Law Commons^™

The Impact Of The Rise And Fall Of Chevron On The Executive's Power To Make And Interpret Law, Linda D. Jellum

Loyola University Chicago Law Journal

The Supreme Court’s willingness to defer to agency interpretations of ambiguous statutes has vacillated over the past seventy years. The Court’s vacillation has dramatically impacted the executive’s power to make and interpret law. This Article examines how the Court augmented then constricted executive lawmaking power and ceded then reclaimed executive interpretive power with a single case and its legal progeny.

Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.¹ and its aftermath dramatically altered the executive’s power to make and interpret law. Prior to Chevron, Congress had the primary responsibility for lawmaking, while agencies made policy choices primarily …

Statutory Genres: Substance, Procedure, Jurisdiction, Karen Petroski

Loyola University Chicago Law Journal

To decide many cases, courts need to characterize some of the legal rules involved, placing each one in a specific doctrinal category to identify the rule’s effect on the litigation. The consequences of characterization decisions can be profound, but the grounds for making and justifying them are often left unstated. This Article offers the first systematic comparison of two important types of legal characterization: the distinction between substantive and procedural rules or statutes, a distinction federal courts make in several contexts; and the distinction between jurisdictional and nonjurisdictional rules, especially those relating to litigation filing requirements. The Article explains the …

United States V. Klein, Then And Now, Gordon G. Young

Loyola University Chicago Law Journal

United States v. Klein, decided during Reconstruction, was the first U.S. Supreme Court case to invalidate a statutory restriction on federal courts’ jurisdiction. It is the only case to do so by finding a violation of Article III of the Constitution. Klein has been cited in thirty-three U.S. Supreme Court opinions and roughly five hundred times each by lower federal courts and law journal articles. Recent commentators have read Klein both too broadly and narrowly. Its central holding is that Congress may not grant federal courts jurisdiction to decide a set of cases on the merits while depriving them …

John Courtney Murray, S.J.: The Meaning Of Social Justice In Catholic Thought, Robert John Araujo

Loyola University Chicago Law Journal

No abstract provided.

Is The Class Half-Empty Or Half-Full?, Kenneth R. Feinberg

Loyola University Chicago Law Journal

No abstract provided.

Class Actions And State Authority, Samuel Issacharoff

Loyola University Chicago Law Journal

As experiments with class actions spread to more distant shores, especially in countries of civil law backgrounds, a recurring question arises: what is the relation of the private class action to the customary regulatory power of the state? The response offered here is that, in fact, the class action stands in three different postures to state authority: as a direct challenge, as a complement, and as a rival. Recent class action cases in the U.S. are analyzed to examine these three functions and to give a distinct justification for each. At bottom, each justification turns on a contested commitment to …

Class Actions Along The Path Of Federal Rule Making, Vaughn R. Walker

Loyola University Chicago Law Journal

No abstract provided.

Legal Process In A Box, Or What Class Action Waivers Teach Us About Law-Making, Rhonda Wasserman

Loyola University Chicago Law Journal

The Supreme Court’s decision in AT&T Mobility LLC v. Concepcion advanced an agenda found in neither the text nor the legislative history of the Federal Arbitration Act. Concepcion provoked a maelstrom of reactions not only from the press and the academy, but also from Congress, federal agencies, and lower courts, as they struggled to interpret, apply, reverse, or cabin the Court’s blockbuster decision. These reactions raise a host of provocative questions about the relationships among the branches of government and between the Supreme Court and the lower courts. Among other questions, Concepcion and its aftermath force us to grapple with …

Hijacked By Statistics, Rescued By Wal-Mart V. Dukes: Probing Commonality And Due Process Concerns In Modern Class Action Litigation, Saby Ghoshray

Loyola University Chicago Law Journal

No abstract provided.

Advance Consent To Aggregate Settlements: Reflections On Attorneys' Fiduciary Obligations And Professional Responsibility Duties, Carol A. Needham

Loyola University Chicago Law Journal

No abstract provided.

Reflections On The Future Of Class Actions, Robert H. Klonoff

Loyola University Chicago Law Journal

This Essay, a condensed version of a longer piece that is forthcoming in the Washington University Law Review, argues that in recent years courts have cut back sharply on the ability to bring class action lawsuits. The Essay surveys ten disturbing trends, each of which makes it increasingly difficult for class representatives and counsel to obtain class certification.

Due Process And The Future Of Class Actions, Alexandra D. Lahav

Loyola University Chicago Law Journal

No abstract provided.

Who Will Regulate Class Action Lawyers?, Nancy J. Moore

Loyola University Chicago Law Journal

No abstract provided.

Against Mushy Balancing Tests In Blight Condemnation Jurisprudence, Roderick M. Hills

Fordham Urban Law Journal

Professor Somin has written an incisive critique of the New York Court of Appeals’ decisions in Kaur and Goldstein, the gist of which is that the Court did not do enough to stop “highly abusive blight condemnations.” There are, however, two difficulties with the critique. First, as a matter of legalistic interpretation of the New York Constitution, the critique is not very persuasive. Second, as a matter of policy, Professor Somin’s proposal is unlikely to be adopted by any judge influenced by the same political process that lead to the condemnations that Professor Somin attacks.

Beyond The City Square: Fishing In Wider Pools Without Soundings, Monica A. Fennell

Fordham Urban Law Journal

Monica Fennell begins a conversation in CITY SQUARE regarding the diversity in the judicial appointment process in the United Kingdom and the United States, a conversation sparked by Professor Judith Maute’s article English Reforms to Judicial Selection: Comparative Lessons for American States?

Reflections On Professor Romero’S Insight On The Decriminalization Of Border Crossings, Won Kidane

Fordham Urban Law Journal

Professor Romero proposes that unauthorized border crossings must be decriminalized. He advances several notable reasons why such a measure is warranted. Kidane offers his own reflections in the following three parts. Part I puts the doctrinal dilemma between criminalization and decriminalization in perspective. Part II evaluates Professor Romero’s argument in favor of decriminalization. And the Conclusion offers final thoughts.

Leveraging Bias In Forensic Science, Roger Koppl

Fordham Urban Law Journal

Dr. Simon Cole calls for a more hierarchical organization of forensic science in his challenging Article, Acculturating Forensic Science: What is ‘Scientific Culture’, and How can Forensic Science Adopt it? Koppl thinks Dr. Cole is right to say that there are different roles in forensic science, but somewhat mistaken in his call for hierarchy.

Poverty Law 101: The Law And History Of The U.S. Welfare State, Karen M. Tani

Fordham Urban Law Journal

Poverty law will remain marginalized so long as we confine it to a population that we and our students understand as marginal. Tani discusses Professor Wax’s characterization of the “old welfare law framework,” as well as her account of what happened to it, and would not advocate a return to a court-centered, advocacy-oriented approach.

Funding Port-Related Infrastructure And Development: The Current Debate And Proposed Reform, Christopher T. Cook

Fordham Urban Law Journal

Given the lack of consensus and certainty in how funding should best be generated to meet critical infrastructure and development needs, this Note proposes an amendment to the Shipping Act to provide port authorities with the express power to impose fees for the construction, operation, and maintenance of qualifying port-related infrastructure and development initiatives. The amendment would effectively spread the costs specific to qualifying initiatives over the useful life of the project. Part I discusses the relevant provisions and judicial standards associated with the Tonnage Clause and Shipping Act. Part II addresses the efforts by both Congress and port authorities …

Dylan And The Last Love Song Of The American Left, John M. Facciola

Fordham Urban Law Journal

The reminiscences of an old man who had the joy of being a New York kid when an old American music form was transformed by the extraordinary efforts of a group of musicians who saw a new creative force that they thought could cause revolutionary social change. This article examines the impact of the friendship between Bob Dylan and Woody Guthrie on folk music and describes the political consciousness of the music.

Bob Dylan On Lenny Bruce: More Of An Outlaw Than You Ever Were, Louise Harmon

Fordham Urban Law Journal

This Essay seeks to compare and contrast two contemporary performing artists: Bob Dylan and Lenny Bruce. Bruce and Dylan both became artists in the middle of twentieth-century America—in the same stew of ideas, myths, and shared assumptions. Both experienced the same winds of change, albeit at different stages of life, in the 1950s and 1960s, the post-World War II Cold War period, the burgeoning civil rights movement, and the Vietnam War. Both responded to these winds of change, and in so doing, transcended and transformed their respective art forms.

Why The Law Needs Music: Revisiting Naacp V. Button Through The Songs Of Bob Dylan, Renee Newman Knake

Fordham Urban Law Journal

The law needs music, a truth revealed by revisiting the United States Supreme Court’s opinion in NAACP v. Button through the songs of Bob Dylan and the play Music History. This Essay proceeds in three parts. Part I opens with a summary of the Court’s decision in NAACP v. Button, focusing particularly on the expanded understanding of First Amendment rights related to access to the law that flow from this legal opinion. Part II explains the inspiration for this Essay, Seaton’s play Music History, which reveals the influence of music on law and culture during the civil rights movement. Part …

Bob Dylan’S Lawyers, A Dark Day In Luzerne County, And Learning To Take Legal Ethics Seriously, Randy Lee

Fordham Urban Law Journal

This article examines the life of Bob Dylan and how his views can be used to improve legal ethics. Bob Dylan's views are applied to the legal ethics issues faced by the juvenile justice system in Pennsylvania and the Pennsylvania’s Interbranch Commission on Juvenile Justice's call "to get serious" about legal ethics. "If we are, however, to get serious about legal ethics, then we will first have to see if we can “make any sense of it,” “pull it apart,” and see if any of it can fit back together in a meaningful way, in other words, do the kind …

Symposium: Bob Dylan And The Law Foreword, Samuel J. Levine

Fordham Urban Law Journal

Taken together, the articles in this Symposium Issue provide a journey through both Bob Dylan’s career and the American legal landscape. Befitting a legal prophet, Dylan is often critical, skeptical, and cynical, at times uncompromising in his portrayal of the failures of American law and society. The presentations at the Dylan and the Law Symposium reflected, in part, the disappointment and frustration expressed in Dylan’s words and music. Yet, the speakers at the Symposium echoed another side of Bob Dylan’s work: a refusal to surrender or despair in the face of disheartening reality. Instead, drawing upon Dylan’s prophetic dreams and …

The Freewheelin’ Judiciary: A Bob Dylan Anthology, Alex B. Long

Fordham Urban Law Journal

Judges at all levels in the United States judicial system have cited Bob Dylan far more often than any other popular music artist. The logical question then becomes, “why?” Why is Dylan (rather than John Lennon, Woody Guthrie, or some other prominent and sociallyconscious songwriter) the preferred songwriter for judges, and why do judges feel the need to cite Dylan’s lyrics to begin with? What are they hoping to convey to the reader about the legal issue at hand, the legal system in general, or about themselves that causes them to rely on the works of Dylan? What type of …

Life Cycles Of American Legal History Through Bob Dylan's Eyes, Laurie Serafino

Fordham Urban Law Journal

This Article will examine, from a legal perspective, Dylan's ideas on social policy and change. It begins with an in-depth look at the treatment of African Americans before, during, and after the Civil War by looking at relevant legal statutes and Supreme Court Cases. This Article then looks to the second cycle of revolution to gain Dylan's attention, the struggle of the worker and immigrant during the twentieth century. This article concludes by examining current domestic issues in the third cycle of revolution-- specifically, how corporations exert significant domination over the political process.

"No Older 'N Seventeen": Defending In Dylan Country, Abbe Smith

Fordham Urban Law Journal

This article is about an actual experience the author had defending a teenager accused of a serious crime where Bob Dylan grew up-- the Minnesota Iron Range. In order to protect the young man's privacy, it does not divulge the actual time period of the case. Likewise, details about his life and the charges he was facing have been changed. His name has been changed to Jamal. Things did not go well for Jamal. Though a child when he was sent from the juvenile jail outside of Washington, D.C. to a secure treatment facility for serious juvenile offenders in the …

When The Law Doesn't Work, Richard H. Underwood

Fordham Urban Law Journal

This Article looks at Dylan songs and traces them back to "true crime" to relate Dylan to the law. It looks at "Ballad of Hollis Brown," "Ballad of Donald White," "The Lonesome Death of Hattie Carroll," "Hurricane," "Percy's Song," and "Talking Bear Mountain Picnic Massacre Blues." Part I looks at Dylan's traditional songs. Part II looks at Dylan's finger-pointing songs. Finally, part III looks at "Bad Judge Ballads."

Dylan's Judgment On Judges: Power And Greed And Corruptible Seed Seem To Be All That There Is, David M. Zornow

Fordham Urban Law Journal

This Article is presented in the form of an "Indictment" against judges brought by Bob Dylan, in the role of prosecutor. Indictment Part A contains a summary of Dylan's allegations against judges. Part B is background information. Part C alleges "Abuse of Power" as indictment count one. Part D alleges "Greed" as indictment count two. Part E alleges "Corruptible Seed" as indictment count three. Part F contains the indictments conclusion. Finally, the article concludes with a "Brady" letter.

Front Matter

Animal Law Review

Front Matter includes advisors and Table of Contents for Animal Law Review Volume 18, Issue 2, 2012.