Legal Uncertainty And Aberrant Contracts: The Choice Of Law Clause,
2014
Chicago-Kent College of Law
Legal Uncertainty And Aberrant Contracts: The Choice Of Law Clause, William J. Woodward Jr.
Chicago-Kent Law Review
Legal uncertainty about the applicability of local consumer protection can destroy a consumer’s claim or defense within the consumer arbitration environment. What is worse, because the consumer arbitration system cannot accommodate either legal complexity or legal uncertainty, the tendency will be to resolve cases in the way the consumer’s form contract dictates, that is, in favor of the drafter. To demonstrate this effect and advocate statutory change, this article focuses on fee-shifting statutes in California and several other states. These statutes convert very common one-way fee-shifting terms (consumer pays business’s attorneys fees if business wins but not the other way …
Rising Arizona: The Legacy Of The Jim Crow Southwest On Immigration Law And Policy After 100 Years Of Statehood,
2014
University of the District of Columbia David A Clarke School of Law
Rising Arizona: The Legacy Of The Jim Crow Southwest On Immigration Law And Policy After 100 Years Of Statehood, Kristina M. Campbell
Journal Articles
United States immigration law and policy is one the most controversial issues of our day, and perhaps no location has come under more scrutiny for the way it has attempted to deal with the problem of undocumented immigration than the State of Arizona. Though Arizona recently became notorious for its “papers please” law, SB 1070, the American Southwest has long been a bastion of discriminatory race-based law and policy – immigration and otherwise – directed toward Latinos, American Indians, African-Americans, and other non-White racial and ethnic minorities. While largely ignored by both legal and American historians, the socalled “Jim Crow …
Supplemental Pay Or Supplemental Power?: Why The Ohio General Assembly's Compensation Structure Unconstitutionally Centralizes Power In The General Assembly Leadership,
2014
Cleveland State University
Supplemental Pay Or Supplemental Power?: Why The Ohio General Assembly's Compensation Structure Unconstitutionally Centralizes Power In The General Assembly Leadership, Frank Camardo
Cleveland State Law Review
In the Ohio House and Senate, committee chairpersons and other select members of legislative committees receive a supplemental salary, in addition to their base legislator pay, for their service on the committee. The Ohio Constitution, however, mandates that legislator pay be fixed by law (hereinafter “Fixed Compensation Provision”) and that no changes to compensation take place during the term (hereinafter “No Change Provision”). Because the Speaker of the House and the Senate President have the power to discretionarily appoint and remove committee chairpersons during the term, compensation necessarily changes during the term of a removed chairperson. Such in-term changes violate …
Mitigating The Adverse Impacts Of Hydraulic Fracturing: A Role For Local Zoning?,
2014
Elisabeth Haub School of Law at Pace University
Mitigating The Adverse Impacts Of Hydraulic Fracturing: A Role For Local Zoning?, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article focuses on the action localities have taken toward mitigating some of the adverse impacts of hydraulic fracturing, or hydrofracking. The Article will explore impacts at the local level and will show the governance gap that has resulted from federal and state regulations that leave many local impacts unmitigated. Zoning laws and other practices that local governments are adopting are also discussed, explaining why state preemption over the traditional role of local governments in regulating this particular heavy industrial activity is not the ideal situation.
Preface To Protecting The Environment Through Land Use Law: Standing Ground,
2014
Elisabeth Haub School of Law at Pace University
Preface To Protecting The Environment Through Land Use Law: Standing Ground, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Protecting the Environment Through Land Use Law: Standing Ground takes a close look at the historical struggle of local governments to balance land development with natural resource conservation. This book updates and expands on his four previous books, which established a comprehensive framework for understanding the many ways that local land use authority can be used to preserve natural resources and environmental functions at the community level. Standing Ground describes in detail how localities are responding to new challenges, including the imperative that they adapt to and help mitigate climate change and create sustainable neighborhoods. This body of work emphasizes …
Profile - The Wildlife Conservation Society,
2014
New York Law School
Profile - The Wildlife Conservation Society, James Hagy, Lana Buchbinder, Barbara Beau
Rooftops Project
What might it be like if your not-for-profit was responsible for projects with occupants consisting of humans plus some 1,700 other species? How can physical location and the needs of animals and visitors be harmonized through architectural design? Barbara Beau, Lana Buchbinder, and Professor James Hagy of The Rooftops Project interview Sue Chin about her work as Chief Architect at the Wildlife Conservation Society.
Reviving Legislative Generality,
2014
Marquette University Law School
Reviving Legislative Generality, Evan C. Zoldan
Marquette Law Review
The Supreme Court does not recognize a constitutional principle disfavoring special legislation, that is, legislation that singles out identifiable individuals for benefits or harms that are not applied to the rest of the population. As a result, both Congress and state legislatures routinely enact special legislation despite the fact that it has been linked to a variety of social harms, including corruption and the exacerbation of social inequality. But the Court’s weak protections against special legislation, and the resulting harms, are not inevitable. Instead, special legislation can be limited by what may be called a value of legislative generality, that …
More Bang For Their Buck: How Federal Dollars Are Militarizing American Law Enforcement, 47 J. Marshall L. Rev. 1479 (2014),
2014
UIC School of Law
More Bang For Their Buck: How Federal Dollars Are Militarizing American Law Enforcement, 47 J. Marshall L. Rev. 1479 (2014), Jeffrey Endebak
UIC Law Review
No abstract provided.
Shaping Interstate Water Compacts To Meet The Realities Of The Twenty-First Century,
2014
University of Kentucky
Shaping Interstate Water Compacts To Meet The Realities Of The Twenty-First Century, Connor B. Egan
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Warr V. Jmgm Group: Maryland Dram Shops Escape Duty To Foreseeable Victims Of Drunk Driving,
2014
University of Maryland Francis King Carey School of Law
Warr V. Jmgm Group: Maryland Dram Shops Escape Duty To Foreseeable Victims Of Drunk Driving, Katherine O'Konski
Maryland Law Review
No abstract provided.
Fraud In The Market,
2014
Florida State University College of Law
Informed Consent And The Differential Diagnosis: How The Law Overestimates Patient Autonomy And Compromises Health Care, 60 Wayne L. Rev. 349 (2014),
2014
The John Marshall Law School
Informed Consent And The Differential Diagnosis: How The Law Overestimates Patient Autonomy And Compromises Health Care, 60 Wayne L. Rev. 349 (2014), Marc Ginsberg
UIC Law Open Access Faculty Scholarship
The purpose of this paper is not simply to re-examine the doctrine of informed consent. The purpose, however, is to identify how the doctrine has evolved, its scope expanded, and how it has created serious consequences for physicians and patients. Specifically, this paper focuses on the differential diagnosis - the process by which a physician arrives at a diagnosis - and how some jurisdictions have manipulated informed consent to encompass this process. This paper will urge that the application of informed consent to the differential diagnosis is an unnecessary expansion of the doctrine and, potentially, compromises health care.
Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now,
2014
Yale Law School
Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now, Clark L. Hildabrand
Transactions: The Tennessee Journal of Business Law
In light of the recent debates surrounding the proper relationship between federal and state antitrust enforcement, this Paper explores the early years of state antitrust enforcement to see how the Sherman Act impacted state antitrust law. Since Tennessee was the location of the first federal case brought under the Sherman Act and has been involved in recent indirect purchaser action against Microsoft Corporation, this Paper particularly focuses on the development of antitrust law within Tennessee. Before the Sherman Act, Tennessee antitrust enforcement was limited to the narrow confines of common law restraint of trade, but the implementation of the Sherman …
From Commonwealth To Constitutional Limitations: Thomas Cooley's Michigan, 1805-1886,
2014
University of Michigan Law School
From Commonwealth To Constitutional Limitations: Thomas Cooley's Michigan, 1805-1886, Robert Allan Olender
SJD Dissertations
In response to what he perceived as the challenges associated with republican governance in the later portions of the nineteenth century, Michigan’s Thomas McIntyre Cooley penned his treatise concerning constitutional limitations on legislative power. In it, Cooley offered a vision of government where courts would check government power and would raise constitutional barriers against the impact of improper influences on legislators. As a student of history, Cooley grounded his beliefs and doctrines in experience, not philosophical reflections. Believing that “the fruits of speculative genius in government are of little value,” Cooley submitted that governing structures and law “must be the …
A Common Law Constitutionalism For The Right To Education,
2014
University of Kentucky
A Common Law Constitutionalism For The Right To Education, Scott R. Bauries
Georgia Law Review
This Article makes two claims, one descriptive and the other normative. The descriptive claim is that individual rights to education have not been realized under state constitutions because the currently dominant structure of education reform litigation prevents such realization. In state constitutional education clause claims, both pleadings and adjudication generally focus on the equality or adequacy of the system as a whole, rather than on any particular student's educational resources or attainment. The Article traces the roots of the currently dominant systemic approach, and finds these roots in federal institutional reform litigation. This systemic focus leads to a systemic, rather …
Justifying A Prudential Solution To The Williamson County Ripeness Puzzle,
2014
McGuireWoods LLP
Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine M. Crocker
Georgia Law Review
In the much-maligned 1985 case Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, the Supreme Court articulated a rule of "ripeness" requiring most Fifth Amendment regulatory- takings claimants to seek 'just compensation" in state court before attempting to litigate in federal court. Williamson County and its progeny have opened a Pandora's box of unforeseen complications, spawning many more questions than they purported to answer. At the forefront is what kind of requirement the rule is anyway. This Article contends that reading Williamson County as grounded in the Constitution (specifically, in Article III or the Fifth Amendment) runs …
Learning From Washington: A New Approach To Analyzing The Structure Of New York City's Government,
2014
Elisabeth Haub School of Law at Pace University
Learning From Washington: A New Approach To Analyzing The Structure Of New York City's Government, David S. Yassky
Elisabeth Haub School of Law Faculty Publications
Mr. Yassky delivered these remarks on February 18, 2013, at the symposium Process, Powers, and Lessons for the Future: 25 Years of New York City Charter Revisions, sponsored by the Center for New York City Law and the New York Law School Law Review and held at New York Law School. Mr. Yassky’s remarks were given as part of the panel titled The Balance of Powers Under the New York City Charter and are followed by a dialogue between Mr. Yassky and the other members of that panel: John Avlon, Senior Political Columnist, Newsweek; Elizabeth Fine, General Counsel, New York …
Antitrust And Consumer Protection,
2014
Cox Smith Matthews Incorporated
Antitrust And Consumer Protection, A. Michael Ferrill, Leslie Sara Hyman, Soledad Valenciano
SMU Annual Texas Survey
No abstract provided.
Bankruptcy,
2014
Munsch Hardt Kopf & Harr, P.C.
Bankruptcy, Joseph J. Wielebikski, Davor Rukavina
SMU Annual Texas Survey
No abstract provided.
Civil Procedure: Pre-Trial & Trial,
2014
Figari & Davenport, L.L.P.
Civil Procedure: Pre-Trial & Trial, Donald Colleluori, Gary D. Eisenstat, Bill E. Davidoff
SMU Annual Texas Survey
No abstract provided.
