Law Commons^™

Missouri Campaign Reporting Requirements In The Shade Of Citizens United, Benjamin N. Levin

Missouri Law Review

In Geier v. Missouri Ethics Commission, the appellant, Gerald Geier, asked the Supreme Court of Missouri to consider the constitutionality of Missouri’s reporting requirement statutes as applied to Stop Now!, an inactive political action committee (“PAC”). Geier argued that the reporting requirement failed to meet the exacting scrutiny standard because the State’s interest in receiving reports of inactivity did not outweigh the burden placed on Geier by the requirement. This Note analyzes the court’s application of exacting scrutiny in the instant decision. It also notes the limits of PAC disclosure requirements as a public policy tool in the absence of …

Do The Second Circuit’S Legal Standards On Class Certification Incentivize Forum Shopping?: A Comparative Analysis Of The Second Circuit’S Class Certification Jurisprudence, Shrey Sharma

Fordham Law Review

The Class Action Fairness Act altered the jurisdictional landscape of class actions by relaxing the barriers to satisfying diversity jurisdiction in federal court. As a result, plaintiffs’ attorneys frequently find themselves filing class actions in federal court, and face the critical question of where to initiate their lawsuit. Many plaintiffs’ attorneys consider the favorability of legal standards when determining the forum in which to file their class action. Among other substantive and procedural considerations, the applicable class certification standards of the forum are an important forum selection factor. The Second Circuit, in particular, is a forum that plaintiffs’ attorneys might …

Collective Coercion, Benjamin Means, Susan S. Kuo

Faculty Publications

When a collective-choice situation places coercive pressure on individual participants, the law’s traditional protection of individual autonomy against coercion must be reconciled with its necessary role in resolving problems of collective action. On the one hand, the law might seek to remove coercion from the equation so that individuals are free to make their own decisions. On the other hand, the law might empower a central authority to decide, thereby solving a problem of collective action in order to maximize the group’s shared interests.

The tension between these two approaches creates deep uncertainty for the regulation of collective-choice situations. It …

The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec

Maryland Law Review

Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization “(WTO”) contemplates that violations of one of its covered agreements may be remedied through “cross-retaliation,” or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations.

Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent in traditional …

Fighting To Protect, Notre Dame Law School

Notre Dame Lawyers Connect

Alumni Features: What Would You Fight For? Fighting to Protect the Innocent

Alumni Events: Justice Alan Page Encourages Students to Help Others

Faculty in the News

• Columbia Gives Professor Douglass Cassel Highest Honor for Foreign Citizens
• Professor Amy Coney Barrett Recognized at Notre Dame Football Game

Students: Public Interest Month at NDLS: Fellows Talk to Students about their Public Interest Paths

Gerrymandering Revisited—Searching For A Standard, Theodore R. Boehm

Indiana Journal of Law and Social Equality

No abstract provided.

Amnesty International's Empty Promises: Decriminalization, Prostituted Women, And Sex Trafficking, Darren Geist

Dignity: A Journal of Analysis of Exploitation and Violence

Through a close examination of Amnesty International’s (Amnesty) own arguments and sources, this paper demonstrates that Amnesty’s proposal to decriminalize prostitution or “sex work” will harm those it claims to help. It concludes that the best available evidence indicates that decriminalization of prostitution would: increase sex trafficking, leave prostituted women or “sex workers” more vulnerable to violence, and reduce access to healthcare, protection, and services. Prostituted women primarily enter the industry at a young age, often suffering from a history of sexual and physical abuse, coming from marginalized and vulnerable communities, and driven by emotional and economic desperation. It is …

A Review (Reviewing Stephen Breyer, The Court And The World: American Law And The New Global Realities), Eric A. Posner

Articles

No abstract provided.

Magna Carta And The Law Of Nature, Richard H. Helmholz

Articles

No abstract provided.

The Cycles Of Separation-Of-Powers Jurisprudence, Aziz Huq, Jon D. Michaels

Articles

No abstract provided.

The Unfinished Business Of Horne V. Department Of Agriculture, Richard A. Epstein

Articles

No abstract provided.

Paraqitja Dhe Zhvillimi I Sistemit Parlamentar Në Kosovë, Hana Govori

Theses and Dissertations

Kjo temë diplome shtjellon historikun e gjendjes politike dhe juridike në Kosovë nga viti 1913-2016 dhe elaboron ndryshimet juridike që kanë rrjedhur nga situatat specifike politike, duke përfshirë, akte ligjore të mëparshme të aplikuara në territorin e Kosovës, akte ligjore që janë në fuqi e me theks të veçantë në organizimin institucional, kompetencat e organeve shtetërore dhe qeverisjen parlamentare në Kosovë.

Table Of Contents

Maryland Law Review

No abstract provided.

The Influence Of Exile, Sara K. Rankin

Maryland Law Review

Belonging is a fundamental human need, but human instincts are Janus-faced and equally strong is the drive to exclude. This exclusive impulse, which this Article calls “the influence of exile,” reaches beyond interpersonal dynamics when empowered groups use laws and policies to restrict marginalized groups’ access to public space. Jim Crow, Anti-Okie, and Sundown Town laws are among many notorious examples. But the influence of exile perseveres today: it has found a new incarnation in the stigmatization and spatial regulation of visible poverty, as laws that criminalize and eject visibly poor people from public space proliferate across the nation. These …

Nonmarriage, June Carbone, Naomi Cahn

Maryland Law Review

Now that the Supreme Court has reshaped the laws of marriage, attention is shifting to nonmarriage. The law no longer treats intimate couples who do not marry as either deviant or deprived. Yet, rather than regulate nonmarriage in a systematic way, the law applies two inconsistent doctrines to govern these relationships. This Article is the first to explore the fundamental contradiction in the legal approach to unmarried partners. While the laws governing financial obligations between unmarried couples are moving toward a deregulatory model that radically differs from the status-based regulation of marriage, the laws of custody and support insist on …

A Tribute To The Honorable Lynn A. Battaglia, Mary Ellen Barbera, Andrea Leahy, Thomas E. Lynch Iii, William L. Reynolds

Maryland Law Review

No abstract provided.

A Tribute To The Honorable Glenn T. Harrell, Jr., Mary Ellen Barbera, James A. Kenney Iii, Steven I. Platt, Robert A. Zarnoch

Maryland Law Review

No abstract provided.

Should We Presume State Protection?, James C. Hathaway, Audrey Macklin

Articles

Professors Hathaway and Macklin debate the legality of the “presumption of state protection” that the Supreme Court of Canada established as a matter of Canadian refugee law in the Ward decision. Professor Hathaway argues that this presumption should be rejected because it lacks a sound empirical basis and because it conflicts with the relatively low evidentiary threshold set by the Refugee Convention’s “well-founded fear” standard. Professor Macklin contends that the Ward presumption does not in and of itself impose an unduly onerous burden on claimants, and that much of the damage wrought by the presumption comes instead from misinterpretation and …

1978 - January – Drought 77 Dry Year Program Report

Miscellaneous Documents and Reports

The objectives of the Drought 77 Dry Year Program were to identify critical drought impacted areas in Northern and Central California, to provide information to water users in these areas in regard to water conservation, to assure that the limited supply available was used in accordance with lawful rights, and to take enforcement action against violations of permit and license conditions, illegal diversions and waste or unreasonable use of water.

1919 And 1920, State Board Of Equalization Report

California Board of Equalization Reports

Written report concerning activities of Board of Equalization and statistical tables specific to California agricultural, livestock and viticulture for each county. (To view complete report containing all statistical tables, see URL: https://catalog.hathitrust.org/Record/100187327 or https://catalog.hathitrust.org/Record/007150404.)

2016 Gala Program, New York Law School

Gala Programs

Honoring

Christa H. ’79 and John J. Reddy Jr. ’79

What To Do Today With The New Partnership (And Llc) Audit Rules, Craig D. Bell, Steven R. Schneider

William & Mary Annual Tax Conference

No abstract provided.

Aligning The Stars- Estate Planning For Entrepreneurs In Interesting Times, Stefan F. Tucker, Tammara Langlieb

William & Mary Annual Tax Conference

No abstract provided.

Understanding Targeted Allocations (Powerpoint), Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.

Table Of Contents, Volume 15, Number 1, 2016, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume 15, Issue Number One.

Listening To The Laws: Finding The Legislative History Of Recent Kentucky Statutes Online, Kurt Metzmeier

Faculty and Staff Scholarship

While it is not possible sort of legislative history of a Kentucky statute that one traditionally does for a federal law because the Kentucky legislature does not publish full transcripts of legislative debates or the reports of committee hearings (the basic materials of a federal legislative history), this article shows how to use the state legislative website and videos taken and retained by the KET (the state public education channel) to do as well a job.

Adulthood In Law And Culture, Vivian E. Hamilton

Faculty Publications

Young people today come of age in a cultural and economic milieu that prolongs their attainment of the traditional markers of adulthood. Their subjective conceptions of the transition to adulthood also depart radically from the traditional conception, with its emphasis on discrete transition events (including marriage and entry into the workforce). Instead, the modern transition to adulthood is a gradual process comprising the acquisition of general capabilities, rather than the achievement of externally constructed events. The state-established age of legal majority stands in marked contrast to this gradual and prolonged process. Not only does it categorically establish the inception of …

Polishing Makes Perfect . . . Or Maybe Not, Melissa N. Henke

Law Faculty Popular Media

This column offers some tips and strategies that can improve the proofreading process you use. To be clear, I use the term proofreading to refer to the final stage of editing. Of course proofreading can never take the place of earlier stages of rewriting or revising for organization, content, clarity, or conciseness. But this final stage of editing is crucial, because it is where you identify and fix any problems with spelling, grammar, and punctuation that leave your document looking less than polished.

No.37 - November 2016, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Motions 2016 Volume 53 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.