Trading With Socialist Partners,
2016
Saint Louis University
Trading With Socialist Partners, Josef Rohlik
Georgia Journal of International & Comparative Law
No abstract provided.
Mariculture: A New Ocean Use,
2016
University of Georgia
Mariculture: A New Ocean Use, J. Owens Smith, David L. Marshall
Georgia Journal of International & Comparative Law
No abstract provided.
Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum,
2016
Fordham University School of Law
Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph C. Sweeny
Georgia Journal of International & Comparative Law
No abstract provided.
The Device Of Fiction In Public International Law,
2016
Université de Bruxelles
The Device Of Fiction In Public International Law, Jean J. A. Salmon
Georgia Journal of International & Comparative Law
No abstract provided.
The Scrivener’S Error,
2016
Northwestern Pritzker School of Law
The Scrivener’S Error, Ryan D. Doerfler
Northwestern University Law Review
It is widely accepted that courts may correct legislative drafting mistakes, i.e., so-called scrivener’s errors, if and only if such mistakes are “absolutely clear.” The rationale is that if a court were to recognize a less clear error, it might be “rewriting” the statute rather than correcting a technical mistake.
This Article argues that the standard is much too strict. The current rationale ignores that courts can “rewrite,” i.e., misinterpret, a statute both by recognizing an error and by failing to do so. Accordingly, because the current doctrine is designed to protect against one type of mistake (false positives) but …
Castaneda V. State Of Nevada, 132 Nev. Adv. Op. 44 (June 16, 2016),
2016
Nevada Law Journal
Castaneda V. State Of Nevada, 132 Nev. Adv. Op. 44 (June 16, 2016), Chelsea Finnegan
Nevada Supreme Court Summaries
Appellant was convicted of 15 counts of child pornography under NRS 200.730. Appellant contested 14 of the 15 charges, arguing that his possession of 15 images of child pornography constituted only one violation. The Court agreed and determined that prosecuting each image or depiction of child pornography as a separate charge under NRS 200.730 is not what the legislature intended. The statute should not be read to charge each “possession” as one violation. The Court reversed 14 of the charges.
Confusion Codified: Why Trademark Remedies Make No Sense,
2016
Southern University Law Center
Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon
Journal of Intellectual Property Law
No abstract provided.
What Bankruptcy Law Can And Cannot Do For Puerto Rico,
2016
University of Michigan Law School
What Bankruptcy Law Can And Cannot Do For Puerto Rico, John A. E. Pottow
Articles
This article is based on a February 2016 keynote address given at the University of Puerto Rico Law Review Symposium “Public Debt and the Future of Puerto Rico.” Thus, much of it remains written in the first person, and so the reader may imagine the joy of being in the audience. (Citations and footnotes have been inserted before publication ‒ sidebars that no reasonable person would ever have inflicted upon a live audience, even one interested in bankruptcy law. Rhetorical accuracy thus yields to scholarly pedantics.) The analysis explains how bankruptcy law not only can but will be required to …
Immigration And Disability In The United States And Canada,
2016
DePaul University College of Law
Immigration And Disability In The United States And Canada, Mark Weber
College of Law Faculty
Disability arises from the dynamic between people’s physical and mental conditions andthe physical and attitudinal barriers in the environment. Applying this idea aboutdisability to United States and Canadian immigration law draws attention to barriers toentry and eventual citizenship for individuals who have disabilities. Historically, NorthAmerican law excluded many classes of immigrants, including those with intellectualdisabilities, mental illness, physical defects, and conditions likely to cause dependency.Though exclusions for individuals likely to draw excessive public resources and thosewith communicable diseases still exist in Canada and the United States, in recent yearsthe United States permitted legalization for severely disabled undocumented immigrantsalready in the …
Nfib V. Sebelius And The Individual Mandate: Thoughts On The Tax/Regulation Distinction,
2016
University of Michigan Law School
Nfib V. Sebelius And The Individual Mandate: Thoughts On The Tax/Regulation Distinction, Kyle D. Logue
Michigan Business & Entrepreneurial Law Review
When Chief Justice John Roberts wrote the opinion of the Court in National Federation of Independent Businesses v. Sebelius (NFIB) explaining the constitutionality of the Affordable Care Act’s (ACA) minimum essential coverage provision (sometimes referred to as the individual mandate), he reasoned that the mandate—or, more precisely, the enforcement provision that accompanied the mandate (the Shared Responsibility Payment or SRP)—could be understood as a tax on the failure to purchase health insurance. According to this view, the enactment of the mandate and its accompanying enforcement provisions fell within Congress’s virtually unlimited power to “lay and collect taxes.” This tax-based interpretation …
Constitutional Law - Rights Of Aliens - Citizenship As A Requirement For Admission To The Bar Is A Violation Of Equal Protection,
2016
University of Georgia School of Law
Constitutional Law - Rights Of Aliens - Citizenship As A Requirement For Admission To The Bar Is A Violation Of Equal Protection, John L. Scott
Georgia Journal of International & Comparative Law
No abstract provided.
Hague Convention On The Law Applicable To Products Liability,
2016
University of Georgia School of Law
Hague Convention On The Law Applicable To Products Liability, Bryant Durham
Georgia Journal of International & Comparative Law
No abstract provided.
“Criminal Records” - A Comparative Approach,
2016
University of Georgia School of Law
“Criminal Records” - A Comparative Approach, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
The “Changed Circumstances” Clause After The United Nations Conference On The Law Of Treaties (1968-69),
2016
University of Michigan
The “Changed Circumstances” Clause After The United Nations Conference On The Law Of Treaties (1968-69), Heribert F. Koeck
Georgia Journal of International & Comparative Law
No abstract provided.
Recent Decision: Constitutional Law - Restriction Of American Citizens’ Right Of Access To Information And Ideas In The Court Of Government Control Of Immigration Is Not Unconstitutional When Supported By A Facially Legitimate Reason,
2016
University of Georgia School of Law
Recent Decision: Constitutional Law - Restriction Of American Citizens’ Right Of Access To Information And Ideas In The Court Of Government Control Of Immigration Is Not Unconstitutional When Supported By A Facially Legitimate Reason, W. P. Bishop, Joseph C. Vanzant
Georgia Journal of International & Comparative Law
No abstract provided.
Attorneys, Propagandists, And International Business: A Comment On The Foreign Agents Registration Act Of 1938,
2016
University of Georgia School of Law
Attorneys, Propagandists, And International Business: A Comment On The Foreign Agents Registration Act Of 1938, Claude-Leonard Davis
Georgia Journal of International & Comparative Law
No abstract provided.
International Fisheries Regulation,
2016
University of Georgia School of Law
International Fisheries Regulation, John P. Rivers
Georgia Journal of International & Comparative Law
No abstract provided.
The International Court And South West Africa: Latest Phase,
2016
University of Toronto
The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk
Georgia Journal of International & Comparative Law
No abstract provided.
Regulating Foreign-Based Institutions For Collective Investment: The German Statute, The American Experience, And The Oecd Standard Rules,
2016
University of Georgia School of Law
Regulating Foreign-Based Institutions For Collective Investment: The German Statute, The American Experience, And The Oecd Standard Rules, Charles B. Robson Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Hickory Dickory Dock, The New Jersey Supreme Court Stops The Clock: Legislature Must Reform The Spill Act Following Morristown Associates V. Grant Oil,
2016
Villanova University Charles Widger School of Law
Hickory Dickory Dock, The New Jersey Supreme Court Stops The Clock: Legislature Must Reform The Spill Act Following Morristown Associates V. Grant Oil, Maria Salvemini
Villanova Law Review (1956 - )
No abstract provided.
