Law Commons^™

Rookie Mistakes To Avoid, Edward R. Becker

Other Publications

I'm Ted Becker from the University of Michigan. My part of today's presentation is to fall on the sword. I say that because my topic is rookie mistakes to avoid. Many of us up here on the panel aren't rookies but I certainly am. I just completed my first semester of teaching transactional drafting so I'm new to the game, and then when it comes to mistakes, oh yes, there's a bunch of them that we can talk about. Because the semester just ended, these missteps are as fresh in my mind as they could possibly be, and I hope …

Would A Cop Do This: Ending The Practice Of Sexual Sampling In Prostitution Stings, Phillip Walters

Minnesota Journal of Law & Inequality

No abstract provided.

Human Rights And The Empire Of (International) Law, Catherine Turner

Minnesota Journal of Law & Inequality

No abstract provided.

Defining Torture And Cruel, Inhuman, And Degrading Treatment, David Weissbrodt, Cheryl Heilman

Minnesota Journal of Law & Inequality

No abstract provided.

Solving Immigration Consultant Fraud Through Expanded Federal Accreditation, Emily A. Unger

Minnesota Journal of Law & Inequality

No abstract provided.

A New 'Star' In The Firmament--Teaching Space And Telecoms Law As A Post-Graduate Ll.M. Programme, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Contents

I. Congratulatory message to Professor Doo-Hwan Kim on his 77th anniversary

II. Teaching space law: the beginnings

III. Teaching space law: broadening the picture

IV. Teaching space law and telecommunications law

Data Note: Job Seekers With Disabilities At One-Stop Career Centers: An Examination Of Registration For Wagner-Peyser Funded Employment Services, 2002 To 2009, David Hoff, Frank A. Smith

Data Note Series, Institute for Community Inclusion

The Wagner-Peyser Act of 1933 established a nationwide system of public employment services, known as the Employment Service. Via the Workforce Investment Act of 1998, the Employment Service was made part of the One-Stop Career Center service-delivery system. Wagner-Peyser is a primary source of funding for these centers, which make employment services available to all people, including those with disabilities. There are currently 1,800+ comprehensive One-Stop Career Centers throughout the United States, as well as satellite and affiliate centers.

Adaptive Management As An Information Problem, Holly Doremus

North Carolina Law Review

No abstract provided.

Fighting A Losing Battle: Irca’S Negative Impact On Law-Abiding Employers , Joseph D. Layne

Loyola of Los Angeles Law Review

The Immigration Reform and Control Act of 1986 (IRCA) made it illegal for employers to hire undocumented workers, and it shifted the responsibility and power of enforcement to employers’ hands. Because employers are ultimately concerned about their bottom-line profit margins, IRCA has created an inherent conflict of interest that incentivizes unscrupulous employers to take advantage of undocumented workers because, by doing so, the employers realize significant savings in the form of lower wages. In addition, recent judicial decisions have limited employers’ liability for violating federal labor laws, which has resulted in an overall dilution of undocumented workers’ labor-law rights. In …

Preventive Detention Distorted: Why It Is Unconstitutional To Detain Immigrants Without Procedural Protections , Whitney Chelgren

Loyola of Los Angeles Law Review

There are two main problems with the current immigration detention system: the conditions of confinement and the procedural mechanisms that are used to detain noncitizens. The current conditions of confinement cast serious doubt on the constitutionality of the detention system. Although it is purportedly civil, immigration detention is very much a punitive institution. Moreover, there is no binding regulation governing the operation of detention facilities or the conduct of detention staff. The problems that stem from this lack of regulatory oversight are compounded by the fact that many detention centers are run as for-profit businesses. More fundamentally, noncitizens are detained …

Relief From Deportation: An Unnecessary Battle , Christen Chapman

Loyola of Los Angeles Law Review

A removal hearing in immigration court focuses on two predominant issues—whether the noncitizen is deportable and whether the noncitizen should be granted relief from a deportation order. Because it is relatively easy for the government to prove deportability, most removal hearings turn on the noncitizen’s application for relief. Currently, an Immigration and Customs Enforcement (ICE) attorney serves as a relentless adversary throughout the removal process, even though few noncitizens are represented by counsel. Although the entire removal hearing lacks the elements that are essential to a fair adversarial proceeding, the ICE attorney’s participation in initially establishing a noncitizen’s removability is …

Table Of Contents - Issue 5, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Adaptation And Resiliency In Legal Systems: Introduction, North Carolina Law Review

North Carolina Law Review

No abstract provided.

General Design Principles For Resilience And Adaptive Capacity In Legal Systems - With Applications To Climate Change Adaptation, J. B. Ruhl

North Carolina Law Review

No abstract provided.

Adaptation, Legal Resiliency, And The U.S. Army Corps Of Engineers: Managing Water Supply In A Climate-Altered World, Victor B. Flatt, Jeremy M. Tarr

North Carolina Law Review

No abstract provided.

Resiliency, Adaptation, And The Upsides Of Ex Post Lawmaking, Donald T. Hornstein

North Carolina Law Review

No abstract provided.

Regulatory Contrarians, Brett Mcdonnell, Daniel Schwarcz

North Carolina Law Review

No abstract provided.

From Gramm-Leach-Bliley To Dodd-Frank: The Unfulfilled Promise Of Section 23a Of The Federal Reserve Act, Saule T. Omarova

North Carolina Law Review

No abstract provided.

The Federal Common Law Crime Of Corruption, Lisa Kern Griffin

North Carolina Law Review

No abstract provided.

Complex Times Don't Call For Complex Crimes, Richard E. Myers Ii

North Carolina Law Review

No abstract provided.

Discussion At Second U.S.-China Rule Of Law Dialogue, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

Professor Cheng analyzes the foundation and structure of the present configuration of Chinese legal institutions and its desirable future in a very small number of pages--- a brave and suggestive approach. (I am avoiding the term “Chinese legal system” for reasons that will be clear.) She begins by noting NPC Chairman Wu Banguo’s recent statement that China has now created “a socialist system of laws with Chinese characteristics” (hereafter SSLCC).

Planning For Same-Sex Couples In 2011, Patricia A. Cain

Faculty Publications

This article is the published version of a CLE outline prepared for ALI-ABA in January 2011 and then updated in March 2011. It includes citations to relevant authority regarding a number of tax issues that same-sex couples encounter both under the income tax and under the estate and gift tax system. The outline also includes a list of states that recognize the status of same-sex couples as married, registered domestic partners, civil unions, or similar forms of recognition, and identifies those states in which legislative action recognizing same-sex couples is possible and those in which it is not, due to …

The Debate Over Indian Removal In The 1830s, George William Goss

Graduate Masters Theses

The US in the 1830s debated the relationship between the US and Indian Communities of North America. The principles calling for equal rights and political democracy were in contradiction with the principles calling for the US to follow colonial principles of the European empires that had begun to invade North America in the late 1400s. The colonies that had revolted against British rule in the late 1700s continued their expansion of settlements and political incorporation. The proposal of Indian Removal was a straightforward expression of that expansionism. There was a national campaign developed in support of the Indian resistance, particularly …

From Gramm-Leach-Bliley To Dodd-Frank: The Unfulfilled Promise Of Section 23a Of The Federal Reserve Act, Saule T. Omarova

Cornell Law Faculty Publications

This Article examines the recent history and implementation of one of the central provisions in U.S. banking law, section 23A of the Federal Reserve Act. Enacted in 1933 in response to one of the perceived causes of the Great Depression, section 23A imposes quantitative limitations on certain extensions of credit and other transactions between a bank and its affiliates that expose a bank to an affiliate's credit or investment risk, prohibits banks from purchasing low-quality assets from their nonbank affiliates, and imposes strict collateral requirements with respect to extensions of credit to affiliates. The key purpose of these restrictions is …

On Making Persons: Legal Constructions Of Personhood And Their Nexus With Human Trafficking, Karen E. Bravo

Northern Illinois University Law Review

This article identifies and analyzes the role of law in constructing personhood and the impact of such construction on human trafficking. Who is a “person”? Are all human beings “persons”? Are children, legal immigrants, undocumented migrants, ex-convicts, and/or individuals who have been trafficked “persons” or “quasipersons” under contemporary law? The concept and term “person” is ubiquitous in the legal literature – in statutes, constitutions, and treaties. It is deployed and manipulated by courts and legislatures to give and withhold rights to groups, entities, and individuals within societies. However, where legal recognition and protection of personhood is withheld, it creates vulnerability …

Trendlines: Court Decisions, Proposed Legislation, And Their Likely Impact On Binational Same-Sex Families , Jay Strozdas

Loyola of Los Angeles Law Review

Family is a cornerstone of U.S. immigration policy. The United States grants green cards to every immigrant who is validly married to a U.S. citizen—unless the marriage is to someone of the same sex. The Defense of Marriage Act (DOMA) denies federal recognition of so-called samesex marriages. Recent social, political, judicial, and legislative trends suggest the eventual abrogation of DOMA. Even so, sponsorship for same-sex couples is not automatic and will ultimately depend on how DOMA’s demise is achieved. This Article illuminates a clear path for same-sex binational couples to receive equal immigration benefits in a post-DOMA world. However, if …

Reducing The Inherent Malleability Of Mid-Level Scrutiny In Commercial Speech: A Proposed Change To The Second, Third, And Fourth Prongs Of The Central Hudson Test , Kayla R. Burns

Loyola of Los Angeles Law Review

In 1980, in Central Hudson Electric Corp. v. Public Service Commission of New York, the Supreme Court established the current framework for determining the constitutionality of commercial speech restrictions. It has been six years since the Third Circuit made its decision in The Pitt News v. Pappert, holding, under the Central Hudson test, that a state ban on alcohol advertisements in a college newspaper violated the First Amendment right to free speech. Recently, the Fourth Circuit, in Educational Media Co. at Virginia Tech v. Swecker, applied the same test and came to an entirely different conclusion when it held that …

Enforcing Forum-Selection Clauses: An Examination Of The Current Disarray Of Federal Forum-Selection Clause Jurisprudence And A Proposal For Judicial Reform , Maxwell J. Wright

Loyola of Los Angeles Law Review

This Note examines the current disarray of federal forum-selection clause jurisprudence. Theoretically, a forum-selection clause can provide a degree of stability and predictability to a contractual relationship by limiting where the parties can sue or be sued under the contract. Unfortunately, a lack of Supreme Court guidance and the absence of a federal rule or statue on point have created confusion and varying approaches among lower federal courts as to how they should treat such clauses. This Note outlines the various approaches that federal courts currently employ when enforcing valid exclusive forumselection clauses, and it highlights the strengths and weaknesses …

The Criminalization Of Immigration And The International Norm Of Non-Discrimination: Deportation And Detention In U.S. Immigration Law, Barbara A. Frey, X. Kevin Zhao

Minnesota Journal of Law & Inequality

No abstract provided.

Divorce And The Best Interest Of The Child: Disputes Over Visitation And The Japanese Family Courts, Takao Tanase, Matthew J. Mccauley

Washington International Law Journal

The following is a translation of an article written by Professor Takao Tanase for the December 2009 edition of Jiyū to Seigi, a Japanese legal periodical. Divorce and familial breakdown has become a major problem in modern Japanese society, yet the law does not provide any meaningful protection for the noncustodial parent. Professor Tanase analyzes this issue from a comparative and theoretical perspective, looking at the current Japanese visitation laws in place today, while contrasting those with the system in the United States. He also looks at how those laws affect actual families, and how the courts have implemented …