Law Commons^™

Trial Practice And Procedure, Kate S. Cook, Alan J. Hamilton, Brandon L. Peak, John C. Morrison Iii, Mary K. Weeks

Mercer Law Review

This Article addresses significant judicial and legislative developments of interest to the Georgia trial practitioner occurring during the survey period of this publication.

Konflikti Anglo-Shqiptarë Me Rastin E Kanali Të Korfuzit, Nurije Gashi

Theses and Dissertations

No abstract provided.

A Brief History Of Energy Law In United States Law Schools: An Introduction To The Symposium, Fred Bosselman

Chicago-Kent Law Review

No abstract provided.

Defiling The Retaliation Doctrine: Kasten V. Saint-Gobain And The Anti-Retaliation Provision Of The Fair Labor Standards Act, Madeline Engel

Chicago-Kent Law Review

The anti-retaliation provision of the Fair Labor Standards Act makes it unlawful for an employer to retaliate against an employee who has "filed any complaint" under the FLSA. In Kasten v. Saint-Gobain Performance Plastics Corp., the Seventh Circuit declared its position in a growing circuit split as to whether an employee can "file" a verbal complaint of an alleged FLSA violation. Kasten answered the question in the negative, holding that verbal complaints are not protected activity under the Act. This note analyzes relevant Supreme Court precedent and the evolution of the circuit split, as well as principles of statutory …

Dependent On The Jury: Anticipation And Obviousness Of Dependent Patent Claims And Irreconcilable Jury Verdicts, Patrick Bickley

Chicago-Kent Law Review

A jury verdict finding an independent claim valid but a related dependent claim either anticipated or obvious is irreconcilable. However, the Federal Circuit has used the inconsistencies between regional circuits on the issue of jury verdicts to reach different outcomes in similar cases based solely on the region in which the patent case originated. This note advocates a modification to the Federal Circuit's rule of deference to consider irreconcilable verdicts of independent and dependent claims under its own independent analysis. A consistent approach allowing for appellate review regardless of post-verdict motions is advocated, although a more modest position of requiring …

Prolegomenon On The Status Of The Hopey, Changey Thing In American Criminal Justice, Frank O. Bowman Iii

Faculty Publications

This is an introductory essay to Volume 23, Number 2, of the FEDERAL SENTENCING REPORTER, which considers the state of American criminal justice policy in 2010, two years after the "Change" election of 2008. Part I of the essay paints a statistical picture of trends in federal criminal practice and sentencing over the last half-decade or so, with particular emphasis on sentence severity and the degree of regional and inter-judge sentencing disparity. The statistics suggest that the expectation that the 2005 Booker decision would produce a substantial increase in the exercise of judicial sentencing discretion and a progressive abandonment of …

Charitable Gifts Made By S Corporations: Opportunities And Challenges, Christopher R. Hoyt

ACTEC Law Journal

This article examines the tax opportunities and tax hazards when a subchapter S corporation makes a charitable gift. The article demonstrates that usually the shareholders of an S corporation and the charity are both better off when an S corporation makes a charitable gift compared to having a shareholder make a charitable gift of S corporation stock. Either way, the income tax benefit will be on the S corporation shareholder's personal income tax return. By having the S corporation make the gift, the parties avoid the "three bad things" that happen when a shareholder donates S corporation stock. The problems …

Managing Family Wealth Through A Private Trust Company, Alan V. Ytterberg, James P. Weller

ACTEC Law Journal

No abstract provided.

I Dig It, But Congress Shouldn't Let Me: Closing The Idgt Loophole, Daniel L. Ricks

ACTEC Law Journal

By combining three tools that independently are beneficial to taxpayers, clever estate planners have devised a transaction - the installment sale of discounted assets to an intentionally defective grantor trust - that saves their ultra-wealthy clients millions of dollars in estate and gift taxes. This transaction, which is a foundational part of many estate plans, takes advantage of rules that Congress never intended to be used in this way. Becasue the Internal Revenue Service has conceded its inability to challenge the transaction based on current law, any solution lies with Congress. This Article proposes an amendment to § 2036 that …

Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Google-Nsa Alliance: Developing Cybersecurity Policy At Internet Speed, Stephanie A. Devos

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Unjustified Judicial Creation Of Class Certification Merits Trials In Securities, Michael J. Kaufman, John M. Wunderlich

University of Michigan Journal of Law Reform

The class action device is vital to deterring securities fraud and remedying its victims, who almost never suffer losses sufficient to justify an individual suit. Nonetheless, the federal courts have begun to convert the class certification process into a premature trial on the merits, thereby precluding victims of securities fraud from pursuing otherwise valid claims of financial wrongdoing. In particular, in a series of important decisions, the federal courts have required plaintiffs to prove the essential elements of their securities fraud claims at the preliminary class certification stage.

This Article demonstrates why this trend should end. The judicial creation of …

Separation Of Law And State, Talia Fisher

University of Michigan Journal of Law Reform

In the framework of the jurisprudential literature, the law-state bond is assumed as a given. Points of dispute emerge only at more advanced stages of the discussion, with respect to such questions as the duty to obey state law or the appropriate extent of state intervention in social relations. This Article will be devoted to a reconsideration of the presupposition of the law-state link and to challenging the state's status vis-à-vis the law-both in its role as the producer of legal norms and its capacity as the arbiter of disputes.

The Article opens with a comparative elucidation of the Hobbesian …

Agriculture's Fate Under Climate Change: Economic And Environmental Imperatives For Action, John N. Moore, Van Bruggen

Chicago-Kent Law Review

Farming, ranching, and other agricultural activities are in a relatively unique position amongst all human-caused sources of global warming. Unlike fossil fueled power plants and vehicles, for example, agriculture will suffer direct economic losses from the impacts of global warming on its products, such as through reduced crop yields. Also unlike other causes of global warming, agriculture can both mitigate global warming and increase revenue through a range of different practices, such as carbon sequestration and investments in carbon-friendly renewable energy. This article explains how global warming affects agriculture, especially in the Midwest and Great Plains, and how agriculture contributes …

Privacy Implications Of Smart Meters, Cheryl Dancey Balough

Chicago-Kent Law Review

Many people worry about the erosion of privacy in our society given developments in technology, but that loss of privacy may take a quantum leap as electric "smart meters" make it possible for strangers to know on a real-time basis what is occurring in our houses and apartments. Perhaps the greatest concern is that current laws and regulations do not fully protect us from this unprecedented threat to two of our most basic rights—to be left alone in our own homes and to control personal information. Utility companies across the country are replacing conventional electric meters with smart meters designed …

Table Of Contents, Volume 9, Number 1, 2010, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Nine, Issue Number One.

Struggling With Sunshine: Analyzing The Impact Of Technology On Compliance With Open Government Laws Using Florida As A Case Study, Sandra F. Chance, Christine M. Locke

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Embedded Advertising And The Venture Consumer, Zahr Said

North Carolina Law Review

No abstract provided.

Concerning The Constitutionality Of Hydro-Fracking The Marcellus Shale, Sean Dillon

Elisabeth Haub School of Law Student Publications

The entire Marcellus Shale, from the Catskills of New York down to the northwestern border of West Virginia, is estimated to contain as little as 168 to as much as 516 trillion cubic feet of natural gas, resulting in major “shale play” in the region. If calculations are accurate, the Marcellus Shale may be one of the largest potential sources of any type of energy in this country. But the prospect of mining the Marcellus Shale is not without its downfalls. The extraction method to be used in these operations - a technique called hydraulic fracturing, also known as “hydro-fracking” …

Two Endangered Species In The Adirondacks In The Context Of Constitutional “Wilderness”, Michael A. Dibrizzi

Elisabeth Haub School of Law Student Publications

Our society has developed with a distinct homocentric view toward the natural world and all of its inhabitants. Wildlife has mostly been regarded as the exclusive chattel of man to dispense with at his discretion. This attitude has led to the extinction of some species and near extinction of many others. Through legislation, lawmakers have attempted to regulate management and exploitation of different species, with varying success. The goal of good environmental regulations is to break from traditional views; regulations in recognizing man’s superiority and control over the natural world will impose a responsibility on man to protect and preserve …

Wildlife Management And The Forest Preserve, Jeffrey Auger

Elisabeth Haub School of Law Student Publications

The forever wild language of Article XIV of the New York State Constitution has sparked debate and controversy ever since its enactment. This paper examines how the Forest Preserves affect wildlife contained within the “wild forest lands” protected under Article XIV. Through examining the history of the article’s adoption it becomes clear that wildlife concerns were a chief motivating factor in preserving these forests. The paper then examines how wildlife is managed in New York, and discusses certain practices that may have implications on the “forever wild” designation. The economic and social benefits of hunting, fishing, and hiking for New …

Article Xiv, Agriculture, And Keeping New York’S Wilderness Wild, Hilary Atkin

Elisabeth Haub School of Law Student Publications

When the constitutional convention question is put on the ballot in 2017 as required by Article XIX, Section two of the New York State Constitution, the voters of New York will again choose whether to have a convention to revise or replace their Constitution. There are many issues related to the Forest Preserves of New York State that may lead delegates to consider whether Article XIV, Section one’s “forever wild” provision should be amended or eliminated. With the increasing popularity of the local farming movement in and around the Adirondack and Catskill Parks, delegates could consider amendments that clarify the …

A Trusting Public: How The Public Trust Doctrine Can Save The New York Forest Preserve, Katherine R. Leisch

Elisabeth Haub School of Law Student Publications

The public trust doctrine was instituted in England as a permanent limitation on the powers of the Crown. The well-established doctrine was brought to America and applied equally in the states even after the states seceded from England. The doctrine has since served as an indestructible check on the government. Article XIV of the New York State Constitution ensures protection of its wilderness in perpetuity, solidifying the forest preserve as part of the public trust. The paper traces the beginnings of the public trust doctrine and its eventual application Article XIV. The author contemplates the indestructibility of the Forest Preserve …

Motions 2010 Volume 47 Number 4, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Brief Remarks On Intersocietal Responsibility And Canada’S Honour In The Case Of Angelica Choc V. Hudbay Minerals Inc., Craig Scott

Editorials and Commentaries

"These remarks were presented in Toronto on December 1, 2010, at a press conference convened by the Toronto law firm of Klippensteins, who represent Angelica Choc, the widow of Adolfo Ich Chamán."

2009 Legislative And Juridical Developments In Telecommunications, Kamil Kosmala

Yearbook of Antitrust and Regulatory Studies

This article assesses the 2009 amendments to the Polish Telecommunications Law and the most significant executive regulations that have been passed in its context. The amendments are discussed considering their compliance with EU law, taking into account the rulings of the European Court of Justice on the conformity of some of the Polish provisions with the set of directives constituting the European telecommunications regulatory framework of 2002. The analyzed amendments relate to, in particular, the manner in which ex ante regulation should be implemented, the principles of telecoms services provision to end-users and the performance of state security and defense …

2009 Amendments To The Polish Energy Law, Filip Elżanowski

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

The Supreme Court’S Assault On Litigation: Why (And How) It Could Be Good For Health Law, Abigail R. Moncrieff

Law Faculty Articles and Essays

In recent years, the Supreme Court has narrowed or eliminated private rights of action in many legal regimes, much to the chagrin of the legal academy. That trend, although certainly not limited to health law, has had a significant impact on the field; the Court's decisions have eliminated the private enforcement mechanism for at least three important healthcare regimes: Medicaid, employer-sponsored insurance, and medical devices. In a similar trend outside the courts, state legislatures have capped non-economic and punitive damages for medical malpractice litigation, weakening the tort system's deterrent capacity in those states. This Article suggests that the trend of …

An Unsettling Outcome: Why The Florida Supreme Court Was Wrong To Ban All Settlement Evidence In Saleeby V Rocky Elson Construction, Inc., 3 So. 3d 1078 (Fla. 2009), Michael L. Seigel, Robert J. Hauser, Allison D. Sirica

UF Law Faculty Publications

It is rare that a court as sophisticated as the Florida Supreme Court casually makes a fundamental mistake in an important area of the law. Unfortunately, Saleeby v. Rocky Elson Construction, Inc., 3 So. 3d 1078 (Fla. 2009) represents one of these unusual instances. The Court was faced with a simple question: may evidence pertaining to a prior settlement be offered at trial when it is relevant to something other than liability or the invalidity or amount of the pending claim. The universal answer under both federal law and the law of other states is yes, as long as …

Dec. 1, 2010, Ifc, Policy On Soc. And Environmental Sustainability _V2, Ifc

IFC E&S Performance Standards

No abstract provided.