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Full-Text Articles in Law

The Executive’S Authority Over Enemy Combatants: Due Process And Its Limits., Barry Sullivan Jan 2011

The Executive’S Authority Over Enemy Combatants: Due Process And Its Limits., Barry Sullivan

Faculty Publications & Other Works

No abstract provided.


Methods And Materials In Constitutional Law: Some Thoughts On Access To Government Information As A Problem For Constitutional Theory And Socio-Legal Studies.”, Barry Sullivan Jan 2011

Methods And Materials In Constitutional Law: Some Thoughts On Access To Government Information As A Problem For Constitutional Theory And Socio-Legal Studies.”, Barry Sullivan

Faculty Publications & Other Works

To be subject to law, Hobbes argued, is to be deprived of liberty, as we understand it. In this respect, democratic governments are no different from others. Hobbes's insight has not caused us to abandon our commitments to democracy, but it still challenges us to think hard about the nature of representative government, the nature of citizenship in a democratic society, and the conditions necessary for fulfilling the promise of democratic citizenship. Two recent trends are evident. Some citizens have embraced a more active sense of citizenship, which necessarily entails a more insistent need for information, while governments have insisted …


Advocating For Children In Care In A Climate Of Economic Recession: The Relationship Between Poverty And Child Maltreatment., Bruce A. Boyer, Amy E. Halbrook Jan 2011

Advocating For Children In Care In A Climate Of Economic Recession: The Relationship Between Poverty And Child Maltreatment., Bruce A. Boyer, Amy E. Halbrook

Faculty Publications & Other Works

No abstract provided.


Grown-Up Income Shifting: Yesterday's Kiddie Tax Is Not Enough., Samuel Brunson Jan 2011

Grown-Up Income Shifting: Yesterday's Kiddie Tax Is Not Enough., Samuel Brunson

Faculty Publications & Other Works

No abstract provided.


Reigning In Charities: Using An Intermediate Penalty To Enforce The Campaigning Prohibition., Samuel Brunson Jan 2011

Reigning In Charities: Using An Intermediate Penalty To Enforce The Campaigning Prohibition., Samuel Brunson

Faculty Publications & Other Works

No abstract provided.


Taking Economic Human Rights Seriously After The Debt Crisis., Steven A. Ramirez Jan 2011

Taking Economic Human Rights Seriously After The Debt Crisis., Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.


Dodd-Frank As Maginot Line., Steven A. Ramirez Jan 2011

Dodd-Frank As Maginot Line., Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.


When Should Asset Appreciation Be Taxed?: The Case For A Disposition Standard Of Realization., Jeffrey L. Kwall Jan 2011

When Should Asset Appreciation Be Taxed?: The Case For A Disposition Standard Of Realization., Jeffrey L. Kwall

Faculty Publications & Other Works

No abstract provided.


Beyond Judicial Activism: When The Supreme Court Is No Longer A Court., Margaret L. Moses Jan 2011

Beyond Judicial Activism: When The Supreme Court Is No Longer A Court., Margaret L. Moses

Faculty Publications & Other Works

No abstract provided.


The Road Not Taken: Catholic Legal Education At The Middle Of The Twentieth Century., John M. Breen Jan 2011

The Road Not Taken: Catholic Legal Education At The Middle Of The Twentieth Century., John M. Breen

Faculty Publications & Other Works

No abstract provided.


The Echoes Of Slavery: Recognizing The Racist Origins Of The Agricultural And Domestic Worker Exclusion From The National Labor Relations Act., Juan F. Perea Jan 2011

The Echoes Of Slavery: Recognizing The Racist Origins Of The Agricultural And Domestic Worker Exclusion From The National Labor Relations Act., Juan F. Perea

Faculty Publications & Other Works

No abstract provided.


Toward A Just Measure Of Repose: The Statute Of Limitations For Securities Fraud., Michael J. Kaufman Jan 2011

Toward A Just Measure Of Repose: The Statute Of Limitations For Securities Fraud., Michael J. Kaufman

Faculty Publications & Other Works

Statutes of limitations, a long-standing bulwark of civil litigation, mitigate the risk that evidence of meritorious claims will become stale and relieve defendants who might be exposed to claims from unending uncertainty about whether claims will be brought. But these twin rationales are balanced against allowing plaintiffs sufficient time to discover and file meritorious claims. This balance is manifest in the judicial and congressional effort to fashion a statute of limitations for securities fraud claims. The Supreme Court in Merck & Co. v. Reynolds recently attempted to strike that balance in its interpretation of the statute of limitations for securities …


The Due Process Rights Of Residential Tenants In Mortgage Foreclosure Cases., Henry Rose Jan 2011

The Due Process Rights Of Residential Tenants In Mortgage Foreclosure Cases., Henry Rose

Faculty Publications & Other Works

No abstract provided.


The Pre-History Of Fair Use., Matthew Sag Jan 2011

The Pre-History Of Fair Use., Matthew Sag

Faculty Publications & Other Works

No abstract provided.


Creditors’ Contempt., Lea Krivinskas Shepard Jan 2011

Creditors’ Contempt., Lea Krivinskas Shepard

Faculty Publications & Other Works

This Article takes a fresh look at the power of courts and creditors to force debtors to repay their obligations through in personam collection techniques. Variously known as "debtor's examinations," "turnover orders," "citations to discover assets,' "supplementary proceedings," "proceedings supplementary," and "proceedings in aid of execution," in personam remedies force the debtor, under threat of the court's contempt authority, to turn over money or property directly to a creditor. Because the exercise of the court's contempt authority can result in a debtor's imprisonment, in personam techniques have long been regarded as a critical but potentially very coercive arrow in a …


Section 16(B) And Its Limitations Period: The Case For Equitable Tolling., Michael J. Kaufman Jan 2011

Section 16(B) And Its Limitations Period: The Case For Equitable Tolling., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.


Congressional Authority To Interpret The Thirteenth Amendment., Alexander Tsesis Jan 2011

Congressional Authority To Interpret The Thirteenth Amendment., Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


Global Access To Medicine: The Influence Of Competing Perspectives., Cynthia M. Ho Jan 2011

Global Access To Medicine: The Influence Of Competing Perspectives., Cynthia M. Ho

Faculty Publications & Other Works

No abstract provided.


Due Process In Civil Commitments., Alexander Tsesis Jan 2011

Due Process In Civil Commitments., Alexander Tsesis

Faculty Publications & Other Works

In one of its most controversial decisions to date, United States v Comstock, the Roberts Court upheld a federal civil commitment statute requiring only an intermediate burden of proof The statute provided for the postsentencing confinement of anyone proven by "clear and convincing evidence" to be mentally ill and dangerous. The law relied on a judicial standard established more than thirty years before. The majority in Comstock missed the opportunity to reassess the precedent in light of recent psychiatric studies indicating that the ambiguity of available diagnostic tools can lead to erroneous insanity assessments and mistake evaluations about patients' likelihood …


Religion And The Purification Of Reason: Why The Liberal State Requires More Than Simple Tolerance., John M. Breen Jan 2011

Religion And The Purification Of Reason: Why The Liberal State Requires More Than Simple Tolerance., John M. Breen

Faculty Publications & Other Works

No abstract provided.


The Abortion Informed Consent Debate: More Light, Less Heat., Nadia N. Sawicki Jan 2011

The Abortion Informed Consent Debate: More Light, Less Heat., Nadia N. Sawicki

Faculty Publications & Other Works

No abstract provided.


Unions & The Great Recession: Is Transnationalism The Answer?, Michael J. Zimmer Jan 2011

Unions & The Great Recession: Is Transnationalism The Answer?, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.


Corporate Governance And Competition Policy., Spencer Weber Waller Jan 2011

Corporate Governance And Competition Policy., Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.


The Dodd- Frank Wall Street Reform And Consumer Protection Act: What Caused The Financial Crisis And Will Dodd-Frank Succeed In Preventing Future Crises?, Charles W. Murdock Jan 2011

The Dodd- Frank Wall Street Reform And Consumer Protection Act: What Caused The Financial Crisis And Will Dodd-Frank Succeed In Preventing Future Crises?, Charles W. Murdock

Faculty Publications & Other Works

No abstract provided.


The Humanity Of Advocacy, Barry Sullivan Jan 2011

The Humanity Of Advocacy, Barry Sullivan

Faculty Publications & Other Works

No abstract provided.


Two Men And Twenty Years Of Meetings: Norman Amaker, Derrick Bell, And The Midwestern People Of Color Legal Scholarship Conference From 1990-2010., Neil G. Williams Jan 2011

Two Men And Twenty Years Of Meetings: Norman Amaker, Derrick Bell, And The Midwestern People Of Color Legal Scholarship Conference From 1990-2010., Neil G. Williams

Faculty Publications & Other Works

No abstract provided.


John Courtney Murray S.J.: A Model Of Engagement., Robert J. Araujo S.J. Jan 2011

John Courtney Murray S.J.: A Model Of Engagement., Robert J. Araujo S.J.

Faculty Publications & Other Works

No abstract provided.


Food Sovereignty For Poor Countries In The Global Trading System, James T. Gathii Jan 2011

Food Sovereignty For Poor Countries In The Global Trading System, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


The Neoliberal Turn In Regional Trade Agreements, James T. Gathii Jan 2011

The Neoliberal Turn In Regional Trade Agreements, James T. Gathii

Faculty Publications & Other Works

Abstract: This Article makes two primary arguments. First that the increased resort to bilateral and regional trade agreements has taken a neoliberal turn. As such bilateral and regional trade agreements are now a primary means through which greater investor protections, commodification of social services, guaranteed rights of investor access to investment opportunities, privatization of public service goods, and generally the diminution of sovereign control are being realized. These trade agreements make the foregoing goals possible not just in developing countries, but in industrialized economies as well. I show that these agreements provide business interests with opportunities to exercise concerted pressure …


Twail: A Brief History Of Its Origins, Its Decentralized Network, And A Tentative Bibliography, James T. Gathii Jan 2011

Twail: A Brief History Of Its Origins, Its Decentralized Network, And A Tentative Bibliography, James T. Gathii

Faculty Publications & Other Works

No abstract provided.