Law Commons^™

When Is An Equity Participant Actually A Creditor? The Effects Of In Re Afi Holding On Ponzi Scheme Victims And The Good Faith Defense, James Butler Cash Jr.

Kentucky Law Journal

No abstract provided.

Juror Incomprehension: Advocating For A Holistic Reform Of Jury Instructions, J. Brittany Cross

Kentucky Law Journal

No abstract provided.

CoWho? Kentucky's Need To Statutorily Define Property Interests In Geologically Sequestered Carbon Dioxide, E. Chase Dressman

Kentucky Law Journal

No abstract provided.

The Corporate Lawyer's Role In A Contemporary Democracy, Colin P. Marks, Nancy B. Rapoport

Faculty Articles

In this paper, we review the traditional arguments for corporate social responsibility and ask the question of what corporate lawyers should do to help their clients do the right thing ethically. We also set out a test - the technically test -- that highlights when something is usually on the wrong side of the ethical line. (If you have to give legal advice starting with Well, technically..., you're on the wrong side of the line.)

Federal Rules Update: Technology-Related Rules, David A. Schlueter

Faculty Articles

In June 2009, the Standing Committee on the Federal Rules of Procedure and Evidence authorized publication for comment on a number of technology-related rules of criminal procedure. Criminal Rule 1 would state that the terms “telephone,” “telephonic,” or “telephonically” mean any form or live electronic voice communication. Rule 3 would allow officers to submit a complaint and supporting material electronically. Changes to Rule 4 would address electronically processed and submitted arrest warrants. Proposed new Rule 4.1 would permit magistrate judges to consider information presented electronically in deciding whether to issue a warrant or summons or approve a complaint. The amendment …

In Memoriam: The Honorable Judge Philip S. Figa (1951-2008), Ramona L. Lampley

Faculty Articles

Judge Phillip S. Figa lived a life that is rich in consequence, and our country is a better place because of his labors. President George W. Bush nominated Judge Figa to the United States District Court for the District of Colorado. The nomination "breezed" through the Senate, and confirmation occurred in October 2003. Attached to his reading glasses case, on his judicial bench, Judge Figa kept a list of five simple principles.

That he gave himself a constant reminder of these principles as he sat on the bench shows his resolve to fulfill those expectations himself. Judge Figa was extremely …

Private Conservation Easements: A Record Of Achievements And The Challenges Ahead, Gerald Korngold

Other Publications

Over the past 25 years, there has been a dramatic increase in the acquisition of conservation easements by nonprofit organizations. Privately held conservation easements, i.e., those held by nonprofits rather than governmental entities, have thus emerged as an important and growing tool for the preservation of natural and scenic features of the United States landscape.

The Constitutional Duties Of The People, Stephen J. Ellmann

Other Publications

NOW WITHOUT HESITATION

WEDNESDAY, AUGUST 5, 2009 The constitutional duties of the people

This post originally appeared on http://nowwithouthesitation.blogspot.com/2009/08/constitutional-duties-of-people.html

Book Review Of Charles E. Connerly's “The Most Segregated City In America: City Planning And Civil Rights In Birmingham", Richard H. Chused

Other Publications

No abstract provided.

Gender Segregation In The Public Schools; Opportunity, Inequality, Or Both?, Bill Piatt

Faculty Articles

Should the public schools be allowed to segregate girls from boys in the classroom? There is a history of single-sex education in this country, but there are concerns about single gender classrooms. In recent decades, researchers have begun to assert that requiring boys and girls to be taught together has a negative impact on the educational progress because of inherent differences in boy/girl learning behavior, or even in the development of their brains. Proponents of gender exclusive classrooms point out the voluntary nature of the programs, and the explicit findings of the Department of Education justifying such programs. Opponents argue …

Free From Decree, David Schoenbrod, Ross Sandler

Other Publications

No abstract provided.

A Call For Dissent And Further Independence In The Ncaa Infractions Process, Gene A. Marsh

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Taking Chances: The United States' Policy On Internet Gambling And Its International Implications, Yevgeniya Roysen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Super Bowl Hero To Bank Account Zero, Scott Hollander

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Satellite Transponders And Free Expression, Monroe E. Price

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Where's The Remote? The Importance Of The Location Of The Remote Control (And The One Who Uses It) In Determining Liability For Copyright Infringement For Remote Storage Dvrs, Cindy Abramson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Beginning Of A New Age?: The Unconscionability Of The "360-Degree" Deal, Ian Brereton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Transformation Of Originality In The Progressive-Era Debate Over Copyright In News, Robert Brauneis

Cardozo Arts & Entertainment Law Journal

No abstract provided.

No More Power To Imply: Gonzaga V. Doe And The Evisceration Of § 253(C) Of The Telecommunications Act, Josh Gajer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Striking Nafta Gold: Glamis Advances Investor-State Arbitration , Jordan C. Kahn

Fordham International Law Journal

On June 9, 2009, a controversial and longstanding North American Free Trade Agreement ("NAFTA") arbitration was resolved in favor of the United States. Overviews of the dispute and NAFTA investor-state arbitrations are set forth in Parts I and II, respectively. Part III explains that the process employed was commendably transparent, especially in accommodating tribal interests, and should serve as a model for future proceedings. The award positively advances two international legal protections: regulatory takings and "fair and equitable treatment." Although the takings analysis described in Part IV confirms that NAFTA claimants have procedural advantages over domestic litigants, its pro-government framework …

A Legal Regime For The Mining Of Helium-3 On The Moon: U.S. Policy Options, Richard B. Bilder

Fordham International Law Journal

Absent an agreed international legal framework, attempts by the United States or any other nation or private entity to acquire and bring to Earth significant quantities of He-3 could give rise to controversy and conflict. Consequently, it seems timely to revisit the issue of the legal regime potentially applicable to exploiting He-3 and other lunar resources. Part I of this Article will briefly discuss the technical and economic prospects for the develop of He-3-based fusion energy. Part II lays out the present legal situation concerning the exploitation of lunar resources such as He-3. Part III analyzes whether it is prudent …

Nuclear Weapons And The Rule Of Law, Sergio Duarte

Fordham International Law Journal

No abstract provided.

Japan's New Criminal Jury Trial System: In Need Of More Transparency, More Access, And More Time, Matthew J. Wilson

Fordham International Law Journal

The lay judge system has considerable potential both in concept and form. To realize its full potential, the system needs to overcome various structural impediments and cultural challenges. This Article further contributes to the emerging discussion by detailing three related areas that merit attention and reform if the system is going to realize its full potential. Namely, the lay judge system would benefit from 1) increased transparency by eliminating punitive measures against citizen judges desiring to freely speak about the trial proceedings or deliberation process oncle the trial is complete; 2) impoved access to the interrogation of detained suspects and …

Who Is Making International Tax Policy?: International Organizations As Power Players In A High Stakes World, Diane Ring

Fordham International Law Journal

This Article begins the process of mapping the inquiry into the role of international organizations in tax policy. It identifies four basic questions that must be addressed and specifies the more sophisticated inquiries that must then be undertaken. This Article commences the empirical examination through two case studies: one regarding inclusion of a mandatory arbitration clause in the Organization for Economic Co-Operation and Development (“OECD”) Model Tax Convention on Income and Capital, and one regarding recent international efforts to curb “harmful” tax competition. Part I outlines the rising importance of international tax matters and the reasons that international organizations are …

Federalism And The Rule Of Law: Perspectives From The European Court Of Justice, Koen Lenaerts

Fordham International Law Journal

This Article unfolds as follows: Section I looks at the "pervasive effect" of European Union ("EU") law upon the substantive law of the Member States. Instead of attempting to cover all cases where this effect has arisen, a selective but in-depth approach is preferred. In this regard, four areas falling within the competences of the Member States will be discussed, namely education, family law, direct taxation, and health care. Section II is devoted to the pervasive effects of EU law upon national rules of procedure. Taking four cases as examples, this Section sets out to demonstrate that the European Court …

If At First You Don't Succeed: Vote, Vote Again: Analyzing The Second Referendum Phenomenon In Eu Treaty Change, Gráinne De Búrca

Fordham International Law Journal

The aim of this Essay is to probe the causes of the European Union's ("EU") second-referendum practice with a view to better understand what strikes many observers as a procedurally bizarre and democratically dubious exercise. It is not the intention of this Essay to offer any justification for the practice, but rather to explain the factors specific to the EU which have contributed to its recurrence.

Revisiting Free Movement Of Workers, Robin C. A. White

Fordham International Law Journal

This Essay examines aspects of the free movement of workers and the issues concerning the content and impact of the introduction of citizenship of the European Union ("EU" or "Union"). This Essay draws from seven years of opinions from Advocate General Slynn, which were written during a highly formative period in the development of Community law. Defining who is a worker and examining the benefits of having and retaining this worker status remain as important today as they were in the late 1980s, when relevant seminal case law of the Court of Justice was established. In many of those cases, …

Child Support And (In) Ability To Pay: The Case For The Cost Shares Model, Pamela Foohey

Scholarly Works

Currently enacted child support guidelines primarily focus on maintaining children's economic well-being when a single household is split into two. This article argues that this focus discounts another consideration which, when combined with the current analysis, could further advance children's well-being: the ability of parents to pay. An analysis of payment characteristics demonstrates that lower child support obligations may increase the amount of child support paid on average. Lowering presumptive obligations will make lower-income parents better able and more likely to pay their obligations, thereby increasing the amount of child support paid to lower-income children, while at most only marginally …

The President's Welcome Address The President's Welcome Address (2008 Intercultural Human Rights Law Review Symposium), Franklyn M. Casale

Intercultural Human Rights Law Review

Rev. Monsignor Franklyn M. Casale's welcome address for the 2008 Intercultural Human Rights Law Review Annual Symposium.

Sanctions And International Law (Keynote Address), W. Michael Reisman

Intercultural Human Rights Law Review

Keynote Address by W. Michael Reisman, Myres S. McDougal Professor of International Law at Yale Law School, for the 2008 Intercultural Human Rights Law Review Annual Symposium.