Law Commons^™

Compensation For Financing A Spouse's Education: The Means Of Economic Justice In Maine, William S. Kany

Maine Law Review

In cases of marriage dissolution courts attempt to promote economic justice by utilizing their equitable powers and interpreting applicable statutes. It is often difficult, however, to achieve a just result in cases in which one spouse supported the other who attended college and/or professional school during the marriage. In the typical case divorce occurs just prior to or after completion of the education, at a time when the couple has accumulated very few marital assets because all of the marital income has gone into living and educational expenses. Because the only significant asset acquired during the marriage is the degree, …

Posteriores Priores: An Unconstitutional Congressional Role In Treaty Termination, Donna D. Mckeage

Maine Law Review

The Supreme Court recently decided a case involving an apparent conflict between a treaty provision and a subsequent act of Congress. A Japanese subsidiary corporation, Sumitomo Shoji America, Inc., claimed a provision of the Treaty of Friendship, Commerce, and Navigation of 1953 between the United States and Japan exempted it from the prohibition against discrimination embodied in title VII of the Civil Rights Act of 1964. The Court did not reach this issue because it found Sumitomo Shoji America, Inc. to be a United States corporation and unable, therefore, to invoke the provisions of the treaty. The issue raised in …

Preventing The Importation And Sale Of Genuine Goods Bearing American-Owned Trademarks: Protecting An American Goodwill, Timothy H. Hiebert

Maine Law Review

A trademark's "primary and proper function," it has been said, "is to identify the origin or ownership of the article to which it is affixed." Thus, if a trademark indicates either the original producer or an exclusive distributor as the source of the goods on which it appears, it will be entitled to protection against infringement. Related to this source identification function are a trademark's quality assurance and advertising functions. Because the public comes to associate trademarked goods with a certain standard of quality, a trademark guarantees that the goods on which it appears will meet public expectations about quality. …

Who Should Recover For Loss Of Consortium?, Martin S. Amick

Maine Law Review

For more than three centuries courts have recognized a husband's right, where a tortious injury to his wife detrimentally affects the spousal relationship, to recover damages for loss of consortium. For many years the prevailing view was that a wife had no corresponding right to bring a similar action in response to a tortious injury to her husband. Most jurisdictions, however, now allow both the husband and the wife to recover for loss of "spousal" consortium. The right to recover for loss of consortium was extended to the wife largely because modern courts recognized that it was inconsistent and unjustifiably …

Common Law Sovereign Immunity And The Maine Tort Claims Act: A Rose By Another Name, R. Michael Martin

Maine Law Review

On October 12, 1976, the Maine Supreme Judicial Court allowed a Bath homeowner to sue the city for damage to her property resulting from the city's negligence. The case was Davies v. City of Bath and its significance was twofold. First, for decades before the Davies decision the Maine Supreme Judicial Court had routinely refused to consider such suits because of the doctrine of sovereign immunity. Fifteen years before Davies the court had expressed dissatisfaction with the doctrine, but until 1976 had repeatedly refused to abrogate it. Second, the Davies decision was significant because the Maine Legislature, under the guiding …

The Obsolescence Of Voluntary Confessions In Maine, John C. Sheldon

Maine Law Review

The would-be assassin lurks in the crowd that gathers outside the campaign headquarters building. In anticipation of the candidate's appearance, the television technicians hoist their videotape cameras and illuminate the scene with floodlights, as the gunman nervously fingers the automatic concealed in the pocket of his field jacket. Moments later, the candidate emerges from the doorway; the assassin rushes into the floodlit view of the cameras, takes aim at the startled politician, and hollers: "I've been planning this for years, and now I'm going to give you what's coming to you." His shots ring out as Secret Service agents converge …

Lessons Learned: Karl-Philipp Wojick, Maryann Haggerty

Journal of Financial Crises

Karl-Philipp Wojcik is the general counsel of the European Union’s Single Resolution Board (SRB), the central resolution authority within the European Commission (EC) banking union. The banking union, which as of January 1, 2023, encompasses the 20 eurozone countries, along with Bulgaria, was established as part of the financial system reforms stemming from the Global Financial Crisis and the ensuing European sovereign debt crisis. The SRB’s stated mission is to ensure orderly resolution of failing banks, protect taxpayers from state bailouts, and promote financial stability. Wojcik became SRB general counsel in November 2020. Previously, he was a member of the …

Lessons Learned: Calvin Mitchell Iii, Mercedes Cardona

Journal of Financial Crises

Calvin Mitchell III served as executive vice president of the communications group within the executive office of the Federal Reserve Bank of New York (FRBNY) during the Global Financial Crisis. In 2008, Mitchell was tapped by Timothy Geithner, who was then FRBNY president, to head a new group charged with expanding the communications and community affairs functions. Mitchell left the FRBNY in 2009 for the private sector and returned to government in 2021 as assistant secretary for public affairs in the US Treasury Department.

Lessons Learned: Subba Rao Duvvuri, Salil Gupta

Journal of Financial Crises

Subba Rao Duvvuri served as governor of the Reserve Bank of India (RBI) for five years (2008–13). Before that, he was finance secretary to the government of India (2007–08), and secretary to the prime minister’s Economic Advisory Council (2005–07). With a career spanning 35 years in the Indian Administrative Services, Duvvuri has held various positions at the state level in the government of Andhra Pradesh, and at the central government of India. Duvvuri was previously lead economist at the World Bank (1999–2004) and, after 2013, served as a visiting fellow at the National University of Singapore and the University of …

Lessons Learned: Jason Cave, Vincient Arnold, Greg Feldberg

Journal of Financial Crises

Jason Cave was the senior adviser to the chairman of the Federal Deposit Insurance Corporation (FDIC) from 2008 to 2011 and the deputy director of the Division of Complex Financial Institutions at the FDIC from 2011 to 2013. This Lessons Learned summary is based on an interview with Cave held on April 8, 2024. During the interview, Cave discussed the so-called ring-fencing arrangements planned, considered, or executed between various agencies of the US government—the Federal Reserve, Department of the Treasury, and FDIC—and three banks: Wachovia, Citigroup, and Bank of America. These arrangements, sometimes referred to as wraps or risk shields, …

International Monetary Fund: Special Drawing Rights Allocations, 2009, Ikbal S. Ahluwalia, Owen Heaphy, Rosalind Z. Wiggins

Journal of Financial Crises

Despite efforts by the world’s major economies to address stresses in the global financial system, by early 2009, the Global Financial Crisis caused developing and lower-income countries to experience shortages of the major reserve currencies. In August 2009, the International Monetary Fund (IMF) distributed a general allocation of Special Drawing Rights (SDR) of unprecedented size—totaling USD 250 billion (SDR 161.3 billion)—to all member countries in an effort to address these issues and provide liquidity to the world’s economies. In September 2009, it also distributed a special “catch-up” allocation of USD 33 billion in SDRs (SDR 21.5 billion) to eligible members …

International Monetary Fund: Short-Term Liquidity Line, 2020, Carey K. Mott, Léo Brougher

Journal of Financial Crises

As the COVID-19 pandemic spread in March 2020, global financial conditions tightened considerably. In response, global reserve currency-issuing countries extended bilateral swap lines to select countries. Strong demand for US dollar liquidity among emerging markets led the International Monetary Fund (IMF) to introduce the Short-Term Liquidity Line (SLL) on April 15, 2020. The SLL functioned as a swap lending facility. Unlike other IMF liquidity tools, the SLL was a revolving credit line that allowed countries to repeatedly draw funds and make repayments, with each repayment restoring access up to the approved limit across SLL arrangements. Its purpose was to enable …

The 2023 Banking Turmoil: Lessons For Eu Resolution Authorities, Niccolò Cirillo, Francesco Pennesi, Sebastiano Laviola

Journal of Financial Crises

The March 2023 banking turmoil in the United States and Switzerland marked the most significant banking stress in financial markets since the 2007–2009 Global Financial Crisis, prompting a reevaluation of prudential and resolution frameworks. This paper explores whether the 2023 events offer preliminary lessons for resolution authorities within the European Union (EU).

Policymakers often struggle to restore confidence in financial systems and contain the repercussions of financial instability. While the 2023 crises in the US and Switzerland underscored this difficulty, authorities largely managed to mitigate the most severe consequences. Nonetheless, some issues in bank crisis management were identified. This paper …

International Monetary Fund: Foreign Exchange Liquidity Through The Special Drawing Rights Allocation, 2021, Vincient Arnold

Journal of Financial Crises

The official response to the COVID-19 pandemic was costly for governments, particularly those in developing economies with significant existing external debt. On August 2, 2021, the International Monetary Fund (IMF) announced in a press release the allocation of SDR 456 billion (USD 650 billion) in Special Drawing Rights (SDRs) to “address the long-term global need for reserves, build confidence, and foster the resilience and stability of the global economy.” The COVID-19 allocation was a form of unconditional (or “concessional”) liquidity to IMF member nations, similar to a capital injection or grant. It was the fourth-ever general allocation and the largest …

Corner Post V. Board Of Governors Of Federal Reserve System, Alexis Karbowicz

Public Land & Resources Law Review

Corner Post v. Board of Governors of the Federal Reserve System resolved a circuit split on when claims against the federal government “accrue” under 28 U.S.C.A. § 2401(a). The Supreme Court clarified whether plaintiffs must file challenges within six years of a regulation’s enactment or may wait until they are directly affected by an agency action, even if that occurs years later. Examining the case’s factual and procedural background provides insight into the relevant regulatory context. The Court’s analysis offers a detailed interpretation of statutory language and establishes principles of claim accrual, alongside the policy considerations of regulatory finality and …

The Biopiracy Of Traditional Knowledge In United States Patent Law, Hannah Green

Public Land & Resources Law Review

The United States intellectual property (“IP”) system is deeply intertwined with our country’s history and constitution. t is foundational in favoring young American inventors. George Washington signed the first patent act in 1790 in hopes of promoting the innovation and progress of science and useful arts. Yet, our patent system was also built around the Western tradition of individualism and competition, which failed to recognize the communal nature and traditional knowledge of tribal communities. This disparity allows the biopiracy of traditional knowledge to be lawful. This comment will explore the harmful toll that United States patent law has taken on …

Towards A Global Civil Liability Regime For Nuclear Damage: Potential Selected Consequences Of Poland’S Accession To The Convention On Supplementary Compensation For Nuclear Damage (Csc), Patrycja Nowakowska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The purpose of this paper is to present the development steps of the international regime of civil liability for nuclear damage, by recalling the most important stages of this process, and considering the reasons for the changes that led the international community to adopt specific legal acts in this area. The central point of the analysis is to show the moment of the conclusion of the Convention on Supplementary Compensation for Nuclear Damage (CSC) in 1997. The article imparts the most important assumptions of the CSC Convention, leading to the analysis of the potential consequences of Poland’s accession to this …

Strategic Esg Challenge For The Power Industry, Dariusz Michalski, Karol Borkowski, Daniel Borkowski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The purpose of the article is to identify necessary changes in the business strategy of power companies, responding to the challenges of sustainable development. This topic is extremely important for filling the existing gap in research and in the literature in management science. It is also of great relevance for the practical aspects of the operation of power companies in today’s context, where they face increasing pressure to integrate environmental, social and governance (ESG, Environment, Social, Govermance) issues into their business strategy. Hence, the article aims to present the challenges and opportunities associated with integrating sustainability into the strategies of …

Entire Issue Vol. 13 No. 3

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Vol. 13(3)

Title Vii & The First Amendment: Perpetuating The Lack Of Asian American Representation In The Entertainment Industry, Mandri Randeniya

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Publicity Rights And Copyright Law: Conjoined Authorship As A Red Herring, Mira Moldawer

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

New, Derivative: Third-Party Litigation Finance And Derivatives Regulation, Martin Flores

Washington and Lee Law Review Online

Litigation finance is globally abundant and largely unregulated in the United States. The mechanics behind third-party litigation finance are simple: The funder fronts litigation costs in exchange for a promised share of the proceeds if the litigant succeeds. While the normative debate about the value of these contracts in society endures, the litigation finance industry has new players in hedge funds and other opaque investment firms seeking high returns from risky litigation. Many scholars agree on whether to regulate these third-party litigation finance firms. The key debate rages on how to rein in an unbridled industry.

To add to this …

Stitch Incoming: Lindke V. Freed’S Impact On Social-Media-Blocking Litigation, Clare R. Norins, Mark L. Bailey

Washington and Lee Law Review Online

Since at least 2016, social-media-blocking litigation against government officials who censor their online critics has been an evolving battleground for First Amendment rights of free speech and petition. In 2024, the United States Supreme Court issued its first substantive opinion on social media blocking, holding that government officials’ social media activity, even on a personal account, constitutes state action triggering constitutional scrutiny if (1) the official possessed actual authority to speak on the State’s behalf, and (2) purported to exercise that authority when she spoke on social media.

In this Article, we explain the Court’s novel two-part test for determining …

Examining State Statutory Selection Methods, Term Limits, And Required Qualifications For Appellate Judges As A Model For Reform, Angelo Brown, Wesley Mccann, Ruibin Lu, Brenda I. Rowe, Craig Hemmens

Journal of Criminal Justice and Law

Several reform proposals have been pushed forward for the federal judiciary- namely the United States Supreme Court- in recent years, including term limits, changes in judicial selection, and qualification criteria. Such changes could ostensibly apply to all federal appellate judges as well. The purpose of this study is to determine if states can provide a roadmap for Supreme Court reform discussions. This study utilizes a state-level legal content analysis of all statutes pertaining to judicial selection and qualification criteria for appellate-level judges. Specifically, selection mechanisms, age limits, term limits, and qualifications for selection are examined. Whether state statutory schemes can …

An Exploratory Study Of Academic Self-Efficacy In High School Education Completion Among A Group Of Former Juvenile Offenders, Deneil D. Christian, Joshua L. Adams

Journal of Criminal Justice and Law

A primary goal of the United States (U.S.) juvenile criminal justice system is to foster an environment where a juvenile offender can complete a high school education or equivalent. Extant literature has explored persistence in obtaining a high school credential. However, little is known about the role of self-efficacy in such attainment, and research is further scant that involves the geographic region of Pennsylvania, U.S. This study aimed to explore how former juvenile offenders perceived their academic self-efficacy while pursuing their education in a juvenile correctional facility in Pennsylvania. This study was guided by the following research question: How do …

Probate Standing, David Horton

Michigan Law Review

Few topics in civil justice have sparked as much criticism as the standing doctrine. The U.S. Constitution and some of its state counterparts require plaintiffs to allege that they suffered an “injury-in-fact” that the defendant caused and that a court can redress. A veritable ocean of commentary argues that this requirement [is confusing, ahistorical, and unmoored from its objectives.

Yet a different manifestation of the standing doctrine has long lurked in obscurity. Standing issues are also common in state probate courts, where the transmission of assets from the dead to the living can affect a variety of parties. But in …

Old, Not Odd: Running Laches Against The States And The Future Of Antitrust After New York V. Meta Platforms, Frank Schulze

Michigan Law Review

In New York v. Meta Platforms, Inc., the United States Court of Appeals for the D.C. Circuit applied equitable laches to an antitrust lawsuit brought by forty-six state attorneys general, holding that they had not brought their claims in their role as law enforcers. Meta Platforms is the latest in a line of cases that has characterized antitrust actions by state attorneys general as non-public and non-governmental. But this characterization is in tension with the historical role of state attorneys general in enforcing the antitrust laws and undermines the original design of the federal antitrust statutes as supplements to …

Report On The 5th All-Poland Scientific Conference Entitled "Sustainable Energy System For Stopping The Climate Crisis", Wrocław, November 23, 2023, Paulina Pietkun

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Conference report – Wrocław, November 23, 2023

The Disparities Between Energy Communities And Traditional Participants In The Energy Market, Jakub M. Kmieć, Mirosław P. Pawełczyk

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The paper aims to identify the disparities between Energy Communities and traditional energy market participants operating within EU Member States. The issues analysed belong to the field of legal and economic sciences. The research was conducted using formal-legal and theoretical-legal methods. The identified disparities were divided into: first, differences of a programmatic nature (including the origins of the formation and development of the compared entities, the degree of state interference and the scope of impact of sector-specific regulation on the business activities of these entities); second, differences of a structural nature (different dominant form of operation, capital structure, scope of …

Energy Sharing In The Light Of Eu Law And Energy Justice, Bartłomiej Kupiec

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Artykuł analizuje koncepcję współdzielenia energii, a jego celem jest zbadanie, w jaki sposób prawo Unii Europejskiej podchodzi do koncepcji współdzielenia energii i jej wpływu na osiągnięcie sprawiedliwości energetycznej wśród uczestników rynku energii. W artykule podjęto próbę odpowiedzi na pytanie, czy i w jaki sposób współdzielenie energii może przyczynić się do realizacji udziału obywateli w rynku energii w Unii Europejskiej. Struktura artykułu rozpoczyna się od rozważań na temat istoty współdzielenia energii i sprawiedliwości energetycznej. Autor zbadał interakcje pomiędzy współdzieleniem energii a sprawiedliwością energetyczną, analizując w jaki sposób praktyki współdzielenia energii, przewidziane w prawie UE, mogą wpływać na realizację sprawiedliwości energetycznej.