Law Commons^™

Business Associations, Paul A. Quirós, Lynn S. Scott

Mercer Law Review

This Article surveys noteworthy cases in the areas of corporate, limited liability company, partnership, and agency law decided between June 1, 2009 and May 31, 2010 by the Georgia Supreme Court, the Georgia Court of Appeals, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia. In addition to surveying decisions by Georgia courts and federal courts located in Georgia, this Article discusses an important decision by the Supreme Court of the United States.

Response, Eduward M. Penalver

Cornell Journal of Law and Public Policy

No abstract provided.

Stop Shutting The Door On Renters: Protecting Tenants From Foreclosure Evictions, Eloisa Rodriguez-Dod

Cornell Journal of Law and Public Policy

No abstract provided.

Property Outlaws, Rebel Mythologies, And Social Bandits, Greg Lastowka

Cornell Journal of Law and Public Policy

No abstract provided.

A Government Lawyer’S Liability Under Bivens, Marc Stepper

Cornell Journal of Law and Public Policy

No abstract provided.

Trespassory Art, Randall Bezanson, Andrew Finkelman

University of Michigan Journal of Law Reform

The history of art is replete with examples of artists who have broken from existing conventions and genres, redefining the meaning of art and its function in society. Our interest is in emerging forms of art that trespass-occupy space, place, and time as part of their aesthetic identity. These new forms of art, which we call trespassory art, are creatures of a movement that seeks to appropriate cultural norms and cultural signals, reinterpreting them to create new meaning. Marcel DuChamp produced such a result when, in the early twentieth century, he took a urinal, signed it, titled it Fountain, and …

Torture, Impunity, And The Need For Independent Prosecutorial Oversight Of The Executive Branch, Fran Quigley

Cornell Journal of Law and Public Policy

No abstract provided.

A Fall From Grace: United States V. W. R. Grace And The Need For Criminal Discovery Reform, Beth Brennan, Andrew King-Ries

Cornell Journal of Law and Public Policy

No abstract provided.

The Politics Of Property And Need, Laura S. Underkuffler

Cornell Journal of Law and Public Policy

No abstract provided.

There Be No Shelter Here: Anti-Immigrant Housing Ordinances And Comprehensive Reform, Daniel Edwardo Guzman

Cornell Journal of Law and Public Policy

No abstract provided.

Alteration Of The Contractual Equilibrium Under The Unidroit Principles, Amin Dawwas

Pace International Law Review Online Companion

This paper addresses the principles of hardship and specific performance as being unreasonably burdensome or expensive both in terms of their definitions and legal consequences. This paper argues that, in a situation of hardship, the debtor can choose to invoke either the rules of section 6.2 (hardship) or the defense to specific performance under Article 7.2.2-b of the UNIDROIT Principles of International Commercial Contracts (“UNIDROIT Principles”). Yet, while in a situation where performance of the contract becomes “unreasonably burdensome or expensive,” the debtor might only invoke the exception to specific performance under Article 7.2.2(b) of the UNIDROIT Principles.

Legal Research In An Electronic Age: Electronic Data Discovery, A Litigation Albatross Of Gigantic Proportions, Ahunanya Anga

The University of New Hampshire Law Review

[Excerpt] “The increase in e-discovery, e-discovery‘s impact on litigation, and the courts‘ unavoidable role in defining the limits of discovery led to the author‘s decision to develop this article. The availability, accessibility, and the ease of requesting electronic data, resulting in increased e-discovery under the Federal Rules of Civil Procedure, is an important issue that will affect the legal profession and its constituents in many ways for years to come. Part II of this article is an overview of Federal Rule of Civil Procedure 26(f). This part stresses that in recognizing the herculean task involved in e-discovery, courts expect that …

Measuring The Impact Of Political Ideology On The Adoption Of English-Only Laws In The United States., Philip C. Aka, Lucinda M. Deason, Augustine Hammond

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Fred Fejes' Gay Rights And Moral Panic: The Origins Of America's Debate On Homosexuality (Book Review), Michael Boucai

Book Reviews

No abstract provided.

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

Protecting The Heart Of The First Amendment, Defending Citizens United, Floyd Abrams

First Amendment Law Review

No abstract provided.

Law Clerks Out Of Context, Parker B. Potter Jr.

The University of New Hampshire Law Review

[Excerpt] “In a previous article, I examined judicial opinions in cases in which law clerks have gone wild, principally by doing things that law clerks just aren‘t supposed to do, such as convening court, conducting independent factual investigations into matters before their judges, or leaking drafts of opinions to the press. Here, I focus on opinions in federal cases that discuss two other categories of unusual law-clerk activity, serving as a source of evidence, and going to court, as a litigant.

The article is informed by my ten years of experience as a trial court law clerk in the state …

One Toke Over The Line: The Proliferation Of State Medical Marijuana Laws, Troy E. Grandel

The University of New Hampshire Law Review

[Excerpt] “Marijuana has been used for medicinal purposes for at least five thousand years. In fact, it was used medicinally in the United States up until the twentieth century when antidrug zealots managed to prohibit it. Prohibition was the status quo until 1996 when California became the first state to adopt a law allowing medicinal marijuana use. Since then, thirteen additional states, along with the District of Columbia, have enacted similar laws. More states are now lining up with their own laws, which are in various stages of adoption. In addition, the Supreme Court has impacted the issue, both with …

Fair Use Challenges In Academic And Research Libraries, Peter Jaszi

Copyright, Fair Use & Open Access

Academic and research libraries are key players in the generation and propagation of knowledge in the U.S., and their interpretation of the balancing features of copyright is critical to the quality of research, teaching, and learning they support. Approaches and methods for research, teaching, and learning are changing rapidly with opportunities presented by digitization and Internet communication. Academic and research librarians need and use the balancing features of copyright—including exemptions listed in Sections 108 and 110 of the Copyright Act, as well as fair use (codified in Section 107)—in order to accomplish the routine tasks of their profession. This report …

Front Matter

ACTEC Law Journal

No abstract provided.

Resisting The Contractarian Insurgency: The Uniform Trust Code, Fiduciary Duty, And Good Faith In Contract, Frederick R. Franke Jr.

ACTEC Law Journal

No abstract provided.

Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progessive Originalism, Dale E. Ho

William & Mary Bill of Rights Journal

The Supreme Court’s decision in last term’s gun rights case, McDonald v. City of Chicago, punctured the conventional wisdom after District of Columbia v. Heller that “we are all originalists now.” Surprisingly, many progressive academics were disappointed. For “progressive originalists,” McDonald was a missed opportunity to overrule the Slaughter-House Cases and to revitalize the Privileges or Immunities Clause of the Fourteenth Amendment. In their view, such a ruling could have realigned progressive constitutional achievements with originalism and relieved progressives of the albatross of substantive due process, while also unlocking long-dormant constitutional text to serve as the source of new unenumerated …

The Melendez-Diaz Dilemma: Virginia's Response, A Model To Follow, Anne Hampton Andrews

William & Mary Bill of Rights Journal

No abstract provided.

Faulty Foundations: How The False Analogy To Routine Fingerprinting Undermines The Argument For Arrestee Dna Sampling, Corey Preston

William & Mary Bill of Rights Journal

No abstract provided.

Dec. 10, 2010, Ifc Performance Standards_V2, Ifc

IFC E&S Performance Standards

No abstract provided.

New Energy Geopolitics?: China, Renewable Energy, And The "Greentech Race", Joel B. Eisen

Chicago-Kent Law Review

Commentators believe that programs in China promoting development of new renewable energy capacity have produced astonishing achievements in a short period of time. Evoking the "space race" between the United States and the U.S.S.R. after the launch of the Sputnik satellite in 1957, observers contend that the United States and China are in a "greentech race" to secure international leadership in the development and deployment of renewable energy. As U.S. Energy Secretary Chu has put it, many believe this is a modern "Sputnik moment." This Article finds that China's programs and initiatives are indeed leading to considerable success, but, using …

The Art Of Subsidizing Fuel-Free Electricity Under The European Economic Area Agreement As Illustrated By Norway's Reversion Instrument, Peter Ørebech

Chicago-Kent Law Review

The purpose of this article is to scrutinize legal barriers to state aid instruments in transforming fuel-based electricity into renewable energy, the subsidy prerequisites by which the national state may champion fuel free power production. Subsidy is illustrated by the 2004 Official Norwegian Report's (NOU) disapproval of the Norwegian Reversion Institute (NRI), as a result of a waiver clause to the benefit of municipal power plants. A licensing period of sixty years is final. Relicensing is not possible; only private leasing may occur.

As outlined, my basic criticism is that the NOU confuses interstate distortion of competition as it is …

Smart-Grid: Technology And The Psychology Of Environmental Behavior Change, Stephanie M. Stern

Chicago-Kent Law Review

There is a schism in the legal scholarship between scholars who argue that value, norm, and information campaigns can induce pro-environmental behavior and those who contend that structural, psychological, and social forces sharply constrain behavior change. Both sides of this debate have neglected the critical and ever-increasing role of technology in addressing residential pollution. The example of electricity "smart grids" illustrates how technology engineered to override cognitive and behavioral limitations can comprehensively reduce household consumption and emissions. Electricity conservation suffers from multiple barriers to collective action, including large numbers of geographically dispersed polluters, low financial payoffs, and, the contribution of …

The Legal-Political Barriers To Ramping Up To Hydro, Dan Tarlock

Chicago-Kent Law Review

Hydroelectric energy is the oldest major source of non-carbon, renewable energy and is the only conventional renewable resource in the current energy mix. Increased hydro capacity would seem to be a key element of any United States energy policy designed to promote the greater use of renewable resources. However, for several decades hydro has been perceived as a mature, fully developed technology. This article argues that any effort to stimulate substantial new hydro capacity will face a series of environmental legal and policy constraints. Efforts to adapt to global climate change will further complicate efforts to increase hydro electric generation. …

Mercurial But Not Swift—U.S. Epa's Initiative To Regulate Coal Plant Mercury Emissions Changes Course Again As It Enters A Third Decade, Keith Harley

Chicago-Kent Law Review

The effort to establish national standards to control mercury air pollution from coal-fired power plants now spans twenty years, four presidential administrations, and remains undone. This note will briefly describe the failed twenty-year effort to regulate mercury emissions from coal-fired power plants. It will show how United States Environmental Protection Agency (U.S. EPA) efforts during the (first) Bush and Clinton Administrations to construct mercury regulations were dismantled during the Administration of George W. Bush. During the second Bush Administration, U.S. EPA substituted a new regulatory approach that was ultimately repudiated by the federal judiciary as plainly inconsistent with the Clean …