Law Commons^™

Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack

Articles

No abstract provided.

Another Word On The President's Statutory Authority Over Agency Action, Nina A. Mendelson

Articles

In this short symposium contribution, I attempt first to add some further evidence on the interpretive question. That evidence weighs strongly, in my view, in favor of Kagan's conclusion that the terminology does not communicate any particular congressional intent regarding presidential directive authority. Assessed in context, the "whole code" textual analysis presented by Stack does not justify the conclusion that Congress, by delegating to an executive branch official, meant to limit presidential control. Independent agencies excluded, interpreting the terms of simple and presidential delegations to speak to directive authority fails, in general, to make sense of the various statutes. Absent …

Foreword: Rulemaking, Democracy, And Torrents Of E-Mail, Nina A. Mendelson

Articles

This Foreword is meant as an initial foray into the question of what agencies should do with mass public comments, particularly on broad questions of policy. Part I discusses the extent to which congressional control, presidential control, and agency procedures themselves can ensure that agency decisions are democratically responsive. In view of shortcomings in both congressional and presidential control, I underscore the need to focus closely on rulemaking procedures as a source of democratic responsiveness. The possibility that agencies may be systematically discounting certain public submissions raises difficulties, and I present some examples. Part II makes a preliminary case that …

William Howard Taft And The Taft Arbitration Treaties, John E. Noyes

Villanova Law Review (1956 - )

An essay is presented on former U.S. President William Howard Taft, focusing on his views towards international law, the two Taft Arbitration Treaties with France and Great Britain, and his role as Chief Justice of the U.S. Supreme Court. Taft's role as the head of the League to Enforce Peace following his presidency is also examined.

Those Lost But Not Forgotten: Applicants With Severe Disabilities, Title I Of The Ada, And Retail Corporations, Charles P. Mileski

Hofstra Law Review

No abstract provided.

H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union, Katharina De La Durantaye

NYLS Law Review

No abstract provided.

What Directors Do (And Fail To Do): Some Comparative Notes On Board Structure And Corporate Governance, Simon Deakin

NYLS Law Review

No abstract provided.

The Adam Walsh Act As Applied To Juveniles: One Size Does Not Fit All, Richard A. Paladino

Hofstra Law Review

No abstract provided.

Which "Client-Centered Counselors"?: A Reply To Professor Freedman, Robert F. Cochran, Jr.

Hofstra Law Review

In this article, Professor Cochran responds to Professor Freedman's comments concerning Cochran’s criticism of client-centered lawyering for its tendency to focus exclusively on the interests of clients, often at the expense of other people. Professor Freedman and his co-author, Professor Abbe Smith, appear to be alone among the client-centered counselors in supporting the idea of moral counsel as an integral part of the decision-making process. In this response, Cochran attempts to generate a conversation among those who identify themselves as client-centered lawyers as to the very significant differences between them in the matter of lawyer-client moral discourse. Under the dominant …

Dominance, Innovation, And Efficiency: Modifying Antitrust And Intellectual Property Doctrines To Further Welfare, Daniel J. Gifford

Hofstra Law Review

No abstract provided.

Who Is Poking Around Your Facebook Profile? The Need To Reform The Stored Communications Act To Reflect A Lack Of Privacy On Social Networking Websites, Lindsay S. Feuer

Hofstra Law Review

No abstract provided.

Resolving The Modern Day Esau Problem Amongst Structured Settlement Recipients, Michelle M. Marcellus

Hofstra Law Review

No abstract provided.

The Future Of The Legal Profession: The New York City Corporation Counsel's Perspective On The Challenges And Opportunities Ahead, Michael A. Cardozo

Hofstra Law Review

No abstract provided.

Legal Initiatives Driving Clean Up Of Chesapeake Bay, Roy A. Hoagland, Jon Mueller

Faculty Publications

No abstract provided.

Hermenêutica Americana Feia / Ugly American Hermeneutics, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

This article is part of a Symposium that provides a forum for comparing legal herme-neutics as articulated by four scholars from the United States and four scholars from Brazil. The article embraces this cross-cultural event by asking whether American legal hermeneutics is “ugly” and is practiced by “ugly Americans.” The pejorative cast of this terminology is obvious and intentional, but it is also ambiguous and multi-layered. The Essay unfolds various dimensions of ugly American hermeneutics and suggests that - ugly though they may be -American scholars still can make some important contribu-tions to the worldwide conversation regarding legal hermeneutics. It …

The Macondo Well Blowout: Taking The Outer Continental Shelf Lands Act Seriously, John J. Costonis

Journal Articles

Choice of law issues in marine pollution events engage federal admiralty/general maritime law, federal environmental legislation and the reserved powers of the states to protect their natural resources and economic welfare. Admiralty and general maritime law enjoyed center stage throughout the first two thirds of the last century. Federal marine pollution statutes were few and weak, and state initiatives were typically deemed preempted in all but the so-called “marine but local” cases. The equilibrium began to shift in favor of state police powers and federal environmental values in the mid-1960’s in consequence of the Supreme Court’s solicitude for the former, …

Reconstituting Land Use Federalism To Address Transitory And Perpetual Disasters: The Bimodal Federalism Framework, Blake Hudson

Journal Articles

Scholars analyzing the intersection of federalism and disaster law and policy have primarily focused on the difficulties federalism poses for interjurisdictional coordination of disaster response. Though scholars have highlighted that rising disaster risks and costs are associated with “land-use planning that exacerbates, rather than mitigates, disaster risk,” a more holistic analysis of land-use-related disaster law and policy is needed. This Article provides a more comprehensive framework within which to analyze prospective mitigation or prevention of disaster risk and costs through a rebalancing - or reconstituting - of the respective roles of the federal and state governments in land-use planning. The …

Commerce In The Commons: A Unified Theory Of Natural Capital Regulation Under The Commerce Clause, Blake Hudson

Journal Articles

Scholars continue to debate the scope of Congress’s Commerce Clause authority and whether fluctuations in the U.S. Supreme Court’s Commerce Clause jurisprudence place federal environmental regulatory authority at risk. Yet when one analyzes major Commerce Clause cases involving resource regulation since the beginning of the modern regulatory state, a consistent theme emerges: both the Supreme Court and Circuit Courts of Appeal have consistently upheld federal authority to regulate depletable natural resources, the appropriation of which is non-excludable - key characteristics of a commons. Commerce Clause jurisprudence can be interpreted as treating appropriation of this natural capital, here described as “privatized …

The Improper Dismissal Of Title Vii Claims On "Jurisdictional" Exhaustion Grounds: How Federal Courts Require That Allegations Be Presented To An Agency Without The Resources To Consider Them, Katherine Macfarlane

Journal Articles

Title VII of the Civil Rights Act of 1964 represents a watershed moment in American history. With Title VII's passage, Congress acknowledged the need to “back” the civil rights movement with “federal legislative power.” Title VII was meant to eliminate practices that inhibit employment opportunity equality. Beyond eliminating those practices, Title VII was also designed to assure equality of employment opportunities and to eliminate conduct that “fostered racially stratified job environments to the disadvantage of minority citizens.” This Title renders unlawful the refusal or failure to hire or “otherwise to discriminate against any individual with respect to his compensation, terms, …

Abolishing State Trademark Registrations, Lee Ann Lockridge

Journal Articles

No abstract provided.

Reemployment Under Userra Sections 4312 & 4313: At Will Employment Vs. Temporary Employment, Richard L. Pate

WCBT Faculty Publications

As thousands of service members return to the U.S., severe economic conditions render acclimation to civilian life especially difficult. In 2010, as the combat mission in Iraq approached an end, the unemployment rate of Iraq and Afghanistan era veterans had reached 13.1 percent. The Uniform Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301-4333 (1994) ("USERRA"), was enacted, in great part, to mitigate harms such as those caused by the aforementioned perfect storm. Among other things, USERRA protects service members by entitling them to reemployment after military service. More specifically, USERRA Sections 4312 & 4313 entitle returning service members …

Steven M. Schneebaum On The Death Penalty And Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp., Steven M. Schneebaum

Human Rights & Human Welfare

A review of:

The Death Penalty and Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp.

Donald W. Jackson On Prisoners Of America’S Wars: From The Early Republic To Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp., Donald W. Jackson

Human Rights & Human Welfare

A review of:

Prisoners of America’s Wars: From the Early Republic to Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp.

American Muslim Minorities: The New Human Rights Struggle, Ashley Moore

Human Rights & Human Welfare

The ramifications of the attacks of September 11, 2001 are felt throughout the United States. However, no minority community is as deeply affected as the American-Muslim minority. Since the attacks on the World Trade Center, Muslims residing in the United States have experienced violations of economic and political liberties, as well as ongoing social discrimination. Media stereotypes and government legislation continually exacerbate these human rights abuses and entrench institutional, social, and economic discrimination deeper in American society. At the heart of this discrimination are clear misunderstandings about Islam and those who practice the faith. In an effort to combat these …

The United States And The International Criminal Court Post-Bush: A Beautiful Courtship But An Unlikely Marriage, Megan A. Fairlie

Faculty Publications

The article focuses on the relationship status between the U.S. and the International Criminal Court (ICC) from being dormant due to being renewed. The renewal was evident from the U.S. representation at the 2009 ICC's Assembly of States Parties annual meeting and the 2010 ICC Review Conference. Using the Rome Statute, the ICC has been granted subject matter jurisdiction over war crimes, crimes against humanity and genocide.

A Cooperative Conundrum? The Naalc And Mexican Migrant Workers In The United States, Robert Russo

All Faculty Publications

Since its adoption in 1993 at the insistence of U.S. President Bill Clinton's administration, the labor side accords to the North American Free Trade Agreement (NAFTA) have been extensively examined, occasionally ridiculed, and often dismissed as irrelevant. Most analysis tends to focus on the disappointing results of the North American Agreement on Labor Cooperation (NAALC) in affecting meaningful changes in the conditions of workers in Mexico. In this article, I aim to take a different approach. My analysis focuses instead primarily on the efficacy of the NAALC process when complaints are made about alleged labor law violations in the United …

The Organization And Status Of The Department Of Interior's Programs And Studies On Climate Change In The Colorado River Basin, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Books, Reports, and Studies

21 p. : ill., maps ; 29 cm

Defining Civil Disputes: Lessons From Two Jurisdictions, Elizabeth G. Thornburg, Camille Cameron

Faculty Journal Articles and Book Chapters

Court systems have adopted a variety of mechanisms to narrow the issues in dispute and expedite litigation. This article analyses the largely unsuccessful attempts in two jurisdictions - the United States and Australia - to achieve early and efficient issue identification in civil disputes. Procedures that rely on pleadings to provide focus have failed for centuries, from the common (English) origins of these two systems to their divergent modern paths. Case management practices that are developing in the United States and Australia offer greater promise in the continuing quest for early, efficient dispute definition. Based on a historical and contemporary …

Nearshore Alternative: Latin America's Potential In The Offshore Legal Process Outsourcing Marketplace, Kara D. Romagnino

University of Miami Inter-American Law Review

No abstract provided.

Biodefense And Constitutional Constraints, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The United States and United Kingdom have different approaches to quarantine law that reflect each country’s unique historical context and constitutional structure. Under the Tudors, England vested quarantine authority in the monarch, with its subsequent exercise conducted by the military. As the constitutional structure changed, the manner in which quarantine was given effect subtly shifted, leading to constitutional reforms. Authorities transferred first to the Privy Council and, subsequently, to Parliament, where commercial interests successfully lobbied them out of existence. By the end of the 19th Century, quarantine authorities had been pushed down to the local port authorities. In the United …