Law Commons^™

[Marked Confidential]: Negative Externalities Of Discovery Secrecy, Gustavo Ribeiro

Articles in Law Reviews & Other Academic Journals

Current unprecedented levels of secrecy in civil discovery create significant negative externalities by preventing our adversary system from measuring up to the broad public goals that justify it. First, excessive discovery secrecy undermines the courts and the public’s ability to correct distortions of the truth-seeking function of the adversary system caused by excessive partisanship and confirmation bias. Second, it weakens the adversary system’s promotion of liberal democratic values, such as transparency and self-government. Third, it threatens the adversary system’s role in upholding human dignity, understood either as respect or status. To correct the negative externalities caused by excessive discovery secrecy, …

Denouncing The Revival Of Pre-Roe V. Wade Abortion Bans In A Post-Dobbs World Through The Void Ab Initio And Presumption Of Validity Doctrines, Nora Greene

American University Journal of Gender, Social Policy & the Law

The United States Supreme Court voted to overturn Roe v. Wade in a leaked draft of Dobbs v. Jackson Women’s Health Organization. Written by Justice Alito and joined by four of the other conservative justices, the decision describes Roe as “egregiously wrong from the start” and blatantly overrules the landmark holding and its prodigy, Planned Parenthood v. Casey. In their state codes, nine states—Alabama, Arizona, Arkansas Michigan, Mississippi, Oklahoma, Texas, West Virginia, and Wisconsin— have unrepealed criminal abortion bans enacted before Roe. These bans prohibit abortion at any point in pregnancy unless to preserve the life of the pregnant person …

The Next Four Years, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

The articles in this issue lay out an ambitious agenda. We hope they serve as inspiration for the restoration of faith in democracy and for hope that our country can work to come back together in the next four years and beyond. There is much work to be done.

Do You Really Know What Happened To Psy?: Controversial South Korean Music Censorship, Min-Soo "Minee" Roh

Legal Writing Competition Winners

This paper was submitted to the Entertainment Law Initiative(ELI)'s The 22nd Annual Entertainment Law Initiative Writing Competition and was recognized by the Recording Academy by a formal letter for admission.

Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh

Upper Level Writing Requirement Research Papers

Regulating music on radio or television is not a straightforward process, as the music is comprised of lyrics of words. On top of the lyrics, any music performance has an additional layer of choreography and dress code. If any individual elements or combined elements is obscene or indecent, the government attempts to regulate broadcasting both music and performance. This leads to regulating general speech on communications and it requires this paper to look into regulation of broadcasting in general and specific examples of music broadcasting regulation on radio and television, particularly, in the United States (“States”) and in Republic of …

Clear And Convincing Civility: Applying The Civil Commitment Standard Of Proof To Civil Asset Forfeiture, Stephen J. Moss

American University Law Review

No abstract provided.

The Perfect Match: Civil Law Judges And Open-Ended Fair Use Provisions, Martin Senftleben

American University International Law Review

No abstract provided.

Nfc Technology Llc V. Htc America, Inc.: Judge Bryson's Sitting-By-Designation Guide To Securing Stays In Light Of Inter Partes Reviews, Jonathan Stroud

American University Law Review

No abstract provided.

International Arbitration: Demographics, Precision And Justice, Susan Franck, James Freda, Kellen Lavin, Tobias A. Lehmann, Anne Van Aaken

Contributions to Books

ICCA Congress Series No. 18 comprises the proceedings of the twenty-second Congress of the International Council for Commercial Arbitration (ICCA), held in Miami in 2014. The articles by leading arbitration practitioners and scholars from around the world address the challenges, both perceived and real, to the legitimacy of international arbitration.

The volume focusses on the twin pillars of legitimacy: justice, in procedure and outcome, and precision at every phase of the proceedings. Contributions on justice explore issues related to diversity, fairness and whether arbitral institutions can do more to foster legitimacy – based on the responses of nine international arbitral …

Opening The Floodgates: Does Statutory Expansion Make Potential Conservatees More Vulnerable

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Napoleon Bonaparte is quoted as saying: "Nothing is more difficult, and therefore more precious, than to be able to decide." The quest for independence and the right to call your own shots can be lost at the drop of the gavel. In 2011, the baby boomer generation totaled over 41 million men and women, of which three million celebrated his or her 65th birthday that year. With this increase in the elder population, there has been an increased trend in finding solutions to provide for this population to the point where "[s]ocial services are being pushed to the breaking …

The Diversity Challenge: Exploring The 'Invisible College' Of International Arbitration, Susan Franck

Articles in Law Reviews & Other Academic Journals

As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in international arbitration. With a lack of accurate, complete, and publicly available data about international arbitrators and practitioners, speculation about membership in the “invisible college” of international arbitration abounds. Using data from a survey of attendees at the prestigious and elite biennial Congress of the International Council for Commercial Arbitration permitted one glimpse into the …

Disparate Impact And Pregnancy: Title Vii's Other Accommodation Requirement, Camille Hébert

American University Journal of Gender, Social Policy & the Law

No abstract provided.

To Abstain Or Not To Abstain: A New Framework For Application Of The Abstention Doctrine In International Parallel Proceedings, Jocelyn H. Bush

American University Law Review

It is obvious to most that the ties between people and businesses in different countries have increased dramatically in recent years. One of the effects of this globalization of the world’s economies and societies is an increase in international or transnational litigation. As traveling and conducting business across international borders becomes easier and cheaper, and the number of international business transactions increases, so too have the number of lawsuits involving parties and transactions or occurrences from different countries. This development has led to a corresponding increase in the number of lawsuits before United States courts which are similar, or indeed …

Quantum Meruit And The Restatement (Third) Of Restitution And Unjust Enrichment, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Thirty years ago, Professor Graham Douthwaite said that restitution can "arise in a bedazzling variety of situations."' He also said that practitioners usually are not aware of "the restitutionary implications or potential" of their clients' problems. Over 50 years ago, Professor John Dawson said that "[i]t is doubtful even now whether most lawyers have an adequate conception of the range and resources of the remedy." About twenty years ago, I said of Professor Dawson's statement, "It is doubtful whether the situation has much improved in the last thirty years." Unfortunately, I can still repeat that concern.

Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber

American University Law Review

No abstract provided.

Law, Language And Terror: Policemen Or Soldiers? The Dangers Of Misunderstanding The Threat To America (Commentary On 9-11), Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This article was offered in 2001 as the Times Literary Supplement's main commentary the week following 9-11. The essay argues that 9-11 required war as a response, and challenges views expressed in the days following 9-11 by commentators such as Anne-Marie Slaughter and Michael Ignatieff that the proper response by the United States should be criminal law in nature - either international criminal law, through international tribunals or procedures, or domestic criminal law of the kind pursued in the first 1993 World Trade Center bombing. It further argues against the functional pacifism of many Christian theologians who, while approving of …

Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis "Goes Too Far", Andrew S. Gold

American University Law Review

No abstract provided.

Insurance Contracts And Judicial Discord Over Whether Liability Insurers Must Defend Insureds' Allegedly Intentional And Immoral Conduct: A Historical And Empirical Review Of Federal And State Courts' Declaratory Judgments--1900-1997 , Willy E. Rice

American University Law Review

No abstract provided.

Vigilantism Revisited: An Economic Analysis Of The Law Of Extra-Judicial Self-Help Or Why Can't Dick Shoot Henry For Stealing Jane's Truck? , Kelly D. Hine

American University Law Review

No abstract provided.

Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Ancient Law And Modern Eyes, David Snyder

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Freedom Of Information Act Response Deadlines: Bridging The Gap Between Legislative Intent And Economic Reality , Eric J. Sinrod

American University Law Review

No abstract provided.

Executive Branch Civil Justice Reform, Carl Tobias

American University Law Review

No abstract provided.

The American Rule On Attorney Fee Allocation: The Injured Person's Access To Justice, John F. Vargo

American University Law Review

No abstract provided.

Executive Branch Civil Justice Reform, Carl Tobias

American University Law Review

No abstract provided.

Proposed Changes To Discovery Rules In Aid Of "Tort Reform": Has The Case Been Made?, Paul R. Sugarman, Marc G. Perlin

American University Law Review

No abstract provided.

The American Rule On Attorney Fee Allocation: The Injured Person's Access To Justice, John F. Vargo

American University Law Review

No abstract provided.

Proposed Changes To Discovery Rules In Aid Of "Tort Reform": Has The Case Been Made?, Paul R. Sugarman, Marc G. Perlin

American University Law Review

No abstract provided.

The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal convictions …

Public Employment Law And The Transition To Democracy In Chile, Robert Vaughn

Articles in Law Reviews & Other Academic Journals

No abstract provided.