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Articles 1 - 15 of 15
Full-Text Articles in Law
Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence, Jennifer M. Haidar
Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence, Jennifer M. Haidar
Journal of Legislation
No abstract provided.
Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres
Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres
Journal of Legislation
No abstract provided.
“I’Ll Know It When I See It”: Defending The Consumer Financial Protection Bureau’S Approach Of Interpreting The Scope Of Unfair, Deceptive, Or Abusive Acts Or Practices (“Udapp”) Through Enforcement Actions, Stephen J. Canzona
Journal of Legislation
No abstract provided.
The Unconstitutionality Of The Protecting Access To Care Act Of 2017’S Cap On Noneconomic Damages In Medical Malpractice Cases, Kaeleigh P. Christie
The Unconstitutionality Of The Protecting Access To Care Act Of 2017’S Cap On Noneconomic Damages In Medical Malpractice Cases, Kaeleigh P. Christie
Journal of Legislation
No abstract provided.
There’S A Pill For That! State Law Approaches To Workplace Drug Testing Policy In The Age Of Prescription Opioids, Katie Meikle
There’S A Pill For That! State Law Approaches To Workplace Drug Testing Policy In The Age Of Prescription Opioids, Katie Meikle
Journal of Legislation
No abstract provided.
Defining 'Diversity' In Corporate Governance: A Global Survey, Askhaya Kamalnath
Defining 'Diversity' In Corporate Governance: A Global Survey, Askhaya Kamalnath
Journal of Legislation
This Article explores the connotation of the term “diversity” in the corporate governance sphere and the utility of such a connotation. To explore what the term has come to mean, this Article conducts a comparative analysis of how the term is used in the corporate governance context in the U.S., U.K., Australia, Canada, India, and Malaysia. Based on this analysis, this Article argues that the push for “diversity” (in the way it has come to be understood) on company boards needs to be re-examined and recommends that the SEC needs to define the term in accordance with its policy goals.
Reforming By Re-Norming: How The Legal System Has The Potential To Change A Toxic Culture Of Domestic Violence, Melissa L. Breger
Reforming By Re-Norming: How The Legal System Has The Potential To Change A Toxic Culture Of Domestic Violence, Melissa L. Breger
Journal of Legislation
No abstract provided.
Rejoining Moral Culpability With Criminal Liability: Reconsideration Of The Felony Murder Doctrine For The Current Time, William Bald
Rejoining Moral Culpability With Criminal Liability: Reconsideration Of The Felony Murder Doctrine For The Current Time, William Bald
Journal of Legislation
No abstract provided.
Sentencing Enhancement For Aggravating Role: The Need For The Numerosity Test As The Legal Standard For The "Otherwise Extensive" Criminal Activity Determination, Nicole Borczyk
Journal of Legislation
No abstract provided.
The Criminalization Of School Choice: Punishing The Poor For The Inequities Of Geographic School Districting, La Darien Harris
The Criminalization Of School Choice: Punishing The Poor For The Inequities Of Geographic School Districting, La Darien Harris
Journal of Legislation
No abstract provided.
Prevailing Wage Legislation And The Continuing Significance Of Race, David E. Bernstein
Prevailing Wage Legislation And The Continuing Significance Of Race, David E. Bernstein
Journal of Legislation
No abstract provided.
The Pragmatic Disappointment Of State Preemption: The 2016 Defend Trade Secrets Act And Its Failure To Protect Employee Whistleblowers From Federal Computer Crime Law, Kristine Craig
Journal of Legislation
No abstract provided.
Computationally Assisted Regulatory Participation, Michael A. Livermore, Vladimir Eidelman, Brian Grom
Computationally Assisted Regulatory Participation, Michael A. Livermore, Vladimir Eidelman, Brian Grom
Notre Dame Law Review
With the increased politicization of agency rulemaking and the reduced cost of participating in the notice-and-comment rulemaking process, administrative agencies have, in recent years, found themselves deluged in a flood of public comments. In this Article, we argue that this deluge presents both challenges and opportunities, and we explore how advances in natural language processing technologies can help agencies address the challenges and take advantage of the opportunities created by the recent growth of public participation in the regulatory process. We also examine how scholars of public bureaucracies can use this important new publicly available data to better understand how …
Qui Tam Litigation Against Government Officials: Constitutional Implications Of A Neglected History, Randy Beck
Qui Tam Litigation Against Government Officials: Constitutional Implications Of A Neglected History, Randy Beck
Notre Dame Law Review
The Supreme Court concluded twenty-five years ago, in Lujan v. Defenders of Wildlife, that uninjured private plaintiffs may not litigate “generalized grievances” about the legality of executive branch conduct. According to the Lujan Court, Congress lacked power to authorize suit by a plaintiff who could not establish some “particularized” injury from the challenged conduct. The Court believed litigation to require executive branch legal compliance, brought by an uninjured private party, is not a “case” or “controversy” within the Article III judicial power and impermissibly reassigns the President’s Article II responsibility to “take Care that the Laws be faithfully executed.” …
Illegitimate Overprescription: How Burrage V. United States Is Hindering Punishment Of Physicians And Bolstering The Opioid Epidemic, Alyssa M. Mcclure
Illegitimate Overprescription: How Burrage V. United States Is Hindering Punishment Of Physicians And Bolstering The Opioid Epidemic, Alyssa M. Mcclure
Notre Dame Law Review
Due to the concerns Burrage raises and its implications for the nation’s current opioid crisis, this Note proposes that Congress should broaden the circumstances in which the penalty enhancement of section 841(b) may be applied. Part I of this Note discusses the opioid crisis and the role physicians play in it. Part II explores the section of the Controlled Substances Act used to criminally charge physicians and the exception the Act provides for physicians prescribing opioids within the scope of relevant medical conduct and professional practice. Part III analyzes Burrage v. United States and examines the immediate legal consequences of …