Law Commons^™

Texas Appellate Courts Are Likely To Find Waivers Of Sovereign Immunity Of State Agencies In Anti-Retaliation Claims Under The State Applications Act, Tri T. Truong

Tri T Truong

The State of Texas, its agencies, and political subdivisions enjoy immunity from suit and liability unless the Texas Legislature (“Legislature”) expressly waives immunity. When an anti-retaliation claim is filed against a state agency, that agency does not have the same protection under Texas law to invoke sovereign immunity as does a municipality or other governmental subdivisions, even though the two governmental entities are governed by similar statutes—the State Applications Act (“Act”) and the Political Subdivisions Law (“PSL”), respectively. This paper focuses on four principal cases: Barfield, Fernandez, Norman, and Beltran. In 1995, the Barfield court decided that the election-of-remedies provision …

Texas Appellate Courts Are Likely To Find Waivers Of Sovereign Immunity Of State Agencies In Anti-Retaliation Claims Under The State Applications Act, Tri T. Truong

Tri T Truong

The State of Texas, its agencies, and political subdivisions enjoy immunity from suit and liability unless the Texas Legislature (“Legislature”) expressly waives immunity. When an anti-retaliation claim is filed against a state agency, that agency does not have the same protection under Texas law to invoke sovereign immunity as does a municipality or other governmental subdivisions, even though the two governmental entities are governed by similar statutes—the State Applications Act (“Act”) and the Political Subdivisions Law (“PSL”), respectively. This paper focuses on four principal cases: Barfield, Fernandez, Norman, and Beltran. In 1995, the Barfield court decided that the election-of-remedies provision …

Texas Appellate Courts Are Likely To Find Waivers Of Sovereign Immunity Of State Agencies In Anti-Retaliation Claims Under The State Applications Act, Tri T. Truong

Tri T Truong

The State of Texas, its agencies, and political subdivisions enjoy immunity from suit and liability unless the Texas Legislature (“Legislature”) expressly waives immunity. When an anti-retaliation claim is filed against a state agency, that agency does not have the same protection under Texas law to invoke sovereign immunity as does a municipality or other governmental subdivisions, even though the two governmental entities are governed by similar statutes—the State Applications Act (“Act”) and the Political Subdivisions Law (“PSL”), respectively. This paper focuses on four principal cases: Barfield, Fernandez, Norman, and Beltran. In 1995, the Barfield court decided that the election-of-remedies provision …

Penn Central After 35 Years: A Three-Part Balancing Test Or A One-Strike Rule?, R. S. Radford

R. S. Radford

Penn Central Transportation Co. v. City of New York has been called the “polestar” of regulatory taking jurisprudence. Yet after 35 years, there is still no consensus on whether Penn Central sets forth a three-part balancing test, or a "one strike, you're out" checklist. This article presents an empirical analysis of how Penn Central is actually applied in the federal courts, finding distinct differences in the application of the test across jurisdictions.

Statutory Presumption Of Domestic Batterers’ Unfitness As Parents: Lessons From Jordan V. Jordan, Kyle S. Karpowicz

Kyle S Karpowicz

This casenote analyzes the background and consequences 2011 D.C. Appellate Circuit decision of Jordan v. Jordan. This decision affirmed a lower court which found that though a statutory presumption of unfitness on the part of the father due to a finding of domestic violence, the presumption was rebutted and joint custody was awarded. The procedural elements of the statute and the decision are scrutinized, as well as how the decision comports with public policy and the legislative intent behind the statute.

International Trade And Investment Law And Carbon Management Technologies, Shi-Ling Hsu

Shi-Ling Hsu

Reducing emissions of greenhouse gases will require the development of carbon management technologies that are not currently available or that are not currently cost-effective. While market mechanisms such as carbon pricing must play a central role in stimulating the development of these technologies, governmental policy aimed at fostering carbon management technologies and lowering their costs must also play a part. Both types of policies will form part of an optimal greenhouse gas control portfolio.

This article develops a framework of international trade and investment law insofar as they may affect carbon management technologies. While it is commonly perceived that international …

The Kids Before Khadr: Haitian Refugee Children On Guantanamo, Kathryn Jastram

Kate Jastram

No abstract provided.

The Importance Of Being Earnest: An Environmental Whistleblower’S Guide To Protection Under Sox § 806 And Dodd-Frank, John J. Tollefsen

John J. Tollefsen

This paper argues that the reason so few whistleblowers have won in court is because counsel failed to focus on SEC rule violations. It lays out a strategy for reversing that trend by identifying 13 SEC rules that could be cited by environmental whistleblowers under SOx §806 and its Dodd-Frank cousin.

Section 2 As An “Adequate Substitute” For Section 5: Proposing An “Effects-Only” Test As An Amendment To Section 2 Of The Voting Rights Act Of 1965, Bernice M. Bird

Bernice M. Bird

As the U.S. Supreme Court shall finally determine whether Section 5 of the Voting Rights Act of 1965 is unconstitutional next year in Shelby County, Ala. v. Holder, most suppressed minority voters may be left with only Section 2 as a remedy for voting discrimination challenges. However, the federal courts have consistently interpreted Section 2's "results" or "intent" test contrary to the legislative intent of Section 2 in increasing the burden for plaintiffs to demonstrate discriminatory intent of racial bias in enacting election laws. Thus, Section 2 currently serves as an inadequate substitute for redressing voting discrimination should the Supreme …

Does Science Speak Clearly And Fairly In Trade And Food Safety Disputes? Decent Response Of Wto Adjudication To Indecent International Standard-Making, Kuei-Jung Ni

Kuei-Jung Ni

Most international health-related standards are voluntary per se. However, the incorporation of international standard-making into WTO agreements like the SPS Agreement has drastically changed the status and effectiveness of the standards. WTO members are urged to follow international standards, even when not required to comply fully with them. Indeed, such standards have attained great influence in the trade system. Yet evidence shows that the credibility of the allegedly scientific approach of these international standard-setting institutions, especially the Codex Alimentarius Commission (Codex) governing food safety standards, has been eroded and diluted by industrial and political influences. Its decision-making is no longer …

.The Success Of Economic And Financial Crimes Commission In Curbing Corruption And Misappropriation Of Government Funds In Nigeria Has Left A Void For An African Model., Femi Owolade

femi owolade

The issue of economic growth and development in Africa is as much revered as it is maligned and as such is never far away from the headlines. However, economic corruption remains undoubtedly at large. The Economic and Financial Crimes Commission (EFCC)-tasked with tackling corruption and fraud in Nigeria- has been effective in curbing this plight in the most populated country in the continent.Its success in doing so beg the question of why efforts have not been made by the International community to create an African model which will prosecute financial crimes from political and bureaucratic figures.

The U.S. Patent Office’S Proposed Fees Under The America Invents Act—Part I: The Scope Of The Office’S Fee-Setting Authority, Ron D. Katznelson

Ron D. Katznelson

This two-part article discusses the Patent and Trademark Office’s recent proposed rulemaking setting new patent user fees. In Part I the author argues that the PTO can raise fees in accordance with its aggregate costs but lacks authority to set national patent policies, or to skew certain fees to discourage or encourage a particular service. The author also asserts that the America Invents Act does not vest with the PTO discretion to set the level of its operating reserve – a determination reserved solely for congressional appropriations. In an upcoming Part II, the author will discuss specific fees and their …

Determining The Fair And Reasonable Value Of Medical Services: The Affordable Care Act, Government Insurers, Private Insurers And Uninsured Patients, George A. Nation Iii

George A Nation III

Hospitals' chargemaster prices are grossly inflated; no one should be required to pay them. Thia article offers a formula to determine the fair and reasonable value of medical services.

Standardized Terms And Conditions For Open Patenting, Mariateresa Maggiolino, Maria Lillà Montagnani

mariateresa maggiolino

Once given a legal characterization of the open patenting phenomenon and discussed many of the empirical and theoretical experiences dealing with both open innovation and defensive patenting, the paper suggests what standardized terms and conditions a patent license should encompass in order to foster both the free movement of patented knowledge and its business applications.

L. 92/12 E Bilateralità, Michele Faioli

Michele Faioli

No abstract provided.

The Success Of Economic And Financial Crimes Commission In Curbing Corruption And Misappropriation Of Government Funds In Nigeria Has Left A Void For An African Model., Femi Owolade

femi owolade

The issue of economic growth and development in Africa is as much revered as it is maligned and as such is never far away from the headlines. However, economic corruption remains undoubtedly at large. The Economic and Financial Crimes Commission (EFCC)-tasked with tackling corruption and fraud in Nigeria- has been effective in curbing this plight in the most populated country in the continent.Its success in doing so beg the question of why efforts have not been made by the International community to create an African model which will prosecute financial crimes from political and bureaucratic figures.

Affordable Care Act Changes In The Medicare Program: More Of The Same But Better, Eleaonr D. Kinney

Eleaonr D. Kinney

The Patient Protection and Affordable Care Act (“ACA”), as amended by the Health Care and Education Reconciliation Act of 2010, has made many changes in the Medicare program as part of comprehensive health reform for the US health care sector. This article reviews the changes that ACA is making and will make in the Medicare program in the years to come. Described in detail are the changes to improve the quality and efficiency of Medicare services as well as to improve program integrity and transparency. The article evaluates the past and current efforts of the Medicare program to reduce Medicare …

Prison Visitation Policies: A Fifty State Survey, Chesa Boudin

Chesa Boudin

This paper presents a summary of the findings from the first fifty-state survey of prison visitation policies. Our research explores the contours of how prison administrators exercise their discretion to prescribe when and how prisoners may have contact with friends and family. Visitation policies impact recidivism, inmates’ and their families’ quality of life, public safety, and prison security, transparency and accountability. Yet many policies are inaccessible to visitors and researchers. Given the wide-ranging effects of visitation, it is important to understand the landscape of visitation policies and then, where possible, identify best practices and uncover policies that may be counterproductive …

Occupation Law During And After Iraq: The Expedience Of Conservationism Evidenced In The Minutes And Resolutions Of The Iraqi Governing Council, Jordan E. Toone

Jordan E. Toone

The legality of the 2003 invasion of Iraq has received extensive scholarly attention. The legality of America’s use of force and administrative authority during the occupation of Iraq, on the other hand, has received far less critical interest. Specifically, scholars have paid relatively limited attention to the manner and degree to which the U.S. adhered to its responsibilities under the international law of occupation. These scholars have either (1) confined their analyses merely to the relevance of traditional occupation law to contemporary occupations, thereby truncating serious investigation into the legal questions surrounding the occupation of Iraq, or (2) relied solely …

Jurisprudential Analysis Of The African Court On Human And Peoples Rights: From 2004 To 2010, Lucky Michael Mgimba Mr., Stephen J. Waters Mr.

Lucky Michael Mgimba

The paper is divided into four sections: (1) the paper begins with this introduction, consisting of a synopsis of the history and structure of the African human rights system; (2) section two of the paper analyses the establishment of the African Court on Human and Peoples Rights, and other substantial matters regarding the court; (3) the third section provides a critical analysis of the jurisprudential developments from 2004 to 2010, guided by a case study on the Michelot Yogombaye case; (4) the fourth and final section of the paper concludes with a brief summary of the material covered and concluding …

A Teoria Do Contrato No Paradigma Constitucional, Lucas Abreu Barroso

Lucas Abreu Barroso

The transition from the rule of law to the constitutional state resulted in the neoconstitutionalist model guided by the protection of fundamental rights. Indeed, civil law and its traditional institutions were conditioned by the public penetration in the private relations. The constitutionalization of civil law presupposes the existential dimension as the core of civil law, which is now concerned with the values emanated from the being in the political community. Therefore, it is necessary to have a reformulation of the concept of subject of rights in the way of a substantive equality as a legitimizing reason of civil law. The …

- Los Animales Desde Una Perspectiva Del Derecho ¿Son Realmente Objetos De Derecho O Requieren De Una Nueva Categorización?., Beatriz A. Franciskovic Ingunza

Beatriz A. Franciskovic Ingunza

No abstract provided.

Social Responsibility In Corporate Investment, Patrick M. Talbot

Patrick M Talbot

ABSTRACT

(Social Responsibility in Corporate Investment)

In our increasingly globalized economy, many transnational and multinational enterprises have sought to take advantage of investment opportunities in foreign nations, often in less developed countries. This can be a good opportunity for both the foreign investor and the host country, if properly managed and directed. In the last several decades, however, corporate investors have fallen under intense scrutiny for social problems they have caused or been directly or indirectly involved in. These have involved reports of abuse of labor, mistreatment of local inhabitants, misappropriation of land and resources, and crimes. Corporate involvement in …

Law Libraries Linking Data To Mobile Devices: Save Patrons’ Time And Stay Hip, Anna Russell, Carli Spina

AALL/LexisNexis Call for Papers

No abstract provided.

15 De La Ley General De Sociedades, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Fair Trial Guarantees Before The Court Of Arbitration For Sport, Jernej Letnar Cernic

Jernej Letnar Černič

The right to a fair trial is one of the backbones of the rule of law and a conditio sine qua non for the protection of human rights and fundamental freedoms. This article examines whether fair trial guarantees also exist before the Court of Arbitration for Sport. It attempts to identify whether the Court of Arbitration for Sport follows the fair trial guarantees developed in the jurisprudence of the European Court of Human Rights. This article thereafter tries to draw out an understanding of fair trial guarantees in sports arbitration.

The Romantic Corporation: Trademark, Trust, And Tyranny, Malla Pollack

Malla Pollack

Humans in the United States, and many other market-centric nations, live in a world extensively populated by friendly, helpful, honest, charitable, patriotic beings worthy of our respect and support – none of whom exist. Yet these fellow-beings speak to us humans so often that they must be part of our ingrained perception of the world. Who are they? They are the marketing personas created by totally self-interested businesses. They harm humans not only by misdirection in specific instances, but by providing cover for our government’s improper prioritization of corporate interests over human interests. This systemic distortion of public perception is …

Constraints In Adoption Of Moongbean Production Technology In Sundarban, West Bengal, Ganesh Chandra

Ganesh Chandra

The new agricultural technologies are considered to be the prime mover to the process of agricultural development in India. Understanding farmers’ perceptions of a given technology is crucial in the generation and diffusion of new technologies and farm household information dissemination. Pulses in India have long been considered as the poor man’s only source of protein. Moongbean (green gram) is one of the important pulse crop in India, plays a major role in augmenting the income of small and marginal farmers of Sundarban. Constraints are the circumstances or causes, which prohibit farmer to adopt improved farm technology. This constraint study …

Asymmetries And Incentives In Plea Bargaining And Evidence Production, Saul Levmore, Ariel Porat

Ariel Porat

Legal rules severely restrict payments to fact witnesses, though the government can often offer plea bargains or other nonmonetary inducements to encourage testimony. This asymmetry is something of a puzzle, for most asymmetries in criminal law favor the defendant. The asymmetry seems to disappear where physical evidence is at issue. One goal of this Essay is to understand the distinctions, or asymmetries, between monetary and nonmonetary payments, testimonial and physical evidence, and payments by the prosecution as opposed to the defense. Another is to suggest ways in which law could better encourage the production of evidence, and thus the efficient …

Is Aid Conditionality The Answer To Antigay Legislation? An Analysis Of British And American Foreign Aid Policies Designed To Protect Sexual Minorities, Adam Kretz

Adam Kretz

This Article examines several emerging questions in international law. First, is aid conditionality that takes into account the treatment of LGBT people an effective mechanism to foment changes to antigay laws in other nations? If so, have the policies to do so announced by the British and American governments the appropriate way to institute these policies? After examining both aid policies and the attendant negative reactions to those policies by foreign governments, I conclude that the policies, while well intentioned, are not constructed in a manner that would encourage the bootstrapping-up of rights for LGBT people in countries threatened with …