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Corporate Religious Liberty: Why Corporations Are Not Entitled To Religious Exemptions, Caroline Mala Corbin Jan 2014

Corporate Religious Liberty: Why Corporations Are Not Entitled To Religious Exemptions, Caroline Mala Corbin

Short Works

No abstract provided.


Citizens United And Social Welfare Organizations: The Tangled Relationships Among Guidance, Compliance, And Enforcement, Frances R. Hill Jan 2014

Citizens United And Social Welfare Organizations: The Tangled Relationships Among Guidance, Compliance, And Enforcement, Frances R. Hill

Articles

No abstract provided.


Objecting To Race, Anthony V. Alfieri Jan 2014

Objecting To Race, Anthony V. Alfieri

Articles

No abstract provided.


Opening The Floodgates Of Small Customer Claims In Finra Arbitration: Finra V. Charles Schwab & Co., Inc., Teresa J. Verges Jan 2014

Opening The Floodgates Of Small Customer Claims In Finra Arbitration: Finra V. Charles Schwab & Co., Inc., Teresa J. Verges

Articles

No abstract provided.


Downsides Of Social Capital, Alejandro Portes Jan 2014

Downsides Of Social Capital, Alejandro Portes

Articles

No abstract provided.


Representing Entities: The Value Of Teaching Students How To Draft Board Resolutions And Other Similar Documentation, Joan Mcleod Heminway, Marcia Narine Jan 2014

Representing Entities: The Value Of Teaching Students How To Draft Board Resolutions And Other Similar Documentation, Joan Mcleod Heminway, Marcia Narine

Articles

No abstract provided.


Climate Change And Business Law In The United States: Using Procurement, Pay, And Policy Changes To Influence Corporate Behavior, Marcia Narine Jan 2014

Climate Change And Business Law In The United States: Using Procurement, Pay, And Policy Changes To Influence Corporate Behavior, Marcia Narine

Articles

No abstract provided.


From Vacant Lots To Full Pantries: Urban Agriculture Programs And The American City, Jessica Owley, Tonya Lewis Jan 2014

From Vacant Lots To Full Pantries: Urban Agriculture Programs And The American City, Jessica Owley, Tonya Lewis

Articles

No abstract provided.


Compelled Disclosures, Caroline Mala Corbin Jan 2014

Compelled Disclosures, Caroline Mala Corbin

Articles

Courts have faced a wave of compelled disclosure cases recently. By government mandate, tobacco manufacturers must include graphic warnings on their cigarette packages, doctors must show and describe ultrasound images of fetuses to women seeking to abort them, and crisis pregnancy centers must disclose that they do not provide contraception or abortion services. Although applying the same compelled speech doctrine to similar issues, appeals courts have reached very different results in challenges to these laws. Drawing from First Amendment theory, this Article first identifies why compelled disclosures undermine free speech values. It then applies those insights to the specific examples ...


Pensioners, Bondholders, And Unfair Discrimination In Municipal Bankruptcy, Andrew B. Dawson Jan 2014

Pensioners, Bondholders, And Unfair Discrimination In Municipal Bankruptcy, Andrew B. Dawson

Articles

Detroit recently confirmed its plan of debt adjustment under which the city has endeavored to adjust its pension obligations. The court's confirmation order and oral opinion on the record present what is perhaps the most significant decision regarding a key question facing any city attempting to adjust pensions in bankruptcy: can a city propose to pay its pension claimants significantly more than its other unsecured creditors? This question involves interpreting the Bankruptcy Code's unfair discrimination rule.

The Detroit bankruptcy court applied a novel interpretation of unfair discrimination, eschewing the relatively thin body of case law interpreting this rule ...


Claim Funders And Commercial Claim Holders: A Common Interest Or A Common Problem?, Michele M. Destefano Jan 2014

Claim Funders And Commercial Claim Holders: A Common Interest Or A Common Problem?, Michele M. Destefano

Articles

Commercial claim funding, where funders invest in business disputes in exchange for a percentage of any eventual settlement or judgment, is a growing industry in the United States. Funders may request confidential information about the claim and litigation strategy both before deciding to invest (to analyze the strength of the claim) and during the course of the financial relationship (to manage the investment). Further, these funders may work and communicate with claim holders and lawyers about the claim. However, there has been little caselaw and little in-depth analysis on whether--and in what circumstances-the attorney--client privilege and work-product doctrine can be ...


Bastards! . . .. And The Welfare Plantation, Zanita E. Fenton Jan 2014

Bastards! . . .. And The Welfare Plantation, Zanita E. Fenton

Articles

No abstract provided.


Criminalizing Revenge Porn, Danielle Keats Citron, Mary Anne Franks Jan 2014

Criminalizing Revenge Porn, Danielle Keats Citron, Mary Anne Franks

Articles

No abstract provided.


White Like Me: The Negative Impact Of The Diversity Rationale On White Identity Formation, Osamudia R. James Jan 2014

White Like Me: The Negative Impact Of The Diversity Rationale On White Identity Formation, Osamudia R. James

Articles

In several cases addressing the constitutionality of affirmative action admissions policies, the Supreme Court has recognized a compelling state interest in schools with diverse student populations. According to the Court and affirmative action proponents, the pursuit of diversity does not only benefit minority students who gain expanded access to elite institutions through affirmative action. Rather, diversity also benefits white students who grow through encounters with minority students, it contributes to social and intellectual life on campus, and it serves society at large by aiding the development of citizens equipped for employment and citizenship in an increasingly diverse country.

Recent scholarship ...


Green Go! - The Military's Sustainability Mission, Felix Mormann Jan 2014

Green Go! - The Military's Sustainability Mission, Felix Mormann

Articles

No abstract provided.


The Irs As Tax Law Nonenforcer, Leigh Osofsky Jan 2014

The Irs As Tax Law Nonenforcer, Leigh Osofsky

Articles

No abstract provided.


Unwinding The Ceiling Rule, Leigh Osofsky Jan 2014

Unwinding The Ceiling Rule, Leigh Osofsky

Articles

This article closely examines the unwinding of the ceiling rule. Congress and partnership tax experts historically have assumed perfect unwinding of the ceiling rule on liquidation or sale of a partnership interest. However, this assumption glosses over a significantly more complicated reality. This article closely examines the history of section 704(c) and the interaction between the ceiling rule and the rules regarding sales and liquidations of partnership interests to reveal the extent to which the assumption does not hold. By debunking long-held assumptions about the perfect unwinding of the ceiling rule, this article displays that there is no reasonable ...


Repetition In History: Anglo-American Legal Debates And The Writings Of Walter Bagehot, Kunal Parker Jan 2014

Repetition In History: Anglo-American Legal Debates And The Writings Of Walter Bagehot, Kunal Parker

Articles

No abstract provided.


New Law School Fields Of Study: Compliance And Risk Management, Robert Rosen Jan 2014

New Law School Fields Of Study: Compliance And Risk Management, Robert Rosen

Articles

No abstract provided.


The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty's Unraveling, Scott E. Sundby Jan 2014

The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty's Unraveling, Scott E. Sundby

Articles

No abstract provided.


Latcrit 2013 Conference Symposium Afterword:Theorizing And Building Critical Coalitions: Outsider Society And Academic Praxis In Local/Global Justice Struggles, Francisco Valdes Jan 2014

Latcrit 2013 Conference Symposium Afterword:Theorizing And Building Critical Coalitions: Outsider Society And Academic Praxis In Local/Global Justice Struggles, Francisco Valdes

Articles

No abstract provided.


Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes Jan 2014

Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes

Articles

No abstract provided.


Breaking Glass: Identity, Community And Epistemology In Theory, Law And Education, Francisco Valdes Jan 2014

Breaking Glass: Identity, Community And Epistemology In Theory, Law And Education, Francisco Valdes

Articles

No abstract provided.


Military Justice As Justice: Fitting Confrontation Clause Jurisprudence Into Military Commissions, Christina Frohock Jan 2014

Military Justice As Justice: Fitting Confrontation Clause Jurisprudence Into Military Commissions, Christina Frohock

Articles

The Guantánamo prosecution of Abd al-Rahim al-Nashiri, the alleged mastermind behind the deadly USS Cole bombing, highlights an unresolved issue in military commissions: whether the Confrontation Clause of the Sixth Amendment to the Constitution applies to bar hearsay statements of unavailable witnesses. While al-Nashiri's counsel recently moved for the military judge to take judicial notice that the Confrontation Clause applies, it is worth considering that the question may be framed differently. Rather than ask whether the Confrontation Clause applies in a military commission, we may ask whether a "testimonial statement" - the only kind of hearsay evidence that triggers the ...


Cultivating Professional Identity & Creating Community: A Tale Of Two Innovations, Jan L. Jacobowitz Jan 2014

Cultivating Professional Identity & Creating Community: A Tale Of Two Innovations, Jan L. Jacobowitz

Articles

No abstract provided.


The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers Jan 2014

The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers

Articles

No abstract provided.


I Am/I Am Not: On Angela Harris's Race And Essentialism In Feminist Legal Theory, Mary Anne Franks Jan 2014

I Am/I Am Not: On Angela Harris's Race And Essentialism In Feminist Legal Theory, Mary Anne Franks

Articles

In 1990, Angela Harris wrote an article that interrogated the limitations of feminist legal theory. Nearly a quarter of a century later, the insights and challenges Harris offered in Race and Essentialism in Feminist Legal Theory continue to reverberate. The influence of her ideas can be seen in the fractured and passionate conversations about gender, race, and solidarity occurring both inside and outside of academia. In recent years, we have witnessed an explosion of debate of these topics in social media forums such as Twitter and Facebook. Far from being trivial, the intensity and persistence of these conversations suggest a ...


The M/V "Virginia G" (Panama/Guinea-Bissau). Case No. 19. 53 Ilm 1164 (2014). International Tribunal For The Law Of The Sea, April 14, 2014., Bernard H. Oxman, Vincent P. Cogliati-Bantz Jan 2014

The M/V "Virginia G" (Panama/Guinea-Bissau). Case No. 19. 53 Ilm 1164 (2014). International Tribunal For The Law Of The Sea, April 14, 2014., Bernard H. Oxman, Vincent P. Cogliati-Bantz

Articles

No abstract provided.


Green Siting For Green Energy, Amy Morris, Jessica Owley, Emily Capello Jan 2014

Green Siting For Green Energy, Amy Morris, Jessica Owley, Emily Capello

Articles

No abstract provided.


Roll Back "Prison Nation", Donna Coker Jan 2014

Roll Back "Prison Nation", Donna Coker

Articles

No abstract provided.