A Few Thoughts On “If A Tree Falls In A Roadway . . . .”,
2019
Washington and Lee University School of Law
A Few Thoughts On “If A Tree Falls In A Roadway . . . .”, David Eggert
Washington and Lee Law Review
This Response to Ian McElhaney’s note examines (1) the background legal context that got us to where we are on falling-tree liability; (2) how this peculiar issue fits into Virginia’s general approach to the law; and (3) presents some thoughts on Mr. McElhaney’s reasoning and ultimate conclusions in urging liability for road maintainers.
When Death Becomes An Option: How Aedpa’S Opt-In Provisions Will Violate The Constitutional Rights Of Habeas Corpus Petitioners,
2019
Brooklyn Law School
When Death Becomes An Option: How Aedpa’S Opt-In Provisions Will Violate The Constitutional Rights Of Habeas Corpus Petitioners, Alexander Brock
Journal of Law and Policy
For centuries, the writ of habeas corpus has allowed imprisoned men and women to challenge the validity of their detention as the final source of relief from criminal sentences. For those convicted of the death penalty, it is the last resource standing between life and death. Despite its monumental significance in America’s legal history, the “Great Writ” was dealt a devastating blow with the introduction of the Antiterrorism and Effective Death Penalty Act (“AEDPA”) of 1996. Designed to expedite the legal processes from sentencing to execution, AEDPA drastically limited the avenues of relief sought by habeas petitioners. Yet, the law …
Scrutinizing Anticompetitive State Regulations Through Constitutional And Antitrust Lenses,
2019
University of Michigan
Scrutinizing Anticompetitive State Regulations Through Constitutional And Antitrust Lenses, Daniel A. Crane
Articles
State and local regulations that anticompetitively favor certain producers to the detriment of consumers are a pervasive problem in our economy. Their existence is explicable by a variety of structural features—including asymmetry between consumer and producer interests, cost externalization, and institutional and political factors entrenching incumbent technologies. Formulating legal tools to combat such economic parochialism is challenging in the post-Lochner world, where any move toward heightened judicial review of economic regulation poses the perceived threat of a return to economic substantive due process. This Article considers and compares two potential tools for reviewing such regulations—a constitutional principle against anticompetitive parochialism …
Dental Board Of California,
2019
University of San Diego
Dental Board Of California, Helene E. Mayer, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy,
2019
University of San Diego
Board Of Pharmacy, John Lacrosse, John Mysliwiec, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing,
2019
University of San Diego
Board Of Registered Nursing, Heather Morse, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Contractors’ State License Board,
2019
University of San Diego
Contractors’ State License Board, Natasha Pulido, Betsy Gopinath
California Regulatory Law Reporter
No abstract provided.
California Board Of Accountancy,
2019
University of San Diego
California Board Of Accountancy, Brian Attard, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
California Public Utilities Commission,
2019
University of San Diego
California Public Utilities Commission, Charles Kreuzberger, Thomas G. Routson, Negin Taleb, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Department Of Insurance,
2019
University of San Diego
Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Committee Of Bar Examiners,
2019
University of San Diego
Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Unintentional Irony In Landmark Decisions Of The Delaware Supreme Court Regarding Corporate Law,
2019
University of Oklahoma
Unintentional Irony In Landmark Decisions Of The Delaware Supreme Court Regarding Corporate Law, Steven J. Cleveland
Michigan Business & Entrepreneurial Law Review
Three landmark decisions of the Delaware Supreme Court exhibit unintentional irony: Beam v. Stewart, Smith v. Van Gorkom, and Paramount Communications Inc. v. Time Inc. In Beam, the court concluded that, regarding the decision of whether to seek remedy against Martha Stewart, her fellow directors would not have jeopardized their reputations for the minimal gain of continuing their business and personal relationships with her. Ironically, the court failed to acknowledge that Martha Stewart—in trading on material nonpublic information, which gave rise to the corporate claim against her—jeopardized her reputation (ultimately losing hundreds of millions of dollars and her freedom) for …
Domestic Asset Protection Trusts: A Debtor's Friend And Creditor's Foe,
2019
Brooklyn Law School
Domestic Asset Protection Trusts: A Debtor's Friend And Creditor's Foe, Nora Hood
Brooklyn Journal of Corporate, Financial & Commercial Law
In 1997, Alaska enacted the first law in the United States legalizing Domestic Asset Protection Trusts (DAPTs), also referred to as self-settled asset protection trusts, as valid legal entities. Under traditional trust law, a debtor cannot shield assets from creditors by placing them in a trust for his or her own benefit. Alaska’s statute allowing DAPTs calls the traditional rule into question. This Note will examine use of DAPTs in the United States, including whether or not the recently amended Uniform Voidable Transaction Act would consider any transfer to a DAPT voidable per se, and discuss an approach that intends …
Commencement Calls For Review Of Annual Milestones,
2019
Indiana University Maurer School of Law
Commencement Calls For Review Of Annual Milestones, Austen L. Parrish
Austen Parrish (2014-2022)
This weekend is a time of celebration in Bloomington, as we welcome friends and family of the Class of 2019 for our annual commencement ceremony. It’s an important milestone in our students’ lives. Commencement is also a time for looking back. The past year saw several significant milestones for the IU Maurer School of Law. I’d like to touch on just a few of them in this month’s column.
Medical Board Of California,
2019
University of San Diego
Medical Board Of California, Mason Bettencourt, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board,
2019
University of San Diego
Veterinary Medical Board, Kelsey Burns, Betsy Gopinath
California Regulatory Law Reporter
No abstract provided.
State Bar Of California,
2019
University of San Diego
State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Bureau For Private Postsecondary Education,
2019
University of San Diego
Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Bureau Of Cannabis Control,
2019
University of San Diego
Bureau Of Cannabis Control, Nicole Cohen, Guinness Castello, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Local Evidence In Constitutional Interpretation,
2019
Duke University School of Law
Local Evidence In Constitutional Interpretation, Brandon L. Garrett
Cornell Law Review
The Supreme Court frequently relies on state law when interpreting the U.S. Constitution. What is less understood is the degree and manner in which the Supreme Court and other federal courts look to local law. Although it has gone largely unnoticed, there is a robust practice of acknowledging and accounting for local law in the course of constitutional interpretation. Local evidence may inform the decision whether to recognize a constitutional right, it may inform the interpretation of the right, and it may inform the remedies for a constitutional violation. For example, the Supreme Court has examined local enforcement patterns to …
