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Ellen S. Podgor, White Collar Crime: A Letter From the Future, 5 Ohio St. J. Crim. L. 247 (2007)Clicking on the button will copy the full recommended citation.
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Roy Balleste, Hypothetical Case Study: Creating AI Assistants in the Law Library, 26 Legal Ref. Serv. Q. 47 (2007)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Reconsidering In-Lieu Fees: A Modest Proposal, Ecosystem Marketplace (2007)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor and Daniel M. Filler, International Criminal Jurisdiction in the Twenty-First Century: Rediscovering United States v. Bowman, 44 San Diego L. Rev. 585 (2007)Clicking on the button will copy the full recommended citation.
Laws Apply at Sea, Supreme Court Rules was the Washington Post headline for a story reporting the Supreme Court's November 13, 1922 decision of United States v. Bowman. In 1922, America had not yet imagined a globalized world where a local Washington D.C. phone call might be answered in New Delhi and where the notion of Americans making clothes and forging steel was becoming quaint and antiquated. Yet in the Bowman decision, the Court laid the groundwork for a twenty-first century defined by global commerce and crime without borders. Today, the Bowman decision receives relatively little attention. When it is cited, it is often misread by lower courts. But as this new century unfolds, Bowman is likely to be seen as a central decision in the evolution of international criminal jurisdiction. It is time to shine a new light on Bowman-a criminal procedure decision that has long been underrated and misunderstood.
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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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Ellen S. Podgor, The Impact of Criminal Sanctions on Corporate Misconduct, 2 J. Bus. & Tech. L. 119 (2007)Clicking on the button will copy the full recommended citation.
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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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Theresa J. Pulley Radwan, Keeping the Faith: The Rights of Parishioners in Church Reorganizations, 82 Wash. L. Rev. 75 (2007)Clicking on the button will copy the full recommended citation.
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Paul Boudreaux, A New Clean Water Act, 37 Envtl. L. Reporter News and Analysis 10171 (2007)Clicking on the button will copy the full recommended citation.
The Supreme Court’s new federalism has struck its strongest blows so far on the Clean Water Act. In 2007, a sharply divided Court nearly struck down a large chunk of the Act’s protection of wetlands and other small waterways – five years after an earlier decision had narrowed the reach of the Act because of its supposed overreaching into state prerogative. Why has the Clean Water Act been the Court’s favorite target? One reason is that the statute was fatally flawed when enacted. Congress chose to cover "navigable waters," but its practical definition has never been clear. The result is a statutory and jurisprudential mess, with lessons that extend across issues of constitutional law, statutory construction, and, of course, federalism. This article proposes to jettison the Act’s reliance on the misguided term "navigable waters." Instead, the statute should directly regulate activities that substantially affect interstate commerce, such as fisheries, migratory birds, floods, and agriculture. An Act whose limits are tied to the law of the commerce power would be shielded from the federalist ax.
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Elizabeth Ippolito Boals, State v. Sanchez: Case File and Teaching Guide (1st ed., NITA, 2007)Clicking on the button will copy the full recommended citation.