Law Commons^™

Kinder V. Geithner - American Nurses Association Amicus Brief, American Nurses Association

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Kurns V. Railroad Friction Products Corp.: Brief Of Public Law Scholars As Amici Curiae In Support Of Petitioners, Nina A. Mendelson

Appellate Briefs

Amici are scholars and teachers in various fields of public law that bear on federal preemption of state law.

Amici have each written extensively on questions involving the preemption of state law by federal statutes and regulations. We submit this brief as an opportunity to bring our scholarship to bear on questions of public importance facing the Court

Question Presented: Whether the Locomotive Inspection Act preempts the field of state common-law claims against manufacturers of locomotives and locomotive parts by workers injured in railroad maintenance facilities.

European Union Accession To The European Convention On Human Rights: An Institutional “Marriage”, Konstantinos G. Margaritis

Human Rights & Human Welfare

A possible accession of European Union (hereinafter: EU/the Union) to the European Convention on Human Rights (ECHR/the Convention) has been discussed in legal society for more than thirty years. The topic had widely opened after the 1979 Commission Memorandum where the major pros and cons were underlined and practical problems were addressed. This discussion led to an official request to the European Court of Justice (ECJ/the Court) in relation to the legality of such accession; the outcome was included in opinion 2/94 that found such accession incompatible with the European Community (EC/the Community) Treaty.

© Konstantinos G. Margaritis. All rights …

Resources For Legal Drafting, Clare Gaynor Willis

Presentations

Class lecture in formbooks.

August 17, 2011: Check Out James Wood On The Joy Of Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Check Out James Wood on The Joy of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share, Michelle Madden Dempsey

Working Paper Series

Amongst the many valuable contributions that Professor Antony Duff has made to criminal law theory is his account of what it means for a wrong to be public in character. In this chapter, I sketch an alternative way of thinking about criminalization, one which attempts to remain true to the important insights that illuminate Duff’s account, while providing (it is hoped) a more satisfying explanation of cases involving victims who reject the criminal law’s intervention.

Ndls Update 08/16/2011, Notre Dame Law School

NDLS Update

No abstract provided.

Presentation On Early Childhood Programs And Economic Development To American Chamber Of Commerce Executives Convention, Timothy J. Bartik

Presentations

No abstract provided.

A State Law Approach To Preserving Fair Use In Academic Libraries, David Hansen

Faculty Publications

Every year academic libraries spend millions of dollars to provide their users access to copyrighted works. Much of that money goes not toward purchasing physical copies of books or journals, but toward licensing electronic content from publishers. In those electronic license agreements, the default rules for how users interact with copyrighted content is often altered, and academic library users are deprived of basic rights—especially rights such as fair use—which are granted under federal copyright law. The literature is flush with discussion of the misuse of private contracts to alter the rights granted by Congress in copyright’s statutory scheme. As a …

New Light On Auer/Seminole Rock Deference, Steve R. Johnson

Scholarly Publications

We have been engaged in an extended exploration of doctrines under which courts may defer to positions and interpretations by state and local tax agencies. The immediately prior installment of this column discusses such deference under state equivalents of what is known as the Auer or Seminole Rock principle, under which courts usually defer to agency interpretations of the agencies’ own ambiguous regulations.

About two weeks after the publication of that installment, the U.S. Supreme Court handed down a major new decision on the Auer principle: Talk America, Inc. v. Michigan Bell Telephone Co. Talk America bids fair to be …

Failure Of The Current Anti-Corruption Strategy In Afghanistan, Hugh Barrett Mcclean

All Faculty Scholarship

Corruption has come to the forefront in Afghanistan as the United States tries to balance efforts to back anti-corruption strategies while maintaining a positive relationship with the Karzai government. Stalled corruption cases suggest corruption in Afghanistan is systemic and not limited to a particular governing body or official. It is clear that corruption exists in both the upper and lower echelons of Afghan society, and will continue to exist until the U.S.-backed anti-corruption teams are accepted by the Afghan government. The strengthening of key institutions continues to be the recommended international model. As demonstrated in the United States, the integration …

Cityland – Vol. 8, No. 7, Center For New York City Law

CityLand - 2011

This issue of CityLand covers major land use and zoning developments in New York City as of August 15, 2011. The City Council approved a reduction in parking requirements for the Gotham Center project in Long Island City and modified a rezoning proposal in Williamsburg to allow Teddy’s Bar and Grill to reestablish its sidewalk café. A commercial overlay was approved in Whitestone to facilitate a TD Bank branch, despite community concerns. The City Planning Commission reviewed proposals for a contextual rezoning in Boerum Hill, a large-scale retail development in Gravesend Bay, and a mixed-use project in Harlem. The Board …

August 14, 2011: The Fourth Circuit Gets A Prayer Decision Wrong, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Fourth Circuit Gets a Prayer Decision Wrong“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Hoping For A Smooth [Redistricting] Process This Time, Kevin Washburn

Faculty Scholarship

No abstract provided.

Kinder V. Geithner - Appellees Brief, Timothy Geithner

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Circuit Court Opinion, United States Court Of Appeals For The Eleventh Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Baldwin V. Sebelius - Ninth Circuit Opinion, United States Court Of Appeals For The Ninth Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Eminent Domain And Racial Discrimination: A Bogus Equation, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This paper is a transcript of testimony by Professor J. Peter Byrne before the U.S. Civil Rights Commission on August 12, 2011.

This hearing addresses claims that the use of eminent domain for economic development unfairly and disproportionately harms racial and ethnic minorities. These claims draw on the history of urban renewal prior to the 1960’s, when many African Americans and others were displaced by publicly funded projects that bulldozed their homes in largely failed attempts to modernize cities. Justice Clarence Thomas’s dissent in Kelo v. City of New London further argued that the use of eminent domain for economic …

Table Of Contents (Volume 87)

International Law Studies

No abstract provided.

Who May Be Held? Military Detention Through The Habeas Lens, Robert M. Chesney

International Law Studies

No abstract provided.

The Changing Character Of The Participants In War: Civilianization Of Warfighting And The Concept Of "Direct Participation In Hostilities", Charles Garraway

International Law Studies

No abstract provided.

The Law Of Armed Conflict In Asymmetric Urban Armed Conflict, David E. Graham

International Law Studies

No abstract provided.

The Changing Character Of Public Legal Scrutiny Of Operations, Rob Mclaughlin

International Law Studies

No abstract provided.

Xviii Concluding Remarks: Loac And Attempts To Abuse Or Subvert It, Yoram Dinstein

International Law Studies

No abstract provided.

Full Volume 87: International Law And The Changing Character Of War (2011)

International Law Studies

No abstract provided.

Combating Terrorist: Legal Challenges In The Post-9/11 World, Nicholas Rostow

International Law Studies

No abstract provided.

Cyber Attacks As "Force" Under Un Charter Article 2(4), Matthew C. Waxman

International Law Studies

No abstract provided.

Mission Impossible? International Law And The Changing Character Of War, John F. Murphy

International Law Studies

No abstract provided.

Low-Intensity Computer Network Attack And Self-Defense, Sean Watts

International Law Studies

No abstract provided.

Xvii Asymmetric Warfare: How To Respond?, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.