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On Love, Technology, And Law, The Honorable Howard T. Markey 2017 St. John's University School of Law

On Love, Technology, And Law, The Honorable Howard T. Markey

The Catholic Lawyer

No abstract provided.


People V. Eulo: New York Adopts The Brain Death Standard For Homicide Cases, 2017 St. John's University School of Law

People V. Eulo: New York Adopts The Brain Death Standard For Homicide Cases

The Catholic Lawyer

No abstract provided.


Humane Provisions For Aborted Human Remains, Patrick Monaghan 2017 St. John's University School of Law

Humane Provisions For Aborted Human Remains, Patrick Monaghan

The Catholic Lawyer

No abstract provided.


Disclosure Versus Confidentiality, Richard D. Kuhn 2017 St. John's University School of Law

Disclosure Versus Confidentiality, Richard D. Kuhn

The Catholic Lawyer

No abstract provided.


The Unreasonable Seizures Of Shadow Deportations, Mary Holper 2017 Boston College Law School

The Unreasonable Seizures Of Shadow Deportations, Mary Holper

Mary Holper

President Trump, during his campaign, promised a “deportation task force” to swiftly deport the eleven million undocumented noncitizens in the United States. Within his first week in office, he issued two Executive Orders calling for stricter immigration enforcement and a stronger border. The Department of Homeland Security (“DHS”) Memos implementing his interior and border enforcement executive orders indicate that DHS will use every tool to enforce the immigration laws, expanding the use of procedural tools that bypass immigration courts and ensuring that noncitizens remain detained during these “shadow” deportations.Two of these procedural tools, administrative removal and expedited removal, allow ...


Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal, Naomi Gemmell 2017 Pepperdine University

Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal, Naomi Gemmell

Pepperdine Dispute Resolution Law Journal

This Article proposes application of an ADR system for resolving online copyright disputes related to P2P file sharing. Section II provides an overview of P2P file sharing networks and associated copyright infringement. Section III explores current approaches that fall short in resolving P2P copyright disputes, namely the Digital Millennium Copyright Act, litigation, and private agreements. Section IV examines the two primary proposed solutions to online copyright disputes: alternative dispute resolution and federal small claims. Section V recommends that a streamlined online dispute resolution system is necessary (even if a federal small claims tribunal is adopted), and concludes.


Use Of Mediation To Recover Rights To Our Genes, Rachel Albert 2017 Pepperdine University

Use Of Mediation To Recover Rights To Our Genes, Rachel Albert

Pepperdine Dispute Resolution Law Journal

No abstract provided.


The Medicare Appeals Crisis: Why Mediation Is The Medicine, Michelle Ellis 2017 Pepperdine University

The Medicare Appeals Crisis: Why Mediation Is The Medicine, Michelle Ellis

Pepperdine Dispute Resolution Law Journal

This article will explore how unmeritorious RAC-reversals recently polluted the Medicare appeals process, and how this has led to a crisis for both providers and the United States Department of Health & Human Services (HHS). Furthermore, this article will consider the lack of available remedies and narrow measures taken by HHS, and will instead advocate for mediation as the best means of easing the backlog. While the delays also directly affect Medicare beneficiaries, this article will limit its discussion to the backlog in relation to providers and suppliers.


The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin 2017 Pepperdine University

The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin

Pepperdine Dispute Resolution Law Journal

This article details the oft-debated issue of how labor arbitrators should reconcile collective bargaining agreements (CBAs) with public sources of law, i.e., “external law,” particularly when the plain meaning of a CBA would lead to an arbitration award in contravention of public law. This article traces the origin of the debate back to 1967, when renowned labor arbitrators Robert Howlett and Bernard Meltzer took opposing views on the matter in front of the National Academy of Arbitrators. Although Meltzer’s traditional view, that arbitrators should respect the CBA and ignore the law when the two diverge, may have been ...


A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. McGinley 2017 Pepperdine University

A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley

Pepperdine Dispute Resolution Law Journal

No abstract provided.


V.6, 2015 Masthead, 2017 University of San Diego

V.6, 2015 Masthead

San Diego Journal of Climate & Energy Law

No abstract provided.


Vol. 53, No. 06 (September 25, 2017), 2017 Maurer School of Law: Indiana University

Vol. 53, No. 06 (September 25, 2017)

Indiana Law Annotated

No abstract provided.


Business Taxes Reinvented: A Term Sheet, Edward D. Kleinbard 2017 University of Southern California

Business Taxes Reinvented: A Term Sheet, Edward D. Kleinbard

University of Southern California Legal Studies Working Paper Series

This short overview and accompanying term sheet summarize the key features of a proposed comprehensive business tax environment termed the Dual Business Enterprise Income Tax (the Dual BEIT). The term sheet format is a useful mode of presentation for capturing in one accessible document the major policy recommendations of the Dual BEIT (or any other comprehensive tax reform proposal).

This paper makes the case that the Dual BEIT satisfies the objectives of policymakers from both parties for comprehensive business tax reform that can serve as the platform for economic growth while collecting appropriate levels of tax revenue. The arguments are ...


Murr V. Wisconsin, Nathan A. Burke 2017 Alexander Blewett III School of Law at the University of Montana

Murr V. Wisconsin, Nathan A. Burke

Public Land and Resources Law Review

In Murr v. Wisconsin, the Court redefined how to determine private property for a regulatory taking under the Fifth Amendment. Previously, courts have primarily relied on state property principles to determine the relevant unit of property for a regulatory takings claim. However, in this case, the Court adopted a three-factor standard to determine the landowner’s reasonable expectations regarding the treatment of their property. By relying on these factors rather than only on state laws, the Court created a litigation-specific definition of property that could potentially differ from state property boundaries. The three-factor standard may also give the government an ...


Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta 2017 Alexander Blewett III School of Law at the University of Montana

Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta

Public Land and Resources Law Review

No abstract provided.


Climate Change Litigation: Opening The Door To The International Court Of Justice, Andrew L. Strauss 2017 University of Dayton

Climate Change Litigation: Opening The Door To The International Court Of Justice, Andrew L. Strauss

Andrew L. Strauss

In March 2003, I wrote an article for the Environmental Law Reporter surveying potential international judicial forums where victims of global warming could bring lawsuits. In the ensuing six years, numerous lawsuits have been brought in the United States and in other countries, and environmentalists can now celebrate their first significant victory. In April 2007, based upon its finding that greenhouse gases are pollutants under Section 202(a)(1) of the U.S. Clean Air Act, the Supreme Court in Massachusetts v. EPA held that the U.S. Environmental Protection Agency (EPA) has the authority to regulate greenhouse gases.

Though ...


Beyond National Law: The Neglected Role Of The International Law Of Personal Jurisdiction In Domestic Courts, Andrew L. Strauss 2017 University of Dayton

Beyond National Law: The Neglected Role Of The International Law Of Personal Jurisdiction In Domestic Courts, Andrew L. Strauss

Andrew L. Strauss

When one of the parties is foreign in civil personal jurisdiction cases, United States courts have assumed it appropriate to overlook international jurisdiction law and apply solely United States constitutional, statutory and common law doctrines related to jurisdiction. Courts in other countries likewise apply their own domestic doctrines of jurisdiction in international cases. Applying both positivist and normative methodologies, this article makes the theoretical case that the international law of personal jurisdiction should be applied in domestic courts.


Cutting The Gordian Knot: How And Why The United Nations General Assembly Should Expand The Jurisdiction Of The International Court Of Justice, Andrew L. Strauss 2017 University of Dayton

Cutting The Gordian Knot: How And Why The United Nations General Assembly Should Expand The Jurisdiction Of The International Court Of Justice, Andrew L. Strauss

Andrew L. Strauss

The International Court of Justice — the global system's oldest and most venerable tribunal — has failed to meet its full potential. This is in large measure due to the requirement that the Court may only assert jurisdiction over states with their consent, which is often withheld. To help correct for this failure, this article proposes that the Court be given a referral jurisdiction. Referral jurisdiction would empower the Court to issue advisory opinions on interstate disputes without the requirement of state consent. Standing in the way of nonconsent-based jurisdiction, however, is the problem of the Gordian Knot: The world's ...


A Global Parliament: Essays And Articles, Andrew L. Strauss, Richard A. Falk 2017 University of Dayton

A Global Parliament: Essays And Articles, Andrew L. Strauss, Richard A. Falk

Andrew L. Strauss

Democracy is the guiding principle for fairly and peacefully making community decision at the local, provincial, and national levels of human society. In this compilation of works, Falk and Strauss argue for a practical approach to now finally extending democratic decision-making to the global system.


Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, And Governance Frameworks, William C. G. Burns, Andrew L. Strauss 2017 Johns Hopkins University

Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, And Governance Frameworks, William C. G. Burns, Andrew L. Strauss

Andrew L. Strauss

The international community is not taking the action necessary to avert dangerous increases in greenhouse gases. Facing a potentially bleak future, the question that confronts humanity is whether the best of bad alternatives may be to counter global warming through human-engineered climate interventions. In this book, eleven prominent authorities on climate change consider the legal, policy, and philosophical issues presented by geoengineering. The book asks: When, if ever, are decisions to embark on potentially risky climate modification projects justified? If such decisions can be justified, in a world without a central governing authority, who should authorize such projects and by ...


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