Law Commons^™

2017 Gala Program, New York Law School

Gala Programs

Honoring

General Electric Company

Susan Hinkson ’98, LL.M. ’12

Sybil Shainwald ’76

Hon. Judith Sheindlin ’65

Professor Nadine Strossen

Symposium Keynote: The Dtsa And The New Secrecy Ecology, Orly Lobel

The Business, Entrepreneurship & Tax Law Review

The Defend Trade Secrets Act (“DTSA”), which passed in May 2016, amends the Economic Espionage Act (“EEA”), a 1996 federal statute that criminalizes trade secret misappropriation. The EEA has been amended several times in the past five years to increase penalties for violations and expand the available causes of action, the definition of a trade secret, and the types behaviors that are deemed illegal. The creation of a federal civil cause of action is a further expansion of the secrecy ecology, and the DTSA includes several provisions that broaden the reach of trade secrets and their protection. This article raises …

Crimmigration-Counterterrorism, Margaret Hu

Faculty Publications

The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically-driven screening technologies can be better understood through the analytical prism of “crimmigrationcounterterrorism”: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced back to multiple migration law developments, including the Chinese Exclusion Act of 1882. To implement stricter immigration controls at the border and interior, both the federal and state governments developed immigration enforcement schemes that depended upon both biometric identification documents and immigration screening protocols. This Article uses contemporary attempts to implement an expanded regime of “extreme vetting” to …

Taxing Systemic Risk, Eric D. Chason

Faculty Publications

A tax on the harmful elements of finance—a tax on systemic risk—would raise revenue and also lower the likelihood of future crisis. Financial institutions, which pay the tax, would try to minimize its cost by lowering their systemic risk. In theory, a tax on systemic risk is perfect policy. In practice, however, this perfect policy is unattainable. Tax laws need clear definitions to be administrable. Our current understanding of systemic risk is too abstract and too metaphorical to serve as a target for taxation.

Despite the absence of a clear definition of systemic risk, academics and policy makers continue to …

Language Changes, But Should Legal Writing Change With It?, Diane B. Kraft

Law Faculty Popular Media

No abstract provided.

Making Peace: Next Steps In Colombia, Seth Cantey, Ricardo Correa

The US Army War College Quarterly: Parameters

After a brief history of the longest-running insurgency in the Western Hemisphere, this article contextualizes recent developments in the transition of the Revolutionary Armed Forces of Colombia (FARC) to legal politics in Colombia. The authors also provide policy recommendations for the US Department of Defense.

Allstar Benchmarking: How Collaborating On Collecting And Sharing Data Is A Win-Win, Christine I. Dulac

Faculty Publications

We all know it’s hard to tell a library’s story to its stakeholders. Academic law libraries are expensive enterprises, and it’s challenging to capture the complete picture of the value that their resources, activities, and services provide. Consider as well the ever-increasing demands to augment services, while at the same time having to justify the need for new services and prove their cost-effectiveness In this environment, decision-makers need a clear understanding of what the library wants to accomplish, how it intends to meet its goals, and how it will measure success. What are the most important operations and services? Why …

Clausewitz's Theory Of War And Victory In Contemporary Conflict, Emile Simpson

The US Army War College Quarterly: Parameters

This article considers whether Clausewitz’s account of the nature of war is universal to all wars, in order then to assess how far his concept of victory is universal. While aspects of Clausewitz’s concept of war are still universal, others are not. Accordingly, his theory of victory is not universal to all wars, and especially not to wars fought against transnational terrorist networks.

Sanctions For Evading Maximum Page Limits On Court Filings, Douglas E. Abrams

Faculty Publications

Judge Marrero joins a growing lineup of judges who have imposed or threatened sanctions on counsel for attempting to evade court rules that set maximum page limits on briefs, memoranda, and other filings. Orders and reported opinions catalogue various strategies, including these: presenting the main text in a font smaller than the court's required font; presenting the main text with spacing less than required double spacing; using excessive footnotes, often single-spaced or in small fonts; or narrowing required margins on the sides, the top, or the bottom of pages.

The Definition Of Slave Labor For Criminal Enforcement And The Experience Of Adjudication: The Case Of Brazil, Carlos H. B. Haddad

Michigan Journal of International Law

The paper examines the intersections and differences between “slave labor” as used in the Brazilian domestic sphere and “slave labor” as applied to international law. The former shows an approach centered on criminal law, as opposed to human rights law. This paper explains why degrading working conditions and debilitating workdays should continue to be prohibited and punished. It also compares the sanctions of the Brazilian Criminal Code with those of similar crimes in other jurisdictions. It concludes with a discussion of the current bill proposed by Senator José Sarney, which would replace the current definition with one that more closely …

United Nations Against Slavery: Unravelling Concepts, Institutions And Obligations, Vladislava Stoyanova

Michigan Journal of International Law

The article starts with a section containing a historical description (Part I). The turn to broader historical accounts is apposite since the engagement of international law with slavery, servitude, and forced labor predates the emergence of international human rights law. It is also important to clarify whether there is any continuity between these earlier engagements of international law and Article 8 of the ICCPR. When it comes to slavery, it is important to consider the practices to which this label was attached and how this still influences the contemporary understanding of the term. Notably, the terminological fragmentation between slavery and …

الخطأ الطبي: دراسة في قانون المسؤولية الطبية الإماراتي لسنة 2016, خلود هشام خليل عبد الغني

Private Law Theses

The purpose of this study is to identify the medical error in the light of the provisions of the civil laws and the basic principles established by the jurisprudence and the law in order to assess the medical error and the extent of entitlement to compensation and the amount of this compensation in the light of the discretionary power of the judge.

The most important conclusion of the study is that medical responsibility in UAE legislation is often a tort liability, although there is a contractual relationship between the patient and the health establishment. And that in some cases the …

Assessing The Climate Impacts Of U.S. Trade Agreements, Matthew C. Porterfield, Kevin P. Gallagher, Judith Claire Schachter

Michigan Journal of Environmental & Administrative Law

Meeting the ambitious goals of the Paris Agreement will require the United States and other major greenhouse gas (GHG) emitters to integrate climate change considerations into all relevant areas of economic policy. The United States, however, has conspicuously failed to do so with regard to international trade negotiations. International trade agreements tend to increase GHG emissions due to the economic effects of trade liberalization, including increases in the scale of economic activity and changes in the composition of the affected economies. Trade agreements can also affect climate change in less quantifiable but potentially more significant ways by restricting the ability …

Technology-Based? Cost Factoring In U.S. Environmental Standards, Jamison E. Colburn

Michigan Journal of Environmental & Administrative Law

Environmental controls in the United States are often said to be “technology-based” because the polluter’s duties are determined by the available technology for controlling that pollution rather than by the social costs and benefits of doing so. Indeed, this is much of what distinguishes U.S. environmental law post-1970 from that which preceded it. But technology-based standards have in fact weighed the costs of controlling pollution in unique, often obscure ways, yielding an analysis that defies standardization and basic notions of transparency. Often lumped under an umbrella heading called “feasibility” analysis and justified on the grounds that it avoids many of …

Lamarck Revisited: The Implications Of Epigenetics For Environmental Law, Michael P. Vandenbergh, David J. Vandenbergh, John G. Vandenbergh

Michigan Journal of Environmental & Administrative Law

For generations, a bedrock concept of biology was that genetic mutations are necessary to pass traits from one generation to the next, but new developments in genetics are challenging this fundamental assumption. A growing body of scientific evidence demonstrates that chemical alteration of the way a gene functions, whether through exposure to chemicals, foods or even traumatic experiences, may not only affect the exposed individual, but also the individual’s offspring for two generations or more. This interaction between genes and the environment, known as epigenetics, has revolutionized the understanding of how genes are expressed within an individual and how they …

Brexit And The Wto: What Happens Next, Andrea Xu

Michigan Journal of Environmental & Administrative Law

In the summer of 2016, the United Kingdom (the “UK”) announced its decision to leave the European Union (the “EU”). This decision, more commonly known as “Brexit,” subsequently stirred British politics, which included Theresa May replacing David Cameron as Prime Minister. Brexit created a unique situation in European and global politics, and instigated a discussion among politicians, academics, economists, and the likes about how the UK will leave the EU and Brexit’s implications in the UK, Europe, and the world as a whole.

This Note analyzes one specific aspect of Brexit: the administrative procedures the UK must undergo to establish …

Masthead

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

التحكيم كوسيلة لفض المنازعات الناشئة عن العقود الإدارية, عادل جمال المرزوقي

Accounting Dissertations

تناولت في هذا البحث عن موضوع التحكيم في العقود الإدارية لأهميته وما يرتبه من آثار على الإدارة والتزاماتها، وما يستتبع ذلك بطبية

الحال من آثار على الاقتصاد الوطني، ولبيان المقصود بمفهوم التحكيم في العقود الإدارية فقد تناول البحث بيان مفهوم التحكيم، ومن ثم مفهوم العقود الإداري من الناحية القانونية، ومن ثم تناولت موضوع البحث الخاص بالتحكيم في العقود الإدارية من مشروعيته مع التشريعات ووضع الدولة.

حيث إن قيام الإدارة بتضمين عقودها شرطاً باللجوء إلى التحكيم حال نشوء أية نزاعا تتعلق بالحقوق والا لتزامات الواردة التي تبرمها الإدارة مع الأطراف المتعاقدة معها ليكون التحكيم وسيلة لفض تلك المنازعات، وتنازل الدولة عن …

Faculty List

Missouri Law Review

Table of Contents - Issue 3

Masthead

Missouri Law Review

No abstract provided.

Copyright

Missouri Law Review

No abstract provided.

"Make Him An Offer He Can't Refuse" - Mezzanatto Waivers As Lynchpin Of Prosecutorial Overreach, Christopher B. Mueller

Missouri Law Review

No abstract provided.

Schoolyard Felons: Missouri's New Criminal Code And Its Impact On Schools, Michele L. Moyer

Missouri Law Review

No abstract provided.

It's Dispositive: Considering Constitutional Review For First Amendment Retaliation Claims, Abigail E. Williams

Missouri Law Review

No abstract provided.

Beware The "Terror Gap": Closing The Loophole Between The U.S. Terrorist Watchlist System And The Right To Bear Arms, Elizabeth M. Sullivan

Cornell Law Review

No abstract provided.

Panel Assignment In The Federal Courts Of Appeals, Marin K. Levy

Cornell Law Review

It is common knowledge that the federal courts of appeals typically hear cases in panels of three judges and that the composition of the panel can have significant consequences for case outcomes and for legal doctrine more generally. Yet neither legal scholars nor social scientists have focused on the question of how judges are selected for their panels. Instead, a substantial body of scholarship simply assumes that panel assignment is random. This Article provides what, up until this point, has been a missing account of panel assignment. Drawing on a multiyear qualitative study of five circuit courts, including in-depth interviews …

Sharing, Samples, And Generics: An Antitrust Framework, Michael A. Carrier

Cornell Law Review

Rising drug prices are in the news. By increasing price, drug companies have placed vital, even life-saving, medicines out of the reach of consumers. In a recent development, brand firms have prevented generics even from entering the market. The ruse for this strategy involves risk-management programs known as Risk Evaluation and Mitigation Strategies (“REMS”). Pursuant to legislation enacted in 2007, the FDA requires REMS when a drug’s risks (such as death or injury) outweigh its rewards. Brands have used this regime, intended to bring drugs to the market, to block generic competition. Regulations such as the federal Hatch-Waxman Act and …

Columbia University And Incarcerated Worker Labor Unions Under The National Labor Relations Act, Kara Goad

Cornell Law Review

No abstract provided.

The Role Of Internet Intermediaries In Tackling Terrorism Online, Raphael Cohen-Almagor

Fordham Law Review

Gatekeeping is defined as the work of third parties “who are able to disrupt misconduct by withholding their cooperation from wrongdoers.”1 Internet intermediaries need to be far more proactive as gatekeepers than they are now. Socially responsible measures can prevent the translation of violent thoughts into violent actions. Designated monitoring mechanisms can potentially prevent such unfortunate events. This Article suggests an approach that harnesses the strengths and capabilities of the public and private sectors in offering practical solutions to pressing problems. It proposes that internet intermediaries should fight stringently against terror and further argues that a responsible gatekeeping approach is …

Social Media Accountability For Terrorist Propaganda, Alexander Tsesis

Fordham Law Review

Terrorist organizations have found social media websites to be invaluable for disseminating ideology, recruiting terrorists, and planning operations. National and international leaders have repeatedly pointed out the dangers terrorists pose to ordinary people and state institutions. In the United States, the federal Communications Decency Act’s § 230 provides social networking websites with immunity against civil law suits. Litigants have therefore been unsuccessful in obtaining redress against internet companies who host or disseminate third-party terrorist content. This Article demonstrates that § 230 does not bar private parties from recovery if they can prove that a social media company had received complaints …