Law Commons^™

Promoting Executive Accountability Through Qui Tam Legislation, Randy Beck

Scholarly Works

For hundreds of years prior to ratification of the U.S. Constitution, Anglo-American legislatures used qui tam legislation to enforce legal constraints on government officials. A qui tam statute allows a private informer to collect a statutory fine for illegal conduct, even if the informer lacks the particularized injury normally required for Article III standing. This essay explores whether qui tam regulation should be revived as a means of ensuring executive branch legal accountability."

The Long And The Short: Portfolio Turnover Ratios & Mutual Fund Investment Time Horizons, Anne M. Tucker

Scholarly Works

Mutual fund portfolio turnover ratios (PTR) are at the center of the short-termism debate, which criticizes corporate maneuvers taken to prop up near-term earnings at the expense of long-term, value focused investments and policies. Scholars and policymakers often rely on portfolio turnover ratios to argue that mutual fund short-termism, as measured by the PTR, is increasing and infecting operating company time horizons. This article answers two main questions central to discerning mutual funds' role in the short-termism debate. The first is, how long, on average do U.S. registered mutual funds hold onto their assets? The second is, how good of …

Collaborative Strategies For Sea Level Rise Adaptation In Hampton Roads, Virginia, Carol Considine, Emily Steinhilber

Engineering Technology Faculty Publications

[Introduction] The Hampton Roads region is located in southeastern Virginia where the Chesapeake Bay meets the Atlantic Ocean. The region includes seventeen municipal governments and has a large federal government presence with 26 federal agencies represented (See Figure 1). The region has a population that exceeds 1.7 million and is home to the deepest water harbor on the U.S. East Coast. Hampton Roads' economy is dependent on the local waterways and houses the world's largest naval facility, the sixth largest containerized cargo complex and supports a thriving shipbuilding and repair industry as well as a tourism industry. However, the region's …

Promoting Executive Accountability Through Qui Tam Legislation, Randy Beck

Chapman Law Review

No abstract provided.

Congress, The Courts, And Party Polarization: Why Congress Rarely Checks The President And Why The Courts Should Not Take Congress’S Place, Neal Devins

Chapman Law Review

No abstract provided.

Special International Zones In Practice And Theory, Tom W. Bell

Chapman Law Review

No abstract provided.

The Law And Policy Of Refugee Cities: Special Economic Zones For Migrants, Michael Castle-Miller

Chapman Law Review

No abstract provided.

Number 2: Special Jurisdictions Within And Outside Of The United States

Chapman Law Review

No abstract provided.

Emergence Of A New Hanseatic League: How Special Economic Zones Will Reshape Global Governance, Mark Frazier

Chapman Law Review

No abstract provided.

The End Of Smuggling Hearsay: How People V. Sanchez Redefined The Scope Of Expert Basis Testimony In California And Beyond ,, Marissa N. Hamilton

Chapman Law Review

No abstract provided.

Whose Lien Is It Anyway? A Comparative Analysis Of Approaches To Homeowner Association Lien Priority, Steven L. Rimmer

Chapman Law Review

No abstract provided.

Guyana-Venezuela Border Dispute: Seeking A Peaceful Solution, Aaron Marcus Homer

Dissertations and Theses

The purpose of this thesis is to examine and evaluate the effectiveness of those dispute settlement mechanisms that are capable of resolving the Guyana-Venezuela border dispute. This thesis will analyze those legal principles and/or techniques of the International Court of Justice, mediation and the Permanent Court of Arbitration, which are indispensable for dispute resolution. I argue that a resolution is significant for the stability of the international community.

Guyana and Venezuela possess economic and political interests in the disputed Essequibo region. Venezuela’s predilection for bilateral negotiations contradicts Guyana’s request for a judicial solution. These extreme positions are not novel but …

Spousal Support In Quebec: Resisting The Spousal Support Advisory Guidelines, Jodi Lazare

Articles, Book Chapters, & Popular Press

Since 2005, the Spousal Support Advisory Guidelines have become an essential part of the practice of family law throughout Canada. Aimed at structuring discretionary spousal support determinations under the Divorce Act and increasing the fairness of awards, the Advisory Guidelines have been embraced by appellate courts across jurisdictions. Quebec is the exception to that trend. Despite that marriage and divorce fall under federal jurisdiction, Quebec courts resist the application of these non-binding rules, written by two family law scholars. This article responds to Quebec's resistance to the Advisory Guidelines and suggests that concerns about them may be misplaced. By reviewing …

Submission To The Open Call For Input Regarding The Working Group’S Report On The Gender Lens To The Un Guiding Principles On Business And Human Rights, Sara Seck, Penelope Simons

Articles, Book Chapters, & Popular Press

In October 2017, we co-hosted a conference and policy meeting on the subject of extractive industries and the human rights of women and girls, at the Human Rights Resource Education Centre in Ottawa. This submission will reflect on some of the insights that emerged from the conference and policy meeting, as well as our own subsequent research. A selection of conference papers are forthcoming in a special issue of the Canadian Journal of Women and the Law. We have inserted our submissions in response to some of the specific questions raised by the Working Group.

The Year In Spousal Support: Appeals, Material Changes And More, Rollie Thompson

Articles, Book Chapters, & Popular Press

At last year’s Family Law Summit, after reviewing the 2016 appeal cases, I focussed my presentation on two SSAG issues: location in the ranges for amount and duration; and the SSAG exceptions. 2016 was a big year for SSAG cases in the Ontario Court of Appeal, notably the decision in Mason v. Mason, 2016 ONCA 725. Mason joins the three other “must-read” SSAG appeal decisions: Fisher v. Fisher, 2008 ONCA 11; Cassidy v. MacNeil, 2010 ONCA 218; and Gray v. Gray, 2014 ONCA 659.

2016 was also the year of the release of the Revised User’s Guide, an updated user’s …

Understanding The Lagos State Properties Protection Law, 2016, Okanga Ogbu Okanga

Articles, Book Chapters, & Popular Press

Land is a crucial component of development. This is more so in a place like Lagos State, Nigeria's economic capital, where there is a far greater demand for the asset than nature bestows. The State has for decades endured a damaging form of criminality widely known as land grabbing. This menace manifests itself in various ways, some of which are outlined in this article. The Lagos State Properties Development Law 2016 (“the Law’ or ‘PPL”) aims to curtail unwholesome and unscrupulous land transactions and practices in the State by prescribing strong criminal sanctions against violators. This paper examines the essence …

Navigating The Federal Sentencing Guidelines: Considerations Of Equitable Impact After United States V. Trinidad, Jonathan Petree

Journal of Air Law and Commerce

No abstract provided.

Foreword, Robin A. Lenhardt, Tanya K. Hernandez, Kimani Paul-Emile

Fordham Law Review

This Foreword provides an overview of Fifty Years of Loving v. Virginia and the Continued Pursuit of Racial Equality, a symposium hosted by the Fordham Law Review and cosponsored by the Fordham Law School Center on Race, Law & Justice. Even fifty years later, Loving provides ample foundation for an inquiry into the operation of race and racial inequality in the United States, which touches on the queries outlined above, as well as many others. In our view, a symposium focused on Loving makes a significant contribution by deepening scholarly analysis of that decision and by explicating the kinds of …

When A Wrongful Birth Claim May Not Be Wrong: Race, Inequality, And The Cost Of Blackness, Kimani Paul-Emile

Fordham Law Review

The year 2017 marked the fiftieth anniversary of the Loving v. Virginia decision, in which a unanimous U.S. Supreme Court struck down as unconstitutional laws prohibiting interracial marriage. Today, when we consider interracial loving, we tend to envision romantic relationships. What is often overlooked, however, is the relationship between parent and child: among the most intimate of relationships. A primary reason for this oversight may be that we do not often conceptualize the parent and child relationship as an interracial space. Indeed, although most people select their romantic partners, few are afforded the opportunity to select their children outside of …

Class Problem!: Why The Inconsistent Application Of Rule 23'S Class Certification Requirements During Overbreadth Analysis Is A Threat To Litigant Certainty, David I. Berman

Fordham Law Review

Rule 23 of the Federal Rules of Civil Procedure is home to the class action device. It is well-documented that this rule significantly impacts our legal system. As a result, the need for its effective utilization has been apparent since its introduction. Despite this, federal courts have inconsistently applied the rule during their analyses of overbroad class definitions at the class certification stage. Consequently, parties involved in such litigation have been exposed to unnecessary costs and the potential for forum shopping. Nonetheless, this judicial inconsistency has gone largely unrecognized because it does not implicate the results of class certification. Hence, …

A Review Of Contemporary U.S. Wild Horse And Burro Management Policies Relative To Desired Management Outcomes, Keith A. Norris

Human–Wildlife Interactions

Legally defined “wild” horse (Equus ferus caballus ) and burro (E. asinus ; WHB) populations in the United States exceed established population objectives. The context of WHB policy and management can be categorized into ecological, geographical, legal, social, and political perspectives. Ecologically, all WHB populations in the United States are considered feral animals, but certain populations are afforded protection and management by the federal Wild Free-Roaming Horses and Burros Act (WFRHBA) of 1971. The current policy and management paradigms under which the WFRHBA is being implemented has contributed to rangeland degradation, poor WHB health, and impacts to native wildlife. This …

The Long Environmental Justice Movement, Jedediah S. Purdy

Faculty Scholarship

The standpoint of environmental justice has become integral to environmental law in the last thirty years. Environmental justice criticizes mainstream environmental law and advocacy institutions on three main fronts: for paying too little attention to the distributive effects of environmental policy; for emphasizing elite and professional advocacy over participation in decision making by affected communities; and for adhering to a woods-and-waters view of which problems count as “environmental” that disregards the importance of neighborhoods, workplaces, and cities. This Article highlights the existence of a “long environmental justice movement” that, like the long movements for racial equality and labor organizing, put …

Impeachment: A Handbook, Philip C. Bobbitt

Faculty Scholarship

Charles Black’s Impeachment: A Handbook, first published in 1974 at the height of the Watergate crisis, has become the authoritative guide on the subject of presidential impeachment. In September, the Yale University Press published a new edition of the classic handbook, incorporating a new preface and new material by constitutional theorist Philip Bobbitt. Bobbitt’s contribution to the new edition appears in the Essay that follows.

Because Professor Black’s original text had no accompanying notes, the publisher decided to continue this format in the new print edition. In this re-publication, the Journal worked with Bobbitt to present his chapters with …

Vol. 21, No. 2: Front Matter, Water Law Review

Water Law Review

No abstract provided.

Corporate Governance, Capital Markets, And Securities Law, Adam C. Pritchard

Book Chapters

This chapter explores the dividing line between corporate governance and securities law from both historical and institutional perspectives. Section 2 examines the origins of the dividing line between securities law and corporate governance in the United States, as well as the efforts of the SEC to push against that boundary. That history sets the stage for section 3, which broadens the inquiry by examining the institutional connections between capital markets and corporate governance. Are there practical limits to the connection between securities law and corporate governance? The US again illustrates the point, as Congress has increasingly crossed the traditional boundary …

Procedural Justice In Transnational Contexts, Stephen Cody, Alexa Koenig

Suffolk University Law School Faculty Works

Procedural justice scholarship shows that perceptions of judicial fairness can strongly influence a court participant’s satisfaction with judicial outcomes, as well as the perceived legitimacy of the dispute resolution forum. What is largely unknown, however, is how procedural justice plays out in transnational contexts. Most previous studies focus on adjudication in domestic forums. Here, drawing on 622 semi-structured interviews with victims in cases before the International Criminal Court (ICC), we document how four core procedural justice principles–voice, neutrality, trust and respect–are interpreted differently in transnational rather than in national contexts. We also identify additional factors–including participants’ concerns over physical safety …

Beyond Legal Reasoning: A Critique Of Pure Lawyering, Jeffrey M. Lipshaw

Suffolk University Law School Faculty Works

This is the Preface to Beyond Legal Reasoning: A Critique of Pure Lawyering (Routledge, 2017) (ISBN: 978-1138221307).

The book provides a critique of the traditional views of “thinking like a lawyer” or “pure lawyering,” aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing examples from the intersection of real world law and business issues, the book argues the “pure lawyering” of traditional legal education is agnostic to either truth or moral value of outcomes. It offers a critique of pure lawyering’s potential both for illusions of certainty and cynical instrumentalism, and …

The Second Element, First Priority, Steven Ferrey

Suffolk University Law School Faculty Works

Leaders have knowingly made a significant miscalculation in basic math, which is pushing world climate policies to the “tipping points . . . that will alter regional and global environmental balances. . . irreversible within the time span of our current civilization.” Climate policy focuses primarily on only one warming chemical, carbon dioxide (CO2), the most prevalent greenhouse gas (GHG). The second most important warming chemical has been miscalculated and underestimated in its causative impact on climate, not by a few percent or by a rounding error, but by several hundred percent.

This article re-examines the science of climate warming …

Black Swan Reconfiguration: Legal Separation Of American Powers, Steven Ferrey

Suffolk University Law School Faculty Works

In a legal Black Swan event, the Supreme Court, in an unprecedented action, stayed and blocked implementation of the Obama Administration’s core domestic and international agenda — years before a legal challenge to the regulation would ever reach the highest Court. This decision underscores major changes in the legal separation of U.S. governmental powers, and alters long-standing Chevron deference to the executive branch.

The Clean Power Plan served as the foundation of the Obama Administration’s goal to reduce climate-warming gas emissions from power plants. It provided the legal mortar cementing the U.S. commitment to the 2015 International Paris Agreement on …

Feminism And The Tournament, Jessica A. Clarke

Vanderbilt Law School Faculty Publications

Naomi Bishop, the protagonist of the 2016 film "Equity," is the rare "she-wolf of Wall Street."' At the beginning of the film, Bishop appears on a panel at an alumni event. She explains her career choices to the young women in the audience as follows: I like money. I do. I like numbers. I like negotiating. I love a challenge. Turning a no into a yes. But I really do like money. I like knowing that I have it. I grew up in a house where there was never enough. I was raised by a single mom with four kids. …