Law Commons^™

The Business Of Torture: The Domestic Liability Of Private Airlines In The U.S. Extraordinary Rendition Program, Kate Kovarovic

University of Miami Business Law Review

No abstract provided.

"A Simple, Human Measure Of Privacy": Public Disclosure Of Private Facts In The World Of Tiger Woods, Patricia S. Abril

Articles

No abstract provided.

The Social Evaluation Of Intergenerational Policies And Its Application To Integrated Assessment Models Of Climate Change, David A. Weisbach, Louis Kaplow, Elisabeth Moyer

Coase-Sandor Institute for Law & Economics Research Paper Series

Assessment of climate change policies requires aggregation of costs and benefits over time and across generations, a process ordinarily done through discounting. Choosing the correct discount rate has proved to be controversial and highly consequential. To clarify past analysis and guide future work, we decompose discounting along two dimensions. First, we distinguish discounting by individuals, an empirical matter that determines their behavior in models, and discounting by an outside evaluator, an ethical matter involving the choice of a social welfare function. Second, for each type of discounting, we distinguish it due to pure time preference from that attributable to curvature …

Agency Independence After Pcaob, Kevin M. Stack

Vanderbilt Law School Faculty Publications

Separation of powers has a new endeavor. The PCAOB decision makes the validity of good-cause removal protections depend on the separation of adjudicative from policymaking and enforcement functions within the agency. At a minimum, within independent agencies, it preserves the second layer of removal protection only for dedicated adjudicators. But its logic extends further. In PCAOB, the demand for political supervision over rulemaking and enforcement trumped Congress's choice to preserve the independence of officials who perform those roles and also adjudicate. In that way, PCAOB reversed the consistent constitutional validation of good-cause removal protections for those who engage in adjudication. …

Health Care: Why Jurisdiction Matters, Kevin C. Walsh

Law Faculty Publications

Congress’s enactment of comprehensive healthcare reform legislation last year was the culmination of one round of an intense debate that continues today. The second round began the same day that the first round ended, when President Obama signed the legislation. In this second round, the locus of debate has shifted from Congress to the courts, which are processing a slew of lawsuits filed immediately after enactment.

One of the most prominent is Virginia v. Sebelius. The lawsuit presents on its face a prominent and critically important question of federalism: Did Congress exceed the limits of its enumerated legislative powers by …

Table Of Contents

South Carolina Law Review

No abstract provided.

Abandoned Ship!: Legal Approaches To South Carolina's Derelict Vessel Problem, Susanna C. Brailsford

South Carolina Law Review

No abstract provided.

Punitive Damages In South Carolina: With Clarity Comes Uncertainty, Kyle A. Brannon

South Carolina Law Review

No abstract provided.

Who Has More Privacy?: State V. Brown And Its Effect On South Carolina Criminal Defendants, Jaclyn L. Mcandrew

South Carolina Law Review

No abstract provided.

Not Perfect, But Better Than Most: South Carolina's Tpr Process And Its Surprisingly Fair Treatment Of Incarcerated Parents, Stuart M. Jones Jr.

South Carolina Law Review

No abstract provided.

Fair Representation In The South Carolina Corporate Income Tax: Combined Reporting As Equiatable Apportionment After Media General Communications, Inc. V. South Carolina Department Of Revenue, Richard I. Simons

South Carolina Law Review

No abstract provided.

Products Liability Law For Design Defects In South Carolina: The Aftermath Of Branham V. Ford Motor Co., J. R. White Jr.

South Carolina Law Review

No abstract provided.

Government Sponsored Social Media And Public Forum Doctrine Under The First Amendment: Perils And Pitfalls, Lyrissa Lidsky

Faculty Publications

Between the extremes of no interactivity and complete interactivity, it is difficult to predict whether courts will label a government sponsored social media site a public forum or not. But it is precisely "in between" where government actors are likely to wish to engage citizens and where citizens are most likely to benefit from government social media initiatives. The goal of this article, therefore, is to provide guidance to lawyers trying to navigate the morass that is the U.S. Supreme Court's public forum jurisprudence in order to advise government actors wishing to establish social media forums.

What Great Writers Can Teach Lawyers And Judges: Precise, Concise, Simple And Clear, Douglas E. Abrams

Faculty Publications

Despite some imperfections across disciplines, advice from well-known fiction and non-fiction writers can serve lawyers and judges well because law, in its essence, is a literary profession heavily dependent on the written word. There are only two types of writing - good writing and bad writing. As poet (and Massachusetts Bar member) Archibald MacLeish recognized, good legal writing is simply good writing about a legal subject. "Lawyers would be better off," said MacLeish, "if they stopped thinking of the language of the law as a different language and realized that the art of writing for legal purposes is in no …

Palestine Is A State: A Horse With Black And White Stripes Is A Zebra, John Quigley

Michigan Journal of International Law

The article Israel, Palestine, and the ICC by Daniel Benoliel and Ronen Perry, published in Volume 32 of the Michigan Journal of International Law, makes a case against a possible assertion of jurisdiction by the International Criminal Court over war crimes that may have been committed by persons on either side of the 2008-2009 war in Gaza. Benoliel and Perry argue that the International Criminal Court is powerless to investigate or to prosecute such war crimes, despite the strong possibility that such crimes were committed. Concern over such possible crimes has been widely expressed at the international level, including a …

Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin

Michigan Journal of International Law

If, with the benefit of hindsight, Mr. Choudhury's case was a harbinger of the emergence of various problems associated with Islam and the rights of Muslim minorities in European nation-states, then the events of September 11, 2001 have propelled these issues to the forefront of law and politics in a way unimaginable even a decade earlier. In Denmark, cartoons depicting the Islamic prophet Muhammad as a suicide bomber have been published leading to protests and violence across Europe and the Islamic world; a law prohibiting students in public schools from wearing symbols or attire through which they conspicuously exhibit a …

Alberta Legal Services Mapping Project: An Overview Of Findings From The Eleven Judicial Districts, Mary Stratton

Canadian Forum on Civil Justice

The Alberta Legal Services Mapping Project (ALSMP) was a large-scale, collaborative research initiative designed to increase understanding of the legal needs of Albertans, the extent to which these needs are currently being met, and how access to legal services can be improved. It was the most comprehensive „mapping‟ research1 so far undertaken in Canada and collected an unprecedented breadth and depth of information about legal programs and services in Alberta, the demands on those services and identified legal needs that are not yet being met. The data also captured local social contexts and identified current strengths as well as gaps …

Supreme Court Without A Clue: 14 Penn Plaza Llc V. Pyett And The System Of Collective Action And Collective Bargaining Established By The National Labor Relations Act, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.

Retail Rebellion And The Second Amendment, Darrell A. H. Miller

Indiana Law Journal

When, if ever, is there a Second Amendment right to kill a cop? This piece seeks to answer that question. In District of Columbia v. Heller, the Supreme Court held that the Second Amendment codifies a natural right to keep and bear arms for selfdefense. That right to self-defense extends to both private and public threats, including self-defense against agents of a tyrannical government. Moreover, the right is individual. Individuals―not just communities―have the right to protect themselves from public violence. Individuals―not just militias―have the right to defend themselves against tyranny. In McDonald v. City of Chicago, the Court went further, …

The Framers' Intent: John Adams, His Era, And The Fourth Amendment, Thomas K. Clancy

Indiana Law Journal

No abstract provided.

A Shift In The Wind: The Siting Of Wind Power Projects On Public Lands In The Obama Era, Eric S. Spengle

Indiana Law Journal

No abstract provided.

Indecency, A La Carte, And The Fcc's Approval Of The Sirius Xm Satellite Radio Merger: How The Fcc Indirectly Regulated Indecent Content On Satellite Radio At The Expense Of The "Public Interest", Elizabeth A. Pike

University of Miami Business Law Review

No abstract provided.

The Case For "Cramdown": Eliminating The Practical And Ideological Barriers To Pure Mortgage Modification, Peter J. Leo

University of Miami Business Law Review

No abstract provided.

Dodd-Frank Sampler: How Congress Codified An Article 1 Financial Takeover, Anthony Hearn

University of Miami Business Law Review

No abstract provided.

Making Assumptions About The Individual Debtor's Right To Assume Under Sec. 365(P)(2), Laura B. Bartell

Law Faculty Research Publications

No abstract provided.

Government Sponsored Social Media And Public Forum Doctrine Under The First Amendment: Perils And Pitfalls, Lyrissa Barnett Lidsky

UF Law Faculty Publications

The goal of this article is to provide guidance to lawyers trying to navigate the morass that is the U.S. Supreme Court’s public forum jurisprudence in order to advise government actors wishing to establish social media forums.

Regulation, Deregulation, And Happiness, Jeffrey L. Harrison

UF Law Faculty Publications

Happiness, in general, is in many respects the topic du jour. A great deal of theoretical and empirical work has been devoted to dissecting it. Studies of happiness have crossed over to law, and the result is an addition to the long list of the list of “law and” interdisciplinary areas. In fact, in 2010, Eric Posner and Matthew Alder presented an excellent book of readings the title of which is Law and Happiness. Peter Henry Huang has written the definitive survey of law and happiness literature. My own writing has reflected on the promise of happiness research and the …

Is The Wto Quietly Fading Away?: The New Regionalism And Global Trade Rules, Stephen J. Powell, Trisha Low

UF Law Faculty Publications

While scholars and governments alike view the liberalization of international trade as a positive development, they disagree on the medium that will accomplish this objective with the highest economic returns. Some experts believe that multilateralism through the 150+ member World Trade Organization (WTO) is the only way to achieve truly open and efficient trade. Others view multilateralism as but an aspiration and find that regionalism offers the only viable prospect for the meaningful further opening of markets.

In light of what we label the "new regionalism," our paper explores in detail the positive and negative effects of regional trade arrangements …

Comprehensive Seagrass Restoration Planning In Southwest Florida: Science, Law And Management, Althea S. Hotaling, R. Benjamin Lingle, Thomas T. Ankersen

UF Law Faculty Publications

In coastal Florida, the development and maintenance of docks, marinas, and channels frequently cause destruction of seagrass beds. Seagrass loss is accompanied by a loss of the ecosystem services the beds provide, such as sediment stabilization, water filtration, protection from storms, and habitat and nursery grounds for fish species. The current legal framework for seagrass protection and the implementation of mitigation for seagrass loss could be improved. In this Article, the authors argue that policymakers could revise the Uniform Mitigation Assessment Method to include more assessments related specifically to the ecology of seagrass beds and their ecosystem services. Seagrass mitigation …

Patents, Genetically Modified Foods, And Ip Overreaching, Elizabeth A. Rowe

UF Law Faculty Publications

Genetically engineered plants and animals have become and will continue to constitute a large part of the food we consume. The United States is the world's largest producer of genetically modified foods, making American consumers the most exposed population to these products. Agricultural biotechnology patents spur and support innovation. Accordingly, patent law is one of the main contributors to this phenomenon that has changed not only the kinds of food we eat, but the nature of the agri-business industry that produces these foods. This Article takes on an area of concern involving the patenting of food that has remained unexplored: …