Law Commons^™

Communication In Cyberspace, Nancy Leong, Joanne Morando

North Carolina Law Review

No abstract provided.

Crowdfunding, Everyone's Doing It: Why & How North Carolina Should Too, Kelly Mathews

North Carolina Law Review

No abstract provided.

"Great And Truly Public": Carolina Law's Twenty-First Century Challenge, Martin H. Brinkley

North Carolina Law Review

No abstract provided.

Money In The Bank And Boots On The Ground: A Law-Policy Proposal To Make The Affordable Care Act Work In Louisiana, Lucas Self

Louisiana Law Review

No abstract provided.

No.34 - December 2015, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

The Odd Couple: The Estate Tax And Family Law, Margaret Ryznar

Louisiana Law Review

No abstract provided.

A Watery Grave For Unseaworthiness Punitive Damages: Mcbride V. Estis Well Service, L.L.C., Phillip M. Smith

Louisiana Law Review

No abstract provided.

Dispatches From Two Fronts Of The Battle For Sentencing Reform: Parole And Federal Sentencing Legislation, Frank O. Bowman Iii

Faculty Publications

This Issue of FSR reports on two fronts in the ongoing national battle for sentencing reform. The first half of the Issue is devoted to evolving views and new initiatives on parole. The second half of the Issue is a report on the content and prospects for success of a number of bills pending in Congress that would reform federal criminal sentencing, corrections, and back-end release practices.

Recognizing The Limits Of Antitrust: The Roberts Court Versus The Enforcement Agencies, Thom Lambert, Alden F. Abbott

Faculty Publications

In his seminal 1984 article, The Limits of Antitrust, Judge Frank Easterbrook proposed that courts and enforcers adopt a simple set of screening rules for application in antitrust cases, in order to minimize error and decision costs and thereby maximize antitrust's social value. Over time, federal courts in general, and the U.S. Supreme Court in particular, under Chief Justice Roberts have in substantial part adopted Easterbrook's "limits of antitrust" approach, thereby helping to reduce costly antitrust uncertainty. Recently, however, antitrust enforcers in the Obama Administration (unlike their predecessors in the Reagan, Bush, and Clinton Administrations) have been less attuned to …

From Incentive To Commodity To Asset: How International Law Is Reconceptualizing Intellectual Property, Rochelle Dreyfuss, Susy Frankel

Michigan Journal of International Law

The intellectual property landscape is changing. As Jerry Reichman once observed, intellectual property rights were islands in a sea of the public domain until domestic laws expanded to include such “innovations” as business methods, software, scents, and sounds and turned the public domain into a pond surrounded by a continent of rights. Reichman spoke towards the end of the 20th century, and whatever problems accompanied this change, in truth (to paraphrase Voltaire’s view of the Holy Roman Empire), the concept of “intellectual property rights” was predominantly about neither “property” nor “rights” (nor was it always “intellectual”). Rather, copyright, patent, and …

Predicting Outcomes In Investment Treaty Arbitration, Susan Franck, Lindsey Wylie

Academic Publications

Crafting appropriate dispute settlement processes is challenging for any conflict-management system, particularly for politically sensitive international economic law disputes. As the United States negotiates investment treaties with Asian and European countries, the terms of dispute settlement have become contentious. There is a vigorous debate about whether investment treaty arbitration (ITA) is an appropriate dispute settlement mechanism. While some sing the praises of ITA, others offer a spirited critique. Some critics claim that ITA is biased against states, while others suggest ITA is predictable but unfair due to factors like arbitrator identity or venue. Using data from 159 final cases derived …

Selected Annotated Bibliography Of National And Regional Legal Needs Survey, Nicole Aylwin, Mandi Gray

Canadian Forum on Civil Justice

Since the mid-1990’s there have been at least twenty-six large-scale national surveys on the public’s experience of justiciable events conducted within sixteen separate jurisdictions. Twenty-four of these surveys have utilized the methodological framework of Hazel Genn’s Paths to Justice (1999). Genn’s approach seeks to examine legal needs beyond what may be identified by respondents as a legal need. This approach emerged due to critiques of previous legal needs research that only sought to identify persons who were likely to use legal services rather than the types of problems that are taken to lawyers. Genn’s approach does not rely upon respondent’s …

Penn Smith, Plaintiff/ Appellee, Vs. V Alden Cram, As Executive-Trustee Under The Declaration Of Trust Dated 11/26/93 , Operating Under The Name Of The Terrestrial Kingdom Of God Defendant/ Appellee ., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Fifth Judicial District, Washington County, State of Utah The Honorable James L. Shumate

Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho

West Virginia Law Review

No abstract provided.

Conflicts Originalism: The "Original Content" Of The Full Faith And Credit Clause And The Compulsory Choice Of Marriage Law, J. Sephen Clark

West Virginia Law Review

No abstract provided.

Shared Spatial Regulating In Sharing-Economy Districts, Michael N. Widener

Seton Hall Law Review

No abstract provided.

Sriracha Shutdown: Hot Sauce Lessons On Local Privilege And Race, Ernesto Hernandez-Lopez

Seton Hall Law Review

No abstract provided.

Up In The Aereo: Did The Supreme Court Just Eliminate The Volitional Conduct Requirement For Direct Copyright Infringement?, Kyle A. Brown

Seton Hall Law Review

No abstract provided.

The Right To Education: Reconciling Teacher Tenure And The Current State Of Public Education, Michael J. Dejianne

Seton Hall Law Review

No abstract provided.

Board Of Editors - Vol. 40, No. 1 2015

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Parallels In Public And Private Environmental Governance, Sarah E. Light, Eric W. Orts

Michigan Journal of Environmental & Administrative Law

Private actors, including business firms and non-governmental organizations, play an essential role in addressing today’s most serious environmental challenges. Yet scholars have not fully recognized the parallels between public environmental law and the standard-setting and enforcement functions of private environmental governance. “Instrument choice” in environmental law scholarship is generally understood to refer to government actors choosing among options from the public law “toolkit,” which includes prescriptive rules, the creation of property rights, the leveraging of markets, and informational regulation. Each of these major public law tools, however, has a parallel in private environmental governance. This Article first provides a descriptive …

Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley

Michigan Journal of Environmental & Administrative Law

By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming decades. …

The Private Causes Of Action Under Cercla: Navigating The Intersection Of Sections 107(A) And 113(F), Jeffrey M. Gaba

Michigan Journal of Environmental & Administrative Law

The Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) provides three distinct “private” causes of action that allow parties to recover all or part of their cleanup costs from “potentially responsible parties.” Section 107(a)(4)(B) provides a “direct” right of cost recovery. Sections 113(f)(1) and 113(f)(3)(B) provide a right of contribution following a CERCLA civil action or certain judicial or administrative settlements. The relationship among these causes of action has been the source of considerable confusion. Two Supreme Court cases, Cooper Industries, Inc. v. Aviall Services, Inc. and United States v. Atlantic Research Corp. have identified certain situations in which the …

The Sun Doesn't Always Shine In Ohio: Reevaluating Renewable Portfolio Standards In Light Of Changed Conditions, Jeffrey M. Smith

Michigan Journal of Environmental & Administrative Law

In 2014, with the signing of Senate Bill 310 (S.B. 310), Ohio became the first state to put a temporary “freeze” on its renewable portfolio standard (RPS) and energy efficiency mandates. The law has generated nationwide attention and been criticized as a step back in the state’s clean energy policy. This Note examines the central justifications for the passage of S.B. 310, challenging conventional wisdom that the law does not serve the interests of Ohio citizens. After the passage of Ohio’s RPS in 2008, the economic and energy landscape within the state changed dramatically, due in large part to technological …

Minimization Criteria For Off-Road Vehicle Use, Louisa S. Eberle

Michigan Journal of Environmental & Administrative Law

President Nixon recognized the controversy surrounding off-road vehicle (ORV) use on public lands when he signed Executive Order 11,644 in 1972. The Executive Order set out minimization criteria that bound federal land management agencies’ ORV area and trail designations. Forty years later, agencies are still struggling to implement the minimization criteria. Recent court opinions have struck down implementation attempts by the National Park Service, Bureau of Land Management, and Forest Service. This note argues that agencies require additional guidance for ORV management, particularly in light of case law that sets a floor for achieving minimization. After examining how the mandate …

Emergency Takings, Brian Lee

Faculty Scholarship

No abstract provided.

December 2015 Newsletter

Ergo

No abstract provided.

Special-Education Litigation: An Empirical Analysis Of North Carolina's First Tier, Lisa Lukasik

West Virginia Law Review

No abstract provided.

Disruptive Technology And Securities Regulation, Chris Brummer

Fordham Law Review

    Nowhere has disruptive technology had a more profound impact than in financial services—and yet nowhere do academics and policymakers lack a coherent theory of the phenomenon more, much less a coherent set of regulatory prescriptions. Part of the challenge lies in the varied channels through which innovation upends market practices. Problems also lurk in the popular assumption that securities regulation operates against the backdrop of stable market gatekeepers like exchanges, broker-dealers, and clearing systems—a fact scenario increasingly out of sync in twenty-first-century capital markets.

    This Article explains how technological innovation “disrupts” not only capital markets but also the exercise of …

After Obergefell V. Hodges: The Continuing Battle Over Equal Rights For Sexual Minorities In The United States, Simone Chriss, Danaya C. Wright

UF Law Faculty Publications

This article examines the pathbreaking U.S. Supreme Court decision in Obergefell v. Hodges that held same-sex marriage was a fundamental right that could not be denied by any state, despite the myriad same-sex marriage bans that had been passed in a majority of states. After explaining the constitutional jurisprudence of due process and equal protection, the article then examines the history of the same-sex marriage movement and the Obergefell decision. We conclude by discussing how the jurisprudential theory of the case, fundamental rights under the due process clause, narrows the scope of the case’s precedential value. Although gay rights activists …