Law Commons^™

Military Commissions Act Of 2006, Arsalan M. Suleman

Arsalan Suleman

On October 17, 2006, President Bush signed into law the Military Commissions Act of 2006 (MCA). Congress passed the MCA to authorize the trial by military commissions of detained terrorism suspects after the Supreme Court's decision in Hamdan v. Rumsfeld invalidated the military commissions previously established pursuant to a 2001 military order from President Bush. The MCA adds chapter 47A to title 10 of the U.S. Code to give statutory authorization for the military commissions. This Recent Development explores some of the more controversial aspects of the MCA, especially those sections that respond to the Court's Hamdan decision. The note …

The Yukos Money Laundering Case: A Never-Ending Story, Dmitry Gololobov

Dmitry Gololobov

No abstract provided.

La Cláusula "No A La Orden" En El Pagaré Y El Cheque. A Propósito De Las Modificaciones De Los Decretos 1387/2001 Y 386/2003, Martin Paolantonio, Pablo Legón

Martin Paolantonio

Análisis de la cláusula no a la orden en el pagaré y el cheque, considerando la posibilidad de endoso y sus efectos en virtud del decreto 1387/2001 y 386/2003

Tax Shelters And The Code: Navigating Between Text And Intent, Lawrence M. Solan, Steven A. Dean

Lawrence M. Solan

No abstract provided.

Envisioning A U.S. Government That Isn't 84% Male: What The United States Can Learn From Sweden, Rwanda, Burundi, And Other Nations, Nancy E. Millar

Nancy E Millar

No abstract provided.

Magistrates’ Examinations, Police Interrogations, And Miranda—Like Warnings In The Nineteenth Century, Wesley M. Oliver

Wesley M Oliver

The New York legislature in the early-nineteenth century began to require interrogators to warn suspects of their right to silence and counsel. The Warren Court, in Miranda v. Arizona, did not invent the language of the warnings; rather, it resurrected the warnings that were no longer given in New York after the latter half of the nineteenth century. The confessions rule, a judicially created rule of evidence much like the modern voluntariness rule, excluded many statements if any threat or inducement was made to the suspect. Courts in the early-nineteenth century, however, were willing to accept confessions notwithstanding an improper …

Pluralismo, Consenso Y Desobediencia Civil Desde La Filosofía Política Contemporánea. La Recepción Del Discurso Pluralista En La Jurisprudencia Constitucional Respecto Al Caso Indígena, Leonardo García Jaramillo

Leonardo García Jaramillo

No abstract provided.

The Case For Reclaiming European Unfair Competition Law From Europe’S Consumer Lawyers, Christopher Wadlow

Christopher Wadlow

No abstract provided.

A Shadow Report On Human Trafficking In Lao Pdr: The U.S. Approach V. International Law, Anne T. Gallagher

Anne T Gallagher

Since 2001, the United States Government has issued annual reports on the situation of human trafficking in every country other than its own identified by the State Department as having a significant trafficking problem. The focus of this article is on the standards that are used to assess the response of States to trafficking. The article examines the way in which the US judges the performance of countries while noting that international law already provides detailed and substantive guidance on the obligations of States in this area. The author demonstrates, using Lao PDR as an example, that application of these …

Of Metaphor, Metonymy, And Corporate Money: Rhetorical Choices In Supreme Court Decisions On Campaign Finance Regulation, Linda L. Berger

Linda L. Berger

No abstract provided.

Bankruptcy Reform And The "Sweat Box" Of Credit Card Debt, Ronald Mann

Ronald Mann

An outgrowth of Part V of Charging Ahead, this paper discusses the relation between the credit card business model and BAPCPA, using post-BAPCPA data on bankruptcy filings to explore the effects of BAPCPA.

Lawyering In The 21st Century: A Capstone Course On The Law And Ethics Of Lawyering, Judith L. Maute

Judith L. Maute

No abstract provided.

The Compact Clause And The National Popular Vote Interstate Compact, Derek T. Muller

Derek T. Muller

Despite previous historical failed attempts to abolish the Electoral College at the federal level, in the months following the 2000 election, several lawyers, politicians, and academics concocted a novel plan to abolish the College at the State level. The National Popular Vote Interstate Compact would be enacted State by State and require each enacting State to give its electoral votes to the winner of a plurality of the national popular vote.

This Article does not attempt to address the merits or drawbacks of the system as a matter of policy. Instead, Part I begins with a brief history of the …

Who Counts As An American Family?, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

The Structure Of Search Engine Law, James Grimmelmann

James Grimmelmann

This Article provides a road map to issues of search engine law. It indicates what questions we must consider when thinking about search engines, and it indicates the interconnections among those questions. It does not endorse any particular normative framework for search. Nor does it recommend who should regulate search. Instead, it provides the necessary foundation for informed decision-making, by whatever regulator and whatever its normative approach.

Part I will explain how modern search engines function and describe the business environment within which they operate. Search engine operations can be understood in terms of the information flows among four principal …

The Terrorist Surveillance Program And The Constitution, John C. Yoo

John C Yoo

In response to the September 11 attacks, President Bush created the Terrorist Surveillance Program, which authorized the National Security Agency to intercept phone calls and emails traveling into and out of the United States. One of the parties to the communication had to be someone suspected of being a member of al Qaeda. This surveillance took place outside the framework of the Foreign Intelligence Surveillance Act, which since 1978 has regulated the interception of communications entering or leaving the United States. This Essay argues that the TSP represents a valid exercise of the President's Commander-in-Chief authority to gather intelligence during …

The Future Of The Uniform Commercial Code Process In An Increasingly International World, Amelia H. Boss

Amelia Boss

The domestic success of the Uniform Commercial Code as a unifying force within the United States has contributed to calls for similar unification on an international basis and the creation of an "International Uniform Commercial Code. " As the focus of activity shifts from domestic to international lawmaking activities, the question of the continued relevance and viability of our domestic law is highlighted. To date, commercial law scholarship has been concerned primarily with the substance of these emerging international commercial law instruments; relatively little attention has been paid to the process by which these international commercial law instruments can and …

Disentangling The Psychology And Law Of Instrumental And Reactive Subtypes Of Aggression, Reid G. Fontaine

Reid G. Fontaine

Behavioral scientists have distinguished an instrumental (or proactive) style of aggression from a style that is reactive (or hostile). Whereas instrumental aggression is cold-blooded, deliberate, and goal driven, reactive aggression is characterized by hot blood, impulsivity, and uncontrollable rage. Scholars have pointed to the distinction between murder (committed with malice aforethought) and manslaughter (enacted in the heat of passion in response to provocation) in criminal law as a reflection of the instrumental–reactive aggression dichotomy. Recently, B. J. Bushman and C. A. Anderson (2001) argued that the instrumental–reactive aggression distinction has outlived its usefulness in psychology and pointed to inconsistencies and …

Total Liability For Excessive Harm, Robert D. Cooter, Ariel Porat

Robert Cooter

The total social harm caused by everyone is often verifiable and the harm that each actor causes is often unverifiable. In these circumstances, the authorities lack the information necessary to implement the usual liability rules or externality taxes. We propose a novel solution: Hold each participant in the activity responsible for all of the excessive harm that everyone causes. By “excessive harm” we mean the difference between the total harm caused by all injurers and the optimal total harm. We show that the rule of total liability for excessive harm creates incentives for efficient precaution and activity level. Consequently, actual …

¿Se Debe Indemnizar El Dolor De Las Víctimas Del 11 De Septiembre?, Hugo Alejandro Acciarri, Andrea Castellano, Andrea Barbero

Hugo Alejandro Acciarri

No abstract provided.

Why A Conviction Should Not Be Based On A Single Piece Of Evidence: A Proposal For Reform, Boaz Sangero, Mordechai Halpert

Prof. Boaz Sangero

This article illustrates a serious flaw in the conventional legal approach enabling a conviction based solely on one piece of evidence. This flaw derives from a cognitive illusion referred to as “the fallacy of the transposed conditional.” People might assume a low error rate in evidence only leads to a small percentage of wrongful convictions. We show that, counterintuitively, even a very low error rate might lead to a wrongful conviction in most cases where the conviction is based on a single piece of evidence. Case law has indicated some awareness of this fallacy, primarily when considering the random match …

Are All Forms Of Joint Crime Really "Organized Crime"?, Boaz Sangero

Prof. Boaz Sangero

It is seemingly possible to think that the new Israeli Combating Criminal Organizations Law, 2003 is a desirable statute. After all – how many struggles are more justified than the fight against organized crime? This Article will demonstrate that, in view of the extensive and comprehensive legislation already existing in Israel prior to the enactment of the new law, there was no need at all for an additional statute. Furthermore, it will show that the excessively broad definition given to the term “criminal organization” is liable to dominate Israeli criminal law and make the already draconian penal code – which …

Competition Law And The Wto: Rethinking The Relationship, David J. Gerber

David J. Gerber

This essay identifies obstacles to the inclusion of a competition law regime in the WTO and suggests changes that are likely to be necessary if competition law is to become an effective part of the WTO. Two obstacles have impeded inclusion of competition law in the WTO's legal regime and are likely to continue to do so. They are (i) a lack of confidence that the norms, practices and procedures of the WTO rest on a robust conception of community and (ii) uncertainty and concern about what form of competition law might be included and what its role in the …

Private Enforcement Of Competition Law: A Comparative Perspective, David J. Gerber

David J. Gerber

Private enforcement has long been a central part of US antitrust law experience, while it has played minor roles or none at all in European competition law systems. This contrast is fundamental to understanding differences between European and US competition law and to assessing the potential consequences of increasing the role of private enforcement of competition law in Europe. It is also central to decisions about competition law development in much of the world, because in this respect most competition law systems in the world resemble European competition laws rather than US antitrust law.

In this essay, I examine the …

The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, Dan Tarlock

Dan Tarlock

No abstract provided.

Are Shared Benefits Of International Waters An Equitable Apportionment? (With P. Wouters), Dan Tarlock

Dan Tarlock

No abstract provided.

Derechos Mancos Para Manos Obreras: Cómo El Derecho Laboral Y La Economía Impactan La Organización Sindical En Puerto Rico, César F. Rosado Marzán

César F. Rosado Marzán

No abstract provided.

Solidarity Or Colonialism? The Polemic Of "Labor Colonialism", César F. Rosado Marzán

César F. Rosado Marzán

No abstract provided.

The Banality Of Evil: A Portrayal In “12 Angry Men (Symposium Editor) (Forthcoming), Nancy S. Marder

Nancy S. Marder

No abstract provided.

Derecho Laboral Y Organización Sindical En Puerto Rico, César F. Rosado Marzán

César F. Rosado Marzán

No abstract provided.