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Plenary Power And Animus In Immigration Law, Shalini Bhargava Ray
Plenary Power And Animus In Immigration Law, Shalini Bhargava Ray
Articles
After a campaign denigrating Muslims as "sick people" blaming the children of Muslim Americans for terrorism and promising to "shut down" Muslim immigration and mere days after his inauguration President Donald J Trump banned the nationals of seven majorityMuslim countries from entry into the United States In the litigation that followed one question persisted how should courts analyze an exclusion order when the President invokes a national security justification and there is also direct evidence of racial or religious animus The Supreme Court reviews exclusion decisions deferentially for the existence of a "facially legitimate and bona fide reason" under Kleindienst …
Rodrigo's Rebuke: Originary Violence And U.S. Border Policy, Richard Delgado
Rodrigo's Rebuke: Originary Violence And U.S. Border Policy, Richard Delgado
Articles
Offers a new way to see immigration laws and policies namely as instances of originary violence Notes that recent official actions including travel bans family separation and cutbacks in asylum are examples of both originary violence and the ordinary kind Shows how the two are connected and proposes a number of means to attack them
Children's Rights To A Livable Future, Richard Delgado
Community Consequences Of Airbnb, Allyson E. Gold
Community Consequences Of Airbnb, Allyson E. Gold
Articles
Short-term rental accommodations account for more than 20% of the United States lodging market, with annual sales now greater than those of nearly all legacy hotel brands. The rise of companies like Airbnb has created a booming market that provides affordable short-term rentals for travelers and new income for those with an extra couch, spare room, or even an unused home. However, while individual hosts and guests may benefit economically, the use of short-term rentals produces significant consequences for the surrounding community. Airbnb proliferation causes fewer affordable housing options, higher average asking rents, and erosion of neighborhood social capital. Due …
Regulating Bank Reputation Risk, Julie Andersen Hill
Regulating Bank Reputation Risk, Julie Andersen Hill
Articles
In the aftermath of a school shooting in Florida the New York State bank regulator urged banks to manage the "reputation risk" posed by doing business with the National Rifle Association a gun rights advocacy group As part of Operation Choke Point a federal regulator told banks to end relationships with payday lenders because those activities posed "reputation risk" Another federal regulator warns banks their reputations might be damaged by lending to oil and gas companies that are perceived to cause environmental harm Reputation risk is the risk that bank stakeholders will negatively change their perception of the bank It …
An Empirical Analysis Of Sexual Orientation Discrimination, J. Shahar Dillbary, Griffin Edwards
An Empirical Analysis Of Sexual Orientation Discrimination, J. Shahar Dillbary, Griffin Edwards
Articles
This study is the first to empirically demonstrate widespread discrimination across the United States based on perceived sexual orientation sex and race in the mortgage lending process Our analysis of over five million mortgage applications reveals that any FHA loan application filed by samesex male coapplicants is significantly less likely to be approved compared to the white heterosexual baseline holding lending risk constant The most likely explanation for this pattern is sexual orientation based discrimination "” despite the fact that FHA loans are the only type of loan in which discrimination on the basis of sexual orientation is prohibited brbrMoreover …
The Case Against Expanding Defamation Law, Yonathan A. Arbel, Murat Mungan
The Case Against Expanding Defamation Law, Yonathan A. Arbel, Murat Mungan
Articles
It is axiomatic that defamation law protects reputation This proposition"”common sensical pervasive and influential"”is wrong But it is wrong in a very instructive way and a careful examination of its mistaken assumptions carries deep lessons for First Amendment jurisprudence defamation law and the regulation of falsehoods across legal fields brbrThe key fallacy is the failure to recognize that laws not only affect how individuals behave but also how they think Whenever an allegation is made individuals decide whether and how much to trust it based on myriad factors One such factor is the strictness of defamation laws To the extent …
Antebellum And Postbellum Testamentary Transfers In Three Kentucky Counties Symposium: Empirical Analysis Of Wealth Transfer Law, Alberto B. Lopez
Antebellum And Postbellum Testamentary Transfers In Three Kentucky Counties Symposium: Empirical Analysis Of Wealth Transfer Law, Alberto B. Lopez
Articles
This Article analyzes wills and inventories probated in three Kentucky counties, Boone, Woodford, and Wayne Counties, between 186 and 187. The results of the study show that married women in the three counties generally did not execute wills during the sample period, which is an expected result given the testamentary limitations imposed upon married women by Kentucky law. Despite dual encumbrances imposed by common and statutory law during the sample period, legislative and judicial action before, during, and after the sampled decade illustrates the advance of women's property rights in Kentucky. The Kentucky General Assembly passed a number of private …
Do Judges Cry? An Essay On Empathy And Fellow-Feeling, Richard Delgado, Jean Stefancic
Do Judges Cry? An Essay On Empathy And Fellow-Feeling, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
Children As Bargaining Chips, Clare Ryan
Children As Bargaining Chips, Clare Ryan
Articles
The parent- child relationship is one of the most valued and protected relationships in constitutional and family law. At the same time, the state has custodial power over children: a power that is necessary in some cases to protect vulnerable children from danger, neglect, and abandonment. But because the parent-child bond is so powerful, state actors can be tempted to exploit it for their own purposes. Custodial power over children provides state actors with the means to put pressure on the parent by threatening to remove the child. In these circumstances, the state uses the child as a bargaining chip …
Plenary Power And Animus In Immigration Law, Shalini Bhargava Ray
Plenary Power And Animus In Immigration Law, Shalini Bhargava Ray
Articles
No abstract provided.
Don't Reject Federal Prosecutors' Role In Criminal Justice Reform Crimfest 2019, Joyce Vance
Don't Reject Federal Prosecutors' Role In Criminal Justice Reform Crimfest 2019, Joyce Vance
Articles
No abstract provided.
Presidential Laws And The Missing Interpretive Theory, Tara Leigh Grove
Presidential Laws And The Missing Interpretive Theory, Tara Leigh Grove
Articles
There is something missing in interpretive theory Recent controversies"”involving for example the first travel ban and funding for sanctuary cities"”demonstrate that presidential "laws" executive orders proclamations and other directives raise important questions of meaning Yet while there is a rich literature on statutory interpretation and a growing one on regulatory interpretation there is no theory about how to discern the meaning of presidential directives Courts for their part have repeatedly assumed that presidential directives should be treated just like statutes But that cannot be right Theories of interpretation depend on both constitutional law and institutional setting For statutes the relevant …
Should Good People Be Doctors: A Comment On Paul Butler And Anonymous, Richard Delgado
Should Good People Be Doctors: A Comment On Paul Butler And Anonymous, Richard Delgado
Articles
No abstract provided.
Metamorphosis: A Minority Professor's Life, Richard Delgado
Metamorphosis: A Minority Professor's Life, Richard Delgado
Articles
This article is a dark semiautobiographical takeoff on a famous novel by Franz Kafka I use the predicament of Gregor the central character in The Metamorphosis as a thematic metaphor to explain a series of events in the life of an outwardly successful man of color teaching law It proceeds in a series of 37 short vignettes told in the course of a bedside conversation in which my young firebrand Rodrigo turns tables on his usual foil and straight man "the Professor" and asks him a few questions about his life and career Until now the two had focused on …
Ecumenical Evangelical Legal Thought: The Contributions Of Robert F. Cochran, Jr. Overview: Robert Cochran As Scholar And Institutional Entrepreneur, William S. Brewbaker Iii
Ecumenical Evangelical Legal Thought: The Contributions Of Robert F. Cochran, Jr. Overview: Robert Cochran As Scholar And Institutional Entrepreneur, William S. Brewbaker Iii
Articles
No abstract provided.
Innovation Agents, Mirit Eyal-Cohen
Innovation Agents, Mirit Eyal-Cohen
Articles
The standard narrative of entrepreneurship is one of self-employed creative individuals working out of their garage or independently owned start-up companies. Intrapreneurship--where employees are responsible for being alert to new opportunities inside firms--is another model for developing innovations. Relatively little is known, however, about the latter process through which large, complex firms engage in groundbreaking corporate entrepreneurship. This Article's focus is on these types of innovation agents. It provides a thorough account of the positive and negative spillovers of intrapreneurial firms while making the following key points: First, intrapreneurial companies utilize their economies of scale, scope, and age to deliver …
The Finch Initiative: Reconnecting Law Students To Rural Alabama, Mark E. Brandon, Benjamin M. Bowden, Robert B. Thompson
The Finch Initiative: Reconnecting Law Students To Rural Alabama, Mark E. Brandon, Benjamin M. Bowden, Robert B. Thompson
Articles
No abstract provided.
Taming Blockbuster Punitive Damages Awards, Benjamin J. Mcmichael, W. Kip Viscusi
Taming Blockbuster Punitive Damages Awards, Benjamin J. Mcmichael, W. Kip Viscusi
Articles
Blockbuster punitive damages awards ie those awards exceeding 100 million attract attention based on their sheer size While there have been fewer such awards in the last decade they remain an important presence in the legal landscape Taking notice of these and other large punitive damages awards courts and state policymakers have taken steps to both constrain them and render them more predictable States have enacted punitive damages caps to limit the amount of punitive damages courts can award but these caps often contain a number of exceptions and apply only to damages under a specific state's law At a …
The Clear And Present Dangers Of The Clear And Present Danger Test: Schenck And Abrams Revisited, Ronald J. Krotoszynski Jr.
The Clear And Present Dangers Of The Clear And Present Danger Test: Schenck And Abrams Revisited, Ronald J. Krotoszynski Jr.
Articles
From March 3 1919 to November 10 1919 Justice Oliver Wendell Holmes's understanding of the First Amendment underwent a transformation In Schenck Debs and Frohwerk all decided in March 1919 Justice Holmes authored majority opinions that embraced a "bad tendencies" test as the constitutional standard required to regulate "“ or even proscribe entirely "“ political speech that includes a call to unlawful action Although Holmes used the language of a "clear and present danger" these decisions applied a very deferential standard of review and did not require the government to prove beyond a reasonable doubt the probability of political speech …
Fiduciary Injury And Citizen Enforcement Of The Emoluments Clause, Meredith M. Render
Fiduciary Injury And Citizen Enforcement Of The Emoluments Clause, Meredith M. Render
Articles
No abstract provided.
Notice Pleading In Exile, Adam N. Steinman
Notice Pleading In Exile, Adam N. Steinman
Articles
According to the conventional wisdom the Supreme Courts 2009 decision in Ashcroft v Iqbal discarded notice pleading in favor of plausibility pleading This Article "” part of a symposium commemorating the Iqbal decisions tenth anniversary "” highlights decisions during those ten years that have continued to endorse notice pleading despite Iqbal It also argues that those decisions reflect the best way to read the Iqbal decision Although Iqbal is a troubling decision in many respects it can be implemented consistently with the noticepleading framework that the original drafters of the Federal Rules of Civil Procedure had in mind
Crime Fantasies, John Felipe Acevedo
Reputation Failure: The Limits Of Market Discipline In Consumer Markets, Yonathan A. Arbel
Reputation Failure: The Limits Of Market Discipline In Consumer Markets, Yonathan A. Arbel
Articles
Many believe that consumersourced reputational information about products would increasingly replace topdown regulation Instead of protecting consumers through coercive laws reputational information gleaned from the wisdom of the crowd would guide consumer decision making There is now a growing pressure to deregulate in diverse fields such as contracts products liability consumer protection and occupational licensingbrbrThis Article presents a common failure mode of systems of reputation "Reputation Failure" By spotlighting the publicgood nature of reviews rankings and even gossip this Article shows the mismatch between the private incentives consumers have to create reputational information and its social value As a result …
Consumer Activism: From The Informed Minority To The Crusading Minority Twenty-Fifth Annual Clifford Symposium On Tort Law And Social Policy: Rising Stars: A New Generation Of Scholars Looks At Civil Justice: Articles & Essays, Yonathan A. Arbel, Roy Shapira
Consumer Activism: From The Informed Minority To The Crusading Minority Twenty-Fifth Annual Clifford Symposium On Tort Law And Social Policy: Rising Stars: A New Generation Of Scholars Looks At Civil Justice: Articles & Essays, Yonathan A. Arbel, Roy Shapira
Articles
No abstract provided.
Associations And Cities As (Forbidden) Pure Private Attorneys General, Heather Elliott
Associations And Cities As (Forbidden) Pure Private Attorneys General, Heather Elliott
Articles
The Supreme Court interprets Article III's case-or-controversy language to require a plaintiff to show injury in fact, causation, and redressability. A plaintiff who meets that tripartite test has standing to sue and thus a personal stake in pursuing the litigation. Accord- ingly, in Sierra Club v. Morton, the Supreme Court prohibited pure private attorneys general: litigants who would sue without the requisite personal stake. This limitation extends to organizations. They, too, must show standing on their own account or, under Hunt v. Washington Apple Advertising Commission, identify a member with Article Ill standing and show how the lawsuit is germane …
Black Market Law Firms, Casey E. Faucon
Black Market Law Firms, Casey E. Faucon
Articles
In business and in competition, value exists in striking first. Accountants, the so- called hawks of the professional world, have made the first move. In September 217, the global accounting giant PwC opened a law firm in Washington, D.C. called ILC Legal. ILC Legal not only provides legal services on non-domestic matters, but also acts as a multidisciplinary provider (MDP) and offers other professional services, such as tax-planning, business consulting, and marketing, throughout its ninety-country network. In June 218, Deloitte quickly followed suit, the second of the Big Four accounting firms to enter the U.S. MDP market, partnering with a …
A Few Grains Of Incense: Law, Religion, And Politics From The Perspective Of The "Christian" And "Pagan" Dispensations, Paul Horwitz
A Few Grains Of Incense: Law, Religion, And Politics From The Perspective Of The "Christian" And "Pagan" Dispensations, Paul Horwitz
Articles
No abstract provided.
Rodrigo And Ressentiment "I Don't Want It If You Are Going To Get It, Too" -- Why Classical Economic And Political Theory Fails To Explain The Obamacare Vote, But Legal Realism And Cls Can, Richard Delgado
Articles
No abstract provided.
Appellate Jurisdiction And The Emoluments Litigation, Adam N. Steinman
Appellate Jurisdiction And The Emoluments Litigation, Adam N. Steinman
Articles
No abstract provided.