Law Commons^™

August 28, 2011: God As “A Symbolic Term”, Bruce Ledewitz

Hallowed Secularism

Blog post, “God as “a symbolic term”“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 26, 2011: Rethinking Secularism Or Enjoying It?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Rethinking Secularism or Enjoying It?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Post Racialism?, André Douglas Pond Cummings

Law Faculty Scholarship

The 2008 election of President Barack Obama represents a halcyon moment in U.S. history. President Obama’s election begs a critical question: whether his nationwide landslide victory catapulted the United States, with its sordid racial past, into a truly post-racial place as many claim. While Obama’s election was possible due to important changes that have taken place in the United States in the past fifty years, the reality is that profound disparities continue to exist between minority and white Americans that show no sign of dissipating during this Obama presidency. Of these profound disparities, some of the most striking include those …

No More 'Sha Still', Kenneth Lasson

All Faculty Scholarship

This op-ed laments the consequences of staying quiet in light of recent national and international events. It takes President Obama to task for blaming Israel for lack of progress in Middle East peace negotiations, as well as Congress for its ineptitude during the recent national debt ceiling negotiations.

Technology Solves Mtic - Vln, Rtvat, D-Vat Certification, Richard Thompson Ainsworth

Faculty Scholarship

Technology solves missing trader intra-community (MTIC) fraud. This should come as no surprise. MTIC is technology-intensive fraud – its solution should also be technology-intensive.

MTIC is getting to be an out-dated term. Now that missing trader fraud has move into services it is no longer confined to intra-community trade, and the older acronym should be adjusted to MTIC/MTEC fraud (with MTEC standing for missing trader extra-community).

MTIC/MTEC fraud is fully digitized (the supply, the movement of the supply, and the funding). The consequences should be clear. MTIC/MTEC must be prevented (before the fact), not pursued (after the fact). In the …

August 25, 2011: Duquesne University Law School To Probe The Future Of The Establishment Clause, Bruce Ledewitz

Hallowed Secularism

Blog post, “Duquesne University Law School to Probe The Future of the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Trips Enforcement Dispute, Peter K. Yu

Faculty Scholarship

2010 marks the fifteenth anniversary of the entering into force of the WTO TRIPS Agreement. When the Agreement was adopted, commentators quickly extolled the unprecedented benefits of having a set of multilateral enforcement norms built into the international intellectual property regime. Although intellectual property rights holders continue to rely on protection offered by the TRIPS Agreement, many of them have now become frustrated with the inadequacy of such protection. The agreement’s enforcement provisions, in particular, have been criticized as weak, primitive, and obsolete.

After more than a decade of implementation, these provisions finally became the subject of a dispute before …

Attorney's Negligence: The Belated Appeal

Valparaiso University Law Review

No abstract provided.

Ndls Update 08/23/2011, Notre Dame Law School

NDLS Update

No abstract provided.

Is Congress Politicizing The Irs And Its Enforcement Process?, Donald B. Tobin

Faculty Scholarship

No abstract provided.

August 20, 2011: Ronald Dworkin Fails To Learn His Lesson, Bruce Ledewitz

Hallowed Secularism

Blog post, “Ronald Dworkin Fails to Learn His Lesson“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Kinder V. Geithner - Commonwealth Of Massachusetts Amicus Brief, Martha Coakley

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Kinder V. Geithner - Law Professors Amicus Brief, Barry Friedman, Matthew Adler

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Kinder V. Geithner - Seiu And Change To Win Amicus Brief, Service Employees International Union, Change To Win

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Kinder V. Geithner - Economic Scholars Amicus Brief, David Cutler

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Kinder V. Geithner - States' Amicus Brief, Kamala D. Harris

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Kinder V. Geithner - American Association Of People With Disabilities Amicus Brief, American Association Of People With Disabilities

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Kinder V. Geithner - Constitutional Law Professors Amicus Brief, Jack M. Balkin, Gillian E. Metzger, Trevor W. Morrison

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Kinder V. Geithner - American Nurses Association Amicus Brief, American Nurses Association

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Kurns V. Railroad Friction Products Corp.: Brief Of Public Law Scholars As Amici Curiae In Support Of Petitioners, Nina A. Mendelson

Appellate Briefs

Amici are scholars and teachers in various fields of public law that bear on federal preemption of state law.

Amici have each written extensively on questions involving the preemption of state law by federal statutes and regulations. We submit this brief as an opportunity to bring our scholarship to bear on questions of public importance facing the Court

Question Presented: Whether the Locomotive Inspection Act preempts the field of state common-law claims against manufacturers of locomotives and locomotive parts by workers injured in railroad maintenance facilities.

European Union Accession To The European Convention On Human Rights: An Institutional “Marriage”, Konstantinos G. Margaritis

Human Rights & Human Welfare

A possible accession of European Union (hereinafter: EU/the Union) to the European Convention on Human Rights (ECHR/the Convention) has been discussed in legal society for more than thirty years. The topic had widely opened after the 1979 Commission Memorandum where the major pros and cons were underlined and practical problems were addressed. This discussion led to an official request to the European Court of Justice (ECJ/the Court) in relation to the legality of such accession; the outcome was included in opinion 2/94 that found such accession incompatible with the European Community (EC/the Community) Treaty.

© Konstantinos G. Margaritis. All rights …

Resources For Legal Drafting, Clare Gaynor Willis

Presentations

Class lecture in formbooks.

August 17, 2011: Check Out James Wood On The Joy Of Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Check Out James Wood on The Joy of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share, Michelle Madden Dempsey

Working Paper Series

Amongst the many valuable contributions that Professor Antony Duff has made to criminal law theory is his account of what it means for a wrong to be public in character. In this chapter, I sketch an alternative way of thinking about criminalization, one which attempts to remain true to the important insights that illuminate Duff’s account, while providing (it is hoped) a more satisfying explanation of cases involving victims who reject the criminal law’s intervention.

Ndls Update 08/16/2011, Notre Dame Law School

NDLS Update

No abstract provided.

Presentation On Early Childhood Programs And Economic Development To American Chamber Of Commerce Executives Convention, Timothy J. Bartik

Presentations

No abstract provided.

A State Law Approach To Preserving Fair Use In Academic Libraries, David Hansen

Faculty Publications

Every year academic libraries spend millions of dollars to provide their users access to copyrighted works. Much of that money goes not toward purchasing physical copies of books or journals, but toward licensing electronic content from publishers. In those electronic license agreements, the default rules for how users interact with copyrighted content is often altered, and academic library users are deprived of basic rights—especially rights such as fair use—which are granted under federal copyright law. The literature is flush with discussion of the misuse of private contracts to alter the rights granted by Congress in copyright’s statutory scheme. As a …

New Light On Auer/Seminole Rock Deference, Steve R. Johnson

Scholarly Publications

We have been engaged in an extended exploration of doctrines under which courts may defer to positions and interpretations by state and local tax agencies. The immediately prior installment of this column discusses such deference under state equivalents of what is known as the Auer or Seminole Rock principle, under which courts usually defer to agency interpretations of the agencies’ own ambiguous regulations.

About two weeks after the publication of that installment, the U.S. Supreme Court handed down a major new decision on the Auer principle: Talk America, Inc. v. Michigan Bell Telephone Co. Talk America bids fair to be …

Failure Of The Current Anti-Corruption Strategy In Afghanistan, Hugh Barrett Mcclean

All Faculty Scholarship

Corruption has come to the forefront in Afghanistan as the United States tries to balance efforts to back anti-corruption strategies while maintaining a positive relationship with the Karzai government. Stalled corruption cases suggest corruption in Afghanistan is systemic and not limited to a particular governing body or official. It is clear that corruption exists in both the upper and lower echelons of Afghan society, and will continue to exist until the U.S.-backed anti-corruption teams are accepted by the Afghan government. The strengthening of key institutions continues to be the recommended international model. As demonstrated in the United States, the integration …

Cityland – Vol. 8, No. 7, Center For New York City Law

CityLand - 2011

This issue of CityLand covers major land use and zoning developments in New York City as of August 15, 2011. The City Council approved a reduction in parking requirements for the Gotham Center project in Long Island City and modified a rezoning proposal in Williamsburg to allow Teddy’s Bar and Grill to reestablish its sidewalk café. A commercial overlay was approved in Whitestone to facilitate a TD Bank branch, despite community concerns. The City Planning Commission reviewed proposals for a contextual rezoning in Boerum Hill, a large-scale retail development in Gravesend Bay, and a mixed-use project in Harlem. The Board …