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Articles 1 - 30 of 35
Full-Text Articles in Law
Mugged Twice?: Payment Of Ransom On The High Seas, Lawrence Rutkowski, Bruce G. Paulsen, Jonathan D. Stoian
Mugged Twice?: Payment Of Ransom On The High Seas, Lawrence Rutkowski, Bruce G. Paulsen, Jonathan D. Stoian
American University Law Review
No abstract provided.
Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp
Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp
American University Law Review
This paper, a contribution to the "Troubled Waters: Combating Modern Piracy with the Rule of Law" symposium, explores the question of who pays for rescue efforts associated with maritime piracy. The paper explores the availability of admiralty law's salvage awards to governmental and non-governmental actors who intervene to rescue vessels and crew from pirates. Such awards provide an unusual incentive to rescue, traditionally unavailable for land-based rescue, but may raise complicated questions of policy and international law. The paper concludes by comparing salvage awards to a recent trend in American states to adopt "Search and Rescue" expense statutes allowing governments …
Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin
Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin
American University Law Review
This Article addresses the following question: when should contract law permit parties to discontinue performance under a private security contract aimed to combat piracy? Piracy has been 'on the rise' off Somalia and in East Asia, with serious attacks escalating. Some shipping companies have responded by drafting 'best management practices', hiring security companies to advise on countering the threat and hiring armed or unarmed security protection. After presenting representative factual situations involving pirate attacks, the Article describes the traditional approach to defining the obligations of parties and the performance issues that arise during contractual performance. This approach takes into account …
How Piracy Has Shaped The Relationship Between American Law And International Law, Joel H. Samuels
How Piracy Has Shaped The Relationship Between American Law And International Law, Joel H. Samuels
American University Law Review
No abstract provided.
Rationality, Pirates, And The Law: A Retrospective, Peter T. Leeson
Rationality, Pirates, And The Law: A Retrospective, Peter T. Leeson
American University Law Review
In the late 1720s Caribbean piracy was brought to a screeching halt. An enhanced British naval presence was partly responsible for this. But most important in bringing pirates to their end was a series of early 18th-century legal changes that made it possible to effectively prosecute them. This short paper’s purpose is to recount those legal changes and document their effectiveness. Its other purpose is to analyze pirates’ response to the legal changes designed to exterminate them, which succeeded, at least partly, in frustrating the government’s goal. By providing a retrospective look at anti-piracy law and pirates’ reactions to that …
Foreword, José Luis Jesus
Always At The Margin: Inequitable Conduct In Flux, Randall R. Radler
Always At The Margin: Inequitable Conduct In Flux, Randall R. Radler
American University Law Review
No abstract provided.
2009 Government Contract Law Decisions Of The Federal Circuit, Daniel P. Graham, Jon Burd, Tracye Winfrey Howard, Brian Walsh, W. Barron A. Avery
2009 Government Contract Law Decisions Of The Federal Circuit, Daniel P. Graham, Jon Burd, Tracye Winfrey Howard, Brian Walsh, W. Barron A. Avery
American University Law Review
No abstract provided.
2009 Patent Law Decisions Of The Federal Circuit, Donald R. Dunner, Bryan C. Diner, Esther H. Lim, Troy E. Grabow, Tina E. Hulse, Joyce Craig
2009 Patent Law Decisions Of The Federal Circuit, Donald R. Dunner, Bryan C. Diner, Esther H. Lim, Troy E. Grabow, Tina E. Hulse, Joyce Craig
American University Law Review
No abstract provided.
2009 Trademark Law Decisions Of The Federal Circuit, Rebeccah Gan
2009 Trademark Law Decisions Of The Federal Circuit, Rebeccah Gan
American University Law Review
No abstract provided.
Past, Present, And Future In The Life Of The U.S. Court Of Appeals For The Federal Circuit, Paul R. Michel
Past, Present, And Future In The Life Of The U.S. Court Of Appeals For The Federal Circuit, Paul R. Michel
American University Law Review
No abstract provided.
2009 International Trade Law Decisions Of The Federal Circuit, Patrick A. Fitch
2009 International Trade Law Decisions Of The Federal Circuit, Patrick A. Fitch
American University Law Review
No abstract provided.
Judicial Erasure Of Mixed-Race Discrimination, Nancy Leong
Judicial Erasure Of Mixed-Race Discrimination, Nancy Leong
American University Law Review
Jurisprudential remedies for racial discrimination presume the existence of clear categories. Indeed, Carolene Products’ classic allusion to “discrete and insular minorities” evokes racial groups that are readily identified and defined. Yet this reliance on categories renders antidiscrimination jurisprudence inhospitable to claims brought by individuals identified as multiracial and discriminated against on that basis. By addressing racial discrimination exclusively through categories, courts have lost sight of the fact that the purpose of antidiscrimination law is not to protect individuals from discrimination based on membership in recognized categories, but rather to protect individuals from the harms inflicted by racism.
This Article explores …
The Case Against "Bad Faith" Dismissals Of Bankruptcy Petitions Under 11 U.S.C. § 707(A), Pamela C. Tsang
The Case Against "Bad Faith" Dismissals Of Bankruptcy Petitions Under 11 U.S.C. § 707(A), Pamela C. Tsang
American University Law Review
No abstract provided.
The Post-Medellín Case For Legislative Standing, James A. Turner
The Post-Medellín Case For Legislative Standing, James A. Turner
American University Law Review
No abstract provided.
The Tao Of Pleading: Do Twombly And Iqbal Matter Empirically?, Patricia W. Hatamyar
The Tao Of Pleading: Do Twombly And Iqbal Matter Empirically?, Patricia W. Hatamyar
American University Law Review
This article is an empirical study of the effect of Bell Atlantic Corp. vs. Twombly, 550 U.S. 544 (2007), and Ashcroft vs. Iqbal, 129 S. Ct. 1937 (2009), two recent Supreme Court cases that portend the decline of “notice pleading” in federal civil practice. The article analyzes how Twombly and Iqbal have begun to dismantle the regime of notice pleading by not only discarding the “no set of facts” standard of Conley vs. Gibson, 355 U.S. 41 (1957), but by changing or ignoring other principles that federal courts have followed for decades on 12(b)(6) motions. The statistical study then examines …
The Supreme Court's Increased Attention To The Law Of Lawyering: Mere Coincidence Or Something More? , Renee Newman Knake
The Supreme Court's Increased Attention To The Law Of Lawyering: Mere Coincidence Or Something More? , Renee Newman Knake
American University Law Review
The United States Supreme Court considered seventeen cases raising issues related to the role of attorneys and the practice of law during the 2009 Term. This body of cases represents a substantial departure from dockets in recent history, where typically the Court took up less than a handful of cases involving regulation of the legal profession. While some might consider the increased number of cases addressing the law of lawyering a mere coincidence, this article contends that something more is occurring. The Court’s decision to devote so much of its limited time to these matters is noteworthy not only for …
The Curious Case Of Directors' And Officers' Liability For Supervision And Management: Exploring The Intersection Of Corporate And Tort Law, Martin Petrin
American University Law Review
No abstract provided.
Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled , Ross M. Oklewicz
American University Law Review
No abstract provided.
No Shortcuts On Human Rights: Bail And The International Criminal Trial, Caroline L. Davidson
No Shortcuts On Human Rights: Bail And The International Criminal Trial, Caroline L. Davidson
American University Law Review
No abstract provided.
Six Decrees Of Separation: Settlement Agreements And Consent Orders In Federal Civil Litigation, Anthony Disarro
Six Decrees Of Separation: Settlement Agreements And Consent Orders In Federal Civil Litigation, Anthony Disarro
American University Law Review
No abstract provided.
The Citizenship Clause: A "Legislative History", Garrett Epps
The Citizenship Clause: A "Legislative History", Garrett Epps
American University Law Review
No abstract provided.
In Defense Of Feres: An Unfairly Maligned Opinion, Paul F. Figley
In Defense Of Feres: An Unfairly Maligned Opinion, Paul F. Figley
American University Law Review
The Supreme Court’s 1950 Feres v. United States decision held that when it enacted the Federal Tort Claims Act Congress did not intend to waive sovereign immunity for injuries to members of the military arising out of activity incident to their service. The Court’s decision was influenced by the long history of efforts to enact a general tort claims bill that would free Congress from the burden of processing claims against the government, as well as the case law, statutes, and procedures pertaining to service-members’ injuries prior to enactment of the Federal Tort Claims Act. This Article examines those influences …
Americanization Of Discovery: Why Statutory Interpretation Bars 28 U.S.C. § 1782(A)'S Application In Private International Arbitration Proceedings, Jenna M. Godfrey
Americanization Of Discovery: Why Statutory Interpretation Bars 28 U.S.C. § 1782(A)'S Application In Private International Arbitration Proceedings, Jenna M. Godfrey
American University Law Review
No abstract provided.
No Habeas For You! Al Maqaleh V. Gates, The Bagram Detainees, And The Global Insurgency, Michael J. Buxton
No Habeas For You! Al Maqaleh V. Gates, The Bagram Detainees, And The Global Insurgency, Michael J. Buxton
American University Law Review
No abstract provided.
Redistricting And Discriminatory Purpose , Michael J. Pitts
Redistricting And Discriminatory Purpose , Michael J. Pitts
American University Law Review
State and local governments covered by the preclearance provision in Section 5 of the Voting Rights Act will soon be submitting their redistricting plans to the federal government (most often the United States Attorney General) for approval. The Attorney General can deny preclearance to a redistricting plan by finding that the plan violates Section 5’s discriminatory purpose standard. Currently, no detailed framework has been developed for determining when a redistricting plan fails to satisfy the discriminatory purpose standard. This Article fills that void by proposing such a framework - one built from judicial opinions, statutory language, legislative history, executive branch …
When Leviathan Speaks: Reining In The Government-Speech Doctrine Through A New And Restrictive Approach, Carl G. Denigris
When Leviathan Speaks: Reining In The Government-Speech Doctrine Through A New And Restrictive Approach, Carl G. Denigris
American University Law Review
No abstract provided.
Tort Law Is State Law: Why Courts Should Distinguish State And Federal Law In Negligence-Per-Se Law, Barbara Kritchevsky
Tort Law Is State Law: Why Courts Should Distinguish State And Federal Law In Negligence-Per-Se Law, Barbara Kritchevsky
American University Law Review
No abstract provided.
A Hedgehog On The Witness Stand-What's The Big Idea?: The Challenges Of Using Daubert To Assess Social Science And Nonscientific Testimony, Maxine D. Goodman
A Hedgehog On The Witness Stand-What's The Big Idea?: The Challenges Of Using Daubert To Assess Social Science And Nonscientific Testimony, Maxine D. Goodman
American University Law Review
No abstract provided.
Ten Federal Circuit Cases From 2009 That Veterans Benefits Attorneys Should Know, Miguel F. Eaton, Sumon Dantiki, Paul P. Gugliuzza
Ten Federal Circuit Cases From 2009 That Veterans Benefits Attorneys Should Know, Miguel F. Eaton, Sumon Dantiki, Paul P. Gugliuzza
American University Law Review
No abstract provided.