Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 535983

Full-Text Articles in Law

The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman Sep 2917

The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman

Florida State University Law Review

In 2017, the U.S. Senate confirmed Neil M. Gorsuch’s nomination to serve on the Supreme Court. Like Justice Stevens before him, Gorsuch’s primary area of expertise is anti-trust law. Like Stevens, Gorsuch both practiced and taught in the field before joining the bench. As a judge for the Tenth Circuit Court of Appeals, Gorsuch penned multiple substantive antitrust opinions.

His unique expertise will likely situate Gorsuch as one of the Court’s leading voices on antitrust matters for decades to come. A close examination of his prior antitrust opinions thus offers vital insight into his approach to ...


Onlineketoproducts-Converted.Pdf, Dermvix Tri Oct 2109

Onlineketoproducts-Converted.Pdf, Dermvix Tri

DermVix tri

Dermavix:-There are numerous advantages of utilizing this enemy of maturing answer for give you the presence of sans wrinkle and smooth skin. Its intense equation may adjust to the necessities of your skin and offer satisfactory supplements to make you look years more youthful. Subsequent to utilizing this cream normally, you never again need to stress over excruciating and exorbitant systems. A portion of the incredible outcomes that you may expect by Dermavix Anti Aging are referenced underneath.


Can A Politician Block You On Social Media?, Alan E. Garfield Jul 2109

Can A Politician Block You On Social Media?, Alan E. Garfield

Alan E Garfield

No abstract provided.


When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Josh Eagle

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Eric Biber

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


All Things To All People, Part One, Peter J. Aschenbrenner Dec 2104

All Things To All People, Part One, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has identified the fundamental predicate of Government I, which operated, more or less, under Constitution I, the Constutiton of the year One, as a disposable government. See The Standard Model at War, 17 OCL 350. if government asserts, affirmatively, that it is disposable, isn’t it also asserting that it can replicate its systems (= structures political society) at will? OCL builds on its assertion of political society as a three-goaled contrivance. See Why Do Political Societies Exist? 2 OCL 883. Isn’t such a government asserting the primacy of the needs of civil society? By offering to ...


Does The Second Amendment Protect Firearms Commerce?, David B. Kopel Apr 2104

Does The Second Amendment Protect Firearms Commerce?, David B. Kopel

David B Kopel

The Second Amendment protects the operation of businesses which provide Second Amendment services, including gun stores. Although lower federal courts have split on the issue, the right of firearms commerce is demonstrated by the original history of the Second Amendment, confirmed by the Supreme Court in District of Columbia v. Heller, and consistent with the Court's precedents on other individual rights.


How Do We Know When Political Societies Change?, Peter Aschenbrenner Jan 2104

How Do We Know When Political Societies Change?, Peter Aschenbrenner

Peter J. Aschenbrenner

Predicates, features, attributes and properties of a system are liable to change. How does the change get marked down? For this purpose what facet of a system should command our attention? Any system worth the name, Our Constitutional Logic argues, is aware of its own standing in civil society. OCL considers the issues raised.


Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines Jan 2063

Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines

Montana Law Review

Teschner v. Commissioner


Descargar` Chicos Buenos [2019] Pelicula Completa Ver-Hd™ Espanol - Latino Online, Madelineleonard77 Madelineleonard77 Jan 2026

Descargar` Chicos Buenos [2019] Pelicula Completa Ver-Hd™ Espanol - Latino Online, Madelineleonard77 Madelineleonard77

madelineleonard77 madelineleonard77

No abstract provided.


The Unfulfilled Promise Of Environmental Constitutionalism, Amber Polk Dec 2023

The Unfulfilled Promise Of Environmental Constitutionalism, Amber Polk

Hastings Law Journal

The political push for the adoption of state-level “green amendments” in the United States has gained significant traction in just the last couple of years. Green amendments add an environmental right to a state’s constitution. Five such amendments were made in the 1970s in Pennsylvania, Montana, Hawaii, Massachusetts, and Illinois. This Article looks in depth at the case law that has developed the contours of these constitutional environmental rights in the wake of the political revival of environmental constitutionalism in the United States. I distill two lessons from this jurisprudence. First, constitutional environmental rights are interpreted by the courts ...


“Cancel Culture” And Criminal Justice, Steven Arrigg Koh Dec 2023

“Cancel Culture” And Criminal Justice, Steven Arrigg Koh

Hastings Law Journal

This Article explores the relationship between two normative systems in modern society: “cancel culture” and criminal justice. It argues that cancel culture—a ubiquitous phenomenon in contemporary life—may rectify deficiencies of over- and under-enforcement in the U.S. criminal justice system. However, the downsides of cancel culture’s structure—imprecise factfinding, potentially disproportionate sanctions leading to collateral consequences, a “thin” conception of the wrongdoer as beyond rehabilitation, and a broader cultural anxiety that “chills” certain human conduct—reflect problematic U.S. punitive impulses that characterize our era of mass incarceration. This Article thus argues that social media reform proposals ...


James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angela Porter Oct 2023

James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angela Porter

Articles in Law Reviews & Other Academic Journals

In his work, Freedom National: The Destruction of Slavery in the United States, 1861-1865, James Oakes provides an overview of several Civil War era legal instruments regarding enslavement in the United States. One of the statutes he examines is An Act to Confiscate Property Used for Insurrectionary Purposes, passed by the Thirty Seventh Congress in August, 1861. This law, popularly known as the First Confiscation Act (FCA), is one of the several "Confiscation Acts" that contributed to the weakening of legal enslavement during the War. Fortunately, scholars have contextualized and deemphasized President Lincoln's role as the "Great Emancipator" by ...


Does Convenience Come With A Price? The Impact Of Remote Testimony On Expert Credibility And Decision-Making, Ashley Jones Aug 2023

Does Convenience Come With A Price? The Impact Of Remote Testimony On Expert Credibility And Decision-Making, Ashley Jones

Dissertations

Legal cases involving expert testimony, especially by forensic mental health professionals, is increasingly relying on remote testimony to reduce associated costs and increase availability of such services. There is some evidence to show that expert testimony delivered via videoconference (VC) is comparable to expert testimony delivered in person; however, the most compelling evidence for this claim is unpublished. Other evidence across disciplines showed relative comparability between VC and in-person modalities across various types of outcomes. Based on both unpublished and published findings, this study tested the hypothesis that minimal differences in measures of expert credibility, efficacy, and weight assigned to ...


Alternative Approaches To Police Interventions When Responding To Mental Health Crises Incidents, Karen Rivera Apolinar May 2023

Alternative Approaches To Police Interventions When Responding To Mental Health Crises Incidents, Karen Rivera Apolinar

Electronic Theses, Projects, and Dissertations

Purpose: This study explored mental health workers perspectives on alternative approaches in responding to mental health crises.

The study was carried out in Southern California, in collaboration with mental health workers who currently work or previously have worked in mental health crisis. It adopted a post-positivists paradigm and data was gathered through individual interviews with mental health workers who have direct experience with mental health crisis response in the community and with the police. The twenty participants in the study were men and women working in the mental health field, and of various backgrounds, licensures, and ages.

The study found ...


Post V. Pre Arrest: A Diversionary Drug War, Angelica B. Manos Jan 2023

Post V. Pre Arrest: A Diversionary Drug War, Angelica B. Manos

Student Works

No abstract provided.


Enforcing Consistency: A Comparative Analysis Of Geneva Convention Iv Violations In Morocco-Western Sahara And Israel-Palestine, Alexandra L. Wilson Jan 2023

Enforcing Consistency: A Comparative Analysis Of Geneva Convention Iv Violations In Morocco-Western Sahara And Israel-Palestine, Alexandra L. Wilson

Student Works

No abstract provided.


#Juryduty: The Use And Abuse Of Social Media Communications Among Jurors And Implications Of The Sixth Amendment, Kat Zangari Jan 2023

#Juryduty: The Use And Abuse Of Social Media Communications Among Jurors And Implications Of The Sixth Amendment, Kat Zangari

Student Works

No abstract provided.


The Magic Formula To Reducing Wrongful Convictions In The United States: Learning From The Italians On How To Eliminate Alford Pleas And Limit Prosecutorial Discretion, Brianna Martins Jan 2023

The Magic Formula To Reducing Wrongful Convictions In The United States: Learning From The Italians On How To Eliminate Alford Pleas And Limit Prosecutorial Discretion, Brianna Martins

Student Works

No abstract provided.


Reformation Of Will Statutes And The Legality Of Ewills, Kareem A. Elsheryie Jan 2023

Reformation Of Will Statutes And The Legality Of Ewills, Kareem A. Elsheryie

Student Works

No abstract provided.


Bail Reform: A More Holistic Approach - From A Cop's Perspective, Tricia E. Connolly Jan 2023

Bail Reform: A More Holistic Approach - From A Cop's Perspective, Tricia E. Connolly

Student Works

No abstract provided.


As Real Estate Booms, So Does Appraisal Discrimination, Estefania Pugliese-Saville Jan 2023

As Real Estate Booms, So Does Appraisal Discrimination, Estefania Pugliese-Saville

Student Works

No abstract provided.


Zero Transparency In A Perfect Storm: How Enforcement Actions Relating To The Cares Act Will Be The Most Numerous In U.S. History, George M. Fakes Jan 2023

Zero Transparency In A Perfect Storm: How Enforcement Actions Relating To The Cares Act Will Be The Most Numerous In U.S. History, George M. Fakes

Student Works

No abstract provided.


The Constitutionality Of Non-Citizen Voting And Its Use In Modern Local Elections, Aaron Ayala Jan 2023

The Constitutionality Of Non-Citizen Voting And Its Use In Modern Local Elections, Aaron Ayala

Student Works

No abstract provided.


The Ada And Website Accessibility: A Technical Problem Without A Technical Understanding, Marque Staneluis Jan 2023

The Ada And Website Accessibility: A Technical Problem Without A Technical Understanding, Marque Staneluis

Student Works

No abstract provided.


“Housing Is Healthcare”: Better Health Through Housing First, Daniel Mcdonough Jan 2023

“Housing Is Healthcare”: Better Health Through Housing First, Daniel Mcdonough

Student Works

No abstract provided.


From Newark’S Little Italy To Congress: How The Italian American Values Of Family, Pride, And Hard Work Influenced Congressman Peter Rodino’S Legislation, Francesca Simone Jan 2023

From Newark’S Little Italy To Congress: How The Italian American Values Of Family, Pride, And Hard Work Influenced Congressman Peter Rodino’S Legislation, Francesca Simone

Student Works

No abstract provided.


Risks And Regulations: Criminal Prosecution Under The Controlled Substances Act Considering Ruan V. United States, Alex Jensen Jan 2023

Risks And Regulations: Criminal Prosecution Under The Controlled Substances Act Considering Ruan V. United States, Alex Jensen

Student Works

No abstract provided.


Betting On The Future- How To Keep Nba Games Legitimate, Thomas Stewart Jan 2023

Betting On The Future- How To Keep Nba Games Legitimate, Thomas Stewart

Student Works

No abstract provided.


Under The Microscope: A Comparative Analysis Of Nepal And Sri Lanka’S Women’S Right To Health, Analyzing A Micro Model Of A Macro Dilemma In The Fight For A Global Right To Health, Shawn B. Tuman Jan 2023

Under The Microscope: A Comparative Analysis Of Nepal And Sri Lanka’S Women’S Right To Health, Analyzing A Micro Model Of A Macro Dilemma In The Fight For A Global Right To Health, Shawn B. Tuman

Student Works

No abstract provided.