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Articles 1 - 17 of 17
Full-Text Articles in Law
Courts As Auditors Of Legislation?, Daniel Pi, Giampaolo Frezza, Francesco Parisi
Courts As Auditors Of Legislation?, Daniel Pi, Giampaolo Frezza, Francesco Parisi
Law Faculty Scholarship
Sources of law vary greatly across geography and human history. Some legal systems identify democratic lawmaking with political deliberation, while others rely on judicial process and judgemade law. This Essay argues that the normative problem of determining a hierarchy of legal sources may be usefully understood in terms of mechanism design, and that legislation and judicial precedent operate complementarily. If the ultimate policy objective is to create legal rules that reflect the "will of the people," judge-made law can function as an audit on the rules promulgated by elected legislatures. The two sources of law, working in conjunction, thereby correct …
The Opioid Crisis: Lessons For Health Reform, Valarie K. Blake
The Opioid Crisis: Lessons For Health Reform, Valarie K. Blake
Law Faculty Scholarship
No abstract provided.
The New Editors: Refining First Amendment Protections For Internet Platforms, Mailyn Fidler
The New Editors: Refining First Amendment Protections For Internet Platforms, Mailyn Fidler
Law Faculty Scholarship
This Article envisions what it would look like to tailor the First Amendment editorial privilege to the multifaceted nature of the internet, just as courts have done with media in the offline world. It reviews the law of editorial judgment offline, where protections for editorial judgment are strong but not absolute, and its nascent application online. It then analyzes whether the diversity of internet platforms and their functions alter how the Constitution should be applied in this new setting. First Amendment editorial privilege, as applied to internet platforms, is often treated by courts and platforms themselves as monolithic and equally …
One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr
One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr
Law Faculty Scholarship
"One Rule of Law Project in Post-Soviet Russia" is published as Chapter 9 of the book At Home Abroad: Friendship First - A Look at Rule of Law Projects and Other International Insights, (ed. Joseph Nadeau, New York: Austin Macauley Publishers LLC, 2019). This book provides personal insights into an international cooperative effort to promote the rule of law in emerging democracies around the world. Professor Scherr's chapter examines the cultural context within a study of the rule-of-law project that was conducted between 1999 and 2004 in Vologda, Russia.
Unfit For The Constitution: Nativism And The Constitution, From The Founding Fathers To Donald Trump, Jared Goldstein
Unfit For The Constitution: Nativism And The Constitution, From The Founding Fathers To Donald Trump, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
A Legal And Policy Analysis Of Driver's Licenses For Undocumented Rhode Islanders, Deborah Gonzalez, Peter Margulies
A Legal And Policy Analysis Of Driver's Licenses For Undocumented Rhode Islanders, Deborah Gonzalez, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Up In Smoke? Unintended Consequences Of Retail Marijuana Laws For Partnerships, Lauren A. Newell
Up In Smoke? Unintended Consequences Of Retail Marijuana Laws For Partnerships, Lauren A. Newell
Law Faculty Scholarship
When Colorado citizens petitioned in 2012 to legalize the retail sale of marijuana in their state, Colorado Governor John Hickenlooper publicly opposed the ballot measure. He knew that state legalization of retail marijuana sales would be risky because the federal Controlled Substances Act makes selling marijuana a crime. He worried that being the first state to legalize retail marijuana sales would make Colorado the “experiment.” Governor Hickenlooper knew that this experiment would come with “unintended consequences.”
Governor Hickenlooper’s concerns were well founded. Scholars have identified a host of practical and legal problems caused by the combination of state marijuana legalization …
Model All-Payer Claims Database Legislation, Lucy Hodder, Jo Porter, Ashley Peters
Model All-Payer Claims Database Legislation, Lucy Hodder, Jo Porter, Ashley Peters
Law Faculty Scholarship
With support from the Gary and Mary West Health Policy Center, the APCD Council has developed model legislation guidance for states to develop all-payer claims database legislation.
Dynamic Surveillance: Evolving Procedures In Metadata And Foreign Content Collection After Snowden, Peter Margulies
Dynamic Surveillance: Evolving Procedures In Metadata And Foreign Content Collection After Snowden, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Function Over Form: Bringing The Fixation Requirement Into The Modern Era, Megan M. Carpenter, Steven Hetcher
Function Over Form: Bringing The Fixation Requirement Into The Modern Era, Megan M. Carpenter, Steven Hetcher
Law Faculty Scholarship
This Article examines the ways that contemporary creativity challenges copyright’s fixation requirement. In this Article, we identify concrete problems with the fixation requirement, both practically and in light of the fundamental purpose and policy behind copyright law, and argue for a change that would amend the fixation requirement to better function in the modern era.
Specifically, we conclude that a fair appraisal of the justifications for the fixation requirement provides little, if any, rationale for fixation except to the extent that fixation helps to separate idea from expression in determining the “metes and bounds” of creative expression. Recent case law …
Does Regulation Chill Democratic Deliberation? The Case Of Gmos, Alison Peck
Does Regulation Chill Democratic Deliberation? The Case Of Gmos, Alison Peck
Law Faculty Scholarship
Breakthroughs in science and technology pose a challenge to the U.S. legal system: either regulate under pre-existing laws using a business-as-usual approach, or pass new laws to deal with new relationships and conflicts created by these breakthroughs. How does the legal process determine when to regulate and when to legislate? Does that process adequately ensure deliberative democratic debate and implementation of democratic consensus? Does it adequately protect urgent interests in the meantime? Currently, this determination is ongoing with regard to new scientific developments such as climate change science, and new technological developments such as hydraulic fracturing of unconventional natural gas …
Bypassing Civil Gideon: A Legislative Proposal, Erin B. Corcoran
Bypassing Civil Gideon: A Legislative Proposal, Erin B. Corcoran
Law Faculty Scholarship
Eighty-four percent of immigrants appearing before immigration judges are unrepresented. Immigration judges are overwhelmed with the dual role of adjudicating cases and serving as counsel to pro se individuals appearing before them. In addition, due to the rising costs of retaining a lawyer, immigrants are turning to immigrant consultants. These incompetent and unscrupulous individuals are preying on vulnerable immigrants and engaging in the unauthorized practice of law. In addressing unmet legal needs for immigrants, most advocacy efforts for immigrants regarding the acquisition of competent representation focus on persuading the courts that immigrants appearing before an immigration judge have a constitutional …
Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran
Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran
Law Faculty Scholarship
No abstract provided.
Equitable Balancing In The Age Of Statutes, Jared Goldstein
Equitable Balancing In The Age Of Statutes, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
Statutory Caps And Judicial Review Of Damages, Colleen P. Murphy
Statutory Caps And Judicial Review Of Damages, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
The Hidden History Of The Second Amendment, Carl Bogus
The Hidden History Of The Second Amendment, Carl Bogus
Law Faculty Scholarship
No abstract provided.
Sexual Psychopath Legislation: Is There Anywhere To Go But Backwards?, Andrew Horwitz
Sexual Psychopath Legislation: Is There Anywhere To Go But Backwards?, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.