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American University Washington College of Law

Journal

2011

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Articles 1 - 30 of 341

Full-Text Articles in Law

Help Me Help You: Why Congress's Attempt To Cover Torts Committed By Indian Tribal Contractors With The Ftca Hurts The Government And The Tribes, Joseph W. Gross Dec 2011

Help Me Help You: Why Congress's Attempt To Cover Torts Committed By Indian Tribal Contractors With The Ftca Hurts The Government And The Tribes, Joseph W. Gross

American University Law Review

No abstract provided.


No Vacancy: Why Congress Can Regulate Senate Vacancy-Filling Elections Without Amending (Or Offending) The Constitution, Zachary M. Ista Dec 2011

No Vacancy: Why Congress Can Regulate Senate Vacancy-Filling Elections Without Amending (Or Offending) The Constitution, Zachary M. Ista

American University Law Review

There currently exists no uniform method for filling vacancies in the United States Senate, leaving the states to create and implement their own vacancy-filling procedures. As a result of recent problems under this system, such as ex-Governor Rod Blagojevich’s notorious scandal in Illinois, some in Congress have suggested a standardized method for filling Senate vacancies. However, an apparent constitutional conflict between the Elections Clause and the Seventeenth Amendment’s vacancy-filling clause presents the question of whether such standardization could be accomplished with federal legislation, or whether it would require amending the Constitution. Applying the textual, structural, and historical approaches of constitutional …


Funeral Protests, Privacy, And The Constitution: What Is Next After Phelps?, Mark Strasser Dec 2011

Funeral Protests, Privacy, And The Constitution: What Is Next After Phelps?, Mark Strasser

American University Law Review

In Snyder v. Phelps, the United States Supreme Court struck down a damages award against Reverend Fred Phelps Sr. and the Westboro Baptist Church for picketing a military funeral. Although the Court asserted that its holding was narrow and the legal issues involved were straightforward, this Article argues that Phelps ultimately raises more questions than it answers and almost guarantees increased confusion in First Amendment jurisprudence. The Court in Phelps explained that the First Amendment prohibits tort damages when the comments at issue involve matters of public concern, yet failed to explain whether private speech that was juxtaposed with public, …


Realizing The Human Right To Water In Tanzania, Leticia K. Nkonya Nov 2011

Realizing The Human Right To Water In Tanzania, Leticia K. Nkonya

Human Rights Brief

No abstract provided.


Out Of The Strike Zone: Why Graham V. Florida Makes It Unconstitutional To Use Juvenile-Age Convictions As Strikes To Mandate Life Without Parole Under § 841(B)(1)(A), Christopher J. Walsh Oct 2011

Out Of The Strike Zone: Why Graham V. Florida Makes It Unconstitutional To Use Juvenile-Age Convictions As Strikes To Mandate Life Without Parole Under § 841(B)(1)(A), Christopher J. Walsh

American University Law Review

No abstract provided.


Putting The "Convenience" Back In Forum Non Conveniens: Gonzalez V. Advanced Medical Optics, Inc., Lindsay Cronin Oct 2011

Putting The "Convenience" Back In Forum Non Conveniens: Gonzalez V. Advanced Medical Optics, Inc., Lindsay Cronin

American University Law Review

No abstract provided.


Providing Environmental Whistleblowers With Twenty-First Century Protections, Richard Condit Oct 2011

Providing Environmental Whistleblowers With Twenty-First Century Protections, Richard Condit

Labor & Employment Law Forum

This article examines the strengths and weaknesses of the employee protection provisions contained in the major federal environmental statutes and makes recommendations for needed improvements. With these improvements, the United States can realize the benefits that well-protected employees can contribute to public health and environmental protection.


Whistleblower Law 101: Facing Food Industry Retaliation, Hon. Luis Corchado, Tom Devine, Thad Guyer, Jason Zuckerman Oct 2011

Whistleblower Law 101: Facing Food Industry Retaliation, Hon. Luis Corchado, Tom Devine, Thad Guyer, Jason Zuckerman

Labor & Employment Law Forum

This Article is an annotated transcript of a panel that occurred on February 11, 2011 at the American University Washington College of Law. The podcast of the event can be found on the American University website at http://media.wcl.american.edu/mediasite/SilverlightPlayer/ Default.aspx?peid=f68cdf9c-6bab-4202-b009-26b50bf563bf. The event was co-sponsored by the Washington College of Law and the Government Accountability Project.


The Criminalization Of Whistleblowing, Jesselyn Radack, Kathleen Mcclellan Oct 2011

The Criminalization Of Whistleblowing, Jesselyn Radack, Kathleen Mcclellan

Labor & Employment Law Forum

No abstract provided.


Bounty Hunters And Whistleblowers: Constitutional Concerns For False Claims Actions After Passage Of The Patient Protection And Affordable Health Care Act Of 2010, A.G. Harmon Oct 2011

Bounty Hunters And Whistleblowers: Constitutional Concerns For False Claims Actions After Passage Of The Patient Protection And Affordable Health Care Act Of 2010, A.G. Harmon

Labor & Employment Law Forum

No abstract provided.


Employee Rights And The Food Safety Modernization Act: Opening Keynote, William Marler Oct 2011

Employee Rights And The Food Safety Modernization Act: Opening Keynote, William Marler

Labor & Employment Law Forum

This Article is an annotated transcript of a panel that occurred on February 11, 2011 at the American University Washington College of Law. The podcast of the event can be found on the American University website at http://media.wcl.american.edu/mediasite/SilverlightPlayer/ Default.aspx?peid=49b34600-ffa6-412c-a0da-e61e47d040f. The event was co-sponsored by the Washington College of Law and The Government Accountability Project.


Unsolicited Internal Complaints: The False Sense Of Protection Against Anti-Retaliation Provided By Section 510 Of Erisa, Tiffany Peterson Oct 2011

Unsolicited Internal Complaints: The False Sense Of Protection Against Anti-Retaliation Provided By Section 510 Of Erisa, Tiffany Peterson

Labor & Employment Law Forum

No abstract provided.


Employee Rights And The Food Safety Modernization Act: Luncheon Keynote, Hon. Paul Igasaki Oct 2011

Employee Rights And The Food Safety Modernization Act: Luncheon Keynote, Hon. Paul Igasaki

Labor & Employment Law Forum

This Article is an annotated transcript of a panel that occurred on February 11, 2011 at the American University Washington College of Law. The podcast of the event can be found on the American University website at http://media.wcl.american.edu/mediasite/SilverlightPlayer/ Default.aspx?peid=136d32f0-d0a8-4bd1-9630-da0f48041e3b. The event was co-sponsored by the Washington College of Law and The Government Accountability Project.


Disrobing Judicial Campaign Contributions: A Case For Using The Buckley Framework To Analyze The Constitutionality Of Judicial Solicitation Bans, Aimee Ghosh Oct 2011

Disrobing Judicial Campaign Contributions: A Case For Using The Buckley Framework To Analyze The Constitutionality Of Judicial Solicitation Bans, Aimee Ghosh

American University Law Review

No abstract provided.


Padilla V. Kentucky: A New Chapter In Supreme Court Jurisprudence On Whether Deportation Constitutes Punishment For Lawful Permanent Residents?, Anita Maddali Oct 2011

Padilla V. Kentucky: A New Chapter In Supreme Court Jurisprudence On Whether Deportation Constitutes Punishment For Lawful Permanent Residents?, Anita Maddali

American University Law Review

No abstract provided.


Grutter V. Bollinger 123 S. Ct. 2325 (2003), Soraya Fata, Amy Schumacher Sep 2011

Grutter V. Bollinger 123 S. Ct. 2325 (2003), Soraya Fata, Amy Schumacher

American University Journal of Gender, Social Policy & the Law

No abstract provided.


In Re: Adoption Of A Minor Child Circuit Court Of The 15th Judicial Circuit Palm Beach County, Florida, Jennafer Neufeld, Dalia Georgi Sep 2011

In Re: Adoption Of A Minor Child Circuit Court Of The 15th Judicial Circuit Palm Beach County, Florida, Jennafer Neufeld, Dalia Georgi

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Driving Into Unreasonableness: The Driveway, The Curtilage, And Reasonable Expectations Of Privacy, Vanessa Rownaghi Sep 2011

Driving Into Unreasonableness: The Driveway, The Curtilage, And Reasonable Expectations Of Privacy, Vanessa Rownaghi

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Carter's Groundbreaking Appointment Of Women To The Federal Bench: His Other "Human Rights" Record, Mary L. Clark Sep 2011

Carter's Groundbreaking Appointment Of Women To The Federal Bench: His Other "Human Rights" Record, Mary L. Clark

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Welfare Reform In Mississippi: Tanf Policy And Its Implications, Pearson Lidell Jr., Steve Watson, William D. Eshee Jr. Sep 2011

Welfare Reform In Mississippi: Tanf Policy And Its Implications, Pearson Lidell Jr., Steve Watson, William D. Eshee Jr.

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Politics Of Equal Justice, Robert A. Hornstein, Daniel G. Atkins, Treena A. Kaye Sep 2011

The Politics Of Equal Justice, Robert A. Hornstein, Daniel G. Atkins, Treena A. Kaye

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Free Speech And The Right Of Entry Into The United States: Legislation To Remedy The Ideological Exclusion Provisions Of The Immigration And Nationality Act, Alexander Wohl Aug 2011

Free Speech And The Right Of Entry Into The United States: Legislation To Remedy The Ideological Exclusion Provisions Of The Immigration And Nationality Act, Alexander Wohl

American University International Law Review

No abstract provided.


Digital Audio Tape Technology: A Formidable Challenge To The American Copyright System, Taro J. Kawamura Aug 2011

Digital Audio Tape Technology: A Formidable Challenge To The American Copyright System, Taro J. Kawamura

American University International Law Review

No abstract provided.


The Death Of Dr. Hugo Spadafora: Human Rights Investigative Responsibility Is Past Due, Judith K. Furukawa Aug 2011

The Death Of Dr. Hugo Spadafora: Human Rights Investigative Responsibility Is Past Due, Judith K. Furukawa

American University International Law Review

No abstract provided.


The International Commercial Arbitration Institutions: How Good A Job Are They Doing?, Richard J. Graving Aug 2011

The International Commercial Arbitration Institutions: How Good A Job Are They Doing?, Richard J. Graving

American University International Law Review

No abstract provided.


United States Policy Toward Foreign Investment: We Can't Have It Both Ways, Elliot L. Richardson Aug 2011

United States Policy Toward Foreign Investment: We Can't Have It Both Ways, Elliot L. Richardson

American University International Law Review

No abstract provided.


Practical Considerations On Human Rights Within The Oas Context, Val T. Mccomie Aug 2011

Practical Considerations On Human Rights Within The Oas Context, Val T. Mccomie

American University International Law Review

No abstract provided.


The Toshiba-Kongsberg Incident: Shortcomings Of Cocom, And Recommendations For Increased Effectiveness Of Export Controls To The East Bloc, Wende A. Wrubel Aug 2011

The Toshiba-Kongsberg Incident: Shortcomings Of Cocom, And Recommendations For Increased Effectiveness Of Export Controls To The East Bloc, Wende A. Wrubel

American University International Law Review

No abstract provided.


Belk V. United States: Obtaining Monetary Relief For Americans Held Hostage In Iran, David L. Schwartz Aug 2011

Belk V. United States: Obtaining Monetary Relief For Americans Held Hostage In Iran, David L. Schwartz

American University International Law Review

No abstract provided.


Rethinking Diplomatic Immunity: A Review Of Remedial Approaches To Address The Abuses Of Diplomatic Privileges And Immunities, Mitchell S. Ross Aug 2011

Rethinking Diplomatic Immunity: A Review Of Remedial Approaches To Address The Abuses Of Diplomatic Privileges And Immunities, Mitchell S. Ross

American University International Law Review

No abstract provided.