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Full-Text Articles in Law

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ Mar 3004

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ

University of Miami Inter-American Law Review

No abstract provided.


Why Opposing Hyper-Incarceration Should Be Central To The Work Of The Anti-Domestic Violence Movement, Donna Coker, Ahjané D. Macquoid Jun 2915

Why Opposing Hyper-Incarceration Should Be Central To The Work Of The Anti-Domestic Violence Movement, Donna Coker, Ahjané D. Macquoid

University of Miami Race & Social Justice Law Review

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 ...


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

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


Recent Developments In Finra Securities Arbitrations, Barry Temkin, Robert Usinger, Christopher Amore Jul 2104

Recent Developments In Finra Securities Arbitrations, Barry Temkin, Robert Usinger, Christopher Amore

Barry R. Temkin

This article discusses developments in securities arbitration before the Financial Industry Regulatory Authority (FINRA), including proposals under consideration to narrow the definition of public arbitrator and to provide greater access to advisors' past disciplinary history on FINRA Brokercheck.


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

Does The Second Amendment Protect Firearms Commerce?, David 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 Dec 2103

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


The Bc Ninth Circuit Appellate Program Provides Pro Bono Representation To Non-Citizens With Criminal Convictions. A Central Criticism Of Immigration Law Is That It Treats Hundreds Of Crimes The Same, Failing To Take Into Account That State And Federal Judges Consider Specific Offenses Not Serious Or Deserving Of Probation Instead Of Incarceration. The Clinic’S Mission Is To Use Federal Court Advocacy To Restore Proportionality And Common Sense Into The Immigration Consequences Of Criminal Convictions. Dec 2019

The Bc Ninth Circuit Appellate Program Provides Pro Bono Representation To Non-Citizens With Criminal Convictions. A Central Criticism Of Immigration Law Is That It Treats Hundreds Of Crimes The Same, Failing To Take Into Account That State And Federal Judges Consider Specific Offenses Not Serious Or Deserving Of Probation Instead Of Incarceration. The Clinic’S Mission Is To Use Federal Court Advocacy To Restore Proportionality And Common Sense Into The Immigration Consequences Of Criminal Convictions.

Kari E. Hong

No abstract provided.


Kebunpoker.Com Agen Judi Domino99 Agen Poker Bandarq Online Terpercaya Di Indonesia, Defa Online Jun 2017

Kebunpoker.Com Agen Judi Domino99 Agen Poker Bandarq Online Terpercaya Di Indonesia, Defa Online

AGEN POKER ONLINE INDONESIA TERPERCAYA STUDISOLUTION.COM

KEBUNPOKER.COM AGEN JUDI DOMINO99 AGEN POKER BANDARQ ONLINE TERPERCAYA DI INDONESIA- Pilihan bank besar di atas adalah yang mendukung SMPPoker di dalam situs judinya, Member akan mudah sekali melakukan transaksi dengan banyaknya pilihan bank dalam sebuah situs judi online, Hal ini sangat penting karena ini adalah alat transaksi saat memainkannya, Misal seperti transaksi deposit dan widraw.
SMPPoker adalah situs judi yang sudah lama menjadi naungan pecinta judi indonesia untuk melakukan permainan judi online, Setelah situs judi ini mengaplikasikan permainan poker di dalam situs judinya, Permainan ini lalu sebagai permainan judi yang di unggulkan karena setiap harinya ribuan membernya memainkannya ...


Poker Uang Asli Texaspk.Net, Defa Online May 2017

Poker Uang Asli Texaspk.Net, Defa Online

AGEN POKER ONLINE INDONESIA TERPERCAYA STUDISOLUTION.COM

Poker Uang Asli- Selain permainan poker yang di suguhkan oleh TexasPK.net ada permainan judi lainnya yang juga di unggulkan dalam situs judi online ini, Permainan itu adalah Domino Online, Domino adalah sebuah permainan judi yang sudah sangat terkenal sekali di indonesia, Jadi aplikasi permainan judi jenis ini dalam situs judi Lenterapoker sangat di sukai membernya.

Sebagai Agen Poker online terbaik di indonesia, TexasPK.net adalah pilihan yang tepat untuk anda jadikan naungan dalam bermain judi online, Dimana situs judi yang terkenal dengan profesionalitasnya dalam menyuguhkan permainan judinya ini memang sangat berkredibilitas dalam melayani membernya.

Terdapat 4 pilihan permainan judi ...


Pohonpoker.Com Agen Poker, Agen Domino Dan Bandar Q Terpercaya Di Indonesia, Defa Online Mar 2017

Pohonpoker.Com Agen Poker, Agen Domino Dan Bandar Q Terpercaya Di Indonesia, Defa Online

AGEN POKER ONLINE INDONESIA TERPERCAYA STUDISOLUTION.COM

pohonpoker.com agen poker, agen domino dan bandar q terpercaya di indonesia- adalah agen judi terpercaya dengan ribuan member yang aktif stiap harinya bermain judi online di dalam situs judinya, ribuan member setiap jamnya melakukan transaksi di dalam situs judi online besar Lenterapoker ini, Dan bisa di bayangkan server dari situs judi ini kalau bukan server terbaik, maka anda akan sangat sulit untuk mengaksesnya bukan? Namun server Lenterapoker adalah server terbaik dengan akses yang cepat dan mudah, Walau ribuan membernya berbarengan aktif, maka anda akan dengan mudah mengakses situs judi online Lenterapoker ini.


Are They Pirates Or Pioneers?, Ashley Song Feb 2017

Are They Pirates Or Pioneers?, Ashley Song

Hyein Ashley Song Ms.

Korea has the perceptive corruption level lower than the Western countries and shares the common appetite for the cultural products with the Japanese, often regarding Japanese more noble or superior and Westerns even more. Based on this sentiment, the ‘license musicals’ which have been bilaterally purchased from the West are popularly consumed in Korea. The paper calls this is not the cultural business, but the “self-confined cripples’ money party based on the informational deceptions.” The Korean licensee who has fueled the staggering production in the US transforms to the businessmen, caster, and producer in Korea . The licensed dramatico-musical transforms to ...


Taxing Wealth Seriously, Edward J. Mccaffery Jan 2017

Taxing Wealth Seriously, Edward J. Mccaffery

Edward J McCaffery

The social and political problems of wealth inequality in America are severe and getting worse. A surprise is that the U.S. tax system, as is, is a significant cause of these problems, not a cure for them.  The tax-law doctrines that allow those who already have financial wealth to live, luxuriously and tax-free, or to pass on their wealth tax-free to heirs, are simple. The applicable legal doctrines have been in place for nearly a century under the income tax, the primary social tool for addressing matters of economic inequality. The analytic pathways to reform are easy to see ...


Clean Power And Chevron: Scoring The Fight For Obama’S Climate Change Rule, Leo Capoferri Jan 2017

Clean Power And Chevron: Scoring The Fight For Obama’S Climate Change Rule, Leo Capoferri

Law School Student Scholarship

No abstract provided.


Market Mechanisms In Environmental Law, Sanja Bogojevic Dec 2016

Market Mechanisms In Environmental Law, Sanja Bogojevic

Sanja Bogojević

No abstract provided.


From Selma To Ferguson: The Voting Rights Act As A Blueprint For Police Reform (With Jason Mazzone), Stephen Rushin Dec 2016

From Selma To Ferguson: The Voting Rights Act As A Blueprint For Police Reform (With Jason Mazzone), Stephen Rushin

Stephen Rushin

The Voting Rights Act of 1965 revolutionized access to the voting booth. Rather than responding to claims of voter suppression through litigation against individual states or counties, the Voting Rights Act introduced a coverage formula that preemptively regulated a large number of localities across the country. In doing so, the Voting Rights Act replaced reactive, piecemeal litigation with a proactive structure of continual federal oversight. As the most successful civil rights law in the nation’s history, the Voting Rights Act provides a blueprint for responding to one of the most pressing civil rights problems the country faces today: police ...


De-Policing (With Griffin Edwards), Stephen Rushin Dec 2016

De-Policing (With Griffin Edwards), Stephen Rushin

Stephen Rushin

Critics have long claimed that when the law regulates police behavior it inadvertently reduces officer aggressiveness, thereby increasing crime. This hypothesis has taken on new significance in recent years as prominent politicians and law enforcement leaders have argued that increased oversight of police officers in the wake of the events in Ferguson, Missouri has led to an increase in national crime rates. Using a panel of American law enforcement agencies and difference-in-difference regression analyses, this Article tests whether the introduction of public scrutiny or external regulation is associated with changes in crime rates. To do this, this Article relies on ...


Gendering Disability To Enable Disability Rights Law, Michelle Travis Dec 2016

Gendering Disability To Enable Disability Rights Law, Michelle Travis

Michelle A. Travis

This Article expands the social model of disability by analyzing the interaction between disability and gender. The modern disability rights movement is built upon the social model, which understands disability not as an inherent personal deficiency but as the product of the environment with which an impairment interacts. The social model is reflected in the accommodation mandate of the Americans with Disabilities Act of 1990 ("ADA"), which holds employers responsible for the limiting aspects of their workplace design. This Article shows that the limitations imposed upon impairments result not only from physical aspects of a workplace but also from other ...


From Selma To Ferguson: The Voting Rights Act As A Blueprint For Police Reform (With Jason Mazzone), Stephen Rushin Dec 2016

From Selma To Ferguson: The Voting Rights Act As A Blueprint For Police Reform (With Jason Mazzone), Stephen Rushin

Stephen Rushin

The Voting Rights Act of 1965 revolutionized access to the voting booth. Rather than responding to claims of voter suppression through litigation against individual states or counties, the Voting Rights Act introduced a coverage formula that preemptively regulated a large number of localities across the country. In doing so, the Voting Rights Act replaced reactive, piecemeal litigation with a proactive structure of continual federal oversight. As the most successful civil rights law in the nation’s history, the Voting Rights Act provides a blueprint for responding to one of the most pressing civil rights problems the country faces today: police ...


Handcuffingathirdgrader.Final.Pdf, Elizabeth Shaver, Janet R. Decker Dec 2016

Handcuffingathirdgrader.Final.Pdf, Elizabeth Shaver, Janet R. Decker

Elizabeth Shaver

After an eight-year old boy with disabilities refused to sit down, a School Resource Officer (SRO) handcuffed the boy's elbows behind his back, restraining the child for fifteen minutes. A video of the incident made national headlines. Thereafter, the boy, along with another child with disabilities who had experienced similar treatment, filed suit. Cases like this highlight the complex issues that arise when a student with disabilities engages in undesired behavior at school and that behavior leads to the intervention of an SRO. This article examines those issues and offers recommendations. It begins by providing a background about SROs ...


De-Policing (With Griffin Edwards), Stephen Rushin Dec 2016

De-Policing (With Griffin Edwards), Stephen Rushin

Stephen Rushin

Critics have long claimed that when the law regulates police behavior it inadvertently reduces officer aggressiveness, thereby increasing crime. This hypothesis has taken on new significance in recent years as prominent politicians and law enforcement leaders have argued that increased oversight of police officers in the wake of the events in Ferguson, Missouri has led to an increase in national crime rates. Using a panel of American law enforcement agencies and difference-in-difference regression analyses, this Article tests whether the introduction of public scrutiny or external regulation is associated with changes in crime rates. To do this, this Article relies on ...


Callister Freedom Essay 1.22.Repository.Submission.Pdf, Paul D. Callister Dec 2016

Callister Freedom Essay 1.22.Repository.Submission.Pdf, Paul D. Callister

Paul D. Callister

Freedom is overlooked as a legal and social concept, with few attempts to define it.  Lon Fuller articulated the critical question about freedom:  “How can the freedom of human beings be affected or advanced by social arrangement, that is by laws, customs, institutions, or other forms of social order that can be changed or preserved by purposive human actions?”  Freedom needs to be defined in the context of this question—as an ideal to be advanced by our social institutions, laws, and customs.  The article first begins with a framework for freedom established by Lon Fuller in a neglected article ...


What Is Meant By Freedom?, Paul D. Callister Dec 2016

What Is Meant By Freedom?, Paul D. Callister

Paul D. Callister

Freedom is overlooked as a legal and social concept, with few attempts to define it.  Lon Fuller articulated the critical question about freedom:  “How can the freedom of human beings be affected or advanced by social arrangement, that is by laws, customs, institutions, or other forms of social order that can be changed or preserved by purposive human actions?”  Freedom needs to be defined in the context of this question—as an ideal to be advanced by our social institutions, laws, and customs.  The article first begins with a framework for freedom established by Lon Fuller in a neglected article ...


Paper Dragon Thieves, J.S. Nelson Dec 2016

Paper Dragon Thieves, J.S. Nelson

J.S. Nelson

Developments in the law are making the corporate form more opaque and allowing the agents who animate it to escape individual accountability for their actions. The law now provides protection for agents to engage in widespread frauds that inflict massive harm on the public. This article challenges the academic orthodoxy that shareholder and director liability are enough to control agent behavior by developing a paper dragon analogy to focus on the importance of agents in corporate animation. Lack of agent accountability encourages the patterns of fraud that caused the financial crisis in which forty-five percent of the world’s wealth ...


Implicit Bias, Resp, Moral Ecology.Pdf, Manuel R. Vargas Dec 2016

Implicit Bias, Resp, Moral Ecology.Pdf, Manuel R. Vargas

Manuel Vargas

Roughly, implicit bias is a partially unconscious and partially automatic (frequently negative) evaluative tendency directed at individuals, based on their apparent membership in a socially salient category or group. It is unclear what we should think about an agent’s blameworthiness for actions produced in part by implicit biases, and there are reasons that weigh both in favor and against holding that such agents are blameworthy. There is also a more radical possibility lurking: implicit bias may reveal the limitations of a widespread conception of agency. That is, perhaps implicit bias (maybe along with various other results from the cognitive ...


Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan Dec 2016

Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan

Erin Ryan

This volume, incorporating the work of scholars from various parts of the globe, taps the wisdom of the Westphalian (and post-Westphalian) world on the use of federalism and secession as tools for managing regional conflict.  The conversation has scarcely been more important than it is right now, especially in light of recent events in Catalonia, Scotland, Québec, and the Sudan—all unique political contexts raising similar questions about how best to balance competing claims for autonomy, interdependence, political voice, and exit.  Exploring how various nations have encountered like conflicts, some more and some less successfully, promises to broaden the perspectives ...


Trial And Error: Lawyers And Nonlawyer Advocates, Anna E. Carpenter, Alyx Mark, Colleen Shanahan Dec 2016

Trial And Error: Lawyers And Nonlawyer Advocates, Anna E. Carpenter, Alyx Mark, Colleen Shanahan

Anna E. Carpenter

Nonlawyer advocates are one proposed solution to the access to justice crisis and are currently permitted to practice in some civil justice settings. Theory and research suggest nonlawyers might be effective in some civil justice settings, yet we know very little, empirically, about nonlawyer practice in the United States. Using data from more than 5,000 unemployment insurance appeal hearings and interviews with lawyers and nonlawyers, this article explores how both types of representatives learn to do their work and what this means for their effectiveness. Building on recent research regarding the importance of procedural knowledge and relational expertise as ...


54/12/16 The Defense Rests, Cleveland Plain Dealer Dec 2016

54/12/16 The Defense Rests, Cleveland Plain Dealer

All Articles

Photo of Sam's chief defense counsel William J. Corrigan.


The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia Dec 2016

The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia

Dr Gabriel Garcia

After the onset of the Asian Financial Crisis, the world has witnessed a re-accommodation of the global financial system. In the particular case of middle-income countries, they have disentangled themselves from the conditionality of the International Monetary Fund (IMF) and grown into more assertive actors in international forums, proposing new alternative mechanisms to become more financially independent and for the provision of development assistance. The article critically reviews the new reality by assessing the strategies deployed by developing countries to reduce the IMF’s influence and explores the potential consequences of the rise of middle-income nations for Law and Development.