Law Commons^™

Congress Misses Twice With The Community Character Act: Will Three Times Be A Charm?, Patricia E. Salkin

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No abstract provided.

The Rehnquist Court, Structural Due Process, And Semisubstantive Constitutional Review, Dan T. Coenen

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Semisubstantive review, as I use that label, entails four key features. First, the subject matter of judicial inquiry is not the process applied in adjudicating a discrete dispute; rather, the matter at hand is the constitutionality of a statute or other generalized expression of legal policy. Second, some procedural omission by the lawmaker -- rather than an incurably substantive flaw in the end product of its work -- lays the groundwork for a judicial intervention that invalidates the challenged rule or negates how that rule otherwise would operate. It may be, for example, that a federal statute read as a …

Modernizing The Law Of Secured Transactions: Nonuniform Provisions Of Georgia's Revised Article 9, James C. Smith

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Article 9 of the Uniform Commercial Code governs secured transactions in personal property and fixtures. In 1990, the sponsors of the U.C.C. launched a major revision project, which culminated in Revised Article 9. Judged by the marketplace of state legislatures, the project turned out to be a remarkable success story of law reform. Between 1998 and 2001, all fifty states plus the District of Columbia enacted Revised Article 9. In Georgia, the revision process began in 1999 with the State Bar of Georgia's appointment of the Revised Article 9 Subcommittee of the Business Law Section. The seventeen-member committee, composed of …

Takings In The 21st Century: Reasonable Investment-Backed Expectations After Palazzolo And Tahoe-Sierra, Gregory M. Stein

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No abstract provided.

The Invisibility Of Gender In War, Valorie K. Vojdik

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No abstract provided.

An Historical Perspective On Judicial Selection Methods In Virginia And West Virginia, Alex B. Long

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This Article explores the history of judicial selection methods in Virginia and West Virginia - two states, once joined, with distinct cultures and very different judicial selection methods. In an attempt to explain how the two states ended up with such different systems, the Article focuses on the constitutional conventions in those states between 1829 and 1902 and the debates that took place on the subject of popular election of judges versus an appointive system.

Further Misinterpretation Of Bankruptcy Code Secion 363(F): Elevating In Rem Interests And Promoting The Use Of Property Law To Bankruptcy-Proof Real Estate Developments, George Kuney

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No abstract provided.

U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin

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No abstract provided.

Can There Be Peace In The Holy Land?, Lawrence Raful

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No abstract provided.

Secured Credit And Insolvency Law In Argentina And The U.S.: Gaining Insight From A Comparative Perspective, Guillermo A. Moglia Claps, Julian B. Mcdonnell

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It is not the purpose of this study to argue for or against changes in the secured credit or insolvency law of Argentina or the U.S. The perpetual clash of interested noted by James Madison and the contemporary pressures of the global economy are likely to assure that these areas of law will be subject to continuing scrutiny in both countries. Instead, we first urge that the law governing the creation and enforcement of security devices and the way in which insolvency laws impact these devices be considered together as part of one system of financing. The power which secured …

Misinterpreting Bankruptcy Code Section 363(F) And Undermining The Chapter 11 Process, George Kuney

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No abstract provided.

The Next Generation Of Planning & Zoning Enabling Acts Is On The Horizon: 2002 Growing Smart Legislative Guidebook Is A Must-Read For Land Use Practitioners, Patricia E. Salkin

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No abstract provided.

On The Importance Of Institutions: Review Of Arbitral Awards For Legal Errors, Peter B. Rutledge

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In my view, legislatures, rather than courts or parties, should decide whether (and to what extent) courts should review arbitral awards for errors of law. The optimal legislative mechanism should not be compulsory but should offer parties the choice whether to "opt-in" to this regime of expanded review by inserting language to that effect in their arbitration agreement. A legislative solution with an "opt-in" feature has a sounder doctrinal foundation, better respects the distribution of power between various branches of government, involves a lower risk of error and minimizes transaction costs. From this position, two additional conclusions follow: first, courts …

Congressional Power Over Presidential Elections: Lessons From The Past And Reforms For The Future, Dan T. Coenen, Edward J. Larson

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Presidential election controversies are nothing new. They have plagued our republic since 1801, when the fourth election for the office ended in a muddle that nearly deprived the rightful winner of the presidency. Each controversy has led to calls for reform. In every instance, the cryptic and troublesome constitutional text has hampered congressional efforts to correct the problems. Simply stated, the Constitution offers little explicit guidance on when and how Congress can regulate the selection of the President. In this Article, we explore the implications of this textual deficiency, looking both at what Congress has done in the past and …

Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny White

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No abstract provided.

Federal Guilty Pleas Under Rule 11: The Unfilled Promise Of The Post-Boykin Era, Julian A. Cook

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Rule 11 of the Federal Rules of Criminal Procedure governs perhaps the most essential and common practice in the federal criminal justice system--the guilty plea. Despite the public's focus on the excitement and drama engendered by real and fictional criminal trials, the overwhelming majority of criminal matters reach a negotiated resolution. Indeed, the importance of the guilty plea to the judiciary, prosecutors, and even defense attorneys cannot be overstated. Without guilty pleas, the criminal justice system would malfunction; the system is simply incapable of accommodating the constitutional exercise of a defendant's trial right in each instance.

The federal plea process …

Bankruptcy Professionals, Debtor Dominance, And The Future Of Bankruptcy: A Review And A Rhapsody On A Theme, Thomas E. Plank

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No abstract provided.

Gender Outlaws: Challenging Masculinity In Traditionally Male Institutions, Valorie K. Vojdik

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No abstract provided.

S Corporation Loss Limitations: The Tax Court Provides Potential Hope For Related Party Debt Restructurings, Francine J. Lipman

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No abstract provided.

Incentive Stock Options And The Alternative Minimum Tax: The Worst Of Times, Francine J. Lipman

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Congress enacted the Alternative Minimum Tax ("AMT") to stop high-income individuals from escaping their tax liabilities through tax code loopholes. In recent years, increasing numbers of moderate-income taxpayers have been subject to astronomical AMT liabilities. The problem has been especially acute for technology sector employees who exercised stock options while the market was high, sold their stock after its value fell, and found themselves owing AMT they could not afford to pay. In this Essay, Professor Lipman explains the Internal Revenue Code's complicated treatment of Incentive Stock Options ("ISOs"). She argues that the AMT adjustment for ISOs should not be …

Never-Ending Limitations On S Corporation Losses: The Slippery Slope Of S Corporation Debt Guarantees, Francine J. Lipman

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Francine Lipman explains S corporation loss limitations in the area of shareholder guarantees, focusing on the recent tax court and seventh circuit decisions in T.F. Grojean and concludes with a summary of the lessons s corporation shareholders can learn from the Grojeans' missteps.

The Terrors Of Dealing With September 11th, Christopher L. Blakesley

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No abstract provided.

Multidisciplinary Practice After In Re Enron: Should The Debate On Mdp Change At All?, Nancy B. Rapoport

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No abstract provided.

New Laws, New Technology: Copyright Law Struggles With Change, Mary Lafrance

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This article examines the development of copyright law in 2000 and 2001.

Recent Developments In Copyright Law: Technology And International Trade Play Starring Roles, Mary Lafrance

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The once staid field of copyright law has undergone a dramatic revolution in recent years, as new technologies and international trade pressures have spurred legislative change, while challenging the federal courts to find answers to those questions that Congress has not resolved or, in some cases, to questions that recent acts of Congress have created. This article explores recent developments in copyright law in 2002.

“Latina/Oization” Of The Midwest: Cambio De Colores (Changes Of Colors) As Agromaquilas Expand Into The Heartland, Sylvia R. Lazos

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This article focuses on important developments in Latina/o experience in the United States. Latinas/os are now the majority minority group in the United States. Increasingly, Latinas/os are rural dwellers, living in areas without a historical Latina/o presence. Latinas/os are no longer concentrated into the land geography that was Mexico prior to the Treaty of Guadalupe Hidalgo. Rather, the most recent wave of Latina/o immigration has dispersed settlement throughout the United States. This article discusses these changes in Midwest rural communities, and describes this new pattern of Latina/o immigration to the United States. The article then focuses on the cultural, socio-economic, …

Building A Tower Of Babel Or Building A Discipline? Talking About Legal Writing, Terrill Pollman

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High-quality writing is one of the crafts most necessary to a successful career in law. Mature legal professionals, lawyers, judges, and law professors write every day. Often, they write cooperatively--editing and redrafting a shared document. Nevertheless, those trained in the law may lack a common language that enables them to talk with each other about writing. Like the workers building the tower in the biblical story of Babel, legal professionals sometimes find themselves unable to communicate about their work.

Unlike most subjects in the legal academy, legal writing has emerged as an area of serious study in law schools only …

Civil Liability And Remedies In Ohio Securities Transactions, Keith A. Rowley

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The Ohio Securities Act (“OSA”) was enacted in 1913 to “guard [ ] investors against fraudulent enterprises, to prevent sales of securities based only on schemes purely speculative in character, and to protect the public from swindling peddlers of worthless stocks in mere paper corporations.” The OSA, which is administered by the Ohio Division of Securities (“Division”) and enforced by both the Division and private litigants, regulates the sale and purchase of securities in Ohio. The OSA and the rules and regulations promulgated pursuant to it by the Division are designed both to encourage compliance by those who might otherwise …

Uncharted Terrain: The Intersection Of Privatization And Welfare, Rebecca L. Scharf, Henry Freedman, Mary R. Mannix, Marc Cohan

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Welfare, a mainstay of legal services practice, is cutting edge again. Clients need help negotiating a system that devolution, discretion, and privatization have changed radically. Public officials need help in this new environment to "get it right," so that programs achieve the laudable goals ascribed to them.

Privatization creates special challenges for welfare advocates. New players, ranging from neighborhood nonprofit organizations to churches to multinational corporations, are making decisions that affect clients' vital interests. New legal issues, ranging from state action to public contracting compliance, can arise. Accountability and transparency, difficult to achieve in the governance of traditional welfare programs, …

“Owing To The Extreme Youth Of The Accused”: The Changing Legal Response To Juvenile Homicide, David S. Tanenhaus, Steven A. Drizin

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In this essay, the authors seek to dispel the myth that the juvenile court was never intended to deal with serious and violent offenders; a myth that has largely been unchallenged, especially in the mainstream media, and one that critics of the juvenile court have used to undermine its legitimacy. The discovery of homicide data from the Chicago police department from the early twentieth century, the era in which modern juvenile justice came of age, provides us with new historical date with which to put this dangerous myth to rest, by showing that the nation’s model juvenile court—the Cook County …