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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.


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 ...


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


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Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter Jan 2020

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter

Natural Resources Journal

No abstract provided.


F18rs Sgr No. 18, Bridget Ryan Oct 2019

F18rs Sgr No. 18, Bridget Ryan

Student Senate Enrolled Legislation

A RESOLUTION TO COMMEND THE LSU STUDENT HEALTH CENTER AND STUDENT HEALTH CENTER EXECUTIVE DIRECTOR, D’ANN MORRIS FOR PROPERLY USING STUDENT FEES IN ITS OPERATIONS AND SERVICES


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The Sue-And-Settle Phenomenon: Its Impact On The Law, Agency, And Society, Katie L. Colton May 2019

The Sue-And-Settle Phenomenon: Its Impact On The Law, Agency, And Society, Katie L. Colton

All Graduate Theses and Dissertations

Sue-and-settle is the name applied to a federal agency’s use of litigation to create policy outside of the normal regulatory process. This paper discusses the impact that the sue-and-settle policy has had on Congress, the judiciary, and the Environmental Protection Agency. Specifically, this paper will discuss the issues caused by the perception of collusion within the sue-and-settle policy. First, this paper examines whether a relationship occurs between the litigants. The paper then discusses whether the relationship between the litigants in sue-and-settle cases tends to be collusive or not. The second part of the paper examines how Congress, the Environmental ...


Workplace Bullying, Emotional Abuse And Harrassment In Fire Departments, John C. Griffith, Donna L. Roberts Apr 2019

Workplace Bullying, Emotional Abuse And Harrassment In Fire Departments, John C. Griffith, Donna L. Roberts

John Griffith

Firefighters are heroes who save lives and protect property. They are highly revered in societies all around the world and perform under the most stressful of conditions. Drawing on literature from the United States (USA), this chapter reviews the culture, demographics and changing mission of the fire service as a backdrop to workplace harassment and bullying issues. The fire service has unique organizational dynamics that can lead to harassment and bullying and, at the same time, are the critical reasons for working to eliminate intentional and unintentional unfair treatment of women and minorities. Recent literature and studies show that the ...


Racial Indirection, Yuvraj Joshi Apr 2019

Racial Indirection, Yuvraj Joshi

Yuvraj Joshi

Racial indirection describes practices that produce racially disproportionate results without the overt use of race. This Article demonstrates how racial indirection has allowed — and may continue to allow — efforts to desegregate America’s universities. By analyzing the Supreme Court’s affirmative action cases, the Article shows how specific features of affirmative action doctrine have required and incentivized racial indirection, and how these same features have helped sustain the constitutionality of affirmative action to this point. The Article then discusses the potential benefits and costs of adopting indirection in affirmative action, and describes disagreements among Justices about the value of indirection ...


Analog To Digital Preservation Of The “Women Trailblazers In The Law” Oral History Project, Camelia Naranch, Carol Wilson Apr 2019

Analog To Digital Preservation Of The “Women Trailblazers In The Law” Oral History Project, Camelia Naranch, Carol Wilson

Digital Initiatives Symposium

In November 2018, Stanford Law School Library unveiled to the public an online exhibit of more than 100 oral histories of American women lawyers, scholars, judges, and government officials who helped diversify the legal profession in the late twentieth century. Called the “Women Trailblazers in the Law” Oral History Project, it is a collaboration between Stanford Law School Library and the American Bar Association. Our presentation discusses the details of the analog to digital preservation process, whereby the physical collection was converted into digital formats suitable for long term archival storage as well as online access for the general public ...


Warrantless Cell Phone Search And Seizure, Ralph Taylor Apr 2019

Warrantless Cell Phone Search And Seizure, Ralph Taylor

Steven Galovich Memorial Student Symposium

This talk discusses the U.S. Circuit Courts of Appeals' decisions regarding whether police are required by 4th Amendment procedure to obtain a search warrant to search through an individual’s cell phone content. Thus far, the U.S. Circuit Courts of Appeal are in conflict—some circuits believe that a warrant is required before searching the contents of a cell phone and other circuits disagree and permit warrantless searches. This discrepancy should be a signal to the United States Supreme Court to accept a case and settle the law on this issue so that the country has uniform police ...


Stress Reduction: Mindful Mandalas, Olivia Parrott, Carolyn Gillespie, Krystal Klag, Eleke Bonsi, Jenn Smith Apr 2019

Stress Reduction: Mindful Mandalas, Olivia Parrott, Carolyn Gillespie, Krystal Klag, Eleke Bonsi, Jenn Smith

Scholar Week 2016 - present

Mental Health is an ever-increasing topic of discussion in several sectors of today’s society. One career, law enforcement, seems to correlate job-related responsibilities with rising numbers in post-traumatic stress disorder, depression, and anxiety. A group of nursing students from Olivet Nazarene University sought to incorporate their understanding of stressors associated with the helping profession of law enforcement while researching cost-effective, evidence-based, self-care methods that have a proven ability to reduce signs of depression and anxiety. One such method is the practice of mindfulness.

Mindfulness must be understood fundamentally before it may be useful in practice in reducing the effects ...


The Relationship Between Audit Committee And New Chief Financial Officer Characteristics In Publicly Traded Healthcare Companies, John Workman Apr 2019

The Relationship Between Audit Committee And New Chief Financial Officer Characteristics In Publicly Traded Healthcare Companies, John Workman

Scholar Week 2016 - present

The Sarbanes-Oxley Act of 2002 established the role of the Chief Financial Officer (CFO) over financial reporting in public companies. Prior research had demonstrated that the CFO of a company who was a CPA, female, had industry experience, or had prior CFO experience had implications on the quality of the company’s financial reporting. This quantitative study examined the relationship of these characteristics between the existing audit committee members (N = 331) and a newly-hired CFO (N = 93) in public healthcare companies. The extent to which audit committee members’ characteristics may have influenced the hiring of a new CFO to have ...


The Price Of Hate: Household Finance And Non-Pecuniary Preferences, Barbara Bliss Apr 2019

The Price Of Hate: Household Finance And Non-Pecuniary Preferences, Barbara Bliss

Law, Economics, & Business Workshop

No abstract provided.


Show Me Criminal Procedure, Ben L. Trachtenberg, Anne M. Alexander Apr 2019

Show Me Criminal Procedure, Ben L. Trachtenberg, Anne M. Alexander

Open Educational Resources

Show Me Criminal Procedure is an open educational resources casebook available for free to students. This is the 2d ed. published in Spring 2019.


Spring 2019 Newsletter: The Docket, Emma M. Wood Apr 2019

Spring 2019 Newsletter: The Docket, Emma M. Wood

Law Library Newsletter

Copy of the Spring 2019 issue of the UMass Law Library Newsletter, The Docket.


Digitizing The Brooker Collection: From Dower To The Dow, Laurel Davis Apr 2019

Digitizing The Brooker Collection: From Dower To The Dow, Laurel Davis

Rare Book Room Exhibition Programs

Exhibition program from a Spring 2019 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit focused on the Robert E. Brooker collection of land use documents and marked the completion of a project to digitize those documents


Business Law Bulletin, Spring 2019 Apr 2019

Business Law Bulletin, Spring 2019

Business Law Bulletin

No abstract provided.


Developing A Culturally Competent Legal Research Curriculum, Shamika Dalton, Clanitra Stewart Nejdl Mar 2019

Developing A Culturally Competent Legal Research Curriculum, Shamika Dalton, Clanitra Stewart Nejdl

Shamika Dalton

No abstract provided.


Pastors And Politics: Considerations For Missional Church Leaders Addressing Political Matters, Matthew Stinson Mar 2019

Pastors And Politics: Considerations For Missional Church Leaders Addressing Political Matters, Matthew Stinson

Seaver College Research And Scholarly Achievement Symposium

We live in a politically divided time. Long-standing questions about the political role of the church have taken on a renewed interest for American Christians who see this political divide widening and have trouble reconciling their beliefs with the platforms of either major party. How ought Church leaders, seeking to lead missional congregations, speak to our current political context?

This paper lays out a framework for political engagement by missional Church leaders. It first offers a definition of a missional church and a missional church leader. Second, it surveys some of the various approaches to Church and State relations in ...


Lessons Learned: Thomas C. Baxter, Jr., Esq., Alec Buchholtz, Rosalind Z. Wiggins Mar 2019

Lessons Learned: Thomas C. Baxter, Jr., Esq., Alec Buchholtz, Rosalind Z. Wiggins

Journal of Financial Crises

Baxter, who was General Counsel of the Federal Reserve Bank of New York during the crisis, gives us his take on how best to prepare for future crises.


Yale Program On Financial Stability Lessons Learned: Scott Alvarez, Esq., Alec Buchholtz, Rosalind Z. Wiggins Mar 2019

Yale Program On Financial Stability Lessons Learned: Scott Alvarez, Esq., Alec Buchholtz, Rosalind Z. Wiggins

Journal of Financial Crises

Alvarez, who was General Counsel of the Federal Reserve System, Board of Governors during 2007-2009, gives us his take on how best to prepare for future crises.


The Lehman Brothers Bankruptcy H: The Global Contagion, Rosalind Z. Wiggins, Andrew Metrick Mar 2019

The Lehman Brothers Bankruptcy H: The Global Contagion, Rosalind Z. Wiggins, Andrew Metrick

Journal of Financial Crises

When Lehman Brothers filed for bankruptcy on September 15, 2008, it was the largest such filing in U.S. history and a huge shock to the world’s financial markets, which were already stressed from the deflated housing bubble and questions about subprime mortgages. Lehman was the fourth-largest U.S. investment bank with assets of $639 billion and its operations spread across the globe. Lehman’s clients and counterparties began to disclose millions of dollars of potential losses as they accounted for their exposures. But the impact of Lehman’s demise was felt well beyond its counterparties. Concern regarding its ...