The Faculty Workshop,
2012
University of Colorado
Housing And Housing Services Program Measure – Veterans Version (Hhspm-V),
2012
University of South Florida
Housing And Housing Services Program Measure – Veterans Version (Hhspm-V), Colleen Clark, M. Scott Young, Sarah R. Moody, Gregory Teague, Rhonda Ort, James Winarski, Kathleen Moore, Minnie Norton, Blake Barrett
Mental Health Law & Policy Faculty Publications
No abstract provided.
Adhering To Law And Values Against Terrorism,
2012
University of Chicago Law School
Adhering To Law And Values Against Terrorism, Mary Ellen O'Connell
Notre Dame Journal of International & Comparative Law
No abstract provided.
Cooperative Federalism, The New Formalism, And The Separation Of Powers Revisited: Free Enterprise Fund And The Problem Of Presidential Oversight Of State-Government Officers Enforcing Federal Law, Ronald J. Krotoszynski Jr.
Duke Law Journal
Formalism has returned, displacing the flexible, functionalist separation-of-powers analysis that often characterized the Supreme Court's separation-of-powers decisions during the Rehnquist Court. Free Enterprise Fund v. Public Co. Accounting Oversight Board provides powerful evidence of this emerging trend. Moreover, a reliable majority of the Justices have strongly embraced formalism in other important separation-of-powers decisions as well. A new formalism now appears to govern the Court's contemporary separation-of-powers jurisprudence—with the defenders of more flexible, functional approaches to separation-of-powers questions relegated to writing dissents. The Roberts Court, however, has failed to elucidate fully the precise scope and meaning of its new formalist vision …
The Political Turn In American Administrative Law: Power, Rationality, And Reasons,
2012
Duke Law
The Political Turn In American Administrative Law: Power, Rationality, And Reasons, Jodi L. Short
Duke Law Journal
Reason giving is central to U.S. administrative law and practice. Traditionally, courts and scholars alike have located both the constraining and the legitimating force of reasons in the constraining and legitimating force of Reason, or rationality, but several recent developments signal a political turn in understandings of administrative justification. First, in upholding the decision of the Federal Communications Commission (FCC) to penalize broadcasters for televising "fleeting expletives" in the Fox Television case, the U.S. Supreme Court signaled the diminished importance of reasoned administrative justification and a broadened acceptance of political justifications for changes in agency policy. Second, motivated by …
The Geography Of Sexuality,
2012
University of North Carolina School of Law
The Geography Of Sexuality, Yishai Blank, Issi Rosen-Zvi
North Carolina Law Review
No abstract provided.
The Federal Arbitration Act And Testamentary Instruments,
2012
University of North Carolina School of Law
The Federal Arbitration Act And Testamentary Instruments, David Horton
North Carolina Law Review
No abstract provided.
Judging-Lite: How Arbitrators Use And Create Precedent,
2012
University of North Carolina School of Law
Judging-Lite: How Arbitrators Use And Create Precedent, W. C. Mark Weidenmaier
North Carolina Law Review
No abstract provided.
United States V. Rodriguez And Carachuri-Rosendo V. Holder: Shedding Light On The Maximum Potential Term Issue In United States V. Simmons,
2012
University of North Carolina School of Law
United States V. Rodriguez And Carachuri-Rosendo V. Holder: Shedding Light On The Maximum Potential Term Issue In United States V. Simmons, Christopher R. Detwiler
North Carolina Law Review
No abstract provided.
The Not-So-Extraordinary Case Of Aikens V. Ingram: Rule 60(B)(6) Relief From Final Judgments In The Fourth Circuit,
2012
University of North Carolina School of Law
The Not-So-Extraordinary Case Of Aikens V. Ingram: Rule 60(B)(6) Relief From Final Judgments In The Fourth Circuit, Frederick Johnson
North Carolina Law Review
No abstract provided.
Refusing To Compare Apples And Oranges: Why The Fourth Circuit Got It Right In United States V. Divens,
2012
University of North Carolina School of Law
Refusing To Compare Apples And Oranges: Why The Fourth Circuit Got It Right In United States V. Divens, Tziporah Schwartz Tapp
North Carolina Law Review
No abstract provided.
A Profession, If You Can Keep It: How Information Technology And Fading Borders Are Reshaping The Law Marketplace And What We Should Do About It,
2012
UC Law SF
A Profession, If You Can Keep It: How Information Technology And Fading Borders Are Reshaping The Law Marketplace And What We Should Do About It, Stephen Gillers
UC Law Journal
Technology is changing the way we do business. It has made cross-border trade in goods and services easy. Capital is finding ways to profit from the law business. Lawyers strive to serve clients wherever they need help, including outside their jurisdiction of admission. These changes not only affect how American law firms work, they challenge our system for licensing and regulating lawyers. The traditional geocentric model for regulating the bar, based on physical place of practice, is unstable today because lawyers can practice physically in many places and (virtually) in every place, yet no place in particular. The next twenty …
Issue Preclusion Effect Of Class Certification Orders,
2012
UC Law SF
Issue Preclusion Effect Of Class Certification Orders, Antonio Gidi
UC Law Journal
This Article addresses the peculiarities of issue preclusion in class action certification, particularly after the approval of the American Law Institute’s Principles of the Law of Aggregate Litigation in 2010 and the U.S. Supreme Court decision in Smith v. Bayer Corp. in 2011. After discussing the reasons why orders that deny class certification cannot have issue preclusive effect, this Article analyzes proposals to address the problem.
Note – Reducing Civil Litigation Costs By Promoting Technological Innovation: Adopting Standards Of Reasonableness In E-Discovery,
2012
UC Law SF
Note – Reducing Civil Litigation Costs By Promoting Technological Innovation: Adopting Standards Of Reasonableness In E-Discovery, Kelly Foss
UC Law Journal
Discovery costs have ballooned over the last decade, in large part because attorneys must review vast amounts of electronically stored information (“ESI”) for relevancy and privilege and must collect all potentially relevant ESI on which to perform those reviews. Courts can reduce costs associated with reviewing ESI by finding that the use of recently developed search software can be “reasonable” under Federal Rule of Civil Procedure 26(g) and Federal Rule of Evidence 502. Courts also can ultimately reduce costs associated with collecting ESI by taking into account the reasonableness of parties’ prelitigation document-management systems when determining whether to require production …
Eco-Labeling: An Argument For Regulation And Reform,
2012
Pomona College
Eco-Labeling: An Argument For Regulation And Reform, Lauren Sherman
Pomona Senior Theses
This thesis analyzes the strengths and weaknesses of various types of eco-labels, focusing primarily on differences between mandatory and voluntary eco-labeling programs. I argue that many of the problems with eco-labeling could be addressed by improving regulations. The current regulation of eco-labeling in the United States is discussed, especially the shortcomings of the FTC’s Green Guides. I recommend creating enforceable national legislation to regulate environmental claims that includes involvement of key stakeholders, a list of acceptable environmental claims, enforceable national definitions of environmental terms, an avenue for manufacturers and consumers to challenge environmental claims, consumer education, and periodic review and …
Call In The Feds: Title Vi As A Diversifying Force In The Collegiate Head Football Coaching Ranks,
2012
American University Washington College of Law
Call In The Feds: Title Vi As A Diversifying Force In The Collegiate Head Football Coaching Ranks, N. Jeremi Duru
Articles in Law Reviews & Other Academic Journals
Over the course of the past decade, the racial complexion of the National Football League's ("NFL's") head coaching ranks has dramatically changed. For the bulk of the NFL's existence, it was virtually impossible for an African American to land a head coaching position. Whether as a result of "old boy" networking or stereotypical suppositions that African Americans lacked the intellectual capacity required to lead, manage, and teach a team of professional football players, African Americans toiled in assistant coaching positions for their entire careers with virtually no hope of ascending to the top spot.' Beginning in December of 2002, however, …
Presidential Control, Expertise, And The Deference Dilemma,
2012
Duke Law
Presidential Control, Expertise, And The Deference Dilemma, Emily Hammond Meazell
Duke Law Journal
Courts reviewing agency action frequently point to superior political accountability and expertise as justifying deference to agencies. These fundamentals of deference often operate in tandem, providing distinct but complimentary reasons why courts will not substitute their judgment for that of agencies. But when courts review agency actions arising from shared regulatory space, political accountability—often expressed as presidential control—and expertise can seem at odds. How should courts respond when, for example, one agency lays claim to presidential control but another relies on expertise, and the two take inconsistent positions so that a court must choose one over the other? This Article …
Stern V. Marshall –– Digging For Gold And Shaking The Foundation Of Bankruptcy Courts (Or Not),
2012
Louisiana State University Law Center
Stern V. Marshall –– Digging For Gold And Shaking The Foundation Of Bankruptcy Courts (Or Not), Katie Drell Grissel
Louisiana Law Review
No abstract provided.
A Failing Correctional System: State Prison Overcrowding In The United States,
2012
Salve Regina University
A Failing Correctional System: State Prison Overcrowding In The United States, Susan M. Campers
Pell Scholars and Senior Theses
State prison overcrowding has grown into a detrimental problem within our American penal system, such that after decades of being ignored by politicians, media outlets, and the lower court system, it has resulted in an ineffective and overcrowded correctional system that craves reformation.
Barbara Garii's Book Review Of Student Teaching And The Law In The Journal Of Tutoring And Mentoring: Partnership In Learning,
2012
University of South Florida
Barbara Garii's Book Review Of Student Teaching And The Law In The Journal Of Tutoring And Mentoring: Partnership In Learning, Zorka Karanxha
Educational Leadership and Policy Studies Faculty Publications
No abstract provided.
