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Articles 1 - 30 of 68
Full-Text Articles in Law
The Pandemic And Privacy: The Global Culture Of Intrusion, Jon L. Mills, Lucca Viana, Danielle Black
The Pandemic And Privacy: The Global Culture Of Intrusion, Jon L. Mills, Lucca Viana, Danielle Black
Legislation and Policy Brief
No abstract provided.
Fintech: A Field Day Of Arbitrage Gone Awry, Grace Fraser
Fintech: A Field Day Of Arbitrage Gone Awry, Grace Fraser
Legislation and Policy Brief
No abstract provided.
Competitor Standing To The Rescue: Saving The Emoluments Clause, Demitri Dawson
Competitor Standing To The Rescue: Saving The Emoluments Clause, Demitri Dawson
Legislation and Policy Brief
No abstract provided.
Foreword, Stephen Wermiel
Editor's Welcome, Kate Brennan
The Cannabis Conundrum: Constitutional & Policy Concerns In Taxation Of The Marijuana Industry, Beckett Cantley, Geoffrey Dietrich
The Cannabis Conundrum: Constitutional & Policy Concerns In Taxation Of The Marijuana Industry, Beckett Cantley, Geoffrey Dietrich
Legislation and Policy Brief
No abstract provided.
The Intersection Of Reducing Recidivism And Spurring Inclusive Economic Recovery, Scott B. Astrada, Israel X. Nery
The Intersection Of Reducing Recidivism And Spurring Inclusive Economic Recovery, Scott B. Astrada, Israel X. Nery
Legislation and Policy Brief
No abstract provided.
Editor’S Welcome, Warner Allison
Unfinished Business: How “Split Authority” Over U.S. Asylum Adjudications Highlights The Need To Relocate The Immigration Court System To The Department Of Homeland Security, Kirsten Bickelman
Legislation and Policy Brief
No abstract provided.
The Great Holdup: How The Senate And The Filibuster Thwart Gun Legislation Most Americans Want, William G. Dauster
The Great Holdup: How The Senate And The Filibuster Thwart Gun Legislation Most Americans Want, William G. Dauster
Legislation and Policy Brief
No abstract provided.
A More Perfect Electoral College: Challenging Winner-Takes-All Provisions Under The Twelfth Amendment, Eric T. Tollar, Spencer H. Kimball
A More Perfect Electoral College: Challenging Winner-Takes-All Provisions Under The Twelfth Amendment, Eric T. Tollar, Spencer H. Kimball
Legislation and Policy Brief
No abstract provided.
Forward, Kimberly Wehle
Editor's Welcome, Julie Flower
Closing The Courthouse Door On Private Attorneys General: Judicial Expansion Of The First-To-File Bar In The False Claims Act Is Inconsistent With The Act's Text And Purpose, Dylan A. Consla
Legislation and Policy Brief
No abstract provided.
Empowering American Victims Of International Organized Crime: Proposing An Amendment To Clarify Rico's Extraterritorial Application, Lisa Lindhorst
Empowering American Victims Of International Organized Crime: Proposing An Amendment To Clarify Rico's Extraterritorial Application, Lisa Lindhorst
Legislation and Policy Brief
No abstract provided.
The Need For Federal Disclosure And Fraud Protection In The Workplace, Carlos Garcia
The Need For Federal Disclosure And Fraud Protection In The Workplace, Carlos Garcia
Legislation and Policy Brief
No abstract provided.
Undocumented: The Need To Further Address The Intersection Of Immigration And Domestic Violence In The United States, Julie Flower
Undocumented: The Need To Further Address The Intersection Of Immigration And Domestic Violence In The United States, Julie Flower
Legislation and Policy Brief
No abstract provided.
Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda
Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda
Legislation and Policy Brief
No abstract provided.
A More Sensible Surge: Ending Doj's Indiscriminate Raids Of Healthcare Providers, Michael C. Barnes
A More Sensible Surge: Ending Doj's Indiscriminate Raids Of Healthcare Providers, Michael C. Barnes
Legislation and Policy Brief
No abstract provided.
Foreword, Jamin B. Raskin
Editor's Welcome, Rachael A. Soloway
Editor's Welcome, Rachael A. Soloway
Legislation and Policy Brief
No abstract provided.
Will It Really Save You? Analyzing The Campus Sexual Violence Elimination Act, Rachel Marshall
Will It Really Save You? Analyzing The Campus Sexual Violence Elimination Act, Rachel Marshall
Legislation and Policy Brief
No abstract provided.
Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik
Legislation and Policy Brief
The Supreme Court has stated that Congress must simply “lay down by legislative act an intelligible principle” to which the agency must conform. If this is done, a court will find the delegation of broad authority to the agency to be constitutional. There is, however, an open issue regarding whether the “intelligible principle” standard applies to delegations of authority that allow for the promulgation of both civil and criminal penalties. In Touby v. United States, the Supreme Court was asked whether “something more than an ‘intelligible principle’ is required” when Congress authorizes an agency to issue regulations that contemplate …
Suppuration Of Powers: Abscam, Entrapment And The Politics Of Expulsion, Henry Biggs
Suppuration Of Powers: Abscam, Entrapment And The Politics Of Expulsion, Henry Biggs
Legislation and Policy Brief
No abstract provided.
Editor's Welcome, Zachary I. Gold
Did Congress Intend For Corporations To Benefit From The Mvra?, Leslie M. Villacis Esq.
Did Congress Intend For Corporations To Benefit From The Mvra?, Leslie M. Villacis Esq.
Legislation and Policy Brief
When it enacted the statute, did Congress consider corporations to be “victims” entitled to restitution under the MVRA? This answer has not been provided or discussed by existing case law applying the MVRA. This article answers this question. In addition, it highlights the possible issues a judge may encounter in the application and interpretation of the MVRA, the current use of the MVRA by corporations, and offers potential defenses a defendant could employ in challenging a corporate giant’s restitution request. Additionally, I discuss several policy arguments justifying the application of the MVRA to corporations as well those arguments that oppose …
How Reforming The Tort Of Negligent Hiring Can Enhance The Economic Activity Of A State, Be Good For Business And Protect The Victims Of Certain Crimes, Shawn D. Vance
Legislation and Policy Brief
This article will focus on reforming the tort of negligent hiring to limit the liability of employers while also ensuring the compensation of certain victims when the employer fails to meet the requirements of the reformed tort. While the tort is currently recognized by most states, the states that have recognized the tort have different standards for liability and little clarity is provided to employers on how to avoid liability. By creating certainty in the marketplace through a reformed negligent hiring tort, states can encourage business activity from civic-minded businesses while holding businesses, which fail to exhibit good civic behavior, …
Far From Fair, Farther From Efficient: The Ftc And The Hyper-Formalization Of Informal Rulemaking, Cooper J. Spinelli
Far From Fair, Farther From Efficient: The Ftc And The Hyper-Formalization Of Informal Rulemaking, Cooper J. Spinelli
Legislation and Policy Brief
Partially concerned with the proliferation of the “New Deal” agencies, Congress saw theAPAas a “compromise measure.” That is, Congress designed it to afford “uniformity and fairness in administrative procedures without at the same time unduly interfering with the efficient and economical operation of government.” Scholars and jurists from across the political spectrum have recognized that the notice-and-comment process allows for relative flexibility that can help “foster better government” by setting policy prospectively and expeditiously, thereby striking a reasonable balance between fairness and efficiency. In contrast to adjudicative measures, informal rulemaking can offer holistic treatment to market disorders—with considerable public input—without …
Is Statutory Immunity For Spaceflight Operators Good Enough?, Maria-Vittoria “Giugi” Carminati
Is Statutory Immunity For Spaceflight Operators Good Enough?, Maria-Vittoria “Giugi” Carminati
Legislation and Policy Brief
Over the past decade, the commercial spaceflight industry has seen a growth never witnessed before. The likes of Virgin Galactic and Xcor are promising suborbital flights to anyone willing to pay the price. Golden Spike is selling tickets to the moon. And SpaceX was re-supplying the ISS as a commercial provider as of 2012. States have responded to this growth by trying to make themselves more attractive to these commercial providers of space services (hereinafter generally referred to as “spaceflight entities”). Attractiveness has become synonymous with overt efforts to decrease spaceflight entities’ liability from injuries to their spaceflight participants (“SFPs”). …
Can Consumers Bring State Claims For Furnisher Errors On Their Credit Reports, Catherine Bourque
Can Consumers Bring State Claims For Furnisher Errors On Their Credit Reports, Catherine Bourque
Legislation and Policy Brief
In an increasingly digital world, it can often feel like numbers define us. Whether your social security number, your phone number, or your credit score, the cold truth is that your identity is often boiled down to a single number. In the financial world, your credit score traditionally defines your eligibility for credit and the cost of credit, but the uses of credit scores have expanded to include premiums for insurance, employment eligibility, and other non-financial determinations. Particularly in tough financial times, small fluctuations in credit scores can have large impacts on consumers’ access to affordable credit.
As furnishers and …