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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.
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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.
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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.
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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.
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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.
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Darryl Wilson and Jason W. Hirata, Keeping Current–Property, 34 Probate and Property 18 (2020)Clicking on the button will copy the full recommended citation.
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Robyn Powell et al., Perceived Community-Based Needs of Low-Income Parents with Psychiatric Disabilities Who Experienced Legal Challenges to Their Parenting Rights, 112 Children and Youth Services Review 104902 (2020)Clicking on the button will copy the full recommended citation.
Substantial numbers of US parents with psychiatric disabilities are highly vulnerable to loss of child custody or visitation, through child welfare system involvement or divorce proceedings. This study describes the community-based needs of parents with psychiatric disabilities who experienced legal challenges to their parenting rights. This exploratory study involved semi-structured telephone interviews with twelve former clients of a legal services program that provides representation to low-income parents with psychiatric disabilities facing challenges to child custody or visitation. Interviews were audio-recorded, professionally-transcribed, and analyzed using a qualitative, content analysis approach. Three broad themes emerged regarding the types of supports parents reported as useful for their well-being: (1) informal support networks; (2) responsive mental health care for the whole family; and (3) meaningful legal representation. Within these three areas, unmet needs were frequent and problematic. A fourth theme emerged: chronic economic hardships and material deprivation, which point to unmet financial needs. The needs and supports described in this study should be addressed through the development of comprehensive services and supports that meet the psychosocial, legal, and socioeconomic needs of parents with psychiatric disabilities and their children. Future research is also warranted.
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Paul Boudreaux, Opportunity Zones: A Better Plan for Place-Based Help for Low- Income Communities?, in Virtual Land Use Institute 2020 (May 1, 2020)Clicking on the button will copy the full recommended citation.
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Ciara Torres-Spelliscy, Elegy for Anti-Corruption Law: How the Bridgegate Case Could Crush Corruption Prosecutions and Boost Liars, 69 Am. U. L. Rev. 1689 (2020)Clicking on the button will copy the full recommended citation.
This piece discusses how the case Kelly v. United States, which was pending before the Supreme Court when this piece was written, was likely to expand two different developments in the Roberts Court’s jurisprudence: (1) expanding the constitutional protections for lying under the First Amendment and (2) narrowing the definition of corruption. This Piece describes how lower courts ruled in the Kelly case as well as arguments deployed by Kelly’s lawyers at the Supreme Court to try to exonerate their client Bridget Anne Kelly for her role in the Bridgegate scandal.
Epilogue: As this piece was being printed, the Supreme Court decided Kelly v. United States, 590 U. S. ____ , No. 18-1059 (U.S. May. 7, 2020). As predicted by the piece, the Supreme Court in Kelly expanded the Skilling case and narrowed what counts as corruption concluding “not every corrupt act by state or local officials is a federal crime.”
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Erin Okuno, Live Critique of Oral Arguments: Response to Amanda L. Sholtis, Say What?: A How-To Guide on Providing Formative Assessment to Law Students Through Live Critique (2020)Clicking on the button will copy the full recommended citation.