Law Commons^™

Non-Signatories And The New York Convention, William W. Park

Faculty Scholarship

In the context of arbitrations subject to the New York Convention, the term ,non-signatory' might evoke several lines of inquiry. Must commitments to arbitrate be signed? What legal framework guides decision-making about who agreed to arbitrate? How should courts monitor an arbitrator's assertion of jurisdiction over someone who never signed an arbitration agreement?

The second of these matters - rules about who agreed to arbitrate - will retain our attention in this paper. While few commentators deny that arbitration rests on consent,¹ less unanimity exists about what exactly constitutes such consent when one side contests that it ever waived …

Punitive Damages - A European Perspective, Helmut Koziol

Louisiana Law Review

No abstract provided.

The Medical Malpractice System And The Payment Of Future Medical Damages: On Life Support Elsewhere, Resuscitated In Louisiana, Sarah R. Levin

Louisiana Law Review

No abstract provided.

Administrative Law As The New Federalism, Gillian E. Metzger

Duke Law Journal

Despite the recognized impact that the national administrative state has had on the federal system, the relationship between federalism and administrative law remains strangely inchoate and unanalyzed. Recent Supreme Court case law suggests that the Court is increasingly focused on this relationship and is using administrative law to address federalism concerns even as it refuses to curb Congress's regulatory authority on constitutional grounds. This Article explores how administrative law may be becoming the new federalism and assesses how well-adapted administrative law is to performing this role. It argues that administrative law has important federalism-reinforcing features and represents a critical approach …

Tennis With The Net Down: Administrative Federalism Without Congress, Stuart Minor Benjamin, Ernest A. Young

Duke Law Journal

No abstract provided.

Administrative Law’S Federalism: Preemption, Delegation, And Agencies At The Edge Of Federal Power, Brian Galle, Mark Seidenfeld

Duke Law Journal

This Article critiques the practice of limiting federal agency authority in the name of federalism. Existing limits bind agencies even more tightly than Congress. For instance, although Congress can regulate to the limits of its commerce power with a sufficiently clear statement of its intent to do so, absent clear congressional authorization an agency cannot, no matter how clear the language of the agency's regulation. Similarly, although Congress can preempt state law, albeit only when its intent to do so is clear, some commentators have read it line of Supreme Court decisions to hold that agencies cannot, except upon Congress's …

Journal Staff

Duke Law Journal

No abstract provided.

The California Greenhouse Gas Waiver Decision And Agency Interpretation: A Response To Professors Galle And Seidenfeld, Nina A. Mendelson

Duke Law Journal

No abstract provided.

The Force Of Law: The Role Of Coercion In Legal Norms, Ekow N. Yankah

University of Richmond Law Review

No abstract provided.

The $62 Million Question: Is Virginia's New Center To House Sexually Violent Prisoners Money Well Spent?, Molly T. Geissenhainer

University of Richmond Law Review

This comment examines Virginia's current civil commitment statute for sexual predators and attempts to identify areas where Virginia should concentrate its limited resources in order to address more adequately the ever-increasing problem of what to do with sex offenders. Part II briefly describes why sex offenders present law enforcement with unique problems in prevention and deterrence. Part III details the history of civil commitment legislation. Part IV examines Supreme Court of the United States jurisprudence regarding the constitutionality of sex offender civil commitment statutes. Part V examines the Virginia Sexually Violent Predator Act. Part VI briefly considers current violent sexual …

Title Index

University of Richmond Law Review

No abstract provided.

Property Rules, Liability Rules, And Uncertainty About Property Rights, Stewart E. Sterk

Articles

Clarity can be a considerable virtue in property rights. But even when property rights are defined clearly in the abstract, ascertaining the scope of those rights in concrete situations often entails significant cost. In some instances, the cost of acquiring information about the scope of property rights will exceed the social value of that information. In those circumstances, further search for information about the scope of rights is inefficient; the social harm avoided by further search does not justify the costs of the search. Potential resource users, however; make decisions based on private costs and benefits, not social costs and …

Two Concepts Of Irreversible Environmental Harm, Cass R. Sunstein

Public Law and Legal Theory Working Papers

The concept of “irreversibility” plays a large role in the theory and practice of environmental protection. Indeed, the concept is explicit in some statements of the Precautionary Principle. But the idea of irreversibility remains poorly defined. Because time is linear, any loss is, in a sense, irreversible. On one approach, drawn from environmental economics, irreversibility might be understood as a reference to the value associated with taking precautionary steps that maintain flexibility for an uncertain future (“option value”). On another approach, drawn from environmental ethics, irreversibility might be understood to refer to the qualitatively distinctive nature of certain environmental harms—a …

Which States Have The Best (And Worst) High Courts?, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati

Public Law and Legal Theory Working Papers

No abstract provided.

Appendix B: "Federal Employees Part-Time Career Employment Act Of 1978", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

A sampling of government reports on Workplace Flexibility from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Appendix A: "Definition Of Workplace Flexibility", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

A definition of Workplace Flexibility from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

April 30, 2008: Healthy Secularism, Bruce Ledewitz

Hallowed Secularism

Healthy Secularism

Government Incentives To Change Employer Behavior, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

Through various incentive mechanisms, the U.S. government has sought to shape and change the ways in which American businesses operate in a wide range of industries.

This fact sheet discuss a few examples of the ways the government can incentivize employer behavior through recognition and awards programs, and through government financing.

The Business Case For Flexible Work Arrangements, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

The business case for flexibility aims to outline the documented positive effects on businesses when they provide their workers with options to work less or to have more discretion over when, where and how their work is done.

This brief fact sheet lists some of the key findings from research on the business case for flexible work arrangements.

Sources For Statistical Data On Flexible Work Arrangements, Shelley Waters Boots, Anna Danziger

Memos and Fact Sheets

From the Department of Labor, the best survey for flexibility data comes from the Current Population Survey (CPS). The CPS is a monthly survey of 60,000 households that provides data on the labor force, employment, unemployment, and persons not in the labor force.

The benefit of the CPS is that it is large, reliable, and the sample is carefully weighted to provide nationally representative estimates. It also has a significant amount of other data, including a large amount of information on employee characteristics, occupation and industry classifications, and work schedules. The drawbacks however, are that the questions on flexibility are …

Leading By Example: Making Government A Model For Hiring And Retaining Older Workers: Hearing Before The S. Spec. Comm. On Aging, 110th Cong., Apr. 30, 2008 (Statement Of Chai R. Feldblum, Geo. U. L. Center), Chai R. Feldblum

Testimony Before Congress

No abstract provided.

Memo On The Impact Of The United Kingdom's Flexible Working Act, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

Since taking effect in 2003, the United Kingdom’s Flexible Working Act has granted parents with children under the age of 6, or with disabled children under the age of 18, the right to request flexible working arrangements from their employers if they have been employed for at least 6 months. This legislation’s provisions were expanded to include employees with adult caregiving responsibilities beginning in 2007, and the government is in the process of planning formal public consultations to extend the law further to include parents of older children.i The law was enacted following a process of consultation with employees and …

A Comparison Of Men’S And Women’S Access To And Use Of Fwas, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

This fact sheet contains information about men's and women's access to and use of certain types of flexible work arrangements (FWAs). The data also includes information about men's and women's attitudes and preferences concerning flexibility. The data suggests far more similarities than differences in men's and women's access to and use of these FWAs.

Beberapa Catatan Atas Permasalahan Treaty Di Indonesia, Ko Kwan Sik

Indonesian Journal of International Law

It is always interesting to analyze how a state treats a treaty which has been ratified in its own national legal system. Recently there was a seminat organized by Center for International Law Studies and Ministry of Foreign Affairs overviewed certain affairs regarding implementation of treaties in Indonesia. This article tries to answer certain important questions arising in the practives of Indonesian government toward application of treaties, including those issues relating to the Law No.24 Year 2000 on Treaties, as provided in the Term of Reference (TOR) of the Seminar [Editorial Note]

Bilateral Cooperation Between Indonesia And Malaysia In Combating Transnational Crime, Muhammad Mustofa

Indonesian Journal of International Law

This paper us discuss that bilateral cooperation between Indonesia and Malaysia in combating transnational crime or trans-border crime. First of all, it should be based on understanding the root of the problem in trans-border crime problems. Furthermore, the effective bilateral cooperation can occur when notice the same aspects in the definition of the crime, the existence of law, the recognition of the evidence, extradition agreement, and the network information between the states.

Kajian Akademis (Teoritis Dan Praktis) Atas Undang-Undang Nomor 24 Tahun 2000 Tentang Perjanjian Internasional Berdasarkan Hukum Perjanjian Internasional, I Wayan Partiana

Indonesian Journal of International Law

There are a lot of various toward The Law on Treaties which has been enacted by the Government of Indonesia back in 2000, including whether it has been implemented properly or interpreted correctly. This article tries to discuss certain academic analysis upon the Law No. 24 Year 2000 on Treaties from the Law of Treaties point of view.

Kedudukan Hukum Internasional Dalam Sistem Hukum Nasional, Melda Kamil Ariadno

Indonesian Journal of International Law

In every discussion regarding international law principles, the doctine of applicaion of treaties in national legal system, as usually reffered as the relaton between international law and national law, always becomes the major topic. States have its own way to determine the relation between two legal systems, as to consider which treaties would be directly applied in national legal system and which ones would need implementing regulations after its ratification.

Hukum Yang Dipergunakan Dalam Kontrak Dagang Internasional, Sri Laksmi Anindita

Indonesian Journal of International Law

International business contract basically is an agreement between two or more parties which has certain commercial value, where there is a foreign element. Nevertheless, the party in the international business contract has to be a legal entity which has the capability to act before the law. Furthermore, drafting an international business contract should not breach the regulation that govern the parties and formal regulation as where the contract is signed and prevailed. In an international business contract, it is common to mention the dispute settlement mechanism and the choice of law which will be used if a dispute arises. The …

Catatan Atas Masalah Aktual Perjanjian Internasional, Hikmahanto Juwana

Indonesian Journal of International Law

The matter of treaty is always be interesting to discuss, especially when it somes to the question whether a state will regard a treaty which has been ratified as a part of national law that could be directly executed or not. Many opinions from various experts have been spelt out in different media. This article will discuss various aspects of treaty especially in Indonesian legal system, which was previously presented in a seminar organized by Center for International Law Studies and Ministry of Foreign Affairs overviewed certain affairs regarding implementation of treaties in Indonesia.

Berbagi Isu Aktual Dalam Pelaksanaan Undang-Undang Perjanjian Internasional, Achmad Zen Umar Purba

Indonesian Journal of International Law

Despite controversial issue upon the implementation of the Law No. 24 Year 2000 on treaties, the treaty itself was a high achievement in Indonesian national legal system. This article explains certain matters arising in the implementation of treaties in Indonesia. The thoughts were given in a seminar organized by Center for International Law Studies and Ministry of Foreign Affairs overviewed certain affairs regarding implementation of treaties in Indonesia.