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Articles 1 - 30 of 37
Full-Text Articles in Law
Opting Out Of Regulation: A Public Choice Analysis Of Contractual Choice Of Law, Erin A. O'Hara
Opting Out Of Regulation: A Public Choice Analysis Of Contractual Choice Of Law, Erin A. O'Hara
Vanderbilt Law Review
This Article uses public choice theory to analyze the function of choice-of-law clauses in contracts. Choice-of-law clauses are now quite common and are increasingly enforced, especially with the proliferation of international and Internet transactions. Because these clauses can be used by parties to avoid regulation, academics are now vigorously debating the extent to which this contractual opt out should be permitted. The Article presents a positive political theory of the interplay of legislative action and the enforcement of choice of law. It demonstrates that the important normative debate over choice of law is somewhat misguided because both sides fail to …
Racial Profiling: The Criterion Of Disproportionate Numbers, Ibpp Editor
Racial Profiling: The Criterion Of Disproportionate Numbers, Ibpp Editor
International Bulletin of Political Psychology
This article critiques a common criterion employed to identify examples of racial profiling in law enforcement.
Reclaiming The Labor Movement Through Union Dues? A Postmodern Perspective In The Mirror Of Public Choice Theory, Harry G. Hutchison
Reclaiming The Labor Movement Through Union Dues? A Postmodern Perspective In The Mirror Of Public Choice Theory, Harry G. Hutchison
University of Michigan Journal of Law Reform
The National Labor Relations Board's (NLRB) seeming powerlessness to process dues objector cases has led to a proliferation of state sponsored "paycheck protection" laws and popular referenda devised to ensure that workers will not be obliged to pay dues for non-germane purposes. Recently, California captured national attention as the site of a richly contested paycheck protection referendum. Such proposals have electrified union advocates and have enlivened the debate over the proper use of union dues. In addition, recent attempts to reform campaign finance have run aground on the thorny issue of union political contributions (both in-kind and in cash). Concurrently, …
Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes
Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes
University of Michigan Journal of Law Reform
The articles and commentaries in this Symposium are excellent points of departure for reflecting upon the advances thus far achieved in the evolution of this still very young community of scholars. The articles and commentaries that follow this brief Introduction comprise the second "free-standing" law review Symposium on LatCrit theory organized specifically in response to student interests and initiatives. The timing is fitting, for this Symposium also coincides with the fifth anniversary of LatCrit theory's emergence in the American legal academy. Since then, five annual conferences and four additional colloquia have produced, in total, nine published symposia in both mainstream …
Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush
Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush
University of Michigan Journal of Law Reform
This Symposium on nation and culture illustrates these LatCrit goals and advances them. The two main works and the commentaries on them are rich explorations and representations of the voices and concerns of LatCrit theory. This Foreword engages all the works by focusing on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a progressive methodology to analyze and detect the exclusion or silencing of myriad voices. This Part develops a LatCritical Human Rights paradigm …
Veterinary Medical Board, Michelle J. Hubbard
Veterinary Medical Board, Michelle J. Hubbard
California Regulatory Law Reporter
No abstract provided.
Bureau Of State Audits, J. D. Fellmeth
Bureau Of State Audits, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Legislative Analyst's Office, J. D. Fellmeth
Legislative Analyst's Office, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Against Centralization, Gerald E. Frug
Localism And Regionalism, Richard Briffault
Board Of Behavioral Sciences, Tasha Soroosh
Board Of Behavioral Sciences, Tasha Soroosh
California Regulatory Law Reporter
No abstract provided.
Board Of Optometry, Tatiana Rodriguez
Board Of Optometry, Tatiana Rodriguez
California Regulatory Law Reporter
No abstract provided.
Office Of Administrative Law, Tasha Soroosh
Office Of Administrative Law, Tasha Soroosh
California Regulatory Law Reporter
No abstract provided.
Department Of Corporations, Kelly Ann Debie
Department Of Corporations, Kelly Ann Debie
California Regulatory Law Reporter
No abstract provided.
Dental Board Of California, Peter Sansom
Dental Board Of California, Peter Sansom
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth
Medical Board Of California, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy, Jenny K. Li
Board Of Pharmacy, Jenny K. Li
California Regulatory Law Reporter
No abstract provided.
Board Of Podiatric Medicine, Monisha Ann Coelho
Board Of Podiatric Medicine, Monisha Ann Coelho
California Regulatory Law Reporter
No abstract provided.
Board Of Psychology, Jessica A. Neyman, J. D. Fellmeth
Board Of Psychology, Jessica A. Neyman, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Respiratory Care Board, Jessica A. Neyman, J. D. Fellmeth
Respiratory Care Board, Jessica A. Neyman, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Little Hoover Commission, Elisa D'Angelo Weichel
Little Hoover Commission, Elisa D'Angelo Weichel
California Regulatory Law Reporter
No abstract provided.
Senate Office Of Research, Elisa D'Angelo Weichel
Senate Office Of Research, Elisa D'Angelo Weichel
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, Charlotte Wilder
Board Of Registered Nursing, Charlotte Wilder
California Regulatory Law Reporter
No abstract provided.
On The Frontier Of Procedural Innovation: Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring
On The Frontier Of Procedural Innovation: Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring
Michigan Journal of International Law
This paper outlines a recent procedural innovation in the tax area, the Advance Pricing Agreement Program ("APA" program), and evaluates its success. Such a case study can play a significant role in linking procedural innovation to the broader issues of administrative law theory and regulatory reform. For example, a working model such as the APA program, built on flexibility and creativity, may support administrative theories advocating discretion, flexibility, and experimentation. Conversely, some interest group theories of regulation (e.g., public choice theory), can prompt critical examination of reforms like APAs that exhibit limited openness to scrutiny. The APA program is an …
Civil Forfeiture And The Excessive Fines Clause: Does Bajakajian Provide False Hope For Drug-Related Offenders?, Chet Little
Civil Forfeiture And The Excessive Fines Clause: Does Bajakajian Provide False Hope For Drug-Related Offenders?, Chet Little
University of Florida Journal of Law & Public Policy
No abstract provided.
Sexual Discrimination: Peer Sexual Harassment And Its Effect Under Title Ix, Jarret Raab
Sexual Discrimination: Peer Sexual Harassment And Its Effect Under Title Ix, Jarret Raab
University of Florida Journal of Law & Public Policy
No abstract provided.
Chicanas/Os, "Liberty" And Roger B. Taney, Guadalupe T. Luna
Chicanas/Os, "Liberty" And Roger B. Taney, Guadalupe T. Luna
University of Florida Journal of Law & Public Policy
No abstract provided.
Remapping The Domain Of Property In Africa, L. Amede Obiora
Remapping The Domain Of Property In Africa, L. Amede Obiora
University of Florida Journal of Law & Public Policy
No abstract provided.
The Queen, The Attorney General, And The Modern Charitable Fiduciary: A Historical Perspective On Charitable Enforcement Reform, David V. Patton
The Queen, The Attorney General, And The Modern Charitable Fiduciary: A Historical Perspective On Charitable Enforcement Reform, David V. Patton
University of Florida Journal of Law & Public Policy
No abstract provided.
Electronic Formulary Management And Medicaid: Maximizing Economic Efficiency And Quality Of Care In The Age Of Electronic Prescribing, Mark A. Buckles
Electronic Formulary Management And Medicaid: Maximizing Economic Efficiency And Quality Of Care In The Age Of Electronic Prescribing, Mark A. Buckles
University of Florida Journal of Law & Public Policy
No abstract provided.