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2018

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Articles 1591 - 1609 of 1609

Full-Text Articles in Law

The Original Theory Of Constitutionalism, David Singh Grewal, Jedediah Purdy Jan 2018

The Original Theory Of Constitutionalism, David Singh Grewal, Jedediah Purdy

Faculty Scholarship

The U.S. Constitution embodies a conception of democratic sovereignty that has been substantially forgotten and obscured in today’s commentary. Recovering this original idea of constitution-making shows that today’s originalism is, ironically, unfaithful to its origins in an idea of self-rule that prized both the initial ratification of fundamental law and the political community’s ongoing power to reaffirm or change it. This does not mean, however, that living constitutionalism better fits the original conception of democratic self-rule. Rather, because the Constitution itself makes amendment practically impossible, it all but shuts down the very form of democratic sovereignty that authorizes it. No …


The Hausmann-Gorky Effect, Mitu Gulati, Ugo Panizza Jan 2018

The Hausmann-Gorky Effect, Mitu Gulati, Ugo Panizza

Faculty Scholarship

For over a century, legal scholars have debated the question of what to do about the debts incurred by despotic governments; asking whether successor non-despotic governments should have to pay them. That debate has gone nowhere. This paper examines whether an Op Ed written by Harvard economist, Ricardo Hausmann, in May 2017, may have shown an alternative path to the goal of increasing the cost of borrowing for despotic governments. Hausmann, in his Op Ed, had sought to produce a pricing penalty on the entire Venezuelan debt stock by trying to shame JPMorgan into removing Venezuelan bonds from its emerging …


Bold Executive Action And False Equivalence, Stephen H. Legomsky Jan 2018

Bold Executive Action And False Equivalence, Stephen H. Legomsky

Roger Williams University Law Review

No abstract provided.


Building Multilateral Anticorruption Enforcement: Analogies Between International Trade & Anti-Bribery Law, Rachel Brewster, Christine Dryden Jan 2018

Building Multilateral Anticorruption Enforcement: Analogies Between International Trade & Anti-Bribery Law, Rachel Brewster, Christine Dryden

Faculty Scholarship

In the last twenty years, the United States government has put substantial resources behind the fight against .foreign bribery by using the Foreign Corrupt Practices Act (FCPA) to prosecute unilaterally foreign and domestic companies who engage in corruption abroad. The United States is not entirely alone in this effort, but other countries have been far less vigorous in investing resources in investigations and prosecuting cases. Because of the unilateral and extraterritorial nature of FCPA prosecutions, these cases are sometimes controversial as foreign governments resist American influence in their commercial relations.

In response to this international tension, as well as a …


No More Blood, Kerry Abrams Jan 2018

No More Blood, Kerry Abrams

Faculty Scholarship

No abstract provided.


Rural Access To Justice In The Golden State, Lisa R. Pruitt Dec 2017

Rural Access To Justice In The Golden State, Lisa R. Pruitt

Lisa R Pruitt

This working paper analyzes the rural lawyer shortage and discusses other aspects of rural access to justice in the State of California.  The paper provides detailed data on where lawyers are and are not practicing in the state.  It will be published as part of an article comparing rural access to justice in South Dakota, Minnesota, Wisconsin, Georgia and California.  


Waging War On Separate But Equal: Oliver Hill's Heroic Journey From Small Town To The Highest Court, Kathryn K. Lynch Dec 2017

Waging War On Separate But Equal: Oliver Hill's Heroic Journey From Small Town To The Highest Court, Kathryn K. Lynch

Scott T. Allison

It is incumbent upon the hero to rise above difficult circumstances to
achieve greatness. The hero's migration from the innocent childhood environment
is the first stage of Campbell’s monomyth of the hero’s journey, which
he refers to as departure (Campbell, 1949). The heroism of underdog individuals
is perhaps enhanced by the fact that no one expects much from them, and
that they choose to face challenges that threatened to destroy them so that
others may lead better lives in the future. It is often the case that heroes with
the most ordinary of beginnings go on to accomplish the most …


Super Problems In Superstar Cities, Michael Lewyn, Beth Gazes Dec 2017

Super Problems In Superstar Cities, Michael Lewyn, Beth Gazes

Michael E Lewyn

Review of Richard Florida's The New Urban Crisis


Syllabus Cpo 3103 (Rvbb): Politics Of Western Europe (Summer B 2018) Dec 2017

Syllabus Cpo 3103 (Rvbb): Politics Of Western Europe (Summer B 2018)

Dr. Lukas K. Danner

No abstract provided.


Engineering Standards In Highway Design Litigation, Michael Lewyn Dec 2017

Engineering Standards In Highway Design Litigation, Michael Lewyn

Michael E Lewyn

Highway engineers sometimes believe that if they redesign streets to improve pedestrian safety (for example, by introducing traffic calming techniques) they might be successfully sued for negligent design by motorists. This chapter suggests that in such situations, governments are likely to be protected by discretionary function immunity. In addition, the chapter discusses a variety of technical issues.


2018 July-December Market Urbanism Blog Posts, Michael Lewyn Dec 2017

2018 July-December Market Urbanism Blog Posts, Michael Lewyn

Michael E Lewyn

Posts at marketurbanism.com


Annual Report Of The Indiana Universiy Maurer School Of Law Digital Repository, 2017/18, Richard Vaughan Dec 2017

Annual Report Of The Indiana Universiy Maurer School Of Law Digital Repository, 2017/18, Richard Vaughan

Richard Vaughan

A brief annual report documenting the use and growth of the Indiana University Maurer School of Law, Jerome Hall Law Library, Digital Repository. Includes lists of the most downloaded documents and attached Excel spreadsheets of data.


Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt , Amanda L. Kool, Lauren Sudeall Lucas, Michele Statz, Danielle M. Conway, Hannah Haksgaard Dec 2017

Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt , Amanda L. Kool, Lauren Sudeall Lucas, Michele Statz, Danielle M. Conway, Hannah Haksgaard

Lisa R Pruitt

Rural America faces an increasingly dire access-to-justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of that crisis is the dearth of information and research regarding the extent of the problem and its impacts. This article begins to fill that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, the article …


Engineering Standards In Highway Design Litigation, Michael Lewyn Dec 2017

Engineering Standards In Highway Design Litigation, Michael Lewyn

Michael E Lewyn

Chapter in "Engineering Standards for Forensic Application." (coauthored) Focuses on soveriegn immunity for highway designers.


Beyond The Walls: The Importance Of Community Contexts In Immigration Detention, Emily Ryo, Ian Peacock Dec 2017

Beyond The Walls: The Importance Of Community Contexts In Immigration Detention, Emily Ryo, Ian Peacock

Emily Ryo

Immigration detention facilities are commonly assumed to be insulated microcosms that maintain their existence separate and apart from the surrounding communities.  Yet, detention facilities are not hermetically sealed institutions.  Drawing on unique and comprehensive data pertaining to all individuals held in immigration detention in the United States in fiscal year 2015, this study explores for the first time the importance of community contexts in immigration detention.  Our multivariate analyses show a significant relationship between the characteristics of communities in which the facilities are located and detention length for individuals who were released pending the completion of their removal proceedings.  Specifically, …


Predicting Danger In Immigration Courts, Emily Ryo Dec 2017

Predicting Danger In Immigration Courts, Emily Ryo

Emily Ryo

Every year, the US government detains thousands of noncitizens in removal proceedings on the basis that they might pose a threat to public safety if released during the pendency of their removal proceedings. Using original audio recording data on immigration bond hearings, this study examines immigration judges’ determinations regarding which noncitizens pose a danger to the community. My multivariate analysis that controls for a variety of detainee background characteristics and criminal conviction-related measures produced three main findings. First, I find that Central Americans are more likely to be deemed dangerous than non-Central Americans. Second, I find that detainees with attorneys …


Representing Immigrants: The Role Of Lawyers In Immigration Bond Hearings, Emily Ryo Dec 2017

Representing Immigrants: The Role Of Lawyers In Immigration Bond Hearings, Emily Ryo

Emily Ryo

Do immigration lawyers matter, and if so, how? Drawing on a rich source of audio recording data, this study addresses these questions in the context of U.S. immigration bond hearings—a critical stage in the removal process for noncitizens who have been apprehended by U.S. immigration officials. First, my regression analysis using a matched sample of legally represented and unrepresented detainees shows that represented detainees have significantly higher odds of being granted bond. Second, I explore whether legal representation affects judicial efficiency and find no evidence of such a relationship. Third, I examine procedural and substantive differences between represented and unrepresented …


The Relevance Of Fatf’S Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles Dec 2017

The Relevance Of Fatf’S Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles

Laurel S. Terry

More than two hundred countries in the world have agreed to abide by the anti-money laundering (“AML”) recommendations developed by the Financial Action Task Force (“FATF”), which is an intergovernmental organization. This Article focuses on the potential impact on the legal profession of FATF’s fourth round of mutual evaluations. During these mutual evaluations, which currently are underway, FATF-affiliated countries examine each other’s compliance with the FATF Recommendations and recommend follow-up action. This Article first presents the legal profession-related results from the completed Mutual Evaluation Reports, including case studies from Australia, Canada, and the United States regarding legal profession preparation for …


"Racial Exclusion And Death Penalty Juries: Can Death Penalty Juries Ever Be Representative?", Noelle Nasif, Shyam Sriram, Eric Ran Smith Dec 2017

"Racial Exclusion And Death Penalty Juries: Can Death Penalty Juries Ever Be Representative?", Noelle Nasif, Shyam Sriram, Eric Ran Smith

Shyam K. Sriram (ssriram@butler.edu)

No abstract provided.