Law Commons^™

Feedback Loops: More Valuable Than Money, Patrick Barry

Articles

In an essay called "Secrets of Positive Feedback,” Douglas Conant, the former CEO of Campbell Soup Company, shares a key element of the leadership style that helped him resurrect Campbell’s from financial ruin in 2001 and turn it into both a highly profitable business by the time he stepped down in 2011 and an award-winning, much more inclusive workplace: During his ten years at the helm, he wrote more than 30,000 thank-you notes to his employees and customers.

Principles Of Georgia Constitutional Interpretation, Nels S.D. Peterson

Mercer Law Review

The Supreme Court of Georgia routinely emphasizes the importance of interpreting the Georgia Constitution on its own terms, and not merely importing federal interpretations of the federal Constitution. That makes sense, “[r]eal federalism means that state constitutions are not mere shadows cast by their federal counterparts, always subject to change at the hand of a federal court’s new interpretation of the federal Constitution." But independent interpretation of the Georgia Constitution is often easier to talk about than to do.

Congressional Power To Institute A Wealth Tax, Will Clark

Notre Dame Law Review Reflection

Over the last few years, several high-profile politicians have pushed to impose a federal “wealth tax.” For example, a recent bill introduced in the Senate would create a two percent tax on the value of assets between fifty million and one billion dollars, plus a higher percentage on wealth valued over one billion dollars. The proponents of the tax argue that it would reduce the growing wealth inequality in the United States, while opponents say that it would disincentivize investment in the American economy.

Policy arguments, however, are only relevant if the federal government has the authority to institute such …

An Originalist Approach To Prospective Overruling, John O. Mcginnis, Michael Rappaport

Notre Dame Law Review

Originalism has become a dominant jurisprudential theory on the Supreme Court. But a large number of precedents are inconsistent with the Constitution’s original meaning and overturning them risks creating enormous disruption to the legal order. This article defends a prospective overruling approach that would harmonize precedent with originalism’s rise and reduce the disruption from overrulings. Under prospective overruling, the Court declares that an existing statute violates the original meaning but will continue to be enforced because declaring it unconstitutional would produce enormous costs; however, future statutes of this type will be voided as unconstitutional. Under our approach, the Court would …

Interpreting Parenting Plans As Contracts, William B. Reingold Jr.

The University of New Hampshire Law Review

When parents are divorced or separated, a parenting plan serves as a legal instrument to govern the means by which they raise their children. Most parents are able to compromise and reach an agreed-upon parenting plan without resorting to a trial or court intervention. These agreed-upon parenting plans are, in a manner of speaking, contracts that these parents must abide by. But too often parenting plans are not treated or considered in the same way we perceive ordinary contracts. They should be. This essay examines the interplay between courts reviewing agreed-upon plans, the best interest standard, and basic contract interpretation.

Getting To The Shore On Foot: Sustaining Harvester Access, Bill Zoellick, Pauline V. Angione, Emily Farr, Ada Fisher, Jessica Gribbon Joyce, B Lauer, Marissa Mcmahan Ph.D., Michael Pinkham, Vicki Rea

Maine Policy Review

"Working Waterfront" conjures images of the Portland Fish Exchange, Belfast shipyards, or wharves and piers in Stonington. Ensuring that such sites continue as essential elements of Maine's marine economy is increasingly the focus of innovative action and policy development. But policies to address Maine's working waterfronts must also attend to waterfront access required by those who reach it on foot. Such access rights are rarely conferred by private ownership. Instead, they depend on public ownership and, more frequently, on informal social arrangements between harvesters and property owners. In this article, we describe the nature of the shore access needed by …

Sackett And The Continued Atomization Of The Clean Water Act, Robert W. Adler

Case Western Reserve Law Review

No abstract provided.

Sackett V. Epa And The Regulatory, Property, And Human Rights-Based Strategies For Protecting American Waterways, Erin Ryan

Case Western Reserve Law Review

No abstract provided.

Special Education Cause Lawyers, Mark C. Weber

Case Western Reserve Law Review

No abstract provided.

Friends With Co-Benefits: Defending The Epa’S Consideration Of Co-Benefits When Promulgating Clean Air Act Regulations, Casey E. Lindstrom

Case Western Reserve Law Review

No abstract provided.

Constructing Clearer Policy: Reconsidering Louisiana’S Anti-Indemnity Regime For Additional Insured Agreements In Public Construction Contracts, Andrew Hughes

Louisiana Law Review

No abstract provided.

Nobody Has A "Corner On The Market": The Collaborative Use Of Both In-House Counsel And Outside Counsel, Jeffrey Newton

Journal of International Business and Law

No abstract provided.

Bibliography On Indigenous Rights In Canada, 1995-2023, Leslie Haddock, Kent Mcneil

All Papers

No abstract provided.

Front Matter

Journal of International Business and Law

No abstract provided.

Comparative Analysis Of American And Chinese Letter Of Credit Law: To Mitigate Or Not To Mitigate That Is The Question, Jingen Wang, Larry A. Dimatteo

Journal of International Business and Law

Under American and Chinese law, the duty of the non-breaching party to mitigate damages is a core principle of general contract law. In the United States, an exception is found in letters of credit law where the beneficiary party has no such duty when an issuing bank (issuer) wrongfully dishonors payment under a letter of credit (LC). The beneficiary may recover the face amount dishonored plus any other losses recoverable under applicable law. The rationale for not applying the general duty of mitigation to letters of credit (LCs) is the independence principle, which asserts that the LC transaction is independent …

Where Is The Action? Choosing Securities Joinder Action Over Securities Class Action In Korea, Joon Buhm Lee

Journal of International Business and Law

Investor plaintiffs, or the attorneys who represented such plaintiffs, could pursue securities fraud claims as a joinder or class action after Korea enacted the Securities-related Class Action Act of 2005 (“SCAA”). Nevertheless, as time revealed, not many class action cases were filed. Research shows that investors are filing securities fraud actions as joinder actions. Not only are the investor plaintiffs filing, but many of them are winning. This article argues that such filings are rational choices made by risk-neutral plaintiffs and plaintiffs’ attorneys. Because the rules for filing a joinder action and a class action differ in various aspects, the …

The Collegiate Sports Revolution: The Expected And Unexpected Effects Of The Supreme Court's Latest Ruling On Paying College Athletes, Liam Sugrue

Journal of International Business and Law

No abstract provided.

Lighting The Fuses: The Third Circuit Loads A Volley Against Interface Copyright Ability In Pyrotechnics V. Xfx, Ryan Graham

Villanova Law Review

No abstract provided.

Critical Race Theory: Counter-Storytelling The Case Of ‘Old Frank’ And The Daniel Family Cemetery, Mark C. Grafenreed

SMU Law Review Forum

The Texas Historical Commission (“THC”), a legislatively enacted agency of the State of Texas, has erected and disseminated nearly 17,000 historical markers across the state’s vast 268,596 square miles and 254 counties with one express purpose: “To protect and preserve the state’s historic and prehistoric resources for the use, education, enjoyment, and economic benefit of present and future generations.” Unfortunately, the histories of both the United States and Texas are under siege. Politically charged and fear driven constituents have fully devoted their collective time, energy, and financial resources to destroying the perceived new boogeyman, Critical Race Theory (“CRT”). Since January …

Laundering Police Lies, Adam Gershowitz, Caroline E. Lewis

Faculty Publications

Police officers—like ordinary people—are regularly dishonest. Officers lie under oath (testilying), on police reports (reportilying), and in a myriad of other situations. Despite decades of evidence about police lies, the U.S. Supreme Court regularly believes police stories that are utterly implausible. Either because the Court is gullible, willfully blind, or complicit, the justices have simply rubber-stamped police lies in numerous high-profile cases. For instance, the Court has accepted police claims that a suspect had bags of cocaine displayed in his lap at the end of a police chase (Whren v. United States), that officers saw marijuana through a …

Sentencing In An Era Of Plea Bargains, Jeffrey Bellin, Jenia I. Turner

Faculty Publications

The literature offers inconsistent answers to a question that is foundational to criminal law: Who imposes sentences? Traditional narratives place sentencing responsibility in the hands of the judge. Yet, in a country where 95% of criminal convictions come from guilty pleas (not trials), modern American scholars center prosecutors—who control plea terms—as the deciders of punishment. This Article highlights and seeks to resolve the tension between these conflicting narratives by charting the pathways by which sentences are determined in a system dominated by plea bargains.

After reviewing the empirical literature on sentence variation, examining state and federal plea-bargaining rules and doctrines, …

Development, Voice, And Vulnerability: A Rhetorical Analysis Of The Policy-Making Discourse Regarding The Paris Agreement As An Organizational Response To Climate Change, David Almanza-Canas

UNLV Theses, Dissertations, Professional Papers, and Capstones

On December 12, 2015, the Paris Agreement was officially ratified by 196 sovereign entities. This treaty represents a global call to action to ameliorate the impact of human activities on our environment, and it creates a means of cooperation through financial support and transparent industrial practices with the goal of promoting accountability across the world. This treaty and the discourse surrounding it present fertile ground for the academic understanding of persuasive practices in policy-making. By examining the rhetorical implications of the Paris Agreement as a global policy, scholars can gain new insight about the communities represented in the conversation as …

Beyond Corporate Greenwashing: Discourse Of A 'Just' Electric Energy Transition Materialized At The Thacker Pass Lithium Mine, Laekyn Kelley

UNLV Theses, Dissertations, Professional Papers, and Capstones

Thacker Pass in Northern Nevada is a rich desert ecosystem with spiritual significance to local Indigenous peoples, and it is also the site for what will be, for now, the United States’ largest open-pit lithium mine. Lithium is one mineral constituent of electric batteries which are essential to current U.S. electric energy transition policy, a transition which policymakers and other public groups have called on to be done in a way which is just. However, what exactly a just electric energy transition looks like in places like Thacker Pass is under continued negotiation in theoretical and practical senses. Existing research …

A Comment On Markovits's Welfare Economics And Antitrust, Keith N. Hylton

Faculty Scholarship

I criticize two features of the new book by Richard Markovits. One is the notion that ethics or moral judgments should be part of our analysis of antitrust. The other is the notion that market definition is incoherent.

High Stakes, Bad Odds: Health Laws And The Revived Federalism Revolution, Nicole Huberfeld

Faculty Scholarship

The Supreme Court’s 2021 term produced a remarkable number of blockbuster decisions, nearly hiding an underlying federalism agenda that surfaced in health care, reproductive rights, administrative law, and public health related domains. Health law has been a vehicle for constitutional change before, but the stakes for older laws, most of which rely on states to accomplish national goals, have been raised. The Court has doubled down on interpretive methods that limit governmental power, using formalist tools like clear statement rules that demand specificity and offer little deference to lawmakers or regulators. These rules have constitutional dimensions, including separation of powers …

Just Extracurriculars?, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

Extracurricular activities have been the battleground for a striking number of Supreme Court cases set at public schools, from cases involving speech to religion to drug testing. Indeed, the two most recent Supreme Court cases involving constitutional rights at public schools--Kennedy v. Bremerton School District (2022) and Mahanoy Area School District v. B.L. (2021)--both arose in the extracurricular context of school sports. Even so, the Supreme Court has never fully clarified the status of extracurricular activities themselves. Once a school offers an extracurricular activity, is participation merely a privilege? Does the fact that extracurricular activities are voluntary for students affect …

Enhanced Privacy-Enabled Face Recognition Using Κ-Identity Optimization, Ryan Karl

Department of Electrical and Computer Engineering: Dissertations, Theses, and Student Research

Facial recognition is becoming more and more prevalent in the daily lives of the common person. Law enforcement utilizes facial recognition to find and track suspects. The newest smartphones have the ability to unlock using the user's face. Some door locks utilize facial recognition to allow correct users to enter restricted spaces. The list of applications that use facial recognition will only increase as hardware becomes more cost-effective and more computationally powerful. As this technology becomes more prevalent in our lives, it is important to understand and protect the data provided to these companies. Any data transmitted should be encrypted …

Central Bank Immunity, Sanctions, And Sovereign Wealth Funds, Ingrid W. Brunk

Vanderbilt Law School Faculty Publications

Central bank assets held in foreign countries are entitled to immunity from execution under international law. Even as foreign sovereign immunity in general has become less absolute over time, the trend has been toward greater protection for foreign central bank assets. As countries expand their use of central banks, however, recent cases have limited immunity for certain kinds of sovereign wealth funds held by central banks. Sanctions on foreign central bank assets have also become more common, raising issues about the relation- ship between central bank immunity and the recognition of governments, the relationship between immunity and executive actions, and …

"There's A New Sheriff In Town": Why Granting Qualified Immunity To Local Officials Acting Outside Their Authority Erodes Constitutional Rights And Further Deteriorates The Doctrine, Josephine Mcguire

William & Mary Bill of Rights Journal

Part I traces the history of qualified immunity and the doctrine’s analytical changes over time, detailing the twofold test as it currently stands. Part II considers Large and Sweetin, comparing the courts’ approaches to essentially similar scenarios and evaluating the differences in outcome. Part III addresses the Supreme Court’s denial of the Large plaintiffs’ petition for certiorari and explicates the “scope of authority” question the Court declined to address. Part IV breaks down the decision in Large and conducts the qualified immunity analysis anew, determining that the court misapplied the doctrine regardless of its failure to consider the scope …

The Future Of Anti-Poverty Legislation, Andrew Hammond, Ariel Jurow Kleiman, Gabriel Scheffler

Articles

The era of big-government COVID relief is over. The initial pandemic relief legislation, followed by two years of Democratic control in Washington, seemed to herald the expansion and modernization of the U.S. safety net. But sustained reform proved elusive. Now that this window of opportunity has closed, it's time to step back and take stock. For those who focus on anti-poverty programs, one question persists: The next time there is such an opportunity to strengthen anti-poverty programs through legislation, how should federal law change?

This Article suggests the answer to that question lies in lessons from recent experience, including, but …