Law Commons^™

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.

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.

E.P. V. Alaska Psychiatric Institute: The Evolution Of Involuntary Civil Commitments From Treatment To Punishment, Proud Usahacharoenporn

Alaska Law Review

No abstract provided.

Journal Staff

Alaska Law Review

No abstract provided.

Irish Hills Natural Reserve Conservation Plan Update, Bijan N. Riley

Master's Theses

The Irish Hills Natural Reserve Conservation Plan is a unique component of the City
of San Luis Obispo’s green belt that provides a number of hiking and mountain biking
trails within a short distance from the downtown core as well as ensures that valuable
habitat be preserved into the future. As the subject of my thesis project, IHNR presented the opportunity to pursue an aspect of city planning that can often be over-looked and, conservation planning. Conservation planning is an important element of the planning profession in that it incorporates such elements into the future growth of cities. With proper …

Brand New Law! The Need To Market Health Care Reform, William M. Sage

Faculty Scholarship

The most serious problem with the Patient Protection and Affordable Care Act (ACA) is not its contents but its packaging. Because it requires significant departures from business as usual in health insurance, health care delivery, and health behavior, the ACA is unlikely to succeed unless Americans feel a shared stake in its success. Unfortunately, the new law has been branded only by its opponents. Neither the Obama administration nor its congressional allies have effectively communicated the law’s key elements to the public. Most surprisingly, the groundbreaking program of near-universal health coverage the ACA creates does not even have a name. …

The Origins Of Back-End Sentencing In California: A Dispatch From The Archives, Sara Mayeux

Vanderbilt Law School Faculty Publications

In recent years, policy analysts have generated a small body of literature about the practice of "back-end sentencing," observing that California uses parole revocation in lieu of criminal prosecution for a surprisingly high number of cases, including many that would otherwise be considered serious crimes. Some of these offenders may be getting away with far shorter sentences than if their conduct were prosecuted criminally. Surely others are being railroaded into serving time for charges of which they could never be convicted beyond a reasonable doubt. And many are being cycled in and out of prison on fairly minor violations for …

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

Vanderbilt Law School Faculty Publications

No force has put more pressure on the legal system than is likely to be exerted as climate change begins to disrupt the settled expectations of humans. Demands on the legal system will be intense and long-term, but is the law up to the task? If it is, it will at least in part be because the legal system proves to be resilient and adaptive. The question this Article explores, therefore, is how to think about designing legal instruments and institutions now with confidence they will be resilient and adaptive to looming problems as massive, variable, and long-term in scale …

Fraud On The Market: An Action Without A Cause, Amanda Rose

Vanderbilt Law School Faculty Publications

This is a response to William W. Bratton & Michael L. Wachter, The Political Economy of Fraud on the Market, 160 U. PA. L. REV. 69 (2011). Bratton and Wachter argue that fraud-on-the-market class actions (FOTM) should be eliminated and replaced with stepped-up public enforcement efforts targeted at individual wrongdoers (rather than the corporate enterprise, the FOTM target of choice). In this Response, I do not disagree: My own scholarship has similarly emphasized the benefits of shifting away from FOTM to greater reliance on public enforcement mechanisms. Instead, I take the opportunity to elaborate on the deterrence and corporate governance …

“Going Green” The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler

W&M Law Student Publications

This Article explores the constitutionality of green building laws that require developers to comply with the sustainable construction rating system promulgated by the United States Green Building Council ("USGBC"), a private, non-governmental interest group. The Article reviews how the USGBC creates the standards for its rating system and then modifies these standards without gaining approval from any governmental body, thereby changing the legal rules with which private citizens and constructors must comply. The Article argues that, because the USGBC can unilaterally change the law, many green building policies undermine political accountability and violate the doctrine of nondelegation. The Article concludes …

The Consumer Financial Protection Bureau's Appointment With Trouble, Kent H. Barnett

Scholarly Works

This article considers whether the Consumer Financial Protection Bureau Director’s appointment of the Bureau’s Deputy Director comports with the Appointments Clause. The Dodd-Frank Wall Street Reform and Consumer Protection Act established the Bureau in July 2010, as well as the offices of the Bureau’s Director and Deputy Director, to coordinate the regulation and enforcement of federal consumer-financial-protection laws. Under that act, the Director appoints the Deputy Director. The Appointments Clause permits “Heads of Departments” to appoint inferior officers like the Deputy Director. But it is unclear if the Bureau is a “department” and thus if the Director is a department …

Asymmetrical Jurisdiction, Matthew I. Hall

Scholarly Works

Most people — and most lawyers — would assume that the U.S. Supreme Court has jurisdiction to review any determination of federal law by an inferior court, whether state or federal. And there was a time when it was so. But the Court’s recent justiciability decisions have created a perplexing jurisdictional gap — a set of cases in which state court determinations of federal law are immune from the Supreme Court’s appellate jurisdiction. The Court has thus surrendered a portion of its supremacy and thereby undermined the policies that underlie its appellate jurisdiction.

In an effort to address this problem, …

The Limits Of Procedural Private Ordering, Jaime L. Dodge

Scholarly Works

Civil procedure is traditionally conceived of as a body of publicly-set rules, with limited carve-outs – most commonly, forum selection and choice of law provisions. I argue that these terms are mere instantiations of a broader, unified phenomenon of procedural private ordering, in which civil procedure is no longer irrevocably defined by law, but instead is a mere default that can be waived or modified by contract. Parties are no longer merely selecting between publicly-created procedural regimes but customizing the rules of procedure to be applied by the court – from statutes of limitations, discovery obligations and the admissibility of …

Pro Bono Collaborative E-Newsletter (No. 8) (June 2011), Roger Williams University School Of Law

Pro Bono Collaborative Newsletter

No abstract provided.

June Roundtable: Human Rights In Central America, Introduction, Claudia Fuentes

Human Rights & Human Welfare

An annotation of:

“The Tormented Isthmus ”. The Economist. April 14 2011.

The Hearts And Minds Of The Citizens, Brooke Ackerly

Human Rights & Human Welfare

If the US contributes increased military support to Guatemala under the premise of curtailing the drug trade, it could inadvertently further destabilize this already politically unstable country. It certainly will not contribute to developing a sense of political alliance in the hearts and minds of its citizens. Concerns about destabilization in Guatemala (and Central America more generally) and the role of this destabilization in facilitating the drug trade have led the Economist to suggest that the solution is to increase military foreign aid to Guatemala.