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Articles 1681 - 1710 of 6130

Full-Text Articles in Law

Facebook Firings And Twitter Terminations: The National Labor Relations Act As A Limit On Retaliatory Discharge, Bryan Russell Jul 2012

Facebook Firings And Twitter Terminations: The National Labor Relations Act As A Limit On Retaliatory Discharge, Bryan Russell

Washington Journal of Law, Technology & Arts

In every state except Montana, at-will employment is the default rule, leaving employers free to discharge employees for their use of social media. The National Labor Relations Act’s (NLRA) protection of collective action, however, is emerging as a substantial limitation to at-will terminations. In Hispanics United of Buffalo, the National Labor Relations Board concluded that Facebook posts critical of the non-profit employer were protected as collective action and that the employer’s retaliatory termination of five employees violated Section 8 of the NLRA. To be protected as collective action under the NLRA, an employee’s use of social media must be …

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Petition For A Writ Of Certiorari. Lawson V. Fmr Llc, 134 S. Ct. 1158 (2014) (No. 12-3), 2012 U.S. S. Ct. Briefs Lexis 2827, Eric Schnapper, Indira Talwani, Kevin G. Powers Jun 2012

Petition For A Writ Of Certiorari. Lawson V. Fmr Llc, 134 S. Ct. 1158 (2014) (No. 12-3), 2012 U.S. S. Ct. Briefs Lexis 2827, Eric Schnapper, Indira Talwani, Kevin G. Powers

Court Briefs

QUESTION PRESENTED Section 806 of the Sarbanes-Oxley Act, 18 U.S.C. § 1514A, forbids a publicly traded company, a mutual fund, or “any ... contractor [or] subcontractor ... of such company [to] ... discriminate against an employee in the terms and conditions of employment because of” certain protected activity. (Emphasis added). The First Circuit held that under section 1514A such contractors and subcontractors, if privately-held, may retaliate against their own employees, and are prohibited only from retaliating against employees of the public companies with which they work. The question presented is: Is an employee of a privately-held contractor or subcontractor of …

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Public Discourse, Expert Knowledge, And The Press, Joseph Blocher Jun 2012

Public Discourse, Expert Knowledge, And The Press, Joseph Blocher

Washington Law Review

This Essay identifies and elaborates two complications raised by Robert Post’s Democracy, Expertise, and Academic Freedom, and in doing so attempts to show how Post’s theory can account for constitutional protection of the press. The first complication is a potential circularity arising from the relationships between the concepts of democratic legitimation, public discourse, and protected social practices. Democratic legitimation predicates First Amendment coverage on participation in public discourse, whose boundaries are defined as those social practices necessary for the formation of public opinion. But close examination of the relationships between these three concepts raises the question of whether public …

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Looking Forward: The Columbia River Treaty, A. Paul Firuz Jun 2012

Looking Forward: The Columbia River Treaty, A. Paul Firuz

Washington Journal of Environmental Law & Policy

Since 1964, the Columbia River Treaty has shaped the joint use of the Columbia River by the United States and Canada. The Treaty will be impervious to change until 2024, but either party may give notice of an intent to alter it as soon as 2014. Since the Treaty’s ratification, changes in United States domestic law have reflected a shift in attitude toward the environment and the Columbia River. These changes have impacted the Columbia River’s governance on the United States side of the border and though domestic law has evolved in response to environmental concerns, the Treaty has remained …

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The Flood Control Regime Of The Columbia River Treaty: Before And After 2024, Nigel Bankes Jun 2012

The Flood Control Regime Of The Columbia River Treaty: Before And After 2024, Nigel Bankes

Washington Journal of Environmental Law & Policy

This article examines the flood control rules established by the Columbia River Treaty and Protocol between Canada and the United States before and after 2024. The flood control operations change automatically in 2024. Part I discusses the flooding risks posed by the Columbia and Kootenay Rivers. Part II offers an account of the general international law pertaining to flood protection and in particular the duties that one basin state may owe to another. This section draws on the work of the International Law Commission which informed the adoption of the United Nations Convention on the Non-Navigational Uses of International Watercourses. …

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Climate Change And The Columbia River Treaty, Rachael Paschal Osborn Jun 2012

Climate Change And The Columbia River Treaty, Rachael Paschal Osborn

Washington Journal of Environmental Law & Policy

The year 2014 is a key date for the potential re-negotiation of the Columbia River Treaty between the United States and Canada. The Treaty coordinates hydropower operations at 14 mainstem and multiple tributary dams, with the dual goals of maximizing flood control and electrical power generation. In 2024, either party may terminate, with ten years’ notice to the other. Regardless of termination, a key Treaty provision will change, requiring the United States to maximize use of its reservoirs before asking Canada to do the same, leading to deeper drawdowns in Grand Coulee’s Lake Roosevelt and other major reservoirs and potential …

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An Early Tragedy Of Comparative Constitutionalism: Frank Goodnow And The Chinese Republic, Jedidiah Kroncke Jun 2012

An Early Tragedy Of Comparative Constitutionalism: Frank Goodnow And The Chinese Republic, Jedidiah Kroncke

Washington International Law Journal

This article recovers a lost episode in the neglected early history of comparative constitutionalism in the United States. In 1913, pioneering comparative lawyer Frank Goodnow went to China to assist the new Chinese Republic in the writing of its first constitution. Goodnow’s mission reflected the growing interest of the United States in China’s legal development in this era, and his constitution-writing project won broad support from the U.S. legal profession. Goodnow’s tenure ultimately generated great controversy when he advised China’s leaders to adopt a constitutional monarchy rather than continue on as a republic. This article describes this controversy and how …

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Will China's 12th Five Year Plan Allow For Sufficient Nuclear Power To Support Its Booming Economy In The Next Twenty Years?, Patricia Blazey Jun 2012

Will China's 12th Five Year Plan Allow For Sufficient Nuclear Power To Support Its Booming Economy In The Next Twenty Years?, Patricia Blazey

Washington International Law Journal

A major part of China’s 12th Five Year Plan focuses on energy conservation and environmental protection. Its 12th Year Environmental Plan provides that China will increase its nuclear capacity by 30% from 2010 levels of 10.8 gigawatts to 43 gigawatts in 2014. Two questions arise from this plan. First, will enough energy be produced from other sources to supply the country’s energy needs or will there be the need for an expansion to its nuclear program? Second, are the locations of its nuclear power plants safe in light of the disaster at the Fukushima nuclear power plant in Japan following …

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Gender-Specific Prison Reform: Addressing Human Rights Violations Against Women In Russia's Prisons, Courtney M. Skiles Jun 2012

Gender-Specific Prison Reform: Addressing Human Rights Violations Against Women In Russia's Prisons, Courtney M. Skiles

Washington International Law Journal

Russia currently incarcerates women in conditions that amount to human rights violations. Women incarcerated in Russia’s prisons experience not only oppression and abuse common to all those incarcerated in Russia, but also gender-specific harms. While Russia has signed on to many pivotal human rights treaties, it also has a long history of mass incarceration of its people. Today, the prison conditions for women in Russia reveal a need for reform. Reformers are challenged by a powerful State that has not prioritized the type of reform necessary to eliminate further harms done to incarcerated women. To ensure the rights of women …

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Introduction: The Fukushima Dai-Ichi Nuclear Disaster And The Future Of Nuclear Energy Programs In Japan And East Asia, Hiroshi Fukurai Jun 2012

Introduction: The Fukushima Dai-Ichi Nuclear Disaster And The Future Of Nuclear Energy Programs In Japan And East Asia, Hiroshi Fukurai

Washington International Law Journal

On March 11, 2011, a massive 9.0 magnitude quake and powerful tsunami slammed the northeastern region of Japan. Huge seismic activities knocked out the power at the Fukushima Dai-ichi Nuclear Power Plant, and ensuing tidal waves disabled the backup generators for cooling systems to the active reactors. This triggered a series of hydrogen explosions and released dangerously high levels of radioactive particles into the atmosphere. The Japanese government declared a nuclear emergency, due to the worst nuclear crisis in Japanese history, and decided to evacuate 140,000 residents within twenty kilometers of the plant to various relocation centers

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From The Thief In The Night To The Guest Who Stayed Too Long: The Evolution Of Burglary In The Shadow Of The Common Law, Helen A. Anderson Jun 2012

From The Thief In The Night To The Guest Who Stayed Too Long: The Evolution Of Burglary In The Shadow Of The Common Law, Helen A. Anderson

Articles

Burglary began evolving from the common law crime almost as soon as Lord Coke defined it in 1641 as breaking and entering a dwelling of another in the night with the intent to commit a crime therein. But sometime between the Model Penal Code in 1962 and today, burglary lost its core actus reus, “entry.” In the majority of jurisdictions, burglary can now be accomplished by simply remaining in a building or vehicle with the intent to commit a crime. Not only does such an offense cover a wide range of situations, but it allows burglary to be attached to …

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The First Amendment's Epistemological Problem, Paul Horwitz Jun 2012

The First Amendment's Epistemological Problem, Paul Horwitz

Washington Law Review

In this Article, I treat the recent interest in these epistemological issues as an opportunity to explore an important aspect of Post’s project: the uneasy role of truth within First Amendment doctrine, and the relationship between courts and those institutions that we view generally as epistemically reliable sources of knowledge. My examination suggests that the First Amendment faces what I call an epistemological problem: specifically, the problem of figuring out just how knowledge fits within the First Amendment. The growing attention to the epistemology problem among leading First Amendment scholars is significant enough to warrant examination. Although I offer some …

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Democratic Competence, Constitutional Disorder, And The Freedom Of The Press, Stephen I. Vladeck Jun 2012

Democratic Competence, Constitutional Disorder, And The Freedom Of The Press, Stephen I. Vladeck

Washington Law Review

In Democracy, Expertise, and Academic Freedom: A First Amendment Jurisprudence for the Modern State, Robert Post offers a powerful argument for why the First Amendment should protect the manner in which professional disciplines produce expert speech. This symposium Essay responds to Post’s book by focusing on the potential interaction between Post’s theory of “democratic competence” and the freedom of the press. Using the WikiLeaks affair as a foil, this Essay concludes that a “democratic competence” approach might provide a more coherent theoretical underpinning for according constitutional protection to newsgathering (as distinct from publication), and might thereby help to answer …

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Understanding The First Amendment, Robert Post Jun 2012

Understanding The First Amendment, Robert Post

Washington Law Review

It is a rare privilege to be read and engaged by such thoughtful and insightful commentators as the Washington Law Review has assembled. It is exhilarating to participate in a conversation of this range and intensity. I am very grateful to the Washington Law Review, Ronald K.L. Collins and David Skover, and the University of Washington School of Law, for making this symposium possible.

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(When) Does A Contract Claim Trump A Takings Claim? Lessons From The Water Wars, David W. Spohr Jun 2012

(When) Does A Contract Claim Trump A Takings Claim? Lessons From The Water Wars, David W. Spohr

Washington Journal of Environmental Law & Policy

As in other river basins, the disparity in the Columbia is growing between ever-expanding water demands and ever-shrinking water availability. Looming near the forefront of decisions on how to manage such waters is the potential liability the government faces if it reduces water distributions to further environmental objectives. While recent cases raise fascinating takings and contract issues, the most interesting issue may be the intersection of the available remedies. Does the contractual relationship between an aggrieved water user and the government preclude a takings claim, even where the contract claim ultimately fails? On one end of the spectrum, courts have …

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The Guardians Of Knowledge In The Modern State: Post's Republic And The First Amendment, Ronald K.L. Collins, David M. Skover Jun 2012

The Guardians Of Knowledge In The Modern State: Post's Republic And The First Amendment, Ronald K.L. Collins, David M. Skover

Washington Law Review

No abstract provided.

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A View From The First Amendment Trenches: Washington State's New Protections For Public Discourse And Democracy, Bruce E.H. Johnson, Sarah K. Duran Jun 2012

A View From The First Amendment Trenches: Washington State's New Protections For Public Discourse And Democracy, Bruce E.H. Johnson, Sarah K. Duran

Washington Law Review

In his latest book, Democracy, Expertise, and Academic Freedom: A First Amendment Jurisprudence for the Modern State, Dean Robert Post promotes the concept of “democratic legitimation” as the cornerstone of democratic decision making. Dean Post defines “democratic legitimation” as “all efforts” to influence “public opinion.” As Post explains, “[d]emocracy requires that government action be tethered to public opinion” because “public opinion can direct government action in an endless variety of directions.” As a result, First Amendment coverage should extend to all communications that form public opinion, he contends. Those who object to speech aimed at influencing public opinion have …

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Defining "Breach Of The Peace" In Self-Help Repossessions, Ryan Mcrobert Jun 2012

Defining "Breach Of The Peace" In Self-Help Repossessions, Ryan Mcrobert

Washington Law Review

Since Roman times, creditors have invoked the limited extrajudicial remedy of self-help repossession. Pre-colonial English laws also allowed for a limited repossession remedy outside of the courts, provided the creditor accomplished the repossession without a “breach of the peace.” The Uniform Commercial Code (UCC) has allowed for the self-help remedy since the 1950s, making it available for any secured party in the event of contractual default so long as there was no breach of the peace. The drafters of the UCC, however, failed to define what constituted a “breach of the peace,” choosing to allow the courts to flesh out …

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Addressing The Costs And Comity Concerns Of International E-Discovery, John T. Yip Jun 2012

Addressing The Costs And Comity Concerns Of International E-Discovery, John T. Yip

Washington Law Review

The volume of electronically stored information (ESI) is expanding rapidly. Under the Federal Rules of Civil Procedure, litigants may request electronic discovery (ediscovery) of many different forms of ESI. In 1978, the U.S. Supreme Court held that the party responding to an e-discovery request presumptively pays all e-discovery costs, including the costs of preserving, producing, and reviewing the requested ESI. Therefore, the rapidly increasing volume of ESI has substantially increased the costs of e-discovery for producing parties. In the 2003 case, Zubulake v. UBS Warburg LLC, the U.S. District Court for the Southern District of New York established a …

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Alternative Dispute Resolution Design In Financial Markets—Some More Equal Than Others: Hong Kong's Proposed Financial Dispute Resolution Center In The Context Of The Experience In The United Kingdom, United States, Australia, And Singapore, Shahla F. Ali, Antonio Da Roza Jun 2012

Alternative Dispute Resolution Design In Financial Markets—Some More Equal Than Others: Hong Kong's Proposed Financial Dispute Resolution Center In The Context Of The Experience In The United Kingdom, United States, Australia, And Singapore, Shahla F. Ali, Antonio Da Roza

Washington International Law Journal

Systems of financial dispute resolution currently operate in most major financial centers throughout the world. As such systems expand and develop to address a growing number of finance-related disputes, they must inevitably address the question of their role and function in financial market regulation. Such questions are rooted in the larger socio-legal dispute processing debate examining how institutional dispute resolution mechanisms effectively regulate the repeat player knowledge/power gap through appropriate policies and procedures. Using the example of Hong Kong in comparison with financial dispute resolution models currently in existence in the United Kingdom, Australia, Singapore, and the United States, this …

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The First Amendment, The Courts, And "Picking Winners", Thomas L. Ambro, Paul J. Safier Jun 2012

The First Amendment, The Courts, And "Picking Winners", Thomas L. Ambro, Paul J. Safier

Washington Law Review

Dean Robert Post’s book—Democracy, Expertise, and Academic Freedom—reflects and requires serious thought about our First Amendment. This Essay addresses just two of the many interesting assertions Dean Post makes. The first is his claim that the advancement of knowledge in a democracy springs primarily from the knowledge that experts gather in discerning good from bad ideas, and that recognizing this value requires courts to develop criteria for determining which viewpoints are better in ongoing debates among experts. The second is Dean Post’s contention that the U.S. Constitution protects an individual right to academic freedom, which requires enforcing this …

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Selected Bibliography Of First Amendment Scholarship, Robert C. Post Jun 2012

Selected Bibliography Of First Amendment Scholarship, Robert C. Post

Washington Law Review

Consists of articles, books, and book chapers.

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Uwlaw, Spring 2012, Vol. 65 Jun 2012

Uwlaw, Spring 2012, Vol. 65

Alumni Magazines

No abstract provided.

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The Inheritance Of Inequality: Hukou<.I> And Related Barriers To Compulsory Education For China's Migrant Children, Jessica L. Montgomery Jun 2012

The Inheritance Of Inequality: Hukou<.I> And Related Barriers To Compulsory Education For China's Migrant Children, Jessica L. Montgomery

Washington International Law Journal

The hukou system in China uses residency permits to divide Chinese citizens into urban and rural dwellers. A person’s hukou status determines his or her access to state services. Under normal circumstances, a person with a rural hukou status is not eligible for state services in urban areas, and vice versa. Because hukou is primarily inherited from one’s parents at the time of birth, children born in urban areas to parents with rural hukou are similarly designated as rural hukou holders. As a result, children living in cities with rural hukou are ineligible for enrollment in urban public schools even …

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Corporate Liability, Government Liability, And The Fukushima Nuclear Disaster, Eri Osaka Jun 2012

Corporate Liability, Government Liability, And The Fukushima Nuclear Disaster, Eri Osaka

Washington International Law Journal

This article focuses on the liability issues arising from the Fukushima nuclear disaster. The radioactivity released from the Fukushima Dai-ichi Nuclear Power Plant inflicted catastrophic harm to people, industries, and the environment. Under Japanese law, a nuclear operator bears strict, channeling, and unlimited liability for nuclear damage unless the damage is caused by a grave natural disaster of an exceptional character. This article concludes the Great East Japan Earthquake and tsunami that triggered this nuclear accident do not fall within this exemption because neither of them were unforeseeable nor far beyond the design basis for the reactors at the plant. …

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Finding A Country To Call Home: A Framework For Evaluating Legislation To Reduce Statelessness In Southeast Asia, Alec Paxton Jun 2012

Finding A Country To Call Home: A Framework For Evaluating Legislation To Reduce Statelessness In Southeast Asia, Alec Paxton

Washington International Law Journal

Statelessness is a problem that affects 12 million people worldwide, with severe social, economic, and political consequences. This problem is particularly acute in Southeast Asia. Over the last sixty years, Southeast Asian states have attempted to reduce existing stateless populations through nationalization. These attempts have been met with varying degrees of success. The United Nations High Commission on Refugees and other non-governmental organizations have recently started to evaluate the outcome of these legislative attempts to reduce statelessness. These ad hoc evaluations provide valuable lessons for those who are drafting legislation to reduce existing stateless populations as well as legal scholars …

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Fostering The Business Of Innovation: The Untold Story Of Bowers V. Baystate Technologies, Robert W. Gomulkiewicz Apr 2012

Fostering The Business Of Innovation: The Untold Story Of Bowers V. Baystate Technologies, Robert W. Gomulkiewicz

Washington Journal of Law, Technology & Arts

Perhaps the law review literature does not need another article on the Federal Circuit’s Bowers v. Baystate Technologies case. That case has received more than its share of attention from commentators, all criticizing Judge Rader’s majority opinion and most extolling the virtues of Judge Dyk’s dissent. Despite the storm of scholarly criticism, however, courts have followed Judge Rader’s opinion. This Article tells the untold story of why courts have been wise to do so. The Article explains how commentators have argued that federal intellectual property law should have preempted Bowers’ claims for breach of a shrinkwrap license prohibition on reverse …

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Patent Law's Falstaff: Inequitable Conduct, The Federal Circuit, And Therasense, John M. Golden Apr 2012

Patent Law's Falstaff: Inequitable Conduct, The Federal Circuit, And Therasense, John M. Golden

Washington Journal of Law, Technology & Arts

For decades, the relationship between the U.S. Court of Appeals for the Federal Circuit and patent law’s doctrine of inequitable conduct has resembled that between Shakespeare’s Prince Hal and John Falstaff. The former recognizes the excess, the deservedly ill repute, even the at least occasional wickedness of the latter, but cannot tear away from his close companion. Likewise, for decades, Federal Circuit judges have criticized the excesses of the defense of inequitable conduct, which can render a patent unenforceable as a result of misrepresentation or nondisclosure to the U.S. Patent and Trademark Office. Nevertheless, U.S. patent law remains wedded to …

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Antiformalism At The Federal Circuit: The Jurisprudence Of Chief Judge Rader, Peter Lee Apr 2012

Antiformalism At The Federal Circuit: The Jurisprudence Of Chief Judge Rader, Peter Lee

Washington Journal of Law, Technology & Arts

Commentators have long noted that the Federal Circuit tends to produce formalistic patent doctrine that favors bright-line rules over extensive engagement with facts and context. This Article, however, argues that Chief Judge Rader’s approach to patent law diverges sharply from this methodological tendency. In particular, it explores Chief Judge Rader’s rejection of formalism by examining his contributions to three areas of patent doctrine: claim construction, patentable subject matter, and the written description requirement. Throughout his engagement with patent law, Chief Judge Rader exhibits a striking sensitivity to context, policy considerations, and exogenous sources of authority that distinguishes himself from his …

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Chief Judge Rader's Material Contribution To Geographic Indicator Analysis, Signe H. Naeve Apr 2012

Chief Judge Rader's Material Contribution To Geographic Indicator Analysis, Signe H. Naeve

Washington Journal of Law, Technology & Arts

Geographic indicators—trademarks that use a place name to indicate goods or services—are now theoretically easier to register, even if the good or service does not actually come from that place. This shift is a result of three cases, two authored by Chief Judge Randall R. Rader of the Federal Circuit Court of Appeals (California Innovations and Les Halles), and one where he served on the panel (Spirits International). These cases made it more difficult for a trademark examiner to reject an application for a primarily geographically deceptively misdescriptive mark by adding a materiality requirement. However, raising the bar was not …

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