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Posthumous Privacy, Decedent Intent, And Post-Mortem Access To Digital Assets, Alberto B. Lopez Jan 2016

Posthumous Privacy, Decedent Intent, And Post-Mortem Access To Digital Assets, Alberto B. Lopez

Articles

No abstract provided.


Temples, Courts, And Dynamic Equilibrium In The Indian Constitution, Deepa Das Acevedo Jan 2016

Temples, Courts, And Dynamic Equilibrium In The Indian Constitution, Deepa Das Acevedo

Articles

Must all states have fixed constitutional identities Does democracy necessarily entail citizensovereignty This paper uses ethnographic data from India to argue that the answer to both questions is "no" In the aftermath of a massive stampede in 2011 the Kerala High Court initiated an overhaul of the complex executive legislative and judicial network that governs the famous Hindu temple at Sabarimala The court's conflicting goals were to avoid further consolidating government authority over the temple and to further empower officials so that they could undertake needed reforms Ultimately the court did both "” and neither "” in an instance of …


The Duty Of Care Of Bank Directors And Officers Bank Director And Officer Responsibilities Conference, Julie Andersen Hill, Douglas K. Moll Jan 2016

The Duty Of Care Of Bank Directors And Officers Bank Director And Officer Responsibilities Conference, Julie Andersen Hill, Douglas K. Moll

Articles

In the aftermath of the 2008 financial crisis, the Federal Deposit Insurance Corporation (FDIC) brought numerous lawsuits against directors and officers offailed banks asserting that they had breached their fiduciary duty of care. Under state corporate law, duty of care claims arise in different contexts, and courts often apply different standards of liability depending upon the context of the claim. In the banking setting, the standard of liability for breach of the duty of care is governed by the federal statute FIRREA and the Supreme Court's decision in Atherton v. FDIC. In Atherton, the Court held that FIRREA allows the …


Decriminalizing Polygamy, Casey E. Faucon Jan 2016

Decriminalizing Polygamy, Casey E. Faucon

Articles

Polygamous families are our national outlaws. Despite the expansion of sexual rights and marriage equality in the U.S., polygamy remains a crime. Challenging that stigma is the Brown family, who star in the reality TV show “Sister Wives” and who practice polygamous marriage as a tenet of their religion. The Browns filed suit against multiple Utah state actors in federal district court, challenging Utah's polygamy statute as unconstitutional in violation of their Free Exercise of Religion, substantive Due Process, and Equal Protection rights. The district court agreed and decriminalized informal polygamy in Utah. On appeal, the Tenth Circuit reversed the …


No Virtue Like Necessity: Dealing With Nonpoint Source Pollution And Environmental Flows In The Face Of Climate Change, William L. Andreen Jan 2016

No Virtue Like Necessity: Dealing With Nonpoint Source Pollution And Environmental Flows In The Face Of Climate Change, William L. Andreen

Articles

In many ways the Clean Water Act of 1972 has been a tremendous success Discharges of water pollutants from both industrial and municipal point sources have plummeted the loss of wetlands has been cut decisively and water quality has improved broadly across the nation Despite all of this progress the quality of many of our waters remains impaired In other words a significant proportion of our rivers lakes and smaller streams are simply not clean enough to fully support their designated uses such as fishing or recreation The primary reason for this lies in the failure of the Act to …


Differential Response: Misrepresentation Of Cps Investigation And Case Fact Finding, Frank E. Vandervort, Ronald C. Hughes Jan 2016

Differential Response: Misrepresentation Of Cps Investigation And Case Fact Finding, Frank E. Vandervort, Ronald C. Hughes

Articles

Traditionally, a host of necessary case fact-finding responsibilities and activities has been used by public Child Protective Services (CPS) agencies to ensure that they can achieve mandates to protect children from maltreatment as well as to strengthen and preserve the families of atrisk children. The primary CPS case fact-finding activities include risk assessment, investigation (both CPS and forensic), and family assessment. Information collected while engaged in any one of these three activities will often be relevant and important to the others. However, each case fact-finding activity also requires specific inquiry to elicit information that is essential to achieve its distinct …


Opinion 2/13 Of The Court (C.J.E.U.), Daniel Halberstam Jan 2016

Opinion 2/13 Of The Court (C.J.E.U.), Daniel Halberstam

Articles

Opinion 2/13 of the Court of Justice of the European Union (CJEU) declared the draft agreement on European Union accession to the European Convention on Human Rights (ECHR) incompatible with the Treaty on European Union. The Opinion comes toward the end of a long and gradual process of incorporating human and fundamental rights principles into the legal system of the European Community and its successor, the European Union. Opinion 2/13 sends the Commission back to the drawing board on what has long been seen as the capstone of that process—EU accession to the Strasbourg human rights regime as an external …


Constructive Unilateralism: U.S. Leadership And International Taxation, Reuven S. Avi-Yonah Jan 2016

Constructive Unilateralism: U.S. Leadership And International Taxation, Reuven S. Avi-Yonah

Articles

In recent years, various U.S. international tax proposals have been advanced on the basis that we should follow the lead of our major trading partners. For example, it has been argued that we should adopt a "territorial" tax system (really, an exemption for dividends by controlled subsidiaries of U.S. multinationals) because most of our trading partners have done so. Other voices have called for the United States to adopt a "patent box" because the United Kingdom and other EU jurisdictions have one.


Debunking Humphrey's Executor, Daniel A. Crane Jan 2016

Debunking Humphrey's Executor, Daniel A. Crane

Articles

The Supreme Court’s 1935 Humphrey’s Executor decision paved the way for the modern administrative state by holding that Congress could constitutionally limit the President’s powers to remove heads of regulatory agencies. The Court articulated a quartet of features of the Federal Trade Commission’s (“FTC”) statutory design that ostensibly justified the Commission’s constitutional independence. It was to be nonpartisan and apolitical, uniquely expert, and performing quasi-legislative and quasi-judicial, rather than executive, functions. In recent years, the staying power of Humphrey’s Executor has been called into question as a matter of constitutional design. This Essay reconsiders Humphrey’s Executor from a different angle. …


Tesla, Dealer Franchise Laws, And The Politics Of Crony Capitalism, Daniel A. Crane Jan 2016

Tesla, Dealer Franchise Laws, And The Politics Of Crony Capitalism, Daniel A. Crane

Articles

Public choice theory has long proclaimed that business interests can capture regulatory processes to generate economic rents at the expense of consumers. Such political exploitation may go unnoticed and unchallenged for long time periods because, though the rents are captured by a relatively small number of individuals or firms, the costs are widely diffused over a large number of consumers. The triggering event to expose and mobilize opposition to the regulatory capture may not arise until a new technology seeks to challenge the incumbent technology, thus creating a motivated champion to expose and oppose the regulatory capture and advocate for …


Assignments With Intrinsic Lessons On Professionalism (Or, Teaching Students To Act Like Adults Without Sounding Like A Parent), Beth H. Wilensky Jan 2016

Assignments With Intrinsic Lessons On Professionalism (Or, Teaching Students To Act Like Adults Without Sounding Like A Parent), Beth H. Wilensky

Articles

There is little question that law schools ought to teach their students professionalism – indeed, they are required to do so to maintain accreditation. And there is little question that the required legal writing and research course is one of the places it ought to be taught. But teaching students to adopt the norms of professional behavior — both in law school and after graduation — is a challenge to law faculties, and particularly to the experiential learning faculty who frequently are on the front lines of teaching professionalism. While there are many ways to teach students what professional and …


In Praise Of (Some) Ex Post Regulation: A Response To Professor Galle, Kyle D. Logue Jan 2016

In Praise Of (Some) Ex Post Regulation: A Response To Professor Galle, Kyle D. Logue

Articles

According to modern law-and-economics (“L&E”) orthodoxy, the primary—maybe even the only—legitimate justification for government regulation is to correct a market failure. This conclusion is based on two key assumptions. First, when markets are functioning reasonably well, they are better at achieving efficiency than the government is. Second, most markets function reasonably well most of the time. Although there is probably evidence to support these assumptions (for example, the relative prosperity of market-based economies in comparison with the relative poverty of centrally planned economies), both assumptions are usually taken as articles of faith by mainstream L&E scholars. This is why scholarly …


The Pendulum Swings: Reconsidering Corporate Criminal Prosecution, David M. Uhlmann Jan 2016

The Pendulum Swings: Reconsidering Corporate Criminal Prosecution, David M. Uhlmann

Articles

Corporate crime continues to occur at an alarming rate, yet disagreement persists among scholars and practitioners about the role of corporate criminal prosecution. Some argue that corporations should face criminal prosecution for their misconduct, while others would reserve criminal prosecution for individual corporate officials. Perhaps as a result of this conflict, there has been a dramatic increase over the last decade in the use of deferred prosecution and non-prosecution agreements for some corporate crimes, even as the government continues to bring criminal charges for other corporate crimes. To move beyond our erratic approach to corporate crime, we need a better …


A Bipartisan Tax Reform?, Reuven S. Avi-Yonah Jan 2016

A Bipartisan Tax Reform?, Reuven S. Avi-Yonah

Articles

A Bipartisan Tax Reform?By Reuven S. Avi-YonahIf one listens to what Democratic and Republicancandidates for president are saying on the cam-paign trail, it would appear that the chances for taxreform in 2017 and beyond are minimal. A biparti-san approach is essential for tax reform to passbecause even if there are majorities from the presi-dent’s party in both houses, major tax reform wouldnot likely get through the Senate without 60 votes.But the parties seem very far apart on tax reform.Democrats are focused on using the tax system toreduce inequality and are determined to raise thetax rates at the top of the …


Building Labor's Constitution, Kate Andrias Jan 2016

Building Labor's Constitution, Kate Andrias

Articles

In the last few years, scholars have sought to revitalize a range of constitutional arguments against mounting economic inequality and in favor of labor rights. They urge contemporary worker movements to lay claim to the Constitution. But worker movements, for the most part, have not done so. This Essay takes seriously that choice. It examines reasons for the absence of constitutional argumentation by contemporary worker movements, particularly the role of courts and legal elites in our constitutional system, and it contends that labor’s ongoing statutory and regulatory reform efforts are essential prerequisites to the development of progressive constitutional labor rights. …


Is More Antitrust The Answer To Wealth Inequality?, Daniel A. Crane Jan 2016

Is More Antitrust The Answer To Wealth Inequality?, Daniel A. Crane

Articles

Wealth inequality has reemerged as a major political issue and may become one of the defining themes of the 2016 presidential election. Progressives claim a broad set of causes for wealth inequality, from tax loopholes favoring the wealthy to the decline of private sector unionization. Recently, a number of high-profile public intellectuals have begun to finger an additional culprit - lax antitrust enforcement. According to prominent progressives such as Nobel economics laureates Joseph Stiglitz and Paul Krugman, former labor secretary Robert Reich, and Oxford economist Anthony Atkinson, weak enforcement of the antitrust laws has permitted the flourishing of anticompetitive mergers, …


When Should We Teach Our Students To Pay Attention To The Costs Of Legal Research?, Beth H. Wilensky Jan 2016

When Should We Teach Our Students To Pay Attention To The Costs Of Legal Research?, Beth H. Wilensky

Articles

It is axiomatic in legal research pedagogy that law schools should teach students how to conduct cost-effective legal research. To do that, we need to teach students to consider the amount of time and money their research requires, how paid legal research platforms like Westlaw and Lexis charge for their services, and how to research in an efficient and cost-sensitive way. But we shouldn’t do those things. Or at least, we shouldn’t do them at first. Instead, we should tell students not to worry about the costs of legal research during their first year of law school—with the possible exception …


Contemporary Practice Of The United States Relating To International Law, July 2016, Kristina Daugirdas, Julian Davis Mortenson Jan 2016

Contemporary Practice Of The United States Relating To International Law, July 2016, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • U.S. Supreme Court Upholds Law Facilitating Compensation for Victims of Iranian Terrorism • Russia Argues Enhanced Military Presence in Europe Violates NATO-Russia Agreement; United States Criticizes Russian Military Maneuvers over the Baltic Sea as Inconsistent with Bilateral Treaty Governing Incidents at Sea • U.S. Secretary of State Determines ISIL Is Responsible for Genocide • United States Blocks Reappointment of WTO Appellate Body Member • U.S. Department of Defense Releases Report of Investigation Finding That October 2015 Air Strike on Doctors Without Borders Hospital in Kunduz, Afghanistan, Was Not a War Crime • United States Expands Air …


Confronting Power In Public Law, Kate Andrias Jan 2016

Confronting Power In Public Law, Kate Andrias

Articles

In his important and provocative Foreword, Professor Daryl Levinson criticizes American constitutional law for failing to attend sufficiently to questions of power, which he defines as “the ability to effect substantive policy outcomes by influencing what the government will or will not do.” As Levinson details, structural constitutional law has focused on how power is distributed among governmental institutions. It has not consistently or adequately considered how power is — or should be — distributed among social groups. Ultimately, Levinson suggests that the narrow focus of separation of powers law and theory on “equalizing the power of government institutions” lacks …


Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger Jan 2016

Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger

Articles

Opposition to mass incarceration has entered the mainstream. But except in a few states, mass decarceration has not, so far, followed: By the end of 2014 (the last data available), nationwide prison population had shrunk only 3% off its (2009) peak. Jail population, similarly, was down just 5% from its (2008) peak. All told, our current incarceration rate - 7 per 1,000 population - is the same as in 2002, and four times the level in 1970, when American incarceration rates began their rise. Our bloated prisoner population includes many groups of prisoners who are especially likely to face grievous …


Culture As A Structural Problem In Indigent Defense, Eve Brensike Primus Jan 2016

Culture As A Structural Problem In Indigent Defense, Eve Brensike Primus

Articles

In Part I, I will describe the ways in which today's right-to-counsel challenges are similar to and different from those that faced the writers of the 1961 symposium. I will also explain in more detail why the structural conditions of criminal defense work to create (and, to some extent, always have created) a cultural problem in indigent defense delivery systems across the country. In Part II, I will discuss why I believe that we are, once again, facing a moment for potential reform, albeit reform that is different in scope and kind from that which was possible in the 1960s. …


Contemporary Practice Of The United States Relating To International Law, October 2016, Kristina Daugirdas, Julian Davis Mortenson Jan 2016

Contemporary Practice Of The United States Relating To International Law, October 2016, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • Iran and United States Continue to Implement Nuclear Deal, Although Disputes Persist • United States Continues to Challenge Chinese Claims in South China Sea; Law of the Sea Tribunal Issues Award Against China in Philippines-China Arbitration • U.S. Navy Report Concludes That Iran’s 2015 Capture of U.S. Sailors Violated International Law • United States Justifies Its Use of Force in Libya Under International and National Law • U.S. Drone Strike Kills Taliban Leader in Pakistan • U.S. Government Releases Casualty Report, Executive Order, and Presidential Policy Guidance Related to Its Counterterrorism Strike Practices • The Department …


Formalism And Functionalism In Antitrust Treatment Of Loyalty Rebates: A Comparative Perspective, Daniel A. Crane Jan 2016

Formalism And Functionalism In Antitrust Treatment Of Loyalty Rebates: A Comparative Perspective, Daniel A. Crane

Articles

It is a widely held belief that U.S. antitrust law has long been characterized by economic functionalism and that European antitrust law has long been characterized by legal formalism.' The received wisdom began to change in Europe a decade ago when the Directorate General Competition of the European Commission (DG Comp) began to advocate a more "effects-based" analysis of abuse of dominance. Two factors arguably contributed to this change. First, the DG Comp became increasingly influenced by economists who had little use for the old formalism. Second, as Europe trie to spread antitrust to developing antitrust regimes across the world-and, …


Improved High Temperature Stability Of Anatase Tio2 Photocatalysts By N, F, P Co-Doping, Rachel Fagan, Declan Mccormack, Steven Hinder, Suresh Pillai Jan 2016

Improved High Temperature Stability Of Anatase Tio2 Photocatalysts By N, F, P Co-Doping, Rachel Fagan, Declan Mccormack, Steven Hinder, Suresh Pillai

Articles

Among the three commonly occurring phases (anatase, rutile, and brookite) of TiO2, the anatase form is reported to be the best photocatalyst due to the improved charge-carrier mobility and the greater number of surface hydroxyl groups. The anatase to rutile transition in titania photocatalysts usually occurs at a temperature between 500 °C to 700 °C. Development of a high temperature stable (above 1000 °C) anatase phase is important for various environmental applications (e.g. self-cleaning ceramic tiles, anti-microbial sanitary wares, etc.). In this study, the use of ammonium hexafluorophosphate as a single source dopant (method A) and urea, trifluoroacetic acid and …


Piperlongumine (Piplartine) And Analogues: Antiproliferative Microtubule-Destabilising Agents, Mary J. Meegan, Seema M. Nathwani, Brendan Twamley, Daniela M. Zisterer, Niamh O'Boyle Jan 2016

Piperlongumine (Piplartine) And Analogues: Antiproliferative Microtubule-Destabilising Agents, Mary J. Meegan, Seema M. Nathwani, Brendan Twamley, Daniela M. Zisterer, Niamh O'Boyle

Articles

Piperlongumine (piplartine, 1) is a small molecule alkaloid that is receiving intense interest due to its antiproliferative and anticancer activities. We investigated the effects of 1 on tubulin and microtubules. Using both an isolated tubulin assay, and a combination of sedimentation and Western blotting, we demonstrated that 1 is a tubulin-destabilising agent. This result was confirmed by immunofluorescence and confocal microscopy, which showed that microtubules in MCF-7 breast cancer cells were depolymerised when treated with 1. We synthesised a number of analogues of 1 to explore structure-activity relationships. Compound 13 had the best cytotoxic profile of this series, …


Optimisation Of Anodic Oxidation Of Aluminium For Enhanced Adhesion And Corrosion Properties Of Sol-Gel Coatings., Michael Whelan, Tobin Edmond, John Cassidy, John Colreavy, Brendan Duffy Jan 2016

Optimisation Of Anodic Oxidation Of Aluminium For Enhanced Adhesion And Corrosion Properties Of Sol-Gel Coatings., Michael Whelan, Tobin Edmond, John Cassidy, John Colreavy, Brendan Duffy

Articles

The anodising process for clad and bare AA2024-T3 has been optimised as a surface preparation technique prior to sol-gel coating deposition. The combination of anodised aluminium surfaces and organically functionalised sol-gel chemistry have been investigated to impart elevated corrosion resistance and increased mechanical properties to the aluminium metal. A duplex anodising process has been developed to utilise the natural corrosion resistance properties of sulphuric acid anodising with the adhesion and hosting properties of phosphoric acid anodising. The novel anodising process and sol-gel sealed surfaces have been characterised using field emission scanning electron microscopy, energy dispersive x-ray spectroscopy. Performance of the …


The Ideological Origins Of The Right To Counsel, John Felipe Acevedo Jan 2016

The Ideological Origins Of The Right To Counsel, John Felipe Acevedo

Articles

The defense counsel is a paramount actor in modem criminal trials, but this was not always the case. Indeed, the allowance of counsel to felony defendants can be traced to only a few hundred years ago, a relatively modem innovation in the area of legal history. This Essay examines the intellectual origins of the right to counsel, which it situates in the era of the English Revolution. Drawing on pamphlet literature, cases, and statutes from the seventeenth century in both England and North America, it argues that the right originated from a fear of unfairness brought on by a mistrust …


Tort Reform Through The Back Door: A Critique Of Law And Apologies, Yonathan A. Arbel, Yotam Kaplan Jan 2016

Tort Reform Through The Back Door: A Critique Of Law And Apologies, Yonathan A. Arbel, Yotam Kaplan

Articles

No abstract provided.


Applying The U.S. Constitution To Foreign Asylum Seekers: Exposing A Curious, Inconsistent Practice In The Federal Courts, Shalini Bhargava Ray Jan 2016

Applying The U.S. Constitution To Foreign Asylum Seekers: Exposing A Curious, Inconsistent Practice In The Federal Courts, Shalini Bhargava Ray

Articles

No abstract provided.


Standing, Politics, And Exhaustion: A Response To Legislative Exhaustion, Heather Elliott Jan 2016

Standing, Politics, And Exhaustion: A Response To Legislative Exhaustion, Heather Elliott

Articles

Professor Michael Sant'Ambrogio's article, Legislative Exhaustion, usefully approaches the problem of "legislative standing" by abandoning the typical Article III standing analysis and making instead a separation-of-powers argument. His theory-that Congress may sue the President only when it has no legislative avenue for addressing its problems-provides both a workable account of and a limiting principle for suits by the legislative branch against the executive. His analysis, however, raises questions regarding the effect of legislative lawsuits on the constitutional balance of powers. This Essay suggests that these questions should be more fully explored before Professor Sant'Ambrogio's approach can be adopted. It concludes …