Class Actions And State Authority,
2012
New York University School of Law
Class Actions And State Authority, Samuel Issacharoff
Loyola University Chicago Law Journal
As experiments with class actions spread to more distant shores, especially in countries of civil law backgrounds, a recurring question arises: what is the relation of the private class action to the customary regulatory power of the state? The response offered here is that, in fact, the class action stands in three different postures to state authority: as a direct challenge, as a complement, and as a rival. Recent class action cases in the U.S. are analyzed to examine these three functions and to give a distinct justification for each. At bottom, each justification turns on a contested commitment to …
Playing With Fire: Proceeding Cautiously With Reforms To The Michigan Fireworks Safety Act,
2012
University of Michigan Law School
Playing With Fire: Proceeding Cautiously With Reforms To The Michigan Fireworks Safety Act, Nicholas Pietropaulo
University of Michigan Journal of Law Reform Caveat
On January 1, 2012, the Michigan Fireworks Safety Act went into effect. It marked a significant change in how the state of Michigan treats the sale and use of “consumer fireworks.” Effectively, the new statute authorizes the sale and use of Roman Candles, bottle rockets, aerials, and other fireworks that had previously been banned. Almost immediately, challenges and complaints were raised. On one side, eight fireworks vendors challenged the constitutionality of one of the law’s provisions that required such vendors to purchase insurance at an arguably unreasonable rate. The court dismissed that case, holding that it could not be said …
Abortion And Informed Consent: How Biased Counseling Laws Mandate Violations Of Medical Ethics,
2012
Brennan Center for Justice at New York University School of Law
Abortion And Informed Consent: How Biased Counseling Laws Mandate Violations Of Medical Ethics, Ian Vandewalker
Michigan Journal of Gender & Law
If we slightly change the facts of the story about the discouraging doctor, it becomes a story that happens every day. Abortion patients face attempts to discourage them from terminating their pregnancies like those the imaginary doctor used, as well as others-and state laws mandate these attempts. While the law of every state requires health care professionals to secure the informed consent of the patient before any medical intervention, over half of the states place additional requirements on legally effective informed consent for abortion. These laws sometimes include features that have ethical problems, such as giving patients deceptive information. Unique …
The Adirondack Park Land Use And Development Plan And Vermont's Act 250 After Forty Years, 45 J. Marshall L. Rev. 417 (2012),
2012
UIC School of Law
The Adirondack Park Land Use And Development Plan And Vermont's Act 250 After Forty Years, 45 J. Marshall L. Rev. 417 (2012), John S. Banta
UIC Law Review
No abstract provided.
Is It Justice Or A Crime To Record The Police?: A Look At The Illinois Eavesdropping Statute And Its Application, 45 J. Marshall L. Rev. 485 (2012),
2012
UIC School of Law
Is It Justice Or A Crime To Record The Police?: A Look At The Illinois Eavesdropping Statute And Its Application, 45 J. Marshall L. Rev. 485 (2012), Stephanie Claiborne
UIC Law Review
No abstract provided.
Gambling On Goldilocks: Illinois Medical Malpractice Damage Caps And The Quest For "Just Right" Reform, 45 J. Marshall L. Rev. 917 (2012),
2012
UIC School of Law
Gambling On Goldilocks: Illinois Medical Malpractice Damage Caps And The Quest For "Just Right" Reform, 45 J. Marshall L. Rev. 917 (2012), Kristen Zaharski
UIC Law Review
No abstract provided.
Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), 45 J. Marshall L. Rev. 1023 (2012),
2012
UIC School of Law
Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), 45 J. Marshall L. Rev. 1023 (2012), Susan Bendlin
UIC Law Review
No abstract provided.
Lotteries And Public Policy In American Law, 46 J. Marshall L. Rev. 37 (2012),
2012
UIC School of Law
Lotteries And Public Policy In American Law, 46 J. Marshall L. Rev. 37 (2012), Stephen Leacock
UIC Law Review
No abstract provided.
Corporate Opportunities And Corporate Competition In Illinois: A Comparative Discussion Of Fiduciary Duties, 46 J. Marshall L. Rev. 1 (2012),
2012
UIC School of Law
Corporate Opportunities And Corporate Competition In Illinois: A Comparative Discussion Of Fiduciary Duties, 46 J. Marshall L. Rev. 1 (2012), William Lynch Schaller
UIC Law Review
No abstract provided.
Where Art Thou, Privacy: Expanding Privacy Rights Of Minors In Regard To Consensual Sex: Statutory Rape Laws And The Need For A Romeo And Juliet Exception In Illinois, 46 J. Marshall L. Rev. 309 (2012),
2012
UIC School of Law
Where Art Thou, Privacy: Expanding Privacy Rights Of Minors In Regard To Consensual Sex: Statutory Rape Laws And The Need For A Romeo And Juliet Exception In Illinois, 46 J. Marshall L. Rev. 309 (2012), Jordan Franklin
UIC Law Review
No abstract provided.
Fair For Whom? Amazon Kindles The Fight Over Internet Sales Tax, 46 J. Marshall L. Rev. 357 (2012),
2012
UIC School of Law
Fair For Whom? Amazon Kindles The Fight Over Internet Sales Tax, 46 J. Marshall L. Rev. 357 (2012), Matthew Martin
UIC Law Review
No abstract provided.
No Contact Parole Restrictions: Unconstitutional And Counterproductive,
2012
University of Michigan Law School
No Contact Parole Restrictions: Unconstitutional And Counterproductive, Sharon Brett
Michigan Journal of Gender & Law
Although what Jesse Timmendequas did was abhorrent, the legislation enacted in the wake of his crime went far beyond making sure we know the pedophiles or pedophile-murderers living in our neighborhoods. Megan's name now lends itself to a host of state laws requiring the state to notify neighbors when a sex offender moves into the neighborhood. The term "sex offender" is intentionally broad, covering everyone from voyeurs and exhibitionists to rapists and child molesters. Yet, Megan's Laws treat them the same way, ignoring some crucial questions: Are all sex offenders alike? Are they all monsters? In reality, the majority of …
Virginia's War On Women: How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional,
2012
University of Richmond
Virginia's War On Women: How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas
Richmond Journal of Law and the Public Interest
This comment will discuss how the ultrasound bill, like similar ones in other states, is unconstitutional for two reasons. First, requiring a woman to undergo a medically unnecessary procedure at her own expense is an undue burden under Planned Parenthood v. Casey. Second, the Supreme Court has held that competent people have the right to refuse medical care. By requiring a woman to have an ultrasound, the State is depriving her of her constitutional right to refuse care. Part 11 of this comment will focus on the Supreme Court's role in shaping abortion policy. Part II(A) concerns the history of …
Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too),
2012
Barry University
Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), Susan Bendlin
Faculty Scholarship
Public officials can be more certain than ever before that qualified immunity will shield them from suits for money damages even if their actions violate the constitutional rights of another. In the October 2011 Term the Supreme Court granted qualified immunity to government officials in four significant cases and denied it to none. Troublesome aspects of the Supreme Court’s current approach include (1) the failure to clarify important Constitutional questions; and (2) the blurring of the distinction between absolute and qualified immunity for all practical purposes by assuring state officials that they can be certain of the shield from liability. …
The Delaware Series Llc: Sophisticated And Flexible Business Planning,
2012
Widener University School of Law
The Delaware Series Llc: Sophisticated And Flexible Business Planning, Ann E. Conaway, Peter I. Tsoflias
Michigan Business & Entrepreneurial Law Review
The authors conclude that the Delaware series supplies a beneficial, efficient use of a combined contractual Delaware entity form when pooled with sensible, informed planning by sophisticated business attorneys. Such benefits are particularly noticeable in investment vehicles where managers embark to minimize risk by diversifying the fund’s assets or receive funding with specific covenants attached that limit the acceptable uses of the funds. The series is not, however, for general practitioners who have the occasional client wishing for the latest benefit Delaware has to offer its investors. To provide context, Parts II-IV of this article provide a brief overview of …
No Cause Of Action: Video Surveillance In New York City,
2012
Benjamin N. Cardozo School of Law
No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer
Michigan Telecommunications & Technology Law Review
In 2010, New York City Police Commissioner Raymond Kelly announced a new network of video surveillance in the City. The new network would be able to prevent future terrorist attacks by identifying suspicious behavior before catastrophic events could take place. Kelly told reporters, "If we're looking for a person in a red jacket, we can call up all the red jackets filmed in the last 30 days," and "[w]e're beginning to use software that can identify suspicious objects or behaviors." Gothamist later made a witticism of Kelly's statement, remarking, "Note to terrorists: red jackets are not a good look for …
The Need To Prevent Employers From Accessing Private Social Network Profiles,
2012
University of Michigan Law School
The Need To Prevent Employers From Accessing Private Social Network Profiles, Brett Novick
University of Michigan Journal of Law Reform Caveat
In March 2012, social network privacy became a conversation topic after news reports of the story of Justin Bassett, a job applicant who withdrew his application in the middle of an interview when the interviewer asked him for the username and password of his private Facebook account. Although the issue has received much attention from the public and media, the Department of Justice (DOJ) has stated that it has no interest in prosecuting employers for asking for social networking account information. Fortunately, legislation that would make it illegal for employers to ask for the username and passwords for social networking …
The Future Of Abandoned Big Box Stores: Legal Solutions To The Legacies Of Poor Planning Decisions,
2012
University of Colorado Law School
The Future Of Abandoned Big Box Stores: Legal Solutions To The Legacies Of Poor Planning Decisions, Sarah Schindler
University of Colorado Law Review
Big box stores, the defining retail shopping location for the majority of American suburbs, are being abandoned at alarming rates, due in part to the economic downturn. These empty stores impose numerous negative externalities on the communities in which they are located, including blight, reduced property values, loss of tax revenue, environmental problems, and a decrease in social capital. While scholars have generated and critiqued prospective solutions to prevent abandonment of big box stores, this Article asserts that local zoning ordinances can alleviate the harms imposed by the thousands of existing, vacant big boxes. Because local governments control land use …
Using Poor Form As A Proxy For Poor Substance: A Look At Wend V. People And Its Categorical Rule Prohibiting Prosecutors From Using The Word "Lie",
2012
University of Colorado Law School
Using Poor Form As A Proxy For Poor Substance: A Look At Wend V. People And Its Categorical Rule Prohibiting Prosecutors From Using The Word "Lie", Danny Paulson
University of Colorado Law Review
In Wend v. People, the Colorado Supreme Court reversed a second-degree murder conviction because the prosecutor repeatedly used various forms of the word "lie" to describe some of the defendant's statements made during two taped interviews with the police. In its opinion, the court first held that in Colorado it is categorically improper for a prosecutor to use the word "lie." In doing so, it committed itself to a unique legal standard for one word that runs contrary to the traditional legal test used nationwide for all forms of prosecutorial misconduct. Then, the court reversed the conviction on plain error …
Will Contests: From Start To Finish.,
2012
St. Mary's University
Will Contests: From Start To Finish., Joyce Moore
St. Mary's Law Journal
This Article primarily focuses on the practical problems facing attorneys and courts when evaluating and proving up a will or trust in contested cases. The focus extends further into the special procedural and evidentiary rules applicable to these actions, the use and misuse of summary judgment proceedings in these cases, and some observations regarding developing trends and strategies in will and trust contest litigation. Admittedly, this area of practice is a melting pot of presumptions, exceptions, threshold hurdles, capacity qualms, evidentiary issues, strategic clauses, and countless other headache-inducing legal issues. Yet, attorneys must diligently juggle all of them while also …
