Law Commons^™

Federal Visions Of Private Family Support, Laura A. Rosenbury

UF Law Faculty Publications

This Article offers a new perspective on the relationship between family and federalism by analyzing why the government — whether state or federal — recognizes family at all. The Article examines the current balance between state and federal authority over family by reviewing the Supreme Court’s recent decisions in Astrue v. Capato, upholding the Social Security Administration’s deference to states’ intestacy laws when distributing benefits to posthumously conceived children, and United States v. Windsor, in which the Court struck down a provision of the federal Defense of Marriage Act. Although each decision affirmed the states’ primary role in defining family …

Ecosystem Services Valuation For Estuarine And Coastal Restoration In Florida, Susanna Blair, Carrie Adams, Thomas T. Ankersen, Maia Mcguire, David Kaplan

UF Law Faculty Publications

This study reviews the available ecosystem-service valuation literature for a number of Florida's coastal natural communities including oyster reefs, beach dunes, mangrove forests, seagrass beds, and salt marshes. We summarize the services provided by these five commonly restored natural communities in Florida and provide an analysis intended to support two main objectives: 1) to enumerate the range of ecosystem services provided by coastal natural communities as a way to educate stakeholders and support prioritization of habitat restoration; and 2) to inventory ecosystem measurements from the literature for each of the five natural communities and provide specific metrics for their measurement. …

[Dis-]Informing The People's Discretion: Judicial Deference Under The National Security Exemption Of The Freedom Of Information Act, Susan Nevelow Mart, Tom Ginsburg

Public Law and Legal Theory Working Papers

No abstract provided.

The Stored Communications Act And Digital Assets, David Horton

Vanderbilt Law Review

This Article explores the impact of federal law on a state fiduciary's management of digital assets. It focuses on the lessons from the Stored Communications Act ("SCA'), initially enacted in 1986 as one part of the Electronic Communications Privacy Act. Although Congress designed the SCA to respond to concerns that Internet privacy posed new dilemmas with respect to application of the Fourth Amendment's privacy protections, the drafters did not explicitly consider how the SCA might affect property management and distribution. The resulting uncertainty affects anyone with an email account. While existing trusts and estates laws could legitimately be interpreted to …

Unconstitutional Perpetual Trusts, Steven J. Horowitz, Robert H. Sitkoff

Vanderbilt Law Review

"I never can be thankful, Mr. Bennet, for any thing about the entail."t Perpetual trusts are an established feature of today's estate planning firmament. Yet little-noticed provisions in the constitutions of nine states, including in five states that purport to allow perpetual trusts by statute, proscribe ')erpetuities." This Article examines those provisions in light of the meaning of ')erpetuity" as a legal term of art across history. We consider the constitutionality of perpetual trust statutes in states that have a constitutional ban on perpetuities and whether courts in states with such a ban may give effect to a perpetual trust …

The Art, Craft, And Future Of Legal Journalism: A Tribute To Anthony Lewis , Richard C. Reuben

Missouri Law Review

In the modern era, few performed this function better than Anthony Lewis, the legendary U.S. Supreme Court reporter and columnist for The New York Times, who died in March 2013. A pioneer in the coverage of law and the courts, Lewis is widely credited with being one of the founders of contemporary legal journalism. Through a remarkable career that included two Pulitzer Prizes and five books, Lewis taught by example a generation of journalists how to cover the law with accuracy, insight, perspective, and passion. While the law can often be dry and technical, and cases idiosyncratic, Lewis showed legal …

The Rigorous Romantic: Anthony Lewis On The Supreme Court Beat, Linda Greenhouse

Missouri Law Review

Tony Lewis called himself “a romantic about the Supreme Court.” If he had not been a romantic when he took up the beat for the New York Times in 1957, he surely would have become one as, for the next seven years, he chronicled the Warren Court’s progressive constitutional revolution at the peak of its energy and transformative power. To list just some of the landmark opinions the Court issued during those seven years is to prove the point: Cooper v. Aaron, Mapp v. Ohio, Baker v. Carr, Engel v. Vitale, Gideon v. Wainwright, Brady v. Maryland, School District of …

Anthony Lewis, Dahlia Lithwick

Missouri Law Review

Tony Lewis changed everything about Supreme Court reporting. He changed everything because he inserted himself directly into the conversation between the Justices of the Supreme Court and the American public. He wasn’t writing for the constitutional scholars; he wasn’t writing for the history books (although he might have been) and he wasn’t writing to impress the justices (although he did). Instead, Lewis was a translator, an ambassador, who in the Warren Court era fashioned himself as the People’s Solicitor General; he was the advocate for the little guy before the high court, and an advocate to his readers about what …

Institutionalizing Press Relations At The Supreme Court: The Origins Of The Public Information Office, Jonathan Peters

Missouri Law Review

At the U.S. Supreme Court, the press is the primary link between the justices and the public, and the Public Information Office (“PIO”) is the primary link between the justices and the press. This Article explores the story of the PIO’s origins, providing the most complete account to date of its early history. That story is anchored by the major events of several eras – from the Great Depression policymaking of the 1930s to the social and political upheaval of the 1970s. It is also defined by the three men who built and shaped the office in the course of …

As Today’S Tony Lewises Disappear, Courts Fill Void, David A. Sellers

Missouri Law Review

Tony was a gifted writer, who covered one of the most challenging beats in Washington. His nine “news makers” were not generally accessible to journalists, and their work product was not easily decipherable. Yet Tony made the Supreme Court both understandable and relevant to his readers. Regrettably, the number of journalists who cover courts today, let alone those who write with Tony’s insight and clarity, is very small and rapidly declining. Any number of reports, most notably, the annual State of the News Media by the Project for Excellence in Journalism (“PEJ”), chronicles the shrinking newspaper newsroom workforce, which in …

Making Judge-Speak Clear Amidst The Babel Of Lawspeakers, Michael A. Wolff

Missouri Law Review

As law became more of a publicly traded commodity in the 1990s, courts, including the Supreme Court of Missouri, began to hire public information officers. It may strike you as odd, when you think about it, as to why a court that communicates with words would need someone assigned to explain to the wordsmiths of the media – and sometimes to the public itself – what judges meant by the collections of words in their judicial opinions. But today, we take it for granted that public information officers are essential to the operation of a state supreme court, and although …

Supreme Court Decision On Juvenile Sentencing Results In Cruel And Unusual Difficulties For Missouri, Andrew Peebles

Missouri Law Review

Part II gives a brief background of the facts and circumstances surrounding the Hart decision. Part III discusses the history of the Eighth Amendment and explores the U.S. Supreme Court’s trend toward leniency in the imposition of punishments, culminating with a discussion of the Miller decision. Part IV delves into the Supreme Court of Missouri’s reasoning behind its decision in Hart and the temporary sentencing procedures the court provided. Finally, Part V comments on the many problems currently facing Missouri’s criminal justice system since the implementation of the Miller decision and the actions that will be required by the legislature …

The Path To Antitrust Success Against The Ncaa Is More Limited Than You Think, Keith Starr

Missouri Law Review

The National Collegiate Athletic Association (“NCAA”) has recently run into a bit of an antitrust problem. Although the NCAA has been challenged by parties claiming antitrust injury in the past, it has never before seen the onslaught of antitrust attacks currently pending against it. Further complicating the matter is that applying the federal antitrust laws to the NCAA’s more restrictive rules and regulations is judicially-uncharted territory. In Part II, this Law Summary provides a brief background on the federal antitrust laws and how they have previously applied to the NCAA. In Part III, this Summary discusses some of the more …

Call Me, Maybe: Missouri’S Approach To Extraterritorial Personal Jurisdiction On The Basis Of Interstate Communications, Caleb Wagner

Missouri Law Review

This Note discusses the legal doctrine of personal jurisdiction over out of-state parties in Missouri and how the instant case fits within that regime. It also offers guidance for out-of-state parties conducting business in Missouri, as well as Missouri parties dealing with out-of-state corporations, suggesting ways in which businesses can structure their arrangements to ensure specific forums should litigation become necessary.

Text And Context: Contract Interpretation As Contract Design, Ronald J. Gilson, Charles F. Sabel, Robert E. Scott

Cornell Law Review

No abstract provided.

Plaintiphobia In The Supreme Court, Theodore Eisenberg, Kevin M. Clermont

Cornell Law Review

No abstract provided.

Why Salinas V. Texas Blurs The Line Between Voluntary Interviews And Custodial Interrogations, Brian Donovan

Cornell Law Review

No abstract provided.

Five Year Strategic Plan For Economic Development: Prepared For The Town Of Winthrop, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

In the spring of 2014, the Town of Winthrop hired the Edward J. Collins, Jr. Center for Public Management at the University of Massachusetts Boston to help develop a Strategic Plan for Economic Development. The Center’s project team began its work by carefully analyzing data in order to understand Winthrop’s current business environment, and to learn how it has changed over time. Multiple sources of information were used, including the Census Bureau’s Decennial Census, American Community Survey, and County Business Patterns, data from the Bureau of Labor Statistics, and Claritas retail leakage data. In addition, the project team distributed and …

Well-Being And Public Policy, John Bronsteen, Christopher Buccafusco, Jonathan Masur

Coase-Sandor Institute for Law & Economics Research Paper Series

Governments rely on certain basic economic metrics and tools to analyze prospective laws and policies and to monitor how well their countries are doing. For decades, critics of such economic measures have argued that they ignore important aspects of value

Reputation And The Responsibility Of International Organizations, Kristina Daugirdas

Articles

The International Law Commission’s Draft Articles on the Responsibility of International Organizations have met a sceptical response from many states, international organizations (IOs), and academics. This article explains why those Articles can nevertheless have significant practical effect. In the course of doing so, this article fills a crucial gap in the IO literature, and provides a theoretical account of why IOs comply with international law. The IO Responsibility Articles may spur IOs and their member states to prevent violations and to address violations promptly if they do occur. The key mechanism for realizing these effects is transnational discourse among both …

Well-Being And Public Policy, John Bronsteen, Christopher Buccafusco, Jonathan Masur

Public Law and Legal Theory Working Papers

Governments rely on certain basic economic metrics and tools to analyze prospective laws and policies and to monitor how well their countries are doing. For decades, critics of such economic measures have argued that they ignore important aspects of value

Sharing The Necessary And Proper Clause, William Baude

Public Law and Legal Theory Working Papers

Few constitutional clauses have been the focus of so many hopes and fears as the Necessary and Proper Clause. In his Foreword, Professor John Manning puts forward a powerful vision of the clause, challenging the current approach of the Supreme Court. F

The Paradoxes Of Public Philosophy, Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.

Market Efficiency And The Problem Of Retail Flight, Alicia J. Davis

Articles

In 1950, 91 % of common stock in the U.S. was owned directly by individual inves­ tors. Today, that percentage stands at only 23%. The mass exodus of retail investors and their investment dollars has negative implications not only for capital formation and investor protection, but also for market efficiency. Individual investors are often assumed to be noise traders who distort stock prices and harm market functioning. Therefore, some argue that their withdrawal from the market should be of little concern; indeed, it should be celebrated. Recent empirical evidence calls this assertion of retail noise trading into doubt, and this …

Chinese Law Reform: Its Recent Past And Uncertain Future, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

Just as economic reforms were beginning in 19789-1979 and China’s leaders announced that China was going to create a “socialist market economy,” a prominent Chjinese economist said.

“Market economy” should be “a bird in the cage” of the socialist economy.

Today, Chinese law reform reflects a mixed picture: The cage has grown since the onset of reform, but the law is still a bird inside of it.

International Investment Agreements: Are Their Policy Aims Served By Their Broad Definitions Of Covered “Investors” And “Investments”?, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

With negotiation of “mega-treaties” such as the 12-country Trans-Pacific Partnership (TPP) and investment treaties between the EU and other large economies such as Canada and the United States, international investment agreements (IIAs) are gaining fame and raising a host of important policy questions. Among those questions are who/what the treaties benefit and at what cost.

Toward Win-Win Sustainable Development, Linda Moon

Columbia Center on Sustainable Investment Staff Publications

An interview with Lisa Sachs, Director of the Columbia Center on Sustainable Investment.

Paradoxes Of Court Centered-Legal History: Some Values Of Historical Understanding For A Practical Legal Education, Edward A. Purcell Jr.

Journal of Legal Education

No abstract provided.

A Good Lawyer, Brigham A. Fordham

Journal of Legal Education

No abstract provided.

Book Review Of Leadership On The Federal Bench: The Craft And Activism Of Jack Weinstein, By Jeffrey B. Morris, Elizabeth A. Schneider

Journal of Legal Education

No abstract provided.