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Articles 1 - 30 of 41
Full-Text Articles in Law
Jewish Honor Courts: Revenge, Retribution, And Reconciliation In Europe And Israel After The Holocaust, David Abraham
Jewish Honor Courts: Revenge, Retribution, And Reconciliation In Europe And Israel After The Holocaust, David Abraham
Articles
No abstract provided.
Beyond Zero-Sum Environmentalism, Jessica Owley, Shalanda Baker, Robin Kundis Craig, John Dernbach, Keith Hirokawa, Sarah Krakoff, Melissa Powers, Shannon Roesler,, Jonathan Rosenbloom, J. B. Ruhl, Jim Salzman, Inara Scott, David Takacs
Beyond Zero-Sum Environmentalism, Jessica Owley, Shalanda Baker, Robin Kundis Craig, John Dernbach, Keith Hirokawa, Sarah Krakoff, Melissa Powers, Shannon Roesler,, Jonathan Rosenbloom, J. B. Ruhl, Jim Salzman, Inara Scott, David Takacs
Articles
Environmental law and environmental protection are often portrayed as requiring trade offs: "jobs versus environment," "markets versus regulation," "enforcement versus incentives." In the summer of 2016, members of the Environmental Law Collaborative gathered to consider how environmentalism and environmental regulation can advance beyond this framing to include new constituents and offer new pathways to tackle the many significant challenges ahead. Months later, the initial activities of the Trump Administration highlighted the use of zero-sum rhetoric, with the appointment of government officials and the issuance of executive orders that indeed seem to view environmental issues as in a zero-sum relationship with …
Mineral Estate Conservation Easements: A New Policy Instrument To Address Hydraulic Fracturing And Resource Extraction, Jessica Owley, Robert B. Jackson, James Salzman
Mineral Estate Conservation Easements: A New Policy Instrument To Address Hydraulic Fracturing And Resource Extraction, Jessica Owley, Robert B. Jackson, James Salzman
Articles
No abstract provided.
The Life And Legacy Of Professor Calvin R. Massey: A Select Annotated Bibliography, Nicholas Mignanelli
The Life And Legacy Of Professor Calvin R. Massey: A Select Annotated Bibliography, Nicholas Mignanelli
Articles
No abstract provided.
Government Employee Religion, Caroline Mala Corbin
Government Employee Religion, Caroline Mala Corbin
Articles
Picture a county clerk who refuses to issue a marriage license to an LGBT couple or a city bus driver who insists on wearing a hijab. The clerk is fired for failing to fulfill job responsibilities and the bus driver for violating official dress codes. Both claim that their termination violates the First Amendment speech and religion clauses.
There is a well-developed First Amendment government employee speech jurisprudence. Less developed is the doctrine and literature for First Amendment government employee religion. The existing Free Exercise Clause jurisprudence usually does not specifically account for the government employee context. This Article attempts …
The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman
The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman
Articles
In 2017, the U.S. Senate confirmed Neil M. Gorsuch's nomination to serve on the Supreme Court. Like Justice Stevens before him, Gorsuch's primary area of expertise is antitrust law. Like Stevens, Gorsuch both practiced and taught in the field before joining the bench. As a judge for the Tenth Circuit Court of Appeals, Gorsuch penned multiple substantive antitrust opinions.
His unique expertise will likely situate Gorsuch as one of the Court's leading voices on antitrust matters for decades to come. A close examination of his prior antitrust opinions thus offers vital insight into his approach to antitrust principles and execution. …
What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler
What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler
Articles
Major legislative actions during the early part of the I I 5th Congress have undermined the central argument for regulator reform measures such as the RELVS Act, a bill that would require congressional approval of all new major regulations. Proponents of the RELVS Act argue that it would make the federal regulator system more democratic by shifting responsibility for regulatoy decisions away from unelected bureaucrats and toward the people's representatives in Congress. But separate legislative actions in the opening of the 115th Congress only call this argument into question. Congress's most s 'gni/cant initiatives during this period-its derailed attempts to …
Cosmopolitan Democracy And The Detention Of Immigrant Families, Rebecca Sharpless
Cosmopolitan Democracy And The Detention Of Immigrant Families, Rebecca Sharpless
Articles
No abstract provided.
Beyond The Great Divide: Federalism Concerns In Municipal Insolvency, Andrew B. Dawson
Beyond The Great Divide: Federalism Concerns In Municipal Insolvency, Andrew B. Dawson
Articles
No abstract provided.
Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless
Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless
Articles
No abstract provided.
Inner-City Anti-Poverty Campaigns, Anthony V. Alfieri
Inner-City Anti-Poverty Campaigns, Anthony V. Alfieri
Articles
This article offers a defense of outsider, legal-political intervention and community triage in inner-city anti-poverty campaigns under circumstances of widespread urban social disorganization, public and private sector neglect, and nonprofit resource scarcity. In mounting this defense, the Article revisits the roles of lawyers, nonprofit legal services organizations, and university-housed law school clinics in contemporary anti-poverty, civil rights, and social justice movements, in part by chronicling the emergence of a faith-based municipal equity movement in Miami, Florida. The Article proceeds in four parts. Part I introduces the notion of community triage as a means of addressing the impoverished and segregated aftermath …
Trading Spaces: The Changing Role Of The Executive In U.S. Trade Lawmaking, Kathleen Claussen
Trading Spaces: The Changing Role Of The Executive In U.S. Trade Lawmaking, Kathleen Claussen
Articles
Since the earliest days of the republic, the U.S. executive has wielded a significant but constitutionally bounded influence on the direction of U.S. trade law. In the twenty-first century, the growth of free trade agreements has led to an institutionalization of trade norms that permits the executive many more spaces for engagement with trading partners. In addition, other types of quotidian lawmaking extend the power of the executive in both public and hidden spaces beyond congressional delegation, even as that power remains substantially bounded by congressional control. This Article analyzes the dynamics between the branches that will direct future U.S. …
Disarming State Action; Discharging State Responsibility, Zanita E. Fenton
Disarming State Action; Discharging State Responsibility, Zanita E. Fenton
Articles
No abstract provided.
The Weaponized Lawsuit Against The Media: Litigation Funding As A New Threat To Journalism, Lili Levi
The Weaponized Lawsuit Against The Media: Litigation Funding As A New Threat To Journalism, Lili Levi
Articles
This Article identifies a new front in the current war against the media one in which billionaire private actors clandestinely fund other people's lawsuits in an attempt to censor press entities. The use of strategic litigation to shutter media outlets constitutes a major threat to the expressive order. And the current climate of press failures, institutional disaggregation, decreasing accountability journalism, and declining public trust-the very vulnerability of the press today-significantly amplifies the chilling impact of strategic third party funding. It does so whether the strategy is death-by-a-thousand litigations or titanic, bankruptcy-inducing damage verdicts.
Still, contrary to the assertions of both …
Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless
Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless
Articles
No abstract provided.
The Desert Of The Unreal: Inequality In Virtual And Augmented Reality, Mary Anne Franks
The Desert Of The Unreal: Inequality In Virtual And Augmented Reality, Mary Anne Franks
Articles
The world we live in is structured by inequality: of gender, race, class, sexual orientation, disability, and more. Virtual and augmented reality technologies hold out the promise of a more perfect world, one that offers us more stimulation, more connection, more freedom, more equality than the "real" world. But for such technologies to be truly innovative, they must move us beyond our current limitations and prejudices. When existing inequalities are unacknowledged and unaddressed in the "real" world, they tend to be replicated and augmented in virtual realities. We make new worlds based on who we are and what we do …
Valuing Identity, Osamudia R. James
Criminalization As Governance In The American Racial State, Charlton C. Copeland
Criminalization As Governance In The American Racial State, Charlton C. Copeland
Articles
No abstract provided.
Circumcision: Immigration, Religion, History, And Constitutional Identity In Germany And The U.S., David Abraham
Circumcision: Immigration, Religion, History, And Constitutional Identity In Germany And The U.S., David Abraham
Articles
A four-year-old Muslim boy was brought to a local Cologne emergency room by his mother, who was concerned about minor bleeding around the site of a circumcision. A District Court there found that circumcision, notwithstanding parental consent or religious motivation, constituted a criminal bodily injury and child abuse. Ultimately, on July 19, 2012 the Bundestag resolved that "Jewish and Muslim religious life be viable in Germany," and in December a bill was passed that legislatively overrode the ruling of the District Court and recognized circumcision as a non-punishable undertaking when undertaken for religious reasons by someone professionally trained. Two years …
Ending The Pursuit: Releasing Attorney Advertising Regulations At The Intersection Of Technology And The First Amendment, Jan L. Jacobowitz
Ending The Pursuit: Releasing Attorney Advertising Regulations At The Intersection Of Technology And The First Amendment, Jan L. Jacobowitz
Articles
No abstract provided.
Exploiting Conservation Lands: Can Hydrofracking Be Consistent With Conservation Easements, Jessica Owley, Collin Doane
Exploiting Conservation Lands: Can Hydrofracking Be Consistent With Conservation Easements, Jessica Owley, Collin Doane
Articles
No abstract provided.
The Separation Of Corporate Law And Social Welfare, William Wilson Bratton
The Separation Of Corporate Law And Social Welfare, William Wilson Bratton
Articles
No abstract provided.
Lessons Learned Too Well: Anonymity In A Time Of Surveillance, A. Michael Froomkin
Lessons Learned Too Well: Anonymity In A Time Of Surveillance, A. Michael Froomkin
Articles
It is no longer reasonable to assume that electronic communications can be kept private from governments or private-sector actors. In theory, encryption can protect the content of such communications, and anonymity can protect the communicator's identity. But online anonymity-one of the two most important tools that protect online communicative freedom-is under practical and legal attack all over the world. Choke-point regulation, online identification requirements, and data-retention regulations combine to make anonymity very difficult as a practical matter and, in many countries, illegal. Moreover, key internet intermediaries further stifle anonymity by requiring users to disclose their real names.
This Article traces …
Do Claims About Claims To Claims Matter?, Sergio J. Campos
Do Claims About Claims To Claims Matter?, Sergio J. Campos
Articles
No abstract provided.
"Revenge Porn" Reform: A View From The Front Lines, Mary Anne Franks
"Revenge Porn" Reform: A View From The Front Lines, Mary Anne Franks
Articles
The legal and social landscape of "revenge porn" has changed dramatically in the last few years. Before 2013, only three states criminalized the unauthorized disclosure of sexually explicit images of adults and few people had ever heard the ternm "revenge porn." As of July 2017, thirty-eight states and Washington, D.C. had criminalized the conduct; federal criminal legislation on the issue had been introduced in Congress; Google, Facebook, and Twitter had banned nonconsensual pornography from their platforms; and the term "revenge porn" had been added to the Merriam- Webster Dictionary. I have had the privilege of playing a role in many …
Sexual Minorities In Legal Academia: A Retrospection On Community, Action, Remembrance, And Liberation, Francisco Valdes
Sexual Minorities In Legal Academia: A Retrospection On Community, Action, Remembrance, And Liberation, Francisco Valdes
Articles
No abstract provided.
A Free Speech Tale Of Two County Clerk Refusals, Caroline Mala Corbin
A Free Speech Tale Of Two County Clerk Refusals, Caroline Mala Corbin
Articles
The ever-expanding Free Speech Clause has made possible claims that would have been unthinkable until recently. This symposium Essay examines the compelled speech claims of two hypothetical county clerks who believe that marriage should be limited to unions between one man and one woman, and who argue that forcing them to issue marriage licenses to gay and lesbian couples compels them to speak in favor of same-sex marriage in violation of the Free Speech Clause.
When a government employee such as a county clerk speaks, she may not be speaking as just a private individual. She may also be speaking …
A Tale Of Two Clinics: Similarities And Differences In Evidence Of The Clinic Effect On The Development Of Law Students' Ethical And Altruistic Professional Identities, Jonel Newman, Donald Nicolson
A Tale Of Two Clinics: Similarities And Differences In Evidence Of The Clinic Effect On The Development Of Law Students' Ethical And Altruistic Professional Identities, Jonel Newman, Donald Nicolson
Articles
No abstract provided.
Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann
Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann
Articles
This Article explores constitutional limits and regulatory openings for innovative state policies to mitigate climate change by promoting climate-friendly, renewable energy. In the absence of a comprehensive federal policy approach to climate change and clean energy, more and more states are stepping in to fill the policy void. Already, nearly thirty states have adopted renewable portfolio standards that create markets for solar, wind, and other clean electricity. To help populate these markets, a few pioneering states have recently started using feed-in tariffs that offer eligible generators above-market rates for their clean, renewable power.
But renewable portfolio standards, feed-in tariffs, and …
The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki
The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki
Articles
In this Article, we explore a central problem facing creative industries: how to organize collaborative creative production. We argue that informal rules are a significant and pervasive-but nonetheless underappreciated-tool f or solving the problem. While existing literature has focused on how informal rules sustain incentives for producing creative work, we demonstrate how such rules can facilitate and organize collaboration in the creative space.
We also suggest that informal rules can be a better fit for creative organization than formal law. On the one side, unique features of creativity, especially high uncertainty and low verifiability, lead to organizational challenges that formal …