Law Commons^™

Judge Pauley’S Opinion In Clapper: Reset Button For Bulk Collection Debate?, Peter Margulies

Law Faculty Scholarship

This article was originally found in Lawfare, available here: https://www.lawfareblog.com/judge-pauleys-opinion-clapper-reset-button-bulk-collection-debate

Desperately Seeking Substance (Not Slogans) In Review Group Report On Nsa Surveillance, Peter Margulies

Law Faculty Scholarship

No abstract provided.

I’M Shocked, Shocked To Find That Politics Is Going On In Here, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

The First Circuit And The First Amendment, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Jurisdiction And The Enforcement Of Foreign Judgments, Tanya Monestier

Law Faculty Scholarship

No abstract provided.

Al-Libi And Detention At Sea, Peter Margulies

Law Faculty Scholarship

No abstract provided.

On Monday's Argument In Al-Bahlul, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Growing Regulatory State Of Banking, Alberto R. Gonzales

Law Faculty Scholarship

Our country has often struggled with finding the right balance between too little and too much regulation. Some regulation and oversight is necessary--if for nothing more than to level the playing field. The danger, of course, is that government officials often do not fully appreciate how the heavy hand of regulation affects business, nor anticipate how legislation will affect the markets long term. Lawmakers in several states have introduced resolutions calling on Congress to spit up big banks by separating traditional banking services and investment banking. Five years after the financial crisis, these state resolutions show there is still public …

Final Word On The Bahlul Brief, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Sur-Reply To Heller On Al Bahlul, Peter Margulies

Law Faculty Scholarship

No abstract provided.

A Response To Steve Vladeck And Kevin Jon Heller, Peter Margulies

Law Faculty Scholarship

No abstract provided.

University Of New Hampshire School Of Law Library, Susan Drisko Zago

Law Faculty Scholarship

Review of The University of New Hampshire School of Law Library, Concord, NH.

Immigration Consequences To A Charge Of Simple Assault Or Battery, Deborah Gonzalez

Law Faculty Scholarship

No abstract provided.

What Implications Will The Supreme Court's Taxing Power Decision Have On The Goals Of The Affordable Care Act And Healthcare?, Alberto R. Gonzales, Donald B. Stuart

Law Faculty Scholarship

One of the signature achievements of the Obama Administration is the Affordable Care Act. The Act represents a massive change to the country's healthcare system that includes an individual mandate requiring certain individuals to purchase health insurance or pay a penalty. In 2012, the U.S. Supreme Court upheld this individual mandate under Congress's taxing power. This Comment will examine the implications of the Court's decision on the individual mandate and the Court's taxing power analysis. A primary objective of the Act is to have more Americans covered by health insurance. This Comment suggests the Court's decision may ultimately result in …

(Still) A "Real And Substantial" Mess: The Law Of Jurisdiction In Canada, Tanya Monestier

Law Faculty Scholarship

No abstract provided.

Privacy Laws And Privacy Levers: Online Surveillance Versus Economic Development In The People's Republic Of China, Ann Bartow

Law Faculty Scholarship

This essay describes and contextualizes the ongoing efforts by the Communist Party of China (CPC) to reconcile two dramatically competing interests: the desire to extensively monitor the communications of its citizenry, and a burning ambition to further develop its banking and financial industries, its high tech innovation capabilities, and its overall share of the “knowledge economy.” Monitoring and censoring communications, especially via “one to many” social networking platforms, is viewed as essential for the prevention of mass anti-Party political activities ranging from peaceful civil disobedience to armed insurrection and for the protection of the reputations of individual Party leaders. Mobile …

Defining, Punishing, And Membership In The Community Of Nations: Material Support And Conspiracy Charges In Military Commissions, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Mickey Goes To France: A Case Study Of The Euro Disneyland Negotiations, Lauren A. Newell

Law Faculty Scholarship

Euro Disneyland (since renamed Disneyland Resort Paris) in Marne-la-Vallée, France was declared a success even before it was built, and yet it narrowly escaped a humiliating bankruptcy after opening. This article applies intercultural negotiation theory to examine how The Walt Disney Company proved fallible in its negotiations with the French government and citizens in the course of constructing and operating Euro Disneyland.

Through a case study of the negotiations, this article reveals why the reality proved so different from the expectations. It concludes with advice for how The Walt Disney Company — and, by implication, any multinational firm — should …

The Indeterminacy Critique And The Trespass Fallacy, Shine Tu

Law Faculty Scholarship

No abstract provided.

Drones: The Power To Kill, Alberto R. Gonzales

Law Faculty Scholarship

After the terrorist attacks on September 11th, 2001, the Bush Administration began the use of unmanned armed aerial drones to pursue targets in Afghanistan and Pakistan. The Obama Administration has continued this policy, expanding it to pursue substantially more targets in Yemen and new ones in Pakistan. This Article analyzes the Obama Administration’s procedures for placing American citizens on the list of targets for drone strikes and proposes additional measures that Congress and the President can take to ensure that the procedures comply with constitutional guarantees of due process. This Article uses Supreme Court precedents on enemy combatant designations and …

Post-Crawford: Were Recent Changes To State Voter Id Laws Really Necessary To Prevent Voter Fraud And Protect The Electoral Process?, Tracey Carter

Law Faculty Scholarship

Voter identification (ID) was the hottest topic in election law debates in numerous state legislatures throughout 2011 and 2012. In fact, in 2012, voter ID legislation was introduced in 32 states. The 2008 U.S. Supreme Court decision in Crawford v. Marion County Election Board served as the impetus for the flurry of recent changes in state voter ID laws across the country. In the Crawford decision, the Supreme Court upheld restrictions on voting, specifically upholding strict photo identification requirements when voting in person at the polls on Election Day. This article discusses the right to vote, recent voter photo ID …

White Collar Over-Criminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan

Law Faculty Scholarship

Overcriminalization takes many forms and impacts the American criminal justice system in varying ways. This article focuses on a select portion of this phenomenon by examining two types of overcriminalization prevalent in white collar criminal law. The first type of over criminalization discussed in this article is Congress’s propensity for increasing the maximum criminal penalties for white collar offenses in an effort to punish financial criminals more harshly while simultaneously deterring others. The second type of overcriminalization addressed is Congress’s tendency to create vague and overlapping criminal provisions in areas already criminalized in an effort to expand the tools available …

Pleading Innocents: Laboratory Evidence Of Plea Bargaining's Innocence Problem, Vanessa Edkins, Lucian E. Dervan

Law Faculty Scholarship

We investigated plea bargaining by making students actually guilty or innocent of a cheating offense and varying the sentence that they would face if found ‘guilty’ by a review board. As hypothesized, guilty students were more likely than innocent students to accept a plea deal (i.e., admit guilt and lose credit; akin to accepting a sentence of probation) (Chi-square=8.63, p<.01) but we did not find an effect of sentence severity. Innocent students, though not as likely to plead as guilty students, showed an overall preference (56% across conditions) for accepting a plea deal. Implications and future directions are discussed.

The Innocent Defendant’S Dilemma: An Innovative Empirical Study Of Plea Bargaining’S Innocence Problem, Lucian E. Dervan, Vanessa Edkins

Law Faculty Scholarship

In 1989, Ada JoAnn Taylor was accused of murder and presented with stark options. If she pleaded guilty, she would be rewarded with a sentence of ten to forty years in prison. If, however, she proceeded to trial and was convicted, she would likely spend the rest of her life behind bars. Over a thousand miles away in Florida and more than twenty years later, a college student was accused of cheating and presented with her own incentives to admit wrongdoing and save the university the time and expense of proceeding before a disciplinary review board. Both women decided the …

Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman

Law Faculty Scholarship

Within American society, there is a general sense that changing the rules after the game has been played is unfair. While state legislatures more often enact prospective legislation, they nevertheless still regularly engage in retroactive civil lawmaking. In essence, state legislatures are changing the rules after the game has been played. Most Americans inaccurately assume such measures are unconstitutional under the federal constitution. Although several provisions of the United States Constitution offer potential sources of constitutional constraint upon retroactive civil lawmaking, ultimately, as they have been interpreted by the United States Supreme Court, these protections are extremely narrow, largely hollow, …

Black Armbands, 'Boobies' Bracelets And The Need To Protect Student Speech, David L. Hudson Jr.

Law Faculty Scholarship

Discusses the precedential value of the Tinker v. Des Moines Independent School District decision in the current Boobies Bracelets debate.

Networks In Non-International Armed Conflicts: Crossing Borders And Defining "Organized Armed Group", Peter Margulies

Law Faculty Scholarship

No abstract provided.

Using Valuation-Based Decision Making To Increase The Efficiency Of China's Patent Subsidy Strategies, William Murphy, John L. Orcutt

Law Faculty Scholarship

[Excerpt] “The Chinese government has grown concerned that its patent fee subsidy programs have not funded the most deserving patents, and thus they no longer wish to spend public resources to promote low-value patents. Instead, the government would prefer subsidy programs that encourage the most deserving patents. The Patent Strategy reflects this desire, as the fourth strategic focus of the Patent Strategy recognizes the need to “[o]ptimize [China’s] patent subsidy policy and further define the orientation to enhance patent quality.”19 This Article explains how a disciplined and transparent valuation-based decision making process can help the Chinese government design patent fee …

Captive Markets, Leah A. Plunkett

Law Faculty Scholarship

Today, inmates in county jails nationwide are billed for some or all of the costs of their room-and-board behind bars. Statutes authorizing counties to implement these “pay-to-stay” programs are on the books in roughly 70% of states, yet the financial mechanism on which these programs typically rely is not well understood. Although the pay-to-stay obligation bears some resemblance to familiar citizen-state financial transactions — such as fines and penalties, restitution, taxes, and fees — it in fact usually belongs to a distinct model that this Article calls the “government-imposed-loan.” This Article provides an overview of the landscape of pay-to-stay programs …

Genetic Privacy And The Fourth Amendment: Unregulated Surreptitious Dna Harvesting, Albert E. Scherr

Law Faculty Scholarship

Genetic privacy and police practices have come to the fore in the criminal justice system. Case law and stories in the media document that police are surreptitiously harvesting the DNA of putative suspects. Some sources even indicate that surreptitious data banking may also be in its infancy. Surreptitious harvesting of out-of-body DNA by the police is currently unregulated by the Fourth Amendment. The few courts that have addressed the issue find that the police are free to harvest DNA abandoned by a putative suspect in a public place. Little in the nascent surreptitious harvesting case law suggests that surreptitious data …