaboration among tax professionals to develop - and perfect proposals to help Congress when it is ready to raise revenue. Shelf Project proposals are intended to raise revenue without raising rates because the best systems have the lowest feasible tax rates and taxes that are unavoidable. Shelf projects defend the tax base and improve the rationality and efficiency …

'Conditional Plea' Should Be An Option In Illinois, Timothy O'Neill

Timothy P. O'Neill

A Legal And Economic Analysis Of The Volume Contract Concept Under The Rotterdam Rules: Selected Issues In Perspective, Abhinayan Basu Bal

Abhinayan Basu Bal

The prevailing regimes for the carriage of goods by sea are “one-way mandatory,” which means that contracts must not derogate from the convention to the shipper’s detriment, but derogation that increases the carrier’s obligations is allowed. The Rotterdam Rules provides for volume contracts that allow the parties to enter into mutually negotiated agreements through which they can derogate from the Rules, subject to certain safeguards, regardless of whether such derogation increases or decreases the carrier’s obligations.

This article attempts to probe into the emergence of the contract paradigm of free bargaining norms where there is in place a volume contract. …

Patent Law Handbook, Lawrence Sung, Jeff Schwartz

Lawrence M. Sung

Helps attorneys discern what the courts may find, while providing immediate access to current law. Also alerts attorneys to new developments in the law and how they may impact an individual practice. Easy access to information on validity; inequitable conduct; defenses and counterclaims; infringement; willful infringement; remedies; appeal; pretrial and trial issues; Patent Office proceedings; licensing; patent proceedings in other forms, including ITC proceedings and claims court. Also analyzes Federal Circuit’s approach to statutory subject matter as it relates to computer software, its decision clarifying the role of judges and juries in interpreting claims, and its holdings in other opinions.

The New Private Ordering Of Intellectual Property, Lawrence Sung

Lawrence M. Sung

One consequence of the renewed U.S. Supreme Court interest in patent cases in recent years is an enhanced scrutiny on patent rights generally and, in particular, on the importance of better defining contracts to govern the patent rights among the parties. The Intellectual Property Law Program of the University of Maryland School of Law, in collaboratoin with the Business Law Program and the Journal of Business & Technology Law, convened a symposium on April 18, 2008 to consider the pertinent jurisprudence to inform prudent business practices in managing patent rights by private agreements. This Issue of the Journal includes a …

Stranger In A Strange Land: Biotechnology And The Federal Circuit, Lawrence Sung

Lawrence M. Sung

No abstract provided.

Sotomayor Can't Escape An Overworked Word, Timothy O'Neill

Timothy P. O'Neill

U.S. Supreme Court Environmental Cases 2008-2009: A Year Like No Other, James R. May

James R. May

The author of this article says the last term of the U.S. Supreme Court was in many respects like no other in modern environmental law. During the 2008-2009 term, the Supreme Court ruled on novel and important questions concerning preliminary injunctions under the National Environmental Policy Act; cost-benefit analyses and permitting under the Clean Water Act; arranger and joint and several liability under the Comprehensive Environmental Response, Compensation, and Liability Act; and environmental standing. At no turn, says the author, did the court favor the environment over other interests. He says the court even reached down to reverse decisions in …

Pyrrhic Victory: Daniel Goldman's Defeat Of Zoning In The Maryland Court Of Appeals, Garrett Power

Garrett Power

Nowadays government regulation of the use of urban land is taken for granted. Such was not always the case. Some sixty years ago, the Maryland Court of Appeals held it unconstitutional for Zoning Commissioner J. Frank Crowther to deny a request for a permit to operate a tailor shop in the basement of a Eutaw Place home. This paper examines the case of Goldman v. Crowther. Goldman's story reads like a comic melodrama with a tragic ending. But the saga also illuminates the social condition - it sheds light and casts shadows on the practice of xenophobia, the nature of …

Reconstructing A Pedagogy Of Responsibility, Barbara Bezdek

Barbara L Bezdek

No abstract provided.

To Attain “The Just Rewards Of So Much Struggle”: Local-Resident Equity Participation In Urban Revitalization, Barbara Bezdek

Barbara L Bezdek

Annually, Americans pour out their sympathy for people displaced from their communities by natural disasters such as fires, floods, and hurricanes. We respond, knowing the anchor that the concept of “home” supplies to body, soul, and family; we intuit the toll exacted by the loss of familiar walls, private homes and community-shared places. Yet, redevelopment policy and practice in the U.S. today relies upon the massive relocation of poor people and the destruction of poor people’s neighborhoods with only token recognition of the costs and burdens imposed on the displaced. Although the devastation of community, family, and lives is just …

"Legal Theory And Practice" Development At The University Of Maryland: One Teacher's Experience In Programmatic Context, Barbara Bezdek

Barbara L Bezdek

No abstract provided.

Modern Man, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Defense Attorneys, Start Planning Your Strategy, Timothy O'Neill

Timothy P. O'Neill

Bologna Revisited (First Things, August 2009), Patrick Brennan

Patrick McKinley Brennan

No abstract provided.

¡Que Fácil!, Manuel Ayau

Manuel Ayau (1925-2010)

No abstract provided.

Why Justice Scalia Should Be A Constitutional Comparativist ... Sometimes, David Gray

David C. Gray

The burgeoning literature on transjudicialism and constitutional comparativism generally reaffirms the familiar lines of contest between textualists and those more inclined to read the Constitution as a living document. As a consequence, it tends to be politicized, if not polemic. This article begins to shift the debate toward a more rigorous focus on first principles. In particular, it argues that full faith to the basic commitments of originalism, as advanced in Justice Scalia's writings, opinions, and speeches, requires domestic courts to consult contemporary foreign sources when interpreting universalist language found in the Constitution. While the article does not propose a …

An Excuse-Centered Approach To Transitional Justice, David Gray

David C. Gray

Transitional justice asks what successor regimes, committed to human rights and the rule of law, can and should do to seek justice for atrocities perpetrated by and under their predecessors. The normal instinct is to prosecute criminally everyone implicated in past wrongs; but practical conditions in transitions make this impossible. As a result, most transitions pursue hybrid approaches, featuring prosecutions of those most responsible, amnesties, truth commissions, and reparations. This approach is often condemned as a compromise against justice. This article advances a transitional jurisprudence that justifies the hybrid approach by taking normative account of the unique conditions that define …

Moving Beyond Islam And Human Rights: Review Of Akbarzadeh & Macqueen's 'Islam And Human Rights', Anthony Chase

Anthony Chase

No abstract provided.

The Unpredictability Paradox: Punitive Damages And Interest In International Arbitration, John Gotanda

John Y Gotanda

No abstract provided.