Law Commons^™

Interview With Bob Graham By Brien Williams, Daniel 'Bob' Robert Graham

George J. Mitchell Oral History Project

Biographical Note
Daniel Robert “Bob” Graham was born November 9, 1936, in Florida. In 1959 he received a degree in political science from the University of Florida, and he earned a law degree from Harvard University in 1962. He was elected to the Florida House of Representatives in 1966 and to the Florida State Senate in 1970. He served as governor of Florida from 1979-1987 and as U.S. senator from 1987-2005. While in the Senate, he served as chair of the Senate Intelligence Committee. In 2004, he ran unsuccessfully in the Democratic presidential primary race. Since 2005, he has taught …

Nothing But A Northern Lynching: The Death Of Fred Hampton Revisited, Susan Rutberg

Publications

No abstract provided.

The International Trade Commission: Potential Bias, Hold-Up, And The Need For Reform, William Dolan

Duke Law & Technology Review

The International Trade Commission (ITC) is an alternate venue for holders of U.S. patents to pursue litigation against infringing products produced abroad and imported to the United States. Because the ITC may only grant injunctive relief, it has awarded injunctions in situations where there may have been better and more efficient remedies to the infringement available through litigation in federal district court. The increased likelihood of injunctive relief bolsters the position of patent holders against a wide range of producers in royalty negotiations and can harm the end consumers through a process known as "patent hold-up." There are currently sweeping …

Policing The Good Guys: Regulation Of The Charitable Sector Through A Federal Charity Oversight Board, Terri Lynn Helge

Faculty Scholarship

Recently, public confidence in the charitable sector has eroded due to a barrage of media reports on scandals and abuses. The principal parties charged with regulation of the charitable sector, the Internal Revenue Service and state attorneys general, are saddled with bureaucratic constraints that make it difficult to enforce the laws governing the fiduciary responsibilities of charity managers. Substantial reform in the regulation of charitable organizations is necessary to curb the reported abuses that have undermined confidence in the charitable sector.

Some advocate expanding private regulation of the charitable sector to improve enforcement of the fiduciary responsibilities of charitable managers. …

For Both Love And Money: Viviana Zelizer's "The Purchase Of Intimacy", Martha M. Ertman

Martha M. Ertman

Viviana Zelizer’s recent book, The Purchase of Intimacy (2005) presents an innovative theory of how social and legal actors negotiate rights and obligations when money changes hands in intimate relationships--a perspective that could change how we understand many things, from valuations of homemaking labor to the 9/11 Victim Compensation Fund. This essay describes Zelizer’s critique of the reductionist “Hostile Worlds” and “Nothing But” approaches to economic exchange in intimate relationships, then explains her more three-dimensional approach, “Connected Lives.” While Zelizer focuses on family law, the essay goes beyond that context, extending Zelizer’s approach to transfers of genetic material, and concluding …

Bonding Limited Liability, Robert J. Rhee

Robert Rhee

Limited liability is considered a “birthright” of corporations. The concept is entrenched in legal theory, and it is a fixed reality of the political economy. But it remains controversial. Scholarly debate has been engaged in absolute terms of defending the rule or advocating its abrogation. Though compelling, these polar positions, often expressed in abstract arguments, are associated with disquieting effects. Without limited liability, efficiency may be severely compromised. With it, involuntary tort creditors bear some of the cost of an enterprise. Most other proposals for reforming limited liability have been incremental, such as modifying veil piercing. However, neither absolutism nor …

Multiculturalism: A Challenge For Modern Criminal Justice. A Latin American Perspective, Raúl A. Carnevali

Raúl A. Carnevali

Increased migratory flow has given rise to the formation of culturally heterogeneous societies, and with it the discussion of multicultural states. Specifically, what we call multiculturalism is presenting new challenges for criminal law, as certain conduct may be evaluated differently according to the cultural context of the perpetrator. In order to determine the scope of multiculturalism and exactly how criminal law should deal with the issue, it is necessary to examine the theses that address the typical problems of cultural diversity, specifically, liberalism and communitarianism. One can then understand what is meant by “culturally motivated crimes” and whether the key …

Certificacion De Una Acción De Clase, Gabriel Martinez Medrano

Gabriel Martinez Medrano

Analisis del sistema de class actions en Argentina con posterioridad al leading case de la Corte Suprema "Halabi"

Market Definition, Jonathan Baker, Lawrence White, Eduardo Perez Motta, Joseph Simons

Presentations

The Department of Justice and the Federal Trade Commission (FTC) solicited public comments and held joint public workshops to explore the possibility of updating the Horizontal Merger Guidelines that are used by both agencies to evaluate the potential competitive effects of mergers and acquistions. The goal of the workshops was to determine whether the Horizontal Merger Guidelines accurately reflect the current practice of merger review at the Department and the FTC as well as to take into account legal and economic developments that have occurred since the last significant Guidelines revision in 1992.

Summary Of Ouanbengboune V. State, 125 Nev. Adv. Op. No. 56, Ammon Francom

Nevada Supreme Court Summaries

An appeal from an Eighth Judicial District Court judgment of conviction, pursuant to a jury verdict, of first-degree murder with the use of a deadly weapon and robbery with the use of a deadly weapon.

The Changing Role Of The Australian Industrial Relations Commission In Resolving Workplace Disputes, Amanda Coulthard

Amanda Coulthard

Extract: The substantive provisions of the Work Choices amendments to the Workplace Relations Act 1996 (Cth) came into effect on 27 March 2006. Work Choices fundamentally alters the regulation of workplace relations in Australia. It creates a (almost) national workplace relations system through its application of the constitutional corporations and by largely overriding the industrial relations legislation of the States and Territories. Significant among the changes made by Work Choices is the change to the traditional dispute resolution role performed by the Australian Industrial Relations Commission (the AIRC).

The Role Of Ombudsmen In Assuring Quality For Residents Of Long-Term Care Facilities: Straining To Make Ends Meet, Carol O'Shaughnessy

National Health Policy Forum

Assuring quality of care for residents in long-term care facilities has been a serious and continuing concern of policymakers for decades. The Older Americans Act’s long-term care ombudsman program is a consumer advocacy model intended to improve quality of care by helping the 2.5 million residents of almost 67,000 nursing and other residential care facilities resolve complaints about their care and protect their rights. Despite broad recognition of its value in assisting residents and its efforts to complement federal and state oversight of long-term care facilities, some observers are concerned about the program’s ability to meet its legislative mandates. Limited …

India And Asean : An Enduring Partnership, Brajesh Rajak

Brajesh rajak

This paper analyses the enduring partnership between India and ASEAN and the reasons for the proximity between the two. It details why India has adopted a “Look-East” policy, what the policy is, its necessity and whether it is a success or failure. The article also scrutinises the steps taken by the Indian government to improve relations with ASEAN countries, the obstructions in the way and finally looks at the ASEAN–India free trade agreement.

December 2, 2009: Is Islam Different?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Islam Different?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Now More Than Ever: Expanding Access To Justice In Times Of Crisis, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

The Future Of Civil Legal Aid: Initial Thoughts, Alan W. Houseman

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Looking Behind The “Protection Gap”: The Moral Obligation Of The State To Necessitous Immigrants, Tally Kritzman-Amir

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

The New Concept Of Loyalty In Corporate Law, Andrew S. Gold

Faculty Scholarship

No abstract provided.

Hope Over Experience?, Cath Collins

Human Rights & Human Welfare

Writing about US human rights policy from the outside is always a disconcerting experience. All bets are off, and all assumptions are turned on their head. Assumptions from the South looking North are that, rhetoric aside, US interests rarely if ever feature human rights protection and promotion in first place. What’s more, they have very frequently featured the opposite: dirty tricks, torture and rendition were sadly familiar to students of Latin American history long before Guantanamo. The Clinton years went some way towards reining in the more blatant contradictions of the 1980s, but they also set in train the easy …

The Limits Of Executive Power, Robert J. Reinstein

American University Law Review

Justice Jackson’s concurring opinion in The Steel Seizure Case has taken on iconic status among legal scholars and had been adopted by the Supreme Court as the governing framework for evaluating presidential power. But Jackson’s principles are conclusory, do not rest on any historical foundation, and raise as many questions as they answer. He fails to examine, much less justify, the existence or scope of implied presidential powers, nor does he meaningfully explain the extent to which those powers are subject to congressional regulation and override. I apply novel originalist methodologies to answer those unexamined questions, with important consequences to …

Turning The Faucet Back On: The Future Of Mccain-Feingold's Soft-Money Ban After Davis V. Federal Election Commission, Kevin J. Madden

American University Law Review

No abstract provided.

Product Placement Or Pure Entertainment? Critiquing A Copyright-Preemption Proposal, Kristen E. Riccard

American University Law Review

No abstract provided.

Public Use, Public Choice, And The Urban Growth Machine: Competing Political Economies Of Takings Law, Daniel A. Lyons

University of Michigan Journal of Law Reform

The Kelo decision has unleashed a tidal wave of legislative reforms ostensibly seeking to control eminent domain abuse. But as a policy matter, it is impossible to determine what limits should be placed upon local government without understanding how cities grow and develop, and how local governments make decisions to shape the communities over which they preside. This Article examines takings through two very different models of urban political economy: public choice theory and the quasi-Marxist Urban Growth Machine model. These models approach takings from diametrically opposite perspectives, and offer differing perspectives at the margin regarding proper and improper condemnations. …

A New Era Of Tax Enforcement: From 'Big Stick' To Responsive Regulation, Sagit Leviner

University of Michigan Journal of Law Reform

This Article explores the economics of crime and compliance as the dominant approach to U.S. tax enforcement of the past three and a half decades. It evaluates the key advantages and disadvantages of the economic model as well as its application to tax. The Article then addresses the multiplicity of taxpayer behavior and the need and prospect of balancing the economically conceived methods of detection and punishment against other, more cooperative, means and developing a broader approach to tax enforcement more generally. The Article explores responsive regulation as a case study for an alternative method to tax enforcement that heavily …

Penalizing Poverty: Making Criminal Defendants Pay For Their Court-Appointed Counsel Through Recoupment And Contribution, Helen A. Anderson

University of Michigan Journal of Law Reform

Over thirty years ago the United States Supreme Court upheld an Oregon statute that allowed sentencing courts, with a number of important procedural safeguards, to impose on indigent criminal defendants the obligation to repay the cost of their court appointed attorneys. The practice of ordering recoupment or contribution (application fees or co-pays) of public defender attorney's fees is widespread, although collection rates are unsurprisingly low. Developments since the Court's decision in Fuller v. Oregon show that not only is recoupment not cost-effective, but it too easily becomes an aspect of punishment, rather than legitimate cost recovery. In a number of …

Comfortably Numb: Medicalizing (And Mitigating) Pain-And-Suffering Damages, Lars Noah

University of Michigan Journal of Law Reform

Among the compensatory damages that a plaintiff may recover in tort litigation, awards for pain and suffering have attracted the most attention. Attorneys, judges, legislators, and scholars from various disciplines long have struggled to measure and make sense of this aspect of compensation for tortiously caused injuries. With the steady expansion of what falls within the rubric of nonpecuniary damages and in the types of claims eligible for such awards, to say nothing of the growth in the absolute and relative size of this portion of compensatory awards, pain-and-suffering damages have become increasingly controversial.

Although it canvasses the competing arguments …

Presidential Control Of The Elite "Non-Agency", Kimberly L. Wehle

All Faculty Scholarship

This article examines the constitutionality of legislation creating a new form of independent agency – in effect, a “non-agency” agency residing in the no-man’s land between Articles I and II of the Constitution. In the Sarbanes-Oxley Act, Congress established the Public Company Accounting Oversight Board (“PCAOB” or “Board”) and endowed it with massive governmental powers while insulating it from traditional mechanisms for ensuring accountability. Congress deemed the PCAOB not an agency, rendered it substantially immune from judicial review, empowered Board members to set their own salaries and budget, and gave the embattled Securities and Exchange Commission – not the President …

No.13 - December 2009, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Recusal And Recompense: Amending New York Recusal Law In Light Of The Judicial Pay Raise Controversy, Jeffrey T. Fiut

Buffalo Law Review

No abstract provided.