Law Commons^™

Throwing Precaution To The Wind: Nepa And The Deepwater Horizon Blowout, Sandra B. Zellmer, Joel A. Mintz, Robert Glicksman

Faculty Law Review Articles

On April 20, 2010, British Petroleum's ("BP") Deepwater Horizon oil platform exploded, killing eleven workers. When the platform sank to the bottom of the Gulf of Mexico two days later, oil erupted out of the riser-a 5000-foot pipe connecting the platform to the well on the ocean floor. 2 Efforts to stem the flow failed when a safety device, the "blowout preventer," could not be activated.' Finally, after a number of attempts to stop the leak, BP capped the well on July 15.4 Nearly five million barrels of oil were released over the course of eighty-six days, making the Deepwater …

Holding To A Moral Compass Against The Pull Of Profits, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Assistant Professor Eugene Tan writes that as Singapore society becomes more complex, our law schools cannot just produce good legal technicians but are challenged to produce lawyers who are innovators and can utilize the law creatively to produce effective and efficient outcomes, and solutions infused with social justice and fairness. Today, the first batch of SMU law students comprising 106 LLB and 17 Juris Doctor degree students graduates.

Aryans, Gender, And American Politics, Robert L. Tsai

Faculty Scholarship

This short essay discusses some of the ways in which the Aryan movement in America activates gendered beliefs for the goal of legal, political, and cultural transformation. In recent years, the community has moved from common law theories of white sovereignty to more robust forms of racial constitutionalism. The piece is drawn from "America's Forgotten Constitutions: Defiant Visions of Power and Community" (forthcoming Harvard University Press, 2014).

Symposium: Festschrift In Honor Of Paul R. Verkuil

Cardozo Law Review

No abstract provided.

Public Control Of Business Revisited, David Boies

Cardozo Law Review

No abstract provided.

Food And Drug Administration Regulation Of Food Safety, Lawrence O. Gostin, Katie F. Stewart

Georgetown Law Faculty Publications and Other Works

Food-borne illness remains a major public health challenge in the United States, causing an estimated 48 million illness episodes and 3000 deaths annually. The FDA Food Safety Modernization Act (FSMA), enacted in 2011, gives the Food and Drug Administration (FDA) new tools to regulate food safety. The act emphasizes prevention, enhanced recall authority, and oversight of imported food.

The FSMA brings the FDA’s food safety regulation in line with core tenets of public health by focusing on preventing outbreaks, rather than reacting to them, and differentiating between foods and food producers based on the degree of risk they pose. The …

Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Disability Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein, Janet E. Lord

Faculty Publications

No abstract provided.

Rhetoric And Reality In Early American Legal History: A Reply To Gordon Wood, Alison Lacroix

Public Law and Legal Theory Working Papers

No abstract provided.

Teaching Patriotism: Love And Critical Reform, Martha Craven Nussbaum

Public Law and Legal Theory Working Papers

No abstract provided.

The Executive Branch, Administrative Action, And Comparative Expertise, Stephen Breyer

Cardozo Law Review

No abstract provided.

The Federal Character Of Florida's Deceptive And Unfair Trade Practices Act, D. Matthew Allen, David L. Luck, Leah A. Sevi

University of Miami Law Review

No abstract provided.

The Second Circuit Correctly Interprets The Alien Tort Statute: Kiobel V. Royal Dutch, Frank Cruz-Alvarez, Laura E. Wade

University of Miami Law Review

No abstract provided.

Beyond The Sail: The Eleventh Circuit's Thomas Decision And Its Ineffectual Impact On The Life, Work, And Legal Realities Of The Cruise Industry's Foreign Employees, Justin Samuel Wales

University of Miami Law Review

No abstract provided.

Florida Appellate Mediation: Promising New Rules And Ethical Challenges, Erin E. Bohannon

University of Miami Law Review

No abstract provided.

The Eleventh Circuit's Selective Assault On Sentencing Discretion, Adam Shajnfeld

University of Miami Law Review

No abstract provided.

"Arguable Probable Cause": An Unwarranted Approach To Qualified Immunity, Tal J. Lifshitz

University of Miami Law Review

No abstract provided.

Forcing The Issue: An Examination Of Johnson V. United States, Daija M. Page

University of Miami Law Review

No abstract provided.

Plaintiff Standing In Florida Ex Rel. Bondi And The Challenges To The Patient Protection And Affordable Care Act, Gayland O. Heathcoat Ii

University of Miami Law Review

No abstract provided.

Uprooted Justice: Transformations Of Law And Everyday Life In Northern Thailand, David M. Engel

Journal Articles

Studies of law in everyday life tend to view law either as instrumental in shaping specific decisions and practices or as constitutive of the cultural categories through which humans apprehend their world and perceive law as relevant to a greater or lesser extent. This article, however, suggests that circumstances may arise in which law’s role in relation to everyday life is neither instrumental nor constitutive but instead becomes one of radical dissociation. Based on an analysis of injuries in northern Thailand, it examines two transformational episodes in Thai legal and political history. The first occurred at the turn of the …

Virtues Of Common Ownership, Anna Di Robilant

Faculty Scholarship

Professor Michael Sandel's theory of justice is attractive and inspirational for lawyers interested in social change. Sandel's call to go beyond egalitarian liberalism has real and important implications for legal and institutional engineering. However, Sandel's theory of justice is parsimonious of recommendations for medium level institutional design. It offers little detailed guidance to private lawyers called upon to design background rules for the allocation of scarce resources and necessary burdens. This essay will discuss how Sandel's theory of justice may help orient the work of lawyers and policymakers interested in a question that is central to recent property debates: the …

Holding Schools Accountable For Their Sex-Ed Curricula, Rena M. Lindevaldsen

Faculty Publications and Presentations

This article examines the legal and policy implications that arise when a school district decides to instruct students on issues concerning same-sex attractions. As more states afford legal recognition to same-sex relationships and adopt non-discrimination codes that include sexual orientation, schools are faced with the decision of what, when, and how to teach children about same-sex attractions. Providing instruction on this divisive issue is fraught with conflict as views and beliefs on the topic are deeply-held, diverse, and often politically charged. In disputes concerning other sensitive topics, courts long have afforded schools broad discretion to implement curriculum without interference from …

The Dynamics Of Drug Trafficking/ Smuggling By Female Offenders In The Trinidad And Tobago Prison Service: An Exploratory Mixed-Methods Approach, Le 'Jeane' Iman Ellis

Sociology & Criminal Justice Theses & Dissertations

Female offenders incarcerated for the crime of drug trafficking/smuggling have received little research attention. This thesis is an exploratory study designed to help fill that gap. As such, the study is primarily focused on women involved in the illicit drug economy via their participation in drug trafficking/ smuggling activities and secondarily focused on the general population of females incarcerated/remanded for various other crimes. Within the relevant body of research the term "trafficking" is loosely utilized (Fleetwood 2009). Thus to provide clarity, in this research project the terms "trafficking" and "smuggling" are used interchangeably and specifically reference the act of international …

Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin

Faculty Scholarship

No abstract provided.

Reciprocal Comity, Edward J. Janger

Faculty Scholarship

No abstract provided.

Reciprocity Comity, Edward Janger

Faculty Scholarship

No abstract provided.

Shedding Light On Shady Grove: Further Reflections On The Erie Doctrine From A Conflicts Perspective, Joseph P. Bauer

Journal Articles

This Article, a contribution to the Notre Dame Law Review symposium issue on the Supreme Court’s recent Shady Grove decision, is a follow-up to an article published in the same journal eleven years ago, in which I suggested that the Erie doctrine could be usefully informed by drawing on caselaw and jurisprudence from the horizontal choice of law setting. Shady Grove addressed the question of whether a New York state law, barring the assertion of claims for statutory damages, was binding in an action brought in the federal courts, or whether Federal Rule 23, which does not contain a similar …

The Final Twist In Common Intention? Daniel Vijay S/O Katherasan V. Public Prosecutor, Siyuan Chen

Research Collection Yong Pung How School Of Law

It was only in 2008 that the Court of Appeal made a seminal restatement of the law on common intention, particularly with respect to liability in so-called ‘twin crime’ situations. The question posed then was posed again recently in Daniel Vijay: what exactly is the required mens rea for the secondary offender in such situations? In 2008, the Court of Appeal said that the secondary offender had to subjectively know that one in his party might likely commit the collateral offence in furtherance of the common intention of carrying out the primary offence. Now, in Daniel Vijay, the Court …

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Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.