Law Commons^™

Green Diesel: Finding A Place For Algae Oil, Fred Bosselman

Chicago-Kent Law Review

The prospect of obtaining domestically-produced biodiesel from algae has attracted wide investor interest. Although many analysts predict that economic production is five to ten years away, the production process involves such a wide range of environmental and land use issues that it is not premature to begin thinking about the kinds of places in which "green biodiesel" could be efficiently made in the United States. Our land use and environmental laws were all drafted by people who never imagined the possibility that huge volumes of algae would be an important energy resource; nor could they have known that the location …

High-Income Child Support Guidelines: Harmonizing The Need For Limits With The Best Interests Of The Child, Laura Raatjes

Chicago-Kent Law Review

Providing for the needs of children of separated parents lies at the heart of state child support laws. But what about providing for the special needs of children of high-income obligors and ensuring consistency in a system often marked by unpredictability and high emotions? This Note examines the manifold problems that discretionary high-income child support decisions can cause: inequitable settlement, increased litigation, injured family structures, and inconsistent decisions. This Note also proposes a solution: to set higher thresholds for triggering a high-income analysis and to require high-income parents to contribute to post-secondary educational trusts. Finally, this Note explains that, as …

Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking, David S. Levine

Joint PIJIP/TLS Research Paper Series

The negotiations of the Anti-Counterfeiting Trade Agreement (ACTA) have been marred by a level of attempted secrecy heretofore unseen in international intellectual property lawmaking. Simultaneously, the Freedom of Information Act (FOIA) has been used in several significant national contexts to prevent the disclosure of data and information in ways that call into question its efficacy as an effective regulation of governmental knowledge. This paper seeks to tie together these two recent developments in order to (a) prevent future international intellectual property law negotiations from being unduly secret and (b) encourage Congress to consider reforming FOIA in light of current public …

Legislative Developments In Rail Transport In 2009, Katarzyna Zawisza

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Shall Selective, Above-Cost Price Cutting In The Newspaper Market Be Qualified As Anticompetitive Exclusion? Case Comment To The Judgement Of The Supreme Court Of 19 August 2009 - Marquard Media Polska (Ref. No. Iii Sk 5/09), Konrad Kohutek

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Reducing Estate And Trust Litigation Through Disclosure, In Terrorem Clauses, Mediation And Arbitration, Jonathan G. Blattmachr

ACTEC Law Journal

No abstract provided.

Protection Of Inherited Iras, James L. Boring, Richard R. Gans, Meghan E. Gearhart, Nancy Schmidt Roush, Susan B. Slater-Jansen

ACTEC Law Journal

No abstract provided.

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Corporate Social Responsibility In The Oil And Gas Industry: The Importance Of Reputational Risk, David B. Spence

Chicago-Kent Law Review

Modern oil and gas production takes place in environments that are increasingly challenging, environments that pose very high levels of technical risk, as well as political, social, environmental, heal and safety risks. The people of the oil-rich nations of the world are growing more assertive politically and more sensitive to the environmental, health, and safety risks posed by oil and gas development. Governments, nongovernmental organizations (NGOs), and local people seek the means to control oil and gas development so as to minimize the risk of harm and provide redress in the event harm is done. Oil and gas companies have …

Of Nesting Dolls And Trojan Horses: A Survey Of Legal And Policy Issues Attendant To Vehicle-To-Grid Battery Electric Vehicles, Bryan Lamble

Chicago-Kent Law Review

2010 will not be remembered as the year when the domestic energy landscape changed, dominated as it was by environmental catastrophe and human calamity and tragedy caused by the search for and extraction of traditional fossil fuels. In fact, clean(er) energy and greater efficiency seem, in some ways, to be less of a reality at the beginning of the second decade of the twenty-first century than many would have predicted (and hoped). Furthermore, a contentious mid-term election season (stoked by fears of massive deficits, rising national debt and ballooning government) dominated the headlines at the expense of what could prove …

Biotech Biofuels: How Patents May Save Biofuels And Create Empires, Adam Wolek

Chicago-Kent Law Review

The United States' primary transportation energy sources are fossil fuels, namely, gasoline and diesel. These products have high environmental, security, and financial costs. A strong emphasis has been placed on biofuels, especially ethanol and biodiesel, to lessen reliance on fossil fuels. Historically, high production costs, lack of infrastructure, return on investment anxieties, and concerns about scaling-up production have slowed the development of these alternative technologies. Today, biotechnological solutions are lowering productions costs and making large scale production more economically feasible. Patents can lessen anxieties about investment as they can provide longer-term protection and market exclusivity for patented technologies. As biofuels …

Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung

Chicago-Kent Law Review

Within the past couple of years, social networking websites have become an immensely popular destination for people from all walks of life. Websites like Facebook and Twitter now count tens of millions of worldwide users, including world leaders and a number of celebrities. Eventually, users realized that social networking websites lent themselves to the quick and easy impersonation of celebrities through the creation of fake social networking accounts, often as a form of parody. One subject of such impersonation was professional baseball manager Tony La Russa, who took the then-unprecedented step of suing his impersonators and Twitter over the incident. …

Antidiscrimination Rights Of Contingent Workers In The United States, Hyun Joo Kang

Maurer Theses and Dissertations

Title VII of the Civil Rights Act of 1964 prohibits an employer's discriminatory employment practices against an employee on the basis of race, color, religion, gender, or national origin. Most contingent workers in the United States are faced with discriminatory employment practices, such as low wages and low or no benefits, and they are disproportionately women and minorities. Title VII is the focal point, but Title VII has not functioned as a remedy for contingent workers. This dissertation examines why contingent workers suffer discrimination, despite Title VII, and suggests possible solutions.

In the United States, the distinctive interpretation of laws …

A Contractual Approach To Shareholder Oppression Law, Benjamin Means

Faculty Publications

According to standard law and economics, minority shareholders in closely held corporations must bargain against opportunism by controlling shareholders before investing. Put simply, you made your bed, now you must lie in it. Yet most courts offer a remedy for shareholder oppression, often premised on the notion that controlling shareholders owe fiduciary duties to the minority or must honor the minority's reasonable expectations. Thus, law and economics, the dominant mode of corporate law scholarship, appears irreconcilably opposed to minority shareholder protection, a defining feature of the existing law of close corporations.

This Article contends that a more nuanced theory of …

Cultural Norms And Race Discrimination Standards: A Case Study In How The Two Diverge, Derek W. Black

Faculty Publications

The legal standard for race discrimination - the intent standard - has been scrutinized and justified for decades, but that conversation has occurred almost entirely within the legal community. Relatively little effort has been made to engage the public. This Article posits that the discussion of discrimination standards must account for and include public understandings of race and discrimination because race is a socially constructed concept and discrimination is culturally contingent. Race discrimination standards based solely upon the legal community’s perceptions are susceptible to significant flaws. This Article begins the incorporation of public understandings of race and discrimination by examining …

Geoengineering And Climate Management: From Marginality To Inevitability, Jay Michaelson

Tulsa Law Review

No abstract provided.

Framing The Social, Political, And Environmental Risks And Benefits Of Geoengineering: Balancing The Hard-To-Imagine Against The Hard-To-Measure, Gareth Davies

Tulsa Law Review

No abstract provided.

Historic Preservation And The Wilderness, Seth Kagan

Elisabeth Haub School of Law Student Publications

The language of Article XIV of the New York State Constitution has been the focus of a contentious debate over the years: What can be done with the lands within the Forest Preserve without violating the provision to keep the lands “forever wild”? In particular, how does Article XIV treat preservation of historic sites and archaeological resources within the Forest Preserves? The paper discusses competing interests between the “forever wild” provision and that of historic preservation through examination of the legislative history, administrative and judicial action. The paper also contemplates a constitutional convention for the purposes of amending Article XIV …

History Of New York State’S “Forever Wild” Forest Preserve And The Agencies Charged With Carrying Out Article Xiv’S Mandate, Jessica B. Silver

Elisabeth Haub School of Law Student Publications

Article XIV is probably the most controversial provision of the New York State Constitution adopted in 1894. The provision declares that State-owned land in the Adirondack and Catskill State Parks shall remain “forever wild.” Yet, implementation of this mandate by the State has varied since its inception; actions are dependent on the views and policies of regulating agency. The paper traces the history of Article XIV through judicial interpretation, Attorney General’s opinions, and implementation activities by the agency charged with its enforcement. The purpose of this paper is to prepare the policy-makers who will have a voice at the next …

Legislative History And Current Bills Related To The Constitution Convention, Michael Friese

Elisabeth Haub School of Law Student Publications

The purpose of this paper is to provide a critical look at the legislative history of Article VII (now Article XIV). Specifically, it will discuss the events leading up to the 1894 Constitutional Convention (the convention was Article XIV and the “Forever Wild Provision” was adopted); the events and legislative acts between the 1894 and 1915 constitutional conventions; the 1915 Constitutional Convention; the events and legislative acts between 1915 and 1938; and the 1938 Constitutional Convention. The paper will also address the delegate election process, as well as proposed reforms to the process. It is the intention of this paper …

“Forever Wild”: Legal Aspects Of Natural Resource Extraction In And Around The New York State Forest Preserve, Michael D. Henderson

Elisabeth Haub School of Law Student Publications

Since its inception in 1894, Article XIV of the New York State Constitution has served as a baseline for environmental protection of the New York Forest Preserve. Yet today it has become apparent to those who study or simply enjoy the Adirondack and Catskill regions that our goal in preservation is much more. We preserve wilderness so we can hold on to a piece of the past, a piece of America’s history. That said the issue is what constitutes wilderness – a legally designated wilderness area, wilderness as a common term or land that embraces the “Forever Wild” aesthetic. This …

Interpreting Article Xiv Of The New York Constitution: The Legal Measures That Mandate Sustainable Economic Development And Maintenance Of Forever-Wild Forest In The Adirondacks, Chih-Yao Sun

Elisabeth Haub School of Law Student Publications

The Forever Wild clause enacted by the legislature aimed at protecting drinking water and commerce. The language of the Forever Wild clause has offered a strong and perpetual protection that serves the purpose of people of New York State. Any amendments will only weaken the article. To support the position that the Forever Wild clause should remain as is, the paper examines the long-ignored economic value provided by the Adirondacks Forest Preserve. The paper also proposes plausible sustainable developments and illustrates why state government has the duty to promote economic well-being in local communities.

On The Role And Regulation Of Proxy Advisors, Paul Rose

Michigan Law Review First Impressions

In anticipation of proxy season-the springtime ritual where companies prepare and deliver proxy statements in preparation for annual shareholder meetings-U.S. public companies typically reexamine their corporate governance structures and policies. Many corporate governance structures that were acceptable ten years ago are now considered outmoded or even evidence of managerial entrenchment. For example, consider the classified board of directors. In recent years, many companies have shifted from a classified board of directors to an annually elected board. A company might adopt an annually-elected board structure for a number of reasons. A classified board can serve as an entrenchment device, for instance, …

Geoengineering And International Law: The Search For Common Legal Ground, Ralph Bodle

Tulsa Law Review

No abstract provided.

Appellate Practice And Procedure, Roland F.L. Hall

Mercer Law Review

This Article surveys decisions addressing appellate law and procedure handed down by the Georgia Court of Appeals between June 1, 2009 and May 31, 2010. The cases discussed fall into the following categories: (1) appellate jurisdiction; (2) preserving the record; and (3) miscellaneous cases of interest.

Criminal Law, Franklin J. Hogue, Laura D. Hogue

Mercer Law Review

This year we selected a small number of significant cases and amendments to Georgia criminal law on which to focus this Survey This narrower focus allows slightly more in-depth treatment within the space limitations and may be more useful, so we hope, to practicing trial lawyers in the ever-changing area of criminal law.

• PRETRIAL ISSUES
• OPEN COURTROOM
• VENUE
• AMENDMENTS IN RESPONSE To DECISIONS
• SENTENCING

Construction Law, Frank O. Brown Jr.

Mercer Law Review

This Article focuses on noteworthy construction law decisions by appellate and federal district courts in Georgia between June 1, 2009 and May 31, 2010.

• NEGLIGENT CONSTRUCTION
• GEORGIA'S CONSTRUCTION-RELATED STATUTE OF REPOSE
• STATUTES OF LIMITATION
• ASSIGNMENT OF CLAIMS
• DAMAGES LIMITATIONS
• THE MILLER ACTS
• WARRANTIES
• ARBITRATION
• RIGHT TO TERMINATE CONTRACTS
• ECONOMIC LOSS RULE
• ACCEPTANCE DOCTRINE

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt

Mercer Law Review

This survey period saw continued evolution of domestic relations law through changes in legislation and case law. Legislation passed in the 2009 Session of the Georgia General Assembly took effect during this survey period, and the Georgia Supreme Court continued to accept non-frivolous appeals in divorce cases, which provides guidance to those interested in domestic relations law.

• PRENUPTIAL AGREEMENTS
• PLEADINGS
• CHILD CUSTODY
• CHILD SUPPORT
• ALIMONY
• DIVISION OF PROPERTY
• ADOPTION
• TRUSTS

Evidence, John E. Hall Jr., W. Scott Henwood

Mercer Law Review

As you may know, July 11, 2010, marked the fiftieth anniversary of Harper Lee's Pulitzer Prize-winning classic, To Kill A Mockingbird, which anecdotally inspired many in the South and beyond to enter the legal profession. Therefore, it is fitting to open this Article with Atticus Finch's oft-quoted closing statement:

The state has not produced one iota of medical evidence ... that the crime Tom Robinson is charged with ever took place ... ...

I am confident that you gentlemen will review without passion the evidence you have heard, come to a decision, and restore this defendant to his family. …

Product Liability, Franklin P. Brannen Jr., Jacob E. Daly

Mercer Law Review

This Article surveys developments in Georgia product liability law between June 1, 2009 through May 31, 2010. It covers noteworthy cases decided during this period by the Georgia appellate courts, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia.