Law Commons^™

When Does The Individuals With Disabilities Education Act Permit Tuition Reimbursement?, Jay E. Grenig

Faculty Publications

No abstract provided.

The Much Maligned 527 And Institutional Choice, Lloyd Hitoshi Mayer

Journal Articles

The continuing controversy over 527 organizations has led Congress to impose extensive disclosure requirements on these political organizations and to consider imposing extensive restrictions on their funding as well. The debate about what laws should govern these entities has, however, so far almost completely ignored the fact that such laws raise a complicated institutional choice question.

This Article seeks to resolve that question by developing a new institutional choice framework to guide this and similar choices. The Article first explores the context for making this determination by describing the current laws governing 527s, including both federal election laws administered by …

Aging America, Thomas L. Shaffer

Journal Articles

Professor Sarah Harper's assessment of the legal, political, medical, and economic issues associated with old age in the United States heralded the theme for this Symposium, "Aging America." Her analysis turns, as she puts it, on "a fundamental shift in the demographic structure of society. No longer will it be the norm to have large numbers of young and small numbers of old,"1 as it was when I was a boy (age 11 on V.J. Day, 1945).

"Rather, we are entering a world where age groups will be distributed more or less equally across society-an age-symmetric society."

2 Soon, America …

Jurisdictionality And Bowles V. Russell, Scott Dodson

Faculty Publications

On June 14, 2007, the Supreme Court decided Bowles v. Russell, a case watched primarily by procedure geeks but one which may have enormous impact for courts and litigators. It addressed a ubiquitous but confusing question of jurisdictional characterization: when is a limitation “jurisdictional,” and when is it not? Litigators encounter these questions all the time in statutory coverage issues, in time limitations, and in a host of other preconditions. Whether a particular limitation is jurisdictional or not can be an important question, for jurisdictional limitations are not subject to waiver or equitable exceptions, may be raised at any time, …

Federalism Doctrines And Abortion Cases: A Response To Professor Fallon, Anthony J. Bellia Jr.

Journal Articles

This Essay is a response to Professor Richard Fallon's article, If Roe Were Overruled: Abortion and the Constitution in a Post-Roe World. In that article, Professor Fallon argues that if the Supreme Court were to overrule Roe v. Wade, courts might well remain in the abortion-umpiring business. This Essay proposes a refinement on that analysis. It argues that in a post-Roe world courts would not necessarily subject questions involving abortion to the same kind of constitutional analysis in which the Court has engaged in Roe and its progeny, that is, balancing a state's interest in protecting life against a pregnant …

Taking Shareholder Rights Seriously, Julian Velasco

Journal Articles

The great corporate scandals of the recent past and the resulting push for legal reform have revived the role of the shareholder in the corporation as a subject of great debate. Those who favor an expanded role for shareholders in corporate governance tend to focus on developing new legal rights for shareholders, and their critics respond with reasons why such rights are unnecessary and inappropriate. While these issues certainly are worthy of consideration, issues concerning existing shareholder rights are more fundamental. If existing rights are adequate or could be improved, then new rights may not be necessary; but if existing …

Opportunities And Pitfalls Under Sections 351 And 721, Craig L. Rascoe, William M. Richardson

William & Mary Annual Tax Conference

No abstract provided.

Opportunities And Pitfalls Under Sections 351 And 721 (Slides), Craig L. Rascoe, William M. Richardson

William & Mary Annual Tax Conference

No abstract provided.

Book Review Of Amada Seligman’S “Block By Block: Neighborhoods And Public Policy On Chicago's West Side”, Richard H. Chused

Other Publications

No abstract provided.

Comparative Law And State-Building: The Organic Minimalist Approach To Legal Reconstruction, Dan E. Stigall

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Can U.S. Safeguard Actions Survive Wto Review: Section 201 Investigations In International Trade Law, Daniel B. Pickard, Tina Potuto Kimble

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Are All Forms Of Joint Crime Really Organized Crime: On The New Israeli Combating Criminal Organizations Law And Parallel Legislation In The U.S. And Other Countries, Boaz Sangero

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Solving International Environmental Crimes: The International Environmental Military Base Reconstruction Act—A Problem, A Proposal, And A Solution, Tania Marie Proechel

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

True Fiction: Competing Theories Of International Legal Legitimacy And A Court's Battle With Ratione Temporis, T. Russell Gibson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

A Reason For Musicians To Fret: Copyright Infringement In Online Guitar Tablature, Laura E. Gary

Vanderbilt Journal of Entertainment & Technology Law

Part I of this note will specifically address guitar tablature and how it differs from more traditional methods of copying musical works. Part I will also discuss derivative works and fair use in detail, setting out the statutory provisions and the relevant case law establishing and analyzing both these claims. Part II addresses the lack of legal precedent for copyright infringement in guitar tabs and devises a possible solution to the question of whether or not guitar tabs infringe copyrighted musical works. Specifically, this note concludes that the appropriate answer to that question is that guitar tabs are infringing derivative …

A Common Tool For Individual Solutions: Why Countries Should Establish An International Organization To Regulate Internet Content, Paul Przybylski

Vanderbilt Journal of Entertainment & Technology Law

This note advances the case for an international organization to control Internet content. Part I describes the current state of affairs with respect to Internet regulation. First, this part describes briefly how the Internet works, to the extent that such a description is necessary to advance the argument presented in this note. Second, concentrating on Europe, the United States, and China, Part I describes the diverging preferences of countries regarding Internet regulation, the approaches they have taken, and the problems they have encountered due to the international nature of the Internet. Third, this part addresses the major attempt at international …

Truth, Accuracy And Neutral Reportage: Beheading The Media Jabberwock's Attempts To Circumvent New York Times V. Sullivan, David A. Elder

Vanderbilt Journal of Entertainment & Technology Law

In over four decades since the New York Times v. Sullivan decision, the United States Supreme Court has accorded the American media a level of freedom of expression that is unparalleled in the democratic world. Yet, the Supreme Court has also repeatedly affirmed its unwillingness to give the media a constitutional blank check, and has authorized redress where public persons can prove that the defendant published a "calculated falsehood." As any lawyer knows, the calculated falsehood standard is so difficult to satisfy that often none but the impulsive, the intrepid or the naive will contemplate suing for libel. However, Sullivan …

From Safe Harbor To Choppy Waters: Youtube, The Digital Millennium Copyright Act,And A Much Needed Change Of Course, Lauren B. Patten

Vanderbilt Journal of Entertainment & Technology Law

YouTube.com, named Time magazine's "Invention of the Year" for 2006 and widely recognized as the most-visited video site on the Internet, has changed the face of online entertainment. With the site's acquisition by Google in October 2006, the possibilities for YouTube's growth became truly endless. However, there is a darker side to the story of the Internet sensation, one that is grounded in its potential liability for copyright infringement. The issue is that many of the most-viewed and most-popular videos on the site are copyrighted. The copyright owners of those popular clips want their works back and are suing YouTube …

All In, But Left Out: How The Unlawful Internet Gambling Enforcement Act Seeks To Eradicate Online Gambling In The United States, Benjamin C. Wickert

Vanderbilt Journal of Entertainment & Technology Law

In recent years, gambling on the Internet has evolved into a multi-billion dollar enterprise. The industry has been particularly entrenched in the United States, whose citizens at one time accounted for up to one-half of all Internet gambling revenues. However, the landscape of Internet gambling in the United States changed drastically in 2006, when President George W Bush signed into law the Unlawful Internet Gambling Enforcement Act (UIGEA). The crucial provision of the UIGEA is its prohibition of the acceptance of payments, made by United States banks and creditors, to purveyors of unlawful Internet gambling enterprises. By targeting United States …

Solving The Contentious Issues Of Private Conservation Easements: Promoting Flexibility For The Future And Engaging The Public Land Use Process, Gerald Korngold

Articles & Chapters

Over the past thirty years, statutes have reversed the common law and authorized private conservation organizations to hold conservation easements "in gross." These interests allow nonprofits to control the use and development of the burdened property by preventing alterations of the natural and ecological features. Conservation easements can be held by organizations geographically distant from the restricted land.

Conservation easements bring great benefits as they support conservation, represent private initiative, yield efficiency benefits, and exemplify freedom of choice of property owners. There are costs, however: significant federal and state tax subsidies, the lack of coordinated planning and public process, class …

Secondhand Smoke Signals From Prison, Scott C. Wilcox

Michigan Law Review

This Note argues that courts should acknowledge current societal and medical perspectives on second hand smoke (SHS) and afford real protection to prisoners against SHS through injunctive relief. Part I examines evidence that conclusively demonstrates the serious risk of harm posed by SHS to the health of inmates. It reports that inmates' long-term exposure to SHS increases their risk of contracting lung cancer, heart disease, and other potentially life threatening conditions. Part II argues that, as required by the Helling standard, contemporary society does not tolerate involuntary, long-term exposure to SHS and that prison officials exhibit deliberate indifference by allowing …

Front Matter

Michigan Law Review

No abstract provided.

Federal Rule Of Civil Procedure 52(A) As An Ideological Weapon?, Bryan Adamson

Faculty Articles

In this article, the author explores Federal Rule of Civil Procedure 52(a) and standard of review choice to determine whether appellate judges can exploit its terms to pursue ideological goals. The author examines the operative terms of Rule 52(a), viz., findings of fact, clear error, and documentary evidence, and concludes that they are so malleable as to give appellate judges wide discretion in deciding whether clear error, de novo, or some other standard of review is to be applied. The article then goes on to identify fact typologies appellate courts invoke (historical, ultimate, constitutional, legislative, sociological, scientific, political, economic, jurisdictional), …

The Restricted Gift Lifecycle, Or, What Comes Around Goes Around, John K. Eason

Faculty Articles

The conflict regarding enduring donor control over property gifted for charitable uses implicates issues of current relevance to donors and nonprofit charitable organizations, and to those who represent them. Not surprisingly, these issues, and the possible ways of both addressing and accounting for their resolution, vary by circumstance. In this Article, I frame the issues and explore the relevant circumstances by reference to the particular stage in the lifecycle of a donor's restricted gift at which conflict might arise. That lifecycle spans the time from initial negotiation of the gift to its potential modification or termination due to unanticipated circumstances. …

The Enron Trial Drama: A New Case For Stakeholder Theory, Russell Powell

Faculty Articles

This article analyzes the trial of Jeffrey Skilling and Kenneth Lay, including an empirical analysis of jury comments made after the trial. The study indicates that the jury was influenced by the scope of the Enron collapse and its impact on employees, in particular. The article argues that if juries (or judges) are influenced by the magnitude of harm caused by fraudulent, disloyal behavior, especially when it impacts large numbers of working and middle-class employees, it is likely that the same factors will impact the outcome of derivative suits claiming breaches in fiduciary duties brought against officers and perhaps even …

Geography And International Law: Towards A Postcolonial Mapping, Tayyab Mahmud

Faculty Articles

Postcolonial theory aims at a critical interrogation of legitimizing knowledge claims put forward by proponents of the resurgent Empire. This article undertakes such an interrogation at the intersection of geography and international law. It aims to demonstrate that both modern geography and modern international law were constituted in, by, and through imperatives of Empire and unavoidably bear traces of their formative origin. The aim is to theorize the spatiality of global relations of domination and resistance under the shadow of international law. The article first identifies the vantage point of this critical engagement, namely postcolonial approach to inquiry. It then …

Fishery Conservation And Management Act Reauthorization: “A” For Effort, “C” For Substance, Madeline Kass

Faculty Articles

In one of its last acts of 2006, the 109th Congress passed the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (FCMRA), reauthorizing the nation's primary fishing law through the year 2013. The president signed on in early January 2007. Those involved in the reauthorization effort deserve kudos for achieving a successful bipartisan compromise, a relatively rare phenomenon in recent years. Congress also deserves praise for taking positive action towards improving existing law and for rejecting preliminary proposals designed principally to derail conservation efforts. Yet, in the face of unrelenting, catastrophic fish stock declines, it is unclear whether the …

Intellectual Property From Below: Copyright And Capability For Education, Margaret Chon

Faculty Articles

An approach to intellectual property from within a human development framework can contribute meaningfully to the WIPO Development Agenda, which was approved by the WIPO General Assembly in September 2007. Setting the proper regulatory balance between exclusive rights and access through exceptions and limitations to those rights is key to building national innovation capacity. A human development framework allows intellectual property norm-setters to prioritize the development of healthy and literate populations who are foundational to the functioning knowledge economies that intellectual property already assumes. Building upon an earlier piece in which Professor Chon posited that a substantive equality principle was …

The Next Generation Of Legal Citations: A Survey Of Internet Citations In The Opinions Of The Washington Supreme Court And Washington Appellate Courts, 1999-2005, Tina Ching

Faculty Articles

As more legal research is conducted online, it is reasonable to conclude that there will be a corresponding increase in citations to the Internet by judges in their opinions. With the widespread public use of the Internet to access information along with the constant changes and impermanence of websites, citing to the Internet should be an issue of increasing concern to the legal community across the country. This paper surveys the types of Internet sources the Washington state Supreme Court and Appellate Court justices are citing. It discusses the interrelated issues of link rot and the impermanence of web pages, …

Reinforcing Refugee Protection In The Wake Of The War On Terror, Edwin Odhiambo Abuya

Faculty Articles

This article examines how the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) can be used as a practical tool to enhance the protection of persons who have fled their home States in search of asylum in the wake of the global "war on terror." It compares and contrasts provisions of CAT to similar provisions contained in international refugee law. This article contends that, in some respects, the protection provisions of CAT are wider than those found in international refugee law, and, in other respects, narrower than those found in international refugee law. It concludes …