Leading Institutional Change: Law Schools And Legal Education In A Time Of Crisis,
2016
University of Tennessee College of Law
Leading Institutional Change: Law Schools And Legal Education In A Time Of Crisis, Donald J. Polden
Tennessee Law Review
No abstract provided.
Uncertainty And Reverse Payments,
2016
University of Tennessee College of Law
Uncertainty And Reverse Payments, Ramsi A. Woodcock
Tennessee Law Review
The current approach to "reverse payment" settlements of drug patent litigation seeks to preclude only those settlements guaranteed to harm consumers, rather than all that could harm them. Antitrust tolerates the possibility of harm in order to give firms the freedom to make settlements that might benefit consumers, relative to what courts would achieve under patent law. Antitrust's mission is not, however, to improve upon outcomes under patent law, but rather to prevent harm to consumers. Accordingly, antitrust must minimize the possibility of harm, even if that precludes the chance of gain. I show that a ban on all settlements …
The Hidden Costs Of Strategic Communications For The International Criminal Court,
2016
Florida International University College of Law
The Hidden Costs Of Strategic Communications For The International Criminal Court, Megan A. Fairlie
Faculty Publications
In little more than a decade, the International Criminal Court (ICC) has received nearly 11,000 requests for its Prosecutor to conduct atrocity investigations around the globe. To date, no such communication has resulted in an official investigation. Nevertheless, the act of publicizing these investigation requests has proven to be an effective, attention-getting tool that can achieve valuable, alternative goals. This fact explains the increasing popularity of “strategic communications” — highly publicized investigation requests aimed not at securing any ICC-related activity, but at obtaining some non-Court related advantage. This Article, which is the first to identify this trend, explains why the …
Judicial Challenges To The Collateral Impact Of Criminal Convictions: Is True Change In The Offing?,
2016
Washington and Lee University School of Law
Judicial Challenges To The Collateral Impact Of Criminal Convictions: Is True Change In The Offing?, Nora V. Demleitner
Scholarly Articles
Judicial opposition to disproportionate sentences and the long-term impact of criminal records is growing, at least in the Eastern District of New York. With the proliferation and harshness of collateral consequences and the hurdles in overcoming a criminal record, judges have asked for greater proportionality and improved chances for past offenders to get a fresh start. The combined impact of punitiveness and a criminal record is not only debilitating to the individual but also to their families and communities. A criminal case against a non-citizen who will be subject to deportation and a decade-long ban on reentry and three different …
Enhancing Justice Administration In Nigeria Through Information And Communications Technology, 32 J. Marshall J. Info. Tech. & Privacy L. 89 (2016),
2016
UIC School of Law
Enhancing Justice Administration In Nigeria Through Information And Communications Technology, 32 J. Marshall J. Info. Tech. & Privacy L. 89 (2016), Halima Doma
UIC John Marshall Journal of Information Technology & Privacy Law
The end of the twentieth century brought about the system of In-formation Communication Technologies (“ICT”) which represents the start of a new era. Communication is faster and more efficient than ever before. As a result, the world is brought closer together. Our means of communication and social interactions have changed dramatically. Due to the technological communication advances, we are no longer tied to our desks to make phone calls or have to travel thousands of miles for meetings. ICT enables us to contact friends, family and business colleagues at the touch of a button whatever the time, wherever the place. …
Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse,
2016
Brooklyn Law School
Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney
Journal of Law and Policy
Over the past several decades, there has been an unmistakable tension between labor law and immigration law in the United States. That tension, addressed by the Supreme Court most recently in 2001, still exists for unauthorized immigrant workers who wish to assert their labor rights under the National Labor Relations Act (NLRA). While the Obama Administration has made significant strides in easing the concerns that unauthorized immigrant workers may have before filing an NLRA claim, the unavailability of the back pay remedy and the uncertainty of protection from immigration authorities leave little incentive for such workers to assert their labor …
Child Sexual Abuse Victims And The Confrontation Clause,
2016
University of Hawaii
Child Sexual Abuse Victims And The Confrontation Clause, Nichole Timmreck
Criminal Law Practitioner
No abstract provided.
The Call And The Response: The Call, The 1991 Open Letter From Federal Judge A. Leon Higginbotham, Jr., And The 25 Years Of Response From Justice Clarence Thomas, 49 J. Marshall L. Rev. 925 (2016),
2016
UIC School of Law
The Call And The Response: The Call, The 1991 Open Letter From Federal Judge A. Leon Higginbotham, Jr., And The 25 Years Of Response From Justice Clarence Thomas, 49 J. Marshall L. Rev. 925 (2016), Angela Mae Kupenda
UIC Law Review
No abstract provided.
Lack Of Marketability And Minority Discounts In Valuing Close Corporation Stock: Elusiveness And Judicial Synchrony In Pursuit Of Equitable Consensus,
2016
Barry University
Lack Of Marketability And Minority Discounts In Valuing Close Corporation Stock: Elusiveness And Judicial Synchrony In Pursuit Of Equitable Consensus, Stephen J. Leacock
Faculty Scholarship
No abstract provided.
A Crackerjack Of A Sea Yarn: The Triumphs, Tributes And Trials Of Treasure Hunter Tommy Thompson,
2016
Barry University
A Crackerjack Of A Sea Yarn: The Triumphs, Tributes And Trials Of Treasure Hunter Tommy Thompson, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
De Facto Class Actions: Plaintiff-And Defendant-Oriented Injunctions In Voting Rights, Election Law, And Other Constitutional Cases,
2016
Barry University
De Facto Class Actions: Plaintiff-And Defendant-Oriented Injunctions In Voting Rights, Election Law, And Other Constitutional Cases, Michael T. Morley
Faculty Scholarship
No abstract provided.
For Shame: When High-Profile Shaming Is The Only Way To Get Things Discussed And Done,
2016
Florida International University College of Law
For Shame: When High-Profile Shaming Is The Only Way To Get Things Discussed And Done, Kerri Lynn Stone
Faculty Publications
In recent years, the sports world has experienced a complex relationship with sex discrimination and bullying. On one hand, well-publicized incidents of bullying, domestic violence, discrimination, and abuse have operated to alienate players, teams, and leagues from many of their fans. In some cases, these incidents have even led to rehabilitative public relations campaigns to combat the damage done to their public image. On the other hand, the fact that so many high profile incidents have occurred in such a public, much-talked-about sphere has actually served to aerate and vet issues in the court of popular opinion that would otherwise …
Foreword: The Supreme Court's Estate Planning Jurisprudence,
2016
Pace University School of Law
Foreword: The Supreme Court's Estate Planning Jurisprudence, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
Sophisticated trust and estate counsel must keep up with near-daily developments in the substantive state law of wills, trusts and estates, as well as state and federal laws of wealth transfer taxation. Because of the sheer volume of statutory law and administrative regulations that estate planners must master, it is easy to lose sight of the important role that federal courts play in shaping the field of estate planning. Federal tax cases are routinely heard by the United States Tax Court, the Federal District Courts, the Court of Federal Claims and appellate courts in all circuits. Yet very few tax …
What If?: Human Experience And Supreme Court Decision Making On Criminal Justice,
2016
Marquette University Law School
What If?: Human Experience And Supreme Court Decision Making On Criminal Justice, Christopher E. Smith
Marquette Law Review
None
Out Of Cite, Out Of Mind: Navigating The Labyrinth That Is State Appellate Courts' Unpublished Opinion Practices,
2016
University of Baltimore School of Law
Out Of Cite, Out Of Mind: Navigating The Labyrinth That Is State Appellate Courts' Unpublished Opinion Practices, Lauren S. Wood
University of Baltimore Law Review
Imagine that you are an attorney, litigating an appellate case with an atypical fact pattern. You are familiar with the law; however, its application to your client's circumstances is entirely unclear. After endless hours of research, you finally find it: a factually apposite case with a favorable outcome. Elated, you grab your legal pad to scribble down the case citation. But then you see it-that dreaded text at the top of the opinion: "NOT SELECTED FOR PUBLICATION." This is an unpublished opinion. Perturbed and exhausted, your mind starts racing: "What's that rule again? Can I use this? I think that …
The Distinctive Role Of Justice Samuel Alito: From A Politics Of Restoration To A Politics Of Dissent,
2016
Duke Law School
The Distinctive Role Of Justice Samuel Alito: From A Politics Of Restoration To A Politics Of Dissent, Neil S. Siegel
Faculty Scholarship
Justice Samuel Alito is regarded by both his champions and his critics as the most consistently conservative member of the current Supreme Court. Both groups seem to agree that he has become the most important conservative voice on the Court. Chief Justice John Roberts has a Court to lead; Justice Antonin Scalia and his particular brand of originalism have passed on; Justice Clarence Thomas is a stricter originalist and so writes opinions that other Justices do not join; and Justice Anthony Kennedy can be ideologically unreliable. Justice Alito, by contrast, is unburdened by the perceived responsibilities of being Chief Justice, …
Jurisdiction, Foundations,
2016
Duke Law School
Brief Of Amici Curiae Federal Courts Scholars And Southeastern Legal Foundation In Support Of Respondents,
2016
Duke Law School
Brief Of Amici Curiae Federal Courts Scholars And Southeastern Legal Foundation In Support Of Respondents, Kimberly S. Hermann, Ernest A. Young
Faculty Scholarship
No abstract provided.
Second Amendment Traditionalism And Desuetude,
2016
Duke Law School
Second Amendment Traditionalism And Desuetude, Darrell A. H. Miller
Faculty Scholarship
No abstract provided.
Backlash Against International Courts In West, East And Southern Africa: Causes And Consequences,
2016
Duke Law School
Backlash Against International Courts In West, East And Southern Africa: Causes And Consequences, Karen J. Alter, James T. Gathii, Laurence R. Helfer
Faculty Scholarship
This paper discusses three credible attempts by African governments to restrict the jurisdiction of three similarly-situated sub-regional courts in response to politically controversial rulings. In West Africa, when the ECOWAS Court upheld allegations of torture by opposition journalists in the Gambia, that country’s political leaders sought to restrict the Court’s power to review human rights complaints. The other member states ultimately defeated the Gambia’s proposal. In East Africa, Kenya failed in its efforts to eliminate the EACJ and to remove some of its judges after a decision challenging an election to a sub-regional legislature. However, the member states agreed to …
