Law Commons^™

Supreme Court Brief Of Dr. Ananda Chakrabarty As Amicus Curiae In Support Of Petitioners, F. Scott Kieff, Richard A. Epstein

Public Law and Legal Theory Working Papers

No abstract provided.

The Unbounded Home, Property Values Beyond Property Lines, Lee Anne Fennell

Public Law and Legal Theory Working Papers

No abstract provided.

Against Feasibility Analysis, Eric A. Posner, Jonathan Masur

Public Law and Legal Theory Working Papers

Feasibility analysis, a method of evaluating government regulations, has emerged as the major alternative to cost-benefit analysis. Although regulatory agencies have used feasibility analysis (in some contexts called “technology-based” analysis) longer than cost-benefit analysis, feasibility analysis has received far less attention in the scholarly literature. In recent years, however, critics of cost-benefit analysis have offered feasibility analysis as a superior alternative. We advance the debate by uncovering the analytic structure of feasibility analysis and its normative premises, and then criticizing them. Our account builds on two examples of feasibility analysis, one conducted by OSHA and the other by EPA. We …

Book Review Of Global Responsibility For Human Rights: World Poverty And The Development Of International Law, Michael Ashley Stein

Faculty Publications

No abstract provided.

The Medicare Drug Benefit: Update On The Low-Income Subsidy, Mary Ellen Stahlman

National Health Policy Forum

The Medicare drug benefit (Medicare "Part D"), provides federal subsidies to pay premiums and cost sharing for low-income beneficiaries—almost 10 million in 2009. Yet there are several policy issues concerning these low-income beneficiaries under Part D. First, over 2 million individuals who may qualify for the subsidies have not enrolled. Second, in some states, low-income beneficiaries have little choice of plans (while non-low-income beneficiaries have dozens of choices), unless they pay out-of-pocket for premium amounts above what the subsidy covers. And third, millions of those who have enrolled in the benefit face the prospect each year of switching drug plans …

State Sovereignity In Airspace, Priyatna Abdurrasyid

Indonesian Journal of International Law

This article concentrates on the overall development of the historical air sovereignty concept since the time of Socrates/Plato, Ptolemius, Copernicus, Galilei-Galileo, Einstein and Stephen Hawkings. In 1994, finally, this air sovereignty concept was strongly embedded in Article 1 of the Chicago Convention 1944, after being analyzed/regulated at the Diplomatic Conference and the Paris Convention 1919.

Kewenangan Electoral Management Bodies Dalam Menangani Tindak Pidana Pemilu Dalam Perspektif Perbandingan, Topo Santoso

Indonesian Journal of International Law

This article discusses the role and power of the electoral management body regarding settlement of election irregularities. Every jurisdiction has its own approach and mechanism to prevent, oversee, and punish the perpetrator of the election irregularities and election offences. This article overview the differences of the Electoral Body’s role and power in the election offences settlement process. The conclusion is that, the role and power of the Philippine’s Electoral Commission (Comelec) is the widest and strongest compare to three other countries (Indonesia, Malaysia, Singapore). In order to have more effective settlement process, this article comes to the conclusion that the …

Wilayah Udara Negara (State Air Territory) Ditinjau Dari Segi Hukum Internasional Dan Nasional Indonesia, E. Saefullah Wiradipradja

Indonesian Journal of International Law

The status of air territory has now been regulated by international law and every State has sovereignty over the air space (Chicago Convention, 1944). The problem of State sovereignty over the air space arose as the effect of the technologcial aspect of aviation and especially at the time of war which launched projectiles and explosives from balloons or other methods of a similar nature over the air space of another States. The article 33 (3) of 1945 Constitution states only “land and waters” to be controlled and to be used by government for the greatest of social prosperity, but it …

Strategi Pengelolaan Dan Pertahanan Wilyaha Perbatasan Udara Republik Indonesia: Tantangan Aspek Politik, Yuridis, Dan Operasional, Mufti Makaariim

Indonesian Journal of International Law

This article is written in order to answer an issue management and defense in Indonesian air territory. Nowadays, we need to build management strategy and defense system to dealing with threat in the decent manner. Defense system in territory is less adequate compared to defense system at land and sea. Thus, every obstacles starting from political level and legislation must be our concern. Defense system in the air territory must also be our future priority regarding the use of natural resources for the benefit of Indonesian people.

Wilayah Udara Indonesia: Sudahkah Kita Memanfaatkannya Dan Menjaganya?, Harry P. Haryono

Indonesian Journal of International Law

Controversy always occurs in outerspace discussion where is no official definition of outerspace in any international regulations. The provisions set in Chicago Convention are also not enough to define the meaning of air space of a country and how to use it properly. Still controversy came one after another. In the absence of this provision, State often use other International Convention as an analogy to define their air territory such as UNCLOS 1982. Indonesia as an archipelagic state, who brings the issue of archipelagic state to the Third UN Conference on the Law of the Sea, has done many efforts …

Razing The Citizen: Economic Inequality, Gender, And Marriage Tax Reform, Martha T. Mccluskey

Contributions to Books

Published as Chapter 12 in Gender Equality: Dimensions of Women's Equal Citizenship, Linda C. McClain & Joanna L. Grossman, eds.

This chapter links the failure of U.S. social citizenship ideals to a broader weakness in U.S. ideas citizenship. To better advance policies of economic equality, U.S. law and politics needs a stronger vision not just of economic equality, but of gender equality and of democracy in general. Feminist scholars have analyzed how ideas about gender help shape the common assumption that the costs of raising and sustaining capable, productive citizens are largely private family responsibilities. But ideas about gender also …

July 30, 2009: Jesus Is Back In The Legislature, Thank God, Bruce Ledewitz

Hallowed Secularism

Blog post, “Jesus is Back in the Legislature, Thank God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Summary Of Funderburk V. State, 125 Nev. Adv. Op. No. 25, James Conway

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, upon a jury verdict, of two counts of burglary while in possession of a deadly weapon, two counts of conspiracy to commit robbery, and four counts of robbery with use of a deadly weapon.

Cyber-Territoriality, Timothy Zick

Popular Media

No abstract provided.

Virginia Bar Exam, July 2009, Section 1

Virginia Bar Exam Archive

No abstract provided.

Virginia Bar Exam, July 2009, Section 2

Virginia Bar Exam Archive

No abstract provided.

How The American Recovery And Reinvestment Act Of 2009 Changed Hipaa’S Privacy Requirements, Corrine Parver

Newsletters & Other Publications

The 2009 economic stimulus bill, known as the American Recovery and Reinvestment Act (ARRA), significantly affects the health care industry by imposing more stringent and expansive requirements under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy and security provisions, most especially on key players in the the health care industry while simultaneously strengthening the enforcement of such provisions. Title XIII of Division A and Title IV of Division of ARRA collectively are known as the "HITECH Act." Because the majority of ARRA's changes to HIPAA appear in Subtitle D of Title XIII of ARRA, entitled, "Privacy," Subtitle …

Constitutional Domain And The Court, Timothy Zick

Popular Media

No abstract provided.

July 27, 2009: Food Inc., Bruce Ledewitz

Hallowed Secularism

Blog post, “Food Inc.“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Dark Side Of Territoriality, Timothy Zick

Popular Media

No abstract provided.

Persuasive Arguments For Establishing An Institutional Repository, James M. Donovan, Carol A. Watson

Presentations

Presents the business case for creating an institutional repository (IR), including a comparison of the advantages and disadvantages with Social Science Research Network (SSRN); offers advice on obtaining faculty buy-in to the project in order to obtain content; reviews copyright right issues involved in depositing published materials into the repository; and suggests ways in which creating a repository can build relationships beyond the institution.

Keeping The Government's Religion Pure: Pleasant Grove City V. Summum, Christopher C. Lund

NULR Online

In January, the Supreme Court decided Pleasant Grove City v. Summum. Summum, a religious organization, sought the right to put up a permanent monument of its Seven Aphorisms—its version of the Ten Commandments—in a local city park. At the time, the park had about fifteen other monuments, including a traditional Ten Commandments display. But this was a Free Speech case, not an Establishment Clause case. The plaintiffs were not trying to use the First Amendment to have the existing Ten Commandments display removed; they were instead trying to use the First Amendment to force the city into displaying their …

July 25, 2009: Common Ground On Everything But Abortion, Bruce Ledewitz

Hallowed Secularism

Blog post, “Common Ground on Everything But Abortion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Interest As Damages, John Y. Gotanda, Thierry J. Sénéchal

Working Paper Series

In this article, we posit that when arbitral tribunals decide international disputes, they typically fail to fully compensate claimants for the loss of the use of their money. This failure occurs because they do not acknowledge that businesses typically invest in opportunities that pose a significantly greater risk than the risk reflected in such commonly used standards as U.S. T-bills and LIBOR rates. Claimants also must share the blame when they do not set out a well-constructed claim for interest as damages. However, even when claimants do so, tribunals often award damages at a statutory rate or at rate reflecting …

July 23, 2009: What Do We Need?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Do We Need?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Worsening Foreclosure Crisis: Is It Time To Reconsider Bankruptcy Reform?: Hearing Before The Subcomm. On Administrative Oversight And The Courts Of The S. Comm. On The Judiciary, 111th Cong., July 23, 2009 (Statement Of Adam J. Levitin, Associate Prof. Of Law, Geo. U. L. Center), Adam J. Levitin

Testimony Before Congress

The clear finding from my research is that mortgage prices are largely insensitive to bankruptcy modification risk. Permitting bankruptcy modification is unlikely to result in higher mortgage costs or lower mortgage credit availability.

The foreclosure crisis is not about to stop any time soon. Judicially-supervised restructuring of mortgages is the only tool we have left in the box. It's a tool we know can work. It's a tool that can save hundreds of thousands of families their homes and help stabilize communities, housing markets, and the economy. It's time to use it.

Establishing A Framework For Systemic Risk Regulation: Hearing Before The S. Comm. On Banking, Housing And Urban Affairs, 111th Cong., July 23, 2009 (Statement Of Daniel K. Tarullo, Geo. U. L. Center), Daniel K. Tarullo

Testimony Before Congress

No abstract provided.

Summary Of Mcconnell V. State, 125 Nev. Adv. Op. No. 24, Ian Houston

Nevada Supreme Court Summaries

Appeal from an order of the district court dismissing appellant’s post-conviction petition for a writ of habeas corpus in a death penalty case.

Accomodating Respectful Religious Expression In The Workplace, Nantiya Ruan

Marquette Law Review

None

Advertising Trends And Consumer Protection: Hearing Before The S. Comm. On Commerce, Science And Transportation, 111th Cong., July 22, 2009 (Statement Of David Vladeck, Geo. U. L. Center), David C. Vladeck

Testimony Before Congress

No abstract provided.