Law Commons^™

Guatemala Needs Profound Change, Lauren Carasik

Media Presence

No abstract provided.

No Country For Some Men?: Statelessness In The United States And Lessons From The European Union, Lia G. Melikian

Georgia Journal of International & Comparative Law

No abstract provided.

Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer

Georgia Journal of International & Comparative Law

No abstract provided.

Obama’S Failure Of Leadership On Gitmo, Lauren Carasik

Media Presence

No abstract provided.

Obama Fights To Continue Detention Of Migrant Families, Lauren Carasik

Media Presence

No abstract provided.

Crow Tribe Of Indians – Montana Compact, Ariel E. Overstreet-Adkins

Public Land & Resources Law Review

This order from the Montana Water Court approved the Crow Water Compact over objections by non-tribal water users in Montana. Although the Objectors have appealed the decision to the Montana Supreme Court, this order represents the next-to-last step in a process, started in 1979, to define and quantify the reserved water rights for current and future uses of the Crow Nation in Montana. The order provides a clear roadmap for other Montana tribes still seeking to achieve approval of a water compact by the Montana Water Court, and for objectors who would attempt to invalidate a compact in future proceedings.

The Right To An Exclusively Religious Education--The Ultra-Orthodox Community In Israel In Comparative Perspective, Gila Stopler

Georgia Journal of International & Comparative Law

No abstract provided.

Zivotofsky Ii's Two Visions For Foreign Relations Law, Harlan G. Cohen

Scholarly Works

The five opinions in Zivotofsky v. Kerry – four by the Supreme Court’s Republican-nominated Justices – exposed fault-lines over foreign relations law that have remained hidden in many of the Court’s other cases. This short essay, part of an AJIL Unbound Agora on the case, explores the most notable of these fissures – that between Justice Kennedy, who wrote the majority opinion, and Chief Justice Roberts, who dissented. Their disagreement in this case highlights the two Justices’ very different visions of U.S. foreign relations law and reveals the dynamic that has defined the direction of the Court over the last …

Close The Revolving Door Between Washington And Wall Street, Lauren Carasik

Media Presence

No abstract provided.

Balancing Disclosure And Privacy Interests In Campaign Finance, Sarah Harding

Loyola of Los Angeles Law Review

The law of campaign finance pits two important First Amendment interests against each other: disclosure and privacy. The Supreme Court has recognized the need to balance these two interests to allow for effective elections and to safeguard individual rights. However, through the years the Court has failed to balance these interests equally, resulting in vacillating decisions that unfairly sacrifice one for the other. From Burroughs v. United States in 1934 to Citizens United v. FEC in 2010, the Court has failed to provide a workable roadmap for legislatures in the creation of campaign finance disclosure laws and for lower courts …

Why Opposing Hyper-Incarceration Should Be Central To The Work Of The Anti-Domestic Violence Movement, Donna Coker, Ahjané D. Macquoid

University of Miami Race & Social Justice Law Review

No abstract provided.

Post 9/11 Veterans: Welcoming Them Home As Colleagues And Clients, Patricia E. Roberts

Faculty Publications

No abstract provided.

Equal Justice Remains Elusive For The Poor, Lauren Carasik

Media Presence

No abstract provided.

A Tale Of Two Countries' Engagement With The Fair Cross Section Right: Aboriginal Underrepresentation On Ontario Juries And The Boston Marathon Bomber's Jury Wheel Challenge, Marie Comiskey

Chicago-Kent Law Review

In both Canada and the United States, the constitutional right to a jury trial includes the right to select a jury from a representative cross-section of the jury-eligible population. This article compares and contrasts how this right has been interpreted in the two countries through the lens of recent controversies. In Part I, the article examines how the Supreme Court of Canada and the United States Supreme Court have defined the representative cross-section component of the right to a jury trial in the two respective countries. In Part II, the article focuses on the crisis of Aboriginal underrepresentation on coroner …

Preventing Juror Misconduct In A Digital World, Thaddeus Hoffmeister

Chicago-Kent Law Review

This article examines the reform efforts employed by common law countries to address internet-related juror misconduct, which generally arises when jurors use technology to improperly research or discuss a case. The three specific areas of reform are (1) punishment, (2) oversight, and (3) education. The first measure can take various forms ranging from fines to public embarrassment to incarceration. The common theme with all punishments is that once imposed, they make citizens less inclined to want to serve as jurors. Therefore, penalties should be a last resort in preventing juror misconduct.

The second reform measure is oversight, which occurs in …

Slides: The (Largely) Untold Success Story Of Urban Water Conservation, Peter Mayer

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Peter Mayer, P.E., Water Demand Management

20 slides

Revelations On Fbi Spy Fleet Cloud Surveillance Reform, Lauren Carasik

Media Presence

No abstract provided.

Security Assistance In Africa: The Case For More, Kristen A. Harkness

The US Army War College Quarterly: Parameters

No abstract provided.

Foreword, Congressman Lee Zeldin

Touro Law Review

No abstract provided.

Pepperdine University School Of Law Legal Summaries, Nicole Banister

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Choice Of Law Clause In Contracts Between Parties Of Developing And Developed Nations, Alice M. Vickers

Georgia Journal of International & Comparative Law

No abstract provided.

The Traditional View Of Public Policy And Ordre Public In Private International Law, Kent Murphy

Georgia Journal of International & Comparative Law

No abstract provided.

The Export Administration Act's Technical Data Regulations: Do They Violate The First Amendment?, Kenneth Kalivoda

Georgia Journal of International & Comparative Law

No abstract provided.

Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa

Georgia Journal of International & Comparative Law

No abstract provided.

Same-Sex Couples - Comparative Insights On Marriage And Cohabitation, Macarena Sáez

Books

This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when …

Should The United States Move Towards Portugal's Decriminalization Of Drugs?, Lauren Gallagher

University of Miami International and Comparative Law Review

No abstract provided.

The X Patents: Patents Issued Under The Patent Acts Of 1790 & 1793, Robert Berry

Librarian Publications

The earliest United States patents— sometimes called “name and date patents” because they were not numbered—are distinctive in many respects. Patent specifications were not required to include claims until the Patent Act of 1870. Moreover, while the 1790 Act required a substantive examination by a Patent Board, that requirement ended with the 1793 Act, when it was deemed too burdensome. Thereafter the evaluation of the sufficiency of patent specifications was left to the courts.

What's Worse, Nuclear Waste Or The United States' Failed Policy For Its Disposal?, Christopher M. Keegan

University of Richmond Law Review

No abstract provided.

Supreme Court Argument On Same-Sex Marriage Clouds Predictions, Lauren Carasik

Media Presence

No abstract provided.

The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz

Georgia Journal of International & Comparative Law

No abstract provided.