Law Commons^™

Occupation In Iraq: Issues On The Periphery And For The Future: A Rubik's Cube Problem?, George K. Walker

International Law Studies

No abstract provided.

The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh

International Law Studies

No abstract provided.

The "Fog Of Law": The Law Of Armed Conflict In Operation Iraqi Freedom, Marc Warren

International Law Studies

No abstract provided.

Counterinsurgency And Stability Operations: A New Approach To Legal Interpretation, Dale Stephens

International Law Studies

No abstract provided.

Supreme Court Of The United States, October Term 2010 Preview, Update: December 7, 2010, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.

A Personal Constitution, Michael Serota

NULR Online

Today’s law school graduates face two disturbing trends in the professional world. Each is well known, but neither is openly discussed in the law school setting. First, lawyers suffer from chronic professional dissatisfaction. Approximately one out of every four lawyers is dissatisfied with her job. Second, this dissatisfaction exacts an extraordinarily high price on lawyers, the legal profession, and society as a whole. Most startling, however, is the fact that the widespread dissatisfaction and the associated mental health-related problems prevalent in the legal profession actually begin in law school.

Gender Matters In Juvenile Justice, Francine Sherman, Meda Chesney-Lind

Francine T. Sherman

No abstract provided.

Sovereignty And Cooperative Management Of Shared Water Resources In A Time Of Shrinking Availability: The Role Of International Law, Stephen C. Mccaffrey

McGeorge School of Law Other Faculty Works

It is a commonplace today that per capita availability of fresh water is shrinking. In addition, it is well known that some 60 per cent of global freshwater flows are contained in the 263 river basins that are shared by two or more countries, and that around 40 per cent of the human population lives in these international basins. These facts underscore the necessity of cooperation between states sharing fresh water, whether it is on the surface or underground. And yet internal political forces often lead countries to maximize their use of shared water resources without considering adequately the needs …

Case Note: Nabozny V. Podlesny, William B. Turner

William B Turner

This case note describes and provides context for the 1996 opinion in Nabozny v. Podlesny, in which the Seventh Circuit Court of Appeals reversed a district judge's grant of summary judgment to defendants in a suit by a former student who complained of years of severe bullying and harassment by his peers because of his sexual orientation, which school administrators persistently failed to take steps to stop.

Responsibility Of International Organizations Under International Law For The Acts Of Global Health Public-Private Partnerships, Lisa Clarke

Lisa Clarke

Public-private partnerships governing global health are making progress in relation to the prevention and treatment of diseases such as AIDS, tuberculosis and malaria. This progress should not be underestimated as these partnerships are making strides above and beyond efforts of either the public or private sector alone. As a consequence, partnerships are increasingly exercising public power over global health in addition to, or instead of, states and international organizations and are thus also becoming capable of adversely impacting the rights of individuals, in particular the right to life and the right to health. Responsibility under international law therefore arises as …

Extract From United States Code Annotated, Section On Amendment Xi, Citing Tillman's A Textualist Defense Of Article I, Section 7, Clause 3: Why Hollingsworth V. Viriginia Was Rightly Decided, And Why Ins V. Chadha Was Wrongly Reasoned, Seth Barrett Tillman

Seth Barrett Tillman

Extract from United States Code Annotated, Section on Amendment XI, citing Tillman's A Textualist Defense of Article I, Section 7, Clause 3: Why Hollingsworth v. Viriginia Was Rightly Decided, and Why INS v. Chadha Was Wrongly Reasoned.

[December 6, 2010]

Does It Hurt A State To Introduce An Income Tax?, David J. Shakow

All Faculty Scholarship

In an article in the Wall Street Journal, Arthur Laffer argued that, since 1960, the introduction of state income taxes reduced the relative size of a state’s gross state product and its relative per capita personal income. This paper criticizes Laffer’s conclusions on a number of grounds. 1. He uses incorrect figures for per capita income. In fact, relative per capita income rose in a majority of states that introduced an income tax since 1960. 2. The results are not clear when a state’s data is compared to other states in its region, rather than to the United States as …

Transfer Pricing, Business Restructurings And Intangibles - Case Studies: Ups V. Commissioner; Dsg Retail Ltd. V. Hmrc, Richard Thompson Ainsworth

Faculty Scholarship

United Parcel Service of America, the largest motor carrier in the US, and DSG Retail the largest retailer of electrical goods in the UK, restructured operations and established captive insurance companies in offshore tax havens. In both instances, these restructurings removed sizeable amounts of income from the domestic tax base.

The IRS and HMRC opened transfer pricing audits. The UPS case involved tax year 1984 and was settled in 2003; DSG Retail involved 1997 through 2005 and was settled in 2009. Both settlements came on the heels of government-favorable court decisions, and prior to the addition of Chapter IX to …

In Efforts To Regulate Immigration, States Test Limits Of Their Authority, Alan E. Garfield

Alan E Garfield

No abstract provided.

Accountable Care Organizations: The Clash Of Liability Standards With Cost Cutting Goals”, Christopher R. Smith

Christopher R Smith

This article seeks to examine the conflict between non-cost conscious medical malpractice liability standards and health care cost cutting measures within the context of Accountable Care Organizations (“ACOs”) under the new health care reform law. The article begins by providing an overview of the high level of health care spending within the United States health care system in order to provide a context for better understanding policymakers’ push for cost cutting measures, including ACOs. The article then examines the tension between cost containment efforts and provider medical liability standards through an examination of the “stuck in the middle” mentality that …

December 5, 2010: Seeking Common Ground: A Secular Statement, Bruce Ledewitz

Hallowed Secularism

Blog post, “Seeking Common Ground: A Secular Statement“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Best Place To Pratice Medicine, Jeffrey C. Grass Esq.

Jeffrey C Grass Esq.

No abstract provided.

Terrorism And The Right Of Self-Defence: Rethinking Of Legal And Policy Issues, Abdul Ghafur Hamid Dr.

Abdul Ghafur Hamid Dr.

Self-defence has long been understood as a right applicable only in an inter-State armed conflict. After September 11, however, there have been attempts to widen the scope of self defence to include attacks by terrorists - non-State actors. This paper reappraises the legal and policy considerations that promote a right of self-defence against terrorists, or against States havouring terrorists. The paper advocates three main arguments: (1) that ‘armed attack’ as required under Article 51 must come from a State or at least the attack must be attributable to the State to the extent that it is taken as the act …

Assuming Constant Uniform Income Tax Rates, A Three Bank-Account Analogy Demonstrating The Immediate And Long-Term Advantages Of The Roth Conversion, William Wang

William KS Wang

This three and a half page piece assumes a uniform constant tax rate. The essay uses an analogy to three bank accounts to demonstrate the immediate and long-term advantages of the Roth IRA conversion, including (1) a decrease in income tax, (2) avoiding required minimum distributions, (3) reduction in one's taxable estate, and (4) the opportunity to invest in stocks and enjoy the gains but avoid the losses.

Brand Or Anti-Brand?, Stacey Dogan

Shorter Faculty Works

How many law review articles begin with a scene from Wayne’s World? For Sonia Katyal, such an opening is par for the course. Since she entered the scene a decade ago, Katyal’s scholarship has celebrated irreverence, and examined the ways in which the law tolerates, enables, and often discourages commentary on dominant culture, icons, and in this case, brands. This essay – written for a symposium on advertising and the law at SUNY Buffalo Law School – continues the Katyal tradition.

Playing Politics With Refugees, Sean Rehaag, Audrey Macklin

Editorials and Commentaries

No abstract provided.

Guidelines For Effective Grading And Feedback: Workshop For New Legal Writing Faculty, Judith Tracy

Judith B. Tracy

Effective grading and feedback requires a legal writing faculty member to understand the goals of her course and of each assignment; the timing and application of the feedback; and the realities of time constraints and student expectations

Nuts And Bolts Of Teaching--Using A Range Of Teaching Methodologies In The Classroom, Jane Gionfriddo

Jane Kent Gionfriddo

No abstract provided.

Panelist: Workshop For New Legal Writing Faculty: Role Of Legal Writing Faculty In Technology-Driven Legal Research Instruction, E. Joan Blum

E. Joan Blum

No abstract provided.

Search Your Email And Files In A Flash, Debbie Ginsberg

Presentations

Debbie Ginsberg demonstrated how to use X1 to search your email, files, calendar, and more.

The Uncertain State Of Employee Nonsolicitation Clauses In California, Elena K. Kouvabina

Elena K Kouvabina

Employee nonsolicitation clauses continue to be a common feature of employment agreements in California. While Section 16600 of the California Business and Professions Code prohibits contractual restraints on the practice of a lawful profession, trade or business, in 1985, the California Court of Appeal held that employee nonsolicitation clauses do not violate Section 16600 because they do not significantly affect employees’ ability to engage in a lawful profession, trade or business. In a recent decision, however, the California Supreme Court pronounced that Section 16600 is violated even if a covenant does not completely preclude one from engaging in a lawful …

Le Défi Chinois, Karl P. Sauvant, Ken Davies

Karl P. Sauvant

Karl P. Sauvant and Ken Davies, “Le défi Chinois,” op. ed. published by Project Syndicate on 2 December 2010.

Vertical Restraints, Dealers With Power, And Antitrust Policy, Herbert J. Hovenkamp

All Faculty Scholarship

The Supreme Court’s Leegin decision has now brought the rule of reason to all purely vertical intrabrand distribution restraints. But the rule of reason does not mean per se legality and occasions for anticompetitive vertically imposed restraints may still arise. Of all those that have been suggested the most plausible are vertical restraints imposed at the behest of a powerful dealer or group (cartel) of dealers.

Although a vertical distribution restraint resembles a dealer cartel in that both limit intraband competition, a manufacturer restraining the distribution of its product shuns the excess dealer profits a dealer cartel would seek. Accordingly, …

Intellectual Property Enforcement In Chin, Peter Yu

Peter K. Yu

No abstract provided.

The Uncertain State Of Employee Nonsolicitation Clauses In California, Elena K. Kouvabina

Elena K Kouvabina

Employee nonsolicitation clauses continue to be a common feature of employment agreements in California. While Section 16600 of the California Business and Professions Code prohibits contractual restraints on the practice of a lawful profession, trade or business, in 1985, the California Court of Appeal held that employee nonsolicitation clauses do not violate Section 16600 because they do not significantly affect employees’ ability to engage in a lawful profession, trade or business. In a recent decision, however, the California Supreme Court pronounced that Section 16600 is violated even if a covenant does not completely preclude one from engaging in a lawful …