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Articles 31 - 60 of 106
Full-Text Articles in Law
Vol. 42, No. 10 (March 26, 2012)
Vol. 42, No. 09 (March 19, 2012)
Vol. 42, No. 08 (March 5, 2012)
Vol. 42, No. 07 (February 27, 2012)
Vol. 42, No. 06 (February 20, 2012)
Vol. 42, No. 05 (February 13, 2012)
The Need To Give Workers Protection From Forced Political Contributions To Corporations, Kenneth G. Dau-Schmidt
The Need To Give Workers Protection From Forced Political Contributions To Corporations, Kenneth G. Dau-Schmidt
Public Testimony by Maurer Faculty
No abstract provided.
Vol. 42, No. 04 (February 6, 2012)
Robel Settles Into Interim Provostship, Kristen Clark
Robel Settles Into Interim Provostship, Kristen Clark
Lauren Robel (2002 Acting; 2003-2011)
No abstract provided.
Greetings From Bloomington, Hannah Buxbaum
Greetings From Bloomington, Hannah Buxbaum
Hannah Buxbaum (2011-2013 Interim)
No abstract provided.
Vol. 42, No. 03 (January 30, 2012)
Vol. 42, No. 02 (January 23, 2012)
Vol. 42, No. 01 (January 17, 2012)
Greetings From The Office Of The Dean, Hannah L. Buxbaum
Greetings From The Office Of The Dean, Hannah L. Buxbaum
Hannah Buxbaum (2011-2013 Interim)
No abstract provided.
Issues Facing Academic Law Libraries - New Challenges, New Opportunities, Linda K. Fariss
Issues Facing Academic Law Libraries - New Challenges, New Opportunities, Linda K. Fariss
Articles by Maurer Faculty
Law libraries are facing new challenges, including evolving methods of legal research, and space and budget constraints. This article explores those challenges, and looks at the opportunities that accompany changes.
Undermining Congressional Overrides: The Hydra Problem In Statutory Interpretation, Deborah Widiss
Undermining Congressional Overrides: The Hydra Problem In Statutory Interpretation, Deborah Widiss
Articles by Maurer Faculty
Statutory overrides — that is, amendments to supersede a judicial interpretation of a statute — are the primary mechanism by which Congress signals disagreement with court interpretations; they are essential to protect the separation of powers and the promise of legislative supremacy. But in Gross v. FBL Financial Services, the Supreme Court held that Congress’s override of a judicial interpretation of Title VII did not control the interpretation of identical language in the Age Discrimination in Employment Act, and further that Congress’s “neglecting” to amend the ADEA when it amended Title VII was a clear signal that Congress intended the …
Law, Politics, And Cost-Benefit Analysis, Daniel H. Cole
Law, Politics, And Cost-Benefit Analysis, Daniel H. Cole
Articles by Maurer Faculty
This Article explores the significant role cost–benefit analysis (CBA) plays in facilitating or impeding legislative and regulatory policy decisions. The Article centers around three case studies of CBAs the EPA prepared under three different presidents: (1) Clinton Administration changes to Clean Air Act air quality standards for ozone and particulate matter; (2) President Obama’s recent decision to suspend the EPA’s reconsideration of the Bush Administration’s air quality standard for ozone; and (3) the George W. Bush Administration’s “Clear Skies” legislative initiative. The first two case studies demonstrate, between them, how well-constructed CBAs can facilitate social-welfare-enhancing and impede welfare-reducing rules, even …
Friends, Gangbangers, Custody Disputants, Lend Me Your Passwords, Aviva Orenstein
Friends, Gangbangers, Custody Disputants, Lend Me Your Passwords, Aviva Orenstein
Articles by Maurer Faculty
Whenever parties seek to introduce out-of-court statements, evidentiary issues of hearsay and authentication will arise. As methods of communication expand, the Rules of Evidence must necessarily keep pace. The rules remain essentially the same, but their application vary with new modes of communication. Evidence law has been very adaptable in some ways, and notoriously conservative, even stodgy, in others. Although statements on Facebook and other social media raise some interesting questions concerning the hearsay rule and its exceptions, there has been little concern about applying the hearsay doctrine to such forms of communication. By contrast, such new media have triggered …
La Mutation Des Sources Du Droit Constitutionnel, Elisabeth Zoller
La Mutation Des Sources Du Droit Constitutionnel, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
Evading Legislative Jurisdiction, Austen L. Parrish
Evading Legislative Jurisdiction, Austen L. Parrish
Articles by Maurer Faculty
In the last few years, and mostly unnoticed, courts have adopted a radically different approach to issues of legislative jurisdiction. Instead of grappling with the difficult question of whether Congress intended a law to reach beyond U.S. borders, courts have side-stepped it entirely. Courts have done so by redefining the definition of extraterritoriality. Significant and contentious decisions in the Ninth and D.C. Circuits paved the way by holding that not all regulation of overseas foreign conduct is extraterritorial. And then suddenly, last term, the U.S. Supreme Court breathed life into the practice. In its landmark Morrison v. National Australia Bank …
Book Review. Pollack, S. D., War, Revenue, And State Building: Financing The Development Of The American State, Ajay K. Mehrotra
Book Review. Pollack, S. D., War, Revenue, And State Building: Financing The Development Of The American State, Ajay K. Mehrotra
Articles by Maurer Faculty
No abstract provided.
The Obama Administration’S Decision To Defend Constitutional Equality Rather Than The Defense Of Marriage Act, Dawn E. Johnsen
The Obama Administration’S Decision To Defend Constitutional Equality Rather Than The Defense Of Marriage Act, Dawn E. Johnsen
Articles by Maurer Faculty
When President Barack Obama announced his view that the Defense of Marriage Act1 (DOMA) violated the Fifth Amendment’s guarantee of equal protection,2 he joined a storied line of Presidents who have acted upon their own constitutional determinations in the absence of, and on rare occasion contrary to, those of the U.S. Supreme Court. How best to proceed in the face of a federal statute the President considers unconstitutional can involve complex judgments, as was true of the difficult decision to enforce but not defend DOMA. Ordinarily the Department of Justice should adhere to its tradition of defending statutes against constitutional …
Do Vcs Use Inside Rounds To Dilute Founders? Some Evidence From Silicon Valley, Brian Broughman, Jesse Fried
Do Vcs Use Inside Rounds To Dilute Founders? Some Evidence From Silicon Valley, Brian Broughman, Jesse Fried
Articles by Maurer Faculty
In the bank-borrower setting, a firm's existing lender may exploit its positional advantage to extract rents from the firm in subsequent financings. Analogously, a startup's existing venture capital investors (VCs) may dilute the founder through a follow-on financing from these same VCs (an “inside” round) at an artificially low valuation. Using a hand-collected dataset of Silicon Valley startup firms, we find little evidence that VCs use inside rounds to dilute founders. Instead, our findings suggest that inside rounds are generally used as “backstop financing” for startups that cannot attract new money, and these rounds are conducted at relatively high valuations …
Degree Pedigree: Assessing The Effect Of Degree-Granting Institutions’ Ranks On Prospective Employment At Academic Law Libraries, Ashley A. Ahlbrand, Michael Johnson
Degree Pedigree: Assessing The Effect Of Degree-Granting Institutions’ Ranks On Prospective Employment At Academic Law Libraries, Ashley A. Ahlbrand, Michael Johnson
Articles by Maurer Faculty
In the academic law library hiring process, candidates are assessed based on a variety of factors. The study conducted here focuses on education—specifically the institutional rank of degree-granting law and library science institutions—to explore how the rank of one’s graduate education might influence hiring decisions at academic law libraries.
Book Review. Legal Education In Asia: Globalization, Change And Contexts, Carole Silver
Book Review. Legal Education In Asia: Globalization, Change And Contexts, Carole Silver
Articles by Maurer Faculty
No abstract provided.
Reconfiguring Sex, Gender, And The Law Of Marriage, Deborah Widiss
Reconfiguring Sex, Gender, And The Law Of Marriage, Deborah Widiss
Articles by Maurer Faculty
This article brings together legal, historical, and social science research to analyze how couples allocate income-producing and domestic responsibilities. It develops a framework—what I call the marriage equation—that shows how sex-based classifications, (non-sex-specific) substantive marriage law, and gender norms interrelate to shape these choices. Constitutional decisions in the 1970s ended legal distinctions between the duties of husbands and wives but left largely in place both gender norms and substantive rights within marriage, tax, and benefits law that encourage specialization into breadwinning and caregiving roles. By permitting disaggregation of the marriage equation, the new reality of same-sex marriage can serve as …