Law Commons^™

An Election Night Memo To Candidates In Races Involving A Recount, John Hardin Young

University of Arkansas at Little Rock Law Review

No abstract provided.

Introduction: Private Ordering In A Globalizing World: Still Searching For The Basics Of Contract, Peer Zumbansen

Indiana Journal of Global Legal Studies

Governing Contracts - Public and Private Perspectives, Symposium. Osgoode Hall Law School, Toronto, November 9-10, 2006

The New Public Contracting: Public Versus Private Ordering?, Peter Vincent-Jones

Indiana Journal of Global Legal Studies

This article explores the hybrid character of contemporary public service organization with specific reference to the emergence in Britain over the last twenty-five years of a novel mode of governance, the "New Public Contracting." The New Public Contracting governs an ever-expanding range of aspects of modern life through contracting regimes directed at the attainment of particular policy purposes. In Britain, this mode of governance has been problematic in that many contracting regimes have failed to respond adequately to public needs. While the trend toward privatization may be politically irreversible, the role of the state should be to help establish the …

An Administrative Law Perspective On Government Social Service Contracts: Outsourcing Prison Health Care In New York City, Alfred C. Aman

Indiana Journal of Global Legal Studies

This paper explores how administrative law can mitigate the democracy deficit that may occur when privatization shifts political debate into relatively private arenas, changes its focus, or precludes debate altogether.I t also argues that the prevailing form and key terms of globalization in the United States derive from neo-liberalism, particularly in the binary division of public/private and their conflation with legal regulation and market responsiveness, respectively. This paper centers specifically on a case study involving the outsourcing of health care for prisoners by a private, for-profit health care provider, Prison Health Services, using it as a means for exploring how …

The Role Of Contracts And Networks In Public Governance: The Importance Of The "Social Epistemology" Of Decision Making, Karl-Heinz Ladeur

Indiana Journal of Global Legal Studies

This article addresses the role of public contracts and of public-private networks in relation to the new cognitive infrastructure of postmodern societies and the rise of an experimental rationality. The use of contracts in public law has evolved: it is no longer just a new version of the administrative decision; it is now used as a means in a broad process of breaking up the permeability of public administration. New modes of contracting are a response to increasing fragmentation of interests in industry and in society as a whole. This evolution has also given rise to the concept of the …

Changing Contract Lenses: Unexpected Supervening Events In English, New Zealand, U.S., Japanese, And International Sales Law And Practice, Luke Nottage

Indiana Journal of Global Legal Studies

This article compares differences in the reasoning underlying contractual relationships between English and New Zealand law and U.S. and Japanese law. It then builds upon an existing framework by adding the notion of didactic formality to identify another important contrast between the laws of these countries. It also discusses how CISG and UPICC fit in to this spectrum. The article concludes by questioning "strong convergence" theory in commercial law worldwide.

Governing Contracts – Public and Private Perspectives, Symposium. Osgoode Hall Law School, Toronto, November 9-10, 2006

Molecular Federalism And The Structures Of Private Lawmaking, David V, Snyder

Indiana Journal of Global Legal Studies

This article explores "molecular federalism." Private lawmakers-ranging from familiar organizations like the American Law Institute and the New York Stock Exchange to less well known ones, like the International Chamber of Commerce and associations of banks-are here envisioned as part of a federalist scheme that operates at a "molecular" level rather than at the level of the state. The function and legitimacy of private lawmakers, and the strengths and weaknesses of private lawmaking, are assessed under the rubric of federalism. The article takes up both horizontal and vertical aspects of molecular federalism, considering the possibilities of competitive private lawmaking and …

The True Lex Mercatoria: Law Beyond The State, Ralf Michaels

Indiana Journal of Global Legal Studies

Is there an anational lexr meratoria, a "global law without a state?" The debate seems infinite. Some argue that the rules, institutions, and procedures of international arbitration have now achieved a sufficient degree both of autonomy from the state and of legal character that they represent such an anational law. Others respond that whatever law merchant may exist is really state law-dependent on national norms and the freedom of contract they provide, and on the enforceability of arbitral awards by national courts. This paper suggests that the dichotomy of anational law and state law is false. Although an anational law …

The Making Of Transnational Contract Law, Graf-Peter Calliess

Indiana Journal of Global Legal Studies

The definition and creation of contract law is entrenched in a common understanding of the strong role of the modern state in the administration of justice. This article argues that this understanding is currently subject to a fundamental transformation as a result of the increasing demand for legal certainty in cross-border transactions. Traditional concepts of private international law, mainly the law of conflicts and multilateral treaty harmonization, have proven unable to keep pace with globalization, allowing private actors to step in and gain a dominant position in providing legal services to international commerce. The resulting privatization of lawmaking leads to …

An Analysis Of Development Impact Fees In Georgia, Jim Edge, Michael J. Eshman

Land Use Clinic

A development impact fee is defined as “payment of money imposed upon development as a condition to development approval to pay for a proportionate share of the cost of system improvements needed to serve growth and development.” Development impact fees are a relatively new idea in Georgia, but have been used in other jurisdictions for years. This paper analyzes the development of the Georgia Development Impact Fee Law. It also tracks use of impact fees in Georgia and makes recommendations for jurisdictions considering adopting impact fees.

Legislation And Legitimation: Congress And Insider Trading In The 1980s, Thomas W. Joo

Indiana Law Journal

Orthodox corporate law and economics holds that American corporate and securities regulation has evolved inexorably toward economic efficiency. That position is difficult to square with the fact that regulation is the product of government actors and institutions. Indeed, the rational behavior assumptions of law and economics suggest that those actors and institutions would tend to place their own self-interest ahead of economic efficiency. This Article provides anecdotal evidence of such self interest at work. Based on an analysis of legislative history-primarily congressional hearings-this Article argues that Congress had little interest in the economic policy effect of insider trading legislation in …

A Republic Of The Mind: Cognitive Biases, Fiscal Federalism, And Section 164 Of The Tax Code, Brian Galle

Indiana Law Journal

No abstract provided.

When Plaintiffs Are Premium Planners For Their Injuries: A Fresh Look At The Fireman's Rule, Robert H. Heidt

Indiana Law Journal

No abstract provided.

Medical Product Information Incentives And The Transparency Paradox, Daniel R. Cahoy

Indiana Law Journal

Recent allegations that essential safety and efficacy information is often suppressed by medical product manufacturers or poorly evaluated by regulators have led to calls for greater information transparency. The public is justifiably concerned that its ability to conduct an informed risk-benefit assessment of drugs and medical devices is compromised. Several changes have already been made to federal regulatory law and medical research policy to mandate greater disclosure and more changes are being considered. However, it is possible that these measures may backfire by enhancing significant tort-based economic disincentives for generating new information.I n other words, greater disclosure requirements could, paradoxically, …

Lies, Damned Lies, And Statistics? Structured Settlements, Factoring, And The Federal Government, Laura J. Koenig

Indiana Law Journal

No abstract provided.

That’S A Fine Chablis You’Re Not Drinking: The Proper Place For Geographical Indications In Trademark Law, Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, Susan Scafidi

Articles

No abstract provided.

Torture And Islamic Law, Sadiq Reza

Faculty Scholarship

This article considers the relationship between Islamic law and the absence or practice of investigative torture in the countries of today's Muslim world. Torture is forbidden in the constitutions, statutes, and treaties of most Muslim-majority countries, but a number of these countries are regularly named among those in which torture is practiced with apparent impunity. Among these countries are several that profess a commitment to Islamic law as a source of national law, including some that identify Islamic law as the principal source of law and some that go so far as to declare themselves "Islamic states." The status of …

Introductory Remarks, Laurence H. Tribe

Tulsa Law Review

No abstract provided.

Civil Society Constitutionalism: The Power Of Contract Law, Marc Amstutz, Adreas Abegg, Vaios Karavas

Indiana Journal of Global Legal Studies

This article argues that the vision of a social law of contract is exhibited in the judgment of the Swiss Federal Court in Post v. Verein gegen Tierfabriken ("VgT"). The judgment is one of a law of contract that interacts with a community of the subjects instead of the individual subjects of a community. This paper contends that law today has the task of providing for the areas of social autonomy from which "civil society" is built up and in which, at the same time, the increasing social fragmentation can be overcome piecemeal. The article argues that conceiving contract law …

Relational Contract And The Nature Of Private Ordering: A Comment On Vincent-Jones, David Campbell

Indiana Journal of Global Legal Studies

This paper focuses on the enormous growth of contract in the public sector over the last twenty years as part of the development of the "new public management." In the United Kingdom, the most penetrating assessment of the significance of this growth for the law of contract, its theory and its use, is Peter Vincent-Jones's The New Public Contracting, the thrust of which has been the basis of Vincent-Jones's contribution to this issue, The New Public Contracting: Public versus Private Ordering? In this paper, the author examines the welfarism of public sector contracting by means of a comment on Vincent-Jones's …

Tools For Inclusion: Minimum Wage Increase: What It Means For People With Disabilities (Updated 2009), David Hoff

Tools for Inclusion Series, Institute for Community Inclusion

This publication provides guidance to individuals with disabilities regarding the increase in minimum wage, with a particular focus on understanding who this increase applies to, the impact of the wage increase on public benefits, and how to deal with issues that may arise with employers.

Institute Brief: Increasing Placement Through Professional Networking, Allison Fleming, Diane Loud

The Institute Brief Series, Institute for Community Inclusion

The national percentage of people of working age with disabilities who are employed continues to hover around 37%, compared with 80% for their peers without disabilities. However, according to the Harris Poll (2004), 67% of people with disabilities who are not currently working would like to be. In the late 1990s, a Presidential Task Force began work on improving the employment rate for adults with disabilities, a national priority that was further supported by the New Freedom Initiative of 2001, creating a bipartisan effort. Despite these initiatives, the rate of employment for people with disabilities has not increased.

Foreword, Anne Hazlett

Law and Contemporary Problems

No abstract provided.

Appellate Practice And Procedure, K. Todd Butler

Mercer Law Review

This Article reviews federal appellate procedure decisions in the Eleventh Circuit during the 2006 calendar year. Questions considered this year include the role of the notice of appeal in federal appellate jurisdiction, which is addressed in the first section below. The second section addresses the necessity of a final order for appeal, with emphasis on conditional final orders and when they are subject to appeal. The third section addresses the necessity of raising issues before the district court in order to preserve them for appeal.

Bankruptcy, James D. Walker Jr., Amber Nickell

Mercer Law Review

"Stringent execution" may be the watch phrase for implementation of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). The bankruptcy bar has lived with BAPCPA for well over a year, and if one common thread arises in the case law, it is judges dissatisfaction with what may kindly be referred to as "drafting flaws." Many courts have highlighted these flaws-and other perceived inadequacies in BAPCPA-by ruthlessly enforcing the statute's plain language. This has already led to the enactment of one amendment by Congress, as well as criticism from some of its members. Whether further amendments will follow …

Admiralty, Robert S. Glenn Jr., Colin A. Mcrae, Jessica L. Mcclellan

Mercer Law Review

The United States Court of Appeals for the Eleventh Circuit's admiralty docket was not particularly active this year, perhaps reflecting the state of the maritime practice. Interestingly, it was a good year for district court judges in the circuit, as the Eleventh Circuit affirmed nearly all of the lower courts' maritime decisions in the context of sovereign immunity, maritime statutes of limitation, jurisdiction, international carrier bonds, limitation of liability, allision, maritime liens, choice of law, and pollution.

Intellectual Property, Laurence P. Colton, Nigamnarayan Acharya, John C. Bush

Mercer Law Review

This Article surveys case law developments relevant to Georgia in the area of intellectual property during the period from January 1, 2006 to December 31, 2006. Intellectual property law comprises several discrete yet overlapping areas of law. The four primary areas of intellectual property law are patent law, trademark law, copyright law, and trade secret law. Because patent law and copyright law are provided for in the United States Constitution, these decisions are based in federal law and are litigated in federal courts. Trademark law and trade secret law have both federal and state aspects, and the cases regarding these …

Labor And Employment, W. Christopher Arbery, Valerie N. Njiiri

Mercer Law Review

The Eleventh Circuit's trial and appellate courts handed down several significant opinions affecting labor and employment law during this survey period (January 1, 2006 to December 31, 2006). For example, the Eleventh Circuit rendered notable decisions involving the Fair Labor Standards Act ("FLSA"), the Family and Medical Leave Act ("FMLA"), the Employee Retirement Income Security Act ("ERISA"), and federal and state Racketeer Influenced and Corrupt Organization ("RICO") statutes, and a district court decided a noteworthy decision under the Uniformed Services Employment and Reemployment Rights Act ("USERRA").

Georgia V. Randolph: What To Do With A Yes From One But Not From Two?, Nathan A. Wood

Mercer Law Review

In Georgia v. Randolph, the United States Supreme Court held that when an officer asks two physically present occupants of the same shared residence for permission to search, that search is unreasonable under the Fourth Amendment to the United States Constitution when one occupant denies permission to search, though the other consents. In so holding, the Court created a new standard in which "widely held social expectations" dictate whether it is reasonable to assume an occupant has the authority to consent to a search.

Kansas V. Marsh: A Thumb On The Scale Of Death?, Elizabeth Brandenburg

Mercer Law Review

In Kansas v. Marsh, the United States Supreme Court held that it is not unconstitutional for a state's death penalty statute to require a death sentence when a sentencing jury finds aggravating and mitigating factors to be in equipoise. Extending its previous decision in Walton v. Arizona, the Court explicitly determined that this type of sentencing met the requirements of Furman v. Georgia and Gregg v. Georgia, holding that no other constraint is imposed by the Constitution. While the repercussions of this decision may not be widely felt, they do indicate the direction the Court is heading …