Law Commons^™

Indeterminacy And The Law Of Restitution, James Steven Rogers

Washington and Lee Law Review

No abstract provided.

Cohabitation And The Restatement (Third) Of Restitution & Unjust Enrichment, Candace Saari Kovacic-Fleischer

Washington and Lee Law Review

The Restatement (Third) of Restitution & Unjust Enrichment clarified and modernized a field that had become muddled since the publication of the Restatement (First) in 1937. One area of modernization relates to the changes in law towards women, particularly changes in law toward female cohabitants. Published in 2011, the Restatement (Third) added a new Section 28, which rejected the view that it would be immoral for one cohabitant to bring suit against the other, and relaxed the restriction on recovery in unjust enrichment for “gratuitous” contributions. This Article reviews societal and legal changes for women since 1937 and notes that, …

Lost In Translation: Repairing Rosetta Stone V. Google’S Indecipherable Functionality Holding, A. J. Frey

Washington and Lee Law Review

No abstract provided.

When The Bezzle Bursts: Restitutionary Distribution Of Assets After Ponzi Schemes Enter Bankruptcy, Mallory A. Sullivan

Washington and Lee Law Review

No abstract provided.

The Internet And Protection Of Children Online: Time For Change, Jill Scott

Canadian Journal of Law and Technology

This article explores the risks for children online and their privacy, with particular focus on the implications of widespread collection, use and retention of data about them. It touches on international standards and national laws that impact Internet activities and the special risk to children’s privacy in today’s ubiquitous computing environment. This is a complex topic that transcends national boundaries and involves both legal and policy issues confronting governments across the world.

Section I provides a brief outline of the online risks for children arising from the scope of data collection and the regulatory challenges of the Internet as it …

Table Of Content, Colorado Journal Of International Law And Policy

Colorado Environmental Law Journal

No abstract provided.

The Eyes That Blind Us: The Overlooked Phenomenon Of Trafficking Into The Agricultural Sector, Shelley Cavalieri

Northern Illinois University Law Review

This article offers an analysis of American anti-trafficking legislation. It documents the level of American preoccupation with trafficking for sex work by using existing data from the Department of Justice to demonstrate just how current anti-trafficking efforts focus their attention on trafficking for sex work, to the detriment of trafficking into other labor sectors. The author offers a critique of this overemphasis, observing how the expectations of the individuals involved in enforcing anti-trafficking laws influence what kinds of cases they consider to be trafficking cases. The article also offers a few modest interventions that might help reallocate some of the …

Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman

Washington and Lee Law Review

No abstract provided.

Go Farm, Goleta: Urban Agriculture Protection For Eastern Goleta Valley, Eli M. Krispi

Master's Theses

This paper explores two potential land use planning strategies that can be used to preserve and enhance the economic viability of agricultural operations surrounded by suburban development in Santa Barbara County’s Eastern Goleta Valley: buffers between agriculture and other land uses, and agritourism. In the case of buffers, academic literature is examined to determine how effective buffers are at various tasks (filtering runoff, mitigating dust and wind, providing habitat, etc.) and how to construct buffers to maximize their effectiveness. Land use plans and codes from several California jurisdictions are studied to see how buffers are put to use. Academic literature …

Lessons From The Road: Ecuador, Jamaica, And Other Efforts To Combat Trafficking In Persons In The Americas, Salvador A. Cicero-Dominguez

Northern Illinois University Law Review

This article identifies obstacles encountered in the hemisphere and provides practical examples in order to assist countries in adopting laws that are not only consistent with their international obligations, but more importantly help them better serve their citizenry. The article also explores the various ideas and lessons learned over the last five years throughout the hemisphere, drawing heavily from the author's experience in Ecuador and in the course of training throughout the American continent for consular, immigration, law enforcement officers, and United Nations' Peace Keeping forces. A brief comment is made of various laws adopted in the region, and analysis …

Vol. 31, No. 3, Summer 2011: Table Of Contents And Masthead, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

What Is The Monetary Value Of Slave Labor?: Restitution Based On A Traditional Fair Market Valuation Basis May Not Fully Compensate Human Labor Trafficking Victims, Benjamin Thomas Greer

Northern Illinois University Law Review

Human trafficking is an abomination that decimates the lives of the trafficked, fracturing families, and is an act exploiting human labor as a renewable resource. Post-conviction proceedings primarily focus on the disposition of sentence and rehabilitation of the convicted. Restitution for the victim is too often marginalized, relegated to an afterthought. Prosecutors are often reluctant to vigorously pursue victim restitution, as they feel they have achieved their mandate of conviction, shifting their focus to their next case file. Without a nuanced and appropriately formulated monetary recovery for their damages, the victim fails to be made “whole.” With the recent resurgence …

Unnaturally Stubborn: Illinois' Reluctance In Krywin V. Chicago Transit Authority To Do Away With The Natural Accumulation Rule, And The Resulting Impact Upon The Duty Of Common Carriers, Theodore Richgels

Northern Illinois University Law Review

The Natural Accumulation Rule is a legal doctrine that has been interpreted and applied by the Illinois courts to mean that a landowner may escape liability for injuries to a third party on his or her land that occur as a result of a natural accumulation of rain, ice or snow. Another legal doctrine that is recognized in Illinois is the duty of common carriers (such as buses, airplanes, and commuter trains) to provide a safe place for their passengers to disembark or “alight” from the vehicle they are riding. These two legal doctrines came into conflict with one another …

The Restatement (Third) Of Restitution & Unjust Enrichment: Some Introductory Suggestions, Michael Traynor

Washington and Lee Law Review

No abstract provided.

Counter-Restitution For Monetary Remedies In Equity, George P. Roach

Washington and Lee Law Review

Equitable remedies are growing in importance as the remedies of choice for intellectual property and federal agency claims. The measure of monetary remedies in equity is founded in trust law, which provides that even a disloyal trustee is entitled to indemnity for expenses that benefit the trust. Based on this principle and case law on measuring intellectual property remedies, a defendant to a claim for a monetary remedy in equity has the opportunity to prove that the unjust enrichment established by the plaintiff should be reduced for unrelated revenues or beneficial expenses. Opponents of this right justify revenue disgorgement by …

Fear-Based Standing: Cognizing An Injury-In-Fact, Brian Calabrese

Washington and Lee Law Review

No abstract provided.

Lord Of The Files: International Secondary Liability For Internet Service Providers, Emerald Smith

Washington and Lee Law Review

No abstract provided.

Property And Precaution, Lee Anne Fennell

Coase-Sandor Institute for Law & Economics Research Paper Series

Property in land suffers from an unacknowledged precautionary deficit. Ownership is dispensed in standardized blocks of monopoly control that are routinely retained in their entirety until someone raises an issue regarding an actual or potential incompatible land use. This arrangement, which encourages owners to take sustained, unpriced draws against a limited stock of future flexibility, sets the stage for future impasse as inconsistent plans develop. It also makes property an unnecessarily accident-prone institution, given the role that bargaining failure plays in producing costly land use conflicts. Expanding the slate of potential precautions beyond owners' locational and operational choices to include …

Reversible Rewards, Omri Ben-Shahar, Anu Bradford

Coase-Sandor Institute for Law & Economics Research Paper Series

This article offers a new mechanism of law enforcement, combining sanctions and rewards into a scheme of "reversible rewards." A law enforcer sets up a pre-committed fund and offers it as reward to another party to refrain from violation. If the violator turns down the reward, the enforcer can use the money in the fund for one purpose only—to pay for punishment of the violator. The article shows that this scheme doubles the effect of funds invested in enforcement, and allows enforcers to stop violations that would otherwise be too difficult to deter. It argues that reversible rewards could be …

Commensurability And Agency: Two Yet-To-Be-Met Challenges For Law And Economics, Alon Harel, Ariel Porat

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Ely At The Altar: Political Process Theory Through The Lens Of The Marriage Debate, Jane S. Schacter

Michigan Law Review

Political process theory, closely associated with the work of John Hart Ely and footnote four in United States v. Carolene Products, has long been a staple of constitutional law and theory. It is best known for the idea that courts may legitimately reject the decisions of a majority when the democratic process that produced the decision was unfair to a disadvantaged social group. This Article analyzes political process theory through the lens of the contemporary debate over same-sex marriage. Its analysis is grounded in state supreme court decisions on the constitutionality of barring same-sex marriage, as well as the high-profile, …

A New Approach To Section 363(F)3, Evan F. Rosen

Michigan Law Review

Section 363(f) of the Bankruptcy Code provides five circumstances in which a debtor may be permitted to sell property free of all claims and interests, outside of the ordinary course of business, and prior to plan confirmation. One of those five circumstances is contained in § 363(f)(3), which permits such a sale where the "interest is a lien and the price at which such property is to be sold is greater than the aggregate value of all liens on such property." While it is far from certain whether § 363(f)(3) requires a price "greater than the aggregate [face value] of …

Infusing Due Process And The Principle Of Legality Into Contempt Proceedings Before The International Criminal Tribunal For The Former Yugoslavia Ad The International Criminal Tribunal For Rwanda, Gwendolyn Stamper

Michigan Law Review

Contempt proceedings before the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda suffer from two procedural defects: the hearings run afoul of the principle of legality and fail to afford calibrated procedural protection for accused contemnors. First, this Note contends that these two tribunals properly rely on their inherent powers to codify procedural rules for contempt proceedings. However the tribunals' inherent power to prosecute contempt does not allow the courts to punish contemptuous conduct that has not been explicitly proscribed. Such a prosecution contravenes the principle of legality, which provides that criminal responsibility may …

How Do You Spell M-U-R-K-O-W-S-K-I? Part I: The Question Of Assistance To The Voter, Chad Flanders

Alaska Law Review

No abstract provided.

Voting As A Positive Right: A Reply To Flanders, Joseph Fishkin

Alaska Law Review

No abstract provided.

Fault And The Murkowski Voter: A Reply To Flanders, Justin Levitt

Alaska Law Review

No abstract provided.

Spelling Murkowski: The Next Act, A Reply To Fishkin And Levitt, Chad Flanders

Alaska Law Review

No abstract provided.

“The Governor’S Court Of Last Resort:” An Introduction To Executive Clemency In Alaska, Ronald S. Everett, Deborah Periman

Alaska Law Review

No abstract provided.

The Use Of Electronic Monitoring In The Alaska Criminal Justice System: A Practical Yet Incomplete Alternative To Incarceration, Natasha Alladina

Alaska Law Review

No abstract provided.

A Shot In The Dark: Why Strict Scrutiny Would Miss The Mark For Felon In Possession Restrictions, Gabriel A. Blumberg

Alaska Law Review

No abstract provided.