Law Commons^™

International Courts And Tribunals, Nancy Amoury Combs, Daryl A. Mundis, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline A. Weisman

Faculty Publications

This article reviews and summarizes significant developments in 2002 involving international courts and tribunals, particularly events relating to the International Court of Justice, the United Nations Compensation Commission, the Iran-U.S. Claims Tribunal, the Claims Resolution Tribunal, and the International Commission on Holocaust Era Insurance Claims. Significant developments relating to the International Criminal Court, the International Criminal Tribunals for the former Yugoslavia and for Rwanda, proposed additional ad hoc international criminal tribunals, the International Tribunal for the Law of the Sea, the World Trade Organization dispute settlement system, and other trade dispute settlement systems are detailed in other articles in this …

The Rhetorical Uses Of Marbury V. Madison: The Emergence Of A "Great Case", Davison M. Douglas

Faculty Publications

Marbury v. Madison is today indisputably one of the "great cases" of American constitutional law because of its association with the principle of judicial review. But for much of its history, Marbury has not been regarded as a seminal decision. Between 1803 and 1887, the Supreme Court never once cited Marbury for the principle of judicial review, and nineteenth century constitutional law treatises were far more likely to cite Marbury for the decision's discussion of writs of mandamus or the Supreme Court's original jurisdiction than for its discussion of judicial review. During the late nineteenth century, however, the exercise of …

Evaluation Of The Centers For Complex Civil Litigation Pilot Program, Paula Hannaford-Agor, Nicole L. Mott, Timothy F. Fautsko

Faculty Publications

In January 2000, the Judicial Council responded to a recommendation of the Complex Litigation Task Force (task force) by establishing the Centers for Complex Litigation Pilot Program in the Superior Courts of Los Angeles, Orange, Contra Costa, Santa Clara, Alameda, and San Francisco counties. The task force recommendation was one of several proposed to improve judicial management of complex cases as a means to expedite case resolution, keeps costs reasonable, and promote effective decision making by the courts, parties and counsel. Participation in the Pilot Program required each site to commit to an individual calendar system dedicated exclusively to complex …

Review Of The Hanging Of Ephraim Wheeler : A Story Of Rape, Incest, And Justice In Early America, Michael F. Russo

Faculty Publications

No abstract provided.

Chevron Deference And Treaty Interpretation, Evan J. Criddle

Faculty Publications

No abstract provided.

Attitudes About Attitudes, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Llc Member And Limited Partner Breach Of Fiduciary Duty Claims: Direct Or Derivative Actions, James R. Burkhard

Faculty Publications

No abstract provided.

Editor's Observations: The Sarbanes-Oxley Act And What Came After, Frank O. Bowman Iii

Faculty Publications

On December 2, 2001, the Enron Corporation filed the largest bankruptcy petition in U.S. history. Losses to investors, creditors, employees, and pensioners were in the billions. Criminal investigations are ongoing. On May 1, 2003, the U.S. Sentencing Commission passed a set of amendments to the U.S. Sentencing Guidelines that will, among other things, prevent a federal district judge from awarding a sentence of straight probation to a defendant convicted at trial of an $11,000 mail fraud. This Issue of FSR tells the story of how the first of these apparently unrelated events led to the second. Put another way, this …

A Challenge To The Rationale For General Economic Crime Sentence Increases Following Sarbanes-Oxley, Frank O. Bowman Iii

Faculty Publications

I am writing in response to the Commission's request for comment published in the Federal Register on January 17, 2003. I will address the question of whether the base offense level and/or the loss table of U.S.S.G. § 2B1.1 should be further modified to provide across-the-board sentence increases for economic crime offenders at virtually all loss levels. In my view, no case for doing so has yet been made.

First Options, Consent To Arbitration, And The Demise Of Separability: Restoring Access To Justice For Contracts With Arbitration Provisions, Richard C. Reuben

Faculty Publications

This article describes the context and current state of the law in this area under the Federal Arbitration Act (FAA), urges the Court to continue its path toward actual consent to arbitration, and suggests an approach for finally reconciling the tension between Prima Paint and First Options. Part II describes the nature and historical context of the arbitrability problem. Part III focuses specifically on the doctrine of separability, which is the most critical (and most complex) of these exceptions. Part IV discusses the impact on separability of recent U.S. Supreme Court case law, especially the 1995 decision in First Options …

Congress And The Making Of The Second Rehnquist Court, Neal Devins

Faculty Publications

No abstract provided.

The Economic Ambiguity (And Possible Irrelevance) Of Tax Transition Rules, Eric D. Chason

Faculty Publications

No abstract provided.

Approving Employee Retention And Severance Programs Judicial Discretion Run Amuck, A. Mechele Dickerson

Faculty Publications

No abstract provided.

Behavioral Approach To Analyzing Corporate Failures, A. Mechele Dickerson

Faculty Publications

Recent corporate failures indicate that existing laws fail to give boards of directors adequate incentives to acknowledge that some financially troubled firms simply cannot be salvaged. Relying primarily on insights from law and behavioral science literature, this Article notes that directors have a natural tendency to underestimate risks and overestimate their ability to save an insolvent or near insolvent firm. This Article urges the imposition of a duty to file a timely bankruptcy petition because such a duty will encourage directors to consider the interests of all the firms' constituents, including workers, creditors, and the local community, when making decisions …

The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas

Faculty Publications

No abstract provided.

Remembering Andrew I. Batavia, Michael Ashley Stein

Faculty Publications

No abstract provided.

Symposium: Issues In Bioterrorism -Introduction, Jessica Wilen Berg

Faculty Publications

This issue of Health Matrix focuses on the legal issues involving bioterrorism.

Introduction: The Law, Technology & The Arts Symposium: Copyright In The Digital Age: Reflection On Tasini And Beyond, Craig Allen Nard

Faculty Publications

Introduction tp The Law, Technology & The Arts Symposium: Copyright in the Digital Age: Reflection on Tasini and Beyond, Cleveland, Ohio.

Regulating Clinical Research: Informed Consent, Privacy, And Irbs, Sharona Hoffman

Faculty Publications

During the past two decades, the United States has experienced dramatic developments in the area of biomedical research. Expanding budgets, augmented computer capabilities, and the Human Genome Project have all significantly enhanced research capabilities. Consequently, the number of research projects conducted in this country is ever growing, and the enrollment of an adequate number of human subjects is becoming an increasingly challenging task.

Clinical research involving human participants is governed by federal regulations that have been promulgated by the Department of Health and Human Services (DHHS) and the Food and Drug Administration (FDA). In light of the proliferation of medical …

Continuing Fictions Of Latin American Law, Jorge L. Esquirol

Faculty Publications

No abstract provided.

Cooperation And Accountability After The Feeney Amendment, Michael M. O'Hear

Faculty Publications

No abstract provided.

“This Germ Of Rottedness”: Federal Trials In The New Republic, 1789-1807, Daniel D. Blinka

Faculty Publications

No abstract provided.

An Assessment Of Medicaid Planning, Alison Barnes

Faculty Publications

No abstract provided.

Are Local Governmental Entities Subject To Qui Tam Actions Under The False Claims Act?, Jay E. Grenig

Faculty Publications

No abstract provided.

When Would It Violate Public Policy To Require A Party To Arbitrate A Rico Claim?, Jay E. Grenig

Faculty Publications

No abstract provided.

Does The Contract Disputes Act Apply To Contracts Between The National Park Service And Private Concessioners?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

Must The Independent Counsel's Office Disclose Photographs Of Vincent Foster's Body?, Jay E. Grenig

Faculty Publications

No abstract provided.

Should A Disability Benefits Claimant Be Allowed To Show That Her Previous Occupation Is Obsolete?, Jay E. Grenig

Faculty Publications

No abstract provided.

Does The Participation Of A Non-Article Iii Judge Render A Circuit Court Panel's Judgment Invalid?, Jay E. Grenig

Faculty Publications

No abstract provided.

The Liberty And Property Of Elders: Guardianship And Will Contests As The Same Claim, Alison Barnes

Faculty Publications

No abstract provided.