Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (10)
- Library and Information Science (6)
- Privacy Law (6)
- Civil Rights and Discrimination (5)
- Intellectual Property Law (5)
-
- Physical Sciences and Mathematics (5)
- Taxation-Federal (5)
- Courts (4)
- Law Librarianship (4)
- Legal Profession (4)
- Science and Technology Law (4)
- Tax Law (4)
- Comparative and Foreign Law (3)
- Computer Sciences (3)
- Information Security (3)
- International Law (3)
- Law and Economics (3)
- Banking and Finance Law (2)
- Business (2)
- Computer Law (2)
- Election Law (2)
- Environmental Law (2)
- Environmental Sciences (2)
- Family Law (2)
- Health Law and Policy (2)
- Human Rights Law (2)
- Legal Education (2)
- Legal Writing and Research (2)
- Military, War, and Peace (2)
- Keyword
-
- Data protection (4)
- Data privacy (3)
- Big data (2)
- Civil rights (2)
- Cybersecurity (2)
-
- Data collection (2)
- Intellectual property (2)
- Money transmission (2)
- National Security Agency (2)
- Privacy (2)
- Protected areas (2)
- Racial discrimination (2)
- Tax policy (2)
- Voting Rights Act (2)
- AALL (1)
- ACA (1)
- APA (1)
- Abortion (1)
- Abortion regret (1)
- Abortion regulation (1)
- Access to justice (1)
- Accessibility (1)
- Adaptation (1)
- Adaptive Management (1)
- Adler (1)
- Administrative Procedure Act (1)
- Affordable Care Act (1)
- Alien Tort Statute (1)
- Alumni services (1)
- American Association of Law Libraries (1)
Articles 31 - 52 of 52
Full-Text Articles in Law
How Should Governments Promote Distributive Justice?: A Framework For Analyzing The Optimal Choice Of Tax Instruments, David Gamage
How Should Governments Promote Distributive Justice?: A Framework For Analyzing The Optimal Choice Of Tax Instruments, David Gamage
Articles by Maurer Faculty
A particular methodology derived from public finance economics has become very influential in the legal literature on taxation and related topics. Sometimes called the “double-distortion” approach, this methodology forms the heart of Louis Kaplow’s book “The Theory of Taxation and Public Economics” and is also the foundation of prominent work by other leading tax legal scholars such as David Weisbach and James Hines.
This Article develops an extended critique of how the double-distortion approach has been used to make legal policy arguments. In doing so, this Article constructs a framework for analyzing how governments can optimally raise revenues and promote …
Voting Rights Law And Policy In Transition, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Voting Rights Law And Policy In Transition, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Articles by Maurer Faculty
No abstract provided.
In Defense Of The Finality Of Criminal Sentences On Collateral Review, Ryan W. Scott
In Defense Of The Finality Of Criminal Sentences On Collateral Review, Ryan W. Scott
Articles by Maurer Faculty
No abstract provided.
Virtual Designs, Mark D. Janis, Jason J. Du Mont
Virtual Designs, Mark D. Janis, Jason J. Du Mont
Articles by Maurer Faculty
Industrial design is migrating to the virtual world, and the design patent system is migrating with it. The U.S. Patent and Trademark Office (USPTO) has already granted several thousand design patents on virtual designs, patents that cover the designs of graphical user interfaces for smartphones, tablets, and other products, as well as the designs of icons or other artifacts of various virtual environments. Many more such design patent applications are pending; in fact, U.S. design patent applications for virtual designs represent one of the fastest growing forms of design subject matter at the USPTO.
Our project is the first comprehensive …
Grappling At The Grassroots: Access To Justice In India's Lower Tier, Jayanth K. Krishnan, Shirish N. Kavadi, Azima Girach, Dhanaji Khupkar, Kilindi Kokal, Satyajeet Mazumdar, Nupar, Gayatri Panday, Aatreyee Sen, Aqseer Sodhi, Bharati Takale Shukla
Grappling At The Grassroots: Access To Justice In India's Lower Tier, Jayanth K. Krishnan, Shirish N. Kavadi, Azima Girach, Dhanaji Khupkar, Kilindi Kokal, Satyajeet Mazumdar, Nupar, Gayatri Panday, Aatreyee Sen, Aqseer Sodhi, Bharati Takale Shukla
Articles by Maurer Faculty
From 2010 to 2012, a team of academic and civil society researchers conducted extensive ethnographies of litigants, judges, lawyers, and courtroom personnel within multiple districts in three states: Maharashtra, Gujarat, and Himachal Pradesh. This Article provides an in-depth account of the everyday struggles these actors face in the pursuit of their respective objectives. The findings illustrate a complex matrix of variables-including infrastructure, staffing, judicial training and legal awareness, costs and continuances, gender and caste discrimination, power imbalances, intimidation and corruption, miscellaneous delays, and challenges with specialized forums-impact access to justice in the lower tier. The results of this study offer …
When Churches Reorganize, Pamela Foohey
When Churches Reorganize, Pamela Foohey
Articles by Maurer Faculty
The article complements and expands the author’s prior article, Bankrupting the Faith. This article primarily relies on interviews with attorneys who represented religious organizations in chapter 11 bankruptcy to assess whether reorganization has the potential to offer an effective solution to religious organizations’ financial problems. In doing so, it makes three contributions. First, it tracks the post-bankruptcy outcomes of a portion of the debtors to find that approximately 65% remained operating post-bankruptcy; these outcomes contradict previous studies of small business bankruptcy and are important to current debates about reforming small business bankruptcy. Given this—and in keeping with the ABLJ’s …
Tribute To Randall Shepard, Kevin D. Brown
Tribute To Randall Shepard, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Kiobel's Broader Significance: Implications For International Legal Theory, Austen L. Parrish
Kiobel's Broader Significance: Implications For International Legal Theory, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
Regulating Cryptocurrencies In The United States: Current Issues And Future Directions, Sarah Jane Hughes, Stephen T. Middlebrook
Regulating Cryptocurrencies In The United States: Current Issues And Future Directions, Sarah Jane Hughes, Stephen T. Middlebrook
Articles by Maurer Faculty
This article explores the state of virtual currencies and their regulation in and by the United States and the States. It offers thoughts on which models of regulation might suit virtual currencies best. It also surveys recent enforcement actions brought by the Departments of Treasury, Justice and Homeland Security against providers of virtual currencies or comparable electronic stored value. It concludes that issuers and users of virtual currencies are not being realistic if they think that the United States will not regulate virtual currencies for some purposes.
Systematic Government Access To Private-Sector Data Redux, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Systematic Government Access To Private-Sector Data Redux, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
Letting Go Of Old Ideas, William D. Henderson
Letting Go Of Old Ideas, William D. Henderson
Articles by Maurer Faculty
No abstract provided.
Book Review. The Undignified Part Of Constitutional Analysis, Timothy W. Waters
Book Review. The Undignified Part Of Constitutional Analysis, Timothy W. Waters
Articles by Maurer Faculty
No abstract provided.
Online Privacy And The First Amendment: An Opt-In Approach To Data Processing, Joseph A. Tomain
Online Privacy And The First Amendment: An Opt-In Approach To Data Processing, Joseph A. Tomain
Articles by Maurer Faculty
An individual has little to no ability to prevent online commercial actors from collecting, using, or disclosing data about her. This lack of individual choice is problematic in the Big Data era because individual privacy interests are threatened by the ever increasing number of actors processing data, as well as the ever increasing amount and types of data being processed. This Article argues that online commercial actors should be required to receive an individual’s opt-in consent prior to data processing as a way of protecting individual privacy. I analyze whether an opt-in requirement is constitutionally permissible under the First Amendment …
Big Business, Big Government And Big Legal Questions, Michael Mattioli, Todd Vare
Big Business, Big Government And Big Legal Questions, Michael Mattioli, Todd Vare
Articles by Maurer Faculty
No abstract provided.
State's Rights, Last Rites, And Voting Rights, Luis Fuentes-Rohwer, Guy-Uriel Charles
State's Rights, Last Rites, And Voting Rights, Luis Fuentes-Rohwer, Guy-Uriel Charles
Articles by Maurer Faculty
There are two ways to read the Supreme Court's decision in Shelby County Alabama v. Holder: as a minimalist decision or as a decision that undermines the basic infrastructure of voting rights policy, law, and jurisprudence. In this Article, we present the case for reading Shelby County as deeply destabilizing. We argue that Shelby County has undermined three assumptions that are foundational to voting rights policy, law, and jurisprudence. First, the Court has generally granted primacy of the federal government over the states. Second, the Court has deferred to Congress particularly where Congress is regulating at the intersection of race …
Alumni Services: Strategies For Keeping The Law Library's Doors Open After Graduation, Michelle M. Trumbo
Alumni Services: Strategies For Keeping The Law Library's Doors Open After Graduation, Michelle M. Trumbo
Articles by Maurer Faculty
No abstract provided.
The Limits Of Legality: Assessing Recent International Interventions In Civil Conflicts In The Middle-East, Feisal Amin Istrabadi
The Limits Of Legality: Assessing Recent International Interventions In Civil Conflicts In The Middle-East, Feisal Amin Istrabadi
Articles by Maurer Faculty
No abstract provided.
When Two Worlds Collide: The Interface Between Competition Law And Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey
When Two Worlds Collide: The Interface Between Competition Law And Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey
Articles by Maurer Faculty
No abstract provided.
The (Data Privacy) Law Hasn't Even Checked In When Technology Takes Off, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
The (Data Privacy) Law Hasn't Even Checked In When Technology Takes Off, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
Taking Stock After Four Years, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Taking Stock After Four Years, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
Access To Counsel: Psychological Science Can Improve The Promise Of Civil Rights Enforcement, Victor D. Quintanilla, Cheryl R. Kaiser
Access To Counsel: Psychological Science Can Improve The Promise Of Civil Rights Enforcement, Victor D. Quintanilla, Cheryl R. Kaiser
Articles by Maurer Faculty
Employment discrimination claimants in general, and racial minority claimants in particular, disproportionately lack access to legal counsel. When employment discrimination claimants lack counsel, they typically abandon their claims, or if they pursue their claims, they do so pro se (without counsel), a strategy that is seldom successful in court. Access to counsel is, hence, a decisive component in whether employment discrimination victims realize the potential of civil rights enforcement. Psychological science analyzes access to counsel by identifying psychological barriers—such as threatened social identity, mistrust in legal authorities, and fear of repercussions—that prevent employment discrimination victims from pursuing counsel. The analysis …
Use Of Eu Institutions Outside The Eu Legal Framework: Foundations, Procedure And Substance, Paul Craig
Use Of Eu Institutions Outside The Eu Legal Framework: Foundations, Procedure And Substance, Paul Craig
Articles by Maurer Faculty
The decision in Case Pringle was primarily concerned with whether the European Stability Mechanism (TFEU) was compatible with various substantive provisions of the Treaty on the Functioning of the European Union, most notably the prohibition on bailouts in Article 125 TFEU. The judgment is nonetheless important for other reasons, including the legitimacy of the use of EU institutions outside the EU legal framework. It will be seen that the CJEU endorsed their use and reaffirmed earlier case law. These conclusions were analysed by Steve Peers in a helpful article in a previous issue of the European Constitutional Law Review, in …