Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Dispute Resolution and Arbitration (5)
- Securities Law (5)
- Commercial Law (4)
- Law Enforcement and Corrections (4)
- Legislation (4)
-
- Privacy Law (4)
- Banking and Finance Law (3)
- Civil Rights and Discrimination (3)
- Conflict of Laws (3)
- Fourth Amendment (3)
- Health Law and Policy (3)
- Human Rights Law (3)
- Immigration Law (3)
- Legal Education (3)
- Social and Behavioral Sciences (3)
- Business Organizations Law (2)
- Civil Law (2)
- Constitutional Law (2)
- Consumer Protection Law (2)
- Criminal Law (2)
- European Law (2)
- Indigenous, Indian, and Aboriginal Law (2)
- Intellectual Property Law (2)
- International Humanitarian Law (2)
- International Law (2)
- International and Area Studies (2)
- Law and Economics (2)
- Law and Society (2)
- Legal Profession (2)
- Institution
-
- University of Michigan Law School (7)
- Roger Williams University (6)
- Singapore Management University (4)
- Saint Louis University School of Law (2)
- University of Georgia School of Law (2)
-
- University of New Mexico (2)
- Barry University School of Law (1)
- Brooklyn Law School (1)
- George Washington University Law School (1)
- Liberty University (1)
- Loyola University Chicago, School of Law (1)
- Marquette University Law School (1)
- Maurer School of Law: Indiana University (1)
- Notre Dame Law School (1)
- Osgoode Hall Law School of York University (1)
- SJ Quinney College of Law, University of Utah (1)
- Selected Works (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Colorado Law School (1)
- University of Florida Levin College of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Richmond (1)
- Vanderbilt University Law School (1)
- Publication
-
- Research Collection Yong Pung How School Of Law (4)
- School of Law Conferences, Lectures & Events (4)
- Life of the Law School (1993- ) (2)
- Michigan Journal of International Law (2)
- Michigan Law Review (2)
-
- Native American Water Rights Settlement Project (2)
- Saint Louis University Journal of Health Law & Policy (2)
- All Faculty Scholarship (1)
- Articles (1)
- Books, Reports, and Studies (1)
- Brooklyn Journal of Corporate, Financial & Commercial Law (1)
- Faculty Publications & Other Works (1)
- Faculty Scholarship (1)
- GW Law Faculty Publications & Other Works (1)
- Georgia Journal of International & Comparative Law (1)
- Indiana Journal of Law and Social Equality (1)
- Journal Articles (1)
- Journal of Intellectual Property Law (1)
- Marquette Law Review (1)
- Michigan Journal of Environmental & Administrative Law (1)
- Michigan Journal of Race and Law (1)
- PhD Dissertations (1)
- Scholarly Works (1)
- Senior Honors Theses (1)
- UF Law Faculty Publications (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Richmond Law Review (1)
- Utah Law Faculty Scholarship (1)
- Vanderbilt Law School Faculty Publications (1)
- Veronica Root (1)
- Publication Type
Articles 1 - 30 of 41
Full-Text Articles in Law
Awards Of The Maritime Arbitration Commission, G. A. Maslov
Awards Of The Maritime Arbitration Commission, G. A. Maslov
Georgia Journal of International & Comparative Law
No abstract provided.
Choctaw Nation Of Oklahoma And The Chickasaw Nation Water Settlement, United States 114th Congress
Choctaw Nation Of Oklahoma And The Chickasaw Nation Water Settlement, United States 114th Congress
Native American Water Rights Settlement Project
Federal Legislation; Parties: Choctaw Nation of Oklahoma, Chickasaw Nation, City of Oklahoma City, Oklahoma, United States. Purposes, pp 169-170; Definitions, pp. 170-2; Approval of Settlement Agreement, pp. 172-3; Approval of Amended Storage Contract & 1974 Storage Contract, pp.173-5; Settlement Area Waters, pp. 175-7; City Permit for Appropriation of Surface Water from the Kiamichi River, p. 177; Settlement Commission, pp. 177-8; Waivers and Releases of Claims, pp. 178-183; Enforceability Date, pp. 183-5; Jurisdiction, Waivers of Immunity for Interpretation and Enforcement, pp. 185-6; Disclaimers, pp. 186-7. [Source: Government Printing Office http://www.gpo.gov]
State-Action Immunity And Section 5 Of The Ftc Act, Daniel A. Crane, Adam Hester
State-Action Immunity And Section 5 Of The Ftc Act, Daniel A. Crane, Adam Hester
Michigan Law Review
The state-action immunity doctrine of Parker v. Brown immunizes anticompetitive state regulations from preemption by federal antitrust law so long as the state takes conspicuous ownership of its anticompetitive policy. In its 1943 Parker decision, the Supreme Court justified this doctrine, observing that no evidence of a congressional will to preempt state law appears in the Sherman Act’s legislative history or context. In addition, commentators generally assume that the New Deal court was anxious to avoid re-entangling the federal judiciary in Lochner-style substantive due process analysis. The Supreme Court has observed, without deciding, that the Federal Trade Commission might …
Establishing Best Billing Practices Through Billing Guidelines: Fostering Trust And Transparency On Legal Costs, Laura Johnson, Howard Tollin, Marci Waterman, Sarah Mills-Dirlam
Establishing Best Billing Practices Through Billing Guidelines: Fostering Trust And Transparency On Legal Costs, Laura Johnson, Howard Tollin, Marci Waterman, Sarah Mills-Dirlam
University of Arkansas at Little Rock Law Review
No abstract provided.
Pushing An End To Sanctuary Cities: Will It Happen?, Raina Bhatt
Pushing An End To Sanctuary Cities: Will It Happen?, Raina Bhatt
Michigan Journal of Race and Law
Sanctuary jurisdictions refer to city, town, and state governments (collectively, localities or local governments) that have passed provisions to limit their enforcement of federal immigration laws. Such local governments execute limiting provisions in order to bolster community cooperation, prevent racial discrimination, focus on local priorities for enforcement, or even to a show a local policy that differs from federal policy. The provisions are in the forms of executive orders, municipal ordinances, and state resolutions. Additionally, the scope of the provisions vary by locality: some prohibit law enforcement from asking about immigration status, while others prohibit the use of state resources …
The Deepwater Horizon Oil Spill Litigation: Proof Of Concept For The Manual For Complex Litigation And The 2015 Amendments To The Federal Rules Of Civil Procedure, John C. Cruden, Steve O'Rourke, Sarah D. Himmelhoch
The Deepwater Horizon Oil Spill Litigation: Proof Of Concept For The Manual For Complex Litigation And The 2015 Amendments To The Federal Rules Of Civil Procedure, John C. Cruden, Steve O'Rourke, Sarah D. Himmelhoch
Michigan Journal of Environmental & Administrative Law
On April 20, 2010, the oil rig Deepwater Horizon exploded in the Gulf of Mexico, killing eleven people and injuring seventeen more. Efforts to stop the spill failed. For the next eighty-seven days, hundreds of millions of barrels of oil poured into the Gulf. This catastrophe not only changed the lives of the families of the dead and injured and the communities who experienced the economic and social disruption of the spill – it challenged the survival of the ecosystem of the ninth largest water body in the world. The oil spill extended fifty miles offshore from Louisiana in the …
The 5th Annual Professor Anthony J. Santoro Business Law Lecture: Enforcing Insider Trading Laws: The Changing Landscape, Stephen L. Cohen, Roger Williams University School Of Law
The 5th Annual Professor Anthony J. Santoro Business Law Lecture: Enforcing Insider Trading Laws: The Changing Landscape, Stephen L. Cohen, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Newsroom: A Changing Landscape: Insider Trading Law 09/20/2016, Roger Williams University School Of Law
Newsroom: A Changing Landscape: Insider Trading Law 09/20/2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Surviving The Storm 2016: Employee Benefit Compliance & Employment Law Update, George Thompson, Brooks R. Magratten, Mark A. Pogue, Kelli Viera, Cecily Banks, Roger Williams University School Of Law
Surviving The Storm 2016: Employee Benefit Compliance & Employment Law Update, George Thompson, Brooks R. Magratten, Mark A. Pogue, Kelli Viera, Cecily Banks, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Uncitral And The Enforceability Of Imsas: The Debate Heats Up, Nadja Alexander, Anna Luisa Howard, Dorcas Quek Anderson
Uncitral And The Enforceability Of Imsas: The Debate Heats Up, Nadja Alexander, Anna Luisa Howard, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This is a first of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, …
Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 2, Dorcas Quek Anderson, Nadja Alexander, Anna Howard
Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 2, Dorcas Quek Anderson, Nadja Alexander, Anna Howard
Research Collection Yong Pung How School Of Law
This is the second of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, …
Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 3, Dorcas Quek Anderson, Nadja Alexander, Anna Howard
Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 3, Dorcas Quek Anderson, Nadja Alexander, Anna Howard
Research Collection Yong Pung How School Of Law
This is the third of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, …
18th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2016, Department Of Attorney General, State Of Rhode Island
18th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2016, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Modern-Day Monitorships, Veronica Root
Modern-Day Monitorships, Veronica Root
Veronica Root
When a sexual abuse scandal rocked Penn State, when Apple engaged in anticompetitive behavior, and when servicers like Bank of America improperly foreclosed upon hundreds of thousands of homeowners, each organization entered into a Modern-Day Monitorship. Modern-Day Monitorships are utilized in an array of contexts to assist in widely varying remediation efforts. They provide outsiders a unique source of information about the efficacy of the tarnished organization’s efforts to remediate misconduct. Yet despite their use in high-profile and serious matters of organizational wrongdoing, they are not an outgrowth of careful study and deliberate planning. Instead, Modern-Day Monitorships have been employed …
Newsroom: Goldstein On Drug Databases 6-27-2016, Sheri Qualters, Roger Williams University School Of Law
Newsroom: Goldstein On Drug Databases 6-27-2016, Sheri Qualters, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Consumer Financial Protection Bureau Law Enforcement: An Empirical Review, Christopher L. Peterson
Consumer Financial Protection Bureau Law Enforcement: An Empirical Review, Christopher L. Peterson
Utah Law Faculty Scholarship
In the aftermath of the U.S. financial crisis, Congress created a new federal agency — the Consumer Financial Protection Bureau (CFPB) — with the goal of fashioning a more just and efficient American consumer finance market. The CFPB now serves as the U.S. Government’s primary regulator and civil law enforcement agency governing consumer lending, payment systems, debt collection, and other consumer financial services. In its first four years of enforcing federal consumer protection laws, the CFPB has announced over a hundred different law enforcement cases forcing banks and other financial companies to relinquish over $11 billion in customer refunds, forgiven …
Sine Qua Non: Trademark Infringement, Likelihood Of Confusion, And The Business Of Collegiate Licensing, C. Knox Withers
Sine Qua Non: Trademark Infringement, Likelihood Of Confusion, And The Business Of Collegiate Licensing, C. Knox Withers
Journal of Intellectual Property Law
No abstract provided.
Less Lethal Weapons: An Effectiveness Analysis, Timothy R. Kjellman
Less Lethal Weapons: An Effectiveness Analysis, Timothy R. Kjellman
Senior Honors Theses
Less-lethal weapons have been effective at saving lives by providing police an option for defense or apprehension that does not involve a firearm. However, not all less-lethal weapons are created equal, and careful planning with a solid base of research must be done to insure that officers are prepared for every circumstance. The purpose of this study is to analyze the current information about less-lethal weapons and create a comprehensive breakdown of their strengths and weaknesses. This will include current statistics on the most common less-lethal weapons, as well as insight from scholarly sources. The strengths and weaknesses of a …
13th Annual Diversity Symposium Dinner 04-07-2016, Roger Williams University School Of Law
13th Annual Diversity Symposium Dinner 04-07-2016, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
The European Union's Human Rights Obligations Towards Distant Strangers, Aravind Ganesh
The European Union's Human Rights Obligations Towards Distant Strangers, Aravind Ganesh
Michigan Journal of International Law
Section I begins by setting out certain provisions added by the Lisbon Treaty requiring the European Union to promote human rights, democracy, and the rule of law in all its “relations with the wider world.” Section II then recounts a recent interpretation of these provisions, which understands them primarily as mandating compliance with international law, and thus largely denies extraterritorial human rights obligations to protect. While the fundamentals of this “compliance” reading are correct, Section III demonstrates that the notion of international law involved here entertains an expansive view of prescriptive jurisdiction, that is, a political institution’s authority to prescribe …
Expressive Law And The Americans With Disabilities Act, Alex C. Geisinger, Michael Ashley Stein
Expressive Law And The Americans With Disabilities Act, Alex C. Geisinger, Michael Ashley Stein
Michigan Law Review
The question of why people follow the law has long been a subject of scholarly consideration. Prevailing accounts of how law changes behavior coalesce around two major themes: legitimacy and deterrence. Advocates of legitimacy argue that law is obeyed when it is created through a legitimate process and its substance comports with community mores. Others emphasize deterrence, particularly those who subscribe to law-and-economics theories. These scholars argue that law makes certain socially undesirable behaviors more costly, and thus individuals are less likely to undertake them.
Partial Final Judgment And Decree Of The Water Rights Of The Pueblos Of Nambé, Pojoaque, San Ildefonso, And Tesuque, Usdc, Dcnm
Native American Water Rights Settlement Project
Court Decree: Partial Final Judgment and Decree of the Water Rights of the Pueblos of Nambé, Pojoaque, San Ildefonso, and Tesuque
Parties: Pueblos of Nambé, Pojoaque, San Ildefonso, Tesuque.
Contents: Approval of Settlement Agreement p. 2; Acquired Water Rights p. 3; Nambé Water Rights p. 3; Pojoaque Water Rights p. 5; Tesuque Water Rights p. 7; San Ildefonso Water Rights p.9; Limitations p. 11; Enforcement, Administration, Held in Trust p. 12.
Attachments: Attachment 1, p. 13: Nambé irrigation uses, domestic, community, commercial and industrial uses, livestock uses; Attachment 2, p. 25: Pojoaque irrigation uses, domestic, community, commercial and industrial …
Sec Investigations And Securities Class Actions: An Empirical Comparison, Stephen J. Choi, Adam C. Pritchard
Sec Investigations And Securities Class Actions: An Empirical Comparison, Stephen J. Choi, Adam C. Pritchard
Articles
Using actions with both an SEC investigation and a class action as our baseline, we compare the targeting of SEC-only investigations with class-action-only lawsuits. Looking at measures of information asymmetry, we find that investors in the market perceive greater information asymmetry following the public announcement of the underlying violation for class-action-only lawsuits compared with SEC-only investigations. Turning to sanctions, we find that the incidence of top officer resignation is greater for class-action-only lawsuits relative to SEC-only investigations. Our findings are consistent with the private enforcement targeting disclosure violations at least as precisely as (if not more so than) SEC enforcement.
When Insider Trading And Market Manipulation Cross Jurisdictions: What Are The Challenges For Securities Regulators And How Can They Best Preserve The Integrity Of Markets?, Janet Elizabeth Austin
When Insider Trading And Market Manipulation Cross Jurisdictions: What Are The Challenges For Securities Regulators And How Can They Best Preserve The Integrity Of Markets?, Janet Elizabeth Austin
PhD Dissertations
Over the last few decades world securities markets have become significantly more sophisticated in terms of how securities are traded as well as the variety of securities traded. My hypothesis is that the ability of securities regulators to take enforcement action against market abuse has not kept pace with the level of sophistication of the markets and, in particular, the way in which trading can take place across borders and the manner in which market related information can spread rapidly across the world. I argue that that regulators need to do more to protect the integrity of the markets by …
Antitrust Enforcement Against Pharmaceutical Product Hopping: Protecting Consumers Or Reaching Too Far?, Tyler J. Klein
Antitrust Enforcement Against Pharmaceutical Product Hopping: Protecting Consumers Or Reaching Too Far?, Tyler J. Klein
Saint Louis University Journal of Health Law & Policy
Pharmaceutical drugs are the backbone of modern medicine, which makes the continued development of new drugs essential and puts many lives in the hands of the brand-name pharmaceutical companies that develop these new treatments. Currently, antitrust litigation is being used to strike a balance between the innovator’s right to earn a profit and the need for generic drug companies to make these drugs available to the masses that need them. Antitrust law stops brand-name companies from taking over the market and excluding generics, but it should not be used to impose harsh remedies that restrict the thing that we all …
Ambivalent Enforcement: International Humanitarian Law At Human Rights Tribunals, Shana Tabak
Ambivalent Enforcement: International Humanitarian Law At Human Rights Tribunals, Shana Tabak
Michigan Journal of International Law
In addition to exploring the limitations of the Inter-American System’s jurisdictional capacity to adjudicate issues of IHL, this Article examines Inter-American jurisprudence in light of recent scholarly conversations regarding the relevance of the principle of lex specialis, which seeks to guide tribunals when two bodies of law may apply simultaneously, by providing for the prioritization of a specialized body of law over a general one. This concept, first articulated by the International Court of Justice (ICJ) in the Nuclear Weapons case, has proven to be the source of much scholarly consternation. As a means of addressing problems arising from …
Foreclosure Mediation As An Enforcement Mechanism, Stacey Tutt
Foreclosure Mediation As An Enforcement Mechanism, Stacey Tutt
Indiana Journal of Law and Social Equality
No abstract provided.
Pin The Tail On The Donkey: Beneficiary Enforcement Of The Medicaid Act Over Time, Jane Perkins
Pin The Tail On The Donkey: Beneficiary Enforcement Of The Medicaid Act Over Time, Jane Perkins
Saint Louis University Journal of Health Law & Policy
During the twentieth century, Congress enacted legislation designed to improve the lives of low-income Americans. A number of these laws were enacted by Congress pursuant to the Constitution’s Spending Clause, including the Medicaid Act, which entitles certain low-income individuals to publicly funded health insurance coverage. As enacted in 1965, the Medicaid Act did not include a provision authorizing the statute’s beneficiaries to bring private enforcement actions in court. Since the early 1970s, however, program beneficiaries relied upon the Constitution’s Supremacy Clause or, more frequently, 42 U.S.C. § 1983 for the cause of action allowing them to obtain relief in court. …
Colorado Acequia Handbook: Water Rights And Governance Guide For Colorado's Acequias, Jens Jensen, Peter D. Nichols, Ryan Golten, Sarah Krakoff, Sarah Parmar, Karl Kumli, Jesse Heibel, Blake Busse, Karoline Garren, Julia Guarino, Megan Gutwein, Cori Hach, Melissa S. Jensen, Shannon Liston, Gunnar Paulsen, Nate Miller, John R. Sherman, Dan Weiss, Michael Weissman, Emily Neiley, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Gates Family Foundation, Rocky Mountain Mineral Law Foundation, Sangre De Cristo National Heritage Area, Sangre De Cristo Acequia Association, Colorado Open Lands
Colorado Acequia Handbook: Water Rights And Governance Guide For Colorado's Acequias, Jens Jensen, Peter D. Nichols, Ryan Golten, Sarah Krakoff, Sarah Parmar, Karl Kumli, Jesse Heibel, Blake Busse, Karoline Garren, Julia Guarino, Megan Gutwein, Cori Hach, Melissa S. Jensen, Shannon Liston, Gunnar Paulsen, Nate Miller, John R. Sherman, Dan Weiss, Michael Weissman, Emily Neiley, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Gates Family Foundation, Rocky Mountain Mineral Law Foundation, Sangre De Cristo National Heritage Area, Sangre De Cristo Acequia Association, Colorado Open Lands
Books, Reports, and Studies
51 pages (includes 1 color map)
Introduction -- Definitions -- Water rights -- Change of water right -- Transfers of water rights -- Water sharing agreements -- Losing your water rights ("use it or lose it") -- Preventing the transfer of water out of the acequia -- Conservation easements -- Governing the acequia -- Assessments -- Easements -- Enforcement -- Tort liability -- Water quality -- The Rio Grande Compact -- Main government water entities -- Where can an acequia get legal assistance? -- Appendix I. Water rights : frequently asked questions -- Appendix II. Acequia bylaws : frequently asked …
Dear I.R.S., It Is Time To Enforce The Campaigning Prohibition. Even Against Churches, Samuel Brunson
Dear I.R.S., It Is Time To Enforce The Campaigning Prohibition. Even Against Churches, Samuel Brunson
Faculty Publications & Other Works
In 1954, Congress prohibited tax-exempt public charities, including churches, from endorsing or opposing candidates for office. To the extent a tax-exempt public charity violated this prohibition, it would no longer qualify as tax-exempt, and the IRS was to revoke its exemption.
While simple in theory, in practice, the IRS rarely penalizes churches that violate the campaigning prohibition and virtually never revokes a church's tax exemption. And, because no taxpayer has standing to challenge the IRS's inaction, the IRS has no external imperative to revoke the exemptions of churches that do campaign on behalf of or against candidates for office.
This …