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Identity theft and the case for a national credit report freeze law: I. INTRODUCTION The statistics tell the story. (1) The personal data of over forty-five million consumers was compromised in 2005 alone. (2) From mid-2006 to 2007, approximately fifteen million Americans fell victim to identity theft due to the misuse of compromised data, a fifty percent increase since 2003. (3)...; Tags: Consumers Union, creditor, Freeze, freeze, Identity, SECURITY, Stat; Research articles 2008-03-01
Political Foundations of Judicial Supremacy.(Book review): Political Foundations of Judicial Supremacy BY KEITH WHITTINGTON NEW JERSEY: PRINCETON UNIVERSITY PRESS, 2007. pp. 296. $49.00 INTRODUCTION I. THE POLITICAL UTILITY OF COURTS II. THE GROWTH OF JUDICIAL SUPREMACY III. THE PEOPLE'S COURT?...; Tags: Barry, immunity, Johnson, Lincoln, Marshall, president, Pub, Robert, Roosevelt, Stat, U.S., U.S. Congress, U.S. Department of State; Research articles 2008-03-01
Federal Employment Discrimination-Jones v. R.R. Donnelley & Sons Co.: The Inadequacy of the Federal "Catchall" Statute of Limitations: I. INTRODUCTION .......................................................................232 II. THE HISTORY OF § 1981 ...................................................233 III. DETERMINING THE APPROPRIATE LIMITATIONS PERIOD FOR § 1981 CLAIMS BEFORE CONGRESS ENACTED THE FOUR-YEAR CATCHALL STATUTE OF LIMITATIONS ...239 IV. THE FEDERAL CATCHALL STATUTE OF LIMITATIONS & ITS PURPOSES....................................................................243 V. THE CONTEXT AND HOLDING OF JONES V. R.R. DON; Tags: Cir, Harassment, Johnson, Jones, Litigation, Nelson, Patterson, Siegel, Stat, statute, STATUTE, U.S., U.S. Congress; Research articles 2008-01-01
Enforcing the treaty rights of aliens.: Despite the Supremacy Clause's declaration that treaties are the "Law of the Land," efforts to incorporate treaties that guarantee individual rights into domestic law have been stymied by a wave of political opposition. Critics argue that giving these treaties the force of domestic law would be inconsistent with constitutional values...; Tags: alien, Bradley, Bush, Carter, Cir, Ferguson, Government, president, Pub, SOFTWARE, Stat, treaty, U.S., U.S. Congress; Research articles 2008-01-01
The canons of war.: War powers hang in a delicate balance, with conflicting statutes overlying contrasting constitutional prerogatives. Because Congress has filled nearly every shadowy corner of Justice Jackson's "zone of twilight" with its own imprimatur, war powers debates now hinge on traditional statutory interpretation, albeit in a unique context. This Note draws upon...; Tags: authorization, Bush, Canon Inc., Cir, Government, president, Pub, Richard, Stat, statute, U.S., U.S. Congress, U.S. Department of Justice; Research articles 2007-11-01

International law and constitutional interpretation: the commander in chief clause reconsidered.: The Commander in Chief Clause is a difficult, underexplored area of constitutional interpretation. It is also a context in which international law is often mentioned, but not fully defended, as a possible method of interpreting the Constitution. This Article analyzes why the Commander in Chief Clause...; Tags: authorization, Cir, Continental, president, Stat, statute, treaty, U.S., U.S. Congress, vessel; Research articles 2007-10-01
Choosing between the necessity and public interest standards in FCC review of media ownership rules.: Section 202h of the Telecommunications Act of 1996, as amended, directs the Federal Communications Commission ("FCC") to review its media ownership rules every four years. But the statute contains an ambiguity regarding the standard of review that the FCC must apply during such proceedings. To retain...; Tags: agency, Cir, commission, FCC, Government, Pub, regulation, standards, Stat, telecommunications, U.S. Congress; Research articles 2007-10-01
Fighting the high cost of health care: both insurers and consumers have an interest in widely available, low-cost generic drugs. The big pharmaceutical companies have stymied competition from makers of generic alternatives. Trial lawyers have joined force: According to statistics from the U.S. Census Bureau, roughly 85 percent of Americans have some type of health insurance. (1) Some people get coverage through government-subsidized programs, but most have employer-provided or independently purchased private insurance. That most insurance comes from private companies should...; Tags: Benefits, certification, Cir, FDA, FTC, HEALTHCARE, litigation, Medtronic Inc., patent, SOFTWARE, Stat; Research articles 2007-10-01
The netting of costs against income receipts produced by such costs, without barring Congress from disallowing such costs: I. INTRODUCTION This article principally argues that, under the federal income tax, costs of obtaining specific sums of money should be capitalized as opposed to being treated as expenses, just as costs of obtaining property should be capitalized. (1) Insofar as a right or claim to money is itself...; Tags: Alexander, asset, capitalization, CCH, Cir, Clark, Commissioner, deduction, Estate, FINANCE, income, litigation, M., McDonald, Murphy, payment, Pub, recovery, reimbursement, Stat, Taxes, theory, U.S. Congress; Research articles 2007-09-22
What's good for the goose is not good for the gander: Sarbanes-Oxley style nonprofit reforms.: In this Article, I contend that the Sarbanes-Oxley-inspired nonprofit reforms currently being put forward in seven states, particularly the costly disclosure requirements, will be of little value in the effort to improve ethical nonprofit board governance. After providing a primer on the oversight of nonprofit organizations...; Tags: audit, board, director, ethics, financial, Internal Revenue Service, Miller, nonprofit, Nonprofit, Pub, Stat, theory; Research articles 2007-06-01
Notice 2007-41: Public Comment Invited on Recommendations for 2007-2008 Guidance Priority ListThe Department of Treasury and Internal Revenue Service invite public comment on recommendations for items that should be included on the 2007-2008 Guidance Priority List.Treasury's Office of Tax Policy and the Service use the Guidance Priority List each year to identify...; Tags: FINANCE, Pub, Stat, Taxes, U.S. Department of Treasury; Research articles 2007-05-21
Chevronizing foreign relations law.: A number of judge-made doctrines attempt to promote international comity by reducing possible tensions between the United States and foreign sovereigns. For example, courts usually interpret ambiguous statutes to conform to international law and understand them not to apply outside of the nation's territorial boundaries. The international comity doctrines are...; Tags: agency, ambiguity, Bradley, Chevron Corp., Cir, Immigration, president, Pub, Stat, statute, treaty, U.S., U.S. Congress; Research articles 2007-04-01
The constitutional foundations of Chenery.: The Supreme Court regularly upholds federal legislation on grounds other than those stated by Congress. Likewise, an appellate court may affirm a lower court judgment even if the lower court's opinion expressed the wrong reasons for it. Not so in the case of judicial review of administrative agencies. The established...; Tags: agency, Chevron Corp., Cir, delegation, M., Merrill, president, Pub, Richard, Stat, statute, U.S., U.S. Congress; Research articles 2007-03-01
Reconstructing section 5: a post-Katrina proposal for voting rights act reform.(Louisiana): Section 5 of the Voting Rights Act VRA--the preclearance provision that is the most potent weapon in the nation's civil rights arsenal--quietly suffered an unexpected defeat in the aftermath of Hurricane Katrina. The "static benchmarking test" used to administer section 5 failed to fulfill a core VRA mandate: the preservation...; Tags: benchmarking, Katrina, Louisiana, Marshall, satellite, Stat, U.S. Department of Justice; Research articles 2007-03-01
Executing the insane: a look at death penalty schemes in Arkansas, Georgia and Texas: Faced with such widespread evidence of a restriction upon sovereign power, this Court is compelled to conclude that the Eighth Amendment prohibits a State from carrying out a sentence of death upon a prisoner who is insane. Whether its aim be to protect the condemned from fear and pain without...; Tags: ARK, Arkansas, Cir, Ford Motor Co., Patterson, punishment, STAT; Research articles 2007-01-01
Environmental economics: a market failure approach to the commerce clause.: Congressional authority to enact environmental legislation has been called into question by recent Supreme Court cases suggesting that Commerce Clause regulation is valid only if Congress is regulating economic activity. This Note proposes a market failure approach to guide the new economic inquiry. Under this approach, statutes that correct market...; Tags: Cir, Environmental, externality, Government, LLC, Morrison, pollution, Pub, regulation, Regulations, Robert, species, Stat, statute, U.S., U.S. Congress; Research articles 2006-11-01
From employment to contract: section 1981 and antidiscrimination law for the independent contractor workforce.: The American workplace has undergone a fundamental transformation as businesses increasingly have replaced traditional employees with independent contractors. Yet many of these individuals fall outside federal employment law, including Title VII's antidiscrimination protections. This Note addresses the legal gap in coverage and proposes using 42 U.S.C. [section] 1981, a Reconstruction-era...; Tags: Cir, Darden, Jones, Mary, Richard, Stat, statute, Stone, U.S. Congress, Williams, worker, workforce, workplace; Research articles 2006-10-01
How to remove a federal judge.: Most everyone assumes that impeachment is the only means of removing federal judges and that the Constitution's grant of good-behavior tenure is an implicit reference to impeachment. This Article challenges that conventional wisdom. Using evidence from England, the colonies, and the revolutionary state constitutions, the Article demonstrates that at the...; Tags: Alexander, Blackstone, Continental, Council, Declaration, judge, officer, Stat, statute, tenure, U.S. Congress; Research articles 2006-10-01
State executive lawmaking in crisis.: ABSTRACT Courts and scholars have largely overlooked the constitutional source and scope of a state executive's powers to avert and respond to crises. This Article addresses how actual and perceived legal barriers to executive authority under state constitutions can have ma]or consequences...; Tags: California, Cole, Fletcher, Government, Governor, Katrina, presumption, Regulations, Richard, Stat, statute, U.S. Congress; Research articles 2006-10-01
Post-disaster tax legislation: a series of unfortunate events.: ABSTRACT When a disaster strikes the United States, Congress typically feels heavy pressure to enact legislation, including tax legislation, to provide relief. This Article discusses features of two tax legislative initiatives, which responded to two quite different disasters: first, the response to the...; Tags: Bush, COMM, deduction, FINANCE, Gulf, income, Katrina, Pub, Stat, Taxation, Taxes, Treasury, U.S. Congress; Research articles 2006-10-01