Law Commons^™

Recalibrating American Grand Strategy: Softening Us Policies Toward Iran In Order To Contain China, Samir Tata

The US Army War College Quarterly: Parameters

No abstract provided.

Edmonson County, Kentucky - Court Records (Sc 797), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Small Collection 797. Edmonson County court records and Quarterly Court papers including school district report giving a list of parents and number of children, 1854-1861 (29); and general and national election returns which are filed as oversize items located in C1-D2, #10, 1858-1874? (11).

Spatial Dynamics Of U.S. Cultural Resource Law, Robert Z. Selden Jr., C. Britt Bousman

CRHR: Archaeology

The American Antiquities Act, Historic Sites Act, Archeological and Historic Preservation Act, National Historic Preservation Act, American Indian Religious Freedom Act, Archeological Resources Protection Act, Abandoned Shipwreck Act, and the Native American Graves Protection and Repatriation Act comprise the basis of our exploration of cultural resource legislation in the United States. Since the passage of the American Antiquities Act in 1906, 1086 cases have challenged these statutes in U.S. courts. We investigate temporal and regional patterns of the case law to establish whether these laws are uniformly prosecuted throughout the U.S. Our findings suggest that case law is complex and …

Can Green Building Law Save The Planet?, Stuart D. Kaplow

University of Baltimore Journal of Land and Development

Buildings have a large impact on the planet and are tremendous consumers of electricity, accounting for projected 74.0% of the total electricity consumption in the United States in 2012. In a broader measure, buildings in the United States account for 41.0% of the nation's overall energy use.

Getches Wilkinson Center Newsletter, Winter/Spring 2013, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

Why Eu Legal History Matters--A Historian's Response, Bill Davies

American University International Law Review

No abstract provided.

The Deciding Factor: The U.S. Supreme Court, Minnesota State University, Mankato

Democracy/Government

Bibliography and photographs of a display of government documents from Minnesota State University, Mankato.

Toward A New History In European Law: New Wine In Old Bottles?, Michelle Egan

American University International Law Review

No abstract provided.

Brief Of Federalism Scholars As Amici Curiae In Support Of Respondent Windsor, Ernest A. Young

Faculty Scholarship

No abstract provided.

Recent Developments In Third-Party Funding, Victoria Sahani

Faculty Scholarship

This article addresses recent developments in third-party funding that occurred during late 2012 and early 2013 in the three leading jurisdictions: Australia, the United Kingdom and the United States. The most important developments are the following. On 22 April 2013, the Australian Securities and Investment Commission (ASIC) issued regulatory guidelines clarifying the status of funders with respect to ASIC’s regulations and detailing how funders should manage conflicts of interest and handle certain provisions of their funding arrangements. In the United Kingdom, the Jackson Reforms took effect on 1 April 2013, bringing sweeping changes to the allowable fee agreements, discovery rules …

Recent Changes In U.S. And U.K. Overseas Anti-Corruption Enforcement Under The Fcpa And The U.K. Bribery Law: Private Equity Compliance, Isaac A. Binkovitz

Michigan Business & Entrepreneurial Law Review

The following discussion provides a preliminary guide for those tasked with steering private equity firms through the shifting obstacle course of overseas anti-corruption compliance. Section I briefly reviews the centrality of overseas anti-corruption enforcement and its role in creating a more hospitable business climate in emerging markets. Section I also examines the American and British enforcement regimes in general before analyzing the most recent changes–specifically, changes as to the scope of liability and expansion of their jurisdiction. This section is designed to help determine whether investments or acquisitions fall within the purview of either enforcement regime. Section II discusses various …

Internal Compliance Officers In Jeopardy?, Deborah A. Demott

Faculty Scholarship

No abstract provided.

Access To Government Information Is A Foundation Of American Democracy—But The Courts Don't Get It, Frederick A. O. Schwarz Jr.

Oklahoma Law Review

No abstract provided.

History As Our Guide?: The Past As An Invisible Source Of Constitutionality In The Legislative Debates On The Alien Act In The United States (1798) And The Émigrés Problem In France (1791), Jelte Olthof

Saint Louis University Law Journal

No abstract provided.

The Collective Origins Of Toxic Air Pollution: Implications For Greenhouse Gas Trading And Toxic Hotspots, David E. Adelman

Indiana Law Journal

This Article presents the first synthesis of geospatial data on toxic air pollution in the United States. Contrary to conventional views, the data show that vehicles and small stationary sources emit a majority of the air toxics nationally. Industrial sources, by contrast, rarely account for more than ten percent of cumulative cancer risks from all outdoor sources of air toxics. This pattern spans multiple spatial scales, ranging from census tracts to the nation as a whole. However, it is most pronounced in metropolitan areas, which have the lowest air quality and are home to eighty percent of the U.S. population. …

Competition And Crisis In Mortgage Securitization, Michael Simkovic

Indiana Law Journal

U.S. policy makers often treat market competition as a panacea. However, in the case of mortgage securitization, policy makers’ faith in competition is misplaced. Competitive mortgage securitization has been tried three times in U.S. history— during the 1880s, the 1920s, and the 2000s—and every time it has collapsed. Most recently, competition between mortgage securitizers led to a race to the bottom on mortgage underwriting standards that ended in the late 2000s financial crisis. This Article provides original evidence that when competition was less intense and securitizers had more buyer power, securitizers acted to monitor mortgage originators and to maintain prudent …

Stateless In The United States: Current Reality And A Future Prediction, Polly J. Price

Faculty Articles

Statelessness exists in the United States-a fact that should be of concern to advocates of strict immigration control as well as those who favor a more welcoming policy. The predominant reasons for statelessness include the presence of individuals who are unable to prove their nationality and the failure of their countries of origin to recognize them as citizens. Migrants with unclear nationality, already a problem for the United States, obstruct efforts to control immigration by the deportation of unauthorized aliens. These existing problems of national identity will increase exponentially if birthright citizenship in the United States is amended to exclude …

League Structure & Stadium Rent Seeking - The Role Of Antitrust Revisited, David Haddock, Tonja Jacobi, Matthew Sag

Faculty Articles

Professional North American sporting teams receive enormous pub for new and renovated stadiums after threatening to depart their hometowns, or by actually moving elsewhere. In contrast, English sporting teams neither receive much public money for such projects, nor move towns. This Article argues that no inherent cultural or political transatlantic variations cause the differences; rather, it is the industrial organization of sports in the two countries-the structure of league control-that enables rent-seeking by American teams but not by their English counterparts. Cross-country time series data contrasting American professional football and baseball stadiums with English soccer grounds support our claim, as …

On “The Lure Of Strike”, Charles J. Dunlap Jr.

Faculty Scholarship

This commentary is in response to the special commentary, “The Lure of Strike” by Conrad Crane published in the Summer 2013 issue of Parameters (vol. 43, no. 2).

Strengthening Financial Reporting: An Essay On Expanding The Auditor’S Opinion Letter, James D. Cox

Faculty Scholarship

Users of financial statements, foremost of which are investors, have a voracious appetite for information that better enables them to assess the financial position and performance of the reporting firm. Even though financial statements purport to address their needs, because the statements, which are prepared by the firm’s managers, conceal a range of managerial estimates, assumptions, judgments, and choices, investors are deprived of the most fundamental kernel of information they seek, namely the overall quality of the financial reports themselves. In this Article, the author sets forth several modest steps that would enhance the overall quality of financial reporting by …

An Examination Of Prostitution And Sex Trafficking Laws Within The United States, Allison J. Capaul

Departmental Honors Projects

As one of the oldest professions, prostitution has had a continual presence in the United States. This once tolerated activity became a public affront at the turn of the twentieth century. Failed attempts at regulation and changes in societal views then advanced the criminalization of prostitution throughout the United States: it was made completely illegal in all states with the exclusion of thirteen counties in Nevada.

At the same time, awareness of sex trafficking increased and laws attempted to protect individuals who were being transported by force, deceit, and threat of force for purposes of sex slavery. While states have …

Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski

Hofstra Labor & Employment Law Journal

U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the …

Don’T ‘Screw Joe The Plummer’: The Sausage-Making Of Financial Reform, Kimberly D. Krawiec

Faculty Scholarship

This Article examines agency-level activity during the preproposal rulemaking phase—a time period about which little is known despite its importance to policy outcomes—through an analysis of federal agency activity in connection with section 619 of the Dodd–Frank Act, popularly known as the Volcker Rule. By capitalizing on transparency efforts specific to Dodd–Frank, I am able to access information on agency contacts whose disclosure is not required by the Administrative Procedure Act and, therefore, not typically available to researchers.

I analyze the roughly 8,000 public comment letters received by the Financial Stability Oversight Council in advance of its study regarding Volcker …

Constraining The Federal Rules Of Civil Procedure Through The Federalism Canons Of Statutory Interpretation, Margaret S. Thomas

Journal Articles

The doctrine for deciding when to apply the Federal Rules of Civil Procedure to state claims heard in federal court has become a quagmire of exceptions and ephemeral distinctions, in large measure due to the persistent difficulty courts have in separating substantive rules from procedural ones in an era where special procedural rules are often used as an essential regulatory tool in state governance. This article examines the power of Federal Rules of Civil Procedure to displace contrary state law in diversity cases by focusing on the limited functional competence of the Supreme Court and its Advisory Committee to displace …

The Long, Lingering Shadow: Slavery, Race, And Law In The American Hemisphere (Introduction), Robert J. Cottrol

GW Law Faculty Publications & Other Works

This essay is the introduction to the recently published book, The Long, Lingering Shadow: Slavery, Race , and Law in the American Hemisphere (University of Georgia Press, 2013). Students of American history know of the law’s critical role in developing a system of racial hierarchy in the United States. The Long, Lingering Shadow shows that this history is best appreciated in a comparative perspective. The volume looks at the parallel legal histories of race relations in the United States, Brazil, and Spanish America. It takes the reader on a journey that begins with the origins of New World slavery in …

International Law For American Courts: Why The “American Laws For American Courts” Movement Is A Violation Of The United States Constitution And Universal Human Rights, Maria Surdokas

University of Baltimore Journal of International Law

In recent years, the “American Laws for American Courts” movement has swept across the country in an attempt to ban international law from U.S. state courts. This article specifically examines the Oklahoma Save Our State Amendment and the Arizona Foreign Decisions Act. In doing so, it addresses both the constitutional and policy problems with these attempts, observing that what the states have been trying to do is neither legal nor practical. It analyzes the inability of individual states to unilaterally avoid compliance with the United States’ international law obligations. It notes the absurdity in outlawing international law in order to …

The Charter's Influence Around The World, Mark Tushnet

Osgoode Hall Law Journal

Over the past several decades, the influence of the United States Constitution and Supreme Court around the world has waned while that of the Canadian Charter and Supreme Court has increased. This article examines several reasons for these changes, including: the relative ages of the constitutions; the US Supreme Court’s recent conservatism; the Canadian Supreme Court’s role in developing the doctrine of proportionality; the US Supreme Court’s interest in originalism; differing structures of constitutional review and judicial supremacy; and the two Courts’ relative openness to transnational influences.

Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh Rathod, Michal Skapski

Scholarly Articles in Law Reviews & Journals

U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the …

The "Upper Basin Voluntary Demand Cap" As A Means Of Mitigating Legal Uncertainty In The Colorado River Basin: Modeling Results, Colorado River Governance Initiative, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Western Water Policy Program

Books, Reports, and Studies

15 p. : ill. ; 29 cm

Cross-Boundary Water Transfers In The Colorado River Basin: A Review Of Efforts And Issues Associated With Marketing Water Across State Lines Or Reservation Boundaries, Colorado River Governance Initiative, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Western Water Policy Program

Books, Reports, and Studies

65 p. : charts ; 29 cm