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Articles 1 - 26 of 26
Full-Text Articles in Law
John Osborn's Enduring Words On Law & Learning, Walter Effross
John Osborn's Enduring Words On Law & Learning, Walter Effross
Popular Media
When I started my first year at Harvard Law School, 17 years after Osborn did, I wasn’t looking for enlightenment. But I expected to be — and was — intimidated by Socratic taskmasters who, like the movie version of Osborn’s Professor Kingsfield (a role for which John Houseman won an Academy Award and a Golden Globe Award in 1973), were ready with “always another question, another question to follow your answer.”
U.S. Supreme Court Applies A Subjective Standard For Scienter Under The False Claims Act, Stuart Silverman
U.S. Supreme Court Applies A Subjective Standard For Scienter Under The False Claims Act, Stuart Silverman
Popular Media
Discusses the unanimous June 1, 2023 Supreme Court decision, in United States ex rel. Schutte v. SuperValu, Inc. and United States ex rel. Proctor v. Safeway, Inc., that a subjective standard applies for the scienter element under the False Claims Act (“FCA” or “the Act).
Beware The Proposed Us Crypto Regulation— It May Be A Trojan Horse, Hilary J. Allen
Beware The Proposed Us Crypto Regulation— It May Be A Trojan Horse, Hilary J. Allen
Popular Media
Following the spectacular failure of crypto exchange FTX International, there have been renewed calls for crypto legislation (including from the industry itself).But many of the proposals so far would be worse than the status quo — at least for the general public. Crypto firms such as FTX were involved in drafting many of the mooted US bills. The exchange’s implosion should not become a pretext for rushing these into law.
The 'Merge' Did Not Fix Ethereum, Hilary J. Allen
The 'Merge' Did Not Fix Ethereum, Hilary J. Allen
Popular Media
The Ethereum blockchain that facilitates much of the crypto world last month finally accomplished the long-promised and oft-delayed “Merge”, a technical switch in the way it works.
[Quote] Hail To The Washington Commanders — And The Power Of The Trademark, Christine Farley
[Quote] Hail To The Washington Commanders — And The Power Of The Trademark, Christine Farley
Popular Media
No abstract provided.
Brian Flores' Nfl Lawsuit: Can He Prove Systemic Racism?, N. Jeremi Duru
Brian Flores' Nfl Lawsuit: Can He Prove Systemic Racism?, N. Jeremi Duru
Popular Media
Quoted in Article about the firing of former Miami Dolphins coach Brian Flores who filed a class-action lawsuit against the NFL.
[Quote] Can Black Coordinators Parlay Nfl Playoff Success Into Head Coaching Jobs?, N. Jeremi Duru
[Quote] Can Black Coordinators Parlay Nfl Playoff Success Into Head Coaching Jobs?, N. Jeremi Duru
Popular Media
Quote:
Like Graves, American University law professor N. Jeremi Duru, a longtime observer of the NFL’s hiring practices, is pleased that Black coordinators whose teams are still in the playoffs are drawing more attention than in past seasons from franchises searching for new head coaches. But just as in any competition, what matters most is who finishes first, Duru said.
“No matter what you’re looking for to create your team’s identity under a new head coach, there are coordinators in the playoffs who fit the bill,” said Duru, author of the definitive book on the struggle that led to the …
Blog Post: Supreme Court Supports Immigrant’S Right To Understand Consequences Of Conviction, Jenny Roberts
Blog Post: Supreme Court Supports Immigrant’S Right To Understand Consequences Of Conviction, Jenny Roberts
Popular Media
The author of the following post about the Supreme Court’s decision in Jae Lee v. United States drafted an amicus brief in the case for several national immigrant rights organizations.
In 2010, Padilla v. Kentucky established that criminal defense lawyers must advise clients about the deportation consequences of a conviction, as part of their duties under the Sixth Amendment right to the effective assistance of counsel. Jose Padilla won in the Supreme Court because his trial lawyer erroneously informed him that he would not be deported after pleading guilty to drug trafficking because he had been in the U.S. for …
Free Speech Comes To Trademark Law, Christine Farley
Free Speech Comes To Trademark Law, Christine Farley
Popular Media
No abstract provided.
Only 5 Percent Of Senate Staffers Are Black. Congress Needs The ‘Rooney Rule.’
Only 5 Percent Of Senate Staffers Are Black. Congress Needs The ‘Rooney Rule.’
Popular Media
"American University law professor Jeremi Duru — author of “Advancing the Ball: Race, Reformation, and the Quest for Equal Coaching Opportunity in the NFL” — explained, “the whole idea of it is to prompt kind of a culture change” and further the idea that “in order to succeed and be competitive, you have to look at a deep pool of candidates.”"
A Complex Case Tests New York State’S Expanded Definition Of Parenthood, Nancy Polikoff
A Complex Case Tests New York State’S Expanded Definition Of Parenthood, Nancy Polikoff
Popular Media
Prof. Nancy Polikoff discusses NY’s expanded definition of parenthood in this NY Times article.
The Rooney Rule, N. Jeremi Duru
Law And Ethics For Robot Soldiers, Kenneth Anderson, Matthew Waxman
Law And Ethics For Robot Soldiers, Kenneth Anderson, Matthew Waxman
Popular Media
Policy Review American University, WCL Research Paper No. 2012-32 Columbia Law School Public Law & Legal Theory Working Paper Group Paper No.12-313AbstractLethal autonomous machines will inevitably enter the future battlefield — but they will do so incrementally, one small step at a time. The combination of inevitable and incremental development raises not only complex strategic and operational questions but also profound legal and ethical ones. The inevitability of these technologies comes from both supply-side and demand-side factors. Advances in sensor and computational technologies will supply “smarter” machines that can be programmed to kill or destroy, while the increasing tempo of …
Law And Ethics For Robot Soldiers, Kenneth Anderson, Matthew Waxman
Law And Ethics For Robot Soldiers, Kenneth Anderson, Matthew Waxman
Popular Media
Policy Review American University, WCL Research Paper No. 2012-32 Columbia Law School Public Law & Legal Theory Working Paper Group Paper No.12-313AbstractLethal autonomous machines will inevitably enter the future battlefield — but they will do so incrementally, one small step at a time. The combination of inevitable and incremental development raises not only complex strategic and operational questions but also profound legal and ethical ones. The inevitability of these technologies comes from both supply-side and demand-side factors. Advances in sensor and computational technologies will supply “smarter” machines that can be programmed to kill or destroy, while the increasing tempo of …
Roberts To America: Trust Us, Herman Schwartz, William Yeomans
Roberts To America: Trust Us, Herman Schwartz, William Yeomans
Popular Media
No abstract provided.
The Gerrymandering Orgy Begins, Herman Schwartz
A Requiem For My New York Times Home Subscription, Kenneth Anderson
A Requiem For My New York Times Home Subscription, Kenneth Anderson
Popular Media
This very short (2000 words) online opinion piece addresses the question of why the author gave up home delivery of the New York Times. It argues that, quite apart from issues of political bias, the New York Times has successively moved to turn itself from a newspaper into a magazine, and, in facing the pressures of the Internet economic model, into a device for creating, caring for, and feeding the newspaper's "online communities" - a business model increasingly based on selling cultural participation in shared-bias-communities. The Times is moving toward a content model that presumes that its readers read it …
A Requiem For My New York Times Home Subscription, Kenneth Anderson
A Requiem For My New York Times Home Subscription, Kenneth Anderson
Popular Media
This very short (2000 words) online opinion piece addresses the question of why the author gave up home delivery of the New York Times. It argues that, quite apart from issues of political bias, the New York Times has successively moved to turn itself from a newspaper into a magazine, and, in facing the pressures of the Internet economic model, into a device for creating, caring for, and feeding the newspaper's "online communities" - a business model increasingly based on selling cultural participation in shared-bias-communities. The Times is moving toward a content model that presumes that its readers read it …
Settlement Sentiments, Ira Robbins
Settlement Sentiments, Ira Robbins
Popular Media
Letter to the editor of the ABA Journal about an article from the March 2007 edition that addressed Tobacco Litigation.
What The Swiss Miss (Review Of Friedrich Durrenmatt, Selected Writings), Kenneth Anderson
What The Swiss Miss (Review Of Friedrich Durrenmatt, Selected Writings), Kenneth Anderson
Popular Media
The Swiss playwright and novelist Friedrich Durrenmatt (1921-90) is remembered among English-language audiences primarily as the author of the 1956 play, The Visit of the Old Lady. He is, however, a leading playwright and novelist, primarily of detective fiction, of Europe and the German language in the post-war period. This review from the Wall Street Journal examines the full body of his work in a three volume selection of his writings published by the University of Chicago. One important consideration is Durrenmatt's place as a German language writer, yet Swiss, rather than German, following the horrors of the Second World …
Law And Terror, Kenneth Anderson
Law And Terror, Kenneth Anderson
Popular Media
This short policy article argues that both the Bush administration, in its final two years in office, and Congress have an obligation and interest in taking US counterterrorism policy beyond the current "war on terror" operated on the basis of executive power and discretion, to comprehensively institutionalize it for the long term through Congressional legislation. It argues that the Military Commissions Act of 2006 is mistakenly aimed merely at satisfying the narrow requirements of the Hamdan decision, and is far from the comprehensive legislation that institutionalizing counterterrorism policy requires in order both to have democratic legitimacy with the American people …
Doomed Internationalist, Kenneth Anderson
Doomed Internationalist, Kenneth Anderson
Popular Media
Introduction. The neoconservative influence on American foreign policy has not had an enthusiastic response outside the United States. Its failure to bring peace and democracy to Iraq has now resulted in a spate of critiques in America itself, even from within the policy establishment. The highest-level defection has been that of Francis Fukuyama, author of The End of History and the Last Man (1992), the paean to the triumph of capitalism that became a canonical neoconservative text of the 1990's, articulating the transition from the Clinton administration to that of George W. Bush. In his new book, After the Neocons, …
Foreign Law And The U.S. Constitution, Kenneth Anderson
Foreign Law And The U.S. Constitution, Kenneth Anderson
Popular Media
The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional adjudication has emerged as a major debate among justices of the U.S. Supreme Court, with Justice Anthony Kennedy writing for a majority approving the practice in the March 2005 decision of Roper v. Simmons, and Justices Antonin Scalia and Stephen Breyer undertaking an unusual public discussion of the practice in January 2005 at American University law school. This article examines the arguments made by Justices Kennedy, Scalia, and Breyer for and against the practice, setting them in the broader context of constitutional theory. It …
An American Gulag? Human Rights Groups Test The Limits Of Moral Equivalency, Kenneth Anderson
An American Gulag? Human Rights Groups Test The Limits Of Moral Equivalency, Kenneth Anderson
Popular Media
This 2005 article from the Weekly Standard criticizes the 2005 Amnesty International report and associated press releases and press conferences referring to the Guantanamo Bay detention facility as an American gulag. It more broadly criticizes the human rights movement for wanting it both ways - on the one hand, using extraordinarily inflammatory rhetoric such as raising the spectre of Soviet death camps, while on the other hand, calling for that very same, apparently deeply criminal regime, the Bush administration, to perform the tasks of human rights enforcement that the human rights movement would like to see performed elsewhere in the …
Who Owns The Rules Of War? The War In Iraq Demands A Rethinking Of The International Rules Of Conduct, Kenneth Anderson
Who Owns The Rules Of War? The War In Iraq Demands A Rethinking Of The International Rules Of Conduct, Kenneth Anderson
Popular Media
The war in Iraq requires a rethinking of the rules of conduct in war, international humanitarian law. The nature of asymmetric warfare in the conflict has turned out to be less a question of technological disparities than the weaker side turning to systematic violations of the laws of war as its method. Over time, we risk creating an international system in which it is tacitly assumed and permitted that the weaker side fight using systematic violations of the law as its method. Part of this trend arises from the biases of 1977 Protocol I which blessed activities of irregular forces …
First In The Field: The Unique Mission And Legitimacy Of The Red Cross In A Culture Of Legality, Kenneth Anderson
First In The Field: The Unique Mission And Legitimacy Of The Red Cross In A Culture Of Legality, Kenneth Anderson
Popular Media
This 1998 Times Literary Supplement essay reviews a massive history of the International Committee of the Red Cross and the Red Cross movement up through the end of the Second World War - a book which was the first to use access to ICRC archives of the Second World War.