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Peter Lake, Higher Education Called to Account: Colleges and the Law after Virginia Tech, Chronicle of Higher Education 53 (2007)Clicking on the button will copy the full recommended citation.
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Kristen David Adams, The American Law Institute: Justice Cardozo’s Ministry of Justice?, 32 S. Ill. U. L.J. 173 (2007)Clicking on the button will copy the full recommended citation.
This paper explores an influential reform agenda - the notion of a Ministry of Justice - advanced by Justice Benjamin Nathan Cardozo, one of the American Law Institute's founding members. The article in which Justice Cardozo introduced the concept of a Ministry of Justice was published in the Harvard Law Review the very month that the exploratory committee was formed that ultimately recommended the formation of the American Law Institute, and two years before the Institute itself was founded. This article explores the extent, if any, to which the reform agenda that Justice Cardozo propounded in this famous article was fulfilled by the founding of the Institute.
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Joseph F. Morrissey, Rhetoric and Reality: Investor Protection and the Securities Regulation Reform of 2005, 56 Cath. U. L. Rev. 561 (2007)Clicking on the button will copy the full recommended citation.
Amidst all the recent publicity surrounding government action in combating corporate wrong-doing (passage of the Sarbanes-Oxley Act and the prosecution of the top brass at Enron and other scandal-ridden companies) little attention has been focused on the dramatic reform of the securities regulations that was enacted in late 2005. This article attempts to survey and assess the merits of that reform.
The new regulations essentially provide that most companies no longer have to comply with basic restrictions on the securities offering process that have been the cornerstone of the securities regulatory regime since its inception in 1933. Chief among these restrictions are those pertaining to communications. Where communications have traditionally been widely curtailed during a new offering of securities to the public, the new reforms now allow most companies to communicate with the public relatively freely. Further, the heightened liability that attached to communications prior to the reforms will not apply to the new free communications. In the name of efficiency the restrictions and heightened liability have been eliminated. At the same time, I will argue, investors actually are being left more vulnerable to potential manipulations of corporate wrongdoers. In addition, the article will directly call into question whether the SEC has in fact exceeded its rule making authority by altering so dramatically the very character of the regulatory regime that the Securities Act sought to construct.
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Michèle Alexandre, Lessons from Islamic Polygamy: A Case for Expanding the American Concept of Surviving Spouse So As to Include De Facto Polygamous Spouses, 64 Wash. & Lee L. Rev. 1461 (2007)Clicking on the button will copy the full recommended citation.
While polygamy. is illegal in the United States, forms of it are still practiced either overtly, pursuant to religious traditions, or covertly, by the maintenance of two or more family units. As a result, any claims, disputes, or abuses that arise in the context of de facto polygamous unions remain irremediable. My focus, in this Article, is not to advocate that polygamy should be legally recognized. Nor is it my purpose to debate the viability or of polygamy. Instead, I am concerned with affording legal remedies for vulnerable individuals living and operating in de facto polygamous unions. In light of the thousands of individuals living in some form of multi-party unions, I propose that it is imperative to construct adequate legal options remedies for the parties involved in these unions. In this Article, I evaluate how a women-centric interpretation of the Qur'anic treatment of Islamic polygamy might help us assess how to best protect American women involved in de facto polygamous unions. In addition, I advocate a redefinition of the concept of the surviving spouse in American estate distribution will help to legally protect de facto spouses in the inheritance context. Finally, I further propose that the common law marriage doctrine be used to help prove the existence of de facto polygamous unions.
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Paul Boudreaux, Biodiversity and a New Best Case for Applying the Environmental Statues Extraterritorially, 37 Envtl. L. 1107 (2007)Clicking on the button will copy the full recommended citation.
The federal courts have applied a presumption that environmental statutes do not apply to conduct overseas. Efforts to overcome this presumption through the supposed intent of Congress have largely failed. This Article argues for a new best case for applying environmental laws extraterritorially, focusing on the Endangered Species Act's powerful section 7. This best case would assert that (1) the overseas action affects interests within the United States, such as the interest in preserving biodiversity for future needs, and (2) the action would not create a clash with the expectations of foreign governments or culture.
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Tim Kaye, Aim Higher: Challenging Farrington and Palfreyman’s The Law of Higher Education, 33 J.C. & U.L. 559 (2007)Clicking on the button will copy the full recommended citation.
In The Law of Higher Education, Dennis Farrington and David Palfreyman present a wealth of material about higher education in the United Kingdom. It is argued, however, that their work is significantly flawed because it is colored by a 'consumerist' perspective which views education as a 'product' of 'corporate enterprise'. This review article attempts to redress the balance and provide a more objective analysis.
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Royal C. Gardner and Kim Diana Connolly, The Ramsar Convention on Wetlands: Assessment of International Designations within the United States, abridged version, 29 Nat'l Wetlands Newsletter 6 (2007)Clicking on the button will copy the full recommended citation.
The Convention on Wetlands of International Importance especially as Waterfowl Habitat, more commonly knows as the Ramsar Convention, is one international framework used to protect wetlands. At this time, the United States has designated 22 sites as wetlands of international importance. In this Article, Royal C. Gardner and Kim Diana Connolly analyze survey data collected from each of these 22 sites to determine whether and how Ramsar designation benefits these wetland areas. The authors first provide a brief overview of the Ramsar Convention, including its function within the United States. They then break down the survey data, looking at both benefits and problems of Ramsar designation. Finally, they make several recommendations for strengthening Ramsar wihin the United States.
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Darryl Wilson, ACLI Case Notes, 1 American and Caribbean Law News 5 (2007)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner and Kim Diana Connolly, The Ramsar Convention on Wetlands: Assessment of International Designations within the United States, 37 Envtl. L. Reporter 10089 (2007)Clicking on the button will copy the full recommended citation.
The Convention on Wetlands of International Importance Especially as Waterfowl Habitat, more commonly knows as the Ramsar Convention, is one international framework used to protect wetlands. At this time, the United States has designated 22 sites as wetlands of international importance. In this Article, Royal C. Gardner and Kim Diana Connolly analyze survey data collected from each of these 22 sites to determine whether and how Ramsar designation benefits these wetland areas. The authors first provide a brief overview of the Ramsar Convention, including its function within the United States. They then break down the survey data, looking at both benefits and problems of Ramsar designation. Finally, they make several recommendations for strengthening Ramsar wihin the United States.
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Roy Balleste, Internet Governance Forum & Technology: A Matter of Human Development, 7 Loyola Law and Technology Annual 37 (2007)Clicking on the button will copy the full recommended citation.