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Full-Text Articles in Law

Neoliberalism And The Law Reassessing Historical Materialist Analysis Of The Law For The 21st Century, Justin Schwartz Mar 3013

Neoliberalism And The Law Reassessing Historical Materialist Analysis Of The Law For The 21st Century, Justin Schwartz

Justin Schwartz

Historical materialism has been called in question by the triumph of neoliberalism and the fall of Communism. I show, by consideration of two examples, the 2008 crisis and recent Supreme Court campaign spending First Amendment jurisprudence, that neoliberalism instead vindicates the explanatory power of (non-mechanical and non-deterministic) historical materialism in accounting for a wide range of recent legal developments in legislation, executive (in)action, and judicial decision-making.


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.


Will More, Better, Cheaper, And Faster Monitoring Improve Environmental Management?, Ryan P. Kelly Jan 2104

Will More, Better, Cheaper, And Faster Monitoring Improve Environmental Management?, Ryan P. Kelly

Ryan P Kelly

Two critical problems in environmental management are a lack of primary data and the difficulty of assessing the environmental impacts of human activities. Producing the information necessary to address these twin challenges is often difficult and expensive, which impedes decisionmaking in environmental management. I focus here on the possibility of making data collection more powerful and more cost-effective with a suite of analyses made tractable by emerging technology for genetic analysis. More, better, cheaper, and faster information about the planet’s living resources promises to influence a wide range of legal and policy processes—from Clean Water Act compliance and ...


Business Law Bulletin, Fall 2013 Sep 2103

Business Law Bulletin, Fall 2013

Business Law Bulletin

No abstract provided.


Extract From Konstantinos G. Margaritis's Accession Of The Eu To The Echr (Forthcoming Circa Dec. 2016) (Unpublished Ph.D. Dissertation, Law School Of National And Kapodistrian University Of Athens), Citing Tillman & Tillman's A Fragment On Shall And May, Seth Barrett Tillman Dec 2016

Extract From Konstantinos G. Margaritis's Accession Of The Eu To The Echr (Forthcoming Circa Dec. 2016) (Unpublished Ph.D. Dissertation, Law School Of National And Kapodistrian University Of Athens), Citing Tillman & Tillman's A Fragment On Shall And May, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from Konstantinos G. Margaritis's Accession of the EU to the ECHR (forthcoming circa Dec. 2016) (unpublished Ph.D. dissertation, Law School of National and Kapodistrian University of Athens) (on file with author), citing Tillman & Tillman's A Fragment on Shall and May.

[October 2, 2013]


Planned Extract Fom Nicholas Quinn Rosenkranz's The Subjects Of The Constitution (Oxford University Press Forthcoming Circa Spring 2016), Seth Barrett Tillman Jan 2016

Planned Extract Fom Nicholas Quinn Rosenkranz's The Subjects Of The Constitution (Oxford University Press Forthcoming Circa Spring 2016), Seth Barrett Tillman

Seth Barrett Tillman

Nicholas Quinn Rosenkranz, The Subjects of the Constitution (Oxford University Press forthcoming circa Spring 2016).

I make no claims what Rosenkranz's future publication will state, or what it will cite, or who it will acknowledge. ISBN 9780199759620

[No extract is currently available or posted.]

[August 19, 2013]


Do Kinship Networks Strengthen Private Property? Evidence From Rural China, Taisu Zhang, Xiaoxue Zhao Jan 2016

Do Kinship Networks Strengthen Private Property? Evidence From Rural China, Taisu Zhang, Xiaoxue Zhao

Faculty Scholarship

This paper finds that the existence of strong kinship networks tends to limit state interference with private property use in rural China by protecting villagers against unwanted government land takings. It then distinguishes kinship networks from other kinds of social networks by showing that their deterrence effect against coercive takings is far more significant and resilient under conditions of prevalent rural-urban migration than deterrence by neighborhood cooperatives and religious groups. Finally, the paper attempts to identify and differentiate between various possible mechanisms behind these effects: It argues that kinship networks protect private property usage mainly through encouraging social reciprocity between ...


A Whole New World: Income Tax Considerations Of The Bitcoin Economy, Benjamin W. Akins Jd, Llm, Jennifer L. Chapman Jd, Cpa, Jason M. Gordon Jd, Mba Feb 2015

A Whole New World: Income Tax Considerations Of The Bitcoin Economy, Benjamin W. Akins Jd, Llm, Jennifer L. Chapman Jd, Cpa, Jason M. Gordon Jd, Mba

Benjamin W. Akins

Bitcoin is a virtual, cryptocurrency growing rapidly in influence throughout the world. Numerous characteristics associated with the bitcoin system, including low transaction costs and greater user privacy, make it appealing as a medium of electronic payment. The number of users of bitcoin, including merchants accepting the currency as a form of payment, has grown considerably in recent years. Estimates indicate that there are more than 60,000 active bitcoin users as of September 2012, with nearly 11 million bitcoins in existence. According to the latest estimates, bitcoin market capitalization is roughly $9 billion. The growth of bitcoin as an accepted ...


Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson Feb 2015

Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

Especially in the wake of the financial crisis, prosecutors and the public are searching for new tools to combat corporate conspiracy. The most ...


Extract From Joseph M. Perillo, Calamari And Perillo On Contracts § 1.8(B) (7th Ed. Forthcoming Circa Jan. 2015), Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman Jan 2015

Extract From Joseph M. Perillo, Calamari And Perillo On Contracts § 1.8(B) (7th Ed. Forthcoming Circa Jan. 2015), Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman

Seth Barrett Tillman

Extract from Joseph M. Perillo, Calamari and Perillo on Contracts § 1.8(b) n.8 (7th ed. forthcoming circa Jan. 2015), citing Bigler & Tillman's Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law.

[December 8, 2013]


Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. Mccall Jan 2015

Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. Mccall

Brian M McCall

Many politicians and commentators agree that credit default swaps (CDS) played a significant role in the financial crisis of 2008. Yet, few who observe this role are aware that CDS were set loose on the economy by the federal pre-emption of thousands of years of public policy. Since the time of Aristotle law, philosophy and public policy have been hostile to gambling. Viewed as a socially unproductive zero sum wealth transfer, the law has generally refused to permit parties to use the courts to enforce wagers. Courts and legislatures worked in harmony to control and in some cases punish financial ...


Constructed Constraint And The Constitutional Text, Curtis A. Bradley, Neil S. Siegel Jan 2015

Constructed Constraint And The Constitutional Text, Curtis A. Bradley, Neil S. Siegel

Faculty Scholarship

In recent years, constitutional theorists have attended to the unwritten aspects of American constitutionalism and, relatedly, to the ways in which the constitutional text can be built upon, or “constructed,” by various materials. This Article, by contrast, focuses on the role of the constitutional text itself, and in doing so employs an older, more interpretive understanding of constitutional “construction.” Under some accounts, the text plays a minor role. On this view, interpreters may invoke the text rhetorically, but it does not constrain their interpretations. These critical accounts can be contrasted with strictly textualist theories, which maintain that constitutional interpretation derives ...


Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca Jan 2015

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Ryan G. Vacca

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further ...


Structural Police Reform, Stephen Rushin Jan 2015

Structural Police Reform, Stephen Rushin

Stephen Rushin

For most of American history, courts and policymakers have relied on a small handful of relatively non-invasive tools to fight police misconduct. These traditional approaches to police regulation merely incentivized, but did not force, police departments to adopt costly reforms aimed at curbing unconstitutional behavior. In 1994, Congress passed 42 U.S.C. §14141, a statute authorizing the Attorney General to initiate structural reform litigation against local police agencies engaged in a pattern or practice of misconduct. Although some of the nation’s largest cities have now undergone this sort of structural police reform, there has been little empirical legal ...


Federal Arbitration Act Preemption Of State Public-Policy-Based Employment Arbitration Doctrine: An Autopsy And An Argument For Federal Agency Oversight, E. Gary Spitko Jan 2015

Federal Arbitration Act Preemption Of State Public-Policy-Based Employment Arbitration Doctrine: An Autopsy And An Argument For Federal Agency Oversight, E. Gary Spitko

Faculty Publications

This article examines the negative impact that the U.S. Supreme Court’s recent jurisprudence interpreting the Federal Arbitration Act (“FAA”) will have on the ability of states to promote the public interests that ground state employment regulation and argues for a reordering of the relationship between federal arbitration law and state public-policy-based employment arbitration doctrine. The article proceeds in three steps. First, the article demonstrates that the U.S. Supreme Court’s 2011 decision in AT&T Mobility, Inc. v. Concepcion and 2013 decision in American Express Co. v. Italian Colors Restaurant together extinguish the state effective-vindication and public ...


Placeholder, Seth Barrett Tillman Dec 2014

Placeholder, Seth Barrett Tillman

Seth Barrett Tillman

This is a placeholder.

[June 21, 2011]


Extract From Brian Hunt, Murdoch's Dictionary Of Irish Law (Dublin, Bloomsbury Professional 6th Ed. Forthcoming Circa Dec. 2014), Citing Tillman & Tillman's A Fragment On Shall And May, Seth Barrett Tillman Dec 2014

Extract From Brian Hunt, Murdoch's Dictionary Of Irish Law (Dublin, Bloomsbury Professional 6th Ed. Forthcoming Circa Dec. 2014), 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 Dec. 2014), citing Tillman & Tillman's A Fragment on Shall and May.

[July 22, 2013]


Extract From Yasmin Dawood, Classifying Corruption, Duke Journal Of Contitutional Law & Public Policy (Forthcoming Circa June 2014), Citing Teachout-Tillman Exchange And Tillman On Lessig, Seth Barrett Tillman Dec 2014

Extract From Yasmin Dawood, Classifying Corruption, Duke Journal Of Contitutional Law & Public Policy (Forthcoming Circa June 2014), Citing Teachout-Tillman Exchange And Tillman On Lessig, Seth Barrett Tillman

Seth Barrett Tillman

Yasmin Dawood, Classifying Corruption, 9 Duke J. Const. L. & Pub. Pol’y (forthcoming circa June 2014) (manuscript at 10 n.47, 11 n.56), citing Teachout-Tillman exchange and Tillman on Lessig.

See http://ssrn.com/abstract=2401297.

[February 27, 2014]


Ronald Collins & David Skover, When Money Speaks: The Mccutcheon Case, Campaign Financing Laws, And The First Amendment (2014), Citing Teachout-Tillman Exchange And Tillman's Response To Lessig, Seth Barrett Tillman Nov 2014

Ronald Collins & David Skover, When Money Speaks: The Mccutcheon Case, Campaign Financing Laws, And The First Amendment (2014), Citing Teachout-Tillman Exchange And Tillman's Response To Lessig, Seth Barrett Tillman

Seth Barrett Tillman

Ronald Collins & David Skover, When Money Speaks: The McCutcheon Case, Campaign Financing Laws, and The First Amendment, § Bibliography, at 379 (2014), citing Teachout-Tillman exchange, and Tillman's Response to Lessig.

[March 8, 2014]


Sex Offender Residency Restrictions Serve No Purpose, Stephen Butts Oct 2014

Sex Offender Residency Restrictions Serve No Purpose, Stephen Butts

GGU Law Review Blog

No abstract provided.


The Death Of Tax Court Exceptionalism, Stephanie Hoffer, Christopher J. Walker Oct 2014

The Death Of Tax Court Exceptionalism, Stephanie Hoffer, Christopher J. Walker

Christopher J. Walker

Tax exceptionalism—the view that tax law does not have to play by the administrative law rules that govern the rest of the regulatory state—has come under attack in recent years. In 2011, the Supreme Court rejected such exceptionalism by holding that judicial review of the Treasury Department’s interpretations of the tax code is subject to the same Chevron deference regime that applies throughout the administrative state. The D.C. Circuit followed suit by rejecting the IRS’s position that its notices are not subject to judicial review under the Administrative Procedure Act (APA). This Article calls for ...


Orwellian Surveillance Of Vehicular Travels, Sam Hanna Oct 2014

Orwellian Surveillance Of Vehicular Travels, Sam Hanna

Sam Hanna

What would someone learn about you if all your automobile travels were ubiquitously tracked beginning today? Creating an indefinite database of a person’s previous automobile travels to formulate deductions on intimate details of people's lives is precisely what law enforcement agencies are currently able to accomplish with automatic license plate recognition (“ALPR”). With the ubiquity of ALPR cameras, continuous government surveillance of automobile travels is no longer a figment of the imagination. Consequently, the judicial and legislative branches of government must embark on balancing the private and public interests implicated by this technology. Failure to set suitable boundaries ...


An Imminent Substantial Disruption: Towards A Uniform Standard For Balancing The Rights Of Students To Speak And The Rights Of Administrators To Discipline., Allison G. Kort Oct 2014

An Imminent Substantial Disruption: Towards A Uniform Standard For Balancing The Rights Of Students To Speak And The Rights Of Administrators To Discipline., Allison G. Kort

Allison G Kort

ABSTRACT

An Imminent Substantial Disruption: Toward a Uniform Standard for Balancing the Rights of Students to Speak and the Rights of Administrators to Discipline.

By Allison Kort

Twenty-five years before the Supreme Court’s landmark school speech decision in Tinker v. Des Moines, 393 U.S. 503, 504 (1969), the Court cautioned against placing too much discretion in the hands of school boards. In Tinker, when students wore black armbands to protest the Vietnam War, the Supreme Court determined that student speech may not be censored when the record demonstrates no facts which would reasonably have led school authorities to ...


Outsourcing Corporate Accountability, Kish Vinayagamoorthy Oct 2014

Outsourcing Corporate Accountability, Kish Vinayagamoorthy

Kish Vinayagamoorthy

This Article addresses the problem of preventing human rights violations abroad that result from the globalization of business. It specifically explores the challenge of promoting corporate social responsibility in global value chains. The modern business has changed dramatically and has “gone global” in order to court foreign markets and secure resources, including labor. Familiar household names, such as Nike and Apple, have “outsourced” many of their functions to suppliers overseas. As multinational buyers, they dominate one end of the global value chain. At the opposite end of the value chain are the local managers and owners of the factories and ...


Self, Privacy, And Power: Is It All Over?, Richard Warner Oct 2014

Self, Privacy, And Power: Is It All Over?, Richard Warner

Richard Warner

The realization of a multifaceted self is an ideal one strives to realize. One realizes such a self in large part through interaction with others in various social roles. Such realization requires a significant degree of informational privacy. Informational privacy is the ability to determine for yourself when others may collect and how they may use your information. The realization of multifaceted selves requires informational privacy in public. There is no contradiction here: informational privacy is a matter of control, and you can have such control in public. Current information processing practices greatly reduce privacy in public thereby threatening the ...


Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds Oct 2014

Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds

Jesse Reynolds

Abstract: As forecasts for climate change and its impacts have become direr, climate engineering proposals have come under increasing consideration and are presently moving toward field trials. This article examines the relevant international environmental law, distinguishing between climate engineering research and deployment. It also emphasizes the climate change context of these proposals and the enabling function of law. Extant international environmental law generally favors such field tests, in large part because, even though field trials may present uncertain risks to humans and the environment, climate engineering may reduce the greater risks of climate change. Notably, this favorable legal setting is ...


When Is A Dog’S Tail Not A Leg?: A Property-Based Methodology For Distinguishing Sales Of Receivables From Security Interests That Secure An Obligation, Steven L. Harris, Charles W. Mooney Jr. Sep 2014

When Is A Dog’S Tail Not A Leg?: A Property-Based Methodology For Distinguishing Sales Of Receivables From Security Interests That Secure An Obligation, Steven L. Harris, Charles W. Mooney Jr.

Faculty Scholarship

There are two principal ways in which a firm that is owed money payable in the future but needs the money now may use its rights to payment (“receivables”) to obtain the needed financing. It might sell its receivables, or it might borrow and use the receivables as collateral to secure the loan. Different legal consequences follow depending on whether the transaction is a true sale or is a security interest that secures an obligation (a “SISO”).


These legal consequences are particularly salient when the firm enters bankruptcy. If the transaction is a sale, then the buyer can collect the ...


Citation List To Why Professor Lessig's Dependence-Corruption Is Not A Founding-Era Concept, Seth Barrett Tillman Jul 2014

Citation List To Why Professor Lessig's Dependence-Corruption Is Not A Founding-Era Concept, Seth Barrett Tillman

Seth Barrett Tillman

This is a citation list to "Why Professor Lessig's Dependence-Corruption is not a Fouding-Era Concept" published on Constitution Daily, and forthcoming in Election Law Journal.

[March 8, 2014]


Emerging Patterns Of Global Constitutionalization: Toward A Conceptual Framework, Karolina Milewicz Jul 2014

Emerging Patterns Of Global Constitutionalization: Toward A Conceptual Framework, Karolina Milewicz

Indiana Journal of Global Legal Studies

Global constitutionalization is a recent phenomenon that is decisively changing the character of the international order. This argument was put forward recently by scholars of international law and has gained significance in the institutional school of thought. However, the notion of "global constitutionalization" is often used imprecisely and has so far been largely neglected in the field of international relations. It still lacks a consistent and operational definition, which would enable political scientists and international relations scholars to conduct empirical research. This article explores a preliminary framework for the concept of global constitutionalization.

Global Constitutionalism – Process and Substance, Symposium. Kandersteg ...


Artificial Insemination From Donor (Aid) – From Status To Contract And Back Again?, Yehezkel Margalit Jul 2014

Artificial Insemination From Donor (Aid) – From Status To Contract And Back Again?, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the institutions of family and parenthood and an abandonment of the historical emphasis on their bionormative structures. These changes are the result of societal shifts with respect to public openness and technological innovations that segregate marital relations from sexuality and fertility. The resultant parenthood structures, which depart from traditional spousal and parental models, intensify the ability and need to determine legal parenthood in numerous unprecedented contexts. Sir Henry Maine famously stated that mankind is pacing from status toward contract. This theme has had particular resonance during the past half century in ...