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Full-Text Articles in Law

Pedestrians Under Attack, Michael Lewyn Jan 2021

Pedestrians Under Attack, Michael Lewyn

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A review of Right Of Way by Angie Schmitt


Will Zoning Fix Itself?, Michael Lewyn Jan 2021

Will Zoning Fix Itself?, Michael Lewyn

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Typically, zoning artificially limits housing supply, thus increasing housing costs. One possible defense of this system is that zoning can fix itself- that is, that when rents and housing costs become unusually high, politicians will deregulate and thus reduce housing costs. This article suggests that such a happy result is unlikely; instead, where housing costs spiral out of control, voters and politicians are likely to make regulation even more strict out of a fear of gentrification.


Rbg And Gender Discrimination, Eileen Kaufman Jan 2021

Rbg And Gender Discrimination, Eileen Kaufman

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No abstract provided.


Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town, Rodger D. Citron Jan 2021

Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town, Rodger D. Citron

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No abstract provided.


Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy Jan 2021

Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy

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No abstract provided.


Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron Jan 2021

Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron

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No abstract provided.


Maybe Law Schools Do Not Oppress Minority Faculty Women: A Critique Of Meera E. Deo’S “Unequal Profession: Race And Gender In Legal Academia” (Stanford University Press 2019), Dan Subotnik Jan 2021

Maybe Law Schools Do Not Oppress Minority Faculty Women: A Critique Of Meera E. Deo’S “Unequal Profession: Race And Gender In Legal Academia” (Stanford University Press 2019), Dan Subotnik

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No abstract provided.


A Merritt-Orious Path For Lawyer Licensing, Eileen Kaufman, Carol L. Chomsky, Andrea Anne Curcio Jan 2021

A Merritt-Orious Path For Lawyer Licensing, Eileen Kaufman, Carol L. Chomsky, Andrea Anne Curcio

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More than two decades ago, Professor Deborah Merritt turned her attention to responding to the then-proliferating efforts to raise state passing scores for the bar examination. Writing with Lowell Hargens and Barbara Reskin, two professors of sociology, Professor Merritt challenged the methodology of the studies that purported to show the need to “raise the bar.” In the process, she presciently raised broader concerns about the validity of the bar exam to assess lawyer competence and the impact of the bar exam on the diversity of the legal profession. In the years since, Professor Merritt has continued to critique the bar …


Yimby And Covid-19, Michael Lewyn Jan 2021

Yimby And Covid-19, Michael Lewyn

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Discusses whether the COVID-19 pandemic strengthens the case for the pro-housing YIMBY (Yes In My Back Yard) movement.


The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil Jan 2021

The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil

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Climate change presents a global commons problem: Emissions reductions on the scale needed to meet global targets do not pass a domestic cost-benefit test in most countries. To give national governments ample incentive to pursue deep decarbonization, mutual interstate coercion will be necessary. Many proposed tools of coercive climate diplomacy would require a one-dimensional metric for comparing the stringency of climate change mitigation policy packages across jurisdictions. This article proposes and defends such a metric: the carbon price equivalent. There is substantial variation in the set of climate change mitigation policy instruments implemented by different countries. Nonetheless, the consequences of …


Trump V. Mazars Usa, Llp: The Case Of The Chief Justice And The Congressional Subpoenas, Rodger D. Citron Jan 2021

Trump V. Mazars Usa, Llp: The Case Of The Chief Justice And The Congressional Subpoenas, Rodger D. Citron

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No abstract provided.


Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer Jan 2021

Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer

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No abstract provided.


The Slippery Discourse Of Sexual Consent: Feminist Acumen And Feminist Excess, Dan Subotnik Jan 2021

The Slippery Discourse Of Sexual Consent: Feminist Acumen And Feminist Excess, Dan Subotnik

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No abstract provided.


Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn Jan 2021

Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn

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Until the late 20th century, the most rigorously traditional Jews, haredi Jews (often referred to as “ultra-Orthodox”) tended to congregate in New York City. But as New York became more expensive and haredi population grew due to high birth rates, some haredi Jews (known collectively as “haredim”) moved to small towns and outer suburbs in search of cheaper land, sometimes creating towns dominated by haredim such as Kiryas Joel, New York and Lakewood, New Jersey. As haredi populations have continued to grow, their households now seek undeveloped land outside these enclaves. But as haredim move deeper into the countryside, zoning …


Downtown Condos For The Rich: Not All Bad, Michael Lewyn Jan 2021

Downtown Condos For The Rich: Not All Bad, Michael Lewyn

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Some new condominiums in urban neighborhoods are too expensive for anyone but the very wealthy. Buyers of these high-cost units include not only wealthy city residents, but also nonresidents who wish to use housing as an investment rather than a residence. Some commentators use this apparent fact as an argument against new market-rate housing generally; they claim that new housing will be purchased by out-of-town investors rather than used by local residents and that those investors will leave housing units empty, rather than renting them out. A related argument is that, even if market-rate condos are purchased by local residents, …


The Limits Of Equity, Michael Lewyn Jan 2021

The Limits Of Equity, Michael Lewyn

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"Equity" is a common buzzword in urban planning circles. However, nearly any land use decision can be justified as more equitable than the alternatives.


A Tribute To Professor Catherine Mahern, Lawrence Raful Jan 2021

A Tribute To Professor Catherine Mahern, Lawrence Raful

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No abstract provided.


Equality And Access To Credit: A Social Contract Framework, John Linarelli Jan 2021

Equality And Access To Credit: A Social Contract Framework, John Linarelli

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The problems governments face in regulating consumer finance fall into two categories: normative and cognitive. The normative problems have to do with the way that some governments, particularly those adhering to an American model of household finance, have financed social mobility and intergenerational welfare through debt, a tenuous and socially risky policy choice. Credit has a substantial social aspect to it in the United States, where the federal government has in some way engaged in subsidizing about 1/3 of consumer credit, particularly in the residential mortgage market, feeding into a substantial capital markets dimension through government-guaranteed securitization. Most Americans think …


Financial Inclusion, Access To Credit, And Sustainable Finance, John Linarelli, Stephen L. Schwarcz, Ignacio Tirado Jan 2021

Financial Inclusion, Access To Credit, And Sustainable Finance, John Linarelli, Stephen L. Schwarcz, Ignacio Tirado

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No abstract provided.


“Portability Of The Ube: Where Is It When You Need It And Do You Need It At All?”, Suzanne Darrow- Kleinhaus Jan 2021

“Portability Of The Ube: Where Is It When You Need It And Do You Need It At All?”, Suzanne Darrow- Kleinhaus

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No abstract provided.


Challenging Gender Discrimination In Closely Held Firms: The Hope And Hazards Of Corporate Oppression Doctrine, Meredith R. Miller Jan 2021

Challenging Gender Discrimination In Closely Held Firms: The Hope And Hazards Of Corporate Oppression Doctrine, Meredith R. Miller

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The #MeToo Movement has ushered sexual harassment out of the shadows and thrown a spotlight on the gender pay gap in the workplace. Harassment and unfair treatment have, however, been difficult to extinguish. This has been true for all workers, including partners – those women who are owners in their firms and claim that they have suffered harassment or unfair treatment based on gender. That is because a partner’s lawsuit for discrimination often will suffer an insurmountable hurdle: plaintiff’s status as a partner in the firm means that they may not be considered an “employee” under the relevant employment discrimination …


The Struggle With Basic Writing Skills, Ann Nowak Jan 2021

The Struggle With Basic Writing Skills, Ann Nowak

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No abstract provided.


Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine Jan 2021

Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine

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Rabbi Norman Lamm’s 1956 article, “The Fifth Amendment and Its Equivalent in the Halakha,” provides important lessons for scholarship in both Jewish and American law. Sixty-five years after it was published, the article remains, in many ways, a model for interdisciplinary and comparative study of Jewish law, drawing upon sources in the Jewish legal tradition, American legal history, and modern psychology. In so doing, the article proves faithful to each discipline on its own terms, producing insights that illuminate all three disciplines while respecting the internal logic within each one. In addition to many other distinctions, since its initial publication, …