Law Commons^™

Is It Greek Or Déjà Vu All Over Again?: Neoliberalism And Winners And Losers Of International Debt Crises, Tayyab Mahmud

Faculty Articles

The global financial meltdown and the Great Recession of 2007-2009 have brought into sharp relief the uneven distribution of gain and pain during economic crises. The 2009-2010 debt crisis in Greece resulted in a windfall for financial institutions at the expense of taxpayers, a rollback of welfare systems, and the impoverishment of the working classes. This outcome is consistent with the pattern that has emerged in the international debt crises of the last three decades, including the Latin American crisis during the 1980s and the Asian crisis during the 1990s.

The recurrent international debt crises of the last three decades …

Punctuated Equilibrium: A Model For Administrative Evolution, Mark C. Niles

Faculty Articles

The “public choice” model of the administrative state posits a federal regulatory structure that is dominated by the private entities subject to its policy proscriptions. The formidable advantages in resources and focus enjoyed by the these private entities leave governmental units, like agencies and legislatures, with little realistic chance to resist agency capture and avoid implementing the policy objectives of the parties whom they are charged with regulating.

As theoretically powerful and practically descriptive as this model is, there is one significant question for which it fails to provide a satisfying answer—why, if regulated entities enjoy a strangle-hold on the …

A Prudent Approach To Climate Change, John B. Kirkwood

Faculty Articles

Climate change poses large and difficult issues. The potential stakes are enormous, but there is vexing uncertainty about the likelihood of a catastrophe, our ability to mitigate it, the economic costs of taking action, and the desirability of doing so without the participation of the world’s rapidly developing economies. This article outlines a prudent response to these uncertainties. Given the state of the economy, it does not endorse high taxes or other severe curbs on carbon emissions. But unlike John Kunich’s article in the same volume, it does not suggest it would be appropriate to do nothing. Instead, the article …

Slavery, The Rule Of Law, And The Civil War, George Van Cleve

Faculty Articles

No abstract provided.

Neither A Model Of Clarity Nor A Model Statute: An Analysis Of The History, Challenges, And Suggested Changes To The “New” Article 120, Hon. Jack Nevin, Joshua R. Lorenz

Faculty Articles

No abstract provided.

Laws As Tactics, Dean Spade

Faculty Articles

This article will look at how trans scholarship and activism have taken up disciplinary critiques of gender, often influenced by Butler, and suggest that further development of critical trans perspectives focused on sites of regularization is needed, for which Butler's work on governmentality can be useful. To start, it describes some of the key concepts from Butler's work that have been taken up in trans politics and briefly reviews the distinctions Foucault offers between sovereignty, discipline and biopolitics. The article then examines some of the ways that trans politics has critiqued disciplinary norms, looking at resistance to the medicalization of …

Falling Through The Crack: How Courts Have Struggled To Apply The Crack Amendment To Nominal Career And Plea Bargain Defendants, Maxwell Arlie Halpern Kosman

Michigan Law Review

Under the Federal Rules of Criminal Procedure, a defendant is normally obligated to attend all of the proceedings against her. However Rule 43(b)(2) carves out an exception for organizational defendants, stating that they "need not be present" if represented by an attorney. But on its face, the language of 43(b)(2) is ambiguous: is it the defendant or the judge who has the discretion to decide whether the defendant appears? That is, may a judge compel the presence of an organizational defendant? This Note addresses the ambiguity in the context of the plea colloquy, considering the text of several of the …

Horizontal Erie And The Presumption Of Forum Law, Michael Steven Green

Michigan Law Review

According to Erie Railroad v. Tompkins and its progeny, a federal court interpreting state law must decide as the state's supreme court would. In this Article, I argue that a state court interpreting the law of a sister state is subject to the same obligation. It must decide as the sister state's supreme court would. Horizontal Erie is such a plausible idea that one might think it is already established law. But the Supreme Court has in fact given state courts significant freedom to misinterpret sister-state law. And state courts have taken advantage of this freedom, by routinely presuming that …

No. 7 - The Future Of International Trade: An American Perspective, Rebecca H. White, C. Donald Johnson, Mark Laplante, John Sheppard, Chris Papageorgiou, Charles Hunnicutt, William Gillon, Marisa Pagnattaro, John Cobau, Audrey Winter, Theodore Kassinger, Demetrios Marantis, Shanker Singham, Frank Samolis, Andrew Shoyer, Ayesha Khanna

Occasional Papers Series

Organized and sponsored by the Dean Rusk Center for International Law and Policy and the University of Georgia’s Terry College of Business, along with the Business Law Society and Graduate Business Association, The Future of International Trade was a daylong conference exploring issues related to the business aspects of international trade, future challenges for trade, and the future of multilateral trade negotiations. Ambassador Demetrios Marantis, deputy U.S. trade representative, served as the keynote speaker for the event.

Journal Of Intellectual Property Law Managing Board, 2011-2012, Journal Of Intellectual Property Law

Materials from All Student Organizations

No abstract provided.

To Reveal Or Conceal?—An Isp’S Dilemma, Presenting A New “Anonymous Public Concern Test” For Evaluating Isp Subpoenas In Online Defamation Suits, Cayce Myers

LLM Theses and Essays

This article proposes a new test called the “Anonymous Public Concern Test” which incorporates public concern analysis in enforcing Internet Service Provider [ISP] subpoenas in online defamation suits. Anonymous speech is an important aspect of First Amendment rights that warrants protection. Current tests used by courts to analyze whether to enforce ISP subpoenas are either too pro-plaintiff or too pro-defendant. The article’s proposed “Anonymous Public Concern Test” is the best approach in dealing with ISP subpoenas because it protects both anonymous speeches and preserves online defamation plaintiffs’ rights.

Questioning The Frequency And Wisdom Of Compulsory Licensing For Pharmaceutical Patents, F. Scott Kieff, Richard A. Epstein

GW Law Faculty Publications & Other Works

Many advocates for using compulsory licensing (“CL”) for pharmaceutical patents in developing countries like Thailand rest their case in part on the purported use of CL in the United States. In this paper we take issue with that proposition on several grounds. As a theoretical matter, we argue that the basic presumption in favor of voluntary licenses for IP should apply in the international arena, in addition to the domestic one. In the international context, voluntary licenses are of special importance because they strengthen the supply chain for distributing pharmaceuticals and ease the government enforcement of safety standards. Next, this …

Dialogue Magazine, Winter 2011

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

The Federalization Of Nonprofit And Charity Law, Dana Brakman Reiser

Kentucky Law Journal

No abstract provided.

The Federalization Of The Duty Of Loyalty Governing Charity Fiduciaries Under United States Tax Law, Johnny Rex Buckles

Kentucky Law Journal

No abstract provided.

The "Federalization" Problem And Nonprofit Self- Regulation: Some Initial Thoughts, Mark Sidel

Kentucky Law Journal

No abstract provided.

Choking Out Local Community Service Organizations: Rising Federal Tax Regulation And Its Impact On Small Nonprofit Entities, Nicole S. Dandridge

Kentucky Law Journal

No abstract provided.

The Federalization Of Nonprofit Regulation And Its Discontents, James J. Fishman

Kentucky Law Journal

No abstract provided.

An Unnecessary Conflict: Bifurcated Civil Trials And States' Need For An Alternate Rule For Alternate Jurors, Craig M. Brunson

Kentucky Law Journal

No abstract provided.

Federal Regulation Of Nonprofit Board Independence: Focus On Independent Stakeholders As A "Middle Way", Benjamin Moses Leff

Kentucky Law Journal

No abstract provided.

Spare The Rod, Spoil The Litigator? The Varying Degrees Of Culpability Required For An Adverse Inference Sanction Regarding Spoliation Of Electronic Discovery, Lauren R. Nichols

Kentucky Law Journal

No abstract provided.

Drawing The Line At Pushing "Play": Barring Video Montages As Victim Impact Evidence At Capital Sentencing Trials, Alicia N. Harden

Kentucky Law Journal

No abstract provided.

Structural Racism And The Law In America Today: An Introduction, William M. Wiecek

Kentucky Law Journal

No abstract provided.

Racial Cartels And The Thirteenth Amendment Enforcement Power, Darrell A. H. Miller

Kentucky Law Journal

No abstract provided.

Beyond Public/Private: Understanding Excessive Corporate Prerogative, John A. Powell, Stephen Menendian

Kentucky Law Journal

This article makes the case against excessive corporate prerogative by revealing ways in which the exercise of corporate power to protect and relentlessly pursue corporate interests subverts our democracy with harmful consequences for democratic accountability, civil rights, human rights, the economy, the environment, privacy, individual freedom and the nation's welfare.

The Sophistic Method?: Dialectic And Eristic In Legal Pedagogy, Thomas Cothran

Kentucky Law Journal

No abstract provided.

The Iqbal Effect: The Impact Of New Pleading Standards In Employment And Housing Discrimination Litigation, Raymond H. Brescia

Kentucky Law Journal

No abstract provided.

The Fading Bright Line Of Physical Presence: Did Kfc Corporation V. Iowa Department Of Revenue Give States The Secret Recipe For Repudiating Quill?, Adam B. Thimmesch

Kentucky Law Journal

No abstract provided.

Cost Conscious Justice: The Case For Wholly-Informed Discretionary Sentencing In Kentucky, Emily M. Grant

Kentucky Law Journal

No abstract provided.

Granny Snatching And Personal Jurisdiction--An Argument For A New Federal Interpleader, Brittany Griffin Smith

Kentucky Law Journal

No abstract provided.