Law Commons^™

Raising The Bar: How The Seventh Circuit Nearly Struck Down The Diploma Privilege Under The Dormant Commerce Clause, Paul C. Huddle

Seventh Circuit Review

In Wiesmueller v. Kosobucki, the Seventh Circuit considered whether the Wisconsin diploma privilege violated the dormant Commerce Clause of the United States Constitution. The diploma privilege grants graduates of the University of Wisconsin Law School and Marquette University Law School admission to the Wisconsin bar without examination. This privilege does not extend to graduates of other ABA-accredited law schools who desire to practice in Wisconsin. Because the issue was dismissed prematurely in the lower court, the Seventh Circuit declined to decide the issue. Nonetheless, the Seventh Circuit suggested that the diploma privilege arbitrarily discriminated against interstate commerce. This Comment …

Should They Stay Or Should They Go: Applying The Forum Non Conveniens Doctrine To Foreign Plaintiffs Injured Abroad In Abad V. Bayer Corporation, Leah B. Moon

Seventh Circuit Review

To prevent plaintiffs from harassing the defendant or engaging in forum-shopping, the common law doctrine of forum non conveniens permits trial courts to dismiss a foreign plaintiff's suit, over which it would normally have jurisdiction, if both the parties' convenience and the ends of justice are best served by dismissal. Supreme Court precedent requires courts to weigh a number of private and public interest factors, and gives foreign plaintiffs less deference in their choice of forum than a domestic plaintiff. Applying this test in Abad v. Bayer Corporation, the Seventh Circuit upheld the dismissal of two cases involving Argentinean …

True To The Fable?: Examining The Appropriate Reach Of Cat's Paw Liability, Emily M. Kepner

Seventh Circuit Review

In its recent decision in Staub v. Proctor Hospital, the Seventh Circuit clarified its approach to the colorfully named "cat's paw" theory of employment discrimination. The cat's paw doctrine holds employers vicariously liable when an employee involved in the decisionmaking process, other than the non-biased formal decisionmaker, possessed discriminatory intent. Currently, the circuits disagree about how much control the biased employee must possess over the decisionmaker to impose liability on the employer. In Staub, the Seventh Circuit held that liability should be imposed only when the biased employee possessed "singular influence" over the formal decisionmaker, aligning the court …

Finding Intent Without Mens Rea: A Modified Categorical Approach To Sentencing Under The United States Sentencing Guidelines, Amanda J. Schackart

Seventh Circuit Review

This Comment considers whether reckless homicide should be considered a "crime of violence" under the United States Sentencing Guidelines. The Guidelines provide for a sentence enhancement for those defendants who are labeled as career offenders. Career offenders are those individuals who have at least three convictions for either drug offenses or "crimes of violence." In United States v. Begay, the United States Supreme Court held that in order for a predicate offense to be a crime of violence, the crime must be "purposeful, aggressive, and violent." The Seventh Circuit recently held in United States v. Woods that reckless homicide …

Prisoners And Public Employees: Bridges To A New Future In Prisoners' Free Speech Retaliation Claims, Matthew D. Rose

Seventh Circuit Review

In Bridges v. Gilbert, the Seventh Circuit considered the question of whether prisoners' free speech, like the free speech of public employees, must involve a matter of public concern to receive First Amendment protection against governmental retaliation. Instead of holding that a prisoner's speech must involve a matter of public concern, the Seventh Circuit drew on the Supreme Court's unexamined and indeterminate test in Pell v. Procunier to hold that prisoners retained those free speech rights not inconsistent with their status as a prisoner or the legitimate penological objectives of the corrections system. This Comment traces the evolution of …

The Seventh Circuit Giveth, And The District Of Columbia Circuit Taketh Away: The National Labor Relations Board's Authority To Act Under Section 3(B) Of The National Labor Relations Act, Tyler T. Murphy

Seventh Circuit Review

On May 1, 2009, the Seventh Circuit and the D.C. Circuit issued decisions interpreting Section 3(b) of the National Labor Relations Act. In New Process Steel, LP v. NLRB, the Seventh Circuit interpreted Section 3(b) as allowing the National Labor Relations Board to issue decisions through a two-member panel. However, the D.C. Circuit declared the same two-member panel unlawful in Laurel Baye Healthcare of Lake Lanier, Inc. v. NLRB. The Supreme Court will now resolve the issue, having granted certiorari to New Process Steel. This Note argues that Section 3(b)'s plain language and legislative history fail to …

Justice In Time, Robert C. Hockett

Cornell Law Faculty Publications

Challenges raised by the subject of intergenerational justice seem often to be thought almost uniquely intractable. In particular, apparent conflicts between the core values of impartiality and efficiency raised by a large and still growing number of intertemporal impossibility results derived by Koopmans, Diamond, Basu & Mitra, and others have been taken to foreclose fruitful policy assessment done with a view to the distant future.

This Essay aims to dispel the sense of bewilderment, pessimism and attendant paralysis that afflicts intertemporal justice assessment. It works toward that end by demonstrating that the most vexing puzzles raised by questions of intergenerational …

Qualified Immunity And The Trials And Tribulations Of Online Student Speech: A Review Of Cases And Controversies From 2009, Clay Calvert

First Amendment Law Review

No abstract provided.

Sex, Lies, And The Internet: Balancing First Amendment Interests, Reputational Harm, And Privacy In The Age Of Blogs And Social Networking Sites, Robert D. Richards

First Amendment Law Review

No abstract provided.

The Case For Aerospace And Defense Spending As Economic Stimulus, Mark J. Nackman

Georgetown Law Fiscal Law and Policy Reform Briefing Papers

No abstract provided.

How To Un-Supplement A Tsunami Of Fiscal Proportions: An Examination Of The Supplemental Appropriations Process, Jonathan Black

Georgetown Law Fiscal Law and Policy Reform Briefing Papers

Article I § 9 clause 7 of the United States Constitution makes it clear that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” This single sentence provides Congress with the sole legislative authority to allocate money out of the federal treasury. Throughout the years, Congress has fleshed out this power through legislation governing how the appropriations and budgeting process should occur. Although Congress has been granted the constitutional authority to make appropriations, the President and the executive agencies that receive the funds appropriated by Congress have made themselves influential partners in this …

Foreign Policy On The Fly: Legislating Foreign Affairs In Appropriations Acts, Ariel S. Wolf

Georgetown Law Fiscal Law and Policy Reform Briefing Papers

No abstract provided.

The Forgotten Entitlements: Reforming The Congressional Budget Process To Contain The Growth Of Tax Expenditures, Robert Lepore

Georgetown Law Fiscal Law and Policy Reform Briefing Papers

No abstract provided.

Restoring The Jurisdictional Boundaries Between Authorizations And Appropriations, Franklin Logan

Georgetown Law Fiscal Law and Policy Reform Briefing Papers

No abstract provided.

A Jury Of One: Opinion Formation, Conformity, And Dissent On Juries, Nicole L. Waters, Valerie P. Hans

Cornell Law Faculty Publications

Approximately 6 percent of criminal juries hang. But, how many dissenters carry the jury, hang the jury, or conform to the majority’s wishes? This article examines the formation of individual verdict preferences, the impact of deliberation, and the role of the dissenter using data from nearly 3,500 jurors who decided felony cases. Jurors were asked: “If it were entirely up to you as a one-person jury, what would your verdict have been in this case?” Over one-third of jurors, privately, would have voted against their jury’s decision. Analyses identify the characteristics of jurors who dissent, and distinguish dissenters who hang …

2009-2010 Gsulr Masthead, Georgia State University College Of Law

Law Review Mastheads

No abstract provided.

Healing Or Homicide?: When Parents Refuse Medical Treatment For Their Children On Religious Grounds, Emily Catalano

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Torch (September 2009), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Overcoming Collective Action Failure In The Security Council: Would Direct Regional Representation Better Protect Universal Human Rights?, Noah Bialostozky

Buffalo Human Rights Law Review

No abstract provided.

Sexual Identity As A Fundamental Human Right, Anthony R. Reeves

Buffalo Human Rights Law Review

No abstract provided.

Rights And Duties Of Minorities In A Context Of Post-Colonial Self-Determination: Basques And Catalans In Contemporary Spain, Jorge Martínez Paoletti

Buffalo Human Rights Law Review

No abstract provided.

Don't Shoot The Messenger By One Of The Messengers: A Response To Merlino Et Al., Simon A. Cole

Tulsa Law Review

No abstract provided.

Context And Controversy: Why Questions Of Validity And Reliability Are Seldom Resolved In An Adversarial Setting, Mara L. Merlino, Victoria Springer

Tulsa Law Review

No abstract provided.

Symmetry, Adversarialism, Scholarly Convention, And Latent Print Identification: A Reply To Merlino And Springer, Simon A. Cole

Tulsa Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

Good Conduct Time: How Much And For Whom? The Unprincipled Approach Of The Model Penal Code, Nora V. Demleitner

Scholarly Articles

Not available.

Are Introductory Courses A Proper Venue For Deep Thought About The Discipline?, John H. Hoag, M. Neil Browne

Economics Faculty Publications

An introductory course is the discipline's handshake; it is the greeting that either seals the deal or in varying degrees convinces the learner that this discipline has little usefulness. Given the huge stakes in forming a strategy for the introductory course, how should we structure the course? The argument in this paper is that we should encourage students to think deeply about the discipline. In other words, we should encourage an appreciation for the complexity of the vocabulary, the underlying assumptions, and the kinds of evidence relied on in the discipline in question.

Technical Standards For Admission To Medical School: Deaf Candidates Don't Get No Respect, Michael Schwartz

Buffalo Public Interest Law Journal

No abstract provided.

Broken Promises: When Does A School's Failure To Implement An Individualized Education Program Deny A Disabled Student A Free And Appropriate Public Education, David Ferster

Buffalo Public Interest Law Journal

No abstract provided.

Independent Contractor Or Employee? Misclassification Of Workers And Its Effect On The State, Jenna Amato Moran

Buffalo Public Interest Law Journal

No abstract provided.