Law Commons^™

Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman

Doug Rendleman

No abstract provided.

Academic Freedom In Urofsky's Wake: Post September 11 Remarks On "Who Owns Academic Freedom?", Doug Rendleman

Doug Rendleman

No abstract provided.

Restating Restitution: The Restatement Process And Its Critics, Doug Rendleman

Doug Rendleman

No abstract provided.

Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman

Doug Rendleman

No abstract provided.

When Is Enrichment Unjust? Restitution Visits An Onyx Bathroom, Doug Rendleman

Doug Rendleman

Not available.

Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent, Doug Rendleman, Douglas Laycock

Doug Rendleman

Restitution may be a casualty in a collision with the constitutional law of standing. Article III is traditionally said to require an “injury in fact” for standing to be a plaintiff in federal court. Edwards, who alleges that First American paid a bribe or kickback in violation of the federal Real Estate Settlement Procedures Act, seeks to recover the statutory penalty. Defendant argues that even if it violated the Act, Edwards suffered no “injury in fact.” Our amicus brief in support of Edwards alerts the Supreme Court to the many restitutionary claims either for a wrongdoer’s profits or to set …

Collecting A Libel Tourist's Defamation Judgment?, Doug Rendleman

Doug Rendleman

A libelplaintiffsued an American defendant in aforeign nation where he took advantage ofplaintiff-favoring defamation Law to obtain a heftyjudgment. He brings this judgment to the defendant's state in the United States to collect from her bank account. The defendant 's state's court could not have entered the plaint /ffs judgment because offirst-Amendment doctrines that stem from New York Times v. Sullivan. How should the U.S. court respond to the "libel tourist" and his judgment? This succinct Article summarizes the tangled tale that emerges. Invoking the First Amendment under a public-policy exception to comity, U.S. courts have rejectedforeign-nation defamation judgments. State …

Irreparability Irreparably Damaged, Doug Rendleman

Doug Rendleman

No abstract provided.

Brown Ii'S "All Deliberate Speed" At Fifty: A Golden Anniversary Or A Mid- Life Crisis For The Constitutional Injunction As A School Desegregation Remedy?, Doug Rendleman

Doug Rendleman

In 1955 in Brown II the Supreme Court instructed school authorities and federal judges how to implement its decision in Brown I that racially segregated public schools violated the constitution. This article summarizes the half-century of federal injunctions that the courts granted to desegregate schools. It organizes the injunctions chronologically under three headings, "all deliberate speed," desegregate "now," and "unitary" districts. Rejecting both extravagant hoopla and charges of "failure," the article approves disciplined judicial discretion leading to large-scale structural injunctions when the times are ripe because unconstitutional conditions warrant massive judicial reconstruction. In particular, the article maintains that the courts' …

Disobedience And Coercive Contempt Confinement: The Terminally Stubborn Contemnor, Doug Rendleman

Doug Rendleman

No abstract provided.

Simplification- A Civil Procedure Perspective, Doug Rendleman

Doug Rendleman

No abstract provided.

Selection Biases, Mark A. Graber, Sanford Levinson

Mark Graber

No abstract provided.

Answering A Fool According To His Folly: Ruminations On Comparative Fault Thirty Years On, Frank L. Maraist, H. Alston Johnson Iii, Thomas C. Galligan Jr., William R. Corbett

William R. Corbett

No abstract provided.

Death As Deterrent Or Prosecutorial Tool? Examining The Impact Of Louisiana’S Child Rape Law, Angela Crews

Angela Crews

This project measures the impact of a 1995 amendment to Louisiana’s aggravated rape statute that allows juries to consider imposing the death penalty for convicted child rapists. Preamendment populations of cases from two large parishes (counties) were compared to postamendment populations of cases. In addition, 40 individual case files were randomly selected and reviewed. Variables measuring certainty, severity, and swiftness of punishment were compared. The only significant change was the reduction of trials, which may be linked to an increased propensity for plea agreements, dismissals, and charge reductions. In general, offenders initially charged with aggravated rape of a child seemed …

Foreign Investment In Indonesia, Robert N. Hornick, Mark A. Nelson

Associate Professor Mark Nelson

The purpose of this Article is to describe the principal laws and regulations currently applicable to foreign investment in Indonesia, including the investment approval process, local incorporation rules, reporting requirements, investment incentives, foreign employee guidelines, investment guaranties, and protection of intellectual property rights.

Retos De La Enseñanza Del Derecho Civil, Leysser L. Leon

Leysser L. León

El autor reflexiona sobre la situación actual de la enseñanza del Derecho Civil en las Universidades peruanas e identifica dos desafíos importantes para los docentes de esta materia: la superación de los programas curriculares basados libros del Código Civil y la profudización en el conocimiento teórico y práctico de la vasta temática de esta área formativa fundamental.

El Pacto Comisorio De La Ley De Garantias Mobiliarias Vs. El Pacto Marciano Del Real Decreto 5-2005, John Pineda Galarza, José Jareño Torrente

John Pineda Galarza

El pacto comisorio se encuentra prohibido en España, no obstante se promulgó el Real Decreto 5/005, el cual recoge al pacto marciano como una excepción a la prohibición del pacto comisorio. En ese contexto, se hizo un análisis económico comparativo sobre la aceptación del pacto comisorio en el sistema peruano y en su modalidad marciana española.

Law And Leadership: Integrating Leadership Studies Into The Law School Curriculum, Paula A. Monopoli, Susan Mccarty

Paula A Monopoli

Leadership includes the ability to persuade others to embrace one’s ideas and to act upon them. Teaching law students the art of persuasion through advocacy is at the heart of legal education. But historically law schools have not included leadership studies in the curriculum. This book is one of the first to examine whether and how to integrate the theory and practice of leadership studies into legal education and the legal profession. Interdisciplinary in its scope, with contributions from legal educators and practitioners, the book defines leadership in the context of the legal profession and explores its challenges in legal …

Cheer On Separation Of School, Religious Messages, Alan E. Garfield

Alan E Garfield

No abstract provided.

Impostos E Alternativas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

O Tribunal Constitucional terá que muito provavelmente apreciar o OGE para 2013. Será uma prova decisiva para a nossa democracia e a II República. Façamos entretanto um recuo e lembremos, ainda que muito sucintamente, os problemas de legitimação de qualquer tributação, e o contrato social para que remete. Será também que, como se dizia nos tempos da "dama de ferro", "there is no alternative"? Há sempre alternativas. Por isso é que há política e não mera tecnocracia. Há sempre Política. E sempre pode haver outras políticas, desde que haja políticos com coragem, imaginação e competência.

Budget Numbers Affect People, Who Deserve Dignity, Erin Daly

Erin Daly

No abstract provided.

An Estate Dilemma - Inaccessible Assets Hiding Behind Passwords And Encryption, Douglas J. Henderson

DOUGLAS J HENDERSON

Every person living in the modern world holds valuable assets, data, or information in digital mediums. Digital mediums include not only digital hardware storage mediums in personal possession (like external hard drives and internal hard drives within laptop and desktop computers, personal digital assistants, cell phones, and the like), but also those only accessible through a network. Because so much is held in digital mediums, when an individual dies or becomes incapacitated, another person must know how to access the incapacitated person’s digital assets and other important information (this person is known herein as the ‘Responsible Party’). There are potential …

Grantor Trusts: The Who, The What, The Where, The Wherefore, And The Wherewithal, Thomas E. Simmons

Thomas E. Simmons

Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana

Shruti Rana

In every society, the work that women do is undervalued and unrecognized. Political and social tensions behind conceptions of work, motherhood, and equality can ignite movements that threaten the human rights of women. One such movement is underway in the United States where recent “Workfare” provisions specifically target and punish the most vulnerable members of society under the guise of reform and morality. This critique of Workfare aims to demonstrate some of the dynamism and power of a human rights framework, and to lay the groundwork for effective action to improve the plight of the single mothers who rely on …

China's New Copyright Law Reforms: A Comparative Analysis, Shruti Rana, Garland Rowland

Shruti Rana

Nations and businesses around the globe have been battling over copyright protection rules, with industrialized nations pressuring developing nations to adopt Western-style copyright regimes. These battles have escalated as copyright piracy grows and developing nations struggle to formulate laws that will protect their own intellectual properties as well as those of industrialized nations. China is at the cutting edge of these debates; in the summer of 2012, China released transformative new proposals to modify its copyright rules. This Article, which we believe is the first in-depth academic piece analyzing China’s new reforms, critiques China’s new proposals and argues that China …

Default Rules, Wealth Distribution, And Corporate Law Reform: Employment At Will Versus Job Security, David K. Millon

David K. Millon

None available.

Redefining Corporate Law, David K. Millon

David K. Millon

None available.

The Sherman Act And The Balance Of Power, David K. Millon

David K. Millon

None available.

Reforming Global Economic Governance: A Strategy For Middle Powers In The G20, Daniel D. Bradlow

Daniel D. Bradlow

In this paper I argue that middle powers that are members of the G20 can extract substantial benefit from their participation in the G20 if they have both a clear long term vision of global economic governance and a plan of action that is based on obtainable short term objectives. In the article I address four issues. The first is that the institutional arrangements for global economic governance will remain unstable until the current process of changes in the balance of global political and economic power plays itself out. The second is that, given the changing international power dynamics, the …

International Financial Reform And Africa: What Is To Be Done?, Daniel Bradlow

Daniel D. Bradlow

This paper discusses the likely implications of the financial crisis on Africa and considers what Africa can do to position itself to extract some benefit from the negotiations on international financial governance reform.