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Articles 1 - 17 of 17
Full-Text Articles in Law
Regulation By Litigation, Andrew Morriss
Aids And Government: A Plan Of Action, Taunya L. Banks
Aids And Government: A Plan Of Action, Taunya L. Banks
Taunya Lovell Banks
No abstract provided.
Aids And Government: A Plan Of Action, Taunya L. Banks
Aids And Government: A Plan Of Action, Taunya L. Banks
Taunya Lovell Banks
No abstract provided.
Regulation By Litigation, Andrew Morriss
Agency Preemption And The Shimer Analysis: Unmasking Strategic Characterization By Agencies And Giving Effect To The Presumption Against Preemption, Karen Jordan
Karen A. Jordan
Un Regard Extérieur: Back Impact Of European Union Legislation On American Environmental Regulations, David Wirth
Un Regard Extérieur: Back Impact Of European Union Legislation On American Environmental Regulations, David Wirth
David A. Wirth
No abstract provided.
Reglering Av Överlåtna Förvaltningsuppgifter [Rules On Public Matters That Are Assigned To Non Government Subjects], Vilhelm Persson
Reglering Av Överlåtna Förvaltningsuppgifter [Rules On Public Matters That Are Assigned To Non Government Subjects], Vilhelm Persson
Vilhelm Persson
Swedish law allows that public matters are assigned to private parties as well as international or foreign bodies. When matters are assigned, general administrative rules are often not applicable. However, constitutional provisions still have to be respected by private parties. In contrast, transferring matters to international or foreign bodies has the effect to completely distance the matters from the Swedish legal order, including the constitution. But of course Sweden could make it a condition for the transfer that Swedish rules are applied.
Children’S Rights To Representation: A Comparison Between Sweden And England, Titti Mattsson, Eva Ryrstedt
Children’S Rights To Representation: A Comparison Between Sweden And England, Titti Mattsson, Eva Ryrstedt
Titti Mattsson
In both England and in Sweden, the approach to a child's right to representation differs between public law cases and private law cases regarding legal custody/parental responsibility, residence or contact. This article discusses the basis for this distinction, and how far it accords with the best interests of the child.
Toward A True Elements Test: Taylor And The Categorical Analysis Of Crimes In Immigration Law, Rebecca Sharpless
Toward A True Elements Test: Taylor And The Categorical Analysis Of Crimes In Immigration Law, Rebecca Sharpless
Rebecca Sharpless
When determining the legal effect of a conviction under immigration law, adjudicators claim to apply a uniform, federal standard that prohibits fact finding regarding the underlying circumstances that gave rise to the conviction. This categorical analysis of crimes is firmly rooted in all levels of administrative and federal court case law. Yet fundamental confusion exists concerning what it means to apply a categorical approach to evaluating when a criminal conviction is of a type that triggers deportation. This article demonstrates that a source of this confusion is a misunderstanding of the nature of a conviction and the difference between a …
Regulation Short-Cut: Re-Route Pa. Code Searches To The Internet For Quicker, More Efficient Legal Research, Matthew Mcgovern
Regulation Short-Cut: Re-Route Pa. Code Searches To The Internet For Quicker, More Efficient Legal Research, Matthew Mcgovern
Matthew McGovern
No abstract provided.
The Legal Infrastructure Of Subprime And Nontraditional Mortgage Lending
The Legal Infrastructure Of Subprime And Nontraditional Mortgage Lending
Patricia A. McCoy
This paper provides a critical analysis of the legal landscape of residential mortgage lending and explains how federal law abdicated regulation of the subprime market. First, the paper presents the historical backdrop to government oversight of mortgage lending and identifies the changes to and innovations in the lending process that contributed to the recent transformation of the residential mortgage market. We then describe recent attempts at the state and federal level to re-regulate and the backlash initiated by the federal banking agencies to thwart regulation of their constituent banks through preemption, resulting in parallel universes of regulation. Next, the article …
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
Luke A. Boso
In May 2004, the Food and Drug Administration (FDA) announced a final rule to be published in the Federal Register that would establish eligibility criteria for persons seeking to donate sperm and other human cells and tissues. Concurrently, the FDA issued a draft guidance document that provides recommendations for complying with the requirements, listing men who have had sex with another man in the preceding 5 years (MSMs) as the number one risk factor. The FDA does not, however, make a distinction between MSMs who practice safe sex and those who have unprotected sex, nor does it identify men who …
Acerca Del Dominio Público Y Dominio Privado Del Estado., Walter Vásquez Rebaza
Acerca Del Dominio Público Y Dominio Privado Del Estado., Walter Vásquez Rebaza
Walter Vásquez Rebaza
No abstract provided.
El Sistema De Solución De Controversias Entre Estados, Pierino Stucchi, Luis García-Corrochano
El Sistema De Solución De Controversias Entre Estados, Pierino Stucchi, Luis García-Corrochano
Pierino Stucchi
No abstract provided.
The Importance Of Professionalism, John L. Gedid
Achieving Policymaking Consensus: The (Unfortunate) Waning Of Negotiated Rulemaking, Jeffrey Lubbers
Achieving Policymaking Consensus: The (Unfortunate) Waning Of Negotiated Rulemaking, Jeffrey Lubbers
Jeffrey Lubbers
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Donald J. Kochan
Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States to …