Law Commons^™

Water Pollution And Regulatory Cooperation In China, Hong Lan, Michael A. Livermore, Craig A. Wenner

Cornell International Law Journal

Government authority in China, while constitutionally organized as a unitary sovereign, is, in practice, a complex system of informal and formal divisions of authority between national, provincial, and local political actors. In the context of water pollution control, an issue of considerable interest in China, both central and subnational authorities have key roles. The incentives faced by some officials, however, are ill-aligned with environmental protection, predictably leading to inefficiently high levels of pollution. Recent changes in China's water pollution regime have the potential to create a more successful cooperative arrangement between the national and subnational governments. These reforms impose stronger …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 44, Number 1, Spring 2011

Nebraska Transcript

Dean’s Message 2
Faculty Update Profile: Alan Frank 4
Mexico’s Criminal Justice Transformation 6
Faculty Notes 8
Network Neutrality 14
Lepard Leads Human Rights Project 16
Blankley’s Passion for ADR 17
Burkstrand-Reid’s Trust to Teach 18
Feature: Dean Susan Poser 19
Around the College Brummond’s New Role 22
Kluver Leads Admissions Efforts 23
Our Future in the Big Ten: Admissions 24
Job Market’s Impact on CSO 26
Evolution of Technology 28
Student Accolades 32
2010 Family Traditions Ceremony 34
Hitler’s Court 36
Recent Facility Renovations 37
Our Alumni Eilers: A Global Career 38
Nearhood Admissions Office 39
Winter Scholarship 40 …

Beating The Bluebook Blues: A Response To Judge Posner, Stephen M. Darrow, Jonathan J. Darrow

Michigan Law Review First Impressions

Judge Richard A. Posner's recent critique (The Bluebook Blues) of the maddening hypertrophy of The Bluebook is surely a refreshing voice of sanity for the multitudes of law students and legal professionals who have had occasion to consult it. Even at Harvard Law School, the home of its founding institutional sponsor, The Bluebook's labyrinthine rules annually aggravate a fresh crop of otherwise remarkably stoic future lawyers. But while many of Posner's observations regarding The Bluebook are astute, we posit that both form and uniformity are important for citations, and we suggest citation-formatting software as a means of maximizing the utility …

Interstate Comparison - Use Of Contribution Margin In Determination Of Price Fixing, Tsui Tat Chee

Pace International Law Review Online Companion

For over a century, anti-trust law has been used to maintain an open and fair market economy by preventing monopolies.  However, anti-trust law has never precisely defined the term “monopoly”, which makes evaluating the interactions between the prohibition of monopoly and encouraging competition increasingly challenging.

In 2006, the Hong Kong Government appointed Arculli & Associates Solicitor Firm to study issues relating to competition in the auto-fuel retail market in Hong Kong. A test based on contribution margins was recommended, leading to the conclusion that price fixing is not a crime in the industry.

This article examines the problems related …

Unclaimed Financial Assets And The Promotion Of Microfinance, Andrew W. Hartlage

Michigan Law Review First Impressions

State governments can effectively promote domestic entrepreneurship in low-income communities and simultaneously fulfill their duties as conservator s of unclaimed property, by lending unclai med financial assets-in-trust at preferential interest rates to in-state microfinance providers. This plan presents an alternative to charitable contributions, though it does not resolve the tension between for-profit and not-for-profit microfinance providers. Such a scheme could be a significant funding source for many microfinance operations in the United States today. Even a small portion of the yearly intake of unclaimed assets would be substantial enough to support fully most microfinance loan portfolios. Also, reinvestment of unclaimed …

Breaking Patents, Daniel R. Cahoy

Michigan Journal of International Law

In the 1970s and 1980s, the Boeing aircraft company worked to address the rising cost of jet fuel by inventing lighter metal alloys for use in aerospace materials. Among its discoveries was a method of producing aluminum-lithium alloys with high "fracture toughness," and in 1989, Boeing received a patent for the process. Five years later, another aerospace company working as a National Aeronautics and Space Administration (NASA) contractor, Lockheed Martin, was attempting to solve a similar problem related to materials used in the space shuttle. Lighter materials were necessary for future shuttle missions to transport components of the International Space …

Promoting Employee Voice In The New American Economy, Paul M. Secunda

Marquette Law Review

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Promoting Employee Voice In The American Economy: A Call For Comprehensive Reform, Kenneth G. Dau-Schmidt

Marquette Law Review

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Who Should Talk? What Counts As Employee Voice And Who Stands To Gain, Aditi Bagchi

Marquette Law Review

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Avoiding Legal Seduction: Reinvigorating The Labor Movement To Balance Corporate Power, Ann C. Hodges

Marquette Law Review

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Lessons From The Public Sector: Suggestions And A Caution, Joseph E. Slater

Marquette Law Review

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Labor Law, The Left, And The Lure Of The Market, Richard Michael Fischl

Marquette Law Review

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Yes, Labor Markets Are Flawed--But So Is The Economic Case For Mandating Employee Voice In Corporate Governance, Scott A. Moss

Marquette Law Review

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Silent Warning: The Fda's Ban On Off-Label Speech: Is It Protecting Our Safety?, Briana R. Barron

Marquette Law Review

The FDA’s regulation of off-label uses for drugs has been a hotly contested issue. While the FDA seeks to ensure compliance with the regulatory process, drug manufacturers argue that off-label prescribing is a well-regarded practice by physicians and that the regulations and the regulations are impermissible under the First Amendment. Recent cases court cases have ended without a clear resolution as to the First Amendment implications, but message from the FDA remains clear—any kind of advertising of an off-label use may be prosecuted.

This paper proposes a compromise between the two extreme positions. Allowable speech and conduct related to off-label …

Burnin' Down The House--And Deducting It Too: Charitable Contributions Of Buildings To Fire Departments Under I.R.C. § 170, Thomas J. Burmeister Jr.

Marquette Law Review

Section 170 of the Internal Revenue Code allows “as a deduction any charitable contribution . . . payment of which is made within the taxable year.” Unfortunately, the laws of charitable giving stretch much further and deeper than the provision that gave life to the charitable deduction. This Comment analyzes an issue on the relatively unexplored outskirts of charitable giving law: may a taxpayer claim a deduction for the donation of a building to a fire department for training exercises? In 1968, Morris Scharf donated his home to a local fire department for training exercises and deemed the gift “charitable” …

April Roundtable: Responsibility To Protect And Human Rights Protection In The Ivory Coast, Introduction, Claudia Fuentes

Human Rights & Human Welfare

An annotation of:

Article under review: “The Case for Intervention in the Ivory Coast” by Corinne Dufka. Foreign Policy. March 25 2011.

Double Standards Demystified, Jonas Claes

Human Rights & Human Welfare

At the time Ms. Corinne Dufka’s op-Ed about the crisis in Côte D’Ivoire appeared, few would have predicted that three days later UN troops, with the support of the French military, would act forcefully to protect civilians and tip the balance in favor of the fighters loyal to Alassane Ouattara, eventually leading to the arrest of Laurent Gbagbo. The odds were not favoring this scenario.

Terms Matter: Reflections On The Wyoming Debate Over The Teachers’ “Union” And Teacher “Tenure”, Michael C. Duff

All Faculty Scholarship

Invariably, in Wyoming, as in other states, the educational debate swirls around two topics: the extent to which school teachers’ unions influence educational policy, and the related, but distinct, question of whether teachers are unreasonably entrenched in their jobs through systems of “tenure.” These questions in turn are closely intertwined with the broader national debate over public employee unionism. In Wyoming, however, the broader debate is not at issue, a fact that will be revealed in this article through close scrutiny of the terms “union” and “tenure.”

Review Of Aboriginal Title And Indigenous Peoples: Canada, Australia, And New Zealand. Edited By Louis A. Knafla And Haijo Westra., Dwight Newman

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

This volume contains a number of intelligent, insightful essays that, as a collection, are meant to offer comparative perspectives on Aboriginal title issues in Canada, Australia, and New Zealand. A relatively limited number of the essays actually engage in direct comparison, although David Yarrow's examination ofthe place ofIndigenous jurisdiction in Australia and Canada, Kent McNeil's scrutiny ofthe source and content ofIndigenous land rights in Australia and Canada, and Louis Knafta's superb introduction are welcome exceptions. Most of the other chapters frame a set of comparisons by engaging with issues in a single jurisdiction, although some are also devoted to specific …

Review Of Canada's Indigenous Constitution. By John Borrows., Signa A. Daum Shanks

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

This text's major thesis, that "Canada cannot presently, historically, legally, or morally claim to be built upon European-derived law alone," has been mentioned before. Yet in those earlier musings by Borrows and others, such a statement has never been documented so well as it is here. Borrows contemplates that others, besides those sympathetic with Indigenous perspectives, might just admit such a thesis is the case. Moreover, they might also support the creation of social and economic policies that demonstrate such a belief. But observing it in Canada's current legal system-really? Keenly aware of skeptics, Borrows has thought as much about …

Workplace Religious Accommodation For Muslims And The Promise Of State Constitutionalism, Peter Longo, Joan M. Blauwkamp

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

This article considers whether state constitutionalism provides greater possibilities for workplace religious accommodation than is currently available to religious minorities within federal law under Title VII of the Civil Rights Act of 1964. We approach this question via a case study of the controversy over religious accommodation for practicing Muslims employed by the JBS Swift and Company meatpacking plant in Grand Island, N E. The case study consists of analyses of the requirements for religious accommodation under federal law, examination of the reasons why religious accommodation under federal law was not achieved in the Grand Island case, and analysis of …

The Optical Scan Voting Machine And The 65 And Older Staten Island Voter, Matthew C. Desaro

MPA Capstone Projects 2006 - 2015

The Help America Vote Act of 2002 (HAVA) was signed into law with the explicit goals of: (1) creating a program by which States could utilize federal funds to replace punch card voting systems, (2) establishing the Election Assistance Commission (EAC) to act as the administrator for Federal elections and provide assistance to States in the compliance with the new Federal election standards, and (3) establishing those new Federal standards for which the States would now have to abide. For New York State, the last State to conform to the new requirements and only after a court order was issued …

Balancing Transparency, Privacy, Technology, And Efficiency: Implementing Broome County's Freedom Of Information Law In The 21st Century, Jennifer K. Royer

MPA Capstone Projects 2006 - 2015

All State and municipal governments are required by the New York State Freedom of Information Law (FOIL) to release government documents to the public and the media when requested. Broome County has an active FOIL program which must adapt to continuing changes in technology. Several policy and public management options could help the county better utilize electronic methods while balancing competing pressures, making its FOIL program one of the most efficient and cost effective programs in the state.

This paper reviews literature regarding the competing pressures of: transparency in a democratic society, the legal guidelines governing the release or protection …

Notre Dame Lawyer - Spring 2011, Notre Dame Law School

Notre Dame Lawyer

PREPARING FOR GLOBAL PRACTICE
A leader in international law education since 1968, NDLS is committed to preparing students for the accelerating pace of legal globalization.

A PRODUCTIVE PARTNERSHIP
Students in the new Law and Economics Program interact with leading experts in law, economics, and business.

RENOVATED: BIOLCHINI HALL OF LAW

A DIFFERENT KIND OF LAWYER. A DIFFERENT KIND OF LAW LIBRARIAN.

Keeping It Clean: Richard H. Bryan And Nevada Gaming, Leslie M. Niño

UNLV Gaming Law Journal

When Nevada legalized gaming in 1931, few observers could have predicted the extent to which the gaming industry would grow and evolve. The modern gaming industry has expanded across the globe, and is now regarded as a dynamic avenue of commerce. However, during the industry’s infancy, many Americans denounced gaming as a pariah. Legalized gaming was not viewed as a legitimate industry; rather, it was a haven for swindlers and cheaters. How did Nevada turn this negative perception into a positive one? Legislators and regulators resolved to create and enforce gaming regulations with the highest standards of ethics and integrity, …

Improving The Odds: Changing The Perception Of Problem Gambling And Supporting The Growth Of Problem Gambling Courts, Amaia Guenaga

UNLV Gaming Law Journal

This Note will examine what problem gambling is and demonstrate the parallels between problem gambling and substance abuse. The Note will then explore the development and expansion of problem-solving courts for substance abuse and mental health and explore the pros and cons of problem gambling courts, in the end offering support for the further creation and development of problem gambling courts.

Copyright For Engineered Dna: An Idea Whose Time Has Come?, Christopher M. Holman

West Virginia Law Review

The rapidly emerging field of synthetic biology has tremendous potential to address some of the most compelling challenges facing our planet by providing clean renewable energy, nutri- tionally-enhanced and environmentally friendly agricultural products, and revolutionary new life-saving cures. However, leaders in the synthetic biology movement have voiced concern that biotechnology's current patent-centric approach to intellec- tual property is in many ways ill-suited to meet the challenge of synthetic biology, threatening to impede follow-on innovation and open access technology. For years, copyright and patent protection for computer software have existed side-by-side, the two forms of intellectual property complementing one another. Numerous …

A Structural Solution To Africa’S Wayward Presidents, Devin K. Joshi

Human Rights & Human Welfare

The current crisis in the Ivory Coast unfortunately resembles a number of crises in Western and Central Africa over the last few decades. Whereas the international community has generally been more willing to intervene in Europe and the Middle East, there has been a tendency to “wait and watch” while humanitarian crises unfold in middle Africa. In the last several years, as in the Ivory Coast right now, however, global awareness of the brutality of such crises has expanded tremendously.

Artificial Insemination And The Presumption Of Parenthood: Traditional Foundations And Modern Applications For Lesbian Mothers, William M. Lopez

Chicago-Kent Law Review

This note traces the history of the presumption of parenthood and applies the traditional rationales underlying the presumption to support its application to married lesbian couples. Part I discusses the formation of the presumption in England and recognizes that the presumption was created for three important reasons: to protect the child; to protect the public purse; and to protect the biological family. Part II discusses state laws on artificial insemination and dissects the basic requirements for both same-sex and opposite-sex parents. This Part then applies the presumption's traditional rationales to lesbian couples having children, arguing that the same presumption should …

The Allure And Illusion Of Partners' Interests In A Partnership, Bradley T. Borden

Faculty Scholarship

No abstract provided.