Law Commons^™

Is It Law Or Something Else?: A Divided Judiciary In The Application Of Fraudulent Transfer Law Under § 546(E) Of The Bankruptcy Code, Jaclyn Weissgerber

Pace Law Review

In Part I of this Note, I will provide a general overview of leveraged buyouts. The discussion of how and why LBOs are implemented is particularly relevant to the application of fraudulent transfer analysis. In Part II, I will discuss fraudulent transfer law as defined by the Bankruptcy Code. In Part III, I will discuss which transfers within the LBO should be attacked under fraudulent transfer law and why; this section will focus on the various stakes of the parties involved in the leveraged buyout transaction. I will provide an overview of the specific factors that bankruptcy and federal appellate …

Book Review Of Leadership On The Federal Bench: The Craft And Activism Of Jack Weinstein, By Jeffrey B. Morris, Elizabeth A. Schneider

Journal of Legal Education

No abstract provided.

Speedy Trial As A Viable Challenge To Chronic Underfunding In Indigent-Defense Systems, Emily Rose

Michigan Law Review

Across the country, underresourced indigent-defense systems create delays in taking cases to trial at both the state and federal levels. Attempts to increase funding for indigent defense by bringing ineffective assistance of counsel claims have been thwarted by high procedural and substantive hurdles, and consequently these attempts have failed to bring significant change. This Note argues that, because ineffective assistance of counsel litigation is most likely a dead end for system-wide reform, indigent defenders should challenge the constitutionality of underfunding based on the Sixth Amendment guarantee of speedy trial. Existing speedy trial jurisprudence suggests that the overworking and furloughing of …

Dead Man's Hand: Reshuffling Foreign Sovereign Immunities In U.S. Human Rights Litigation, David J. Bederman

Georgia Journal of International & Comparative Law

No abstract provided.

Customary International Human Rights Law In Domestic Court Decisions, Gordon A. Christenson

Georgia Journal of International & Comparative Law

No abstract provided.

Our Non-Originalist Right To Bear Arms, Robert Leider

Indiana Law Journal

District of Columbia v. Heller was a landmark, if controversial, opinion. Discussion has centered on the merits of its self-described originalist approach. Supporters praise its efforts to return to a more originalist and textualist approach to constitutional questions, whereas critics challenge the accuracy of Heller’s historical claims and criticize its departure from precedent.

This Article challenges much of the conventional wisdom about Heller, its use of originalism, and its relationship to nineteenth- and twentieth-century case law. This Article argues that, despite much of its rhetoric, Heller actually exemplified popular constitutionalism—not originalism—in the way it approached the most important practical question …

A Court By Any Other Name: Preserving The Right Of Diversity Removal From State Administrative Agencies That Emulate Courts, John D. Pizzo

West Virginia Law Review

No abstract provided.

#Serviceofprocess @Socialmedia: Accepting Social Media For Service Of Process In The 21st Century, Keely Knapp

Louisiana Law Review

No abstract provided.

2013 Government Contract Law Decisions Of The Federal Circuit, Dennis J. Callahan, Jeffery M. Chiow, Lauren B. Kramer

American University Law Review

No abstract provided.

The Danger Of Nonrandom Case Assignment: How The Southern District Of New York's "Related Cases" Rule Shaped Stop-And-Frisk Rulings, Katherine A. Macfarlane

Michigan Journal of Race and Law

The Southern District of New York’s local rules are clear: “[A]ll active judges . . . shall be assigned substantially an equal share of the categories of cases of the court over a period of time.” Yet for the past fourteen years, Southern District Judge Shira Scheindlin has been granted near-exclusive jurisdiction over one category of case: those involving wide-sweeping constitutional challenges to the New York Police Department’s (NYPD) stop-and-frisk policies. In 1999, Judge Scheindlin was randomly assigned Daniels v. City of New York, the first in a series of high-profile and high-impact stop-and-frisk cases. Since then, she has overseen …

Interesting Times At The Federal Circuit, Kathleen M. O'Malley

American University Law Review

No abstract provided.

Ending The Second "Splendid Isolation"?: Veterans Law At The Federal Circuit In 2013, Victoria Hadfield Moshiashwili

American University Law Review

No abstract provided.

Congress As A Catalyst Of Patent Reform At The Federal Circuit, Jonas Anderson

American University Law Review

No abstract provided.