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Articles 1 - 30 of 165
Full-Text Articles in Law
Kafka's Court: Seeking Law And Justice At Guantanamo Bay, Alka Pradhan
Kafka's Court: Seeking Law And Justice At Guantanamo Bay, Alka Pradhan
NULR Online
No abstract provided.
Alienating Citizens, Amanda Frost
Alienating Citizens, Amanda Frost
NULR Online
Denaturalization is back. In 1967, the Supreme Court declared that denaturalization for any reason other than fraud or mistake in the naturalization process is unconstitutional, forcing the government to abandon its aggressive denaturalization campaigns. For the last half century, the government denaturalized no more than a handful of people every year. Over the past year, however, the Trump Administration has revived denaturalization. The Administration has targeted 700,000 naturalized American citizens for investigation and has hired dozens of lawyers and staff members to work in a newly created office devoted to investigating and prosecuting denaturalization cases.
Using information gathered from responses …
Housing, Healthism, And The Hud Smoke-Free Policy, Dave Fagundes, Jessica L. Roberts
Housing, Healthism, And The Hud Smoke-Free Policy, Dave Fagundes, Jessica L. Roberts
NULR Online
No abstract provided.
#Sowhitemale: Federal Civil Rulemaking, Brooke D. Coleman
#Sowhitemale: Federal Civil Rulemaking, Brooke D. Coleman
NULR Online
116 out of 136. That is the number of white men who have served on the eighty-two-year-old committee responsible for creating and maintaining the Federal Rules of Civil Procedure. The tiny number of non-white, non-male committee members is disproportionate, even in the context of the white-male-dominated legal profession. If the rules were simply a technical set of instructions made by a neutral set of experts, then perhaps these numbers might not be as disturbing. But that is not the case. The Civil Rules embody normative judgments about the values that have primacy in our civil justice system, and the rule-makers—while …
Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall
Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall
NULR Online
Independent craft breweries contributed approximately $68 billion to the national economy last year. However, an arcane regulatory scheme governs the alcohol industry in general and the craft beer industry specifically, posing both obstacles and benefits to independent craft brewers. This Essay examines regulations that arguably infringe on free speech: namely, commercial speech regulations that prohibit alcohol manufacturers from purchasing advertising space from retailers. Such regulations were enacted to prohibit undue influence and anticompetitive behavior stemming from vertical and horizontal integration in the alcohol market. Although these regulations are necessary to prevent global corporate brewers from dominating the craft beer market …
Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen
Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen
NULR Online
The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social scientific findings and expertise as part of presidential and agency decision-making: border control, crime control, and extreme vetting of refugees to prevent terrorism. The Essay claims that these rejections of expertise undermine both substantive and procedural protections for immigrants and undermine important functions of the administrative state as a curb on irrationality in policymaking. It concludes …
Restoring The Fact/Law Distinction In Patent Claim Construction, J. Jonas Anderson, Peter S. Menell
Restoring The Fact/Law Distinction In Patent Claim Construction, J. Jonas Anderson, Peter S. Menell
NULR Online
Two decades ago, the Supreme Court sought to promote more effective, transparent patent litigation in Markman v. Westview Instruments by ruling that “the construction of a patent, including terms of art within its claim, is exclusively within the province of the court.” In so doing, the Court removed interpretation of patent claims from the black box of jury deliberations by holding that the Seventh Amendment right to a jury trial did not extend to patent claim construction. Failing to find clear historical evidence of how claim construction was handled in 1791, the Court turned to “the relative interpretive skills of …
The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman
The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman
NULR Online
No abstract provided.
Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer
Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer
NULR Online
No abstract provided.
Race Matters In Jury Selection, Peter A. Joy
Sox On Fish: A New Harm Of Overcriminalization, Todd Haugh
Sox On Fish: A New Harm Of Overcriminalization, Todd Haugh
NULR Online
No abstract provided.
The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley
The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley
NULR Online
No abstract provided.
The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley
The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley
NULR Online
No abstract provided.
How Not To Apply Actavis, Michael A. Carrier
“Single Point Of Entry”: The Promise And Limits Of The Latest Cure For Bailouts, John Crawford
“Single Point Of Entry”: The Promise And Limits Of The Latest Cure For Bailouts, John Crawford
NULR Online
No abstract provided.
Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill
Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill
NULR Online
No abstract provided.
Patent Imperialism, Bernard Chao
Inventing Around Copyright, Dan L. Burk
Forced Decryption As Equilibrium—Why It’S Constitutional And How Riley Matters, Dan Terzian
Forced Decryption As Equilibrium—Why It’S Constitutional And How Riley Matters, Dan Terzian
NULR Online
No abstract provided.
Is Resistance To Foreign Law Rooted In Racism?, Sheldon Bernard Lyke
Is Resistance To Foreign Law Rooted In Racism?, Sheldon Bernard Lyke
NULR Online
No abstract provided.
The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah Jane C. Haan
The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah Jane C. Haan
NULR Online
No abstract provided.
Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders
Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders
NULR Online
No abstract provided.
Choice Of Counsel And The Appearance Of Equal Justice Under Law, Wesley M. Oliver
Choice Of Counsel And The Appearance Of Equal Justice Under Law, Wesley M. Oliver
NULR Online
No abstract provided.
Abidor V. Napolitano: Suspicionless Cell Phone And Laptop “Strip” Searches At The Border Compromise The Fourth And First Amendments, Adam Lamparello, Charles E. Maclean
Abidor V. Napolitano: Suspicionless Cell Phone And Laptop “Strip” Searches At The Border Compromise The Fourth And First Amendments, Adam Lamparello, Charles E. Maclean
NULR Online
No abstract provided.
The Motivating Force Of A Bonus Pool, And Other Objections, Claire A. Hill
The Motivating Force Of A Bonus Pool, And Other Objections, Claire A. Hill
NULR Online
No abstract provided.
Of Bitcoins, Independently Wealthy Software, And The Zero-Member Llc, Shawn Bayern
Of Bitcoins, Independently Wealthy Software, And The Zero-Member Llc, Shawn Bayern
NULR Online
No abstract provided.
Party-Based Corruption And Mccutcheon V. Fec, Michael S. Kang
Party-Based Corruption And Mccutcheon V. Fec, Michael S. Kang
NULR Online
No abstract provided.
Silence Is Golden: Moments Of Silence, Legislative Prayers, And The Establishment Clause, Eric Segall
Silence Is Golden: Moments Of Silence, Legislative Prayers, And The Establishment Clause, Eric Segall
NULR Online
No abstract provided.
The Curious Case Of Legislative Prayer: Town Of Greece V. Galloway, Ian Bartrum
The Curious Case Of Legislative Prayer: Town Of Greece V. Galloway, Ian Bartrum
NULR Online
No abstract provided.
Constitutional Purpose And The Anti-Corruption Principle, Zephyr Teachout
Constitutional Purpose And The Anti-Corruption Principle, Zephyr Teachout
NULR Online
No abstract provided.