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2006

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Articles 1501 - 1530 of 11384

Full-Text Articles in Law

International Law Happens: Executive Power, American Exceptionalism, And Bottom-Up Lawmaking, Janet K. Levit Sep 2006

International Law Happens: Executive Power, American Exceptionalism, And Bottom-Up Lawmaking, Janet K. Levit

ExpressO

This essay introduces “bottom-up transnational lawmaking” in the context of contemporary ideological and theoretical debates regarding the breadth and depth of executive power vis-à-vis international law. In an era of globalization, with a proliferation of transnational actors and regulatory instruments, the international lawmaking universe is disaggregating into multiple, sometimes overlapping, lawmaking communities. Neither the President nor others in the “political leadership” sits at the center of many of these communities. Thus, the nationalist critique of international law, rooted in an all-powerful executive who controls international law, creating it and using it instrumentally, in furtherance of the “national interest,” ignores a …

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Leaving The Thicket At Last, Luis Fuentes-Rohwer Sep 2006

Leaving The Thicket At Last, Luis Fuentes-Rohwer

ExpressO

No abstract provided.

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The Restitutionary Approach To Just Compensation, Tim Kowal Sep 2006

The Restitutionary Approach To Just Compensation, Tim Kowal

ExpressO

In the wake of the Court’s near-total refusal to impose a check on the legislature through the public use clause, this paper discusses whether any confidence in our property rights be restored through the just compensation clause in the form of restitutionary compensation, rather than the traditional, and myopic, “fair market value” standard. This paper discusses the historical presumption against restitution, elucidated through Bauman v. Ross over a century ago, is founded upon (1) the idea that the public should not be made to pay any more than necessary to effect a public project, and (2) the idea that the …

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Assessing The Collateral International Consequences Of The U.S.' Removal Policy, Tara Pinkham Sep 2006

Assessing The Collateral International Consequences Of The U.S.' Removal Policy, Tara Pinkham

Buffalo Human Rights Law Review

No abstract provided.

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Statement Of Principles On Self-Represented Litigants And Accused Persons, Canadian Judicial Council Sep 2006

Statement Of Principles On Self-Represented Litigants And Accused Persons, Canadian Judicial Council

Canadian Forum on Civil Justice

N/A

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“Beholder” Reflections—Part Iii, K.K. Duvivier Sep 2006

“Beholder” Reflections—Part Iii, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

This is the final column in a series addressing reader expectations for objective legal writing. In the January 2006 Scrivener, I posted three samples of objective legal writing and asked readers to give me feedback through an online survey about which they preferreda nd why. The May and July columns provided analysis of reader responses to introductory and rule explanation paragraphs. This column reports on reader reactions as to what many lawyers would argue is the most important part of a legal analysis: application of the legal rule to a client's facts.

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The Forum (Volume 36, Number 2), Valparaiso University School Of Law Sep 2006

The Forum (Volume 36, Number 2), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

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Book Review (Reviewing Petros C. Mavroidis & Alan O. Sykes, The Wto And International Trade Law: Dispute Settlement (2005)), Sungjoon Cho Sep 2006

Book Review (Reviewing Petros C. Mavroidis & Alan O. Sykes, The Wto And International Trade Law: Dispute Settlement (2005)), Sungjoon Cho

All Faculty Scholarship

Professors Petros Mavroidis and Alan Sykes have produced a dependable compendium on the WTO dispute settlement system. The book consists of six parts corresponding to six critical issues in the field; namely: (1) the function of the WTO dispute settlement system, (2) the standard of review, (3) remedies, (4) participation, (5) unilateral enforcement, and (6) governance. In each part, they carefully selected representative and informative articles which offer readers perspectives that are essential to comprehend this salient and discrete disciplinary area in the study of the WTO. Notwithstanding a few weaknesses, such as limited descriptions of the “dynamic” development of …

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The Seventh Circuit Turns A Blind Eye To The Playmate: The Application Of The Probate Exception After Marshall V. Marshall, Gillian Nagler Sep 2006

The Seventh Circuit Turns A Blind Eye To The Playmate: The Application Of The Probate Exception After Marshall V. Marshall, Gillian Nagler

Seventh Circuit Review

The probate exception to federal jurisdiction prohibits federal courts from hearing cases involving matters related to the probate of wills or administration of estates. Though it has traditionally been applied in the context of diversity, the courts are split on its applicability in federal question cases. The decision of the United States Supreme Court in Marshall v. Marshall clarifies the scope of the exception in the context of bankruptcy proceedings, but what about its application in other federal question cases? In Jones v. Brennan, which involved a claim under 42 U.S.C. § 1983 arising out probate proceedings, the Seventh …

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Table Of Contents, Seventh Circuit Review Sep 2006

Table Of Contents, Seventh Circuit Review

Seventh Circuit Review

No abstract provided.

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Post-Verdict Motion Practice After Fuesting V. Zimmer, Christopher Proesel Sep 2006

Post-Verdict Motion Practice After Fuesting V. Zimmer, Christopher Proesel

Seventh Circuit Review

After Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc., a court of appeals has no power to order either the entry of judgment for an appellant or a new trial based on the legal sufficiency of the evidence where that appellant failed to move for such an order pursuant to the Federal Rules of Civil Procedure after the civil jury returned a verdict for the appellee. According to the Seventh Circuit in Fuesting v. Zimmer, this rule does not affect its ability to order a new trial where it finds prejudicial error in the trial court’s erroneous admission of …

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The Monopoly Game: Has The Seventh Circuit Given Patent Holders A Get Out Of Jail Free Card?, Erin Conway Sep 2006

The Monopoly Game: Has The Seventh Circuit Given Patent Holders A Get Out Of Jail Free Card?, Erin Conway

Seventh Circuit Review

In a day when companies invest millions of dollars in research and development and the United States Patent and Trademark Office grants upwards of 140,000 utility patents per year, intellectual property rights are more powerful than ever before. Yet, protecting competition and consumer welfare through the antitrust laws is equally important to our country’s economy. Unfortunately, in Schor v. Abbott Laboratories, the Seventh Circuit let antitrust considerations fall by the wayside at the expense of upholding patent rights. In order for the antitrust and patent laws to achieve this mutual goal of protecting consumers by promoting competition, they must …

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Who’S The Boss? Seventh Circuit Limits Executive Branch, Roy Chamcharas Sep 2006

Who’S The Boss? Seventh Circuit Limits Executive Branch, Roy Chamcharas

Seventh Circuit Review

Taxpayer standing has generally been prohibited by a line of Supreme Court cases with one narrow exception – if it involves a congressional statute that violates the Establishment Clause. This Note examines whether the Seventh Circuit correctly interpreted Supreme Court precedent as permitting taxpayer standing when the executive branch allegedly violated the Establishment Clause with unearmarked funds appropriated from Congress. Furthermore, this Note examines whether the Seventh Circuit’s denial of rehearing en banc was proper even though the three judge panel expanded a long standing Supreme Court exception. Both the majority and dissenting opinions agreed that the controversy warranted Supreme …

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Got Rights? Not If You’Re A Sex Offender In The Seventh Circuit, Sheila T. Caplis Sep 2006

Got Rights? Not If You’Re A Sex Offender In The Seventh Circuit, Sheila T. Caplis

Seventh Circuit Review

Sex offender legislation has grown exponentially over the past decade and in conjunction the courts have demonstrated an unwillingness to find such legislation unconstitutional. Civil commitment, public registration, and residency restrictions have uniformly been upheld. However, how far can the courts continue this trend without stripping away the fundamental rights and interests of sex offenders. This issue is explored in light of a piece of legislation directed at banning a specific sex offender from the city parks.

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The Sobering Truth: The Seventh Circuit Categorizes Drunk Driving As A Violent Felony, Jennifer Chow Sep 2006

The Sobering Truth: The Seventh Circuit Categorizes Drunk Driving As A Violent Felony, Jennifer Chow

Seventh Circuit Review

The Armed Career Criminal Act ("ACCA") supplements states’ law enforcement efforts against chronic violent offenders by substantially raising the penalty for armed criminals with past “violent felony” convictions. The ACCA defines the term “violent felony” by giving several specific examples and then adding a catch-all clause. One question that has continued to face courts since the ACCA’s enactment is what constitutes a violent felony under the catch-all clause. The Seventh Circuit recently categorized the offense of drunk driving as a “violent felony” under the catch-all clause and qualified drunk driving as a predicate act subject to recidivist sentence enhancement under …

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Hooking The Crook: The Seventh Circuit Justifies The Suspicionless Search Of A Probationer, Meira Greenberg Sep 2006

Hooking The Crook: The Seventh Circuit Justifies The Suspicionless Search Of A Probationer, Meira Greenberg

Seventh Circuit Review

A plea bargain allows an individual, accused of a crime, an opportunity to reduce their sentence by bargaining with the prosecution. Although such agreements often stipulate that the accused waive certain constitutional rights, the conditions attached to a bargained-for-probation sentence are not beyond judicial review. Normally, courts examine the constitutionality of the probationary condition, but in United States v. Barnett, the Seventh Circuit summarily upheld the suspicionless search of a probationer upon the consent/contract theory. This Comment contends that the consent/contract theory employed by the Seventh Circuit improperly hooks the crook by upholding unreasonable probationary conditions that violate the …

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A Presumption Of Reasonableness: The Seventh Circuit’S Unreasonable Approach To The Federal Sentencing Guidelines, Zachary A. Jacobs Sep 2006

A Presumption Of Reasonableness: The Seventh Circuit’S Unreasonable Approach To The Federal Sentencing Guidelines, Zachary A. Jacobs

Seventh Circuit Review

When the United States Supreme Court instructed federal appellate courts to use a "reasonableness" standard of review following U.S. vs. Booker, a significant question remained: what role do the Federal Sentencing Guidelines play when determining whether a sentence is “reasonable”? While the Supreme Court has recently granted certiorari for this very question, the Seventh Circuit has chosen to grant sentences falling within the range provided by the Guidelines a presumption of reasonableness. In doing so, however, the court has neither provided convincing justification nor remained consistent in its application. This Comment will first trace the development of the presumption within …

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Stuck In Unfriendly Skies: How The Seventh Circuit’S Decision In Summers V. State Street Bank & Trust Company Left United Airlines Employees With Nothing But Hot Air, Jeffrey P. Swatzell Sep 2006

Stuck In Unfriendly Skies: How The Seventh Circuit’S Decision In Summers V. State Street Bank & Trust Company Left United Airlines Employees With Nothing But Hot Air, Jeffrey P. Swatzell

Seventh Circuit Review

In Summers v. State Street Bank & Trust Company, the United States Court of Appeals for the Seventh Circuit was asked whether State Street Bank & Trust Company, a directed trustee of United Airlines’ employee stock ownership plan, acted imprudently by failing to cause the plan to sell its United stock after the company suffered massive financial losses in the aftermath of the September 11, 2001 terrorist attacks. Ultimately, the court found that although State Street, as a directed trustee, was bound by certain fiduciary duties under ERISA, it did not act imprudently by continuing to follow the named …

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The Seventh Circuit Hangs Up On Charitable Rights, Nicholas A.J. Wendland Sep 2006

The Seventh Circuit Hangs Up On Charitable Rights, Nicholas A.J. Wendland

Seventh Circuit Review

Under Indiana’s Telephone Solicitation of Consumers statute telemarketers are prohibited from calling all households who opt to place their numbers on the statewide do-not-call list. This prohibition exempts charities, as long as they refrain from using professional telemarketing companies, and rely solely on volunteers or in-house employees. For many charities, particularly ones supporting unpopular causes, telemarketing represents the most successful manner in which they can inform people of their goals and raise money. Charitable solicitation has long been recognized as a protected form of free speech, and any restriction on that right protected by constitutional scrutiny. However, in ruling on …

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Left Without A Prayer: Can Antidiscrimination Regulations Protecting Gays Survive?, Adam C. York Sep 2006

Left Without A Prayer: Can Antidiscrimination Regulations Protecting Gays Survive?, Adam C. York

Seventh Circuit Review

In Boy Scouts of America v. Dale, the United States Supreme Court held that a New Jersey public accommodations law could not compel the Boy Scouts to accept homosexual scoutmasters. In Christian Legal Society v. Walker, the Seventh Circuit overextended this precedent when it held that the Southern Illinois Law School could not refuse official recognition of the Christian Law Society because the Society refused to accept homosexual members. By deciding the case on an incomplete record and declining to apply a narrow reading of Dale, the Seventh Circuit exposed to attack all regulations protecting homosexuals.

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The Seventh Circuit’S Statutory Interpretation Misfires, Wounding The Already Fragile Freedom Of Information Act, Layla Amiryaghoobi Sep 2006

The Seventh Circuit’S Statutory Interpretation Misfires, Wounding The Already Fragile Freedom Of Information Act, Layla Amiryaghoobi

Seventh Circuit Review

In City of Chicago v. United States Department of Treasury, Bureau of Alcohol, Tobacco, and Firearms (“ATF”), the Seventh Circuit held that the Consolidated Appropriations Act of 2005 effectively ended the long running debate over the issue of whether the contents of the Firearms Trace System databases, which the City of Chicago had requested from ATF and believed it was entitled to under the Freedom of Information Act (“FOIA”), could be disclosed to the public. After the passage of several riders contained within federal appropriations legislation precluding the use of federal funding to retrieve the requested data, and two …

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Say It Ain’T So!: How The Seventh Circuit's Holding In Edelson V. Ch'ien Unnecessarily Narrows The Scope Of Section 13(D)'S Implied Private Right Of Action, Mark A. Diomede Sep 2006

Say It Ain’T So!: How The Seventh Circuit's Holding In Edelson V. Ch'ien Unnecessarily Narrows The Scope Of Section 13(D)'S Implied Private Right Of Action, Mark A. Diomede

Seventh Circuit Review

Section 13(d) of the Williams Act was meant to insure that public shareholders were provided adequate information about the qualifications and intentions of third parties making cash tender offers or acquiring large blocks of shares in publicly held companies as a means to possibly contest company control. This Note discusses the cases of Edelson v. Ch’ien and Indiana National Corporation v. Rich, where the Seventh Circuit defined the scope of Section 13(d)’s implied cause of action and discussed standing to sue under the statute. In Indiana National, the Seventh Circuit took a broad stance apropos Section 13(d), allowing for …

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Semper Fi? The Infidelity Of The Seventh Circuit In Applying A Good Moral Character Requirement To Naturalizing War Veterans, Joshua P. Montgomery Sep 2006

Semper Fi? The Infidelity Of The Seventh Circuit In Applying A Good Moral Character Requirement To Naturalizing War Veterans, Joshua P. Montgomery

Seventh Circuit Review

In a case of first impression, the Seventh Circuit misinterpreted naturalization statutes to hold that a good moral character requirement is applicable to aliens who served honorably in the military during times of war. The obligation of naturalizing aliens to show good moral character is listed among the residency requirements of 8 U.S.C.S. § 1427. However, 8 U.S.C.S. § 1440 excuses alien wartime veterans from making this showing by exempting them from the residency requirements in 8 U.S.C.S. § 1427. In supporting its position that alien wartime veterans must prove good moral character in order to naturalize, the Seventh Circuit …

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A Domestic Disturbance: The Seventh Circuit Encroaches On Foreign Related Party Transactions, Erica S. Khalili Sep 2006

A Domestic Disturbance: The Seventh Circuit Encroaches On Foreign Related Party Transactions, Erica S. Khalili

Seventh Circuit Review

Has deference to administrative regulation gone too far in its impact on American corporations and consequently become to great a foe to American corporations in a global marketplace? In the wake of the widespread corporate scandals, many of the regulations enacted are aimed at combating corporate fraud. Recently, in Square D Co. v. Commissioner of the Internal Revenue Service, the Seventh Circuit Court of Appeals upheld the validity of one such regulation, requiring taxpayers to utilize the cash basis method of accounting to deduct interest payments made to tax-exempt foreign related parties. This Note examines where this regulation fits …

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Law & Health Care Newsletter, V. 14, No. 1, Fall 2006 Sep 2006

Law & Health Care Newsletter, V. 14, No. 1, Fall 2006

Law & Health Care Newsletter

No abstract provided.

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In Practice, V. 7, No. 1, Fall 2006 Sep 2006

In Practice, V. 7, No. 1, Fall 2006

In Practice

No abstract provided.

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Contents, First Amendment Law Review Sep 2006

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

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The Wisdom And Constitutionality Of Teaching Intelligent Design In Public Schools, Arnold H. Loewy Sep 2006

The Wisdom And Constitutionality Of Teaching Intelligent Design In Public Schools, Arnold H. Loewy

First Amendment Law Review

No abstract provided.

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Kitzmiller And The Is It Science Question, Jay D. Wexler Sep 2006

Kitzmiller And The Is It Science Question, Jay D. Wexler

First Amendment Law Review

No abstract provided.

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Constitutional Structure, Individual Rights, And The Pledge Of Allegiance, Luke Meier Sep 2006

Constitutional Structure, Individual Rights, And The Pledge Of Allegiance, Luke Meier

First Amendment Law Review

No abstract provided.

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