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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.


All Things To All People, Part One, Peter J. Aschenbrenner Jan 2105

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 ...


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

Recent Developments In Finra Securities Arbitrations, Barry R. Temkin, Robert J. 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 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 J. Aschenbrenner Jan 2104

How Do We Know When Political Societies Change?, Peter J. 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


Are They Pirates Or Pioneers?, Ashley H. Song Ms. Mar 2017

Are They Pirates Or Pioneers?, Ashley H. Song Ms.

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 ...


Tactical Urbanism V2: Dynamic Land Use Regulation And Partnership Tools Regenerating First Suburbs, Michael N. Widener Oct 2016

Tactical Urbanism V2: Dynamic Land Use Regulation And Partnership Tools Regenerating First Suburbs, Michael N. Widener

Michael N Widener

Land use regulation typically is viewed as passive; projects proceed when criteria established under ordinances are satisfied, but are delayed or scuttled when parameters of codes are unmet. Insufficient attention is directed by local governments to the economic ramifications of those events. How ought land use regulators to act when their communities are economically deprived – or their employment opportunities have been compromised? The current employment and productivity perils of inner-ring suburbs, those often-dismissed earliest ‘outskirts’ of metropolitan areas, raise this question: Should expanding economic opportunity for every community citizen dominate conversations among zoning administrations? Too many first suburbs are in ...


The National Labor Relations Board V. Northwestern University: Cultivating A New Era For Taxing Qualified Scholarships, Kathryn Kisska-Schulze, Adam Epstein Oct 2016

The National Labor Relations Board V. Northwestern University: Cultivating A New Era For Taxing Qualified Scholarships, Kathryn Kisska-Schulze, Adam Epstein

Adam Epstein

On March 26, 2014 the National Labor Relations Board (NLRB) ruled that Northwestern University’s scholarship football players are employees of the institution and can unionize and bargain collectively. From a federal income tax perspective, the significance of the NLRB decision could redefine the principal that select student-athletes are no longer unpaid amateurs receiving qualified scholarships, but instead are employees of their institutions earning scholarship funds in exchange for services rendered as college athletes. Accordingly, a crucial question arising from the NLRB holding is whether the IRS can logically continue to treat qualified scholarships received by student-athletes as excludable from ...


Review Of Legislation And Policy Guidance Relating To Adult Social Care In Northern Ireland, J Duffy, Subhajit Basu, G Davidson, K Pearson Jun 2016

Review Of Legislation And Policy Guidance Relating To Adult Social Care In Northern Ireland, J Duffy, Subhajit Basu, G Davidson, K Pearson

Subhajit Basu

Multi-disciplinary research project is commissioned by the Commissioner for Older People for Northern Ireland to provide a piece of research to review the current position in terms of policy guidance and law and practice in adult social care in Northern Ireland and to make suggestions, based in part on comparing with best practice in other jurisdictions, to the Commissioner, as to the best way to reform the legislation. The legislative review found: 1. Current legislation and policy guidance surrounding Adult Social Care is outdated, confusing and fragmented in Northern Ireland. Definitions and terminology used in the legislation need updated to ...


Extract From Heidi Kitrosser, Interpretive Modesty, Geo. L.J. (Forthcoming 2016), Citing Bailey-Tillman Exchange, Seth Barrett Tillman Jun 2016

Extract From Heidi Kitrosser, Interpretive Modesty, Geo. L.J. (Forthcoming 2016), Citing Bailey-Tillman Exchange, Seth Barrett Tillman

Seth Barrett Tillman

Heidi Kitrosser, Interpretive Modesty, 104 Geo. L.J. (forthcoming 2016) (manuscript at 38 n.161), citing Bailey-Tillman exchange.

[13 May 2015]


Nonmoral Theoretical Disagreement In Law, Alani Golanski May 2016

Nonmoral Theoretical Disagreement In Law, Alani Golanski

Alani Golanski

The central issue in the philosophy of law has been whether law’s content and validity rest on moral criteria. Scholars have viewed theoretical disagreements in law as the indicia of moral dispute. Both sides of the debate – those favoring and those opposing the view that moral justification may or does supply the criteria by which a rule or principle counts as "legal" – have accepted the notion that, if there is widespread theoretical disagreement in law, this would be compelling evidence of law’s incorporation of moral standards. Thus, theoretical disagreement poses a powerful challenge to the "positivist" approach, which ...


Fourth Amendment Remedies As Rights: The Warrant Requirement, David C. Gray Apr 2016

Fourth Amendment Remedies As Rights: The Warrant Requirement, David C. Gray

David C. Gray

The constitutional status of the warrant requirement is hotly debated. Critics argue that neither the text nor history of the Fourth Amendment support a warrant requirement. Also questioned is the warrant requirement’s ability to protect Fourth Amendment interests. Perhaps in response to these concerns, the Court has steadily degraded the warrant requirement through a series of widening exceptions. The result is an unsatisfying jurisprudence that fails on both conceptual and practical grounds.

These debates have gained new salience with the emergence of modern surveillance technologies such as stingrays, GPS tracking, drones, and Big Data. Although a majority of the ...


James Wilson And The Moral Foundations Of Popular Sovereignty, Ian C. Bartrum Apr 2016

James Wilson And The Moral Foundations Of Popular Sovereignty, Ian C. Bartrum

Ian C Bartrum

This paper explores the moral philosophy underlying the constitutional doctrine of popular sovereignty. In particular, it focuses on the Scottish sentimentalism that informed James Wilson’s understanding of that doctrine. Wilson, a transplanted Scotsman, was perhaps the nation’s preeminent lawyer in the middle 1780s. He was one of the most important delegates to the Constitutional Convention, one of the nation’s first law professors, and served as Associate Justice on the first Supreme Court. In these capacities, he developed the most sophisticated and coherent account of popular sovereignty among the founding generation. My initial effort is to enrich our ...


In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq. Apr 2016

In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq.

Brendan M. Conner

The accompanying Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on January 27, 2015 the House of Representatives passed legislation that would give preferential consideration for federal grants to states that have enacted a law that “discourages the charging or prosecution” of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally ...


Crashing Into The Unknown: An Examination Of Crash Optimization Algorithms Through The Two Lanes Of Ethics And Law, Jeffrey K. Gurney Apr 2016

Crashing Into The Unknown: An Examination Of Crash Optimization Algorithms Through The Two Lanes Of Ethics And Law, Jeffrey K. Gurney

Jeffrey K Gurney

Autonomous vehicles will encounter situations where an accident is truly unavoidable, requiring the vehicle to decide whom or what to hit. In such situations, the vehicle will make difficult ethical decisions based upon its programming — more specifically, how its crash-optimization algorithm is programmed.

This Article examines crash-optimization algorithms from an ethical and legal standpoint through the lenses of six moral dilemmas. Ethically, the Article focuses specifically on utilitarian and Kantian ethics. Legally, the Article considers the tort and criminal law implications of crash-optimization algorithms.

In addition, the Article discusses whether autonomous vehicles should even make ethical decisions. Concluding that they ...


Extract From Brian Hunt, Murdoch's Dictionary Of Irish Law (Dublin, Bloomsbury Professional 6th Ed. Forthcoming Circa Spring 2016), Citing Tillman & Tillman's A Fragment On Shall And May, Seth Barrett Tillman Mar 2016

Extract From Brian Hunt, Murdoch's Dictionary Of Irish Law (Dublin, Bloomsbury Professional 6th Ed. Forthcoming Circa Spring 2016), Citing Tillman & Tillman's A Fragment On Shall And May, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from Brian Hunt, Murdoch's Dictionary of Irish Law (Dublin, Bloomsbury Professional 6th ed. forthcoming circa Spring 2016), citing Tillman & Tillman's A Fragment on Shall and May.

[23 July 2015]


Measuring Political Power: Suspect Class Determinations And The Poor, Bertrall L. Ross, Su Li Jan 2016

Measuring Political Power: Suspect Class Determinations And The Poor, Bertrall L. Ross, Su Li

Bertrall L Ross

Which classes are considered suspect under equal protection doctrine? The answer determines whether courts will defer to legislatures and other government actors when they single out a group for special burdens, or intervene to protect that group from such treatment. Laws burdening suspect classes receive the strictest scrutiny possible—and under current doctrine, whether a class is suspect turns largely on whether the court views the group as possessing political power.

But how do courts know when a class lacks political power? A liberal plurality of the Supreme Court initially suggested that political power should be measured according to a ...


How Context Shapes The Authority Of International Courts, Karen J. Alter, Laurence R. Helfer, Mikael Rask Madsen Jan 2016

How Context Shapes The Authority Of International Courts, Karen J. Alter, Laurence R. Helfer, Mikael Rask Madsen

Faculty Scholarship

This article provides a novel and provocative framework to assess the varied authority of international courts (ICs). We generate practicable metric that assesses de facto IC authority according to a conjunctive standard — the recognition of an obligation to comply with IC rulings, and the engagement in meaningful actions that push toward giving full effect to IC rulings. We then identify five possible types of IC authority — no authority in fact, narrow, intermediate, extensive, and public authority — that correspond to the different audiences for IC rulings. The goal of this metric is to help the contributors to a symposium on ICs ...


The Villain Has A Point, Amy Cuzzolino Jan 2016

The Villain Has A Point, Amy Cuzzolino

Law School Student Scholarship

No abstract provided.


Regulation Of Lawyers' Use Of Competitive Keyword Advertising, Eric Goldman Jan 2016

Regulation Of Lawyers' Use Of Competitive Keyword Advertising, Eric Goldman

Faculty Publications

Lawyers have enthusiastically embraced search engine advertisements triggered by consumers’ keywords, but the legal community remains sharply divided about the propriety of buying keyword ads triggered by the names of rival lawyers or law firms (“competitive keyword advertising”). This Essay surveys the regulation of competitive keyword advertising by lawyers and concludes that such practices are both beneficial for consumers and legitimate under existing U.S. law - except in North Carolina, which adopted an anachronistic and regressive ethics opinion that should be reconsidered.


Digital Assets And Fiduciaries, Naomi R. Cahn, Christina Kunz, Suzanne Brown Walsh Jan 2016

Digital Assets And Fiduciaries, Naomi R. Cahn, Christina Kunz, Suzanne Brown Walsh

GW Law Faculty Publications & Other Works

This chapter addresses the appropriate treatment of a person's digital life when the account holder can no longer manage it. As the Internet becomes an increasingly important presence in our daily lives, the law has a significant role to play in determining the management of digital assets upon the account holder's incapacity or death. In the past, people put hard copies of photos in albums, listened to record albums, and paid bills with a stamped envelope. Today, most people use the Internet to store photos, listen to music, and pay bills. Yet few people have considered how to ...


Machine Learning, Automated Suspicion Algorithms, And The Fourth Amendment, Michael L. Rich Jan 2016

Machine Learning, Automated Suspicion Algorithms, And The Fourth Amendment, Michael L. Rich

Michael L Rich

At the conceptual intersection of machine learning and government data collection lie Automated Suspicion Algorithms, or ASAs, algorithms created through the application of machine learning methods to collections of government data with the purpose of identifying individuals likely to be engaged in criminal activity. The novel promise of ASAs is that they can identify data-supported correlations between innocent conduct and criminal activity and help police prevent crime. ASAs present a novel doctrinal challenge, as well, as they intrude on a step of the Fourth Amendment’s individualized suspicion analysis previously the sole province of human actors: the determination of when ...


Using Social Norms As A Substitute For Law, Bryan H. Druzin Jan 2016

Using Social Norms As A Substitute For Law, Bryan H. Druzin

Bryan H. Druzin

This paper follows the law and norms literature in arguing that policymakers can use social norms to support or even replace regulation. Key to the approach offered here is the idea — borrowed from the folk theorem in game theory — that cooperative order can arise in circumstances where parties repeatedly interact. This paper proposes that repeated interaction between the same agents, specifically the intensity of it, may be used as a yardstick with which to gauge the potential to scale back regulation and use social norms as a substitute for law. Where there are very high levels of repeated interaction between ...


Explaining Comparative Administrative Law: The Standing Of Positive Political Theory, Minhao Benjamin Chen, Zhiyu Li Jan 2016

Explaining Comparative Administrative Law: The Standing Of Positive Political Theory, Minhao Benjamin Chen, Zhiyu Li

Minhao Benjamin Chen

Courts may function as “fire alarms” within a principal-agent framework that sees bureaucrats as imperfectly supervised servants of their political masters. In this paper, we compare how the class of plaintiffs authorized to bring suit against governmental bodies has been defined in three countries in which we would expect to find significant barriers to administrative litigation – the People’s Republic of China, Japan, and Singapore. Although these three Asian countries have traditionally been one-party dominated states, we do observe substantial differences in how legislatures and courts have answered the question of standing over time. It is possible to explain these ...


In Defense Of The Equal Sovereignty Principle, Thomas Colby Jan 2016

In Defense Of The Equal Sovereignty Principle, Thomas Colby

GW Law Faculty Publications & Other Works

The Supreme Court of the United States based its landmark decision in Shelby County v. Holder on the proposition that the Constitution contains “a fundamental principle of equal sovereignty among the States.” For the central holding of a blockbuster constitutional case, that assertion was surprisingly unsupported. The Court simply declared it to be true, and made little effort to substantiate it. Naked as it was, the Court’s conclusion prompted savage criticism not only from the left, but also from the right. The consensus critical reaction was epitomized by Judge Richard Posner’s remark that “the court’s invocation of ...


Judging Third-Party Funding, Victoria A. Shannon Jan 2016

Judging Third-Party Funding, Victoria A. Shannon

Victoria Shannon

Third-party funding is an arrangement whereby an outside entity finances the legal representation of a party involved in litigation or arbitration. The outside entity – called a “third-party funder” – could be a bank, hedge fund, insurance company, or some other entity or individual that finances the party's legal representation in return for a profit. Third-party funding is a controversial, dynamic, and evolving phenomenon. The practice has attracted both national headlines and the recent attention of the Advisory Committee on the Federal Rules of Civil Procedure. The Advisory Committee recently declared that “judges currently have the power to obtain information about ...


Vacatur Of Awards Under The Tennessee Uniform Arbitration Act: Substance, Procedure, And Strategies For Practitioners, Steven Feldman Jan 2016

Vacatur Of Awards Under The Tennessee Uniform Arbitration Act: Substance, Procedure, And Strategies For Practitioners, Steven Feldman

Steven Feldman

Currently, a lively debate exists in the academic community about the fairness of contractual arbitration clauses. The commentators, however, rarely explore the doctrinal aspects of arbitration as found in the Uniform Arbitration Act, the Revised Uniform Arbitration Act, and the Federal Arbitration Act.

This oversight is regrettable because standard form arbitration clauses are a fixture on the current legal landscape and the odds are high that arbitration in its current form will continue for many years to come.

This article analyzes the Tennessee Uniform Arbitration Act (TUAA). One of the most challenging TUAA topics is the action for vacatur (annulment ...


Legal Adaptive Capacity: How Program Goals And Processes Shape Federal Land Adaptation To Climate Change, Robert L. Glicksman, Alejandro E. Camacho Jan 2016

Legal Adaptive Capacity: How Program Goals And Processes Shape Federal Land Adaptation To Climate Change, Robert L. Glicksman, Alejandro E. Camacho

GW Law Faculty Publications & Other Works

The degree to which statutory goals are pliable is likely to affect significantly the ability of an agency with regulatory or management responsibilities to achieve those objectives in the face of novel challenges or changing circumstances. This Article explores this dynamic by comparing the degree of “give” provided by the goals of the regimes governing management of the five types of federal public lands in responding to the challenges posed by climate change. It asserts that the extent of climate change adaptation in which an agency engages is influenced by a program’s legal adaptive capacity — the mutability of the ...