Law Commons^™

Politics And Authority In The U.S. Supreme Court, Joshua Fischman

Cornell Law Review

Public discourse on the Supreme Court often focuses on the divide between the liberal and conservative Justices. There has been a second persistent divide in the Court, however, which has been largely overlooked by scholars, the media, and the public. This second divide has arisen most often in cases involving the jury trial right, the Confrontation Clause, the Fourth Amendment, punitive damages, and the interpretation of criminal statutes. This Article argues that this divide represents disagreements among the Justices over how to determine the limits of the authority of legal actors, particularly juries, executive officials, and trial judges. On one …

The Safe And Efficient Development Of Offshore Transboundary Hydrocarbons: Best Practices From The North Sea And Their Application To The Gulf Of Mexico, Elise Aldendifer, Mckenzie Coe, Taylor Faught, Ian Klein, Peter Kuylen, Keeli Lane, Robert Loughran, Kristin Newby, Morgan Parker, Megan Pharis, John Thomas, Braxton Wood

EENRS Program Reports & Publications

Offshore hydrocarbon resources have been developed for many decades, and with technology improvements, many fields which were once impossible to develop, are now economically and technologically feasible. This has led to a growing difficulty in determining the legislative and regulatory framework for resources that straddle the recognized borders between two states. In this paper, we examine a successful framework agreement governing the transboundary resources between the United Kingdom (“U.K.”) and Norway in the North Sea, and the agreement between the United States and Mexico governing the Gulf of Mexico. Following the 2013 Energy Reform, the Mexican energy sector has been …

While They Waited: Pre-Obergefell Lives And The Law Of Nonmarriage, Michael J. Higdon

Scholarly Works

In the wake of Obergefell, the United States now has a large class of married, same-sex couples whose relationships began at a time when marriage was unavailable to them. The law must therefore wrestle with the question whether any portion of a pre-Obergefell relationship should count toward the length of the ensuing marriage — an important question given the number of marital benefits tied directly to this calculation. As courts and legislators alike wrestle with this difficult question, they will need to examine how these couples ordered their relationships during a time when “nonmarriage” was the only option. This Essay …

Ok, Google, Will Artificial Intelligence Replace Human Lawyering?, Amy Vorenberg, Julie A. Oseid, Melissa Love Koenig

Law Faculty Scholarship

Will Artificial Intelligence (AI) replace human lawyering? The answer is no. Despite worries that AI is getting so sophisticated that it could take over the profession, there is little cause for concern. Indeed, the surge of AI in the legal field has crystalized the real essence of effective lawyering. The lawyer’s craft goes beyond what AI can do because we listen with empathy to clients’ stories, strategize to find that story that might not be obvious, thoughtfully use our imagination and judgment to decide which story will appeal to an audience, and creatively tell those winning stories.

This article reviews …

Fordham Lawyer, No. 17 - Fall 2019, Fordham Law Alumni Association, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.

Front Matter

Hofstra Law Review

No abstract provided.

"23 And Plea": Limiting Police Use Of Genealogy Sites After Carpenter V. United States, Antony Barone Kolenc

West Virginia Law Review

No abstract provided.

Forbidden Flower: How Allowing Medical Cannabis Flower In West Virginia Helps Heal Patients And The State Economy, Jordan Maddy

West Virginia Law Review

No abstract provided.

References To Movies In Judicial Opinions And Written Advocacy, Part 1, Douglas E. Abrams

Faculty Publications

In opinions in cases with no claims or defenses concerning movies or the movie industry, trial and appellate judges often help explain substantive or procedural points, or help embellish the discussion, with references to themes, scenes, or characters from well-known films that have held Americans’ attention. Sometimes the reference appears in an opinion of the court, and sometimes it appears in a concurring or dissenting opinion.

Chicago's School Closings: From A Civil Rights Perspective To A Human Rights Perspective, Lincoln Hill

Center for the Human Rights of Children

In May 2013, the Chicago Board of education approved a plan to close 49 of the city’s elementary schools and one of its high schools1 resulting in the largest mass school closure in United states history.2 Those against the school closings argued that the decision was discriminatory considering the racial and socioeconomic disparities of children directly affected. With Black children representing just 40% of the district’s students, 80% of the children impacted by the closings were Black students living in predominantly Black and impoverished neighbor- hoods in the south and West sides of the city.

Despite national criticism and protests …

Just Outside Of Manteo And Murphy, Matthew L. Farley

North Carolina Law Review

No abstract provided.

Should Good People Be Doctors? A Comment On Paul Butler And Anonymous, Richard Delgado

SMU Law Review Forum

No abstract provided.

Accelerating Scholarly Communication: The Transformative Role Of Preprints, Andrea Chiarelli, Rob Johnson, Emma Richens, Stephen Pinfield

Copyright, Fair Use, Scholarly Communication, etc.

Five take-away messages:

Early and fast dissemination, increased opportunities for feedback and openness are seen as the main benefits of preprints.

The main concerns over preprints are the lack of quality assurance, media potentially reporting inaccurate research and journals rejecting articles if a preprint has been posted.

Twitter has been playing a key enabling role in the current second wave of preprints and preprint servers. It also appears to be the main way researchers are exposed to preprints in the first place.

It is not clear who will be responsible for posting preprints in the long-term – researchers or publishers? …

Bar Bytes: Social Media Benefits, Risks, And Best Practices, Eve Ross

Faculty Publications

No abstract provided.

Downgrading Superprecedents, R. George Wright

West Virginia Law Review

No abstract provided.

Pain In The Ash: How Coal-Fired Power Plants Are Polluting Our Nation's Waters Without Consequences, Amanda P. Demmerle

West Virginia Law Review

No abstract provided.

The Co-Tenancy Act And The Modernization Of West Virginia’S Oil And Gas Law, Jack Budig

West Virginia Law Review

No abstract provided.

From Language To Law: Interpretation And Construction In Early American Judicial Practice, Hillary Chutter-Ames

Northwestern University Law Review

This Note surveys evidence concerning how early American Supreme Court Justices approached interpretation and construction based on an analysis of Supreme Court opinions from 1795 to 1805. An evaluation of this evidence indicates two main trends. First, the Justices engaged in interpretation and construction as a single process, alternating between textual and normative reasoning to determine the intent of the Framers or of Congress. In some cases, textual reasoning seemed determinative; in others, normative reasoning was decisive. This finding illustrates some tension between the idea of limiting judicial discretion in construction and applying methods of interpretation and construction that would …

Masthead

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

Table Of Contents

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

Oira’S Expanded Review Of Tax Regulations And Its Surprising Implications, Bridget C.E. Dooling

The Business, Entrepreneurship & Tax Law Review

Executive Order 12866 describes U.S. policy on regulatory planning and review. It directs agencies to identify the nature and significance of the problem they are trying to solve with regulation, to identify alternative solutions, to assess the quantifiable and non-quantifiable costs and benefits of each alternative, and then to choose the option that maximizes net benefits to society, taking into account distributional effects and other considerations. That policy, which has governed U.S. regulation for several decades, is managed by the Office of Information and Regulatory Affairs (“OIRA”). It is also subject to several exemptions. In April 2018, the U.S. Department …

Restoring Internet Freedom As An Example Of How To Regulate, Jerry Ellig

The Business, Entrepreneurship & Tax Law Review

Thomas Lambert’s How to Regulate urges regulators to diagnose the extent and causes of the problems they seek to solve and consider the benefits and costs of alternative solutions. It also warns that government officials are affected by the incentives and knowledge constraints they face, and regulations should be designed to mitigate this problem. The Federal Communications Commission’s Restoring Internet Freedom order provides examples of these principles in practice. In its assessment of blocking, throttling, paid prioritization, and other general business conduct of broadband providers, the order first utilized economic research to identify the extent and causes of the underlying …

No Such Thing As Partial Per Se: Why Jefferson Parish V. Hyde Should Be Abolished In Favor Of A Rule Of Reason Standard For Tying Arrangements, Matthew Hodgson

The Business, Entrepreneurship & Tax Law Review

For more than a century, antitrust law has operated under two rules of analysis: rule of reason and per se. In 1984, however, the Supreme Court fabricated a new standard for a particular type of antitrust offense, referred to as the “partial per se” rule. This rule confuses and obscures the analysis taking place in tying arrangements and has no place in American jurisprudence. The rule should be abolished, and in its place, the Court should adopt the rule of reason analysis and elements suggested by Justice O’Connor in the very case from which this “partial” rule originated. By doing …

Madison And Shannon On Social Media, Justin "Gus" Hurwitz

The Business, Entrepreneurship & Tax Law Review

The Internet has changed speech, and our traditional understandings of speech regulation are struggling to adapt. This article argues that the Internet has tipped the quantity of information that individuals are exposed to beyond the point which they are able to meaningfully process. This article draws from a range of fields— from Information Theory, to cognitive psychology, to informatics—to provide both empirical and theoretical support for the idea that there is a limit to how much information individuals can meaningfully process and that we have surpassed that limit. This argument poses a direct challenge to bedrock First Amendment concepts such …

The Weinstein Tax: Congress' Attempt To Curb Non-Disclosure Agreements In Sexual Harassment Settlements, Shane Rader

The Business, Entrepreneurship & Tax Law Review

The Tax Cuts and Jobs Act has been hailed by many as both a significant and sensible tax reform. It lowered the U.S.’s notoriously high corporate tax rates while also providing a tax break for many individual Americans. Although this tax reform has its benefits, this article discusses a troubling provision that has not garnered much attention. This particular provision, incorporated into the Internal Revenue Code as § 162(q), does not allow the deduction of settlement or attorneys’ fees in sexual harassment cases when a settlement is subject to a nondisclosure agreement. Although the intention of this reform was to …

The Mighty Waves Of Regulatory Reform: Regulatory Budgets And The Future Of Cost-Benefit Analysis, James Broughel

The Business, Entrepreneurship & Tax Law Review

In the past 70 or 80 years, there have been three “waves” of reforms to the process of creating and managing U.S. federal and state regulations. The first wave began in 1946 with the passage of the federal Administrative Procedure Act, after which states went on to pass and formalize their own administrative procedures. The second wave began decades later in the mid-1970s, ushering in the era of cost-benefit analysis reforms for regulations. This article focuses on the third wave of regulatory reforms that appears to be sweeping the nation and includes a prediction that the next wave may include …

Mbrojtja Dhe Ndihma E Viktimave, Rina Imeri

Theses and Dissertations

Në sistemet tradicionale të drejtësisë, agresioni ndaj viktimave zakonisht gjente mbështetjen dhe ndihmën e familjes, fshatit ose fisit të tyre. Brenda këtij konteksti, merret si e mirëqenë që viktima dhe të afërmit e saj si dhe i gjithë grupi social ndajnë barrën e trajtimit të konfliktit.

Me rritjen e kompleksitetit të shoqërisë dhe evoluimin e sistemeve të drejtësisë, shteti kishte marrë gradualisht një rol dominues në procesin e drejtësisë. Format specifike të sjelljes përcaktoheshin nga shteti si krime, të cilat më shumë konsideroheshin si krime kundër shtetit, sesa shkelje e të drejtave të viktimës. Viktimave u ishte ofruar më pak …

Procedura Në Kontestet Martesore Dhe Familjare Me Theks Të Veçant Procedura E Shkurorëzimit, Kaltrina Ferati

Theses and Dissertations

Ky punim shqyrton dhe analizon procedurën për zgjidhjen e martesës nëpërmjet institutit të shkurorëzimit. Qëllimi kryesor i këtij punimi është shqyrtimi dhe analizimi i procedurës së shkurorëzimit sipas legjislacionit pozitiv në Kosovë. Në hyrje të punimit jepet një vështrim i shkurtër historik mbi institutin e martesës në përgjithësi dhe institutit të shkurorëzimit në veqanti. Më pas në një kapitull të veçantë trajtohen disa nocione të përgjithshme në lidhje më institutin e martesës si: nocioni i martesës, kushtet për lidhjen dhe vlefshmërinë e martesës si dhe pengesat dhe ndalesat martesore. Për të vazhduar më pas më trajtimin e institutittë shkurorëzimit që …

Procedura Në Kontestet Martesore Dhe Familjare Me Theks Të Veçant Procedura E Shkurorëzimit, Kaltrina Ferati

Theses and Dissertations

Ky punim shqyrton dhe analizon procedurën për zgjidhjen e martesës nëpërmjet institutit të shkurorëzimit. Qëllimi kryesor i këtij punimi është shqyrtimi dhe analizimi i procedurës së shkurorëzimit sipas legjislacionit pozitiv në Kosovë. Në hyrje të punimit jepet një vështrim i shkurtër historik mbi institutin e martesës në përgjithësi dhe institutit të shkurorëzimit në veqanti. Më pas në një kapitull të veçantë trajtohen disa nocione të përgjithshme në lidhje më institutin e martesës si: nocioni i martesës, kushtet për lidhjen dhe vlefshmërinë e martesës si dhe pengesat dhe ndalesat martesore. Për të vazhduar më pas më trajtimin e institutittë shkurorëzimit që …

Përmbarimi Privat Në Republikën E Kosovës, Ismajl Shabani

Theses and Dissertations

Ky punim ka për qëllim të ofrojë informacione të rëndësishme lidhur me rregullimin ligjor dhe funksionimin në praktikë të sistemit të përmbarimit privat në Kosovë. Pyetjet kërkimore të cilat parashtrohen në kuadër të këtij punimi janë:

1. Kush janë subjektet e procedurës përmbarimore;
2. Cili është organi kompetent për zhvillimin e procedurës përmbarimore;
3. Cilat janë kushtet dhe si shkon procedura për emërtimin e përmbaruesit privat;
4. Cilat janë bazat juridike për caktimin e përmbarimit;
5. Si bëhet inicimi i procedurës përmbarimore dhe si shkon rrjedha e zhvillimit të procedurës?
6. Cilat janë llojet e vendimeve në procedurë përmbarimore?
7. Cilat janë mjetet e goditjes së vendimeve …