Law Commons^™

Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata

University of Miami International and Comparative Law Review

No abstract provided.

Spending Medicare’S Dollars Wisely: Taking Aim At Hospitals’ Cultures Of Overtreatment, Jessica Mantel

University of Michigan Journal of Law Reform

With Medicare’s rising costs threatening the country’s fiscal health, policymakers have focused their attention on a primary cause of Medicare’s high price tag—the overtreatment of patients. Guided by professional norms that demand they do “everything possible” for their patients, physicians frequently order additional diagnostic tests, perform more procedures, utilize costly technologies, and provide more inpatient care. Much of this care, however, does not improve Medicare patients’ health, but only increases Medicare spending. Reducing the overtreatment of patients requires aligning physicians’ interests with the government’s goal of spending Medicare’s dollars wisely. Toward that end, recent Medicare payment reforms establish a range …

Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley

Michigan Journal of Environmental & Administrative Law

By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming decades. …

Right To Act: United States Legal Basis Under The Law Of Armed Conflict To Pursue The Islamic State In Syria, Samantha Arrington Sliney

University of Miami National Security & Armed Conflict Law Review

Shortly after the beginning of the Syrian Civil War, the Islamic terror group ISIS captured the world’s attention with their rapid advance through Iraq and acts of severe brutality. In short order, the group captured large swaths of territory in Iraq and Syria and declared the formation of an Islamic State. With the integrity of Iraq in the balance, the United States committed to taking military action against ISIS but quickly discovered that as pressure was put on ISIS in Iraq they retreated into Syrian lands, where U.S. warplanes could not go.

This article explores the legal justifications for the …

Corruption And Development: The Need For International Investigations With A Multijurisdictional Approach Involving Multilateral Development Banks And National Authorities, Juan G. Ronderos, Michelle Ratpan, Andrea Osorio Rincon

Osgoode Hall Law Journal

We argue that while Multilateral Development Banks (“MDBs”) and national governments have mechanisms to fight corruption, the objectives and outcomes of these enforcement mechanisms diverge. MDBs are interested in the causes and effects of corruption from a development perspective and, as such, tend to sanction small and medium enterprises and individuals, while national governments are focused on a more punitive outcome, targeting larger multinational corporations. This article examines the enforcement objectives articulated in national legislation, namely the US Foreign and Corrupt Practices Act and its Canadian counterpart, the Corruption of Foreign Public Officials Act, as well as several Canadian cases, …

Banning Bribes Abroad: Us Enforcement Of The Foreign Corrupt Practices Act, Ellen Gutterman

Osgoode Hall Law Journal

The United States has been at the forefront of international efforts to combat corruption in the global economy for almost forty years, chiefly through its Foreign Corrupt Practices Act [FCPA]. Over the past decade, US enforcement of the FCPA has surged in terms of both the number of enforcement actions and the application of increasingly expansive interpretations of jurisdiction through which to enforce the FCPA on an extraterritorial basis. Extraterritorial enforcement of the FCPA has promoted anti-corruption policies and the banning of bribes abroad, but three aspects of FCPA enforcement shape and constrain the broader goals of global anti-corruption governance …

No Country For Some Men?: Statelessness In The United States And Lessons From The European Union, Lia G. Melikian

Georgia Journal of International & Comparative Law

No abstract provided.

Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer

Georgia Journal of International & Comparative Law

No abstract provided.

Crow Tribe Of Indians – Montana Compact, Ariel E. Overstreet-Adkins

Public Land & Resources Law Review

This order from the Montana Water Court approved the Crow Water Compact over objections by non-tribal water users in Montana. Although the Objectors have appealed the decision to the Montana Supreme Court, this order represents the next-to-last step in a process, started in 1979, to define and quantify the reserved water rights for current and future uses of the Crow Nation in Montana. The order provides a clear roadmap for other Montana tribes still seeking to achieve approval of a water compact by the Montana Water Court, and for objectors who would attempt to invalidate a compact in future proceedings.

The Right To An Exclusively Religious Education--The Ultra-Orthodox Community In Israel In Comparative Perspective, Gila Stopler

Georgia Journal of International & Comparative Law

No abstract provided.

Balancing Disclosure And Privacy Interests In Campaign Finance, Sarah Harding

Loyola of Los Angeles Law Review

The law of campaign finance pits two important First Amendment interests against each other: disclosure and privacy. The Supreme Court has recognized the need to balance these two interests to allow for effective elections and to safeguard individual rights. However, through the years the Court has failed to balance these interests equally, resulting in vacillating decisions that unfairly sacrifice one for the other. From Burroughs v. United States in 1934 to Citizens United v. FEC in 2010, the Court has failed to provide a workable roadmap for legislatures in the creation of campaign finance disclosure laws and for lower courts …

Why Opposing Hyper-Incarceration Should Be Central To The Work Of The Anti-Domestic Violence Movement, Donna Coker, Ahjané D. Macquoid

University of Miami Race & Social Justice Law Review

No abstract provided.

A Tale Of Two Countries' Engagement With The Fair Cross Section Right: Aboriginal Underrepresentation On Ontario Juries And The Boston Marathon Bomber's Jury Wheel Challenge, Marie Comiskey

Chicago-Kent Law Review

In both Canada and the United States, the constitutional right to a jury trial includes the right to select a jury from a representative cross-section of the jury-eligible population. This article compares and contrasts how this right has been interpreted in the two countries through the lens of recent controversies. In Part I, the article examines how the Supreme Court of Canada and the United States Supreme Court have defined the representative cross-section component of the right to a jury trial in the two respective countries. In Part II, the article focuses on the crisis of Aboriginal underrepresentation on coroner …

Preventing Juror Misconduct In A Digital World, Thaddeus Hoffmeister

Chicago-Kent Law Review

This article examines the reform efforts employed by common law countries to address internet-related juror misconduct, which generally arises when jurors use technology to improperly research or discuss a case. The three specific areas of reform are (1) punishment, (2) oversight, and (3) education. The first measure can take various forms ranging from fines to public embarrassment to incarceration. The common theme with all punishments is that once imposed, they make citizens less inclined to want to serve as jurors. Therefore, penalties should be a last resort in preventing juror misconduct.

The second reform measure is oversight, which occurs in …

Security Assistance In Africa: The Case For More, Kristen A. Harkness

The US Army War College Quarterly: Parameters

No abstract provided.

Foreword, Congressman Lee Zeldin

Touro Law Review

No abstract provided.

Pepperdine University School Of Law Legal Summaries, Nicole Banister

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Choice Of Law Clause In Contracts Between Parties Of Developing And Developed Nations, Alice M. Vickers

Georgia Journal of International & Comparative Law

No abstract provided.

The Traditional View Of Public Policy And Ordre Public In Private International Law, Kent Murphy

Georgia Journal of International & Comparative Law

No abstract provided.

The Export Administration Act's Technical Data Regulations: Do They Violate The First Amendment?, Kenneth Kalivoda

Georgia Journal of International & Comparative Law

No abstract provided.

Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa

Georgia Journal of International & Comparative Law

No abstract provided.

Should The United States Move Towards Portugal's Decriminalization Of Drugs?, Lauren Gallagher

University of Miami International and Comparative Law Review

No abstract provided.

What's Worse, Nuclear Waste Or The United States' Failed Policy For Its Disposal?, Christopher M. Keegan

University of Richmond Law Review

No abstract provided.

The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz

Georgia Journal of International & Comparative Law

No abstract provided.

Book Review: El Conflicto Honduras - El Salvador Y El Orden Juridico Internacional. James Rowles. Editorial Universitario Centroamericana (Educa). Costa Rica, 1980., José R. Pagés

Georgia Journal of International & Comparative Law

No abstract provided.

Taxation Aspects Of Foreign Investments In India, Udai V. Singh

Georgia Journal of International & Comparative Law

No abstract provided.

An International Legal Obligation To Assist In Energy Development Arises From The Charter Of Economic Rights And Duties Of States, Vicki A. Breman

Georgia Journal of International & Comparative Law

No abstract provided.

Conscientious Objection To Military Service: A Report To The United Nations Division Of Human Rights, Jonathan M. Engram

Georgia Journal of International & Comparative Law

No abstract provided.

The Right To Vote Of Non-Resident Citizens: A Comparative Study Of The Federal Republic Of Germany And The United States Of America, Robert Dilworth, Frank Montag

Georgia Journal of International & Comparative Law

No abstract provided.

Income Tax - Foreign Earned Income Exclusion - Effect Of The Economic Recovery Tax Act Of 1981 On Citizens Or Residents Of The United States Living Abroad, Jonathan M. Engram

Georgia Journal of International & Comparative Law

No abstract provided.