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Articles 1 - 30 of 43
Full-Text Articles in Law
Cyber Plungers: Colonial Pipeline And The Case For An Omnibus Cybersecurity Legislation, Asaf Lubin
Cyber Plungers: Colonial Pipeline And The Case For An Omnibus Cybersecurity Legislation, Asaf Lubin
Articles by Maurer Faculty
The May 2021 ransomware attack on Colonial Pipeline was a wake-up call for a federal administration slow to realize the dangers that cybersecurity threats pose to our critical national infrastructure. The attack forced hundreds of thousands of Americans along the east coast to stand in endless lines for gas, spiking both prices and public fears. These stressors on our economy and supply chains triggered emergency proclamations in four states, including Georgia. That a single cyberattack could lead to a national emergency of this magnitude was seen by many as proof of even more crippling threats to come. Executive Director of …
The Games They Will Play: Tax Games, Roadblocks, And Glitches Under The 2017 Tax Legislation, David Gamage, David Kamin
The Games They Will Play: Tax Games, Roadblocks, And Glitches Under The 2017 Tax Legislation, David Gamage, David Kamin
Articles by Maurer Faculty
The 2017 tax legislation brought sweeping changes to the rules for taxing individuals and business, the deductibility of state and local taxes, and the international tax regime. The complex legislation was drafted and passed through a rushed and secretive process intended to limit public comment on one of the most consequential pieces of domestic policy enacted in recent history. This Article is an effort to supply the analysis and deliberation that should have accompanied the bill’s consideration and passage and describes key problem areas in the new legislation. Many of the new changes fundamentally undermine the integrity of the tax …
Making Sausage: What, Why And How To Teach About Legislative Process In A Legislation Or Leg-Reg Course, Deborah A. Widiss
Making Sausage: What, Why And How To Teach About Legislative Process In A Legislation Or Leg-Reg Course, Deborah A. Widiss
Articles by Maurer Faculty
Although a rapidly growing number of law schools require students to take a course on legislation, many of these courses teach very little about how laws are actually enacted. This essay, written for a special issue of the Journal of Legal Education, argues that study of the legislative process helps students interpret and apply statutory language.
The essay surveys existing text books and supplemental resources that could be easily integrated into a Leg-Reg or Legislation class to explain modern Congressional procedure. The focus is the multiple distinct paths that bills may take through a legislative body and the written …
The Future Of Section 2 Of The Voting Rights Act In The Hands Of A Conservative Court, Luis Fuentes-Rohwer
The Future Of Section 2 Of The Voting Rights Act In The Hands Of A Conservative Court, Luis Fuentes-Rohwer
Articles by Maurer Faculty
This Essay argues that the future of the majority-minority district is in peril, as a conservative majority on the Court stands poised to strike down section 2 of the Voting Rights Act. When the Court takes up the constitutionality of Section 2, binding precedent will play a secondary role at best. Instead, the Justices’ policy goals and ideological preferences - namely, their personal disdain for the use of race in public life - will guide the Court’s conclusion. In this vein, Justice Kennedy holds the fate of the Act in his hands. To be clear, this Essay is not trying …
Database Protection In The United States Is Alive And Well: Comments On Davison, Marshall A. Leaffer
Database Protection In The United States Is Alive And Well: Comments On Davison, Marshall A. Leaffer
Articles by Maurer Faculty
No abstract provided.
Why Kelo Is Not Good News For Local Planners And Developers, Daniel H. Cole
Why Kelo Is Not Good News For Local Planners And Developers, Daniel H. Cole
Articles by Maurer Faculty
When the Supreme Court announced its 2005 decision in Kelo v. City of New London, few legal scholars were surprised at the outcome, which was premised on precedents extending back to the middle of the 19th century. Legal scholars were surprised, however, by the intense political reaction to Kelo (fueled substantially by Justice O'Connor's hyperbolic dissent), as property-rights advocates, legislators (at all levels of government), and media pundits assailed the ruling as a death knell for private property rights in America.
Kelo's combination of relative legal insignificance and high political salience makes it an interesting case study in cross-institutional dynamics, …
Patent Abolitionism, Mark D. Janis
Patent Abolitionism, Mark D. Janis
Articles by Maurer Faculty
In this Article, Professor Janis argues that modem enthusiasm for large-scale legislative reforms in patent law should be received with caution in view of the history of patent law reform. That history suggests that patent law is more resilient--or perhaps more impervious to change-than modem reformers recognize. To explore these propositions, Professor Janis analyzes the history of the mid-Victorian era British patent abolitionism movement. He demonstrates that much of the reform dialogue of that era, from the elucidation of major problems in the patent system, to the formulation of legislative solutions, mirrors quite closely the modem U.S. patent reform debate. …
The Dynamic Judicial Opinion, William D. Popkin
The Dynamic Judicial Opinion, William D. Popkin
Articles by Maurer Faculty
Eskridge's article on Dynamic Statutory Interpretation advances an aggressively pragmatic theory of interpretation but has had more influence among academics than judges because of a failure to attend to the problems of writing a candid, pragmatic and dynamic judicial opinion. This article argues that, although not free from doubt, a candid judicial opinion is preferable, and discusses how to write such an opinion - suggesting that judges rely on the "intent of the statute," not legislative intent; and adopt a personal/exploratory style in presenting their views.
Inter Partes Patent Reexamination, Mark D. Janis
Inter Partes Patent Reexamination, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
United States V. Mcgoff: Can Lawyers Be Taught How To Read Statutes, Reed Dickerson
United States V. Mcgoff: Can Lawyers Be Taught How To Read Statutes, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson
Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson
Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson
Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Clear Legal Drafting: What's Holding Us Back?, F. Reed Dickerson
Clear Legal Drafting: What's Holding Us Back?, F. Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Legislative Process And Drafting In U.S. Law Schools: A Close Look At The Lammers Report, Reed Dickerson
Legislative Process And Drafting In U.S. Law Schools: A Close Look At The Lammers Report, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Limiting Conglomerate Mergers: The Need For Legislation, Joseph F. Brodley
Limiting Conglomerate Mergers: The Need For Legislation, Joseph F. Brodley
Articles by Maurer Faculty
No abstract provided.
Teaching Legal Writing In The Law Schools (With A Special Nod To Legal Drafting), Reed Dickerson
Teaching Legal Writing In The Law Schools (With A Special Nod To Legal Drafting), Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Book Review. Dale, William, Legislative Drafting: A New Approach, Reed Dickerson
Book Review. Dale, William, Legislative Drafting: A New Approach, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Legal Drafting: Writing As Thinking, Or, Talk-Back From Your Draft And How To Exploit It, Reed Dickerson
Legal Drafting: Writing As Thinking, Or, Talk-Back From Your Draft And How To Exploit It, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Seminar On Legal Drafting Raises Questions On Teaching, Reed Dickerson
Seminar On Legal Drafting Raises Questions On Teaching, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Book Review. Federal Environmental Law (E. Dolgin And T. Guilbert, Eds.), A. Dan Tarlock
Book Review. Federal Environmental Law (E. Dolgin And T. Guilbert, Eds.), A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.
Professionalizing Legislative Drafting: A Realistic Goal?, Reed Dickerson
Professionalizing Legislative Drafting: A Realistic Goal?, Reed Dickerson
Articles by Maurer Faculty
The teaching of skills that result in sound legislative drafting is neglected in law schools, and professionalism in legislative drafting is lacking on both the federal and state fronts. With the adoption by the American Bar Association of seven major principles relating to the drafting of federal legislation, perhaps there is more hope now that there will be a move toward professionalism.
The Catholic University Study Of Federal Legislative Drafting In The Executive Branch: A Foreword, Reed Dickerson
The Catholic University Study Of Federal Legislative Drafting In The Executive Branch: A Foreword, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation: The Uses And Anatomy Of Context, Reed Dickerson
Statutory Interpretation: The Uses And Anatomy Of Context, Reed Dickerson
Articles by Maurer Faculty
Every communication that is generated by a written instrument consists of two elements which must be considered in arriving at the meaning of the communication. Those elements are: (1) the written vehicle itself, and (2) its surrounding context. The surrounding context which thus completes the communication consists only of those underlying cultural aspects which, when considered in relation to the written vehicle, are: (1) relevant to the written vehicle, (2) reliable, (3) shared by the author and the audience, and (4) relied on by both author and audience to complete the communication. The author suggests that those cultural elements which …
Address On Consumer Credit Protection Legislation, William J. Pierce
Address On Consumer Credit Protection Legislation, William J. Pierce
Addison Harris Lecture
No abstract provided.
One Approach To Teaching Legal Drafting, Reed Dickerson
One Approach To Teaching Legal Drafting, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation: Core Meaning And Marginal Uncertainty, Reed Dickerson
Statutory Interpretation: Core Meaning And Marginal Uncertainty, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
The Diseases Of Legislative Language, Reed Dickerson
The Diseases Of Legislative Language, Reed Dickerson
Articles by Maurer Faculty
In this article Professor Dickerson examines some of the most basic problems facing the legislative draftsman in his attempt to obtain clarity in statutes. He discusses the "diseases" of ambiguity, over-vagueness, over-precision, over- and under-generality and obesity, and distinguishes them from useful devices with which they are often confused.
The Difficult Choice Between "And" And "Or", Reed Dickerson
The Difficult Choice Between "And" And "Or", Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Legislative Drafting In London And In Washington, Reed Dickerson
Legislative Drafting In London And In Washington, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.