Law Commons^™

Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny

Pace Law Review

This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but in …

Bigger Isn’T Always Better: An Analysis Of Court Efficiency Using Hierarchical Linear Modeling, Teresa Dalton, Jordan M. Singer

Pace Law Review

One important measure of trial court efficiency is overall case length—that is, the elapsed time from a case’s initial filing to its final disposition. Using a large, recent dataset from nearly 7000 federal civil cases, we find that two variables are particularly useful in predicting overall case length: the total number of attorneys filing an appearance in the case, and the number of authorized judgeships for a given district court. Further, we find a significant and surprising interaction between these two variables, indicating that smaller courts are more efficient than larger courts at processing civil cases when more than three …

Opening The Gate To Money Market Fund Reform, Hester Peirce, Robert Greene

Pace Law Review

This article proceeds as follows. Part I outlines briefly the background of MMFs. Part II discusses the role of the board of directors in governing MMFs, a role upon which our proposal would build. Part III discusses MMF-related events during the financial crisis of 2007-2008 and describes the government’s response to these events. Part IV describes the reforms the SEC instituted in 2010. Part V outlines options for further reform. Part VI outlines and discusses benefits and drawbacks of our proposed solution—unrestricted discretionary gating by fund boards. Part VII concludes.

Taxpayers’ Lack Of Standing In International Tax Dispute Resolutions: An Analysis Based On The Hybrid Norms Of International Taxation, Limor Riza

Pace Law Review

This paper examines whether a taxpayer should have “standing” in international dispute resolutions. To answer this question the primary task is to identify the nature of international taxation. In other words, this paper discusses how to classify the field of international taxation. Is it part of public international law, private international law (i.e., conflict of laws), national (domestic) law, or is it a hybrid field that requires specific attention? Making this distinction is vital for resolving disputes when a taxpayer is taxed twice for cross-border transactions in cases where the double tax convention is unclear and both contracting states claim …

Reexamining The Seventh Amendment Argument Against Issue Certification, Douglas Mcnamara, Blake Boghosian, Leila Aminpour

Pace Law Review

Issue certification does not run afoul of the Seventh Amendment because of the constitutional doctrines of standing and ripeness. Part II(A) and II(B) examines FRCP 23 and the history of class actions and issue certifications. Next, Part II(C) analyzes Rhone Poulenc and its Seventh Amendment analysis. Part III(A) argues that ripeness and standing undermine Seventh Amendment arguments concerning reexamination. First, as to ripeness, the reexamination argument relies on a series of speculations: that the class plaintiffs will prevail on the trial of the common issues; and that a second jury would—contrary to legal presumptions — ignore the trial judge’s instructions, …

Tipping The Scales In Favor Of Charitable Bequests: A Critique, Elizabeth R. Carter

Pace Law Review

The public policy favoring testamentary bequests to charities is well established in the law. However, that public policy can, and does, conflict with other equally well-founded public policies. When confronted with this conflict, courts are often dismissive or even hostile towards the parties seeking to challenge a testamentary bequest to a charity. I argue that the policy favoring charitable giving has gone too far and has, in some instances, undermined other important public policies. Specifically, courts and legislators have strengthened the charitable bequest policy without giving enough consideration to other, equally important public policies. This problem is not new. History …

Coleman V. Tollefson: Brief Amici Curiae Of Thirty-Three Professors In Support Of Petitioner, Margo Schlanger

Appellate Briefs

Amici are professors with an academic interest in prisoner litigation and federal courts

The Prison Litigation Reform Act's "three strikes" provision, 28 U.S.C. § 1915(g), bars a prisoner from bringing a civil action without prepaying the full amount of the filing fee only if that prisoner has three prior qualifying dismissals that have become final on appeal.

Reversing the Sixth Circuit's contrary reading of the statute in this case will not open the floodgates to frivolous prisoner litigation, as both the provisions of the Prison Litigation Reform Act (PLRA) and data from the Federal Judicial Center confirm.

Rudy Blake Frazier And Building Technology Consulting Llc Order On Defendants' Motion To Strike Complaint, Elizabeth E. Long

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Vawa @ 20: Raising The Visibility Of The Margins And The Responsibility Of The Mainstream, Marcia Olivo, Kelly Miller

City University of New York Law Review

No abstract provided.

What We Should Learn From Garner And Ferguson Cases, Jeffrey Bellin

Popular Media

No abstract provided.

Trending@Rwu Law: Veronica Paricio's Post: Exploring Your Options 1: Public Sector, Veronica Paricio

Law School Blogs

No abstract provided.

Changing The Face Of The Earth: The Morrison-­Knudsen Corporation As Partner To The U.S. Federal Government, Christopher S. Blanchard

Dissertations and Theses

Beginning with reclamation projects in the western U.S., the heavy construction industry helped the federal government grow in size and sophistication in the twentieth century. The Morrison-­Knudsen Corporation throughout the twentieth century represented one of the federal government's favored contractors. Following western reclamation projects, the U.S. federal government then used contractors to help move the U.S. economy out of the Depression, prepare for World War II, wage the Cold War at home and abroad, and win the space race. Thus, at key stages in United States history we observe the necessity of the U.S. federal government partnering with the heavy …

Privacy Doesn't Exist In A Vacuum, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.

Potential Competitive Effects Of Vertical Mergers: A How-To Guide For Practitioners, Steven C. Salop, Daniel P. Culley

Georgetown Law Faculty Publications and Other Works

The purpose of this short article is to aid practitioners in analyzing the competitive effects of vertical and complementary product mergers. It is also intended to assist the agencies if and when they undertake revision of the 1984 U.S. Vertical Merger Guidelines. Those Guidelines are out of date and do not reflect current enforcement or economic thinking about the potential competitive effects of vertical mergers. Nor do they provide the tools needed to carry out a modern competitive effects analysis. This article is intended to partially fill the gap by summarizing the various potential competitive harms and benefits that can …

How Not To Apply Actavis, Michael A. Carrier

NULR Online

No abstract provided.

Vawa @ 20: Hiv, Violence Against Women, And Criminal Law Interventions, Aziza Ahmed

City University of New York Law Review

No abstract provided.

Determinants Of The Irish Bail System Before And After 1997., Adrian Berski

Reports

Bail can be defined as:

The setting at liberty of an accused person upon others becoming sureties for the accused at his trail. The decision to admit a person to bail is judicial matter and, consequently, the court cannot delegate the exercise of this judicial power to an administrative official^[1].

According to the above definition it should be emphasized that an accused person has to ensure the State that he/she will return to the court proceedings or Garda Síochána Station at the particular time. It is imperative that bail is established on the fact that a criminal is …

December 6, 2014: The Death Of Meaning In Law And Life, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Death of Meaning in Law and Life“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Stalled At 20: Vawa, The Criminal Justice System, And The Possibilities Of Restorative Justice, Leigh Goodmark

City University of New York Law Review

No abstract provided.

Vawa @ 20: Building The Knowledge Base: Research Funding Through Vawa, Claire M. Renzetti, Rebecca M. Campbell, Allison Adair

Sociology Faculty Publications

No abstract provided.

Vawa @ 20: Art, Violence, And Women, Yxta Maya Murray

City University of New York Law Review

No abstract provided.

Vawa @ 20: The Politics Of Pretext: Vawa Goes Global, Deborah M. Weissman

City University of New York Law Review

No abstract provided.

Addressing Medicaid/Marketplace Churn Through Multimarket Plans: Assessing The Current State Of Play, Sara Rosenbaum

Health Policy and Management Faculty Publications

No abstract provided.

State Of Utah, Appellee, V. Lane D. Bird, Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

ON APPEAL TO THE UTAH COURT OF APPEALS FROM .A JUDGMENT ENTERED BY THE FIFTH DISTRICT JUDICIAL COURT, IN AND FOR IRON COUNTY, STATE OF UTAH

Enhancing The Use Of Negotiated Rulemaking By The U.S. Department Of Education, Jeffrey Lubbers

Research Reports & White Papers

White paper for the American Council on Education, published as Appendix IV, Recalibrating Regulation of Colleges and Universities, Report of the Task Force on Federal Regulation of Higher Education, 90-125 (2015), available at http://www.help.senate.gov/imo/media/Regulations_Task_Force_Report_2015_FINAL.pdf

Michael S. Robinson, Plaintiff/Appellant, Vs. Jones Waldo Holbrook & Mcdonough, P.C.; Stephen C. Clark, And Melissa M. Bean, Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Salt Lake County, Utah, Honorable Charlene Barlow, Presiding

Newsroom: Yelnosky On State Pension Dispute, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Securities - Insider Trading - The Effects Of The New Eec Draft Insider Trading Directive, Douglas A. Nystrom

Georgia Journal of International & Comparative Law

No abstract provided.

International Law - Enforcement Of International Centre For Settlement Of Investment Disputes Arbitral Awards In The United States - Signatories To The Convention On The Settlement Of Investment Disputes Between States And Nationals Of Other States Are Not Entitled To Sovereign Immunity With Respect To Enforcement Of Icsid Arbitral Awards, Liberian Eastern Timber Corp. V. Government Of Republic Of Liberia, 650 F. Supp. 73 (S.D.N.Y.1986), Dorothy B. Franzoni

Georgia Journal of International & Comparative Law

No abstract provided.

European Economic Community - The Use Of Article 173(2) Of The Eec Treaty To Contest Actions Of The European Parliament, Partie Ecologiste 'Les Verts' (The Greens) V. European Parliament, [1987] 2 Comm. Mkt. L.R. 343 (1986)., Scott N. Carlson

Georgia Journal of International & Comparative Law

No abstract provided.