Law Commons^™

The Future Of God—And Secularism, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”

Climate Change, Scale, And Devaluation: The Challenge Of Our Built Environment, Nathan F. Sayre

Washington and Lee Journal of Energy, Climate, and the Environment

Climate debate and policy proposals in the United States have yet to grasp the gravity and magnitude of the challenges posed by global warming. This paper develops three arguments to redress this situation. First, the spatial and temporal scale of the processes linking greenhouse gas (GHG) emissions to climate change is unprecedented in human experience, challenging our abilities to comprehend, let alone act. An adequate understanding of the scale of global warming leads to an unequivocal starting point for all discussions: we must leave as much fossil fuel in the ground as possible, for as long as possible. Second, a …

Climbing Mount Mitigation: A Proposal For Legislative Suspension Of Climate Change "Mitigation Litigation", J. B. Ruhl

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Greening The Economy Sustainably, David L. Markell

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

The Future Of God—And Secularism, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Evolving Regulation Of Corporate Governance And The Implications For D&O Liability: The United States And Australia, Joan T.A. Gabel, Nancy R. Mansfield, Paul Von Nessen, Austin W. Hall, Andrew Jones

San Diego International Law Journal

This Article compares the modern corporate regulatory environments in the United States and Australia, including an analysis of the climate for Directors & Officers (D & O) liability coverage. Comparing these regulations across two large markets with similar historical bases for assessing director and officer liability allows us to explore which reforms may be more effective as new scandals emerge.

A Sense Of Duty: The Illusory Criminal Jurisdiction Of The U.S./Iraq Status Of Forces Agreement, Chris Jenks

San Diego International Law Journal

This Article will examine the Iraq SOFA’s use of duty status as a basis for determining which State has primary jurisdiction over U.S. service members for alleged criminal misconduct in Iraq. In the third section, the Article will briefly explain what a SOFA is, and how and why they are used, focusing on the North Atlantic Treaty Organization (NATO) SOFA. This section will also utilize examples of U.S. service member misconduct, both associated with and detached from official duty, to illustrate the application of an acts-based SOFA jurisdiction article. The fourth section turns to the Iraq SOFA’s status-based jurisdiction article, …

Partitioning Paternity: The German Approach To A Disjuncture Between Genetic And Legal Paternity With Implications For American Courts, Shelly Ann Kamei

San Diego International Law Journal

This paper will address the strengths and weaknesses of the German approach as well as the potential use of this approach by American states, with particular emphasis given to the conflict between the right to know one’s origins and a child’s right to care and support. Part II discusses the challenge of defining legal paternity in an age of genetic certainty. It will first give a brief explanation of how courts have used functional–social and genetic considerations in defining legal paternity. It will then evaluate the legal implications of this approach on the rights of the father, mother, and child. …

Carbon Down Under - Lessons From Australia: Two Recommendations For Clarifying Subsurface Property Rights To Facilitate Onshore Geologic Carbon Sequestration In The United States, Tracy J. Logan

San Diego International Law Journal

This Comment’s analysis requires a few necessary assumptions. First, the feasibility of large-scale deployment of geologic CCS technology for the purposes of permanently storing CO2 is assumed. Second, the establishment of a regulatory framework with incentives to mitigate or offset GHGs is assumed. Third, the carbon-capture technology retrofitting of point-source emitters is assumed. And finally, the existence of infrastructure to transport supercritical CO2 to a storage site is assumed. This Comment contains five parts: Part I provides an introduction and overview to contextualize the need for CCS; Part II details the technology of GS; Part III is an overview of …

John Yoo And Jay Bybee Dodge Disciplinary Action But Recall Nuremberg, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Agenda: Us-Mexico Negotiations On Improved Colorado River Management: An Update, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program, Colorado Water Conservation Board

US-Mexico Negotiations on Improved Colorado River Management: An Update (February 19)

The United States and Mexico are currently negotiating an international accord on a variety of Colorado River water matters, including the prospects for new water projects, conservation efforts, and operational improvements. Participants are invited to hear an update on these efforts from individuals directly involved in the negotiations, including Mario López Pérez, Engineering and Technical Standards Manager in the National Water Commission of México, who is responsible for binational water issues with the USA, Guatemala and Belize.

Slides: Impacts Of Oil Shale On Carbon Emissions, Jeremy Boak

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Dr. Jeremy Boak, Center for Oil Shale Technology & Research, Colorado School of Mines

43 slides

Seeking Common Ground: A Secular Statement, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The New New Secularism And The End Of The Law Of The Separation Of Church And State, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Utilitarian Information Works - Is Originality The Proper Lens?, Dana Beldiman

Marquette Intellectual Property Law Review

As the information society advances, vastly increased numbers of utilitarian information works (UIW) are being produced. In general, these works are deemed protected by copyright law, even though the philosophical underpinnings of copyright law clash with the attributes of UIW. This Article examines the cause for the uneasy relationship between UIW and the concept of originality. Part I discusses the role of information and UIW as one of the core wealth-producing assets of the knowledge-based economy. This economy is characterized by a rapid pace of innovation, which in turn, requires unrestricted access to information. Part II examines copyright law as …

Emerging Scholars Series: A Re-Examination Of The Original Foundations Of Anglo-American Trademark Law, Cesar Ramirez-Montes

Marquette Intellectual Property Law Review

Contemporary accounts of the normative basis of Anglo-American trademark law frequently describe the purpose of the legal doctrine as having developed to protect primarily the consumers from being misled. Recently, some commentators have offered a different account of the law, as having developed to protect mainly the interests of the traders in not having their trade diverted. Under this account, early trademark law served one master only, the producer, with any additional benefit or protection to consumers being unintended. In this Article, the Author challenges both accounts and suggest that early trademark law was not driven by any judicial desire …

American Airpower In The 21st Century: Reconciling Strategic Imperatives With Economic Realities, Charles J. Dunlap Jr.

Faculty Scholarship

“Vexing” is certainly the right word to describe the state of resource allocation in the national security community. Despite still sizable defense budgets, serious economic constraints combine with a wide range of complicated threats to create extremely difficult choices for policy makers. To help them work through the decision-making process, Congress mandates Quadrennial Defense Reviews (QDRs). QDRs “are intended to guide the services in making resource allocation decisions when developing future budgets.” The 2010 QDR rightly insists that “America’s interests and role in the world require armed forces with unmatched capabilities.”6 Recent resource decisions, however, do not provide much comfort …

The Special Measures Mandate Of The International Convention On The Elimination Of All Forms Of Racial Discrimination: Lessons From The United States And South Africa, Connie De La Vega

ILSA Journal of International & Comparative Law

The International Convention on the Elimination of all Forms of Racial Discrimination' (CERD) is the United Nations main treaty

The U.S. And German Interpretations Of The Vienna Convention On Consular Relations: Is Any Constitutional Court Really Cosmopolitan?, Peter A. Heinlein

Maryland Journal of International Law

No abstract provided.

Four Challenges To Financial Regulatory Reform, Eric J. Pan

Villanova Law Review (1956 - )

The article discusses the challenges that should be addressed in a successful financial regulatory reform. These challenges include the structuring of regulatory systems, separation of prudential supervision and consumer protection regulation, the entity responsible for monitoring and managing systemic risk, and the supervision of cross-border financial services and transactions. The reform proposals considered by Great Britain, the U.S., and European Union are analyzed.

A Comparison Of The Handling Of The Financial Crisis In The United States, The United Kingdom, And Australia, Elizabeth F. Brown

Villanova Law Review (1956 - )

The article discusses how the U.S., Great Britain and Australia handled the financial crisis, as of July 2010. It analyzes the reasons why Australia was less affected by the crisis than the U.S. and Great Britain. The author suggests that the U.S. would perform well to adopt a Twin Peaks Model which creates two agencies that regulate a broad range of financial entities but focus on narrow goals.

Curtis Fogel On Dying Inside: The Hiv/Aids Ward At Limestone Prison. By Benjamin Fleury-Steiner & Carla Crowder. Ann Arbor, Mi: University Of Michigan Press, 2008. 238pp., Curtis Fogel

Human Rights & Human Welfare

A review of:

Dying Inside: The HIV/AIDS Ward at Limestone Prison. By Benjamin Fleury-Steiner & Carla Crowder. Ann Arbor, MI: University of Michigan Press, 2008. 238pp.

Where Forum Non Conveniens And Preemptive Jurisdiction Collide: An Analytical Look At Latin American Preemptive Jurisdiction Laws In The United States, Jennifer L. Woulfe

Saint Louis University Public Law Review

No abstract provided.

Of Labor Inspectors And Judges: Chilean Labor Law Enforcement After Pinochet (And What The United States Can Do To Help), César F. Rosado Marzán

Saint Louis University Law Journal

No abstract provided.

Network Neutrality Between False Positives And False Negatives: Introducing A European Approach To American Broadband Markets, Jasper P. Sluijs

Federal Communications Law Journal

Network neutrality has become a contentious issue both in Europe and the United States. Regulators on both sides of the Atlantic face digital divides in their society, and are confronted with potentially conflicting policy goals-to incentivize private investment in next-generation broadband while maintaining "neutral" and competitive broadband networks.

This Article compares nascent American and European network neutrality policy in terms of regulatory error costs. Emerging markets, such as broadband, are more likely to be affected by regulatory errors, and these errors have graver consequences in emerging markets than in regular markets. U.S. telecommunications policy traditionally has advanced a trial-and-error approach …

Universal Service In The United States: A Focus On Mobile Communications, Steven G. Parsons, James Bixby

Federal Communications Law Journal

The concept of universal service, providing affordable telecommunications to all citizens, has a long and changing history in the United States. Prior to the Telecommunications Act of 1996, efforts to achieve universal service were largely based on a complex web of implicit subsidies to basic landline local exchange residential service. The Act expanded and codified the concept of universal service and made the subsidies largely explicit. This Article evaluates the possible economic rationales for subsidizing voice communications and find them lacking. This Article argues that the weak rationale for subsidizing basic voice communications makes it critical that U.S. universal-service policy …

Foreign Sovereign Immunity And Domestic Officer Suits, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

Under international law, official-capacity suits brought against a foreign state’s officers are treated as suits against the state itself and thus as subject to the state’s immunity, even in suits alleging human rights abuses. This immunity regime differs from the immunity regime that applies in the United States in suits brought against state and federal officials for violations of federal law. Despite the federal government’s sovereign immunity and the immunity of state governments under Eleventh Amendment jurisprudence, courts often allow suits against federal and state officers for their official actions. This essay attempts to explain why the immunity rules differ …

Mapping The American Shareholder Litigation Experience: A Survey Of Empirical Studies Of The Enforcement Of The U.S. Securities Law, James D. Cox, Randall S. Thomas

Faculty Scholarship

In this paper, we provide an overview of the most significant empirical research that has been conducted in recent years on the public and private enforcement of the federal securities laws. The existing studies of the U.S. enforcement system provide a rich tapestry for assessing the value of enforcement, both private and public, as well as market penalties for fraudulent financial reporting practices. The relevance of the U.S. experience is made broader by the introduction through the PSLRA in late 1995 of new procedures for the conduct of private suits and the numerous efforts to evaluate the effects of those …

The Private Antitrust Remedy: Lessons From The American Experience, Edward D. Cavanagh

Faculty Publications

(Excerpt)

The treble damage remedy has been a centerpiece of private antitrust enforcement since the enactment of the Sherman Act in 1890. Aware that government resources were limited, Congress created the private right of action as a complement to public enforcement to assure the detection and prosecution of antitrust offenders. The private right of action has proven to be a very potent weapon in the civil enforcement arsenal. It is the very potency of the private remedy, however, that has made the private right of action a target of criticism by defendants and, more recently, the courts. Indeed, in the …

The Law And Politics Of Us Participation In The Un Convention On The Rights Of Persons With Disabilities, Professor Michael Stein, Janet E. Lord, Penelope J.S. Stein

Articles

No abstract provided.