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Kristen David Adams, Promise Enforcement in Mortgage Lending: How U.S. Borrowers and Lenders Can See Themselves as Part of a Shared Goal, 28 Rev. Banking & Fin. L. 507–52 (2009)Clicking on the button will copy the full recommended citation.
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Paul Boudreaux, Property Law, in Overview of U.S. Law (Ellen S. Podgor and John F. Cooper eds., 1st ed., LexisNexis, 2009)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner et al., Compensating for Wetland Losses under the Clean Water Act (Redux): Evaluating the Federal Compensatory Mitigation Regulation, 38 Stetson L. Rev. 213 (2009)Clicking on the button will copy the full recommended citation.
In April 2008, the U.S. Army Corps of Engineers and the Environmental Protection Agency published a new rule on compensatory mitigation for aquatic resource losses. The preamble noted that an important resource in the development of the new rule was the 2001 National Research Council (NRC) report that comprehensively evaluated the effectiveness of compensatory mitigation efforts and whether they were contributing to the “no net loss” of wetlands. This article, written by nine former members of the NRC Committee on Mitigating Wetland Losses, examines how the new regulation incorporates the primary recommendations set forth in the NRC report. We consider how well the new rule addresses recommendations concerning: the watershed approach; operational guidelines and performance standards; and the treatment of mitigation banks, in-lieu fee programs, and permittee-mitigation. The article concludes with several recommendations to help with achieving the goal of no net loss.
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Ellen S. Podgor, Cybercrime: Discretionary Jurisdiction, 47 U. Louisville L. Rev. 727 (2009)Clicking on the button will copy the full recommended citation.
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Joseph F. Morrissey, A Contractarian Defense of Corporate Regulation, 11 Transactions 135 (2009)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Introduction, North American Wetland Mitigation and Restoration Policies, 17 Wetlands Ecology and Management 1 (2009)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Educating Compliance, 46 Am. Crim. L. Rev. 1523 (2009)Clicking on the button will copy the full recommended citation.
The most effective way to achieve corporate compliance is to have individuals comply with the law. The reality, however, is that punishing misconduct, a reactive model, is the common methodology used to attain future legal compliance. Focusing more resources on the front end and using a pro-active model to achieve compliance would keep the corporate structure whole and yet also provide a sound basis for eradicating corporate criminality. This Essay proposes that an education model be implemented, with the government more actively participating in promoting compliance with the law.
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Michael S. Finch, Choice of Law and Enforcement of Judgments, in Overview of U.S. Law (Ellen S. Podgor and John F. Cooper eds., LexisNexis, 2009)Clicking on the button will copy the full recommended citation.
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Candace Zierdt, Promises and Obligations in American Contract Law, in Overview of U.S. Law (Ellen S. Podgor and John F. Cooper eds., LexisNexis, 2009)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Race-ing Prosecutors’ Ethics Codes, 44 Harv. C.R.-C.L. L. Rev. 461 (2009)Clicking on the button will copy the full recommended citation.
This Essay examines prosecutorial discretion, using the decisions made in the Jena Six incident as its example for change. Two crucial considerations, omitted in this decision-making process, are offered here. First is the importance of examining cases globally as opposed to making prosecutorial decisions using a one-dimensional process. Looking only at whether specific facts support a particular charge fails to account for promoting justice in situations that might be threaded to a particular theme. Merely matching facts to elements of a statute fails to provide a thoughtful recognition of what is in fact a "just" resolution. Second is the need to be vocal when an injustice warrants correction. The affirmative duty of a prosecutor to promote justice has both symbolic and practical implications.
This Essay examines the discretionary decision-making process from the perspective of legal and ethical mandates that are intended to guide prosecutors in their choices. In looking at the hortatory guidance provided to prosecutors, it considers the role of compassion and how compassion can be used to ensure fairness in the process. While personalities can clearly influence a charging decision, it is important to make certain that the decisions are not made as a one-dimensional process. Rather, it is necessary that the decision-making process examines all factors and circumstances in order to make certain that the prosecutor acts as a true "minister of justice."