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Royal C. Gardner, The Role of Wetland Mitigation and Conservation Banking in Sustainable Development: The United States Experience, 1 Forum of Public Policy 47 (2005)Clicking on the button will copy the full recommended citation.
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D. Benjamin Barros, At Last, Some Clarity: The Potential Long-Term Impact of Lingle v. Chevron and the Separation of Takings and Substantive Due Process, 69 Alb. L. Rev. 343 (2005)Clicking on the button will copy the full recommended citation.
This short essay discusses the Supreme Court's recent decision in Lingle v. Chevron and its potential long-term impact on the Court's regulatory takings doctrine. Lingle involved a narrow (though important) issue of takings law, and on the surface it appears to be a relatively modest case. A deeper look, however, reveals that in its separation of substantive due process and regulatory takings, Lingle has tremendous potential to clarify regulatory takings doctrine. If this potential is fulfilled, Lingle is likely to be far more significant in the long term than Kelo v. City of New London, which has dominated the commentary about the Court's recent takings decisions. Lingle may also have the counter-intuitive effect of helping property-rights advocates (who were the putative losers in the case) by undercutting the precedential value of cases that help the government in takings battles.
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Darryl Wilson, Waltzing to R.A.P., 39 Creighton L. Rev. 129 (2005)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle, Global Terrorism in Our Own Backyard: Colombia’s Legal War against Illegal Armed Groups, 15 Transnational Law & Contemp. Probs. 2005 (2005)Clicking on the button will copy the full recommended citation.
In the aftermath of 9-11, the United States embarked on an aggressive and costly war on terrorism in far flung regions of the world, mainly in the middle east and Afghanistan. However, the United States largely overlooked the terrorist threat to national security emanating much closer to home – in Colombia, where illegal armed groups have formed close connections to international terrorists organizations or have themselves transformed into international terrorists organizations intent on launching terrorist attacks within Colombia and throughout the Americas.
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Joseph F. Morrissey, Simplifying the Foreign Service Immunities Act: If a Sovereign Acts Like a Private Party, Treat it Like One, 5 University of Chi. J. Int'l L. 675 (2005)Clicking on the button will copy the full recommended citation.
This article focuses on the commercial activities exception of the Foreign Sovereign Immunities Act (FSIA). That exception is at the heart of the FSIA and basically states that if a foreign sovereign engages in private commercial activities like a private party then it should not be immune from suit in the United States. Unfortunately, the special guidelines set forth in the FSIA for applying the commercial activities exception to foreign sovereigns are confusing and have resulted in split opinions among the federal circuit courts.
My article argues that those guidelines should be thrown away. My proposal would first have courts assess whether foreign sovereigns are in fact engaging in private commercial activities. If the answer is yes, then the FSIA should direct courts to simply treat the foreign sovereign in the same way that it would treat a foreign private party for purposes of establishing jurisdiction. Namely, the courts should undertake the same minimum contacts due process analysis it has undertaken for decades with respect to foreign private parties. This solution avoids the complicated rubric established by the FSIA and accomplishing exactly what the FSIA had wanted to accomplish. It treats foreign sovereigns like private parties when and if they behave like them.
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Tim Kaye, LNAT: The National Admissions Test for Law, 39 Law Teacher 192 (2005)Clicking on the button will copy the full recommended citation.
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Rebecca C. Morgan et al., Preface: Globalization of Elder Law, 1 Journal of International Aging, Law & Policy ix (2005)Clicking on the button will copy the full recommended citation.
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Tim Kaye, Review of Lloyd L. Weinreb, Legal Reason: The Use of Analogy in Legal Argument, 26 J. Mind & Behavior 307 (2005)Clicking on the button will copy the full recommended citation.
This book review praises Lloyd Weinreb for re-asserting that the use of analogy is at the core of legal - and particularly judicial - reasoning. It finds, however, that he is not quite prepared to accept the implications of his own argument: namely that judges in a common law system can, do and must make law. It is submitted that this obsession to pretend that judges do not make law is peculiarly American. Judges throughout the rest of the common law world are commonly seen as doing just that, and regularly acknowledge that fact.
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Kirsten K. Davis, Persuasion Through Organization: Roadmap Paragraphs – Plotting Success from the Opening LIne, 41 Arizona Attorney 26 (2004)Clicking on the button will copy the full recommended citation.
This article discusses how to construct a persuasive roadmap paragraph.
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Kirsten K. Davis, Don’t Overlook the Legal Style Manual, 41 Arizona Attorney 12 (2004)Clicking on the button will copy the full recommended citation.
This article describes different legal style manuals.