Law Commons^™

Legislative Officer Succession: Part I And Part Ii, Seth Barrett Tillman

Seth Barrett Tillman

This article is the next installment of Legislative Officer Succession: Part I (posted on BEPRESS and on SSRN).

This section distinguishes "officers under the authority of the United States" from other classes of constitutional and statutory officers. It also responds to some of the Amars' structural arguments in defense of their "officer" (as used in the Succession Clause) equals "officer of the United States" (as used in the Appointments Clause) position.

The Amars state:

"It might be argued that an intermediate reading of the Succession Clause is possible -- one that insists that a successor be a federal, rather than …

Citation List To Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman

Seth Barrett Tillman

This document is a citation list to Bigler & Tillman's "Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law."
[11 January 2016]

Extract From Lawrence B. Solum's Semantic Originalism (Illinois Pub. Law Research Paper No. 07-24, 2008), Acknowledging Seth Barrett Tillman, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from Lawrence B. Solum, Semantic Originalism 1 n.* (Illinois Pub. Law Research Paper No. 07-24, 2008) acknowledging Seth Barrett Tillman.

[June 1, 2014]

Research In The Biotech Age: Can Informational Privacy Compete?, Wilhelm Peekhaus

Wilhelm Peekhaus

This paper examines the privacy of personal medical information in the health research context. Arguing that biomedical research in Canada has been caught up in the government’s broader neo-liberal policy agenda that has positioned biotechnology as a strategic driver of economic growth, the author discusses the tension between informational privacy and the need for medical information for research purposes. Consideration is given to the debate about whether privacy for medical information serves or hinders the ‘public good’ in respect of medical research, and to discussions of informed consent as an element of ‘fair information practices’ designed to safeguard the privacy …

Personal Health Information In Canada: A Comparison Of Citizen Expectations And Legislation, Wilhelm Peekhaus

Wilhelm Peekhaus

This paper explores whether the Canadian legislative protections in place to safeguard medical privacy meet the expectations of Canadians. An overview of current governance systems designed to protect the privacy of personal health information at both the federal and provincial levels is first presented. This is followed by an empirical analysis of the results of a public opinion survey conducted to determine Canadian attitudes about medical privacy, particularly genetic privacy. The analysis highlights areas where legislation and public opinion converge and diverge.

A Whale Of A Tale: Post-Colonialism, Critical Theory, And Deconstruction: Revisiting The International Convention For The Regulation Of Whaling Through A Socio-Legal Persepctive, Nick J. Sciullo

Nick J. Sciullo

This article is a critical interpretation of the indigenous whaling debate, which, although often discussed in legal academia, has received only passing critical attention. As a scholar in the critical theory/critical legal studies model, I am primarily concerned with the impact that law and debates about law have on divergent groups (racial, ethnic, gender, etc.). This article develops a criticism of the United States's postcolonial opposition to whaling, arguing, instead, for cultural relativism. The article indicts U.S. imperialism, and treatment of indigenous peoples, arguing for interdisciplinary analysis and a more keen appreciation for the voice of indigenous peoples. As I …

Antidumping Duties In The Agriculture Sector: Trade Restricting Or Trade Deflecting?, Nisha Malhotra, Horatiu Rus, Shinan Kassam

Nisha Malhotra

In this paper we analyze whether U.S. Anti-Dumping (AD) duties in the agricultural sector are effective in restricting trade. More specifically, does imposition of an antidumping duty restrict imports of the named commodity or is there a diversion in the supply of imports from countries named in the petition to countries not named in the antidumping petition? We find that AD duties have had a significant impact on the imports of agricultural commodities from the countries named in the petition. However, our results also indicate that, unlike the manufacturing sector in the US, there was little trade diversion towards countries …

Is The Right To Vote Really Fundamental?, Joshua A. Douglas

Joshua A. Douglas

Before the end of this term, the Supreme Court will decide in Crawford v. Marion County Election Board whether Indiana may require voters to show identification before casting a ballot. The Court will choose a standard of review and will analyze the consolidated cases accordingly. What may surprise you about this case is that no one really knows whether the Court will apply strict scrutiny or some lower standard of review to this voting rights challenge. This is because the Court’s history of election law jurisprudence has been fractured: for some cases the Court has deemed the right to vote …

Throwing Away The Key: An Examination Of New York's Sex Offender Commitment Law, Joseph E. Fahey

Joseph E Fahey

No abstract provided.

The Multiracial Epiphany, Kevin Noble Maillard

Kevin Noble Maillard

The year 1967 becomes the temporal landmark for the beginning of an interracial nation. That year, the United States Supreme Court ruled state antimiscegenation laws unconstitutional in Loving v Virginia. In addition to outlawing interracial marriage, these restrictive laws had created a presumption of illegitimacy for historical claims of racial intermixture. Not all states had antimiscegenation laws, but the sting of restriction extended to other states to forge a collective forgetting of mixed race. Defenders of racial purity could depend on these laws to render interracial relationships illegitimate. Looking back to Loving as the official birth of Multiracial America reinforces …

Throwing The Key Away: An Examination Of New York's Sex Offender Commitment Law, Joseph E. Fahey

Joseph E Fahey

This article examines the Sex Offender Management and Treatment Act enacted by New York effective April 1, 2007. It examines the statute, its various flaws, the constitutional implications of those flaws, its effect on the State's judicial system, and the way in which the courts have construed it since it has been in effect.

Mapping The Social Life Of The Law: An Alternative Approach To Legal Research, Ian Gallacher

Ian Gallacher

As the law moves inexorably to a digital publication model in which books no longer play a role, the problem of how to continue to make the law available to all becomes more acute. Open access initiatives already exist, and more are on the way, but all are limited by their inability to provide more than self-indexed search options for their users. Self-indexing, although a powerful alternative to the traditional pre-indexed searching made possible by systems like West’s “Key Number” digests, has inherent limitations which make it a poor choice as the sole means of researching the law. But developing …

The Anatomy Of Grey: A Theory Of Interracial Convergence, Kevin Noble Maillard, Janis L. Mcdonald

Kevin Noble Maillard

This article offers a theory of racial identity divorced from biological considerations. Law fails to recognize the complexity of racial performance and identity, thus categorically simplifying a perceived polarity of black and white. Ground-breaking scholarship addressing racial boundaries, as written by Randall Kennedy, Elizabeth Bartholet, and Angela Onwauchi-Willig, generally focuses on the enduring legacy of race discrimination. We approach these boundaries from a different angle—whites who become “less white.” We bring together the challenges of passing and adoption to offer a theory of fluid racial boundaries.

Transracial adoption provides one viable channel to discuss the possibilities of white-to-black racial identity …

Randomness And Complexity In Social Explanation: Evidence From Finance And Bankruptcy Law, Bernard Trujillo

Bernard Trujillo

No abstract provided.

Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss

Rebecca J. Huss

The United States District Court for the Eastern District of Virginia appointed Rebecca Huss as the guardian/special master of the pit bulls that were the subject of the case against Michael Vick relating to dog fighting. In April of 2007, the Surry County Sheriff's Department seized fifty-three pit bulls from Vick's home in Virginia. According to the facts set forth in the plea agreement, dogs on the property were killed and subjected to violent dog fights. Similar to human victims of abuse, the dogs needed someone to represent their best interests during litigation. Huss was in charge of determining whether …

Punishment, Invalidation, And Nonvalidation: What H.L.A. Hart Did Not Explain, Richard Stith

Richard Stith

Elaborating first upon H. L. A. Hart's distinction between imposing duties and imposing disabilities, this article explores the two senses mentioned (but not fully explained) by Hart in which power-holders may be legally disabled. Legal invalidation (nullification) of norms that have been generated by vulnerable power-holders is seen to reduce diversity or pluralism in every normative sphere, from the supranational to the intrafamilial. By contrast, mere legal nonvalidation (noncognizance) of such norms tends to preserve the autonomy of the power-holders that created the norms, thus enhancing legal pluralism. Punishment for creating forbidden norms amounts in principle to an in-between sort …

Excluding Religion Excludes More Than Religion, Richard Stith

Richard Stith

This Article contends that excluding apparently religious perspectives from public debate may inadvertently exclude non-religious perspectives as well, consequently impoverishing public discussion. This contention is demonstrated through an examination of the current debate over embryonic stem cell research, in which the pro-life position is often declared unacceptably religious. The truth is that those who envision the unborn as under construction in the womb do not find a human being present when gestation has just begun, while those who understand the unborn to be developing see an identity of being from conception. But neither view is based on religion. To disqualify …

The Reception Of Hans Kelsen's Legal Theory In The United States: A Sociological Model, D. A. Jeremy Telman

D. A. Jeremy Telman

The Essay explores the reasons underlying opposition to Hans Kelsen's approach to the law within the U.S. legal academy. The vehemence with which legal scholars within the United States rejected Kelsen's philosophy of law is best understood as a product of numerous factors, some philosophical, some political and some having to do with professional developments within the legal academy itself. Because philosophical and political opposition to Kelsen's legal philosophy has been well-explored in earlier articles, this Essay discusses those topics briefly in Part I and then sets out in Part II a sociological model that grounds the academy's rejection of …