Law Commons^™

Sustainable Growth & Development On The South Carolina Coastline: Opportunity For Local Governments To Pave The Way, Jessie A. White

Southeastern Environmental Law Journal

No abstract provided.

Table Of Contents

South Carolina Law Review

No abstract provided.

What Does Cfaa Mean And Why Should I Care - A Primer On The Computer Fraud And Abuse Act For Civil Litigators, Shawn E. Tuma

South Carolina Law Review

No abstract provided.

From Barbarity To Regularity: A Case Study Of Unnecesarean Malpractice Claims, Jamie Abrams

South Carolina Law Review

No abstract provided.

An Overview Of The U.S. Retirement Income Security System And The Principles And Values It Reflects, Kathryn L. Moore

Law Faculty Scholarly Articles

This article is designed to provide an overview of the U.S. retirement income security system from a comparative law perspective. Like many countries, the U.S. has a three tier pension or retirement income system, with the three tiers consisting of (1) Social Security, (2) employment-based pensions, and (3) individual savings. Thus, superficially, the U.S. retirement income security system resembles that of many around the world. Yet, in other ways, such as its focus on individual rights and responsibility, the U.S. system is unique.

The article begins by discussing the nine guiding principles of the U.S. Social Security system as identified …

Motions 2011 Volume 48 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Uses And Abuses Of Textualism And Originalism In Establishment Clause Interpretation, Carl H. Esbeck

Faculty Publications

This article takes up the curious tale as to why the text and drafting record in the House and Senate were ignored by the Court in Everson, as well as what the text and debate can tell us about contemporary theories making the rounds. One theory of conservatives is that the Establishment Clause was not intended to prohibit support for religion so long as no religion is preferred.

Arbitration Ambush In A Policy Polemic, Amy J. Schmitz

Faculty Publications

Arbitration has been demonized in the media and consumer protection debates, often without empirical support or consideration of its attributes. This has led to renewed efforts to pass the Arbitration Fairness Action, which would bar enforcement of pre-dispute arbitration clauses in consumer, employment, and civil rights contexts. It also inspired Dodd-Frank’s preclusion of arbitration clauses in mortgage contracts, along with the Consumer Financial Protection Bureau’s charge to prohibit or limit enforcement of pre-dispute arbitration agreements in consumer financial products and services contracts. Some of this negativity toward arbitration is warranted, especially in the wake of the United Supreme Court’s recent …

International Arbitration And The Republic Of Colombia: Commercial, Comparative And Constitutional Concerns From A U.S. Perspective, S. I. Strong

Faculty Publications

This article undertakes the first comparative analysis of Colombian arbitration law in English, setting Colombian statutory and case law side by side with international and U.S. law to provide U.S. parties with the information they need to (1) evaluate the risks and benefits associated with entering into an arbitration agreement with a Colombian party and (2) establish the kinds of procedures needed to provide optimal protection of the arbitral process and any resulting award. Not only does this research discuss important comparative and commercial matters, it also considers how a unique type of constitutional challenge - the acción de tutela …

Trafficking In Europe: An Analysis Of The Effectiveness Of European Law, Saadiya Chaudary

Michigan Journal of International Law

This Essay looks at the manifestation of various forms of human trafficking within Europe and analyzes the effectiveness of current European law provisions in combating trafficking and protecting victims. The Essay will accomplish this by examining recent and current cases before the European Court of Human Rights and the comparative gap between European standards and domestic procedures in the United Kingdom. The United Kingdom is a well-known destination state for trafficking victims' and consequently is required to meet obligations under international law toward a significant number of individuals who have been forced into exploitation in the United Kingdom.

Memory Of Eric Stein, Carl A. Valenstein

Michigan Journal of International Law

My memory of Eric Stein is of a teacher and mentor rather than a colleague. I will leave to others more qualified than I to describe his major contributions to the academic literature and teaching of European Community and public international law. When I entered Michigan Law School as a student in 1980, Eric had "technically" retired or at least transitioned to emeritus status. I say he had "technically" retired because his commitment to the law school community as a writer, teacher, and mentor to students never appeared to diminish. He still taught a number of classes and seminars, wrote …

A Global Panopticon - The Changing Role Of International Organizations In The Information Age, Jennifer Shkabatur

Michigan Journal of International Law

The outbreaks of Severe Acute Respiratory Syndrome (SARS) in 2002-2003 and Swine Flu (H1N1) in 2009 captured a great deal of global attention. The swift spread of these diseases wreaked havoc, generated public hysteria, disrupted global trade and travel, and inflicted severe economic losses to countries, corporations, and individuals. Although affected states were required to report to the World Health Organization (WHO) events that may have constituted a public health emergency, many failed to do so. The WHO and the rest of the international community were therefore desperate for accurate, up-to-date information as to the nature of the pandemics, their …

Putting The "Convenience" Back In Forum Non Conveniens: Gonzalez V. Advanced Medical Optics, Inc., Lindsay Cronin

American University Law Review

No abstract provided.

The People's Court, Kermit J. Lind

Law Faculty Articles and Essays

The Cleveland Housing Court adjudicates only one house and one owner at a time, while the investors and speculators in blighted properties operate in secret at high volume from a distance. However, the court's focus on housing code compliance and its (when needed) willingness to hand down strong measures is powerful. Even now, the City of Cleveland is implementing new strategic code compliance measures in partnership with neighborhood-based community development corporations, to the point where there is less profit in owning worthless houses in Cleveland, and the court is redirecting the disposal of low-value foreclosed houses to local land banks …

Proving Racial Discrimination And Monitoring Fair Lending Compliance: The Missing Data Problem In Nonmortgage Credit, Winnie F. Taylor

Faculty Scholarship

No abstract provided.

La Producción De Alimentos En México En El Marco De Las Políticas Neoliberales Y Del Tlcan, José Luis Calva

University of Miami Inter-American Law Review

No abstract provided.

Food, Globalism And Theory: Marxian And Institutionalist Insights Into The Global Food System, Charles R.P. Pouncy

University of Miami Inter-American Law Review

No abstract provided.

Nafta's Trojan Horse & The Demise Of The Mexican Hog Industry, Pamela A. Vesilind

University of Miami Inter-American Law Review

No abstract provided.

Food Justice As Interracial Justice: Urban Farmers, Community Organizations And The Role Of Government In Oakland, California, Christopher J. Curran, Marc-Tizoc González

University of Miami Inter-American Law Review

No abstract provided.

La's Taco Truck War: How Law Cooks Food Culture Contests, Ernesto Hernández-López

University of Miami Inter-American Law Review

No abstract provided.

Litigio Estrategico Contra La Siembra De Maiz Geneticamente Modificado En Mexico,, Miguel Rábago Dorbecker, Graciela Rodriguez, Luis Miguel Cano, Luis Fernando Garcia

University of Miami Inter-American Law Review

No abstract provided.

An Orderly Liquidation Authority Is Not The Solution To Too-Big-To-Fail, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

A Tribute To Patrick Baude, Randall T. Shepard, Lauren K. Robel, Daniel O. Conkle, Laura J. Cooper, Roger B. Dworkin, Jeffrey E. Stake

Indiana Law Journal

The Board of Editors dedicates Volume 86 of the Indiana Law Journal to the memory of Patrick Baude, who taught at the School of Law from August 1968 until his death in January 2011, and who served for many years as the faculty advisor for the Indiana Law Journal. As evidenced below, Professor Baude’s influence spread far beyond the bounds of his classroom walls, and his presence in the Law School’s community will be sorely missed.

Regulating On The Fringe: Reexamining The Link Between Fringe Banking And Financial Distress, Jim Hawkins

Indiana Law Journal

Critics of fringe banking—products like payday loans, pawn loans, and rent-toown leases—frequently argue that these products cause borrowers to experience financial distress. This argument has enormous intuitive appeal: Fringe credit is very costly, and usually the borrowers who use it are already in a serious financial bind. Taking on additional debt and paying high prices for it, the reasoning goes, drive them over the brink. Surprisingly, however, linking financial distress to fringe banking is extremely difficult to do. This Article represents the first attempt to uncover the relationship between fringe banking and financial distress by systematically analyzing the structure of …

Between Victim And Agent: A Third-Way Feminist Account Of Trafficking For Sex Work, Shelley Cavalieri

Indiana Law Journal

Feminist legal theorists have devoted enormous attention to conceptualizing the issues of sex work and trafficking for sexual purposes. While these theories vary, they typically fall into one of two camps. The abolitionist perspective, having grown out of dominance feminist theory, perceives sex work as inherently exploitative. In contrast, a second group of theorists adopts a liberal notion of individual choice and draws on the poststructuralist rejection of gender essentialism to envision a theoretical model of sex-worker rights. The legal and public policies that grow from these two models are similarly polarized. Radical feminist abolitionists are often strange bedfellows with …

Zoning For Conservation Easements, Jesse J. Richardson Jr., Amanda C. Bernard

Law and Contemporary Problems

Richardson and Bernard talk about zoning for conservation easements. Most conservation easements are perpetual and may have a huge impact on the land use in a community. With few exceptions, however, conservation easements have not been incorporated in any meaningful way into local land-use planning.

Wind Turbine Wakes, Wake Effect Impacts, And Wind Leases: Using Solar Access Laws As The Model For Capitalizing On Wind Rights During The Evolution Of Wind Policy Standards, Kimberly E. Diamond, Ellen J. Crivella

Duke Environmental Law & Policy Forum

No abstract provided.

May It Please The Court, David F. Forte

Law Faculty Articles and Essays

As Alexander Hamilton noted, judges have no power of the purse. They have no army. Their only weapon is the reasons they proffer.

The Professional And Amateur Sports Protection Act (Paspa): A Bad Bet For The States, Eric Meer

UNLV Gaming Law Journal

Sports gambling is a multi-billion dollar industry in America today, but state and local governments, by and large, do not benefit in any way. The Professional and Amateur Sports Protection Act (PASPA), a 1992 federal law, restricts all but a handful of states from legalizing sports gambling. This has allowed a thriving shadow economy of mob-associated bookies and offshore websites to operate with virtual impunity. PASPA’s restrictions have not received much attention—until recently. The severity of the recent recession has forced state governments to get creative and find new sources of tax revenue, and many states have turned to sports …

Prohibiting Sex Purchasing And Ending Trafficking: The Swedish Prostitution Law, Max Waltman

Michigan Journal of International Law

At the symposium on "Successes and Failures in International Human Trafficking Law" at the University of Michigan Law School in February 2011, I addressed the topic of international sex trafficking law, particularly the Swedish law that prohibits the purchase of sex while simultaneously decriminalizing the prostituted person. Being asked to address trafficking, I was surprised by the name given to my panel: "Kidnapped at Home, Sold Abroad: Sex Trafficking in the International Community." This surprise was owing to the fact that in the most current international instrument defining trafficking, the United Nation's so-called Palermo Protocol, nowhere is the term "kidnapping" …