Law Commons^™

Litigating The Long War On Terror: The Role Of Al-Aulaqi V. Obama, Lesley Wexler

Loyola University Chicago International Law Review

No abstract provided.

The Evolution Of International Law: Arcs And Cycles, Michael J. Kelly

Case Western Reserve Journal of International Law

No abstract provided.

What Is This Case Doing Here? Human Rights Litigation In The Courts Of The United States, Steven M. Schneebaum

Case Western Reserve Journal of International Law

No abstract provided.

Multiemployer Bargaining And Monopoly: Labor-Management Collusion And A Partial Solution, Anthony B. Sanders

West Virginia Law Review

Multiemployer collective bargaining relationships between un- ions and employer associations easily devolve into legalized cartels. Once unions establish themselves as the bargaining representative for employers' employees, the employers have much to gain from banding together as an association, raising their prices and eliminating non-union competition, with unions happily serving as enforcement agents in the scheme. In return, unions receive a share of the increased oligopolistic profits in the form of higher wages and benefits. A threat to such a cartel is an employer who wants to bargain with the union but does not want to accept the terms the associ- …

Modem Products Liability Law In West Virginia, Philip Combs, Andrew Cooke

West Virginia Law Review

No abstract provided.

The Researcher Rat's Culture And Ease Of Access To The Publication Lever: Implications For The Patentability Of University Scientific Research, Joshua R. Nightingale

West Virginia Law Review

No abstract provided.

Once, Twice, Three Times A Victim: Why A Defendant In A Sexual Assault Case Has No Right To Compel Physical Examinations, Jenny M. Flanigan

West Virginia Law Review

No abstract provided.

How Much Should China Pollute?, John Copeland Nagle

Journal Articles

The debate concerning how much China should pollute is at the heart of international negotiations regarding climate change and environmental protection more generally. China is the world’s leading polluter and leading emitter of greenhouse gases. It insists that it has a right to emit as much as it wants in the future. China interprets the principle of “common but differentiated responsibilities” to mean that China has a responsibility to help avoid the harmful consequences associated with climate change, but that its responsibility is different from that imposed on the United States and the rest of the developed world. In fact, …

The Skeleton Key: Will The Federal Health Care Reform Legislation Unlock The Solutions To Diverse Dilemmas Arising From The State Health Care Reform Laboratories , Christopher R. Smith

Journal of Law and Health

Given that the Reform Law is not operating on a blank slate, this article examines its impact on the health care reform efforts of three states: Hawaii, Maine, and Vermont. More specifically, this article examines each state’s health care reform plan, the outcomes of each plan in terms of achieving universal coverage or near universal coverage, and the likely impact of the federal health care reform legislation on these plans, with a particular focus on how the federal legislation and state laws will or will not work together to achieve near-universal coverage. The article aims to determine whether the Reform …

Adding Injury To Insult: Injurious Speech On The Internet And Its Implications For The First Amendment, Shelly Rosenfeld

UC Law SF Communications and Entertainment Journal

Cyberbullying became a major news story after a MySpace message took a deadly toll on a teenager. This paper examines how injurious speech case law in traditional print and broadcast media balances protecting victims who suffer emotional or physical harm while still preserving publisher's First Amendment rights. These cases provide a framework within which the injurious speech jurisprudence can be applied to emerging forms of communication, including the Internet.

By exploring the injurious speech cases from broadcast and print, this Note deals with the following issues: Can a public figure sue the press for intentionally inflicting emotional distress? What are …

Editorial Board, Montana Law Review

MLR Editorial Boards

Editors-in Chief Lee Baxter John Sullivan Managing Editor Hanna Schantz Business Editor Sterling Laudon Executive Editors Francesca DiStefano Katharine Leque Articles Editors David Bigger Zach Franz Intake Editors Seamus Molloy Josh VanSwearingen Notes Editors Haley Connell John Semmens Staff Mackenzie Bloom Paul Burdett Jessica Finley Justin Harkins Stephanie Holstein Peter Ivins Jesse Koadadek Jeffrey Kuchel Amy McNulty William Mac Morris Samuel Preta Gale Price Hannah Tokerud Faculty Advisor J. Martin Burke

"Male" Order Brides And International Marriage Brokers: The Costly Industry That Facilitates Sex Trafficking, Prostitution, And Involuntary Servitude, Carin M. Bowes

Cardozo Journal of Equal Rights & Social Justice

The article argues that the international marriage broker (IMB) industry, commonly associated with "mail-order brides," facilitates severe human rights violations, including sex trafficking, prostitution, and involuntary servitude. Despite legal efforts like the International Marriage Broker Regulation Act (IMBRA), the industry remains exploitative, with current regulations failing to adequately protect women from abuse and exploitation.

California Penal Code Sec. 270.1: A Constitutionally Impermissible Attempt To Combat Truancy, Alison Cordova

UC Law Constitutional Quarterly

In the 2008-2009 academic school year, over a quarter of the California public school student population was truant. There is a well established correlation between truancy and dropping out of high school. And high school dropouts make up over three quarters of the prison population of the State of California.

Responding to this alarming domino effect, the California Legislature enacted Penal Code section 270.1 in September, 2010. This statute imposes criminal liability on parents of chronically truant students for not encouraging or supervising their child's school attendance. While the aim of this law is clearly to attack criminality before it …

The "Right" To Be Trafficked, Charles Piot

Indiana Journal of Global Legal Studies

The post-Cold War dispensation in Togo, West Africa, ushered in a new lexicon of politically salient terms, among them droits de 1'homme. Initially deployed in the early 1990s by members of the political opposition to expose dictatorial abuse, this potent signifier then found its way into society at large and, spurred by NGO support, was taken up by women's groups in struggles over gender inequality. This essay explores droits de l'homme's itinerary in the villages of northern Togo where teenage children embraced the term in proclaiming their freedom from parental control. Ironically, the same children now leave their villages to …

The End Of Innocence? Federal Habeas Corpus Law After In Re Davis, Joshua M. Lott

Georgia State University Law Review

“This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent.” Justice Scalia may already be well known for a strict approach to statutory construction, but his dissenting statement in the 2009 Supreme Court decision, In re Davis, caused quite a buzz among national media. Although callous in appearance, Justice Scalia’s words provide a technically correct reading of Supreme Court precedent and federal habeas corpus law: actual innocence is not a recognized claim of …

Funding Stem Cell Research: The Convergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone

Faculty Publications

The controversy over the funding of stem cell research by the federal government is used as a case study for examining how policy choices are made in the field of public bioethics. This article examines the manner in which the decision to fund stem cell research has been influenced by the convergence of evolving scientific knowledge, conflicting religious values, and the role of elected officials in a representative democracy. The article begins by reviewing the current state of scientific knowledge concerning adult stem cells, embryonic stem cells, induced pluripotent stem cells, and the process of direct cell re-programming. Because each …

The Forgotten Employee Benefit Crisis: Multiemployer Benefit Plans On The Brink, Paul M. Secunda

Faculty Publications

This article provides a first time look at the numerous challenges facing multiemployer or Taft-Hartley benefit plans in the post-global recession and health care reform world. These plans have provided pension, health, and welfare benefits to union members of smaller employers in itinerant industries for over sixty years and even today, these plans collectively have over ten million participants in over 1500 plans.

Multiemployer plans are increasingly mired in financial trouble and are finding it more difficult to continue to provide adequate retirement and health benefits to their members. Although they once represented one of the great triumphs in American …

Wisconsin Supreme Court And Legislative History, Patricia A. Cervenka

Faculty Publications

Legislative history has been directly mentioned more than 1,800 times in the body of Wisconsin Supreme Court opinions. In 1927, the Wisconsin Legislature established the Legislative Reference Bureau (LRB) to maintain files of drafting records for each proposed bill. Since the late 1990s, the files have been available electronically to make the information more accessible to lawyers appearing in Wisconsin courts.

Library Without Walls - A Year Later, Patricia A. Cervenka

Faculty Publications

No abstract provided.

Foreward: Lessons From Other Countries: Comparative Pension Law, Paul M. Secunda

Faculty Publications

No abstract provided.

Alimony: What Social Science And Popular Culture Tell Us About Women, Guilt, And Spousal Support After Divorce, Judith G. Mcmullen

Faculty Publications

Over the past few decades, fewer divorcing women have received alimony, and when alimony awards are made, they are in declining amounts and for shorter periods of time. Conventional explanations of this trend focus on legal changes that have made divorces easier to obtain, as well as social changes that have led to larger numbers of married women in the paid workforce, and to greater social tolerance of divorce. Certainly these changes partly explain the downward trend in alimony, but they do not fully explain why alimony awards continue to decline, even among women who do not have viable job …

Private Rights In Public Lands: The Chicago Lakefront, Montgomery Ward, And The Public Dedication Doctrine, Joseph D. Kearney, Thomas W. Merrill

Faculty Publications

No abstract provided.

Sonic Bust: Trying To Retain Major League Franchises In Challenging Financial Times, Paul M. Anderson, W. S. Miller

Faculty Publications

This article analyzes the relationship between a city and team. It uses the litigation surrounding the Seattle Sonics move to Oklahoma City to show how the relationship can break down. The authors then argue that judicial remedies will often be inadequate unless substantiated with strong lease language.

Beyond Rehabilitation: A New Theory Of Indeterminate Sentencing, Michael M. O'Hear

Faculty Publications

Indeterminate sentencing - that is, sentencing offenders to a range of potential imprisonment with the actual release date determined later, typically by a parole board - fell into disrepute among theorists and policymakers in the last three decades of the twentieth century. This sentencing practice had been closely associated with the rehabilitative paradigm in criminal law, which also fell from favor in the 1970’s. In the years that followed, most states eliminated or pared back the various devices that had been used to implement indeterminate sentencing, especially parole release. Yet, sentencing remained indeterminate most places to varying degrees, and now …

Sheep In Wolves' Clothing: Removing Parens Patriae Suits Under The Class Action Fairness Act, Alexander Lemann

Faculty Publications

This Note examines the applicability of the Class Action Fairness Act’s (CAFA) removal provisions to parens patriae suits. CAFA expanded federal diversity jurisdiction to include class actions with minimal diversity, doing away with a rule that had kept most class actions in state court. Although CAFA does not mention parens patriae suits, their inherent similarity to class actions raised the question of whether they too could now be removed to federal court. The Fifth Circuit, in Louisiana ex rel. Caldwell v. Allstate Insurance Co., has held that the real parties in interest — those whose injuries form the basis of …

The Conundrum Of Climate Change Causation: Using Market Share Liability To Satisfy The Identification Requirement In Native Village Of Kivalina V. Exxonmobil Co., Samantha Lawson

Fordham Environmental Law Review

No abstract provided.

Down The Drain: Pharmaceutical Waste Disposal In The United States, Toby K. Morgan

Fordham Environmental Law Review

No abstract provided.

The Exercise Of Local Control Over Gas Extraction, Michelle L. Kennedy

Fordham Environmental Law Review

No abstract provided.

How Epa Could Implement A Greenhouse Gas Naaqs, Rich Raiders

Fordham Environmental Law Review

No abstract provided.

Rainwater Harvesting Under Colorado's Prior Appropriation Doctrine: Property Rights And Takings, Stephen N. Bretsen

Fordham Environmental Law Review

No abstract provided.