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D. Benjamin Barros, Introduction to the Symposium on Judicial Takings, 21 Widener L.J. 612 (2012)Clicking on the button will copy the full recommended citation.
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Roy Balleste, Rising Toward Apotheosis: The Deconstruction of the Wsis Tunis Agenda for the Information Society, 12 Pittsburgh J. Tech. L. & Pol'y 1 (2012)Clicking on the button will copy the full recommended citation.
The Tunis Agenda for the Information Society belongs in the realm of the few, but very important documents, that promote human reason, human rights and international law. Human rights concepts may be identified within the document as a social achievement of progression toward a common good. This progression toward an apotheosis represents a reminder that the world community must apply human rights standards to any accepted model for the management of the Internet, and yet, as we examine the entire "social process" and potential obstacles to the realization of the goals enshrined in the Tunis Agenda, we uncover the root of its message. These obstacles, within the Tunis Agenda, must be tackled within the context of a "geographical, political, religious, or intellectual" divide, and must be addressed as challenges, that impede the "path of human interaction" toward the effective "imagination of alternatives" and the potential for the arrangement of a workable road map that aims at approximating "a public order of human dignity, maximizing access to all things humans value."
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Ciara Torres-Spelliscy, How Much Is an Ambassadorship? And the Tale of How Watergate Led to a Strong Foreign Corrupt Practices Act and a Weak Federal Election Campaign Act, 16 Chap. L. Rev. 71 (2012)Clicking on the button will copy the full recommended citation.
When White House Counsel John Dean infamously told President Richard Milhous Nixon that there was a “cancer on the presidency,” and that more hush money would be needed to keep the cover-up of the Watergate break-in secret, Nixon responded without much hesitation that he knew where he could get a million dollars in cash. The President was used to having vast resources at his fingertips because of the millions flowing through his campaign committees. Historians now know that much of the money flowing through those committees was from illegal sources.
This essay is a synopsis that illegal money and two of the reforms it inspired: the Federal Election Campaign Act and the Foreign Corrupt Practices Act. This piece will argue that the scale of post-Watergate reforms were justified by the magnitude of quid pro quo corruption in the Nixon White House. This essay will also argue that in 2012, in this post-Citizens United environment, Congress should take a similar approach and embrace both campaign finance reforms as well securities law reforms to ensure the integrity of our democratic processes.
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Roberta Flowers, The Five Commandments of Preparing Diminished-Capacity Witnesses, 22 Experience 28 (2012)Clicking on the button will copy the full recommended citation.
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Ciara Torres-Spelliscy, The $500 Million Question: Are the Democratic and Republican Governors Associations Really State PACs Under Buckley’s Major Purpose Test?, 15 N.Y.U. J. Legis. & Pub. Pol'y 485 (2012)Clicking on the button will copy the full recommended citation.
This Article offers a case study of Democratic Governors Association (DGA) and the Republican Governors Association, two central financial actors in recent state elections. Between 2002 and 2010, the period that this Article will cover, the Governors Associations participated in gubernatorial elections in forty-eight of fifty states and spent nearly half a billion dollars, yet they have largely escaped regulation by state elections officials in the very states where they lavish money electing governors. But the simple recipe for how the Governors Associations evade campaign finance regulations is not unique to these two groups. Potentially any multistate group may evade these state anti-corruption laws in the same way.
The Governors Associations are everywhere, but in a real sense, they are regulated almost nowhere. What little regulation falls on them is not imposed by the fifty states, but rather by the IRS, which requires the Governors Associations to report their income and spending. This IRS reporting reveals that much of the money filling the coffers of the Governors Associations is actually corporate. A majority of the corporate contributions (over 65%) comes from publicly traded corporations, which raises corporate governance issues as well as democratic concerns.
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Ellen S. Podgor, Introduction: Overcriminalization: New Approaches to a Growing Problem, 102 J. Crim. L. & Criminology 529 (2012)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Gideon: Looking Back to the 40th Anniversary, 36 The Champion 64 (2012)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner et al., Avoiding, Mitigating, and Compensating for Loss and Degradation of Wetlands in National Laws and Policies, (2012)Clicking on the button will copy the full recommended citation.
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W. Scott Wright et al., Courting Independence: The Rise of Effective State Tax Courts and Tribunals, Tax Analysts: State Tax Notes 475 (2012)Clicking on the button will copy the full recommended citation.
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Theresa J. Pulley Radwan, Projecting the Impact of Lanning and Ransom: Calculating “Projected Disposable Income” in Chapter 13 Repayment Plans, 29 Emory Bankr. Dev. J. 59 (2012)Clicking on the button will copy the full recommended citation.
This article considers the impact of two recent Supreme Court decisions regarding how a bankruptcy debtor calculates projected disposable income that must be dedicated to repayment of creditors in a chapter 13 case. Though the Supreme Court decisions seem consistent in that both reject a “formulaic” approach to that calculation, there are subtle inconsistencies that have caused confusion in applying these decisions. The article considers how these decisions impact the projected disposable income calculation in two different factual scenarios: (1) the debtor’s income or expenses terminate during the term of the plan, or (2) the debtor’s expenses remain the same but never reach the level of deductions contemplated by the United States Bankruptcy Code. Ultimately, the article concludes that the calculation of projected disposable income should focus on the debtor’s actual income and expenses in all situations.