Equality, Centralization, Community, And Governance In Contemporary Education Law,
2015
Georgetown University Law Center
Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff
Georgetown Law Faculty Publications and Other Works
A response to Robert Garda, Searching for Equity Amid a System of Schools: The View from New Orleans, 42 FORDHAM URB. L.J. 613 (2015).
Marriage Equality Comes To Virginia,
2015
University of Richmond
Marriage Equality Comes To Virginia, Carl W. Tobias
Law Faculty Publications
Part I of this article chronicles marriage equality's rise and development nationally. It ascertains that challenges, which fos- tered the invalidation of marriage prohibitions that essentially govern nearly all jurisdictions, including Virginia, have triggered some controversy. Part II scrutinizes Judge Wright Allen's resolu- tion of the Virginia litigation and the United States Court of Ap- peals for the Fourth Circuit determination, which affirmed her ruling. This portion finds that the district jurist comprehensively assessed the relevant legal and factual issues when striking down the proscription while the Fourth Circuit appropriately upheld her opinion. Part III then derives lessons from the …
How Local Discrimination Can Promote Global Public Goods,
2015
Duke Law School
How Local Discrimination Can Promote Global Public Goods, Timothy Meyer
Faculty Scholarship
International negotiations struggle to keep pace with global problems like climate change. To fill this gap, local governments increasingly take matters into their own hands. For example, to promote the benefits of clean energy, a local government might give subsidies to renewable energy companies. Since 2001, California has given $2 billion in such subsidies, while states ranging from Minnesota to Kansas and Mississippi have doled out hundreds of millions of dollars each. Cities, such as Austin and Los Angeles, have also gotten into the act, contributing millions to renewable energy firms. To build support for these measures, the local government …
Exemption From The Common Fate: Refuge For Individual Debtors Trapped By Structured Settlements, Factoring Companies, And The Bankruptcy Code In Georgia,
2015
University of Georgia School of Law
Exemption From The Common Fate: Refuge For Individual Debtors Trapped By Structured Settlements, Factoring Companies, And The Bankruptcy Code In Georgia, Michael C. Sullivan
Georgia Law Review
While the number of tort filings has been increasing in recent decades, the number of trials resulting from these claims has been steadily declining. Instead of sacrificing time and resources in court, parties choose settlement, frequently in the form of a structured settlement where payments are dispersed over a period of time. These structured settlements provide much-needed security for tort victims, particularly those who unable to work and are especially vulnerable to losing their settlements. But what happens when these victims find that they have expenses that they cannot cover with their deferred payments? Many tort victims wind up facing …
(Don't) Give It Up Or Turnit A Loose: State Law Copyright Protection Of Pre-1972 Sound Recordings In Blank-Slate Jurisdictions Like Georgia,
2015
University of Georgia School of Law
(Don't) Give It Up Or Turnit A Loose: State Law Copyright Protection Of Pre-1972 Sound Recordings In Blank-Slate Jurisdictions Like Georgia, Payton M. Bradford
Georgia Law Review
The issue of pre-1972 sound recordings-devoid of federal copyright protection-has emerged as an important legal issue with changes in how musicians are collecting royalties for music. Sound recordings have a complicated and fragmented history under United States copyright law. While recognized as a separate form of creative work from musical compositions since the early twentieth century, they nonetheless remained unprotected as separate works under federal law until 1972. Any sound recordings fixed prior to February 15, 1972, however, remain unprotected under federal law and are subject to common law copyright or state statutes. A majority of states, including Georgia, lack …
Laissez Fair:The Case For Alternative Litigation Funding And Assignment Of Lawsuit Proceeds In Georgia,
2015
University of Georgia School of Law
Laissez Fair:The Case For Alternative Litigation Funding And Assignment Of Lawsuit Proceeds In Georgia, David T. Adams
Georgia Law Review
This Note discusses the value of alternative litigation funding (ALF) and the legal challenges affecting the ALF industry in Georgia. More specifically, it identifies a way to maximize ALF's benefits for plaintiffs with personal tort and employment discrimination claims. Tort victims who are rendered incapable of working, and employees who have lost jobs because of workplace discrimination or retaliation,face immediate financial burdens-they may be unable to afford food, housing, health care, transportation, and other necessities. This economic pressure often forces plaintiffs to settle quickly for less than the value of the harm inflicted. But ALF companies offer a workable solution …
Without A Pilot: Navigating The Space Between The First Amendment And State And Federal Directives Affecting Drone Journalism,
2015
University of Georgia School of Law
Without A Pilot: Navigating The Space Between The First Amendment And State And Federal Directives Affecting Drone Journalism, Leah M. Davis
Georgia Law Review
A new player in American airspace, the drone, creates greater opportunities for news gathering. But with new opportunities, come new rules. Current legislatures, regulators and courts face the challenge of creating and enforcing a legal framework by which this new technology can be integrated into American airspace. The debate surrounding proper drone directives is influenced by competing policies of privacy, security, and First Amendment concerns. This Note surveys past and present state and federal directives on drone use, and argues for the creation of a separate set of guidelines for Press drones. Separate directives would ensure that news outlets are …
Dangers In Justifying A Means For An End: U.S. Supreme Court Faces Risky Interpretation Question With Ppaca, Exchanges, And Premium Tax Credits,
2015
University of Georgia School of Law
Dangers In Justifying A Means For An End: U.S. Supreme Court Faces Risky Interpretation Question With Ppaca, Exchanges, And Premium Tax Credits, Erin M. Peterson
Georgia Law Review
This Note examines the text of the Patient Protection and Affordable Care Act to determine whether Congress intended for premium tax credits to be available on only state Exchanges, or on both state and federal Exchanges. This Note argues that strict textualism reveals that Congress clearly intended to limit premium tax credits to what the text defines as "an Exchange established by the State under section 1311 of the Patient Protection and Affordable Care Act," which does not include federal Exchanges. However, this interpretation of the text nearly eliminates an essential function of the Patient Protection and Affordable Care Act …
Local Judges And Local Government,
2015
Fordham University School of Law
Local Judges And Local Government, Ethan J. Leib
Faculty Scholarship
This interview-based empirical study explores how local judges view themselves and their crosscutting roles in local and state government. In particular, it considers local judges’ relationships with the public that elects them, the executive and legislative branches of their localities, and the larger statewide judicial bureaucracy of which they are a very large but somewhat disconnected part. The Article reports on the results of interviews with local judges at the county, town, and village levels — and suggests some broader lessons for scholars, officials, and policymakers interested and active in local government law and politics. Those who study local government …
Recall Me Maybe? The Corrosive Effect Of Recall Elections On State Legislative Politics,
2015
University of Colorado Law School
Recall Me Maybe? The Corrosive Effect Of Recall Elections On State Legislative Politics, Zachary J. Siegel
University of Colorado Law Review
For the first time in Colorado's 137-year history, voters in two districts recalled their state senators from office in September 2013. Although the event prompted significant debate over the controversial gun legislation that sparked the grassroots efforts to trigger the recall elections, discussion generally overlooked the implications of using political recall altogether-implications that concern the very foundation of American democracy: the role of the legislator. This Comment aims to fill that gap, examining politically motivated recalls in the context of state legislatures. Using the recent Colorado examples as a case study, this Comment argues that increased use of the tactic …
Equity And Corporate Law,
2015
University of Colorado Law School
Equity And Corporate Law, Mark J. Loewenstein
Publications
The article explores the continuing relevance of the 1991 Delaware Supreme Court decision in Schnell v. Chris-Craft Industries, Inc., in particular the extent to which evolving concepts of good faith have, or should, displace the free-wheeling equity doctrine of Schnell.
Administering Section 2 Of The Voting Rights Act After Shelby County,
2015
University of California, Davis
Administering Section 2 Of The Voting Rights Act After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer
Publications
Until the Supreme Court put an end to it in Shelby County v. Holder, section 5 of the Voting Rights Act was widely regarded as an effective, low-cost tool for blocking potentially discriminatory changes to election laws and administrative practices. The provision the Supreme Court left standing, section 2, is generally seen as expensive, cumbersome, and almost wholly ineffective at blocking changes before they take effect. This Article argues that the courts, in partnership with the Department of Justice, could reform section 2 so that it fills much of the gap left by the Supreme Court's evisceration of section …
Correcting A False Step: Rethinking Overhead For The "Actual Expenses" Affirmative Defense To The Texas Construction Trust Fund Act,
2015
Texas A&M University School of Law
Correcting A False Step: Rethinking Overhead For The "Actual Expenses" Affirmative Defense To The Texas Construction Trust Fund Act, Wayne R. Barnes
Faculty Scholarship
In a typical construction project, an owner contracts with a general contractor to construct improvements or make repairs to real property. The owner agrees to pay a total contract price for the work. Often, the general contractor then contracts with subcontractors, laborers, materialmen, and other suppliers to do aspects of the job. These are part of the contractor’s costs to do the work for owner, and the expectation is that the contractor will pay his subcontractors and laborers from the money received from the owner. All too frequently, unfortunately, contractors receive the payment from the owner and then do not …
Controversial Defenses To Legal Malpractice Claims: Are Attorney Experts Being Asked To Be Advocates?,
2015
Villanova University Charles Widger School of Law
Controversial Defenses To Legal Malpractice Claims: Are Attorney Experts Being Asked To Be Advocates?, David S. Caudill
Faculty Publications
Attorney-experts in legal malpractice litigation are like many other experts. Although easily distinguishable from experts offering science-based testimony, attorney expertise is similar to that of witnesses offering experience-based testimony, and very much like the expertise of a physician in a medical malpractice case. An attorney-expert is, however, somewhat unique among experts in terms of the type of expertise offered, the inherent risk that the expert’s testimony will invade the province of the judge or jury, and, I believe, the risk of over-testifying. First, there is a problem of defining the attorney-expert’s “expertise” to ensure that the expert is not testifying …
Local Governments And Global Commons,
2014
Brigham Young University Law School
Local Governments And Global Commons, Jonathan Rosenbloom
BYU Law Review
No abstract provided.
Appellate Division, First Department, People V. Celaj,
2014
Touro University Jacob D. Fuchsberg Law Center
Appellate Division, First Department, People V. Celaj, Danielle Dupré
Touro Law Review
No abstract provided.
Apellate Division, Third Department, People V. Kelley,
2014
Touro University Jacob D. Fuchsberg Law Center
Apellate Division, Third Department, People V. Kelley, Elyssa Lane
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Johnson,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, People V. Johnson, Denise Shanley
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley
Touro Law Review
No abstract provided.
Lawrence V. Texas: The Decision And Its Implications For The Future,
2014
Touro Law Center
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Touro Law Review
No abstract provided.
