Law Commons^™

Foreword: Legal Malpractice Is No Longer The Profession's Dirty Little Secret, Susan Saab Fortney

Faculty Scholarship

In 1994, Professor Manuel R. Ramos published a law review article called, Legal Malpractice: The Profession's Dirty Little Secret. As suggested by the title, Professor Ramos argued that legal malpractice was a "taboo subject" that has been "ignored by the legal profession, law schools, mandatory continuing legal education ("CLE") programs, and even by scholarly and lay publications." Thirty years later, legal malpractice is an ever-present threat that lawyers cannot afford to ignore.

"Just Another Little Black Boy From The South Side Of Chicago": Overcoming Obstacles And Breaking Down Barriers To Improve Diversity In The Law Professoriate, Michael Z. Green

Faculty Scholarship

As I reflected on my personal experience to help address the persistence of discrimination in legal academia, I chose to focus on five areas of discussion for the open mic portion of the program held at the Association of American Law Schools Cross-Cutting Program, “The More Things Change ...: Exploring Solutions to Persistent Discrimination in Legal Academia,” held on January 4, 2015, in Washington, D.C. First, I decided to address my personal development as an only child and male in a family of mostly black women struggling through the socioeconomic challenges of being poor and black. To add to that …

Institutional Triage: Reflections On Being Acquired, Aric K. Short

Faculty Scholarship

On June 25, 2012, I walked into the dean's office at Texas Wesleyan University School of Law. He and I had been summoned by our university president to a hastily called meeting to discuss the law school's "academic program." Since I helped oversee our academic program as Associate Dean for Academic Affairs at the time, I was not particularly looking forward to the meeting. I assumed there would be bad news of some sort.

Instead, we were told that Texas Wesleyan University ("TWU") and Texas A&M University ("TAMU") were in negotiations that, it was expected, would result in a "strategic …

State-Created Immigration Climates And Domestic Migration, Huyen Pham, Pham Hoang Van

Faculty Scholarship

With comprehensive immigration reform dead for the foreseeable future, immigration laws enacted at the subfederal level -- cities, counties, and states -- have become even more important. Arizona has dominated media coverage and become the popular representation of the states' response to immigration by enacting SB 1070 and other notoriously anti-immigrant laws. Illinois, by contrast, has received relatively little media coverage for enacting laws that benefit the immigrants within its jurisdiction. The reality on the ground is that subfederal jurisdictions in the United States have taken very divergent paths on the issue of immigration regulation.

Compiling city, county, and state …

Time To Say Local Cheese And Smile At Geographical Indications Of Origin? International Trade And Local Development In The United States, Irene Calboli

Faculty Scholarship

In this Article, I offer some considerations on a possible compromising solution for the controversy between the European Union (EU) and the United States (U.S.) on the regulation of geographical indications of origin (GIs) as part of the negotiations in the Transatlantic Trade and Investment Partnership (TTIP). Notably, I advocate that the EU and the U.S. consider adopting a solution similar to that adopted in the Canada and European Union Comprehensive Economic and Trade Agreement (CETA). In particular, I note that, even though CETA accepted several of the EU's requests to claw-back names that were not previously protected in Canada, …

Juveniles In The Adult Criminal Justice System: A Critical Look At Trying Juvenile Adults, Lauren Weisner

Honors Projects

No abstract provided.

Exploring The Criticisms Of Grand Juries In The United States, Heather Geurink

Honors Projects

No abstract provided.

Uncloaking The Secrecy Behind Large-Scale Land Deals, Jesse Coleman

Columbia Center on Sustainable Investment Staff Publications

Large-scale investments in agriculture and forestry have far-reaching implications for the lives of affected individuals and communities. They are also an integral part of efforts by national governments to implement the Sustainable Development Goals (SDGs) and improve the governance of land resources. Despite their significance, these “land deals” and the contracts that govern them are often cloaked in secrecy, removed from relevant spheres of public scrutiny and debate.

Essays In Response To Michael Waldman's The Second Amendment: A Biography: Introduction, Adam Riff

Cardozo Law Review

No abstract provided.

Rethinking Chutes: Incentives, Investment, And Innovation, Simone M. Sepe, Charles K. Whitehead

Cornell Law Faculty Publications

Eighty-two percent of public firms have golden parachutes (or “chutes”) under which CEOs and senior officers may be paid tens of millions of dollars upon their employer’s change in control. What justifies such extraordinary payouts?

Much of the conventional analysis views chutes as excessive compensation granted by captured boards, focusing on the payouts that occur following a takeover. Those explanations, if they ever were complete, miss the mark today. This Article demonstrates, theoretically and empirically, that chutes are less relevant to a firm during a takeover than they are before a takeover, particularly in relation to firms that invest in …

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt, Katherine S. Cornwell

Mercer Law Review

This Article addresses significant case law that arose during the survey period,' minor statutory changes specific to child support, and changes to the Uniform Superior Court Rules.

Victim Compensation Funds And Tort Litigation Following Incidents Of Mass Violence, Paul Heaton, Ivan Waggoner, Jamie Morikawa

Buffalo Law Review

No abstract provided.

Arrested Development In Search Law: A Look At Disputed Consent Through The Lens Of Trespass Law In A Post-Jones Fourth Amendment - Have We Arrived At Disputed Analysis?, J. Bryan Boyd

Seton Hall Law Review

No abstract provided.

Major Theft In The Major Leagues: Application Of The Flsa Seasonal Employer Exemption To Professional Sports, Kristin Spallanzani

Seton Hall Law Review

No abstract provided.

Table Of Contents - Vol. 46, No. 1 2015

Seton Hall Law Review

No abstract provided.

The Comprehensive Capital Analysis And Review And The New Contingency Of Bank Dividends, Robert F. Weber

Seton Hall Law Review

No abstract provided.

Civil Liability For Injuries Caused By Dogs After Tracey V. Solesky: New Path To The Future Or Back To The Past?, Alberto Bernabe

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Breaking The Ice: Reforming State And Local Government Compliance With Ice Detainer Requests, Shareef Omar

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Children In Need Of Services: Toward A More Coherent Approach To Protecting New Jersey's Children And Families, John M. Cannel, Esq., Laura C. Tharney, Esq.

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Unpeeling The Growing Split Under The Alien Tort Statute: Cardona V. Chiquita Brands International, Inc., Anastasia Stylianou

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Tone Deaf To The Past: More Qualms About Public Meaning Originalism, Jack Rakove

Fordham Law Review

    With some apologies for a vast degree of oversimplification, let us stipulate that there are two main forms of originalism. One is known as “semantic” or “public meaning” originalism. Its leading advocates include Lawrence Solum, Keith Whittington, and Randy Barnett (professional friends, all). The leading premise of semantic originalism is that the meaning of the constitutional text—or, more specifically, of its individual clauses—was fixed at the moment of its adoption. Under this view, the goal of constitutional interpretation is to recover that original meaning, and the best way to do that pivots on reconstructing how an informed reader, whether a …

(Don't) Take Another Little Piece Of My Immunity, Baby: The Application Of Agency Principles To Claims Of Foreign Sovereign Immunity, Daniel P. Roy Iii

Fordham Law Review

    This Note examines the split among the federal circuit courts regarding the application of agency principles to claims of foreign sovereign immunity. Specifically, a minority of courts have applied the doctrine of apparent authority in determining whether a sovereign is bound by the acts of its agents. The majority of courts have, however, declined to apply the doctrine, holding that only actual authority is sufficient to bind sovereigns to their agents’ acts. This Note examines the policy ramifications of the minority view through the lens of sovereign debt litigation, especially those conducted by so-called vulture funds, and ultimately concludes that …

The Costs Of Regulatory Redundancy: Consumer Protection Oversight Of Online Travel Agents And The Advantages Of Sole Ftc Jurisdiction, James C. Cooper

North Carolina Journal of Law & Technology

No abstract provided.

Virtual Schools, Student Rights, And The First Amendment: Adjusting The Schoolhouse Gate To The 21st Century, Joseph O. Oluwole, Preston C. Green Iii

North Carolina Journal of Law & Technology

No abstract provided.

One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start?, Henry H. Perritt, Albert J. Plawinski

North Carolina Journal of Law & Technology

No abstract provided.

Federalism As Docket Control, Jason Mazzone, Carl Emery Woock

North Carolina Law Review

No abstract provided.

My Coworker, My Enemy: Solidarity, Workplace Control, And The Class Politics Of Title Vii, Ahmed A. White

Buffalo Law Review

No abstract provided.

Gender Diversity And Disparity In The Legal Profession: An Empirical Analysis Of The Gender Profile In National Law Firms And Law Schools, Edward S. Adams, Samuel P. Engel

Buffalo Law Review

No abstract provided.

Common Law Fundamentals Of The Right To Abortion, Anita Bernstein

Buffalo Law Review

No abstract provided.

Leave No Soldier Behind? The Legality Of The Bowe Bergdahl Prisoner Swap, Steven M. Maffucci

Buffalo Law Review

No abstract provided.