Law Commons^™

Can Damages Be Too Damaging Examining Mason County And Its Progeny, Amber Marie Moore

West Virginia Law Review

No abstract provided.

Water Bankruptcy, Christine A. Klein

UF Law Faculty Publications

Many western states are on the verge of bankruptcy, with debts exceeding assets. And yet, they continue to take on additional debt through contracts and other commitments. Although this distress sounds like an outgrowth of the 2008 recession, this crisis involves water, not money. In particular, the problem concerns the western prior appropriation system of water law, which allocates the right to use water under the priority principle of “first in time, first in right.” In many states, the system is so “over-allocated” that it promises to deliver annually much more water than nature provides. The crisis will deepen as …

Choosing Among Innocents: Should Donations To Charities Be Protected From Avoidance As Fraudulent Transfers, Jeffrey Davis

UF Law Faculty Publications

In recent years, the nation has experienced the most severe recession since the Great Depression of the 1930s. A recession is like a low tide. When the water recedes, the crabs, slugs, and urchins appear. Similarly, when the economy recedes, Ponzi schemes appear. People cut back on saving and investing, and many are forced to draw on savings and investments. Deprived of its life's blood, a positive cash flow, a Ponzi scheme dies. This explains why so many Ponzi schemes have failed recently, including the schemes of Bernard Madoff in New York, Tom Petters in Minneapolis, Robert Allen Stanford in …

Guidelines For Child Protection Mediation, Kelly Browe Olson Co-Editor

Law Faculty Scholarship

No abstract provided.

Polley V. Ratcliff: A New Way To Address An Original Sin?, Atiba R. Ellis

West Virginia Law Review

No abstract provided.

For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon

Faculty Publications By Year

No abstract provided.

Monitored Disclosure: A Way To Avoid Legislative Supremacy In Redistricting Litigation, Mark Tyson

Washington Law Review

The Speech or Debate Clause of the U.S. Constitution protects members of Congress from testifying about “legislative acts” or having “legislative acts” used against them as evidence. U.S. Supreme Court decisions delineating the scope of what constitutes a “legislative act” have an episodic feel and have failed to create a readily applicable test for new factual scenarios. One such scenario occurs when members of Congress communicate with state legislators regarding congressional redistricting. Courts must know how to handle instances where members of Congress assert legislative privilege in the redistricting context, and specifically when members of Congress assert the privilege in …

A Conversation With Justice Sandra Day O’Connor And Judge Judith S. Kaye, Hon. Sandra Day O'Connor, Hon. Judith S. Kaye

Fordham Law Review

No abstract provided.

Understanding And Incentivizing Biosimilars, Jason Kanter, Robin Feldman

UC Law Journal

Congress recently passed the Biosimilars Act in an attempt to replicate the success that generic small molecule drugs have enjoyed under the Hatch-Waxman Act. The Biosimilars Act provides a pathway for biosimilars to achieve quicker and less expensive FDA approval than what is required for a new biopharmaceutical. There is, however, greater uncertainty and cost associated with achieving the coveted biosimilarity status. This reflects the complex production methods of biopharmaceuticals, along with the many factors that can alter the structure and function of such drugs. This Article analyzes the Biosimilars Act and the draft guidances recently released by the FDA. …

Going Rogue: Stop The Beach Renourishment As An Object Of Morbid Fascination, Mary Doyle, Stephen J. Schnably

UC Law Journal

Scholarly response to the Supreme Court’s decision in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection has focused on the plurality’s strong advocacy of a judicial takings doctrine. We take a different tack. While the concept of judicial takings is worthy of serious attention, it is wrong to treat the plurality opinion as an ordinary object of analysis. It is, instead, the emanation of a Court going rogue. Three basic symptoms of the pathology stand out. First, sleight of hand: The plurality opinion purports to be about an institutional issue—can a state court commit a taking?—while slipping …

Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky

William & Mary Bill of Rights Journal

No abstract provided.

Workplace Enforcement Workarounds, Stephen Lee

William & Mary Bill of Rights Journal

No abstract provided.

The Transformation Of Immigration Federalism, Jennifer M. Chacón

William & Mary Bill of Rights Journal

No abstract provided.

Guns And Membership In The American Polity, Pratheepan Gulasekaram

William & Mary Bill of Rights Journal

No abstract provided.

Immigration And Civil Rights: Is The "New" Birmingham The Same As The "Old" Birmingham, Kevin R. Johnson

William & Mary Bill of Rights Journal

No abstract provided.

Urban Politics And The Assimilation Of Immigrant Voters, Rick Su

William & Mary Bill of Rights Journal

No abstract provided.

Funding Health-Related Vr Services: The Potential Impact Of The Affordable Care Act On The Use Of Private Health Insurance And Medicaid To Pay For Health-Related Vr Services, Robert Silverstein

All Institute for Community Inclusion Publications

One of the myriad of issues affecting the administration of the vocational rehabilitation (VR) program by State VR agencies under Title I of the Rehabilitation Act is how to maximize access to and use of all available funding sources to pay for VR services and supports for VR applicants and clients. In March 2010, Congress passed and the President signed into law the "Affordable Care Act" (ACA). 1 On June 28, 2012, the United States Supreme Court upheld all of the provisions of the ACA, with the exception of provisions mandating Medicaid expansion. The Supreme Court held that if a …

Introduction: Making The Link Between Transitional Justice And Conflict-Related Sexual Violence, Margot Wallström

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Dealing With The Past In A Post-Conflict Society: Does The Participation Of Women Matter? Insights From Northern Ireland, Catherine O'Rourke

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict, Kathleen Cornelsen

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Reparations For Conflict-Related Sexual And Reproductive Violence: A Decalogue, Ruth Rubio-Marín

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Do You Hear What I Hear?: The Right Of Prospective Parents To Use Pgd To Intentionally Implant An Embryo Containing The Gene For Deafness, Sarah Aviles

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

"Actual Results May Vary": Toward Fiercer National Regulation Of Digitally Manipulated Cosmetics Advertisements, Jason Rea

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Cartels As Rational Business Strategy: Crime Pays, John M. Connor, Robert H. Lande

Cardozo Law Review

No abstract provided.

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn, Courtney E. Ferrell

Mercer Law Review

This Article surveys cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2011 through May 31, 2012, during which principles of administrative law were either illuminated or formed an important piece of the decision making. For a change, the Authors observed a significant increase in the number of reported cases during the survey period, but that increase does not necessarily indicate a trend. No attempt has been made to survey cases that properly would fall under categories of more specific articles in this issue, although some degree of overlap is inevitable because of shared …

Local Government Law, Kirk Fjelstul, James E. Elliott Jr.

Mercer Law Review

This was another active year of litigation by, for, against, within, and between local governments. The Article that follows includes appellate decisions with unique, new, or instructive issues.

Trial Practice And Procedure, Kate S. Cook, Brandon L. Peak, John C. Morrison Iii, Tedra C. Hobson, Mary K. Weeks, Jeb Butler

Mercer Law Review

This Article addresses several significant cases and legislation of interest to the Georgia civil trial practitioner occurring during the survey period of this publication.

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The 2011-2012 survey period featured decisions of the appellate courts in areas ranging from medical privacy to diligent job searches, with only minor legislation impacting the Workers' Compensation Act.

Harmonizing Equitable Exceptions: Why Courts Should Recognize An “Actual Innocence” Exception To The Aedpa’S Statute Of Limitations, Morgan Suder

San Diego Law Review

This Comment argues that to neutralize this potential inequality, the Supreme Court should affirm the Ninth Circuit’s recent decision in Lee v. Lampert, finding that a credible claim of actual innocence constitutes an equitable exception to the AEDPA’s one-year statute of limitations period. District courts must be able to call on their equitable powers, including both equitable principles already applied to the AEDPA’s statute of limitations as well as the actual innocence exception, in determining whether a district court may consider the merits of a criminal defendant’s otherwise untimely habeas petition.

Part II discusses the role of federal habeas corpus …