Law Commons^™

Making Law Students Client-Ready: A New Model In Legal Education, John Burwell Garvey, Anne F. Zinkin

Duke Forum for Law & Social Change

No abstract provided.

Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones

Washington Law Review

Forty years ago, at a time when the media were experiencing enormous professional change and a surge of subpoena activity, First Amendment scholar Vincent Blasi investigated the perceptions of members of the press and the impact of subpoenas within American newsrooms in a study that quickly came to be regarded as a watershed in media law. That empirical information is now a full generation old, and American journalism faces a new critical moment. The traditional press once again finds itself facing a surge of subpoenas and once again finds itself at a time of intense change—albeit on a different trajectory—as …

The Cost Of Doing Business: Corporate Vicarious Criminal Liability For The Negligent Discharge Of Oil Under The Clean Water Act, Katherine A. Swanson

Washington Law Review

In response to massive oil spills that damaged America’s waters, devastated local economies, killed wildlife, and cost taxpayers millions in clean-up costs, Congress passed the Oil Pollution Act of 1990. The Act amended the Federal Water Pollution Control Act to allow for criminal prosecution of negligent oil discharges. This Comment argues that although the plain language of the Federal Water Pollution Control Act’s negligent discharge provision is silent regarding corporate vicarious criminal liability, courts should give full effect to Congress’s intent—to protect the health and safety of the public and the environment and to stop corporations from accepting oils spills …

The Hoynes Code, Notre Dame Law School

Hoynes Code

A COMPILATION OF FACULTY RESOLUTIONS AND ADMINISTRATIVE REGULATIONS GOVERNING NOTRE DAME LAW SCHOOL

This code governs legal education at the University of Notre Dame in all programs and in all locations.

Electronic Money And The Law: Legal Realities And Future Challenges, Nobuhiko Sugiura, Jean J. Luyat

Washington International Law Journal

The following is a translation of Electronic Money and the Law: Legal Realities and Future Challenges, an essay written by Professor Nobuhiko Sugiura in the August 1, 2008 issue of the Japanese periodical Jurisuto. Stored-value cards are growing rapidly in urban areas in Japan, to a degree where they are beginning to challenge cash as a primary method of payment. In this article, Professor Sugiura outlines the growth of stored-value cards, how stored-value cards should be defined, legal structures that currently regulate stored-value cards, and how growth and technological development are likely to affect that legal structure. As Japan’s takes …

Australia's Heritage Protection Act: An Alternative To Copyright In The Struggle To Protect Communal Interests In Authored Works Of Folklore, Jake Phillips

Washington International Law Journal

Australian indigenous communities are vulnerable to communal harm inflicted by the unauthorized, derogatory use of their works of folklore. Such works are often considered sacred to indigenous communities and are granted significant protection under customary law. However, under many circumstances, the 1968 Copyright Act, the Australian law governing authored works, fails to protect works of indigenous folklore. While an amendment to the Copyright Act appears a likely next step in Australia’s efforts to recognize a community’s interest in communal works of folklore, Australia’s Heritage Protection Act represents a more appropriate and efficient vehicle for addressing unique communal interests in these …

Reaching Back To Move Forward: Using Adverse Possession To Resolve Land Conflicts In Timor-Leste, Charlotte C. Williams

Washington International Law Journal

Like many post-conflict countries, Timor-Leste grapples with land conflicts that resulted from successive waves of property dispossession. Colonized by the Portuguese, invaded and occupied by the Indonesians, and briefly administered by the United Nations, Timor-Leste’s history has produced disjointed patterns of land tenure. These land tenure systems have given rise to five separate categories of land claimants, each of whom often have conflicting interests in property. While the newly independent country has taken steps to resolve conflicting land claims through legislation, existing law does not address the longstanding tensions underlying these conflicts, making it difficult for the courts to reach …

A Tale Of Regulation In The European Union And Japan: Does Characterizing The Business Of Stored-Value Cards As A Financial Activity Impact Its Development?, Jean J. Luyat

Washington International Law Journal

The use of stored-value cards is growing rapidly in urban areas in Japan and gaining acceptance as a major means of payment. While institutional and cultural factors as well as business strategies go far in explaining the rapid growth of stored-value cards in Japan, regulation has also played an important role in enabling their use. In Japan, the regulation of stored-value cards has been mostly left to the Prepaid Card Law, which provides a comparatively simple regulatory framework with flexible capital requirements. The European Union (“EU”) and France provide a compelling counter-example to Japan; the EU has pursued a different …

Be Wise: Revise, Lisa A. Mazzie

Faculty Publications

No abstract provided.

To Catch An Entrapper: The Inadequacy Of The Entrapment Defense Globally And The Need To Reevaluate Our Current Legal Rubric, Paul W. Valentine

Pace International Law Review Online Companion

It is fair to say that a majority of us have either seen or been exposed to the hit television show To Catch a Predator on NBC. To Catch a Predator is a series of hidden investigations by the television newsmagazine Dateline NBC devoted to the subject of identifying and detaining potential child sexual abusers who contact children over the internet. The show is important because those caught by the investigators oftentimes raise the entrapment defense, but to no avail. Given the emergence of internet sting operations and covert government investigations, it is now more important than ever that the …

Public And Private Sector Legal Process Outsourcing: Moving Toward A Global Model Of Legal Expertise Deliverance, Sasha Borsand, Amar Gupta

Pace International Law Review Online Companion

Legal process outsourcing (“LPO”) involves the use of foreign lawyers to conduct, perform and apply domestic law, most often for cost-saving purposes. Large, global firms have already begun to embrace the concept of LPO, and small firms and sole practitioners are increasingly reaching out to foreign firms, seeking more efficient, lower-cost providers. Ethical considerations, liability limiting agreements, ERISA compliance, certification and oversight models are all part of the LPO landscape. This paper discusses these aspects, as well as issues related to outsourcing in non-traditional areas such as the public sector and the judiciary.

August Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

The Two Faces of Twitter: Revolution in a Digital Age. By Darrell West. The Huffington Post. July 30, 2009.

A Unified Rationale For Section 2-607(3)(A) Notification, William H. Henning, William H. Lawrence

Faculty Scholarship

An aggrieved buyer that fails to give its seller timely notification of breach, or that gives a timely but insufficient notification, suffers serious and sometimes catastrophic consequences under Article 2 of the Uniform Commercial Code (UCC or Code). On the serious end, a buyer entitled to reject must provide its seller with a timely notification that makes it clear that the goods again belong to the seller, with failure as to either timeliness or sufficiency resulting in acceptance rather than rejection. Obvious policy rationales support both requirements. The timeliness requirement creates an incentive for a buyer to exercise its inspection …

Twitter And Youtube: Positive Developments For Human Rights Protection?, Nicola Colbran

Human Rights & Human Welfare

A number of statements have been made regarding the benefit to human rights protection of advances in technology. However, can these advances also have a negative impact?

Focusing on instant messaging and social network services such as Twitter and YouTube, the positives are quickly apparent. They can draw immediate attention to human rights violations that may otherwise go unnoticed, allow interested parties to stay abreast of developments in the protection of human rights, and create strength and courage in numbers for action that may not be anticipated by the perpetrator. These services also enable human rights activists to tweet their …

Center For Terrorism Law: Monthly Activity Report, 2009-08, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Depoliticizing Judicial Review Of Agency Rulemaking, Scott A. Keller

Washington Law Review

Administrative law doctrines for reviewing agency rulemaking, such as the Supreme Court’s dicta in Motor Vehicle Manufacturers Ass’n v. State Farm Mutual Automobile Insurance Co. and the D.C. Circuit’s hard look doctrine, give judges significant discretion to invalidate agency rules. Many commentators recognize that this discretion politicizes judicial review of agency rulemaking, as judges appointed by a president of one political party are more likely to invalidate agency rules promulgated under the presidential administration of a different political party. Unelected judges, though, should not be able to use indeterminate administrative law doctrines to invalidate agency rules on the basis …

Urbanites Versus Rural Rights: Contest Of Local Government Land-Use Regulations Under Washington Preemption Statute 82.02.020, Donya Williamson

Washington Law Review

In Citizens’ Alliance for Property Rights v. Sims, the Court of Appeals of Washington held that King County clearing and grading regulations—recently enacted pursuant to the Washington State Growth Management Act—constitute an unlawful “tax, fee, or charge” on the development of land, thereby violating a Washington excise tax preemption statute. The court ruled that the clearing limitations do not qualify under the statutory exception for mitigation of development impacts since they are not calculated on a site-by-site basis. This Note argues that the ruling greatly expands the scope of this statutory limitation on local land-use regulation, compromises Growth Management …

Ninth Circuit V. Board Of Immigration Appeals: Defining "Sexual Abuse Of A Minor" After Estrada-Espinoza V. Mukasey, Enoka Herat

Washington Law Review

Under the Immigration and Nationality Act (INA), lawful permanent residents are rendered removable if they commit an “aggravated felony” at any time after they are admitted into the United States. Significant interpretive issues arise in determining whether a non-citizen’s state-based criminal conviction meets the INA’s definition of an aggravated felony. One aggravated felony enumerated in the INA is “sexual abuse of a minor.” The Board of Immigration Appeals (BIA) has interpreted the phrase using a broad federal definition as a guide. In Estrada-Espinoza v. Mukasey, however, the Ninth Circuit declined to defer to the BIA’s interpretation because the BIA’s …

Judging Journalism: The Turn Toward Privacy And Judicial Regulation Of The Press, Amy Gajda

Faculty Scholarship

No abstract provided.

Motions 2009 Volume 45 Special Edition, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Equity In Reforming The Tax Treatment Of Health Insurance Premiums, Janene R. Finley, Amanda M. Grossman

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

A Circuit Split: Interpretation Of The Equal Terms Provision Of The Religious Land Use And Institutionalized Persons Act, Misha C. Jacob-Warren

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Lurking Behind The Shadow Of Enduring Reform? School Funding And New Jersey's School Funding Reform Act Of 2008, Jeremiah Lenihan

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Museletter: August 2009, Suzanne Corriell

Museletter

This Issue:

Welcome New and Returning Students by Timothy L. Coggins

Law Library Food and Drink Policy

A Quick Guide to Public Services

Cell Phone Policy

Recent Law Library Acquisitions

E-Voting And Forensics: Prying Open The Black Box, Candice Hoke, Sean Peisert, Matt Bishop, Mark Graff, David Jefferson

Law Faculty Articles and Essays

Over the past six years, the nation has moved rapidly from punch cards and levers to electronic voting systems. These new systems have occasionally presented election officials with puzzling technical irregularities. The national experience has included unexpected and unexplained incidents in each phase of the election process: preparations, balloting, tabulation, and reporting results. Quick technical or managerial assessment can often identify the cause of the problem, leading to a simple and effective solution. But other times, the cause and scope of anomalies cannot be determined. In this paper, we describe the application of a model of forensics to the types …

Georgia Law Review Editorial And Managing Boards, 2009-2010, Georgia Law Review

Materials from All Student Organizations

No abstract provided.

Eva And Her Baby (A Story Of Adolescent Sex, Pregnancy, Longing, Love, Loneliness, And Death), Michelle Oberman

Faculty Publications

I want to tell you the story of how I've come to see a woman I call Eva. It's more than just Eva's story, which is interesting in itself; it's also my story, puny like a pinky.

The story starts on a frigid February morning in 1992, when my friend Jack, a criminal defense lawyer with a solo-practice in downtown Chicago, called to talk with me about his sixteen-year-old client, Eva, who had hidden her pregnancy from her family and then given birth in a toilet. Her case was going to trial. He had never heard a story like hers. …

Bringing Sexual Orientation And Gender Identity Into The Tax Classroom, Anthony C. Infanti

Journal of Legal Education

No abstract provided.

Reproductive Rights In The Legal Academy: A New Role For Transnational Law, Martha F. Davis, Bethany Withers

Journal of Legal Education

No abstract provided.

Religious Law Schools: Tension Between Conscience And Academic Freedom, Kent Greenawalt

Journal of Legal Education

No abstract provided.