Law Commons^™

Responses To The Ten Questions, Aziz Rana

William Mitchell Law Review

No abstract provided.

The Class Action Fairness Act Of 2005: The Limits Of Its Text And The Need For Legislative Clarification, Not Judicial Interpretation, Kristen L. Wenger

Florida State University Law Review

No abstract provided.

Symbolic Religious Expression On Public Property: Implications For The Integrity Of Religious Associations, Angela C. Carmella

Florida State University Law Review

No abstract provided.

Jurisprudential Juxtaposition: Application Of Graham V. Florida To Adult Sentences, John "Evan" Gibbs

Florida State University Law Review

No abstract provided.

Righting The Historical Record: A Case For Appellate Jurisdiction Over Appeals Of Sentences For Reasonableness Under 28 U.S.C. § 1291, Briana Lynn Rosenbaum

Scholarly Works

This Article is the first to analyze critically the jurisdictional basis for the Supreme Court’s mandate in United States v. Booker that all courts of appeals review the length of criminal sentences for “reasonableness.” The availability of appellate review has expanded greatly since the Booker opinion, and, indeed, recent research shows that the number of sentence appeals has risen. Unfortunately, the Court did not explain the jurisdictional basis for its expanded “reasonableness review.” The omission is not trivial. For decades, federal courts have held that courts of appeals do not have jurisdiction to review the length of criminal sentences. This …

The Bramble Bush Of Forking Paths: Digital Narrative, Procedural Rhetoric, And The Law, Lucille A. Jewel

Scholarly Works

This Article explores ways to harness the persuasive and narrative power of computer games for practical legal purposes. The mental experiences we have when we play computer games relate to what attorneys do every day. Playing computer games and practicing law both require engagement with interactive plots where the outcomes depend on a series of choices in a complex system.

The analogues between computer games and the practice of law are one reason that lawyers should take a deeper look at this emerging narrative theory. The other reason has to do with the fact that millions of people play computer …

It’S An Art Not A Science: State-Mandated Insurance Coverage Of Assisted Reproductive Technologies And Legal Implications For Gay And Unmarried Persons, Valarie K. Blake

Scholarly Works

Assisted reproductive technology (ART) has made it possible for a wealth of individuals, who would otherwise be unable, to create families and become parents. Traditionally, most people think of infertile couples as the beneficiaries of such technology, but ART has special and important implications for gay and/or unmarried persons as well. Dubbed the “structurally infertile,” this latter group is highly dependent on ART for their family planning needs. Despite the growth in popularity of ART for both the medically and structurally infertile, ART continues to be a mainly private-payer enterprise, reserved for those individuals who have the expendable income to …

Ballast Water Management Convention, 2004: Towards Combating Unintentional Transfer Of Harmful Aquatic Organisms And Pathogens, Sabitiyu Abosede Lawal

LLM Theses

The introduction of harmful aquatic organisms and pathogens transferred through ships' ballast water and sediments from one coastal region to another has ecological, economic, environmental, and human impacts. The international community, through numerous binding and non-binding instruments, also sought to combat this problem. Ultimately, the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 was adopted by the International Maritime Organization as the dedicated legal regime intended to prevent, control and ultimately eradicate the introduction and spread of harmful aquatic organisms and pathogens through ships' ballast water and sediments. By its Regulations, the Convention sets …

Unnatural Resource Law: Situating Desalination In Coastal Resource And Water Law Doctrines, Michael Pappas

Faculty Scholarship

This Article offers the first legal analysis of desalination, the process of converting saltwater into freshwater. Desalination represents a key climate change adaptation measure because the United States has exploited nearly all of its freshwater resources, freshwater demands continue to grow, and climate change threatens to diminish significantly existing freshwater supplies. However, scholarship has yet to address the legal ambiguities that desalination raises in the context of property, water law, and coastal resource doctrines.

This Article addresses these ambiguities and suggests the legal adaptations necessary to accommodate desalination as a climate change adaptation. Under current legal doctrines, the chain of …

When The State Demands Disclosure, Rebecca Aviel

Sturm College of Law: Faculty Scholarship

The obligation to provide certain types of information to government authorities — reporting child abuse, say, or insurance fraud — is proliferating. Are these laws enforceable against lawyers who obtain the sought-after information in the course of representing a client? This Article sets out to answer exactly that question. It begins by explaining why it is wrong to approach the question by balancing the policies that underlie attorney-client confidentiality against those underlying reporting statutes. Such an approach fails to grasp the essential nature of the question, which is one of legislative power and legislative intent. This Article is the first …

Torch (January 2011), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Union Citezenship: Impact, Influences And Challenges To Irish Immigration Laws., Ewaen Fred Ogieriakhi

Dissertations

The objective of this thesis firstly, is to attempt to explore the impact, influences and challenges that European Union citizenship rules and the adoption of the Citizens Rights Directive has on the right of Union citizens and their family members to reside in Ireland. The thesis examines the shift from “Market Citizenship”- from having adequate financial resources and sickness health insurance for the acquisition of right of residence to now recognizing right of residence for economically inactive persons.¹ The thesis assesses the impact of the relevant Treaty provisions on Free movement of Persons and the case laws of the …

Trademark's Unfair Nominative Fair Use Defense: Protecting E-Commentary From Censorship By Corporate Monoliths, Tom Abeles

UC Law SF Communications and Entertainment Journal

This article is concerned with the problem when an in-house attorney with vast resources and experience sends a cease and desist letter to a smaller review site, who may not have the resources to hire an attorney. A modest website may surrender to the request of a powerful corporation, especially if the cease and desist letter was overly intimidating. Website owners who are unfamiliar with trademark law present an attractive target in this situation and may not see a nominative fair use defense, which is not strong enough to protect these types of users. Review sites providing useful commentary or …

A Modern Library Class Action: The Google Book Settlement And The Future Of Digital Books, Courtney Nguyen

UC Law SF Communications and Entertainment Journal

In this modern age, electronic readers, devices used to read digital copies of books, are fast saturating the market. The Google Books Library Project ("Project") is but one source of digital books, albeit a hotly contested one. Since inception the Project has encountered sundry problems, ranging from copyright disputes to accusations of monopoly and unfair competition. Though Google has settled with several author's groups, the legality of the Project and the resulting Settlement Agreement is still challenged.

This note posits that in light of the ongoing legal problems and other troubles the Project faces, a private settlement agreement is not …

Leaks, Leakers, And Journalists: Adding Historical Context To The Age Of Wikileaks, Sandra Davidson

UC Law SF Communications and Entertainment Journal

The United States government has charged Pfc. Bradley Manning with leaking to Julian Assange and WikiLeaks unprecedented amounts of classified information. Prior to publishing the Afghan War Logs, WikiLeaks provided the documents to The New York Times and other newspapers around the world. This article begins by reviewing how Manning reportedly leaked the documents about the wars in Afghanistan and Iraq, as well as diplomatic cables. It then traces decades of legal precedents surrounding leaks, leakers, and journalists in the United States, suggesting similarities and differences between the past and present. This article thus provides a historical context for the …

Providing Attorneys For Children In Dependency And Termination Of Parental Rights Proceedings In Flordia: The Issue Updated, Michael J. Dale, Louis M. Reidenberg

Nova Law Review

No abstract provided.

Lessons From Bp: Deepwater Oil Drilling Is An Abnormally Dangerous Activity, Valerio Spinaci

Nova Law Review

No abstract provided.

Managing Corporate Federalism: The Least-Bad Approach To The Shareholder Bylaw Debate, Christopher M. Bruner

Scholarly Articles

Over recent decades, shareholders in public corporations have increasingly sought to augment their own power – and, correlatively, to limit the power of boards – through creative use of corporate bylaws. The bylaws lend themselves to such efforts because enacting, amending, and repealing bylaws are essentially the only corporate governance actions that shareholders can undertake unilaterally. In this Article I examine the contested nature of bylaws, the fundamental issues of corporate power and purpose that they implicate, and the differing ways in which state and federal lawmakers and regulators may impact the debate regarding the scope of the shareholders' bylaw …

Russia’S 'Orthodox' Foreign Policy: The Growing Influence Of The Russian Orthodox Church In Shaping Russia’S Policies Abroad, Robert C. Blitt

Scholarly Works

The government of Russia and the Russian Orthodox Church (ROC) - the country’s predominant religious group - recently underwent back-to-back changes in each institution’s respective leadership. This coincidence of timing has afforded a unique opportunity to reexamine the status of constitutional secularism and church-state relations in the Russian Federation.

In the short space of two years, the partnership of President Dmitri Medvedev and Patriarch Kirill has further entrenched a discriminatory three-tiered status system for religious groups and - perhaps more significantly - has generated multiple new channels of influence for the ROC in Russian social and political life, including handing …

Are People Self-Interested? The Implications Of Behavioral Economics On Competition Policy, Maurice Stucke

Book Chapters

No abstract provided.

Disparate Notions Of Fairness: Comparative Insider Trading Regulation In An Evolving Global Landscape, Joan Macleod Heminway

Book Chapters

No abstract provided.

Realizing Padilla's Promise: Ensuring Noncitizen Defendants Are Advised Of The Immigration Consequences Of A Criminal Convictions, Yolanda Vazquez

Faculty Articles and Other Publications

On March 31, 2010 the United States Supreme court decided Padilla v. Kentucky and created a Sixth Amendment duty for defense attorneys to advise defendants of the immigration consequences of a criminal conviction. While Padilla answered the broad question of whether there is a duty to advise a defendant under the Sixth Amendment, it left many questions unanswered. One critical inquiry is how defense attorneys and the courts will determine what advice concerning the immigration consequences of the criminal conviction will satisfy defense counsels’ Sixth Amendment duty under Padilla.

This Article discusses the potential detrimental impact of Padilla’s ambiguous holding …

The Wider Context: The Future Of Capital Markets Regulation In Developed Markets, Cally Jordan

Faculty Papers & Publications

At a time of such great turbulence, looking to the future directions of capital markets and their regulation in developed economies is a particularly risky business. We are in the midst of a great sea change. Nevertheless, there are several current, and readily observable, phenomena which are likely to shape capital markets regulation in the near future. First of all, the blurring of the distinctions between developed and developing markets themselves, as well as that between domestic and international markets, has put into question the adequacy of existing regulatory frameworks. Also, the transatlantic dialogue, London – New York, has given …

Chapter 6: State-Building And Democracy, Erin Mccandless, Mary H. Schwoebel

Conflict Resolution Studies Faculty Book and Book Chapters

No abstract provided.

Statutory Supplement To Employment Discrimination: A Context And Practice Casebook, Susan Grover, Sandra F. Sperino, Jarod S. Gonzalez

Faculty Articles and Other Publications

No abstract provided.

What Mcdonald Means For Unenumerated Rights, A. Christopher Bryant

Faculty Articles and Other Publications

In June a splintered Supreme Court held in McDonald v. City of Chicago that the Second Amendment applied to state and local governments. But the case was about much more than handguns. It presented the Court with an unprecedented opportunity to correct its own erroneous precedent and revive the Fourteenth Amendment’s Privileges or Immunities Clause. The plurality declined the offer not, as Justice Alito’s opinion suggested, out of a profound respect for stare decisis, but rather because at least four Justices like the consequences of that ancient error, especially insofar as unenumerated rights are concerned. This observation in turn raises …

Asean And The Evolving State Of Human Rights, Hilary Stauffer

Social Space

What is it about human rights in Asia that has international governments so worked up? According to Hilary Stauffer, it is not necessarily about differences in culture and geography.

Engaged Client-Centered Representation Of The Moral Foundations Of The Lawyer-Client Relationship, Katherine R. Kruse

Hofstra Law Review

The field of legal ethics, as we know it today, has grown out of thoughtful, systematic grounding of lawyers’ duties in a comprehensive understanding of lawyers’ roles and the situating of lawyers’ roles in underlying theories of law, morality and justice. Unfortunately, the field of theoretical legal ethics has mostly lost track of the thing at the heart of a lawyers’ role: the integrity of the lawyer-client relationship. The field of theoretical legal ethics has developed in ways that are deeply lawyer-centered rather than fundamentally client-centered. This paper, which was delivered at Hofstra Law School as the Lichtenstein Distinguished Professor …

Chevron's Foundation, Mark Seidenfeld

Scholarly Publications

This Article addresses the question of how a court can justify deferring to an administrative agency interpretation of a statute under the Chevron doctrine given the accepted understanding that Article III of the Constitution makes the judiciary the ultimate decider of the meaning of law in any case or controversy that is properly before a court. It further considers the ramifications of the answer to that question on the potential forms that any doctrine of interpretive deference may assume.

This Article first rejects congressional intent to delegate interpretive primacy to agencies as the basis for Chevron. It argues that such …

The Most Ethical Of People, The Least Ethical Of People: Proposing Self-Determination Theory To Measure Professional Character Formation, Lawrence S. Krieger

Scholarly Publications

No abstract provided.