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Articles 1 - 30 of 16457
Full-Text Articles in Law
Federalizing Public Education, Thomas Kleven
Federalizing Public Education, Thomas Kleven
Thomas Kleven
This article assesses the case for federalizing public education in the United States. The starting point is a conception of democracy I call equitable sharing, meaning that the goods of social life must be equitably distributed among all society’s members. I argue that equitable sharing mandates society to ensure that all children have access to a relatively equal educational opportunity—i.e., a comparable opportunity to advance educationally as far as their abilities, interests and willingness to strive allow—at least through elementary and secondary school. To set the stage for discussing the merits of federalization, I examine various models through which society …
Research Handbook On Public Choice And Public Law, Anne O'Connell, Daniel Farber
Research Handbook On Public Choice And Public Law, Anne O'Connell, Daniel Farber
Daniel A Farber
No abstract provided.
Introduction: A Brief Trajectory Of Public Choice And Public Law, Daniel Farber, Anne O'Connell
Introduction: A Brief Trajectory Of Public Choice And Public Law, Daniel Farber, Anne O'Connell
Daniel A Farber
No abstract provided.
More Information, More Ripoffs: Experiments With Public And Private Information In Markets With Asymmetric Information, Bart Wilson
Bart J Wilson
No abstract provided.
The Ecological And Civil Mainsprings Of Property: An Experimental Economic History Of Whalers’ Rules Of Capture, Bart Wilson, Taylor Jaworski, Karl Schurter, Andrew Smyth
The Ecological And Civil Mainsprings Of Property: An Experimental Economic History Of Whalers’ Rules Of Capture, Bart Wilson, Taylor Jaworski, Karl Schurter, Andrew Smyth
Bart J Wilson
This paper uses a laboratory experiment to probe the proposition that property emerges anarchically out of social custom. We test the hypothesis that whalers in the 18th and 19th century developed rules of conduct that minimized the sum of the transaction and production costs of capturing their prey, the primary implication being that different ecological conditions lead to different rules of capture. Holding everything else constant, we find that simply imposing two different types of prey is insufficient to observe two different rules of capture. Another factor is essential, namely that the members of the community are civil-minded.
Exchange, Theft And The Social Formation Of Property, Bart Wilson, Erik Kimbrough, Vernon Smith
Exchange, Theft And The Social Formation Of Property, Bart Wilson, Erik Kimbrough, Vernon Smith
Bart J Wilson
No abstract provided.
Social Preferences Aren't Preferences, Bart Wilson
Social Preferences Aren't Preferences, Bart Wilson
Bart J Wilson
No abstract provided.
Discovering Economics In The Classroom With Experimental Economics And Teh Scottish Enlightenment, Bart Wilson, Taylor Jaworski, Vernon Smith
Discovering Economics In The Classroom With Experimental Economics And Teh Scottish Enlightenment, Bart Wilson, Taylor Jaworski, Vernon Smith
Bart J Wilson
No abstract provided.
The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom
The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom
Robert Bloom
United States after 9/11 decided to ignore various international laws and engaged in torture. Talk focused on how a democratic nation with high moral values could engage in such activity
History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom
History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom
Robert Bloom
No abstract provided.
Discourse Or Merely Noise? Regarding The Disagreement On Undocumented Migrants, Markus Gunneflo, Niklas Selberg
Discourse Or Merely Noise? Regarding The Disagreement On Undocumented Migrants, Markus Gunneflo, Niklas Selberg
Niklas Selberg
Fiduciary Accounting : Principles, Modern Applications, Illustrations, Katheleen Guzman, Mark Gillett, Kelly Bruns
Fiduciary Accounting : Principles, Modern Applications, Illustrations, Katheleen Guzman, Mark Gillett, Kelly Bruns
Mark R Gillett
No abstract provided.
Environmental Law And Policy: Nature, Law And Society, Zygmunt Plater, Robert Abrams, Robert Graham, Lisa Heinzerling, David Wirth, Noah Hall
Environmental Law And Policy: Nature, Law And Society, Zygmunt Plater, Robert Abrams, Robert Graham, Lisa Heinzerling, David Wirth, Noah Hall
David A. Wirth
This user-friendly book - noted for its comprehensive legal process approach to the depth and complexity of modern environmental law - gives students a solid doctrinal footing in the law and helps build their analytical skills. Environmental Law and Policy: Nature, Law, and Society, Fourth Edition, uses the legal process approach, building on a base of common law and constitutional law and continuing on to statutory and administrative law, to illustrate both the structure of the law and how it works.
Among the attributes that have made this classroom-tested casebook a favorite:
coverage not only of the staples of environmental …
Criminal Procedure: The Constitution And The Police, 6th, Mark Brodin, Robert Bloom
Criminal Procedure: The Constitution And The Police, 6th, Mark Brodin, Robert Bloom
Robert M. Bloom
Examples & Explanations: Criminal Procedure: The Constitution and the Police, Sixth Edition, using the method that has made it such a successful resource for students, continues to present the discussion of criminal procedure in a way that mirrors the sequence of real-life events in law enforcement.
Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow
Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow
Judith A. McMorrow
The materials in this book are organized around specific problems designed to encourage and focus class discussion. There are two other inherent organizing principles of the materials in this book. First, the philosophical materials are in the rough order in which the ideas themselves evolved in the history of philosophy. The materials have been revised since the book first was published in 1995 to address some of the burning ethical problems of our day, including terrorism, national security, and abuse of government power. The Second Edition also is reorganized to assist students to better appreciate philosophical theories underpinning discourse about …
Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman
Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman
Robert L. Hayman
This is a foreword to a compendium of writings by our lost friend and colleague, Bobby Lipkin, collected within a special issue of the Widener Law Review. Bobby’s constitutionalism beholds and celebrates that "no constitutional truths emanate from either politically unaccountable" courts or from paradigmatically imperfect constitutional legal theories. Rather, Bobby’s constitutionalism was participatory and justificatory: it derives from the Constitution’s republican democracy. The Constitution means what We the People allow it to mean at constitutional inflection points in our nation’s history. We miss Bobby dearly.
Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman
Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman
Erin Daly
This is a foreword to a compendium of writings by our lost friend and colleague, Bobby Lipkin, collected within a special issue of the Widener Law Review. Bobby’s constitutionalism beholds and celebrates that "no constitutional truths emanate from either politically unaccountable" courts or from paradigmatically imperfect constitutional legal theories. Rather, Bobby’s constitutionalism was participatory and justificatory: it derives from the Constitution’s republican democracy. The Constitution means what We the People allow it to mean at constitutional inflection points in our nation’s history. We miss Bobby dearly.
Presidential Succession And Inability: Before And After The Twenty-Fifth Amendment, John D. Feerick
Presidential Succession And Inability: Before And After The Twenty-Fifth Amendment, John D. Feerick
Fordham Law Review
The Framers of the Constitution did not spend a great deal of time on the succession provisions, but just enough to get the nation started. The Twenty-Fifth Amendment answered questions they left open in the area of presidential inability and gave further significance to the Vice Presidency, which had been adopted almost as an afterthought. As strong as the system of presidential succession may appear, complacency can easily set in, leading to an unwillingness to confront gaps and defects that reveal themselves along the way.
Several gaps in the area of presidential inability are triggered by the absence of any …
Turning Anti-Discrimination Laws On Their Head: Using Rhetoric To Attempt To Turn The Medicine Into The Illness, Todd Tolin
Student Works
No abstract provided.
Irs Breaks With Tax Court On Deduction Limits, Kimberly Stanley
Irs Breaks With Tax Court On Deduction Limits, Kimberly Stanley
Publications
The deduction of home mortgage interest is one of the most valuable and hotly debated benefits provided in the tax code to individuals. Since 1987, the code has restricted the interest deduction based on the amount of home mortgage debt the taxpayer has incurred, and the reasons for the debt. In a recent ruling, however, the Internal Revenue Service announced it would not follow a court ruling that limited the amount of deductible home mortgage interest — noteworthy because this time the IRS ruled in the taxpayer's favor.
State Of Utah V. Gary Lee Moody : Reply Brief, Utah Court Of Appeals
State Of Utah V. Gary Lee Moody : Reply Brief, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
Appeal from a judgment of conviction for Exploitation of a Vulnerable Adult, a third degree felony, in violation of Utah Code Ann. § 76-5-11 l(4)(b)(ii) (Supp. 2007); and Issuing a Bad Check or Draft, a third degree felony, in violation of Utah Code Ann. § 76-6-505(1) (Supp. 2007), in the Third Judicial District, in and for Salt Lake County, State of Utah, the Honorable Randall Skanchy presiding.
Law Reform And Transformative Change: A Panel At Cuny Law, Rikke Mananzala, Soniya Munshi, Nadia Qurashi, Elana Redfield, Dean Spade
Law Reform And Transformative Change: A Panel At Cuny Law, Rikke Mananzala, Soniya Munshi, Nadia Qurashi, Elana Redfield, Dean Spade
City University of New York Law Review
A panel discussion with Rickke Mananzala, Soniya Munshi, Nadia Qurashi, Elana Redfield, and Dean Spade. April 1, 2010
Suspect Fits Description: Responses To Racial Profiling In New York City, Darius Charney, Jesus Gonzalez, David M. Kennedy, Noel Leader, Robert Perry
Suspect Fits Description: Responses To Racial Profiling In New York City, Darius Charney, Jesus Gonzalez, David M. Kennedy, Noel Leader, Robert Perry
City University of New York Law Review
A panel discussion with Darius Charney, Jesus Gonzalez, David Kennedy, Noel Leader, and Robert Perry. September 29, 2010
Hispanic National Bar Association Commission On The Status Of Latinas In The Legal Profession: Study On Latina Attorneys In The Public Interest Sector, Jill Lynch Cruz, Melinda S. Molina, Jenny Rivera
Hispanic National Bar Association Commission On The Status Of Latinas In The Legal Profession: Study On Latina Attorneys In The Public Interest Sector, Jill Lynch Cruz, Melinda S. Molina, Jenny Rivera
City University of New York Law Review
This Report was originally prepared for and published by the Hispanic National Bar Association.
Advocacy For Tenant And Community Empowerment: Reflections On My First Year In Practice, Shekar Krishnan
Advocacy For Tenant And Community Empowerment: Reflections On My First Year In Practice, Shekar Krishnan
City University of New York Law Review
In May 2009, the landlord of a rent-stabilized building in Williamsburg, Brooklyn openly declared his intention to force out the current tenants if they did not leave on their own. Located on North 8th Street right off trendy Bedford Avenue, the property was prime real estate in Williamsburg. The only obstacles that stood between the landlord and the potential for him to reap large profits were the rent-stabilized status of the building and all the tenants who paid the regulated rent, a fraction of the market rate. Once he forced those tenants to leave, he could “gut rehab” the apartments, …
Can Tax Expenditure Analysis Be Divorced From A Normative Tax Base?: A Critique Of The 'New Paradigm' And Its Denouement, J. Clifton Fleming Jr., Robert J. Peroni
Can Tax Expenditure Analysis Be Divorced From A Normative Tax Base?: A Critique Of The 'New Paradigm' And Its Denouement, J. Clifton Fleming Jr., Robert J. Peroni
Faculty Scholarship
Tax expenditure analysis (TEA) requires a baseline for identifying tax provisions that provide subsidies or incentives instead of serving to define the tax base and to implement the tax. With respect to the federal income tax, the baseline historically has been the Schanz-Haig-Simons (SHS) definition of income with a few modifications. Critics have continuously and strongly attacked TEA by characterizing the SHS baseline as unprincipled, imprecise, and insufficiently related to our hybrid income/consumption tax system as it actually exists. Since the baseline is hopelessly defective, so the critics argue, TEA is fatally dysfunctional and the results of its application to …