Law Commons^™

The Study Of Law And India’S Society: The Galanter Factor, Robert Moog

Law and Contemporary Problems

Moog pursues three related themes or lines of inquiry that have marked her own research, the roots of which are to be found in Marc Galanter's earlier works and the broader law-and-society movement. These include, the significance of lower courts, the role of the local bar, and the evolution of alternatives to formal court proceedings all represent essential areas for exploration in the attempt to understand the successes and failures of the Indian justice system.

Colonialism And The Process Of Defining Aboriginal People, D'Arcy Vermette

Dalhousie Law Journal

It is not uncommon for Aboriginal law students to experience discomfort in studying the law The discomfort is not unique to legal studies, but the law provides a venue where the effects of the imposition of colonial norms are starkly revealed. In law school the author had to confront how Canadian law has attempted to control Aboriginal identity, at first through legislation and then through the courts. While the locus and style of controlling Aboriginal identity has changed over time, the practice of controlling Aboriginal identity is ever present. This process of control dehumanizes individualsand peoples and continues into the …

The State Attorney General And Preemption, Trevor W. Morrison

Cornell Law Faculty Publications

According to the National Association of Attorneys General, "the rise of preemption of state laws and regulations by federal administrative agencies, rather than directly by Congress" is "[p]erhaps the most significant development in federal preemption in the last several decades." This kind of preemption is typically claimed in an agency ruling or regulation declaring certain state laws or activities preempted, even though the underlying statute says nothing about preemption in those areas. That an association of state attorneys general would view "agency preemption" as particularly worrisome is hardly surprising: the main casualties are often state attorneys general, whose broad investigative …

This Is The End… My Friend: Disgorgement, Dissolution And Sequestration As Remedies Under State Udap Statutes, Michael Flynn

Faculty Scholarship

No abstract provided.

When Disability Isn't "Just Right": The Entrenchment Of The Medical Model Of Disability And The Goldilocks Dilemma, Brad Areheart

College of Law Faculty Scholarship

In this Article, I analyze how federal courts' interpretations of the Americans with Disabilities Act (ADA) have presented a Goldilocks dilemma for disabled individuals. In particular, I examine how a typical ADA plaintiff is found either not disabled enough to warrant the protections of the ADA or too disabled to be a qualified individual for the respective job. The result is that very few plaintiffs are disabled just right. Such a result is at odds with the original intent of the ADA.Concern over the ADA could hardly be more timely. In July of 2007, bipartisan legislation based on the National …

The Attorney-Client Privilege Protection Act: The Prospect Of Congressional Intervention Into The Department Of Justice's Corporate Charging Policy, Andrew Gilman

Fordham Urban Law Journal

This Note analyzes the Privilege Protection Act, focusing on how it might change corporate white-collar prosecutions. Part I of this Note explores the mechanics of the corporate privilege, the development of the DOJ's waiver policy, and the structure of the Privilege Protection Act. Part II addresses the conflicting views on whether the Privilege Protection Act will bolster corporate attorney-client privilege, provide for the effective and efficient prosecution of white-collar crime, and promote ethical prosecutorial practices. Finally, Part III argues that the Privilege Protection Act is a misguided attempt to correct a greater systemic problem with the corporate attorney-client privilege and …

Construing The National Labor Relations Act The Nlrb And Method Of Statutory Construction, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

Tobacco Control And Snus: Time To Take A Stand, Lindsey C. Dastrup, Jacqueline M. Mcnamara

Journal of Health Care Law and Policy

No abstract provided.

Reincarnating The "Major Questions" Exception To Chevron Deference As A Doctrine Of Non-Interference (Or Why Massachusetts V. Epa Got It Wrong), Abigail Moncrieff

Faculty Scholarship

In a pair of cases declaring a major questions exception to Chevron deference, the Supreme Court held that executive agencies may not implement major policy changes without explicit authorization from Congress. But in Massachusetts v. EPA, the Court unceremoniously killed its major questions rule, requiring the EPA to implement one such major policy change. Because the scholarly literature to date has failed to discern a worthy justification for the major questions rule, the academy might be tempted to celebrate the rule's death. This Article, how-ever, argues that the rule ought to be mourned and, indeed, reincarnated. It offers a non-interference …

Agenda Power In The Italian Chamber Of Deputies, 1988-2000, Gary W. Cox, William B. Heller, Mathew D. Mccubbins

Faculty Scholarship

We find strong evidence that governing coalitions in Italy exercise significant negative agenda powers. First, governing parties have a roll rate that is nearly zero, and their roll rate is lower than opposition parties’ roll rates, which average about 20% on all final passage votes. Second, we find that, controlling for distance from the floor median, opposition parties have higher roll rates than government parties. These results strongly suggest that governing parties in Italy are able to control the legislative agenda to their benefit. We also document significantly higher opposition roll rates on decree-conversion bills and budget bills that on …

Addressing Potential Drug Risks: The Limits Of Testing, Risk Signals, Preemption, And The Drug Reform Legislation, Margaret Gilhooley

South Carolina Law Review

No abstract provided.

Pfo Law Reform, A Crucial First Step Towards Sentencing Sanity In Kentucky, Robert G. Lawson

Law Faculty Scholarly Articles

The purpose of this article is to engage in some analysis and discussion of the part of this sentencing law that cries out loudest for reform (the state's persistent felony offender law), reform that in short order would begin to deflate the population that has our prisons and jails grossly overcrowded. In this analysis and discussion, there is some brief consideration of the justifications used to support repeat offender laws (Part I), a segment on the history and evolution of Kentucky's law (Part II), an examination of a selection of repeat offender laws from other states (Part III), a report …

A Brief History Of Brazilian Biofuels Legislation, Juscelino F. Colares

Faculty Publications

Due to concerns with global climate change, Brazil's long and diversified experience with biofuels has captured the attention of policymakers worldwide. Yet, little is known about the history and scale of the Brazilian biofuels program in the United States. This comment provides an introduction to the history of Brazil's biofuels program and refers to the basic statutes that set it in place. Due to the unavailability of these enactments in English, an appendix provides the relevant portions of these statutes both in Portuguese and in the author's English translation.

Federal Regulation And Legislation In The Wake Of The Subprime Mortgage Meltdown: A Legal Philosophical Analysis Of Federal Government Responses To Market Bubbles, Joshua Wirth

Fordham Journal of Corporate & Financial Law

No abstract provided.

Framework For The Next Civil Rights Act: What Tort Concepts Reveal About Goals, Results, And Standards, Derek W. Black

Faculty Publications

This article anticipates that the next president and the current Congress will likely pursue civil rights legislation for the first time since 1991. Their most significant and difficult task will be determining whether to retain the Supreme Court’s intentional discrimination standard. Because this issue has so often led to polemic debates and court decisions in the past, this article attempts to provide a neutral framework for that discussion. Relying on tort concepts and their longstanding connection to constitutional torts, it demonstrates that the attempt to create a standard to prohibit immoral or “wrongful” conduct is both misguided and will prove …

Who Is Reading The Data On Your Old Computer?, Vivienne Mee

Journal of Digital Forensics, Security and Law

Researchers at Rits Information Security performed a study in how the Irish population disposes of their old computers. How would you dispose of your old computer, or how would the company you work for dispose of their old computers?

The majority of Irish homeowners, would bring their old computers to local civic amenity centres, give it away to a relative or sell it on to another party.

Some organisations would give their old equipment to a staff member, as a gift gesture, others may simply discard in the local civic amenity site.

What is wrong with the methods currently being …

The Independence Of The Law Department, Jeffrey D. Friedlander

NYLS Law Review

No abstract provided.

Avalanche Or Undue Alarm? An Empirical Study Of Subpoenas Received By The News Media, Ronnell Anderson Jones

Utah Law Faculty Scholarship

For more than 30 years, proponents and opponents of a federal reporter's shield law have debated the necessity of a privilege for members of the news media and have disagreed sharply about the frequency with which subpoenas are issued to the press. Most recently, in the wake of several high-profile contempt cases, proponents have pointed to a perceived "avalanche" of subpoenas, while opponents have contended that the receipt of subpoenas by reporters remains very rare. This article summarizes the results of an empirical study on the question. The study gathered data on subpoenas received by daily newspapers and network-affiliated television …

Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Why The No Child Left Behind Act Needs To Be Restructured To Accomplish Its Goals And How To Do It, Gershon M. Ratner

University of the District of Columbia Law Review

The No Child Left Behind Act ("NCLB" or the "Act") 1 has created a once in a lifetime opportunity to improve American public education. NCLB has embraced vital goals for the new Information Age: academic proficiency for virtually all public school students and elimination of the severe racial/income "achievement gap." The Act provides four pillars on which states and localities might build a bridge to reach the goals: higher standards; periodic testing to measure the extent to which the standards are being met; disaggregating test results by student subgroup; and reporting to the public. The critical question is "how to …

Taxation, Craig D. Bell

University of Richmond Law Review

This article reviews significant developments in the law affect-ing Virginia taxation. Each section covers recent legislative changes, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation and the Attorney General of Virginia over the past year. The overall purpose ofthis article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation most likely to have an impact on their practices. This article will not, however, discuss many of the numerous technical legislative changes to the State Taxation Code of Title 58.1.

What's In A Name Or, Better Yet, What's It Worth?: Cities, Sports Teams And The Right Of Publicity, Mitchell J. Nathanson

Working Paper Series

This article examines the harm that accompanies real and threatened in-market relocations of professional sports teams and proposes a federal statutory remedy that will protect the interest of city residents given the reality that city governments have demonstrated their inability to adequately protect their electorate through contract law alone. Although, as this article discusses, there have been myriad bills proposed by Congress in response to several high profile out-of-market sports franchise relocations (mostly those involving NFL teams and mostly during the 1990’s), in-market relocations have historically occurred much more frequently, inflicting similar harms to the spurned city residents. Moreover, as …

Regulating The Poor And Encouraging Charity In Times Of Crisis: The Poor Laws And The Statute Of Charitable Uses, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

National crises such as September 11th and Hurricane Katrina resulted in an unprecedented outpouring of charitable generosity by Americans, which was encouraged by the government through tax incentives. This paper examines an earlier period of crisis, Tudor England (1485-1603), where the state encouraged philanthropy as a tool of social and political policy. Certain charitable activities were favored and others disadvantaged to spur private sector resources to resolve public problems.

The article discusses the evolution of the laws regulating the poor, which culminated in the Poor Law Legislation of 1601, a process that developed attitudes toward the poor and concepts of …

F07rs Sgb No. 7 (Committee Meetings), Clark, Remson, Sita

Student Senate Enrolled Legislation

No abstract provided.

The Confidentiality Of Seismic Data, Michael P. Simms, Van Penick

Dalhousie Law Journal

The authors review the common law, common contractual language and statutory law relating to the confidentiality of seismic information. The extent of the rights of the Canada-Newfoundland and Labrador and Canada-Nova Scotia Offshore Petroleum Boards to receive, use and make seismic data public is considered in light of freedom of information and protection of privacy legislation. The authors discuss the different treatment of specified user and speculative seismic data, and explore copyright.

Rule Of Law Conference: Global Issues And The Rule Of Law, Lord Chief Justice Nicholas Phillips Of Worth Matravers

University of Richmond Law Review

No abstract provided.

State Legislative Update, J. Matthew Belz, Caleb Lewis, Remington Smith, Peter Wilder

Journal of Dispute Resolution

Collaborative law is a relatively new dispute resolution method by which parties mutually agree to negotiate a settlement in good faith. Either party may terminate the collaborative process at will and present the matter to a court for a decision. Upon termination of the collaborative process, both attorneys must withdraw and cease all participation in the case. The continuing saturation of court dockets and the expense of litigation require the promotion of viable, alternative means to resolve disputes. Collaborative law as authorized under Texas Senate Bill 942 is an especially attractive process because it demands cooperation between the disputing parties …

Demolition By Neglect: Repairing Buildings By Repairing Legislation, Anna Martin

Georgetown Law Historic Preservation Papers Series

One of the biggest problems today facing communities with historic preservation ordinances is delinquent owners who don’t have the will or the finances to maintain their historic properties and landmarks. Historic preservation law plays an important role in building a sense of patriotism and community togetherness, fostering education and providing incentives for aesthetically pleasing architecture. When residents can identify with a community, this creates a dialogue and sense of belonging. There are also environmental and psychological impacts of preserving old buildings, since human beings are positively affected by their surroundings when they feel a "sense of place." When buildings in …

Noncontemporaneous Lawmaking: Can The 110th Senate Enact A Bill Passed By The 109th House, Seth Barrett Tillman

Cornell Journal of Law and Public Policy

No abstract provided.

Against Mix-And-Match Lawmaking, Aaron-Andrew P. Bruhl

Cornell Journal of Law and Public Policy

No abstract provided.