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Articles 31 - 60 of 63
Full-Text Articles in Law
Conference: Laïcité In Comparative Perspective, Elisabeth Zoller, Marc O. Degirolami, Nina Crimm, Javier Martínez-Torrón
Conference: Laïcité In Comparative Perspective, Elisabeth Zoller, Marc O. Degirolami, Nina Crimm, Javier Martínez-Torrón
Articles by Maurer Faculty
No abstract provided.
Book Review. Louis D. Brandeis And The Making Of Regulated Competition, 1900-1932 By Gerald Berk, Ajay K. Mehrotra
Book Review. Louis D. Brandeis And The Making Of Regulated Competition, 1900-1932 By Gerald Berk, Ajay K. Mehrotra
Articles by Maurer Faculty
No abstract provided.
Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla
Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla
Articles by Maurer Faculty
This article examines the U.S. Supreme Court’s decision Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) from a social psychological perspective, and empirically studies Iqbal’s effect on claims of race discrimination.
In Twombly and then Iqbal, the Court recast Rule 8 from a notice-based rule into a plausibility standard. Under Iqbal, federal judges must evaluate whether each complaint contains sufficient factual matter “to state a claim to relief that is plausible on its face.” When doing so, Iqbal requires judges to draw on their “judicial experience and common sense.” Courts apply Iqbal at the pleading stage, before evidence has been …
Interstate Recognition Of Parent-Child Relationships: The Limits Of The State Interests Paradigm And The Role Of Due Process, Steve Sanders
Interstate Recognition Of Parent-Child Relationships: The Limits Of The State Interests Paradigm And The Role Of Due Process, Steve Sanders
Articles by Maurer Faculty
How secure are the legal relationships between gay or lesbian parents and their children when those families move from one state to another? What happens when a non-biological parent who has been legally recognized as a full parent under the laws of one state moves with her same-sex spouse and their child to a different state where public policy is unfriendly toward same-sex relationships? Or what happens when a same-sex couple adopts a child, thus becoming its full legal parents, then seeks recognition of their parental status in a different state?
In this Article I argue that the traditional doctrines …
Why Judicial Disqualification Matters. Again., Charles G. Geyh
Why Judicial Disqualification Matters. Again., Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Looking For A Few Good Philosopher Kings: Political Gerrymandering As A Question Of Institutional Competence, Luis Fuentes-Rohwer
Looking For A Few Good Philosopher Kings: Political Gerrymandering As A Question Of Institutional Competence, Luis Fuentes-Rohwer
Articles by Maurer Faculty
The redistricting season is about to begin in full swing, and with it will come renewed calls for the federal courts, and particularly the U. S. Supreme Court, to aggressively review the work of the political branches. This is an intriguing puzzle. Since the early 1960’s, the federal courts have regulated questions of politics aggressively. They have done this even in the face of difficult questions of political representation. The courts have taken sides, to be sure, but these can only be described as acts of volition and will, not constitutional law. The leading case is Reynolds v. Sims. This …
Promoting Employee Voice In The American Economy: A Call For Comprehensive Reform, Kenneth G. Dau-Schmidt
Promoting Employee Voice In The American Economy: A Call For Comprehensive Reform, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
It has become apparent that there are serious deficiencies in the American model of production. Our model of corporate governance has recently come under intense scrutiny in the academic literature and the popular press. There are increasing concerns that American corporations are too focused on short-run profits and stock prices, at the expense of long-term strategies and investments that would benefit the long-run value of the firm, employees, and the American economy at large. In the pursuit of short-run shareholder interests, American corporations have bestowed on senior executives enormous compensation packages that seem increasingly divorced from any notion of rationality, …
The Variable Value Of U.S. Legal Education In The Global Legal Services Market, Carole Silver
The Variable Value Of U.S. Legal Education In The Global Legal Services Market, Carole Silver
Articles by Maurer Faculty
Many U.S. law firms now claim to be global organizations, and they seek to occupy the same high status everywhere they work. In part, simply supporting overseas offices is an indication of status for U.S.-based firms. But firms want more than this and they strive for recognition as elite advisors around the world. In this pursuit, have firms identified a set of common characteristics and credentials that define a "global lawyer?" That is, is there a uniform and universal profile, or perhaps a set of assets that comprise global professional capital, which are emerging as the indicia of credibility and …
"Sticky Metaphors" And The Persistence Of The Traditional Voluntary Manslaughter Doctrine, Joseph L. Hoffmann, Elise J. Percy, Steven J. Sherman
"Sticky Metaphors" And The Persistence Of The Traditional Voluntary Manslaughter Doctrine, Joseph L. Hoffmann, Elise J. Percy, Steven J. Sherman
Articles by Maurer Faculty
No abstract provided.
Delay In Process, Denial Of Justice: The Jurisprudence And Empirics Of Speedy Trials In Comparative Perspective, Jayanth K. Krishnan, C. Raj Kumar
Delay In Process, Denial Of Justice: The Jurisprudence And Empirics Of Speedy Trials In Comparative Perspective, Jayanth K. Krishnan, C. Raj Kumar
Articles by Maurer Faculty
Criminal law scholars regularly maintain that American prisons are overcrowded and that defendants in custody wait long periods of time before having their cases brought to trial. A similar refrain is made of the penal process in India – the world’s largest democracy, an ally of the United States, and a country with a judiciary that has drawn upon American criminal procedure law. In fact, the situation in India is thought to be much worse. Accounts of prisoners languishing behind bars for several years – and sometimes decades – awaiting their day in court are not uncommon. And many Indian …
A Tisket, A Tasket: Basketing And Corporate Tax Shelters, Leandra Lederman
A Tisket, A Tasket: Basketing And Corporate Tax Shelters, Leandra Lederman
Articles by Maurer Faculty
In an income tax system that comported with the economic, or Haig-Simons, definition of income, deductible expenses would not face source-based limitations. A true Haig-Simons income tax system therefore would not take the schedular approach of sorting different types of expenses and losses into distinct conceptual “baskets” containing corresponding types of income. Practical realities often require departing from the Haig-Simons norm, however. The U.S. federal income tax system does require individuals to basket a number of types of expenses and losses. For example, individuals’ passive activity losses can only be deducted from passive income gains. By contrast, most corporations taxed …
Military Forces, Global Health, And The International Health Regulations (2005), David P. Fidler
Military Forces, Global Health, And The International Health Regulations (2005), David P. Fidler
Articles by Maurer Faculty
Security, economic, development, and humanitarian threats created by infectious diseases have heightened the importance of military forces to national and global public health responses. This article explores the increasing need for military involvement in public and global health surveillance and response to infectious disease threats, and focuses on how military forces can more effectively support implementation of the World Health Organization’s International Health Regulations (2005) (IHR (2005)). The article explains the major changes made in negotiations that produced the IHR (2005) and the importance of these changes to military-to-military activities and civilian-military cooperation. It identifies five areas in which military …
Three Essays On Tax Salience: Market Salience And Political Salience, David Gamage, Darien Shanske
Three Essays On Tax Salience: Market Salience And Political Salience, David Gamage, Darien Shanske
Articles by Maurer Faculty
This Article analyzes the literatures on how individuals understand taxation (i.e., tax salience). We evaluate how taxpayers respond to different presentations of tax prices both in their roles as market participants and as voters. We aim to combat naïve notions about tax salience that currently exert a pernicious influence on tax lawmaking. In particular, we argue that it is normatively desirable for governments to reduce tax salience with respect to market decision making, and that there is nothing objectionable about governments reducing tax salience with respect to political decision making.
On Tax Increase Limitations: Part I -- A Costly Incoherence, David Gamage, Darien Shanske
On Tax Increase Limitations: Part I -- A Costly Incoherence, David Gamage, Darien Shanske
Articles by Maurer Faculty
In this essay, the first of a series, we explore the theoretical implications of one particular type of fiscal limitation on state legislatures - namely, special rules limiting tax increases. In this first essay we will explore the analytic soundness of these tax increase limitations (TILs). In future essays in this series we will analyze some of the consequences of TILs and in particular how they can be 'evaded.' We will argue over the course of this series of essays that because there is no meaningful content to the term 'tax increase' as it is used in TILs, legislative majorities …
Privacy -- An Elusive Concept, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Privacy -- An Elusive Concept, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
Cracks In The Firmament Of Burma's Military Government: From Unity Through Coercion To Buying Support, David C. Williams
Cracks In The Firmament Of Burma's Military Government: From Unity Through Coercion To Buying Support, David C. Williams
Articles by Maurer Faculty
Despite holding recent elections, Burma’s military government does not intend to relinquish power; its new constitution guarantees the army the right to do whatever it wants. Democracy will therefore not come to Burma through legal, peaceful, incremental steps. Instead, democracy will come to Burma outside the legal process, because the basis for the regime’s power has changed, becoming markedly weaker. When it first seized power in 1961, the military was united and therefore able to rule through coercion alone. In the past several decades, by contrast, the generals have increasingly sought to purchase support by giving income and resource streams …
The Whole Is Greater Than The Sum Of The Parts: Analyzing Legal Problems In An Endogenous World, Kenneth G. Dau-Schmidt
The Whole Is Greater Than The Sum Of The Parts: Analyzing Legal Problems In An Endogenous World, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.
Facing The Unfaceable: Dealing With Prosecutorial Denial In Postconviction Cases Of Actual Innocence, Aviva A. Orenstein
Facing The Unfaceable: Dealing With Prosecutorial Denial In Postconviction Cases Of Actual Innocence, Aviva A. Orenstein
Articles by Maurer Faculty
As this memorial volume illustrates, Fred Zacharias wrote insightfully on many aspects of the legal profession, covering a wide-range of ethical topics and analyzing many aspects of lawyers’ work. He was interested in the lives of lawyers and believed they owed a duty to society beyond an exclusive focus on individual clients’ interests.
This Article develops a question that intrigued Fred: Prosecutors’ duties postconviction to prisoners who might be innocent. Although Fred wrote about a panoply of questions that arise regarding the prosecutor’s duty to “do justice” after conviction, this Article will address one specific area of concern: how and …
Migration Conservation: A View From Above, Robert L. Fischman
Migration Conservation: A View From Above, Robert L. Fischman
Articles by Maurer Faculty
The extinction prevention focus of natural resources policy diverts attention from important issues of ecological integrity and adaptation to climate change. Animal migration conservation serves as a bridge from the imperiled species problem to the more spatially and temporally difficult problems surrounding climate change adaptation. Conserving abundant animal migrations both strengthens the resilience of the ecosystems in which they function and tests the resilience of social institutions responsible for adaptation. This essay synthesizes the findings of a two-year, interdisciplinary study of animal migration conservation. It also introduces the articles that follow in a symposium issue of the journal, Environmental Law.
Beyond Trust Species: The Conservation Potential Of The National Wildlife Refuge System In The Wake Of Climate Change, Robert L. Fischman, Robert Adamcik
Beyond Trust Species: The Conservation Potential Of The National Wildlife Refuge System In The Wake Of Climate Change, Robert L. Fischman, Robert Adamcik
Articles by Maurer Faculty
Over the last two decades, the U.S. Fish and Wildlife Service (“FWS”) has come to define its conservation mission in the context of species protection. The concept of “trust species” is now a common focal point for the myriad responsibilities of the FWS. This has become problematic for one of the major programs of the agency: management of the world’s largest biodiversity conservation network, the national wildlife refuge system (“NWRS”). A major legislative overhaul of the NWRS charter and the imperatives of climate change adaptation have weakened the concept as a reliable touchstone for NWRS management and expansion. The FWS …
From Global To Polycentric Climate Governance, Daniel H. Cole
From Global To Polycentric Climate Governance, Daniel H. Cole
Articles by Maurer Faculty
Global governance institutions for climate change, such as those established by the United Nations Framework Convention on Climate Change and the Kyoto Protocol, have so far failed to make a significant impact on greenhouse gas emissions. Following the lead of Elinor Ostrom, this paper offers an alternative theoretical framework for reconstructing global climate policy in accordance with the polycentric approach to governance pioneered in the early 1960s by Vincent Ostrom, Charles Tiebout, and Robert Warren. Instead of a thoroughly top-down global regime, in which lower levels of government simply carry out the mandates of international negotiators, a polycentric approach provides …
Red Skies In The Morning—Professional Ethics At The Dawn Of Cloud Computing, Sarah Jane Hughes, Roland L. Trope
Red Skies In The Morning—Professional Ethics At The Dawn Of Cloud Computing, Sarah Jane Hughes, Roland L. Trope
Articles by Maurer Faculty
The article evaluates risks to clients’ confidential and privileged information when lawyers or law firms store such information in any cloud computing “space” against the requirements of the Model Rules of Professional Conduct and the New York Rules of Professional Conduct. It also evaluates pertinent liability provisions of some of the more commonly used cloud computing services (Amazon.com and Google) against the lawyer’s responsibilities. An interesting portion covers the latest thinking from NIST on cloud computing benefits and risks.
Moving Forward Together, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Moving Forward Together, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
Editorial, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Editorial, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
Improving Criminal Justice: How Can We Make The American Criminal Justice System More Just?, Joseph L. Hoffmann, Nancy J. King
Improving Criminal Justice: How Can We Make The American Criminal Justice System More Just?, Joseph L. Hoffmann, Nancy J. King
Articles by Maurer Faculty
No abstract provided.
Tribute To David Stras: Under The Microscope, Ryan W. Scott
Tribute To David Stras: Under The Microscope, Ryan W. Scott
Articles by Maurer Faculty
Professor Scott's tribute to long time collaborator David R. Stras.
Race Disparity Under Advisory Guidelines: Dueling Assessments And Potential Responses, Ryan W. Scott
Race Disparity Under Advisory Guidelines: Dueling Assessments And Potential Responses, Ryan W. Scott
Articles by Maurer Faculty
Dueling studies of race disparity, one by the U.S. Sentencing Commission (USSC, 2010) and an alternative analysis published in this issue by Ulmer, Light, and Kramer (2011), diverge sharply in their methodological choices and in their characterization of trends in federal sentencing. The Commission’s study suggests a marked increase in race disparity, differences in sentencing outcomes between racial groups that cannot be explained by controlling for relevant nonrace factors, after the Supreme Court’s decisions in United States v. Booker (2005) and Gall v. United States (2007). Those decisions rendered the federal Sentencing Guidelines advisory and set a highly deferential standard …
The Social Reconstruction Of Race & Ethnicity Of The Nation's Law Students: A Request To The Aba, Aals, And Lsac For Changes In Reporting Requirements, Kevin D. Brown, Tom I. Romero Ii
The Social Reconstruction Of Race & Ethnicity Of The Nation's Law Students: A Request To The Aba, Aals, And Lsac For Changes In Reporting Requirements, Kevin D. Brown, Tom I. Romero Ii
Articles by Maurer Faculty
This article is extraordinarily timely as it responds directly to new rules formulated by the Department of Education (DOE) that require law schools to gather and report upon the racial and ethnic makeup of its student body. We argue that these new rules fail to be responsive to the dramatic changes in the meaning and utility of racial and ethnic categories. In turn, such changes threaten to negatively impact individuals from communities that are both underrepresented in the nation’s law schools and victims of the longest and most extreme histories of discrimination in the U.S. Accordingly, our article explores the …
Navigating The Global Health Terrain: Mapping Global Health Diplomacy, David Fidler
Navigating The Global Health Terrain: Mapping Global Health Diplomacy, David Fidler
Articles by Maurer Faculty
This article engages in mapping thinking and practice on global health diplomacy. Increased interest in “global health diplomacy” and “health diplomacy” heightens the need for more rigorous descriptive, conceptual, analytical, and practical approaches to these phenomena. This article discusses why more rigor is needed with respect to global health diplomacy, provides a way to describe global health diplomacy that provides a foundation for further analysis, explores conceptual underpinnings of global health diplomacy to deepen the mapping exercise, and offers a simple but flexible analytical template for use in mapping different aspects of global health diplomacy. The article concludes with thoughts …
A Kind Of Judgment: Searching For Judicial Narratives After Death, Timothy W. Waters
A Kind Of Judgment: Searching For Judicial Narratives After Death, Timothy W. Waters
Articles by Maurer Faculty
Much of international criminal law's attraction rests on the 'authoritative narrative theory '--the claim that legal judgment creates incontestable narratives that serve as the foundation, or at least a baseline, for post-conflict reconciliation. So what happens when there is no judgment? This is the situation that confronted the International Criminal Tribunal for the Former Yugoslavia when its most prominent defendant, Slobodan Milosevic, died. By turning scholarship's attention towards a terminated trial, this Article develops an indirect but powerful challenge to one of the dominant views about what international criminal law is for, with interdisciplinary implications for human rights, international relations, …