Nutshell on White Collar Crime Book
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Ellen S. Podgor et al., Nutshell on White Collar Crime (6th ed., West Academic Publishing, 2022)Clicking on the button will copy the full recommended citation.
2022
The Multifaceted Notion of Time in International Law Book Chapter
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Klara Van der Ploeg and Luca Pasquet, The Multifaceted Notion of Time in International Law, in International Law and Time: Narratives and Techniques (Klara Van der Ploeg et al. eds., Springer, 2022)Clicking on the button will copy the full recommended citation.
Although time forms a part of the very bedrock of international law as a legal order and fundamentally determines international law as a practice and discipline, the relationship between time and international law has received only limited attention. To most international lawyers, time appears as simply a technical problem, and mainstream international law doctrine presents international law as essentially atemporal. However, such attitudes obscure the complex temporalities involved in international law and the choices that have underpinned them. Time in international law is profoundly multifaceted, and there is significant intra-disciplinary diversity in the understanding of the relationship between international law and time. Nevertheless, international law and international lawyers may be said to primarily cope and engage with time in two main – albeit intertwined – ways: through the construction of narratives and through the development of legal techniques.
The Role of Business in Combatting Corrupt Criminal Conduct Article
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Ellen S. Podgor, The Role of Business in Combatting Corrupt Criminal Conduct, 83 Ohio St. L.J. 175 (2022)Clicking on the button will copy the full recommended citation.
This Essay examines the role of businesses in exacerbating or combatting corrupt criminal conduct. It uses as examples, the part businesses may have played in the insurrection at the Capitol on January 6th and the part played by businesses in the Russian aggression against Ukraine. It considers the role of both public and private law in combatting criminal conduct, and looks at whether hybrid criminal statutes are needed to facilitate the role businesses can play in assisting the government in the fight against criminal conduct, whether it be within or extraterritorial to this country. Although not advocating for a laissez-faire approach, especially when the company may be involved in criminal activity, it does remind businesses of how they can change their current poor image through an expressive function and in the process assist the government in fighting corrupt criminal conduct.
International Law Through Time: On Change and Facticity of International Law Book Chapter
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Recommended Citation
Klara Van der Ploeg, International Law Through Time: On Change and Facticity of International Law, in International Law and Time: Narratives and Techniques (Klara Van der Ploeg et al. eds., Springer, 2022)Clicking on the button will copy the full recommended citation.
International law has proved to be a highly dynamic legal order over time. However, dealing with change in international law is both analytically demanding and possibly normatively unsettling. The term ‘change’ regularly refers to distinct dimensions of change in relation to international law, ranging from alterations in its substantive content to the interplay between international law and its underlying social and physical reality. This conceptual heterogeneity has at times convoluted the consideration of the topic. Still, when conceptualizing international law as a process of continuous change over time, ‘practice’ emerges as the key normative vehicle enabling international law’s dynamism. The continuous normative responsiveness of international law to social reality – international law’s ‘facticity’ – actually operates as a defining characteristic of international law. The dynamic processes of change have regularly produced concerns about the stability of international law as a necessary precondition for international law’s capacity to provide a stable framework for social action in the international domain. At the same time, commentators have suggested that international law’s lawmaking tools may be inadequate for the realities of contemporary international relations due to the asynchrony between international law’s formal sources and social acceleration. However, both of these apprehensions seem overstated.
Holding States Accountable for Harmful Algal Blooms: Florida’s Water Crisis in Focus Article
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Jaclyn Lopez and Jason Totoiu, Holding States Accountable for Harmful Algal Blooms: Florida’s Water Crisis in Focus, 33 U. Fla. J.L. & Pub. Pol'y 1 (2022)Clicking on the button will copy the full recommended citation.
Scientists generally agree that agricultural runoff is a principal source of nutrient pollution in the United States. Intensive agricultural practices have resulted in decades of phosphorus and nitrogen accumulating in the natural system which continue to contribute substantially to nutrients entering watersheds. Coupled with failed water quality control measures, this water pollution has led to some of the worst harmful algal blooms (HABs) in recorded history. These nonpoint sources need to be addressed to restore and protect water quality. Florida's Lake Okeechobee watershed provides an apt case study. Commonly referred to as the "liquid heart" of the Everglades, the lake has experienced a proliferation of large scale HABs, sometimes covering an area of more than 500 square miles and observable from space. These HABs wreak havoc on the lake's ecology. When the lake reaches water levels that pose a flooding risk to communities to the south, the United States Army Corps of Engineers discharges billions of gallons of algae and nutrient laden water to the Caloosahatchee and St. Lucie estuaries on the west and east coasts. These algae blooms cause additional harm and destruction to wildlife in these systems and pose a threat to human health and local economies. This Article seeks to provide water quality advocates, lawmakers, and government agencies with a regulatory and policy framework for addressing HABs in their states, using Lake Okeechobee and its coastal estuaries as a case study.
Lawyer’s Guide to Florida Legal Research BookForthcoming
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Kristen R. Moore et al., Lawyer’s Guide to Florida Legal Research (Vandeplas Publishing, 2022)Clicking on the button will copy the full recommended citation.
Maximizing Autonomy and Ensuring Accountability Rights-Based Post-Appointment Issues In The “New Normal” Article
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Rebecca C. Morgan and Ed Boyer, Maximizing Autonomy and Ensuring Accountability Rights-Based Post-Appointment Issues In The “New Normal”, 72 Syracuse L. Rev. 41 (2022)Clicking on the button will copy the full recommended citation.
Post-appointment rights for an adult under guardianship allow the adult to exercise as much autonomy and independence as possible, while providing the adult with dignity. Although all post-appointment rights are important, this article focuses on four: (1) listing the rights and notifying the adult and their surrogates of these post-appointment rights; (2) the post-appointment rights of the adult to marry and to obtain a divorce; (3) the adult’s right of visitation with others; and (4) the adult’s right to seek termination of a guardianship. Recommendations from the authors focus on increasing the protections for adults with these post-appointment rights
When is a Debt “Obtained By” Fraud?: Reconsideration of the Fraud Nondischargeability Exception under Section 523(a)(2) of the Bankruptcy Code Article
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Theresa J. Pulley Radwan, When is a Debt “Obtained By” Fraud?: Reconsideration of the Fraud Nondischargeability Exception under Section 523(a)(2) of the Bankruptcy Code, 124 West Va. L. Rev. 385 (2022)Clicking on the button will copy the full recommended citation.
Embracing Failures and Employing Humility Article (Online)
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Em Wright, Embracing Failures and Employing Humility (2022)Clicking on the button will copy the full recommended citation.
Empowering the Wicked: How Some Agents Use a Power of Attorney to Commit the Crime of Financial Exploitation Article
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Rebecca C. Morgan et al., Empowering the Wicked: How Some Agents Use a Power of Attorney to Commit the Crime of Financial Exploitation, 30 University of Illinois Elder L.J. 1 (2022)Clicking on the button will copy the full recommended citation.