The Mueller Investigation and Beyond Book
Date of Publication:
Recommended Citation
Ellen S. Podgor et al. (eds.), The Mueller Investigation and Beyond (Carolina Academic Press, 2020)Clicking on the button will copy the full recommended citation.
2020
Gut Renovations: Using Critical and Comparative Rhetoric to Remodel How the Law Addresses Privileges and Power Article
Date of Publication:
Recommended Citation
Elizabeth Berenguer et al., Gut Renovations: Using Critical and Comparative Rhetoric to Remodel How the Law Addresses Privileges and Power, 23 Harv. Latinx L. Rev. 205 (2020)Clicking on the button will copy the full recommended citation.
Supreme Court News Article
Date of Publication:
Recommended Citation
Louis J. Virelli and David S. Rubenstein, Supreme Court News, 45 Administrative & Regulatory Law News 22 (2020)Clicking on the button will copy the full recommended citation.
Administrative Law: Cases and Materials Book
Date of Publication:
Recommended Citation
Louis J. Virelli et al., Administrative Law: Cases and Materials (8th ed., 2020)Clicking on the button will copy the full recommended citation.
Administrative Law: Cases and Materials: Teacher’s Manual Book
Date of Publication:
Recommended Citation
Louis J. Virelli et al., Administrative Law: Cases and Materials: Teacher’s Manual (8th ed., 2020)Clicking on the button will copy the full recommended citation.
Florida Real Property Law (revisions and updates) Book
Date of Publication:
Recommended Citation
Darryl Wilson, Florida Real Property Law (revisions and updates) (Florida Bar Continuing Legal Education, 2020)Clicking on the button will copy the full recommended citation.
A Separation of Power Analysis of Forum Non Conveniens’ Adequate Available Forum Article
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Recommended Citation
Jason S. Palmer, A Separation of Power Analysis of Forum Non Conveniens’ Adequate Available Forum, 94 St. John's L. Rev. 157 (2020)Clicking on the button will copy the full recommended citation.
Under Article II, Section 1 of the United States Constitution, the President has the “executive power” of the United States. Much has been written about what the Framers intended when drafting this language in the Constitution. Most recent, in Zivotofsky v. Kerry, the Supreme Court determined that the Nation must “speak with one voice” with regard to policy about the legitimacy of foreign governments vis-à-vis the United States.
This foreign policy constitutional principle has important ramifications for how courts should address forum non conveniens analyses with regard to the adequate available forum. The Supreme Court neglected to provide substantive guidance in Piper Aircraft Co. v. Reyno with respect to the adequate available forum, leaving the lower courts to fend for themselves in determining when a forum is both adequate and available. As a result, lower court decisions are deeply divided as to when and how to dismiss a case to a foreign forum that is adequate and available.
This article posits that the courts are not the branch of government best suited to make this determination. Rather, the executive, as demonstrated through a critical review of Supreme Court separation of powers cases, is uniquely positioned to opine on whether a foreign judiciary can provide an adequate available forum. By deferring to the executive with respect to questions that involve such keys issues of foreign policy, courts avoid political landmines that are best left to the executive.
Reading American Indian Law: Foundational Principles Book
Date of Publication:
Recommended Citation
Grant Christensen and Melissa Tatum, Reading American Indian Law: Foundational Principles (Cambridge University Press, 2020)Clicking on the button will copy the full recommended citation.
Review of Recent Veterans Law Decisions of the Federal Circuit Article
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Recommended Citation
Stacey-Rae Simcox, Review of Recent Veterans Law Decisions of the Federal Circuit, 69 Am. U. L. Rev. 1343 (2020)Clicking on the button will copy the full recommended citation.
The last in-depth review of veterans law cases decided by the Federal Circuit was published by the American University Law Review in 2015. Since that time, the Federal Circuit has substantially changed procedural rules applicable to veterans cases, including authorizing the use of the class action device and clarifying the correct standard to use when challenging agency delay and inaction. In an important case with wide application to administrative law generally, the Federal Circuit addressed the issue of proper deference for agency regulations and policies. The Supreme Court granted certiorari in Kisor v. Wilkie and reaffirmed principles articulated in Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., articulating a new three-step analysis. With regard to substantive developments in the area of veterans law, the Federal Circuit reversed a prior 2008 decision and provided final and effective relief for "Blue Water" Navy Veterans who have long fought for Agent Orange-related benefits. It is a remarkable time to be a veterans advocate, and we are pleased to provide this update.
Tribal Court Litigation Book Chapter
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Recommended Citation
Grant Christensen et al., Tribal Court Litigation, in Recent Developments in Business and Corporate Litigation (American Bar Association, Business Law Section, 2020)Clicking on the button will copy the full recommended citation.