Law Commons^™

Bryant V. Holder - U.S. Reply Brief, Eric Holder

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Goudy-Bachman V. Hhs - District Court Order Denying 12(B)(1), United States District Court For The Middle District Of Pennsylvania

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Gender Integration Of The Legal Academy: The Role Of The Aals Section On Women In Legal Education, Stephanie M. Wildman

Faculty Publications

No abstract provided.

Introduction To Symposium Issue, Uncovered: The Policing Of Sex Work, Hannah Haksgaard

Faculty Publications

No abstract provided.

Forum, Federalism, And Free Markets: An Empirical Study Of Judicial Behavior Under The Dormant Commerce Clause Doctrine, Mehmet K. Konar-Steenberg, Anne F. Peterson

Faculty Scholarship

This study examines judicial behavior under the dormant Commerce Clause doctrine by drawing on an original database of 459 state and Federal appellate cases decided between 1970 and 2009. The authors use logit regression to show that state judges are more likely to uphold state and local laws against dormant Commerce Clause attack than their Federal judicial counterparts, a result that is consistent with the interstate rivalry issues animating the doctrine. The study also finds that Republican-dominated judicial panels at the state level are more likely to side with tax challengers invoking the dormant Commerce Clause doctrine than are Democratic …

Engaged Client-Centered Representation And The Moral Foundations Of The Lawyer-Client Relationship, Kate Kruse

Faculty Scholarship

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 …

A Review Of Beyond Citizenship: American Identity After Globalization, By Peter J. Spiro, Andy Williams

Indiana Journal of Global Legal Studies

No abstract provided.

The (Im)Possibility Of "Standard Technical Measures" For Ugc Websites, Lauren G. Gallo

Kernochan Center for Law, Media, and the Arts

In today’s highly litigious legal landscape, one might doubt that there could ever be an “open, fair, voluntary” agreement between copyright owners and service providers to police infringement. Congress nevertheless envisioned such a consensus when it developed § (i) of the Digital Millennium Copyright Act (DMCA): “Conditions for [Safe Harbor] Eligibility.” An often-overlooked provision of the DMCA, § 512(i) directs right holders and Internet service providers to work together and agree on “standard technical measures” to “identify or protect copyrighted works.” In addition to being the product of consensus, these measures must be “available ... on reasonable and nondiscriminatory terms” …

Audiovisual Works And The Work For Hire Doctrine In The Internet Age, John L. Schwab

Kernochan Center for Law, Media, and the Arts

The work for hire doctrine is a legal mechanism by which the creator of an artistic work’s employer is deemed the author of that work. While, historically, such employer ownership schemes were not recognized by courts, today the work for hire doctrine is a firmly embedded part of American copyright law. In particular, work for hire has developed into an essential tool of the audiovisual entertainment industry. As discussed in Part I.B, infra, there are a number of reasons that work for hire is a particularly useful ownership allocation scheme for audiovisual works.

Modern technological developments are, however, rapidly altering …

Moving Upstream: The Merits Of A Public Health Law Approach To Human Trafficking, Jonathan Todres

North Carolina Law Review

No abstract provided.

Municipal Predatory Lending Regulation In Ohio: The Disproportionate Impact Of Preemption In Ohio's Cities, Brett Altier

Cleveland State Law Review

Whether in the case of predatory lending or other issues that will differ from location to location, municipalities should continue to protect their cities by exercising their power under the Home Rule Amendment to enforce regulations not in direct conflict with Ohio law. Even though the Framers of the Home Rule Amendment intended to protect municipal power by ensuring that only those ordinances in actual conflict would be voided, Ohio courts have denied municipalities their Home Rule police power by applying a conflict by implication test, contributing to the housing crisis still plaguing Ohio's cities. While Ohio courts have made …

Committee Capture? An Empirical Analysis Of The Role Of Creditors' Committees In Business Reorganizations, Michelle M. Harner, Jamie Marincic

Faculty Scholarship

The number of businesses experiencing financial distress increased significantly during the past several years. The number of Chapter 11 reorganization cases likewise rose. And many of these business failures were spectacular, leaving little value for creditors and even less for shareholders. Consequently, how the business debtor’s limited asset pie is divided and who gets to allocate the pieces are very relevant and important questions.

The U.S. Bankruptcy Code generally contemplates the appointment of a committee of the debtors’ unsecured creditors to serve as a fiduciary for all general unsecured creditors and as a statutory watchdog over the debtor and its …

Lessons From The North Sea: Should "Safety Cases" Come To America?, Rena I. Steinzor

Faculty Scholarship

The catastrophic oil spill in the Gulf of Mexico last spring and summer has triggered an intense search for more effective regulatory methods that would prevent such disasters. The new Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) is under pressure to adopt the British “safety case” system, which requires the preparation of a facility-specific plan that is typically several hundred pages long. This system is supposed to inculcate a “safety culture” within companies that operate offshore in the British portion of the North Sea because it overcomes a “box-ticking” mentality and constitutes “bottom up” implementation of safety measures. …

Overwhelming A Financial Regulatory Black Hole With Legislative Sunlight: Dodd-Frank’S Attack On Systemic Economic Destabilization Caused By An Unregulated Multi-Trillion Dollar Derivatives Market, Michael Greenberger

Faculty Scholarship

It is now accepted wisdom that it was the non-transparent, poorly capitalized and almost wholly unregulated over-the-counter (“OTC”) derivatives market that lit the fuse that exploded the highly vulnerable worldwide economy in the fall of 2008.[1] Because tens of trillions of dollars of these financial products were pegged to the economic performance of an overheated and highly inflated housing market, the sudden collapse of that market triggered under-capitalized OTC derivative guarantees of the subprime housing market; and the guarantors’ multi-trillion dollar interconnectedness with thousands of other OTC derivatives’ counterparties within that OTC market (through interest rate, currency, foreign exchange, and …

Guardianship And Its Alternatives: A Handbook On Maryland Law, Virginia Rowthorn, Ellen A. Callegary

Faculty Scholarship

No abstract provided.

Essay: How To Hold A State Constitutional Convention In The Twenty-First Century , Ann M. Lousin

Loyola of Los Angeles Law Review

Although few states have held constitutional conventions in recent decades, there is renewed interest in holding state constitutional conventions in the twenty-first century. This Essay explains the author’s views on holding such a convention, based on her experience in Illinois and with a view toward a California convention. The author believes that the two keys to a successful convention in the twenty-first century are extensive preparation and transparency. Only with preparation can the delegates and staff of a convention draft a document worthy of adoption. Only with great transparency of the process, especially in the Internet age, can the citizens …

Can A Citizens’ Commission Help Repair California Government? Lessons From Local Charter Reform, Raphael J. Sonenshein

Loyola of Los Angeles Law Review

While there is widespread agreement that there is a crisis of governance in California, there is little consensus on what institutional structure would best facilitate useful reform. Although the idea of a constitutional convention captured the imagination of the reform community, it failed to generate enough financial and political support to be implemented. The citizens’ commission, another model of reform, has been largely ignored. Yet hundreds of municipal reforms have widely and successfully used the commission model over the past century. Some state constitutional reforms outside California have successfully used such commissions. Further, the legendary U.S.Constitutional Convention of 1787 more …

California Supreme Court Initiative Reviews, 2000–2010, Gerald F. Uelman

Loyola of Los Angeles Law Review

The single-subject rule has been part of the California Constitution since 1948. However, the California Supreme Court had never declared that an initiative violated this requirement until Senate of California v. Jones in 1999. This ruling seemed to suggest that the court would control the ambitions of the fourth branch of government—initiative drafters. Since Jones, the California Supreme Court, in six different cases, has examined initiatives for compliance with the single-subject rule and the prohibition on constitutional revisions. By reviewing all six of these cases, this Article explains that the original hope of Jones's impact on initiatives was …

From Crisis To Solution—California’S Problems In Two Books: A Review Of Remaking California And California Crackup, John S. Caragozian

Loyola of Los Angeles Law Review

No abstract provided.

Mining For Manny: Electronic Search And Seizure In The Aftermath Of United States V. Comprehensive Drug Testing, Kimberly Nakamaru

Loyola of Los Angeles Law Review

As a part of a federal investigation of the Bay Area Lab Cooperative (BALCO) for allegedly providing illegal steroids to professional baseball players, the U.S. government received a warrant to search Comprehensive Drug Testing, Inc.’s computers that contained confidential test results of ten players who they had probable cause to believe received steroids from BALCO. In 2010, the Ninth Circuit majority in United States v. Comprehensive Drug Testing, Inc. held that the government executed an unconstitutional “dragnet” search by examining the entire computer directory containing the test results of all professional athletes rather than just the records of those players …

Expanding Regional Renewable Governance, Hannah J. Wiseman

Scholarly Publications

Energy drives economies and quality of life, yet accessible traditional fuels are increasingly scarce. Federal, state, and local governments have thus determined that renewable energy development is essential and have passed substantial requirements for its use. These lofty goals will fail, however, if policymakers rely upon existing institutions to govern renewable development. Renewable fuels are fugitive resources, and ideal property for renewable technology is defined by the strength of the sunlight or wind that flows over it. When a potential site for a utility-scale development is identified, a new piece of property, which I call a “renewable parcel,” is superimposed …

Economics, Behavioral Biology, And Law, Erin O'Hara O'Connor

Scholarly Publications

This article compares the relevance to law of two unexpectedly similar fields: economics and behavioral biology. It first examines the assumptions, core concepts, methodological tenets, and emphases of the two fields. It then compares the interdisciplinary fields of law and economics, on one hand, with law and behavioral biology, on the other—highlighting not only important similarities but also important differences. The article subsequently explores ways that biological perspectives on human behavior may, among other things, improve economic models and the behavioral insights they generate. The article concludes that although there are important differences between the two fields, the overlaps between …

Fugitive Operations And The Fourth Amendment: Representing Immigrants Arrested In Warrantless Home Raids, Nathan Treadwell

North Carolina Law Review

No abstract provided.

A Proposal For Land Bank Legislation In North Carolina, Stuart Pratt

North Carolina Law Review

No abstract provided.

Fighting Fire With Fire; Reforming The Health Care System Through A Market-Based Approach To Medical Tourism, Heather T. Williams

North Carolina Law Review

No abstract provided.

Patent Claim Obviousness In Jury Trials: Where's The Analysis?, Wesley A. Demory

Journal of Business & Technology Law

No abstract provided.

Introduction, James C. Nelson

Montana Law Review

Introduction

Opting For Change Or Continuity? Thinking About 'Reforming' The Judicial Article Of Montana's Constitution, Andrew P. Morriss

Montana Law Review

Opting for Change or Continuity

Indian Education For All: Montana's Constitution At Work In Our Schools, Carol Juneau, Denise Juneau

Montana Law Review

Indian Education for All

Recent Decisions Affecting The Montana Practitioner

Montana Law Review

Recent Decisions Affecting the Montana Practitioner