Law Commons^™

Anticompetitive Regulation In The Payment Card Industry, Ronald J. Mann

Faculty Scholarship

The payment card industry in the United States has come under increasing scrutiny in recent years. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 reflects a high-water mark of congressional influence for the industry, altering bankruptcy procedures largely for the benefit of card issuers. Since that point, Congress has turned repeatedly to rein in perceived abuses in the industry. The most substantial and direct response to the perception of abuse is the Credit Card Accountability Responsibility and Disclosure Act of 2009. That statute was focused directly on the card industry and outlawed a wide variety of industry practices. …

International Antitrust Cooperation And The Preference For Nonbinding Regimes, Anu Bradford

Faculty Scholarship

Today, multinational corporations operate in increasingly international markets, yet antitrust laws regulating their competitive conduct remain national. Thus, corporations are subject to divergent antitrust regimes across the various jurisdictions in which they operate. This increases transaction costs, causes unnecessary delays, and raises the likelihood of conflicting decisions. The risks inherent in multi-jurisdictional regulatory review were prominently illustrated in the proposed GE/Honeywell acquisition, which failed following the European Union’s (“EU”) decision to prohibit the transaction despite its earlier approval in the United States. Inconsistent remedies imposed on Microsoft following parallel investigations by both the U.S. and EU authorities serve as another …

The Effect Of Female Education On Fertility And Infant Health: Evidence From School Entry Policies Using Exact Date Of Birth, Justin Mccrary, Heather Royer

Faculty Scholarship

This paper uses age-at-school-entry policies to identify the effect of female education on fertility and infant health. We focus on sharp contrasts in schooling, fertility, and infant health between women born just before and after the school entry date. School entry policies affect female education and the quality of a woman’s mate and have generally small, but possibly heterogeneous, effects on fertility and infant health. We argue that school entry policies manipulate primarily the education of young women at risk of dropping out of school.

Impartial Patents, Clarisa Long

Faculty Scholarship

Over the past decade or more, a rising sense of dissatisfaction with patent law has begun to creep across the patent community. A number of factors no doubt have contributed to this sense of dissatisfaction, among them the perception that patents are too often being enforced by “trolls” (if you don’t like them) or “nonpracticing entities” (if you want to remain neutral). Professor Parchomovsky and Mr. Mattioli propose a solution in which they create two new forms of patent protection that they call “quasi-patents” and “semi-patents” – or generically, “partial patents.” Partial patents are designed to be cheaper to obtain …

The Uk Supreme Court Speaks To International Arbitration: Learning From The Dallah Case, George A. Bermann

Faculty Scholarship

Rarely, over the decades following its entry into force, was the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, or New York Convention, the subject of a judgment of the UK House of Lords. Yet, within barely over a year after its succession to the House of Lords in October 2009, the United Kingdom Supreme Court delivered a judgment that may not make up for all that lost time, but is deeply instructive nonetheless. The decision in Dallah Real Estate and Tourism Holding Company v. Ministry of Religious Affairs, Government of Pakistan became the vehicle …

Factors In Juvenile Court Dispositions: Case Study Of A Rural Juvenile Court, Kevin Lee Kirk

Online Theses and Dissertations

The primary question of importance in this current study is what factors affect judges' dispositional rulings in a small rural Central Kentucky county. In order to evaluate these factors, this study involved a two stage process. The quantitative data were gathered from 120 Department of Juvenile Justice (DJJ) files dating back to 1999 that were processed through the study site small county court. The qualitative data were gathered through a series of structured interviews with court personnel. This current study provides descriptive statistics of the study cases that have been adjudicated delinquent with respect to their legal and extralegal characteristics, …

Access To Justice: The Use Of International Law Clinics To Advance The Case For Vulnerable Members Of Society, Yvonne Dausab

Maryland Journal of International Law

No abstract provided.

Foreword: International Clinics And The Global Clinical Movement, Frank S. Bloch

Maryland Journal of International Law

No abstract provided.

Teaching To The Paradoxes: Human Rights Practice In U.S. Law School Clinics, Deena R. Hurwitz

Maryland Journal of International Law

No abstract provided.

From Pedagogy To Partnership: Leveraging The Law Clinic To Institutionalize Cutting Edge Strategies In Transactional Labor Advocacy, Rachel Micah-Jones

Maryland Journal of International Law

No abstract provided.

Experimenting With Clinical Legal Education To Address The Disconnect Between The Larger Promise Of Law And Its Grassroots Reality In India, Ajay Pandey

Maryland Journal of International Law

No abstract provided.

Re-Imagining The Human Rights Law Clinic, Arturo J. Carillo, Nicolás Espejo Yaksic

Maryland Journal of International Law

No abstract provided.

Global Clinical Legal Education And International Partnerships: A Chinese Legal Educator's Perspective, Yanmin Cai

Maryland Journal of International Law

No abstract provided.

Swarna And Baoanan: Unraveling The Diplomatic Immunity Defense To Domestic Worker Abuse, Emily F. Siedell

Maryland Journal of International Law

No abstract provided.

Sarei V. Rio Tinto: How An Exhaustion Requirement For The Alien Tort Statute Will Further Exhaust Remedies For Environmental Injuries, Cheryl Cortemeglia

Maryland Journal of International Law

No abstract provided.

Black Carbon: The Most Important Ignored Contributor To Climate Change, Kate Deangelis

Maryland Journal of International Law

No abstract provided.

Structural Obstacles To Settlement Of Land Use Disputes, Stewart E. Sterk

Articles

In many states, legal doctrine discourages settlement of land use litigation by requiring that any settlement undergo the same review process as the decision that led to the litigation in the first place. The problem is exacerbated by broad standing rules that allow a variety of parties to challenge the settlement. As a result, municipalities and developers often have an incentive to litigate to judgment, even though both parties would prefer a negotiated or mediated solution.

On the other hand, permitting developers and municipalities to settle litigation behind closed doors could impair both the quality and the legitimacy of the …

Is Integration A Discriminatory Purpose?, Michelle Adams

Articles

Is integration a form of discrimination? Remarkably, recent Supreme Court doctrine suggests that the answer to this question may well be yes. In Ricci v. DeStefano, the Court characterizes - for the very first time - government action taken to avoid disparate-impact liability and to integrate the workplace as "race-based," and then invalidates that action under a heightened level of judicial review. Consequently, Ricci suggests that the Court is open to the "equivalence doctrine," which posits that laws intended to racially integrate are morally and constitutionally equivalent to laws intended to racially separate. Under the equivalence doctrine, integration is simply …

Designing Agency Independence, Gillian E. Metzger

Faculty Scholarship

How do we structure an agency to be independent? Not surprisingly, the answer to that question depends on what we want the agency to be independent from.

Subsidizing The Press, David M. Schizer

Faculty Scholarship

Through beat reporting and investigative journalism, reporters monitor the foundational institutions of our society. This reporting has value even to those who never buy a newspaper or read a website. For example, subscribers and nonsubscribers alike benefit when government officials respond to a critical news story by eliminating an abusive practice. Yet unfortunately, the professional press is experiencing a severe economic crisis. Layoffs are pervasive, and news organizations across the nation are on the brink of insolvency. As a result, a number of commentators have proposed government subsidies for the press. Yet if the press becomes financially dependent on the …

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

Faculty Scholarship

When one thinks of how the law protects public rights in open spaces, the public trust doctrine comes to mind. This is especially true in Chicago. The modem public trust doctrine was born in the landmark decision in Illinois Central Railroad Co. v. Illinois, growing out of struggles over the use of land along the margin of Lake Michigan in that city. Yet Chicago's premier park – Grant Park, sitting on that land in the center of downtown Chicago – owes its existence to a different legal doctrine. This other doctrine, developed by American courts in the nineteenth century, …

Universal Exceptionalism In International Law, Anu Bradford, Eric A. Posner

Faculty Scholarship

A trope of international law scholarship is that the United States is an "exceptionalist" nation, one that takes a distinctive (frequently hostile, unilateralist, or hypocritical) stance toward international law. However, all major powers are similarly "exceptionalist," in the sense that they take distinctive approaches to international law that reflect their values and interests. We illustrate these arguments with discussions of China, the European Union, and the United States. Charges of international-law exceptionalism betray an undefended assumption that one particular view of international law (for scholars, usually the European view) is universally valid.

How Constitutional Theory Matters, Jamal Greene

Faculty Scholarship

It is impossible to understand the present moment in progressive constitutionalism without engaging a stock narrative given iconic articulation more than a decade ago by originalist scholar Randy Barnett. According to this narrative, conservatives in the 1980s, prodded by Edwin Meese III's Justice Department, rallied around originalism, and particularly "original intentions" originalism, as a politically congenial and intellectually satisfying approach to constitutional interpretation. They were defeated in the courts of academic and political opinion due in part to a series of unanswerable criticisms from liberal legal scholars such as Paul Brest and H. Jefferson Powell, and in part to the …

Stimulus And Civil Rights, Olatunde C.A. Johnson

Faculty Scholarship

Federal spending has the capacity to perpetuate racial inequality, not simply through explicit exclusion, but through choices made in the legislative and institutional design of spending programs. Drawing on the lessons of New Deal and postwar social programs, this Essay offers an account of the specificfeatures offederal spending that give it salience in structuring racial arrangements. Federal spending programs, this Essay argues, are relevant in structuring racial inequality due to their massive scale, their creation of new programmatic and spending infrastructures, and the choices made in these programs as to whether to impose explicit inclusionary norms on states and localities. …

Article Iii, Agency Adjudication, And The Origins Of The Appellate Review Model Of Administrative Law, Thomas W. Merrill

Faculty Scholarship

American administrative law is grounded in a conception of the relationship between reviewing courts and agencies modeled on the relationship between appeals courts and trial courts in civil litigation. This appellate review model was not an inevitable foundation of administrative law, but it has had far-reaching consequences, and its origins are poorly understood. This Article details how the appellate review model emerged after 1906 as an improvised response by the U.S. Supreme Court to a political crisis brought on by aggressive judicial review of decisions of the Interstate Commerce Commission. Once the jeny-built model was in place, Congress signaled its …

Income Tax Discrimination: Still Stuck In The Labyrinth Of Impossibility, Michael J. Graetz, Alvin C. Warren Jr.

Faculty Scholarship

In previous articles, we have argued that the European Court of Justice's reliance on nondiscrimination as the basis for its decisions did not (and could not) satisfy commonly accepted tax policy norms, such as fairness, administrability, economic efficiency, production of desired levels of revenues, avoidance of double taxation, fiscal policy goals, inter-nation equity, and so on. In addition, we argued that the court cannot achieve consistent and coherent results by requiring nondiscrimination in both origin and destination countries for transactions involving the tax systems of more than one member state. We demonstrated that – in the absence of harmonized income …

Saving Haiti's Children From Hell, W. Harren H. Binford

Intercultural Human Rights Law Review

Haiti's devastating earthquake in January 2010 left thousands of children orphaned and tens of thousands separated from their families. Following the earthquake, foreign militaries, nongovernmental agencies, humanitarian aid workers, missionaries, and volunteers descended en masse on the poorest country in the Western Hemisphere to help the victims, especially children, in the midst of the disaster. Unfortunately, some of those who came to help Haiti's children showed little regard for the domestic and international legal protections in place to protect child victims of disaster. As a result, these individuals, organizations, and governments added additional layers of chaos and alienation to these …

Recognizing Rape As Torture: The Evolution Of Women's Rights Legal Protective Techniques, Iveta Cherneva

Intercultural Human Rights Law Review

When thinking about torture, the image coming to mind is that of a detainee held by state authorities for purposes of information extraction. The newspapers' photo images of Abu Graib detainees and sharp-teeth dogs are inevitably recalled. The present article examines a different angle with regard to the legal conceptualization of torture as a violation of international human rights law. The 2008 Report by the United Nations (UN) Special Rapporteur on Torture Manfred Nowak opened a door by linking torture to sexual and domestic violence and women's rights, creating a potential future impact with results that remain to be seen. …

A Novel Countermeasure Against The Reaction Time Index Of Countermeasure Use In The P300-Based Complex Trial Protocol For Detection Of Concealed Information, Alexander Sokolovsky, Jessica Rothenberg, Elena Labkovsky, John B. Meixner Jr., J. Peter Rosenfeld

Scholarly Works

A P300 deception detection protocol was tested using simultaneous versus serial countermeasures and stimulus acknowledgment responses. Previously, P300 showed recognition and elevated reaction time identified countermeasure use. Probe-irrelevant P300 differences were significant in both countermeasure groups and control group. Detection rates were 11/12 for controls, 10/12 for serial countermeasure users, and 11/13 for simultaneous countermeasure users. Reaction time detected countermeasure use in serial responders, but not simultaneous responders. The simultaneous response reaction times were indistinguishable from controls.

Governing Securities Class Actions, Elizabeth Chamblee Burch

Scholarly Works

This short essay, written for a symposium on The Principles and Politics of Aggregate Litigation: CAFA, PSLRA, and Beyond, decouples due process from a proceduralist’s intuition and explains why it matters in securities class actions. It begins by exploring several analytical models that shed light on the representative relationship in class actions, including a public law analogy to the administrative state, a private law analogy to corporate law, and another, more modern public law analogy to political governance. After finding that the political-governance model best addresses both sources of inadequate representation in securities class actions — rifts between class members …