Law Commons^™

Interpreting Tort Law, Emily Sherwin

Florida State University Law Review

No abstract provided.

Deep Irony - The Law Of The Gift, Iris Goodwin

Scholarly Works

No abstract provided.

Harming Business Clients With Zealous Advocacy: Rethinking The Attorney Advisor's Touchstone, Paula Schaefer

Scholarly Works

Joseph Collins was a successful business lawyer, with a sophisticated practice at Mayer Brown LLP. In January 2010, Collins was sentenced to seven years in prison for his role in a massive fraud that cost investors millions and sent his client Refco, Inc. into bankruptcy. At sentencing, the judge reportedly stated, “I think this is a case of excessive loyalty to his client.” Collins’ own testimony reflects a lawyer who believed he was zealously representing his client's interests. But in reality, Collins’ conduct was not “loyal” to his client. He contributed to his client’s destruction.

With the Collins example and …

As 2012 Beckons: How Will Leadership Succession Shape Us And China Policies In A Year Of Change?, Knowledge@Smu

Knowledge@SMU

China’s President Hu Jintao has ended his state visit to America last month with not just US$47 billion worth of commercial deals, but also some conciliatory gestures. Nevertheless, the looming question is what will happen in 2012, with a new team of Chinese leaders taking over, while US President Barack Obama stands for re-election. Events over the past year have marked more ups than downs in the relationship between these two giants. What worries the Chinese leaders? What are domestic issues affecting their conduct of foreign policy? University of Virginia's Harry Harding shares his take with SMU.

The Risks Of Reward: The Role Of Executive Compensation In Financial Crisis, Erica Beecher-Monas

Law Faculty Research Publications

This Article examines the role of unbridled executive pay in exacerbating what Keynes called the "animal spirits" of the market. It analyzes the ways in which theoretical bases of executive pay structures diverge from reality, and the stakes for the firm and society in skyrocketing pay practices unlinked to performance. Various regulatory efforts, including the executive pay provisions of the Dodd-Frank Act, are intended to better align pay with performance. This article discusses these provisions and analyzes them in light of behavioral economics. Curbing executive pay is vital to controlling risk and preventing economic collapse, but the dynamics of group …

Letter Of Credit Litigation Under Ucc Article 5: A Case Of Statutory Preemption, John F. Dolan

Law Faculty Research Publications

In this article, Professor Dolan maintains that UCC Article 5 fashions a comprehensive remedy scheme for recurring damages claims in letter of credit litigation. That scheme, he contends, is upset by the introduction of most common law causes of action in Article 5 litigation. He concludes, therefore, that courts should not entertain those common law claims, which he sees as destructive of letter of credit law and of the unique commercial nature of letters of credit. Using the economic loss doctrine and similar theories, he urges courts to dismiss actions brought in addition to or in lieu of the remedies …

Rethinking Parental Incarceration, Sarah Abramowicz

Law Faculty Research Publications

Recent changes in sentencing law, in the wake of cases interpreting Blakely v. Washington and United States v. Booker, have raised the possibility that courts sentencing parents may take children's interests into account more extensively than had previously been permissible. Now is thus an opportune time to reevaluate the merits of considering children's interests when sentencing parents. This Article uses the perspective of family law to offer a new rationale for, and a new approach to, taking children's interests into account when sentencing their parents. It does so by bringing out the connection between the debate over parental incarceration and …

Modal Retributivism: A Theory Of Sanctions For Attempts And Other Criminal Wrongs, Anthony M. Dillof

Law Faculty Research Publications

No abstract provided.

Coase And The Constitution: A New Approach To Federalism, F.E Guerra-Pujol

Richmond Journal of Law and the Public Interest

This paper proposes a new approach to the centuries-old question of federalism. In a word, we approach the problem offederalism from a Coasian or property-rights perspective. That is, instead of attempting to draw an arbitrary boundary line between state and federal spheres of power through traditional legal or semantic analysis of the constitution and previous judicial precedents, this paper proposes the creation of alternative 'federalism markets" in which governmental powers and functions would be allocated to Congress, the states, or even private firms through decentralized auction mechanisms and secondary markets. The paper is divided into five parts. Following a brief …

Sanctuary From De Facto Deportation: The New Sanctuary Movement And De Facto Deportation Claims For Children Challenging Illegal Immigrant Parents' Removal Orders, Kristin Maun

Richmond Journal of Law and the Public Interest

This comment will give an overview of past and present sanctuary movements, the legal strategies they have formulated to defend those whom they shelter, and their impact on immigration law and policy. Then it will examine the particular strategy of de facto deportation-the NSM's legal strategy of choice-to understand what is necessary to establish the claim, and whether it could nullify an alien parent's removal order. Next, it will analyze two legal principles underlying de facto deportation claims: the right of a child to be raised by his parents and the right of a citizen child to reside in the …

Dred Scott V. Sandford: A Prelude To The Civil War, Faith Joseph Jackson

Richmond Journal of Law and the Public Interest

This article will first review the foundational cracks that slavery left in the creation of the United States' Constitution. It will then examine the ensuing legislative efforts to contend with the political and societal consequences of the slavery divide. Next, it will discuss the history behind the Scott case, and the course and resolution of the case in the court system. It will then describe the notoriety of the case and the impact it had on the events leading up to the war. It will conclude with an analysis of Dred Scott's position at the locus of only real conflict …

After Lehman: International Response To Financial Disputes - A Focus On Hong Kong, Shahla F. Ali, John Koon Wang Kwok

Richmond Journal of Global Law & Business

No abstract provided.

Responses To The Ten Questions, Charles J. Dunlap Jr.

William Mitchell Law Review

No abstract provided.

Civil Recourse And Social Equality, Jason M. Solomon

Florida State University Law Review

No abstract provided.

Taking International Law At Its Spirit: Re-Envisioning Responsibility To Protect As A Binding Principle Of International Law, Tessa Davis

Florida State University Law Review

No abstract provided.

The Community Aspect Of Private Ownership, Nadav Shoked

Florida State University Law Review

No abstract provided.

Lost In Doctrine: Particular Social Group, Child Soldiers, And The Failure Of U.S. Asylum Law To Protect Exploited Children, Tessa Davis

Florida State University Law Review

No abstract provided.

A New Role For Tortious Interference In The Digital Age: A Model To Enforce End User License Agreements, Jessica Gallegos

Florida State University Law Review

No abstract provided.

Swift Boat Captains Of Industry For Truth: Citizens United And The Illogic Of The Natural Person Theory Of Corporate Personhood, Matthew J. Allman

Florida State University Law Review

No abstract provided.

Restoring The Balance After The Private Securities Litigation Reform Act Of 1995, Laura A. Mcdonald

Florida State University Law Review

No abstract provided.

Sent ‘Home’ With Nothing: The Deportation Of Jamaicans With Mental Disabilities, Georgetown University Law Center, Human Rights Institute

HRI Papers & Reports

No abstract provided.

To Gauge An Understanding Of How Boundaries Are Perceived In Ireland By Landowners, Daragh O'Brien, William Prendergast

Conference Papers

Recent anecdotal evidence from property professionals indicates that there has been a significant increase in boundary disputes in Ireland since the phased publication of the Land Registry digital map in 2005. There is a need to investigate this development in order to confirm or refute this trend and attempt to identify the issues causing these disputes. There is an absence of detailed information on the causes and types of boundary disputes within the Irish Legal system. This project aims to address this lack of information by collecting comprehensive information on a range of case studies over the past 5 years …

Religion, Feminism And Abortion: The Regulation Of Assisted Reproduction In Two Catholic Countries, Richard Storrow

Publications and Research

No abstract provided.

The Ethics Of Exclusion In Infertility Care, Richard Storrow

Publications and Research

No abstract provided.

A Century Of Excellence: Columbus Community Legal Services And The Catholic University Law Review Celebrate Milestone Anniversaries, Thomas Haederle

Miscellaneous Historical Documents

An article appearing in the Winter 2011 issue of CUA Lawyer celebrating the achievements of the Clinic and the Law Review over the years.

The Fairness Doctrine In Light Of Hostile Media Perception, R. Trevor Hall, James C. Phillips

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

The Smart Grid: The Complexities And Importance Of Data Privacy And Security, H. Russell Frisby Jr., Jonathan P. Trotta

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

Sex Equality's Unnamed Nemesis, Veronica Percia

Michigan Journal of Gender & Law

Sex inequality still exists. However, its manifestations have evolved since the early sex inequality cases were heard in courts and legislatures first began structuring statutory regimes to combat it. In particular, so-called "facial" discrimination against men and women on the basis of sex has no doubt decreased since the advent of this legal assault on sex inequality. Yet the gendered assumptions that structure our institutions and interactions have proven resilient. With sex discrimination now operating more covertly, the problem of sex inequality looks considerably different than it once did. Courts, however, have failed to successfully respond to the changing contours …

Volunteers: The Power Of Community Mediation, Becky Jacobs

College of Law Faculty Scholarship

This article considers the use of volunteer mediators to reduce costs for community mediation centers (CMCs) and to offer the communities they serve effective and cost effective mediation or facilitation services.

Rethinking The Giant Mess That Is Employment Discrimination Law, Alex B. Long

Scholarly Works

No abstract provided.