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The Bluebook

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Volume 22, 2024

New Zealand Yearbook of International Law

Americans take it for granted that the states of the union make up an economic common market. But that is the case only because early in the nation's history the Supreme Court ruled that the Commerce Clause of the Constitution establishes a principle--sometimes called the "dormant Commerce Clause" principle--that blocks individual states from cutting off the free flow of cross-border trade. From the 1820s onward the Court has issued hundreds of rulings applying this doctrine to prevent the states from imposing tariff-like taxes, local processing requirements, and other restrictions on the free movement of goods and services across state lines. The result for the nation has been, as Justice Robert Jackson once observed, a "material success that . . . has been the most impressive in the history of commerce." After joining the Court in 1986 Justice Antonin Scalia challenged the dormant Commerce Clause principle as an illegitimate judicial innovation at odds with a proper "originalist" interpretation of the Constitution. This critique, moreover, quickly picked up steam as other prominent jurists and commentators--most notably, Justice Clarence Thomas--gave it their enthusiastic support. Is the originalist challenge to the dormant Commerce Clause rule well-founded? In The Common-Market Constitution, Coenen argues that the answer is no. Like Justice Scalia, Coenen focuses on discovering the original public meaning of the Commerce Clause. According to Coenen, however, the text and history of that clause compel a conclusion that is the direct opposite of the one that Justice Scalia reached. As Coenen demonstrates, a proper originalist assessment of the dormant Commerce Clause principle requires consideration of a sweeping body of text- and history-based evidence that ranges far beyond what critics of that principal rule have focused on in the past. A full and fair appraisal of that evidence, Coenen argues, leaves no doubt that the constitutional rule that the Court has long applied to safeguard the American common market does reflect the original public meaning of the Commerce Clause.

Text, History, and the "Dormant Commerce Clause" Rule

The Common-Market Constitution

Asian Yearbook of International Law, Volume 30 (2024)

The EU and Nato's Mutual Defence Clauses in an Era of Strategic Uncertainty

Europe's Collective Defence Architecture

Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 43 (2025)

Addressing Agency Costs Through Monitoring and Corporate Litigation

Short-Termism and Shareholder Engagement

The Office of Hawaiian Affairs is a semi-autonomous government agency established at the height of the Hawaiian cultural and political renaissance to expend public funds for the benefit of Native Hawaiians. In The Sword of History Troy Andrade offers a legal and political history of this agency in order to excavate its role in the ongoing struggle for Native Hawaiian self-determination. Andrade demonstrates how the framing of past events in connection with present-day lawmaking perpetuates narratives of either justice or injustice, which in turn support or undermine the legal bases for reparative action. He sheds light on how history becomes a metaphorical sword that is wielded by those with power to control reconciliation efforts. &nbsp;&nbsp;Using legal records, archival materials, and personal interviews, this manuscript expands on legal-historical understandings of the use of collective memory in different legal institutions, such as through state constitution building, legislation, and court opinions. Andrade deftly weaves a compelling narrative out of these complex and often fraught legal battles, which often had implications far beyond the Hawaiian state. Ultimately this book offers a novel perspective on the complicated legal politics surrounding indigeneity in the U.S. writ large.

The Office of Hawaiian Affairs and the Struggle for Reparative Justice

The Sword of History

If you want to know more about living trusts, this book is here to help. Make Your Living Trust gives you straightforward and easy-to-understand information about how living trusts: <ul> <li>compare to wills</li> <li>pass property to beneficiaries without probate</li> <li>provide for minor children, and</li> <li>help protect against unexpected incapacity.</li> </ul> You might have heard about living trusts and have a general sense that you should make one. But if you're like most people, you're not exactly sure why or how to do it. If this sounds like you, Make Your Living Trust provides the information and support you need to make informed estate planning decisions. For many people, living trusts are a useful tool to keep their property out of probate. This makes a lot of sense because probate often makes the process of wrapping up an estate more complicated and expensive than it needs to be. And there are other reasons to make a living trust -- a living trust allows you to authorize someone to take care of your property in case of incapacity, and (unlike wills) living trusts keep your personal business private. That said, not everyone needs a living trust. Many people need only a will and a durable power of attorney. Others might use those in conjunction with pay-on-death accounts or transfer-on-death deeds. Compared to other estate planning tools, living trusts can be more expensive to create and more complicated to live with. So, you don't want to go through the trouble and expense of making one if you don't need to. Make Your Living Trust helps you think through these and many other trust-related issues. For example, it helps you weigh the pros and cons of making a living trust yourself versus having an attorney draw one up. It also covers questions that might come up as you make a living trust (with or without a lawyer), like: <ul> <li>What types of property work well in a living trust?</li> <li>Can you and your spouse make a living trust together?</li> <li>What is the role of a successor trustee?</li> <li>Who decides when minor children receive their inheritance?</li> <li>How do you transfer property into your living trust?</li> <li>What makes a living trust legal?</li> <li>Where should you store your living trust?</li> <li>Do you have to register your trust or share it with your family?</li> <li>What other estate planning documents might you need?</li> </ul> Make Your Living Trust can help with all of this and more. It will be your steady companion as you learn about wills and trusts and start to craft your estate plan.

Make Your Living Trust

The Partner Paradox: From Brilliant Technician to Strategic Client Partner Promotion to partner changes the rules. The work that earned the title is still valuable, but it is no longer the whole job. Technical mastery becomes table stakes. What clients value most is harder to learn on the fly: partners who understand their business, help them see around corners, and make every interaction a good use of their time. Wendy L. Bernero spent more than thirty years at the highest levels of legal marketing and strategy, including as Chief Marketing Officer at Baker McKenzie, Paul Weiss, and Fried Frank. In The Partner Paradox, she distills that experience into a fast-moving parable about a newly promoted litigation partner with seven business days to figure out what “value” really means to a major client’s CEO and general counsel. Readers will discover: <ul> <li>Why technical excellence is the price of admission, not the whole job</li> <li>How the Diagnose-Deploy-Design method turns client understanding into measurable business value</li> <li>How to lead high-stakes value conversations with CEOs and general counsel</li> <li>Why your marketing and business development colleagues are growth partners, not order-takers</li> </ul> Written for emerging partners, practice leaders, and the marketing and business development professionals who support them, The Partner Paradox shows lawyers how to shift from selling technical skills to solving business problems.

What High-Performing Lawyers Do Differently

The Partner Paradox

A comprehensive guide to U.S. visas and green cards, covering both eligibility and practical steps toward obtaining the desired benefit. Readers will learn how the U.S. immigration bureaucracy functions (or malfunctions) and whether they potentially qualify for a green card based on family or work; a temporary visa for tourism, study, work, or a cultural exchange; or another program or remedy, such as asylum or a U visa. Useful for both would-be immigrants and those who assist them.

U.S. Immigration Made Easy

Market Abuse, Insider Dealing and Financial Crime

Alabama Water-Resources Law is first truly comprehensive study examining the structure and shortcomings of Alabama's water law. This prodigious treatise provides a necessary tool to help the state and its people understand and prepare for the wise use of its water resources. Part I provides a clear and critical statement of Alabama's current water law in eleven chapters. Part II expands on the criticisms of existing Alabama law, recounts the history of previous efforts at addressing those criticisms, and makes recommendations for change, taking lessons from other southeastern states.This is a must-read for all Alabama policy-makers, attorneys, and concerned citizens to answer water-law questions and to make proactive laws to bring Alabama into twenty-first-century practices.

A Critical Treatise

Alabama Water-Resources Law

The Bluebook

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