Longstanding Agency Interpretations,
2015
St. John’s University School of Law
Longstanding Agency Interpretations, Anita S. Krishnakumar
Fordham Law Review
How much deference—or what kind—should courts give to longstanding agency interpretations of statutes? Surprisingly, courts and scholars lack a coherent answer to this question. Legal scholars long have assumed that longstanding agency statutory interpretations are treated with heightened deference on judicial review, and federal courts sometimes have made statements suggesting that this is the case. But in practice, federal court review of longstanding agency interpretations—at both the U.S. Supreme Court and courts of appeals—turns out to be surprisingly erratic. Reviewing courts sometimes note the longevity of an agency’s statutory interpretation as a plus factor in their deference analysis but at …
Criminal Infliction Of
Emotional Distress,
2015
Harvard Law School
Criminal Infliction Of Emotional Distress, Avlana K. Eisenberg
Michigan Law Review
This Article identifies and critiques a trend to criminalize the infliction of emotional harm independent of any physical injury or threat. The Article defines a new category of criminal infliction of emotional distress (“CIED”) statutes, which include laws designed to combat behaviors such as harassing, stalking, and bullying. In contrast to tort liability for emotional harm, which is cabined by statutes and the common law, CIED statutes allow states to regulate and punish the infliction of emotional harm in an increasingly expansive way. In assessing harm and devising punishment, the law has always taken nonphysical harm seriously, but traditionally it …
Insuring Floods: The Most Common And Devastating Natural Catastrophes In America,
2015
Penn State Law
Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French
Faculty Scholarship
Flooding is the most common natural catastrophe Americans face, accounting for 90% of all damage caused by natural catastrophes. Hurricanes Katrina and Sandy, for example, collectively caused over $160 billion in damage, but only approximately 10% of the Hurricane Katrina victims and 50% of the Hurricane Sandy victims had insurance to cover their flood losses. Consequently, both their homes and lives were left in ruins in the wake of the storms. Nationwide, only approximately 7% of homeowners have insurance that covers flood losses even though the risk of flooding is only increasing as coastal areas continue to be developed and …
Standing In For The State: Defending Ballot Initiatives In Federal Court Challenges,
2015
Brigham Young University Law School
Standing In For The State: Defending Ballot Initiatives In Federal Court Challenges, Joshua J. Bishop
BYU Law Review
No abstract provided.
Under The Prison Litigation Reform Act's So-Called Three Strikes Provision, When Does A Dismissal Count As A Strike: Coleman V. Tollefson (13-1333),
2015
Benjamin N. Cardozo School of Law
Under The Prison Litigation Reform Act's So-Called Three Strikes Provision, When Does A Dismissal Count As A Strike: Coleman V. Tollefson (13-1333), Betsy Ginsberg
Articles
The Prison Litigation Reform Act of 1996 amended the federal in forma pauperis statute to include, among other provisions, what has become known as the “three strikes provision.” Under this provision, prisoners who have accumulated three strikes—three dismissals of cases that were frivolous, malicious, or failed to state a claim—are no longer permitted to proceed in forma pauperis unless they can show immediate danger of serious physical injury. This case asks the Court to determine whether a dismissal by the district court immediately counts as a strike or whether it does not count until any appeal of the dismissal has …
People's Republic Of China - The 1983 Joint Venture Implementing Regulations - The Supplement Of Detail, In An Attempt To Attract Foreign Investment,
2015
University of Georgia School of Law
People's Republic Of China - The 1983 Joint Venture Implementing Regulations - The Supplement Of Detail, In An Attempt To Attract Foreign Investment, Eileen Golden
Georgia Journal of International & Comparative Law
No abstract provided.
Export Controls - A Private Cause Of Action Under The Export Administration Act Of 1979,
2015
University of Georgia School of Law
Export Controls - A Private Cause Of Action Under The Export Administration Act Of 1979, Wilbur Owens
Georgia Journal of International & Comparative Law
No abstract provided.
Disc To Fsc: A Small Business Alternative?,
2015
University of Georgia School of Law
Disc To Fsc: A Small Business Alternative?, Scott J. Klosinski
Georgia Journal of International & Comparative Law
No abstract provided.
Tacking In Stormy Weather: The Shipping Act Of 1984,
2015
University of Georgia School of Law
Tacking In Stormy Weather: The Shipping Act Of 1984, R. Dale Hughes
Georgia Journal of International & Comparative Law
No abstract provided.
Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines,
2015
Jenner & Block
Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines, Don R. Sampen
Georgia Journal of International & Comparative Law
No abstract provided.
Regan V. Wald, The Supreme Court Defers To Presidential Authority In Matters Of Foreign Policy By Upholding Travel Restrictions To Cuba,
2015
University of Georgia School of Law
Regan V. Wald, The Supreme Court Defers To Presidential Authority In Matters Of Foreign Policy By Upholding Travel Restrictions To Cuba, Thomas M. Mashburn
Georgia Journal of International & Comparative Law
No abstract provided.
The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect,
2015
University of Georgia School of Law
The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris
Georgia Journal of International & Comparative Law
No abstract provided.
New Tax Withholding Rules For Foreign-Owned United States Real Estate,
2015
Hansell & Post
New Tax Withholding Rules For Foreign-Owned United States Real Estate, John D. Maiers
Georgia Journal of International & Comparative Law
No abstract provided.
Congress And The 1980 International Sales Convention,
2015
Southern Methodist University
Congress And The 1980 International Sales Convention, Peter Winship
Georgia Journal of International & Comparative Law
No abstract provided.
Congress' Role In The International Unification Of Private Law,
2015
United States Department of State
Congress' Role In The International Unification Of Private Law, Peter H. Pfund, George Taft
Georgia Journal of International & Comparative Law
No abstract provided.
Combatting International Terrorism: The Role Of Congress,
2015
United States House of Representatives
Combatting International Terrorism: The Role Of Congress, Dante B. Fascell
Georgia Journal of International & Comparative Law
No abstract provided.
Freedom Of Information Act And Federal Licensing Procedures: Invoking Exemption 7(F) To Protect Examination Materials,
2015
University of Florida Levin College of Law
Freedom Of Information Act And Federal Licensing Procedures: Invoking Exemption 7(F) To Protect Examination Materials, Karl Gruss
Florida Law Review
The United States Supreme Court’s 2011 decision in Milner v. Department of the Navy shut the door on an expansive interpretation of one of the nine enumerated exemptions to the public disclosure requirements mandated under the Freedom of Information Act. No longer can federal agencies seek cover behind the judicially crafted interpretation of Exemption 2 known as the “High 2” that permitted agencies to withhold documents from the public eye solely because disclosure of the information contained therein could risk circumvention of an individual agency’s regulations or statutes. However, Justice Alito’s concurring opinion in Milner hinted at the Court’s possible …
Newsroom: Horwitz On Traffic Obstruction Bills,
2015
Roger Williams University
Newsroom: Horwitz On Traffic Obstruction Bills, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Providing Plaintiffs With Tools: The Significance Of Eeoc V. United Airlines, Inc.,
2015
Notre Dame Law School
Providing Plaintiffs With Tools: The Significance Of Eeoc V. United Airlines, Inc., Michelle Letourneau
Notre Dame Law Review
This Note will analyze the language of the United Airlines II decision, in light of Barnett, Seventh Circuit precedents regarding the reasonable accommodation of reassignment, and cases from other circuits that the Seventh Circuit cited in relevant part in its United Airlines II decision. Part I will provide an introduction to the relevant provisions of the ADA. Part II will summarize relevant portions of a series of cases predating United Airlines II that deal with the concept of reassignment as a reasonable accommodation under the ADA. These cases are discussed in considerable detail in order to highlight in Part III …
Fraud Is Already Illegal: Section 621 Of The Dodd-Frank Act In The Context Of The Securities Laws,
2015
University of Michigan Law School
Fraud Is Already Illegal: Section 621 Of The Dodd-Frank Act In The Context Of The Securities Laws, Nathan R. Schuur
University of Michigan Journal of Law Reform
In the aftermath of the financial crisis, lawmakers and the public focused on abuses in the securitization industry. Abacus, a Synthetic CDO created by Goldman Sachs & Co., became a symbol of what many felt was a corrupt system when it became known that Goldman and Fabrice Tourre, a Vice President at its Correlation Trading Desk, had assisted a hedge fund in designing the security to fail. Perceived failings of the securities laws to prevent transactions like Abacus spurred Congress to enact Section 621 of the Dodd-Frank Act, which prohibits conflicts of interest in asset-backed securitizations. But the law is …
