Law Commons^™

Morphing Case Boundaries In Multidistrict Litigation Settlements, Margaret S. Thomas

Journal Articles

The boundaries of federal multidistrict litigation (MDL) are blurring, as district courts seek innovative ways to facilitate global settlements to resolve multzjurisdictional, multidimensional, national mass torts. The techniques emerging from the district courts have mostly evaded appellate review and received little scholarly attention, but they raise important challenges to traditional understandings of the nature of MDL and complex litigation. This Article argues that factually similar cases proceeding in multiple court systems in mass tort disputes create a ''federalism problem "for global settlements: global settlements typically benefit from oversight by a single judge, but often there is no single judge who …

Spillover Across Remedies, Michael Coenen

Journal Articles

Remedies influence rights, and rights apply across remedies. Combined together, these two phenomena produce the problem of spillover across remedies. The spillover problem occurs when considerations specific to one remedy affect the definition of a substantive rule that governs in other remedial settings. For example, the severe remedial consequences of suppressing incriminating evidence might generate substantive Fourth Amendment precedents that make other Fourth Amendment remedies (such as damage awards, injunctions, or ex ante denials of search warrants) more difficult to obtain. Or, the rule of lenity might yield a narrowed reading of a statutory rule in a criminal case, which …

Hydraulic Fracturing And The Baseline Testing Of Groundwater, Keith B. Hall

Journal Articles

No abstract provided.

An Outrageous Response To "You're Fired!", William Corbett

Journal Articles

No abstract provided.

Soy Dominicano - The Status Of Haitian Descendants Born In The Dominican Republic And Measures To Protect Their Right To A Nationality, Monique A. Hannam

Vanderbilt Journal of Transnational Law

On September 25, 2013, the Constitutional Tribunal of the Dominican Republic retroactively interpreted the Dominican Constitution to deny Dominican citizenship to children born to irregular migrants in Dominican territory since 1929. The tribunal's decision disproportionately affects approximately two hundred thousand persons of Haitian descent. In general, states have the right to determine their nationality criteria. However, the Dominican Republic violated international law by arbitrarily and discriminatorily depriving the Haitian descendants of their Dominican nationality and by increasing the incidence of statelessness. The international community should intervene urgently and decisively on behalf of the Haitian descendants. This Note proposes specific ways …

Determining International Responsibility Under The New Extra-Eu Investment Agreements: What Foreign Investors In The Eu Should Know, Freya Baetens, Gerard Kreijen, Andrea Varga

Vanderbilt Journal of Transnational Law

The EU's newly acquired competence over foreign investment poses largely unprecedented legal challenges: the Union's unique structure and functioning are bound to raise questions about the traditional format of international investor-State arbitration. Anticipating these challenges, the European Commission has proposed a Regulation on managing the financial responsibility that arises out of such arbitrations; a revised version of this proposal was adopted by the European Parliament and the Council of the European Union. After outlining the contemporary international investment regime, as well as the relevant aspects of the EU legal system, this Article scrutinizes three problematic issues under international law that …

The Dehumanization Of International Humanitarian Law: Legal, Ethical, And Political Implications Of Autonomous Weapon Systems, Markus Wagner

Vanderbilt Journal of Transnational Law

In the future, a growing number of combat operations will be carried out by autonomous weapon systems (AWS). At the operational level, AWS would not rely on direct human input. Taking humans out of the loop will raise questions of the compatibility of AWS with the fundamental requirements of international humanitarian law (IHL), such as the principles of distinction and proportionality, as well as complicate allocation of responsibility for war crimes and crimes against humanity.

This Article addresses the development toward greater autonomy in military technology along three dimensions: legal, ethical, and political concerns. First, it analyzes the potential dehumanizing …

Masthead

Valparaiso University Law Review

No abstract provided.

Shared Parenting Laws: Mistakes Of Pooling?, Margaret F. Brinig

Journal Articles

In their recent paper “Anti-Herding Regulation,” forthcoming in the Harvard Business Review, Ian Ayres and Joshua Mitts argue that many well-intentioned public policy regulations potentially harm rather than help situations. That is, because they seek to pool — or herd — groups of people, treating them as equal, they miss or mask important differences among the regulated, thus magnifying systematic risk. Anti-herding regulation, on the other hand, can produce socially beneficial information, in their words steering “both private and public actors toward better evidence-based outcomes.” Left to their own, or with various carrot-and-stick incentives, some groups, anyway, would instead fare …

Judicial Review Of Ncaa Eligibility Decisions: Evaluation Of The Restitution Rule And A Call For Arbitration, Stephen F. Ross, Richard T. Karcher, S. Baker Kensinger

Faculty Scholarship

Courts have held that the general principles of judicial non-interference with the decisions of private associations do not apply where a dominant organization’s decisions effectively prevent individuals from participating in an important activity, including a profession or sports. Although the bylaws of the National Collegiate Athletic Association (NCAA) give it unfettered power, it remains subject to judicial review when its decisions violate constitutional or statutory limits, or principles of contract law, or when they are inconsistent with the organization’s own rules. As such, general principles of equity should freely permit an athlete to obtain injunctive relief where the applicable standards …

From Rawls To Habermas: Towards A Theory Of Grounded Impartiality In Canadian Administrative Law, Laverne Jacobs

Osgoode Hall Law Journal

At the same time that Canadian public law jurisprudence has grappled with some key cases on bias, a vibrant debate has also raged over the meaning and scope of the notion of impartiality within political and moral philosophy. Spurred by Rawls’ view of liberalism, and culminating in the theory of deliberative democracy, this debate evolved over a span of more than four decades. Yet this philosophical literature is rarely, if at all, referred to in the public law jurisprudence dealing with impartiality. This article asks whether the debates surrounding impartiality in political and moral philosophy and those in Canadian public …

Concentrated Ownership And Corporate Control: Wallenberg Sphere And Samsung Group, Hwa-Jin Kim

Articles

Samsung Group’s success cannot be attributed to its corporate governance structure, at least thus far. The corporate governance of Samsung has been rather controversial. As the group faces the succession issue the corporate governance has become as crucial as their new products and services. Samsung has discovered a role model on the other side of the planet, Wallenberg Sphere in Sweden. Much effort has been made to learn about Wallenberg’s arrangements and key to its success. However, a fundamental difference between the institutions in Sweden and Korea has made the corporate structures of the two groups radically different. Wallenberg uses …

Corporate Revenue Miscalculations & The Impact On Stakeholders, Karen Cascini, Alan L. Delfavero, Ryan Bezner

WCBT Faculty Publications

Corporate earnings restatements are regarded as one of the most significant issues in accounting today. While there are various factors that can influence profitability, revenue is the key contributor to a business’ net income. During the 2000s, a multitude of domestic and multinational corporations faced significant issues with their revenue recognition practices. Although the investing public might regard any revenue restatement as laden with possible fraud, this is not always the case. Multinational firms face dual accounting systems, such as U.S. Generally Accepted Accounting Principles (GAAP) and International Financial Reporting Standards (IFRS). Currently, similarities and differences between the accounting systems …

Faa Endorsements - Escaping Judicial Review - The Second Circuit Rules That An Endorsement Of Panel Recommendations Is Not A Final Order, J. Bryan White

Journal of Air Law and Commerce

No abstract provided.

Grounded At The Pleading Stage: How Do Tsa Agents Assess A Peaceful Protest Versus A Disruptive One, Peter Thompson

Journal of Air Law and Commerce

No abstract provided.

Sleeping On The Job - A Critical Analysis Of The Faa's Cargo Carve-Out Under F.A.R. 117 And The Simple Solution That No One Is Talking About, Kelsey M. Taylor

Journal of Air Law and Commerce

No abstract provided.

The Future Of Airline Mergers After The Us Airways And American Airlines Merger, Catherine A. Peterman

Journal of Air Law and Commerce

No abstract provided.

On What Authority: Customs And Border Protection's Unwarranted War On Private Aviation, Heather Mckinney

Journal of Air Law and Commerce

No abstract provided.

Good Intentions, Bad Results, And Ineffective Redress: The Story Of The No Fly And Selectee Lists And A Suggestion For Change, Eric Hedlund

Journal of Air Law and Commerce

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

Patent Law - System Claim Patent-Eligibility After Accenture Global Services, Gmbh V. Guidewire Software, Inc., Samuel Bragg

SMU Law Review

No abstract provided.

Unteachable: Shelby County, Canonical Apostasies, And A Way Forward For The Voting Rights Act, Kareem Crayton, Terry Smith

SMU Law Review

No abstract provided.

Immigration Law - Ninth Circuit Decision Allows For Aliens To Be Penalized For Exercising Their Right To Appeal, Kelli Gavin

SMU Law Review

No abstract provided.

The Fourth Amendment-Are Mobile Phones Now Governmental Tracking Devices?, James M. Lucas

SMU Law Review

No abstract provided.

Language Rights As A Legacy Of The Civil Rights Act Of 1964, Ming Hsu Chen

SMU Law Review

No abstract provided.

After Kiobel: An Essential Step To Displacing The Presumption Against Extraterritoriality, Bryan M. Clegg

SMU Law Review

No abstract provided.

Intersectionality, Multidimensionality, Latino Immigrant Workers, And Title Vii, Leticia M. Saucedo

SMU Law Review

No abstract provided.

America, Land Of The Free And Home Of The Bullies: An Argument For Workplace Bullying Laws In Professional Sports, Cathryn Copeland Wood

SMU Law Review

No abstract provided.

Bearing The Burden Of Denial: Observations Of Lower Court Decisions Misapplying Supreme Court Precedent In Second Amendment Cases, Alex Ploor

SMU Law Review

No abstract provided.

Eulogy For Sarah Tran, Holly Roberson

SMU Law Review

No abstract provided.