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Current Trends In Consumer Junk Debt Buyer Litigation, Peter Holland
Current Trends In Consumer Junk Debt Buyer Litigation, Peter Holland
Faculty Scholarship
No abstract provided.
The Stream Of Violence: A New Approach To Domestic Violence Personal Jurisdiction, Cody Jacobs
The Stream Of Violence: A New Approach To Domestic Violence Personal Jurisdiction, Cody Jacobs
Faculty Scholarship
There is a split among state courts about whether personal jurisdiction over an alleged domestic violence perpetrator is required in order to obtain a civil protection order preventing the defendant from contacting the victim. Some courts have held that such orders interfere with the defendant’s liberty interests, and therefore personal jurisdiction is a requirement under the Due Process Clause for the validity of such orders. Other courts have held that personal jurisdiction is not required because such protection orders are analogous to custody and divorce orders which have historically been entered by courts without establishing personal jurisdiction over the other …
Reconsidering Constitutional Protection For Health Information Privacy, Wendy K. Mariner
Reconsidering Constitutional Protection For Health Information Privacy, Wendy K. Mariner
Faculty Scholarship
What kinds of health information should be reported to government for civil purposes? Several competing trends encourage efforts to reassess the scope of constitutional protection for health information: the social and commercial value of health information; the amount of data held by third parties, from health care providers to internet servers; critiques of the third party doctrine exception to Fourth Amendment protection; and concerns about the loss of privacy. This article describes a variety of civil purposes for which health information is collected today. A close analysis of cases applying the third party doctrine, administrative search principles, and the special …
Constitutionalizing Systemic Administration, Gillian E. Metzger
Constitutionalizing Systemic Administration, Gillian E. Metzger
Faculty Scholarship
Will the national administrative state as we know it survive? That question has risen to the fore with the advent of the Trump presidency. The President’s chief strategist has proclaimed “deconstructing the administrative state” to be one of the main pillars of the Trump Administration. Philip Rucker & Robert Costa, Bannon Vows a Daily Fight for ‘Deconstruction of the Administrative State,’ WASH. POST (Feb. 23, 2017). Early Trump actions have been notably anti-regulatory, including requirements that agencies repeal two regulations for each new regulation they propose, keep additional regulatory costs at zero, and plan for reorganization.
The Challenges Of Fitting Principled Modern Government – A Unified Public Law – To An Eighteenth Century Constitution, Peter L. Strauss
The Challenges Of Fitting Principled Modern Government – A Unified Public Law – To An Eighteenth Century Constitution, Peter L. Strauss
Faculty Scholarship
The papers presented at a fall 2016 conference at Cambridge University, The Unity of Public Law?, generally addressed issues of judicial review in the UK, Canada, Australia and New Zealand, often from a comparative perspective and the view that unifying impulses in “public law” arose from the common law. Accepting what Justice Harlan Fisk Stone once characterized as the ideal of “a unified system of judge-made and statute law woven into a seamless whole by [judges],” The Common Law in the United States, 50 Harvard L Rev 4 (1936), this paper considers a variety of issues that have complicated maintaining …