Law Commons^™

Disaster Law And Policy, Daniel Farber, Jim Chen, Robert Verchick, Lisa Grow Sun

Daniel A Farber

Internet Pricing: The Next Policy Frontier, Daniel Lyons

Daniel Lyons

In the past few years, broadband providers have begun shifting toward tiered service plans (sometimes known as usage-based pricing) that offer customers a fixed amount of data each month for a fee. On average, less than 2 percent of users exceed the most commonly-used tier of 300 GB; nearly 80 percent of consumers never exceed even 50 GB per month. Nevertheless, some critics such as Public Knowledge and the New America Foundation are concerned that this trend may bring higher prices and reduced service. Most recently, NAF analyst Benjamin Lennett asked whether tiered service plans are a plot by cable …

Stubbing Out Cigarettes For Good, Richard Daynard

Richard A. Daynard

No abstract provided.

Book Review, The Law Of Adaptation To Climate Change: U.S. And International Aspects, David Wirth

David A. Wirth

No abstract provided.

A World Of Choices, David Wirth

David A. Wirth

In this keynote address, David Wirth identifies fundamental and dynamic attributes of globalisation, examines the need to confront institutional failures and systemic challenges of multilateral governance, and offers some preliminary observations on directions in which global governance might evolve to achieve salutary outcomes that are good for all.

Easing The Guidance Document Dilemma Agency By Agency: Immigration Law And Not Really Binding Rules, Jill Family

Jill E. Family

Book Review, Environmental Law And Sustainability After Rio, David Wirth

David A. Wirth

Review of an accessible collection of essays from around the world, offering insights into legal and political issues surrounding environmental law and sustainability.

Podcast, Usage-Based Pricing In Broadband, Daniel Lyons

Daniel Lyons

No abstract provided.

Whither The Canaries: On The Exclusion Of Poor People From Equal Constitutional Protection, Julie Nice

Julie A. Nice

While neoliberal orthodoxy posits that a rising tide of economic growth will lift all boats, a sea change began in the United States around 1970 that marked the end of our social commitment to shared prosperity and the beginning of the steady widening of income inequality to its current historic level. In response, poor people might have been expected to turn to the courts for protection against the perennially pervasive prejudice against them, especially considering their relative—if not absolute—lack of political clout. But the Supreme Court had virtually closed the courthouse door in Dandridge v. Williams, affording to poor people …

Deportation Law And The New American Diaspora, Daniel Kanstroom, Mary Waters

Daniel Kanstroom

No abstract provided.

How Effective Is Deportation As An Immigration Policy?, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Opinion Analysis: Deferring To (Even More) Limited Relief From Removal, Jill Family

Jill E. Family

Argument Recap: Imputing Eligibility For Relief From Removal, Jill Family

Jill E. Family

Argument Preview: Calculating Relief From Removal, Jill Family

Jill E. Family

Endgame Visions: How Smoking Became History: Looking Back To 2012, Richard Daynard

Richard A. Daynard

No abstract provided.

Strategic Directions And Emerging Issues In Tobacco Control: Allying Tobacco Control With Human Rights: Invited Commentary, Richard Daynard

Richard A. Daynard

No abstract provided.

Linking The Questions: Judicial Supremacy As A Matter Of Constitutional Interpretation, Tabatha Abu El-Haj

Tabatha Abu El-Haj

This Article explains that what has been missing from the debate between advocates of popular constitutionalism and defenders of judicial supremacy is any account of the practice of constitutional interpretation. Without a clear sense of what constitutional interpretation involves, we cannot assess the prevailing assumption that the Supreme Court is uniquely positioned to interpret the Constitution or explore an expertise-based justification for its claim to finality. The Article, therefore, revisits the debate about judicial supremacy by starting, not with history or politics, but with constitutional interpretation itself.

Having explored the practice of constitutional interpretation, it concludes that the Supreme Court …

More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless

Rebecca Sharpless

Progressive legal scholars and practitioners have created a hierarchy within social justice lawyering. Direct service attorneys — nonprofit attorneys who focus on helping individuals in civil cases — sit at the bottom. In the 1960s, progressive theorists advanced a negative portrayal of direct service attorneys as a class. This discourse has continued through different phases in the development of progressive legal theory. Direct service work is done primarily by women in the service of women, has the aesthetic of traditional women’s work, and can be understood as embodying the thesis that women have a greater existential and psychological connection to …

Administrative Law Through The Lens Of Immigration Law, Jill Family

Jill E. Family

Immigration Law: Current Challenges And The Elusive Search For Legal Integrity, Daniel Kanstroom

Daniel Kanstroom

This chapter offers an overview of deep questions about immigration and deportation law and practice. It includes a discussion of recent deportation policies and Supreme Court precedents.

Strategic Directions And Emerging Issues In Tobacco Control: Product Liability, Richard Daynard, Eric Legresley

Richard A. Daynard

No abstract provided.

Podcast: Talk America Inc. V. Michigan Bell Telephone Company, Daniel Lyons

Daniel Lyons

No abstract provided.

Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger Citron, John Rogovin

Rodger Citron

No abstract provided.

Podcast: Is Net Neutrality A Virtual Taking?, Daniel Lyons

Daniel Lyons

No abstract provided.

Conflict Of Interest That Led To The Gulf Oil Disaster, Peter J. Honigsberg

Peter J Honigsberg

On April 20, 2010, British Petroleum’s Deepwater Horizon drilling rig in the Gulf of Mexico exploded, killing eleven people and spilling billions of gallons of oil into the gulf. In the days and weeks that followed, the media pointed to the Minerals Management Services (MMS), the regulatory agency responsible for managing offshore drilling, as being complicit with BP. The MMS issued permits for deepwater drilling in violation of its regulations; provided hundreds of exemptions to the regulations; maintained lax monitoring and enforcement procedures; allowed the companies to draft regulations that suited their interests and objectives; and engaged in inappropriate relationships …

Federal Oil Price Controls In Bankruptcy Cases: Government Claims For Repayment Of Illegal Overcharges Should Not Be Subordinated And “Penalties” Under 11 Usc §726(A)(4), Thomas Schweitzer

Thomas A. Schweitzer

No abstract provided.

Beyond Decisional Independence: Uncovering Contributors To The Immigration Adjudication Crisis, Jill Family

Jill E. Family

Testimony Of Rena Steinzor…Before The U.S. House Of Representatives, Energy And Commerce Committee, Subcommittee On Environment And Economics. 112th Congress, 1st Session (2011)., Rena Steinzor

Rena I. Steinzor

Environmental regulations have saved millions of lives, preventing chronic respiratory illness and heart attacks in cities across the country. These rules protect children from irreversible neurological damage, save billions of dollars in cleanup costs, and preserve water quality in lakes, rivers, and streams. If anything, our regulatory system is dangerously weak, and Congress should focus on reviving it rather than eroding public protections….

Virtual Takings: The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons

Daniel Lyons

“Net neutrality” refers to the principle that broadband providers should not limit the content and applications available over the Internet. Long a rallying cry of techies and academics, it has become one of the central pillars of the Obama Administration’s telecommunications policy. The Federal Communications Commission’s efforts to regulate the “onramp to the Internet” have attracted significant attention from the telecommunications industry and the academic community, which have debated whether the proposed restrictions violate broadband providers’ First Amendment rights. But there is an additional constitutional implication of net neutrality that has not yet been sufficiently addressed in the scholarly literature: …

Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill Family

Jill E. Family