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Michael S. Finch and Michael P. Allen, An Illustrated Guide to Civil Procedure (2nd ed., Aspen Publishers, 2011)Clicking on the button will copy the full recommended citation.
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Louis J. Virelli, The (Un)Constitutionality of Supreme Court Recusal Standards, 2011 Wis. L. Rev. 1181 (2011)Clicking on the button will copy the full recommended citation.
Supreme Court recusal is one of the most timely and hotly contested issues in American law. Recent debate over when justices should be precluded from deciding certain cases has included public calls for the exclusion of Justices Thomas and Kagan from any future cases addressing the constitutionality of the controversial Affordable Care Act, the congressional testimony of two sitting justices, a letter from over 130 law professors successfully prodding Congress to introduce a new Supreme Court recusal reform bill, and numerous editorials in national print and electronic media outlets. Among the wide variety of voices in the discussion, a singular theme has emerged - more rigorous congressional regulation of Supreme Court recusal practice is needed to protect the integrity and legitimacy of the Court.
This discussion, however, misses the point. Lost in the impassioned debate about when justices should recuse themselves is a far more important and fundamental constitutional question: who should make that decision? This issue is at the core of our constitutional separation of powers and federalism principles, and should take center stage in the debate over Supreme Court recusal. This Article is the first to comprehensively apply separation of powers principles to the question of Supreme Court recusal, and argues that the Constitution requires that the Supreme Court be the sole arbiter of its own recusal standards. This argument shifts the focus of the debate from an ineffectual and unrealistic congressional command model, based primarily on notions of judicial ethics, to a more fundamental constitutional inquiry into the proper exercise of legislative and judicial authority. While this Article represents a significant break from current orthodoxy, it is imperative to situate the Court’s recusal decisions within the proper normative framework. Understanding the unconstitutionality of Supreme Court recusal standards should yield a more useful and transparent dialogue about the Court’s recusal practices going forward.
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Andrew D. Appleby, Leveling the Playing Field: A Separate Tax Regime for International Athletes, 36 Brook. J. Int'l L. 605– (2011)Clicking on the button will copy the full recommended citation.
Taxation of international athletes is a failure. The lack of a single, consistent regime results in substantial enforcement difficulties for tax administrators as well as a massive compliance burden and potential double taxation for athletes. International athletes’ unique characteristics necessitate a separate tax regime. Athletes are extremely mobile and transient taxpayers and are often among the most highly compensated individuals in the world. They can earn substantial sums of money during very short periods in a particular country. And athletes often have vast freedom to decide where to reside and where to perform. The implications of this broken tax system run very deep due to the increasing commercialization and popularity of professional sports around the globe.
The purpose of this Article is threefold. First, to compare how six significant countries - the United States, the United Kingdom, Germany, Spain, Brazil, and China - currently deal with the inherent problems of taxing extremely mobile, transient, high-income taxpayers with diverse income. Second, to illustrate that each country takes a very different - and often very convoluted - approach that has resulted in confusing, complex, and inconsistent regimes. And finally, to propose a solution that will benefit tax administrators and athletes alike. This Article presents a rough blueprint for a feasible regime that is simple, effective, efficient, and extremely beneficial for both tax administrators and athletes. Now the sports world will have to wait and see if any countries are willing to play ball.
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Ann Piccard et al., Another Crack in the Thin Skull Plaintiff Rule: Why Women with Post Traumatic Stress Disorder Who Suffer Physical Harm from Abusive Environments at Work or School Should Recover from Employers and Educators, 20 Tex. J. Women, Gender, & L. 165 (2011)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle, Youth Gangs and Transnational Organized Crime in Europe, 27 Int'l Enforcement L. Reporter 705 (2011)Clicking on the button will copy the full recommended citation.
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Michèle Alexandre, We Reap What We Sow: Using Post-Disaster Development Paradigms to Reverse Structural Determinist Frameworks and Empower Small Farmers in Mississippi and Haiti, 14 U. Pa. J.L. & Soc. Change 135 (2011)Clicking on the button will copy the full recommended citation.
The goal of this article is to extrapolate some key lessons from studying two pre-disaster structures that perpetuated environmental oppression and poverty as well as to develop post-development economic models in these disaster-stricken areas. Furthermore, the article considers the environmental movement as a vehicle for implementing the policies proposed. It also investigates how individuals within these deterministic structures can be empowered to overcome the structural realities that help perpetuate poverty and environmental oppression.
In so doing, this article borrows from Critical Race Theory’s notion of structural determinism to denounce the hierarchical structures promulgated by neutral rules in agricultural legislation and to further analyze the commonalities in the realities faced by farmers all over the world. It analyzes some structural and policy-based problems that have had detrimental effects on poor regions like Haiti and the Gulf Coast. Disasters like Katrina and the 2010 earthquake in Haiti exacerbate these problems and serve as reminders that these disparities need to be eradicated when implementing post-disaster development plans.
Consequently, this paper is divided into the following parts: Part I discusses the application of the structural determinist principle to the agricultural context in Mississippi and Haiti. Part II discusses the rural isolation discriminatory practices with regards to small farmers and the challenges faced by rural residents pre- and post-Katrina. Part III analyzes the challenges existing in Haiti pre-disaster. Part IV discusses the effects of American agricultural policies on small farmers domestically and abroad. Part V considers a model for post-disaster development that attempts to reverse the oppressive effects of current agricultural policies. Finally, Part VI explores the environmental movement’s potential for helping to implement post-disaster development plans.
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James W. Fox, Reconstructing Citizenship: African-American Discourse, the Public Sphere, and the Initial Implementations of the Fourteenth Amendment, in Infinite Hope and Finite Disappointment: The Story of the First Interpreters of the Fourteenth Amendment (Elizabeth Reilly ed., University of Akron Press, 2011)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle, Child Soldiers and the Duty of Nations to Protect Children from Participation in Armed Conflict, 19 Cardozo Journal of International and Comparative Law 1 (2011)Clicking on the button will copy the full recommended citation.
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Roy Balleste, Persuasions and Exhortations: Acknowledging Internet Governance and Human Dignity for All, 38 Syracuse J. Int'l L. & Com. 227 (2011)Clicking on the button will copy the full recommended citation.
The title of the article sums up the author’s desire to communicate and advocate on the importance of Internet governance. Internet governance is concerned with the laws and regulations related to the management of the Domain Name System (DNS), all Top Level Domains (TLDs), the Internet’s Root Zone, and other related subjects. The article provides background information on the subject before considering its importance to freedom of expression, corporate responsibility abroad, state responsibility and the rule of law under international law. The subject stands to identify Internet operations and the forces that manage those operations. The Internet, an Information and Communication Technology (ICT), has created a juncture that potentially equalizes governments, businesses, and civil society at the discussion table. The first part of the article considers that if Internet governance is to be understood, then it must be explored and studied by all academics in the legal field. The second part of the article presents a tribute to the efforts of those individuals that have participated on the common goal to discuss and discover international internet management standards that would be influential in the promotion of democracy, education, and ultimately human development.
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Roberta Flowers, Witness Preparation, Regulating the Profession’s Dirty Little Secret, 38 Hastings Const. L.Q. 1007 (2011)Clicking on the button will copy the full recommended citation.
Witness preparation is considered by most criminal attorneys to be an essential part of trial advocacy. This paper addresses the ethical restraints on this common practice. It looks at whether the ABA Model Rules of Professional Conduct and/or the proposed ABA Criminal Justice Standards give sufficient regulation and guidance. It then suggests several factual scenarios where the current standards and rules give very little guidance. This paper suggests that the American Bar Association’s Criminal Justice Standards should include guidelines that direct the criminal attorney to avoid conduct that may not be intended to influence the witness to testify falsely, but which by its nature may have the potential to create false testimony. Additionally, the standard should contain a list of attorney conduct that could unintentionally produce false testimony. Finally, this paper proposes two standards that might provide some guidance in this important area of trial preparation that is routinely practiced, hidden from view, and many times difficult to expose.