Law Commons^™

Family Limited Partnerships And Section 2036: Not Such A Good Fit, Mitchell M. Gans, Jonathan G. Blattmachr

ACTEC Law Journal

The IRS has struggled to close down abusive family limited partnerships. At first unreceptive to IRS arguments, the courts eventually embraced section 2036 as an estate-tax tool for attacking such partnerships. Because the section was not designed to apply to partnerships, difficulties have arisen as the courts have struggled with the fit. In its most recent encounter, the Tax Court in Powell grappled with a fit-related issue that implicates the Supreme Court’s landmark decision in Byrum. The Powell court, it will be argued, misread Byrum, conflating the majority opinion with the dissent – and converting the rule-based approach …

Front Matter

ACTEC Law Journal

No abstract provided.

Working Sex Words, Anita Bernstein

Michigan Journal of Gender & Law

Imagine yourself tasked to speak for a few minutes about legal controls on sex-selling in the United States, or any other country you choose. You need not have thought about the particulars. As someone willing to read a law review article, you have enough to say because sex-selling overlaps with the subject knowledge you already have. Criminal law, contracts, employment law, immigration law, tort law, zoning, commercial law, and intellectual property, among other legal categories, all intersect with this topic. In your brief remarks on how law attempts to mediate the sale and purchase of sex, you have only one …

East Asian Court Reform On Trial: Introduction To The Symposium, Setsuo Miyazawa

Washington International Law Journal

No abstract provided.

Court Reform With Chinese Characteristics, Margaret Y.K. Woo

Washington International Law Journal

In Court Reform on Trial: Why Simple Solutions Fail, Malcolm Feeley identified a number of obstacles that undermine reforms of the United States court system. Feeley’s proposed solution was to adopt a problem-oriented “rights strategy”—letting the courts themselves solve their problems through litigation. This is because litigation is a forum in which courts are well placed to identify specific problems and devise pragmatic solutions. This Article takes a look at this proposition in the context of court reforms in China and concludes that courts (and law) are also a reflection of national goals and identity. Any reforms to a …

Victim Participation In Japan, Erik Herber

Washington International Law Journal

In 2008, a victim participation system was introduced in Japan, which enabled crime victims to participate in criminal proceedings. One of the goals of the system was to correct the wrong done to victims due to their lack of previous involvement, thus giving crime victims what they “naturally desire.” Employing Malcolm Feeley’s analytical framework to make sense of planned legal change, this Article shows that the new system emerged against the background of a combination of international trends: victim activism and public perceptions of crime getting out of hand. It finds that for reasons that are not well understood, only …

Assessing The Direct And Indirect Impact Of Citizen Participation In Serious Criminal Trials In Japan, Matthew J. Wilson

Washington International Law Journal

In Japan, the idea of citizen involvement in the judicial process has gained greater acceptance over the past decade. On May 21, 2009, Japan implemented its saiban’in seido or “lay judge system” as part of monumental legal reforms designed to encourage civic engagement, enhance transparency, and provide greater access to the justice system. About eight years before this historic day, a special governmental committee known as the Justice System Reform Council (“JSRC”) set forth wide-sweeping recommendations for revamping Japan’s judicial system. The underlying goals targeted three pillars of fundamental reform, namely: (i) a justice system that is “easier to use, …

The Financial Crisis As A Religious Crisis, Robert H. Nelson

Journal of International Business and Law

Among the important factors in the financial crisis of 2008 and 2009 was a large ethical breakdown in the financial sector that preceded it. The sources of good ethical behavior are multiple but religion ranks high among them. In thinking about the role of religion, most people think first of Judaism, Christianity and other traditional religions. The concept of religion should be extended, however, to include "secular religions" which were among the most powerful religious influences of the twentieth century. This paper argues that many people on Wall Street once believed in an American "civil religion" that was grounded in …

East Asian Court Reform On Trial: Comments On The Contributions, Malcolm M. Feeley

Washington International Law Journal

I am honored to have my book, Court Reform on Trial: Why Simple Solutions Fail, serve as the organizing framework for this symposium. The enterprise has proven valuable as it provided a reason to assemble a set of articles that focus on important changes in Asian courts in recent decades. Further, it appears that the reforms in three of the countries are loosely related to each other. While Japan had a head start on judicial reforms, both Korea and Taiwan embarked on the same path as soon as they had shed authoritarian rule. China has pursued a more ambitious …

Advance Toward "People's Court" In South Korea, Yong Chul Park

Washington International Law Journal

Since 2008, criminal jury trials have been implemented in South Korea with the Citizen Participation in Criminal Trials Act. Under the Act, defendants have the option to choose a jury trial over a bench trial, although jury verdicts, as well as sentencing opinions rendered by a jury, are not binding on the court pursuant to Article 46(2) of the Act. While Korea’s adoption of a criminal jury trial was an ambitious move toward judicial reform, it has faced serious obstacles and has had limited influence over the Korean judicial system. In this Article, I use the five stages of planned …

Introduction Of Videotaping Of Interrogations And The Lessons Of The Imaichi Case: A Case Of Conventional Criminal Justice Policy-Making In Japan, Setsuo Miyazawa, Mari Hirayama

Washington International Law Journal

Malcolm M. Feeley examined cases of criminal justice reform in the United States, where reforms can be conceived and initiated in a very open structure, but implementation of the introduced reforms can be handed over to highly fragmented implementers. The story of mandatory videotaping of interrogations and accompanying changes in Japan demonstrates the reform process at the other end of the scale, where the members of the criminal justice establishment can exert a strong influence even at the conception and initiation stages, and have even stronger control at the implementation and routinization stages. We believe that Feeley’s theoretical framework can …

Criminal Court Reform In Taiwan: A Case Of Fragmented Reform In A Not-Fragmented Court System, Kai-Ping Su

Washington International Law Journal

This Article examines the character of Taiwan’s criminal court system and proposed court reforms. Taiwan’s criminal court is a not-fragmented system, distinct from the fragmented American criminal court. In fact, with hierarchical control in prosecutorial rulings and central administration of judicial decision-making, Taiwan’s criminal court system can be deemed a relatively centralized and bureaucratic organization. Given this context, when Taiwan’s criminal justice system disappoints the people, judges take the blame for the failures of the system. To resolve the serious problem of public distrust in judges and the court system, Taiwan’s government and the judicial authority make “responding to expectations …

Jurisdiction Over Jihid: Islamic Law And The Duty To Fight, Adnan A. Zulfiqar

West Virginia Law Review

No abstract provided.

Utah V. Strieff: Lemonade Stands And Dragnet Policing, Guy Padula

West Virginia Law Review

No abstract provided.

Between Description And Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal

West Virginia Law Review

The occasions on which ajudge or legal scholar has peered into the depths of the Constitution and found, to her surprise, that the Constitutionrequiresthe opposite ofher ideologicalpreferences, are extremely rare. Yetjudges andscholarscontinuetopresenttheirconclusionsastheproduct ofideologicallyneutralreasoning,while often criticizingthe ideologicalbiasin thereasoningoftheiropponents.A Wittgensteinianperspectiveonthenatureof legaldiscoursecanshed lighton thispuzzlinglypersistentstateofaffairs. Legal discourse, includingconstitutionalargument, is partly defined by the blending ofdescriptive reasoningabout what the law is with prescriptivereasoningabout what the law ought to be. To reach a legal conclusion based on a blend of descriptiveandprescriptivereasoning,andtophrasethis conclusion aspurely descriptive, as legal actors habitually do, is not to violate the rules of legal discourse, but to abide by them. Taking this conception …

Getting Steamy With Property Law: Are Geothermal Resources A Mineral Right In West Virginia?, Joshua A. Lanham

West Virginia Law Review

No abstract provided.

Ebolamania And Equal Protection Of Health Care Workers Under Rational Basis With Bite Review, Jennifer Jolly-Ryan

West Virginia Law Review

No abstract provided.

Why Michigan V. Epa Requires That The Meaning Of The Cost/Rationality Nexus Be Clarified, Daniele Bertolini, Carolina Arlota

Fordham Environmental Law Review

This article examines the recent decision in Michigan v. EPA, in which the U.S. Supreme Court held that the EPA acted unreasonably in not considering costs at the listing phase of the regulation of power plants’ emissions under a specific provision of the Clear Air Act (CAA). In Michigan, the Court interpreted the applicable statutory provision based on the principles of rational administrative decision-making, thereby establishing a connection between cost consideration by administrative agencies and the principles of reasonable exercise of administrative discretion. We contend that Michigan failed to properly appreciate the logical and axiological connection between cost …

Blueprint For Survival: A New Paradigm For International Environmental Emergencies, Claire Wright

Fordham Environmental Law Review

No abstract provided.

The Antitrusting Of Patentability, Saurabh Vishnubhakat

Seton Hall Law Review

No abstract provided.

Technically Bankrupt, Brook E. Gotberg

Seton Hall Law Review

No abstract provided.

Cardozo Law News Brief: December 1, 2017, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2017

Featured Faculty:

• Peter L. Markowitz
• Kate Shaw
• Michel Rosenfeld
• Edward Zelinsky
• Aaron Wright

Clinic News:

• Bet Tzedek Clinic Gets Preliminary Relief for Young Girl with Disabilities

Video:

• Professor Shaw Analyzes Presidential Speech

Campus News:

• Cardozo's Business Law Program Receives "A" Grade in PreLaw Magazine Rankings
• Cardozo's Tax Law Program Ranked Top in Country
• Cardozo Alumnus David Samson '93 To Be Honored at Hanukkah Dinner

Events:

• Learning From the Masters: Eric T. Schneiderman, New York State Attorney General
• The Business of Luxury: Can Companies Like Authentic Brands Group, Marquee Brands or Global Brands Group Become the Next LVMH?

Book Review - The Digital Payment Revolution: Books On Mobile, Bitcoin, And Beyond, Benjamin Geva

Articles & Book Chapters

This review discusses three short books covering different aspects of the digital revolution in payments. The first is written by an anthropologist. It focuses on mobile payments, particularly in the developing world, in the broad context of money and social relationships. The second is a comparative collection of papers on legal aspects relating to Bitcoin. The third addresses the potential of digital currencies and their underlying technology, well beyond Bitcoin, to forever revolutionize the world of money and payments.

What A Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability And Codifying The Scope Of The Provisions Of Arbitration Agreements, Taylor Payne, Richard Bales

West Virginia Law Review

No abstract provided.

Abandoning The Stoppage Of Work Inquiry: Why Other States Should Follow West Virginia's Lead On Labor Dispute Disqualification, Will Lorensen

West Virginia Law Review

No abstract provided.

Table Of Contents - Vol. 48, No. 1 2017

Seton Hall Law Review

No abstract provided.

London Law Celebrating 50 Years, Notre Dame Law School

Notre Dame Lawyers Connect

Save the Date

• Join Us in London, October 20-23, 2018 to Celebrate 50 Years of the London Law Program

Feature

• Alumni Michael Hagerty, '13 J.D., is fighting for unaccompanied immigrant children
• Teaching ‘awoke a passion’ in John Schoenig, '98, '00 M.Ed., '10 J.D.

Networking Events

• ND Lawyers are invited to join Students in Networking Events over Winter break

Faculty News

• Supreme Court Justice Samuel Alito and legal scholars discuss Professor A.J. Bellia’s book
• Professor Samuel Bray speaks to House Judiciary members about nationwide injunctions

Alumni Notes

• Jeffrey D. Linton, '88 J.D., appointed Executive Vice President, General Counsel and Secretary of …

Presidential Executive Orders Duel Over Floodplain Definition As S.E. Florida Prepares For Sea Level Rise, Brion Blackwelder

Fordham Environmental Law Review

No abstract provided.

A Just Transition: Why Transitioning Workers Into A New Clean Energy Economy Should Be At The Center Of Climate Change Policies, J. Mijin Cha

Fordham Environmental Law Review

With a hostile federal administration, states must take up the fight against climate change. Shortly after the United States withdrew from the Paris Climate Accord, governors from several states announced efforts to meet the targets. This article argues that state level climate actions must consider the economic consequences of climate policy. A shift away from fossil fuels is a fundamentally necessary step in the fight against climate change. However, the economic impact of this shift will be felt most acutely by fossil fuel workers and communities, many of which are already facing economic hardships. Attention and resources must be focused …

Watershed Based Policy Tools For Reducing Nutrient Flows To Surface Waters: Addressing Nutrient Enrichment And Harmful Algal Blooms In The United States, John A. Hoornbeek, Joshua Filla, Soumya Yalamanchili

Fordham Environmental Law Review

No abstract provided.