Law Commons^™

Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose

Faculty Scholarship

This paper takes a closer look at the First Amendment rights of college athletes to access social media while simultaneously participating in intercollegiate athletics. The question posed is quite simple: can a coach or athletic department at a public university legally restrict a student-athlete's use of social media? If so, does the First Amendment provide any restraints on the type or length of restrictions that can be imposed? Thus far, neither question has been presented to a court for resolution. However, the answers are vital, as college coaches and athletic directors seek to regulate their athletes in a constitutional manner.

The Limits Of Enumeration, Richard A. Primus

Articles

According to a well-known principle of constitutional interpretation here identified as the “internal-limits canon,” the powers of Congress must always be construed as authorizing less legislation than a general police power would. This Article argues that the internallimits canon is unsound. Whether the powers of Congress would in practice authorize any legislation that a police power would authorize is a matter of contingency: it depends on the relationship between the powers and the social world at a given time. There is no reason why, at a given time, the powers cannot turn out to authorize any legislation that a police …

Taxation And Inequality: A Case For The Vat., Reuven S. Avi-Yonah

Articles

The author shows that a progressive income tax has had little effect on after-tax income inequality. Social programs, however, do create a more equal society. He proposes a national sales tax—a value-added tax—to finance more such social programs as America's best route to a more equal society.

Mead As (Mostly) Moot: Predictive Interpretation In Administrative Law, Ryan D. Doerfler

Cardozo Law Review

In National Cable & Telecommunications Ass'n v. Brand X Internet Services, the Supreme Court explained that, within the domain of unclear agency-administered statutes, a federal court is subordinate to an administering agency. When an administering agency speaks authoritatively, federal court practice reflects this. When an agency speaks only informally, however, federal court practice does not. Specifically, when construing an agency-administered statute absent an authoritative agency interpretation, a federal court errs, given its subordinate status, when it exercises independent judgment concerning what interpretation is best. Instead, that subordinate status requires a court to predict what authoritative interpretation the administering agency …

Terrorism Prosecutions And The Problem Of Constitutional "Cross-Ruffing", Stephen I. Vladeck

Cardozo Law Review

No abstract provided.

M&A In Japan: Reenergized, Center For Japanese Legal Studies

Center for Japanese Legal Studies

On December 4, 2014, a symposium called “M&A in Japan: Reenergized” was held at Columbia Law School (CLS). Mr. Hidemi Moue, CEO of Japan Industrial Partners (JIP), was the first speaker on this panel, sharing his thoughts on the development of Japanese M&A and current trends. Mr. Jonathan Rouner, the head of International M&A of Nomura Securities International, and Professor Curtis J. Milhaupt, the Parker Professor of Comparative Corporate Law and director of the Center for Japanese Legal Studies (CJLS) at CLS, each shared their perspectives on current and future trends for the M&A in Japan. Professor Hugh Patrick, the …

Making Agricultural Investments Work For Land Users & Communities, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

Earlier this year, Liberian President Ellen Johnson Sirleaf made an unexpected commitment related to foreign investment in land and community land rights. In a meeting with communities who had raised concerns regarding a British company’s attempts to expand its palm oil production onto their customary land, the President effectively told those communities that they would have the right to say yes or no to further expansion, noting that the company could expand only with the affected communities’ approval.

Philanthropically Funded Heroism Awards For Kidney Donors?, Muriel Niederle, Alvin E. Roth

Law and Contemporary Problems

No abstract provided.

Reciprocal Altruism—The Impact Of Resurrecting An Old Moral Imperative On The National Organ Donation Rate In Israel, Jacob Lavee, Avraham Stoler

Law and Contemporary Problems

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Coming Up Short: The United States' Second-Best Strategies For Corralling Purely Speculative Derivatives, Timothy E. Lynch

Faculty Works

Purely speculative derivatives (PSDs) are derivatives in which neither counterparty is engaged in hedging. Unless used for entertainment purposes, PSDs are irrational, less-than-zero-sum transactions. Entities that engage in PSDs jeopardize their stakeholders and increase systemic risk. PSDs can also increase moral hazard, be used for regulatory arbitrage, and redirect resources away from efficient allocation of market capital. PSDs should be unenforceable, void for public policy reasons, except where expressly permitted to provide gambling entertainment, enhance price discovery, or increase liquidity for hedgers. In the U.S., however, PSDs are often legal and enforceable, even after the financial crisis of 2008 that …

Considering Why We Lost, Tami Davis Biddle

The US Army War College Quarterly: Parameters

No abstract provided.

Reflections On The Korean Jury Trial, Valerie P. Hans

Cornell Law Faculty Publications

Korea's experience with its new jury system offers many lessons for those interested in juries and jury reform worldwide. Aiming for a unique jury system that was ideally suited to Korean citizens and their legal system, those who crafted Korea's jury incorporated elements of both classic jury systems and mixed tribunals. Initially, the jury deliberates on guilt independently of the judge, but the procedure includes optional as well as mandatory opportunities for the presiding judge to advise the jury during its deliberation. The Korean jury delivers an advisory rather than binding jury verdict. These and other features of the Korean …

A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court's Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily C. Paavola

Cornell Law Faculty Publications

This article examines empirically the capital cases decided by the lower courts since the United States Supreme Court created the categorical ban against the execution of persons with intellectual disability twelve years ago in the Atkins decision.

“Danger Is My Business”: The Right To Manufacture Unsafe Products, Richard C. Ausness

Law Faculty Scholarly Articles

While no one would dispute that safety is a desirable objective, it may not always be an absolute priority. Rather, in some cases, other societal interests such as personal autonomy, consumer choice, product cost, and performance may trump legitimate safety goals. This is reflected in some of the doctrines and defenses that have evolved to protect the producers of unsafe products against tort liability. Some of these doctrines, such as those determining liability for the producers of optional safety equipment, inherently dangerous products, products with obvious hazards, and prescription drugs and medical devices, are part of the law of products …

Local Government Law, Kirk Fjelstul

Mercer Law Review

This Article reviews Georgia appellate decisions presenting new or instructive issues related to local government law during the survey period from June 1, 2013 to May 31, 2014.

The Influence Of Campaign Contributions On The Legislative Process, Lynda W. Powell

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The Disappearance Of Corruption And The New Path Forward In Campaign Finance, Eugene D. Mazo

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Running The D.C. Circuit Gauntlet On Cost-Benefit Analysis After Citizens United: Empirical Evidence From Sarbanes-Oxley And The Jobs Act, Ciara Torres-Spelliscy, Kathy Fogel, Rwan El-Khatib

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Classifying Corruption, Yasmin Dawood

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The Court As Gatekeeper: Preventing Unreliable Pretrial Ediscovery From Jeopardizing A Reliable Fact-Finding Process, Daniel K. Gelb

Fordham Law Review

No abstract provided.

Should Neither Wind Nor Rain Nor Hurricane Keep Victims From Recovery? Examining The Tort And Insurance Systems’ Ability To Compensate Hurricane Victims, Kathleen A. Zink

Fordham Law Review

Large-scale natural disasters, such as hurricanes, wreak tremendous havoc, causing billions of dollars in damages.  Those who suffer serious damage may turn to their insurance providers or the tort system for compensation.  But, both the tort and insurance systems present serious limitations to a hurricane victim’s recovery.  This Note analyzes the goals and criticisms of these two systems to determine which compensates hurricane victims best.  In light of its analysis, this Note ultimately concludes that neither system satisfactorily compensates victims.  Yet, tort could play some role in hurricane-related damage.  Tort law could effectively deter negligent behavior by imposing liability on …

Workplace Discrimination As A Public Health Issue: The Necessity Of Title Vii Protections For Volunteers, Elizabeth R. Langton

Fordham Law Review

What constitutes an employee is a recurring issue in U.S. employment law, especially with respect to volunteers.  Under Title VII, an employee is defined as “an individual employed by an employer.”  The U.S. Supreme Court has found that this definition is circular and explains nothing.  Given the vague statutory definition of “employee,” circuit courts are split over the correct test to determine employee status for the purposes of Title VII.

Workplace discrimination is especially toxic because the majority of the adult population spends its waking hours at work.  Thus far, courts have been focused on the individual nature of workplace …

From Railroads To Sand Dunes: An Examination Of The Offsetting Doctrine In Partial Takings, Louis M. Russo

Fordham Law Review

Called “shadowy at best,” the offsetting doctrine in partial takings has confused “even trained legal minds” and generated inconsistent decision after inconsistent decision.  The offsetting doctrine allows certain benefits, termed special, to offset condemnation awards, while general benefits may not be offset.  Courts blindly adhere to the doctrine despite its underpinnings rooted in eighteenth-century public policy, which was based on concerns of overly speculative valuation and arguably erroneous fairness, as well as incorrect interpretations of Takings Clause jurisprudence.  Such adherence dramatically increases the cost of financing a takings project.

In the face of blind adherence to the doctrine, municipalities are …

Three Steps Forward: Shared Regulatory Space, Deference, And The Role Of The Court, Amanda Shami

Fordham Law Review

When a party files suit challenging the legitimacy of an agency’s interpretation of its governing statute, Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. instructs courts to defer to the agency’s interpretation where (1) the court has found that Congress had not foreclosed the agency’s interpretation, and (2) the agency’s interpretation was a reasonable or permissible exercise of its authority. However, sometimes Congress enacts statutes delegating authority over a given regulatory space to more than one agency. When two agencies have shared authority under the same regulatory scheme, those agencies may disagree regarding the interpretation of certain provisions that …

Shaping The Technology Of The Future: Predictive Coding In Discovery Case Law And Regulatory Disclosure Requirements, Christina T. Nasuti

North Carolina Law Review

No abstract provided.

Rediscovering Trespass: Towards A Regulatory Approach To Defining Fourth Amendment Scope In A World Of Advancing Technology, Martin R. Gardner

Buffalo Law Review

No abstract provided.

The Dispute Resolution Market, Gerhard Wagner

Buffalo Law Review

No abstract provided.

A Rational Theory Of Mitigation And Aggravation In Sentencing: Why Less Is More When It Comes To Punishing Criminals, Mirko Bagaric

Buffalo Law Review

No abstract provided.

Snap And Destroy: Preservation Issues For Ephemeral Communications, Ryan G. Ganzenmuller

Buffalo Law Review

No abstract provided.