Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 50

Full-Text Articles in Law

Smarter Finance For Cleaner Energy: Open Up Master Limited Partnerships (Mlps) And Real Estate Investment Trusts (Reits) To Renewable Energy Investment, Felix Mormann, Dan Reicher Nov 2012

Smarter Finance For Cleaner Energy: Open Up Master Limited Partnerships (Mlps) And Real Estate Investment Trusts (Reits) To Renewable Energy Investment, Felix Mormann, Dan Reicher

Short Works

Master Limited Partnerships (MLPs) and Real Estate Investment Trusts (REITs)—both well-established investment structures—should be opened up to renewable energy investment. MLPs and, more recently, REITs have a proven track record for promoting oil, gas, and other traditional energy sources. When extended to renewable energy projects these tools will help promote growth, move renewables closer to subsidy independence, and vastly broaden the base of investors in America’s energy economy. The extension of MLPs and REITs to renewables enjoys significant support from the investment and clean energy communities. In addition, MLPs for renewables also enjoy bipartisan political backing in ...


Hard To Believe: The High Cost Of A Biometric Identity Card, A. Michael Froomkin, Jonathan Weinberg Feb 2012

Hard To Believe: The High Cost Of A Biometric Identity Card, A. Michael Froomkin, Jonathan Weinberg

Short Works

No abstract provided.


Striking Out Specious Claims In Mass Tort Global Settlements, Sergio J. Campos Jan 2012

Striking Out Specious Claims In Mass Tort Global Settlements, Sergio J. Campos

Articles

No abstract provided.


All Fact Is Beautiful Theory: The Romantic Philip Selznick, Robert Eli Rosen Jan 2012

All Fact Is Beautiful Theory: The Romantic Philip Selznick, Robert Eli Rosen

Articles

Properly understood, Philip Selznick is a chastened romantic of the Left and is mischaracterized as a man of the Right. To Marx, Selznick added insights derived form Freud and Dewey. He was committed to the moral primacy of facts and the conditions under which they realized values. Selznick’s organicism is discussed and critiqued.


The Connection Between Permanency And Education In Child Welfare Policy, Kele Stewart Jan 2012

The Connection Between Permanency And Education In Child Welfare Policy, Kele Stewart

Articles

No abstract provided.


The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers Jan 2012

The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers

Articles

No abstract provided.


Fidelity To Community: A Defense Of Community Lawyering, Anthony V. Alfieri Jan 2012

Fidelity To Community: A Defense Of Community Lawyering, Anthony V. Alfieri

Articles

No abstract provided.


Educating Lawyers For Community, Anthony V. Alfieri Jan 2012

Educating Lawyers For Community, Anthony V. Alfieri

Articles

This Essay is part of an ongoing classroom study and clinical service project addressing the mindful education of law students and the civic training of lawyers. Its purpose is to build a pedagogy of community and public citizenship within an outcome-based, rotation curricular model of legal education sketched out by commonly allied scholars in prior work here in the Wisconsin Law Review and elsewhere. The Essay seeks to advance this earlier curricular work by integrating ethics, education and psychology, and law and religion into a cohesive pedagogical approach to civic professionalism and community engagement. From the springboard of integration next ...


Who Are We? Parental Influences On Self-Identities And Self-Esteem Of Second Generation Youths In Spain, Alejandro Portes, Adrienne Celaya, Erik Vickstrom, Rosa Aparicio Jan 2012

Who Are We? Parental Influences On Self-Identities And Self-Esteem Of Second Generation Youths In Spain, Alejandro Portes, Adrienne Celaya, Erik Vickstrom, Rosa Aparicio

Articles

We review the literature on determinants of ethnic/national self-identities and self-esteem as a prelude to examining these outcomes among a large, statistically representative sample of second generation adolescents in Madrid and Barcelona. While these psycho-social outcomes are malleable, they still represent important dimensions of immigrant adaptation and can have significant consequences both for individual mobility and collective mobilizations. Current theories are largely based on data from the United States and other Anglophone countries. The availability of a new large Spanish survey allows us to test those theories in an entirely different socio-cultural context. In addition to having data on ...


More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless Jan 2012

More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless

Articles

Progressive legal scholars and practitioners have created a hierarchy within social justice lawyering. Direct service attorneys-nonprofit attorneys who focus on helping individuals in civil cases-sit at the bottom. In the 1960s, progressive theorists advanced a negative portrayal of direct service attorneys as a class. This discourse has continued through different phases in the development of progressive legal theory. Direct service work is done primarily by women in the service of women, has the aesthetic of traditional women's work, and can be understood as embodying the thesis that women have a greater existential and psychological connection to others than men ...


The Public Interest In International Arbitration, Jan Paulsson Jan 2012

The Public Interest In International Arbitration, Jan Paulsson

Articles

No abstract provided.


Beyond Separation In Federalism Enforcement: Medicaid Expansion, Coercion, And The Norm Of Engagement, Charlton C. Copeland Jan 2012

Beyond Separation In Federalism Enforcement: Medicaid Expansion, Coercion, And The Norm Of Engagement, Charlton C. Copeland

Articles

National Federation of Independent Business v. Sebelius may be known, in both the popular and academic commentaries, as the case about the Affordable Care Act's Individual Mandate provision. History may record it as one of the most significant cases in the jurisprudence of cooperative federalism. In invalidating part of the Medicaid Expansion provision, the Roberts Court became the first to invalidate a federal spending statute as unconstitutionally coercive of state governments. This decision has the potential to impact federal-state cooperative arrangements such as No Child Left Behind, and others far beyond the health care context.

This Article argues that ...


Debate: The Contraception Mandate And Religious Freedom, Steven D. Smith, Caroline Mala Corbin Jan 2012

Debate: The Contraception Mandate And Religious Freedom, Steven D. Smith, Caroline Mala Corbin

Articles

No abstract provided.


The Irony Of Hosanna-Tabor Evangelical Lutheran Church And School V Eeoc, Caroline Mala Corbin Jan 2012

The Irony Of Hosanna-Tabor Evangelical Lutheran Church And School V Eeoc, Caroline Mala Corbin

Articles

In Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, a schoolteacher sued her employer for retaliating against her in violation of the American with Disabilities Act (ADA). The success of her ADA claim turned on whether the Supreme Court thought that she was a minister. If she was not a minister, she would have probably won. After all, the school stated in writing that a main reason for her termination was her threatened lawsuit. But because the Supreme Court decided that she was a minister, and that ministers may not sue their religious employers for discrimination under the ministerial exception ...


Nonbelievers And Government Speech, Caroline Mala Corbin Jan 2012

Nonbelievers And Government Speech, Caroline Mala Corbin

Articles

In the past few years, nonbelievers have become much more prominent in the United States. But while their visibility has increased, they are still a small minority, and they remain disliked, distrusted, and not truly American in the eyes of many. As a result, many nonbelievers are hesitant about disclosing their views, and those who do often face hostility and discrimination.

This Article argues that government religious speech such as "In God We Trust" or a Latin cross war memorial violates the Establishment Clause in part because it exacerbates the precarious position of nonbelievers in this country. One of the ...


Nonlawyers Influencing Lawyers: Too Many Cooks In The Kitchen Or Stone Soup?, Michele M. Destefano Jan 2012

Nonlawyers Influencing Lawyers: Too Many Cooks In The Kitchen Or Stone Soup?, Michele M. Destefano

Articles

No abstract provided.


An Essay On Slavery's Hidden Legacy: Social Hysteria And Structural Condonation Of Incest, Zanita E. Fenton Jan 2012

An Essay On Slavery's Hidden Legacy: Social Hysteria And Structural Condonation Of Incest, Zanita E. Fenton

Articles

No abstract provided.


Social Media And The Press, Lili Levi Jan 2012

Social Media And The Press, Lili Levi

Articles

The Internet and social media are transforming news as we knew it, yet the precise consequences of these changes are not yet clear. Journalists now rely on Twitter, crowdsourcing is available through social media, facts and stories are googled, traditional print newspapers have websites and reporter blogs, "open newsrooms" invite community participation in the editorial process itself, video from citizen journalists is commonly used in mainstream media storytelling, bloggers consider themselves journalists, and media consolidation marries entities like AOL and the Huffington Post. In turn, changes in the news-access practices of readers are increasingly influencing the length, breadth, and subjects ...


The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen Jan 2012

The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen

Articles

Professionals working inside companies may bring with them frames of mind set by their professional experience and socialization. Lawyers, in particular, are said to "think like a lawyer"-to have a lawyer cast of mind. In seeking power within a company and in exercising the power that they obtain, professionals may draw on their professional background to frame, name, diagnose, and prescribe a remedy for the company's problems. In making decisions about their compliance with the law, companies are constrained not only by their environment, but also by their agents' understanding of whose (or what) interests the company should ...


Better Mistakes In Patent Law, Andres Sawicki Jan 2012

Better Mistakes In Patent Law, Andres Sawicki

Articles

This Article analyzes patent mistakes-that is, mistakes made by the patent system when it decides whether a particular invention has met the patentability requirements. These mistakes are inevitable. Given resource constraints, some might even be desirable. This Article evaluates the relative costs of patent mistakes, so that we can make better ones.

Three characteristics drive the costs of mistakes: their type (false positive or false negative), timing (early or late), and doctrinal basis (utility, novelty, nonobviousness, and so on). These characteristics make some mistakes more troubling than others.

This Article compares the costs of making mistakes of different types, at ...


Going Rogue: Stop The Beach Renourishment As An Object Of Morbid Fascination, Mary Doyle, Stephen J. Schnably Jan 2012

Going Rogue: Stop The Beach Renourishment As An Object Of Morbid Fascination, Mary Doyle, Stephen J. Schnably

Articles

Scholarly response to the Supreme Court's decision in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection has focused on the plurality's strong advocacy of a judicial takings doctrine. We take a different tack. While the concept of judicial takings is worthy of serious attention, it is wrong to treat the plurality opinion as an ordinary object of analysis. It is, instead, the emanation of a Court going rogue.

Three basic symptoms of the pathology stand out. First, sleight of hand. The plurality opinion purports to be about an institutional issue-can a state court commit a ...


Henry Friendly: The Judge, The Man, The Book, Mary I. Coombs Jan 2012

Henry Friendly: The Judge, The Man, The Book, Mary I. Coombs

Articles

No abstract provided.


“Brisas Del Mar”: Judicial And Political Outcomes Of The Cuban Rafter Crisis In Guantánamo, Christina Frohock Jan 2012

“Brisas Del Mar”: Judicial And Political Outcomes Of The Cuban Rafter Crisis In Guantánamo, Christina Frohock

Articles

No abstract provided.


Sexual Harassment 2.0, Mary Anne Franks Jan 2012

Sexual Harassment 2.0, Mary Anne Franks

Articles

Sexual harassment is a complex and evolving practice. The rise of sexual discrimination in cyberspace is only one of the most recent and most striking examples of the phenomenon's increasing complexity. Sexual harassment law, however, has not kept pace with this evolution. Discrimination law has not been adequately "updated" to address new and amplified practices of sex discrimination. Its two principal limitations are (1) it treats only sexual harassment that occurs in certain protected settings (e.g. the workplace or school) as actionable and (2) it assumes that both the activity and the resulting harm of sexual harassment occur ...


In Memoriam David J. Bederman (1961-2011), Bernard H. Oxman Jan 2012

In Memoriam David J. Bederman (1961-2011), Bernard H. Oxman

Articles

No abstract provided.


Introduction: Jessica Lenahan (Gonzales) V. United States: Implementation, Litigation, And Mobilization Strategies, Caroline Bettinger-López Jan 2012

Introduction: Jessica Lenahan (Gonzales) V. United States: Implementation, Litigation, And Mobilization Strategies, Caroline Bettinger-López

Articles

No abstract provided.


Teaching Elements Of Election Law Beyond The Disciplinary Borders Of "Election Law", Frances R. Hill Jan 2012

Teaching Elements Of Election Law Beyond The Disciplinary Borders Of "Election Law", Frances R. Hill

Articles

No abstract provided.


Erie As A Choice Of Enforcement Defaults, Sergio J. Campos Jan 2012

Erie As A Choice Of Enforcement Defaults, Sergio J. Campos

Articles

The Erie doctrine governs, among other things, when a federal court sitting in diversity jurisdiction may use a federal procedure that differs from the procedure a state court would use. Displacing the state procedure with the federal procedure (or not) may impact the substantive objectives of either state or federal law, but the current Erie doctrine provides little guidance. This Article argues that the Erie doctrine is best understood as governing a choice of enforcement defaults. As argued below, the primary function of civil liability is to protect a substantive entitlement to avoid the legal violation, either directly through specific ...


State Control Of Black Mothers, Donna Coker Jan 2012

State Control Of Black Mothers, Donna Coker

Articles

No abstract provided.


When Bad Speech Does Good, Mary Anne Franks Jan 2012

When Bad Speech Does Good, Mary Anne Franks

Articles

No abstract provided.