Law Commons^™

Film Reviews, Bart Bechtel

Journal of Strategic Security

No abstract provided.

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

The Forum Graduation Special (Volume 38, Number 8), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Table Of Contents, Seventh Circuit Review

Seventh Circuit Review

No abstract provided.

Preface, Sandra R. Stipp

Seventh Circuit Review

No abstract provided.

No Jury Rigging In The Court Of Appeals For The Seventh Circuit: An Analysis Of Jury Testimony To Impeach Jury Verdicts, Brian W. Reidy

Seventh Circuit Review

Following a federal jury trial, losing litigants may seek a new trial by challenging, or impeaching, the validity of the jury's verdict. It is well recognized that, unlike fine wine, steaks, and cheese, lawsuits do not improve with age because as time passes, memories fade, witnesses become unavailable, and evidence is often lost. Accordingly, society has as interest verdict finality, but few would deny a litigant, especially a criminal defendant, a new trial if the jury's verdict was tainted by something external to the protections of the courtroom. Federal Rule of Evidence 606(b) generally prohibits juror testimony to impeach a …

A Fair Share (Of Removal): Resolving A Conflict Between The Class Action Fairness Act And The Securities Act, Marina G. Aronchik

Seventh Circuit Review

In 2007, the collapse of the housing market and the developing trend of state court filings of class actions alleging violations of the Securities Act culminated into a new type of securities litigation: state court filings of class actions alleging violations of the Securities Act with respect to non-publicly traded securities in general and mortgage-backed securities in particular. Thus, it became important for defendants to remove these claims to federal court. Permitting removal of such claims appears to conflict with the Securities Act, which broadly prohibits removal of claims arising under the Securities Act. But prohibiting removal is in tension …

A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada(Aa), Gabrielle L. Goodwin

Seventh Circuit Review

In EEOC v. Lee's Log Cabin, the Seventh Circuit followed the Supreme Court precedent of the last decade that has increasingly narrowed the determination of what constitutes a disabled individual under the Americans with Disabilities Act. In 2008, Congress passed the ADA Amendments Act in an attempt to restore the ADA to its original purpose and the original vision of the ADA's drafters and supporters. Whether these amendments will produce dramatic changes in the way the administrative agencies and courts apply the ADA remains to be seen. Nonetheless, the only way the ADA or its amendments will successfully protect …

Supervisors, Sex, And The Seventh Circuit: No Should Always Mean No, Joshua I. Grant

Seventh Circuit Review

The Seventh Circuit in Tate v. Executive Management Services, Inc. faced the issue of whether an employee who rebuffs his supervisor's sexual advances engaged in the kind of opposition to an unlawful employment practice protected by Title VII's retaliation provision. The retaliation provision requires that an employee oppose any unlawful employment practice but does not define "oppose." The Eighth Circuit has held that an employee engages "the most basic form of protected activity" by rebuffing a supervisor's sexual advances. The Fifth Circuit, on the other hand, has found that an express rejection of a supervisor’s sexual advances does not qualify …

The Seventh Circuit Gives The Green Light To Red Light Cameras: An Analysis Of The Court's Application Of The Rational-Basis Test To Red Light Camera Laws, Katelyn Rose Letizia

Seventh Circuit Review

With over one million fatalities occurring every year on the world's roadways, the safety of motorists, passengers, and pedestrians is a major public policy concern. In an effort to address this policy concern and prevent roadway fatalities and accidents, communities across the county have implemented automated enforcement technology systems, such as red light cameras. Proponents of red light camera legislation believe the laws are constitutional and effective, but critics claim that such laws fail to pass the rational-basis test required of all legislation. In Idris v. City of Chicago, the Court of Appeals for the Seventh Circuit considered whether …

Ending Terrorism With Civil Remedies: Boim V. Holy Land Foundation And The Proper Framework Of Liability, Laura B. Rowe

Seventh Circuit Review

Counterterrorism experts agree that, because money is the lifeblood of terrorists, one of the most effective means of combating terrorism is eradicating vital sources of funding. Recognizing this, Congress passed legislation throughout the 1990s that holds individuals criminally liable for providing financial or other material support to terrorists or terrorist organizations. Additionally, Congress created a civil remedy for victims who are injured or killed by reason of an act of international terrorism. In the first case to utilize the 18 U.S.C. § 2333 civil cause of action, the parents of David Boim, a Jewish-American teenager killed in Israel by alleged …

Professional Social Networking: From Facebook To Linkedin, Debbie Ginsberg

Presentations

This Brown Bag session provided an overview of how to use social networks to promote yourself professionally.

Land Virtues, Eduardo M. Peñalver

Cornell Law Faculty Publications

This article has two goals. First, I explore some of the descriptive and normative shortcomings of traditional law and economics discussions of the ownership and use of land. These market-centered approaches struggle in different ways with features of land that distinguish it from other "commodities." The complexity of land - its intrinsic complexity, but even more importantly the complex ways in which human beings interact with it - undermines the notion that owners will focus on a single value, such as wealth, in making decisions about their land. Adding to the equation land's "memory," by which I mean the combined …

The Significance Of The Implied Mutual Duty Of Trust And Confidence In The Employment Relationship, Katie Mcdermott

Dissertations

Objectives: 1. Trace the development of the implied duty in the both the Irish and English jurisdiction. 2. Analyse the types of behaviour which will fall foul of the obligation to maintain trust and confidence. 3. Ascertain the limits of the implied duty. 4. Assess the current judicial climate following the first Supreme Court decision on the duty implied. 5. Consider the implications of the implied duty on certain areas of employment law. 6. Determine the potential for further development of the implied duty. Methods: Qualitative and Quantitative Research Conclusions: 1. The implied obligation is critically important in relation to …

Beyond Economic Data: Softer, Subjective Indicators Of A Nation’S Well-Being, Knowledge@Smu

Knowledge@SMU

A society, fuelled by trust and cooperation, should rank highly on life satisfaction and happiness. Traditional measures of well-being, however, largely overlook these factors, and rely mostly on economic data. In the paper, “The well-being of nations: linking together trust, cooperation and democracy”, William Tov, a social science professor at Singapore Management University (SMU), discusses the social implications of well-being for individuals and society at large.

Greening Historic Dc: Challenges And Opportunities To Incorporate Historic Preservation Into The District's Drive For Sustainable Development, Andrew Stein

Georgetown Law Historic Preservation Papers Series

This paper focuses primarily on the District of Columbia, a city with a robust past and a bold agenda for a sustainable future. However, it may not be obvious why historic preservation - a movement typically concerned with aesthetics - can play an integral role in a city's sustainability initiative. Therefore, this paper first sets forth the basic argument why historic preservation can be a tool to promote sustainable development. Part II examines the scientific data indicating that historic preservation is a green building practice. Next, Part III posits that investment in historic districts is an investment in sustainability. Then, …

Federal Tax Implications Of Sale-Leaseback Transactions, Eileen O'Neill

Law Library Student-Authored Works

No abstract provided.

The Social-Obligation Norm In American Property Law, Gregory S. Alexander

Cornell Law Faculty Publications

This article seeks to provide in property legal theory an alternative to law-and-economics theory, the dominant mode of theorizing about property in contemporary legal scholarship. I call this alternative the social obligation theory.

I argue that American property law, both on the private and public sides, includes a social-obligation norm but that this norm has never been explicitly recognized as such nor systemically developed. I argue that a proper understanding of the social obligation explains a remarkably wide array of existing legal doctrine in American property law, ranging from the power of eminent domain to the modern public trust doctrine. …

The Forum (Volume 38, Number 8), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Close The Yield Exemption Loophole Created By Childs, Brant J. Hellwig, Gregg D. Polsky

Scholarly Articles

The proposal would reverse the holding of Childs v. Commissioner, 103 T.C. 634 (1994), and clarify that a contractual payment obligation received by a service provider is subject to immediate taxation under section 83 if the obligor is a person other than the recipient of the service provider’s services. As a result, the proposal would ensure the appropriate taxation of investment income in structured payment arrangements.

The proposal is based on a more comprehensive article by the authors, forthcoming in volume 51 of the Boston College Law Review, titled ‘‘Taxing Structured Settlements,’’ a draft of which is available at http://ssrn.com/abstract=1403248. …

The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede

Brigham Young University Journal of Public Law

No abstract provided.

Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines—And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan

Brigham Young University Journal of Public Law

No abstract provided.

Confession And Mandatory Child Abuse Reporting: A New Take On The Constitutionality Of Abrogating The Priest-Penitent Privilege, Samuel G. Brooks

Brigham Young University Journal of Public Law

No abstract provided.

Forget The Whales: Expanding The Twilight And Diminishing The Nadir Of Youngstown, Landon Wade Magnusson

Brigham Young University Journal of Public Law

No abstract provided.

Finding A Place For Embedded Advertising Without Eroding The First Amendment: An Analysis Of The Blurring Line Between Verisimilar Programming And Commercial Speech, Jacob J. Strain

Brigham Young University Journal of Public Law

No abstract provided.

Wielding The Double-Eded Sword: Creating The Perception Of A Chinese Enterprise To Obtain And Enforce Patent Protection In China, David A. Fazzolare

Brigham Young University International Law & Management Review

No abstract provided.

The Effective Reach Of In Personam Reasoning In Private International Law, Tiong Min Yeo

2009 Yong Pung How Professorship of Law Lecture

Within the equitable jurisdiction, the phrase in personam has been used to describe the means of enforcement of the equitable decree, the justification for equitable jurisdiction generally, and the mechanism by which chancery rulings effectively override the common law. In the context of curial proceedings, the phrase is also used to describe the nature of jurisdiction assumed over a person, as well as the effect of a decree against a person, as opposed to a thing. In the discourse on rights, it is used to distinguish personal from property rights. In personam reasoning in the equitable sense has been used …

Case Posed: But Can The Prosecution Rest?, Charli Carpenter

Human Rights & Human Welfare

Julie Flint and Alex de Waal have published a damning article about the ICC prosecutor Luis Moreno Ocampo which reads, by extension, as a trouncing of the entire institution. I’m not in the loop with the court’s day-to-day politics well enough to offer an informed counter-argument, so instead, by way of playing devil’s advocate, let me agree for argument’s sake with a number of the authors’ claims, hyperbolic and partisan though they sound at places, and then (again for argument’s sake), push back on the assumptions the authors make about the implications of those claims.

Attempt By Omission, Michael T. Cahill

Faculty Scholarship

No abstract provided.

Attempt By Omission, Michael T. Cahill

Faculty Scholarship

No abstract provided.