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Articles 31 - 60 of 92
Full-Text Articles in Law
Vol. 50, No. 14 (April 25, 2016)
Funeral Notice
David McDonald (1842-1853)
Funeral notice for David McDonald's wife, Mary R. McDonald.
Vol. 50, No. 13 (April 18, 2016)
2016 Academy Of Law Alumni Fellows Dinner & Induction Ceremony Program
2016 Academy Of Law Alumni Fellows Dinner & Induction Ceremony Program
Academy of Law Alumni Fellows
No abstract provided.
Vol. 50, No. 12 (April 11, 2016)
Vol. 50, No. 11 (April 4, 2016)
Gateways To Opportunity: China Gateway
Gateways To Opportunity: China Gateway
Austen Parrish (2014-2022)
No abstract provided.
Judging Adaptive Management Practices Of U.S. Agencies, Robert L. Fischman, J. B. Ruhl
Judging Adaptive Management Practices Of U.S. Agencies, Robert L. Fischman, J. B. Ruhl
Articles by Maurer Faculty
All U.S. federal agencies administering environmental laws purport to practice adaptive management (AM), but little is known about how they actually implement this conservation tool. A gap between the theory and practice of AM is revealed in judicial decisions reviewing agency adaptive management plans. We analyzed all U.S. federal court opinions published through 1 January 2015 to identify the agency AM practices courts found most deficient. The shortcomings included lack of clear objectives and processes, monitoring thresholds, and defined actions triggered by thresholds. This trio of agency shortcuts around critical, iterative steps characterizes what we call AM-lite. Passive AM differs …
Vol. 50, No. 10 (March 28, 2016)
Vol. 50, No. 09 (March 21, 2016)
Vol. 50, No. 08 (March 7, 2016)
The Distractions Of Technology, Kimberly Mattioli
The Distractions Of Technology, Kimberly Mattioli
Articles by Maurer Faculty
Since the moment I became a librarian, I have had a problem with technology. It’s not that I can’t keep up with the developments or that I can’t figure out ways to incorporate technology into my work. My problem is much simpler in a way—I find technology too distracting. With my desktop, my phone, and my iPad sitting in my office, how could I not be drawn to the glowing screens and the limitless websites before me? The Internet is never-ending, and so too, it seems, is my ability to be distracted by it. With a little dedication, however, I …
Vol. 50, No. 07 (February 29, 2016)
Vol. 50, No. 06 (February 22, 2016)
Vol. 50, No. 05 (February 15, 2016)
Vol. 50, No. 04 (February 8, 2016)
Vol. 50, No. 03 (February 1, 2016)
Vol. 50, No. 02 (January 25, 2016)
Vol. 50, No. 01 (January 18, 2016)
Irs Reform: Politics As Usual?, Leandra Lederman
Irs Reform: Politics As Usual?, Leandra Lederman
Articles by Maurer Faculty
The IRS is still reeling from accusations that it "targeted" Tea Party and other non-profit organizations. Although multiple government investigations found no politically motivated behavior-only mismanagement-Congressional hearings were quite inflammatory. Congress recently followed up those hearings with a set of IRS reforms. Congress's approach is reminiscent of the late 1990s, when highly publicized Congressional hearings regarding alleged abuses by the IRS resulted in a major IRS reform and restructuring, although the allegations subsequently were largely debunked. This Article argues that the recent allegations against the IRS also were overblown. It looks to the aftermath of the 1998 IRS reform, which …
External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia
External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia
Articles by Maurer Faculty
This Review examines the influence of foreign legal actors on jurisdictions that are not their own. Rachel Stern, a scholar of China, reflects on this point in her groundbreaking book published in 2013. In her penultimate chapter, Stern discusses how such foreign legal actors wield influence in China because of their presence on the ground. Building off of Stern's research, this Review proceeds to ask whether foreign legal actors can influence a domestic environment when that environment prohibits them from permanently working there. The analysis below will suggest so, arguing that the forces of globalization can enable foreign legal …
The Same-Actor Inference Of Nondiscrimination: Moral Credentialing And The Psychological And Legal Licensing Of Bias, Victor D. Quintanilla, Cheryl R. Kaiser
The Same-Actor Inference Of Nondiscrimination: Moral Credentialing And The Psychological And Legal Licensing Of Bias, Victor D. Quintanilla, Cheryl R. Kaiser
Articles by Maurer Faculty
One of the most egregious examples of the tension between federal employment discrimination law and psychological science is the federal common law doctrine known as the same-actor inference.
When originally elaborated by the Fourth Circuit in Proud v. Stone, the same-actor doctrine applied only when an “employee was hired and fired by the same person within a relatively short time span.” In the two decades since, the doctrine has widened and broadened in scope. It now subsumes many employment contexts well beyond hiring and firing, to scenarios in which the “same person” entails different groups of decision makers, and the …
Paper Trails, Trailing Behind: Improving Informed Consent To Ivf Through Multimedia Applications, Jody L. Madeira, Barbara Andraka-Christou
Paper Trails, Trailing Behind: Improving Informed Consent To Ivf Through Multimedia Applications, Jody L. Madeira, Barbara Andraka-Christou
Articles by Maurer Faculty
Though intended to educate patients on the risks, benefits, side effects and alternatives within medical treatment, informed consent documents may have unanticipated consequences for patients. Patients may regard these forms as little more than a ritual to access treatment. Or patients may perceive that these forms exist to protect doctors rather than to contribute to a meaningful, patient-protective educational interaction. To rehabilitate the informed consent project, this essay considers the baggage that informed consent documents have acquired through practical use, explores patients' and providers' lived experience of informed consent, and considers whether a multimedia consent application would be a viable …
The Changing Economic Geography Of Large U.S. Law Firms, William D. Henderson, Arthur S. Alderson
The Changing Economic Geography Of Large U.S. Law Firms, William D. Henderson, Arthur S. Alderson
Articles by Maurer Faculty
The number of lawyers working for large U.S. law firms has increased dramatically. One important manifestation of this is the growing network of branch offices. Informed by three theories of spatial change—law firms (i) following the geographic expansion of their clients, relying on (ii) traditional agglomeration economies and relying on (iii) agglomeration benefits emerging from a location’s connectivity to other important geographies— we analyze longitudinal data on large U.S. law firms and the global urban network in which they are embedded. We find that, after the late 2000s, geographic expansion was less connected to organic market growth in U.S. domestic …
Who's Afraid Of The Hated Political Gerrymander?, Luis Fuentes-Rohwer
Who's Afraid Of The Hated Political Gerrymander?, Luis Fuentes-Rohwer
Articles by Maurer Faculty
The political gerrymander has few friends among scholars and commentators. Even a majority on the Supreme Court agreed that the practice violates constitutional and democratic norms. And yet, this is one of the few issues that the US. Supreme Court refuses to regulate. The justices mask their refusal to regulate this area on a professed inability to divine judicially-manageable standards. In turn, scholars offer new standards for the justices to consider. This is not only a mistake but also misguided. The history of the political question doctrine makes clear that the discovery of manageable standards has never controlled the Court's …