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Full-Text Articles in Law
Preemption & The Regulatory Paradigm In The Roberts Court, Christina E. Wells, William E. Marcantel, Dave Winters
Preemption & The Regulatory Paradigm In The Roberts Court, Christina E. Wells, William E. Marcantel, Dave Winters
Faculty Publications
This short article first examines the Court's general preemption doctrine, including relevant criticisms. It then details the rise of the regulatory paradigm in the Supreme Court's cases, especially as it culminates in the Roberts Court's reliance on it. Finally, it examines potential implications of increasing reliance on that paradigm, including manipulation of preemption doctrine by judges, continued deference to agency officials' decisions to preempt, and adverse effects on individual tort plaintiffs.
Charitable Choice And The Critics, Carl H. Esbeck
Charitable Choice And The Critics, Carl H. Esbeck
Faculty Publications
First, the statute prohibits the government from discriminating with regard to religion when determining whether providers are eligible to deliver social services under these programs. Second, the statute imposes on government the duty not to intrude into the religious autonomy of faith-based providers. Third, the statute imposes on both government and participating FBOs the duty not to abridge certain rights of the ultimate beneficiaries of these programs. I will touch on these three principles below, and do so in reverse order.
Statutory Rape Law And Enforcement In The Wake Of Welfare Reform, Rigel C. Oliveri
Statutory Rape Law And Enforcement In The Wake Of Welfare Reform, Rigel C. Oliveri
Faculty Publications
The recent national efforts at reforming the welfare system and new research on the connection between teen pregnancy and statutory rape have led many states to enact stricter laws against statutory rape and to increase the enforcement of existing laws. Punitive statutory rape laws are being viewed more and more as a mechanism for shrinking the welfare rolls by reducing teen pregnancy. Rigel Oliveri documents the resurgence of statutory rape law and enforcement and explores the ramifications it will have on teen parents. In particular, Oliveri approaches the issue from several analytical frameworks, discussing arguments for consent-based standards, the privacy …
Providing An Escape For Inner-City Children: Creating A Federal Remedy For Educational Ills Of Poor Urban Schools, Amy J. Schmitz
Providing An Escape For Inner-City Children: Creating A Federal Remedy For Educational Ills Of Poor Urban Schools, Amy J. Schmitz
Faculty Publications
Children in impoverished, urban areas attend dangerous and decrepit schools, where they receive low quality education which fails to prepare them for meaningful participation in the community. Many states, however, provide no legislative or judicial remedy for these children, who desperately need vocational and educational skills to enable them to escape from the deprivation of their urban landscape. Meanwhile, federal officials speak
Defending The Low-Income Tenant In North Carolina, Dale A. Whitman
Defending The Low-Income Tenant In North Carolina, Dale A. Whitman
Faculty Publications
The low-income tenant is in a uniquely precarious position under the law. He typically holds under an oral lease, often on an implied periodic tenancy from week to week. Even where a written lease is executed, it is almost invariably on a form prepared by the landlord. The tenant has little bargaining power in today's urban housing markets; moreover, he is usually not represented by counsel and is unable to intelligently exert whatever bargaining power he may possess. The land- lord is generally a professional in the renting business, and knows well how to manipulate the legal rules for his …