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Full-Text Articles in Law

Creating A Legal Research Audit: Assessing Competency, Mary Jenkins, Gail Partin, Sally H. Wise Feb 2015

Creating A Legal Research Audit: Assessing Competency, Mary Jenkins, Gail Partin, Sally H. Wise

Articles

No abstract provided.


Clear And Simple Deportation Rules For Crimes: Why We Need Them And Why It's Hard To Get Them, Rebecca Sharpless Jan 2015

Clear And Simple Deportation Rules For Crimes: Why We Need Them And Why It's Hard To Get Them, Rebecca Sharpless

Articles

In Padilla v. Kentucky, the U.S. Supreme Court held that defense attorneys have a Sixth Amendment duty to advise noncitizen clients of the "clear" immigration consequences of a proposed plea agreement. This Article argues that the Court's reference to clarity denotes predictability, not simplicity, and that defense attorneys must advise their clients of predictable immigration consequences, even if they are difficult to ascertain. The scope of this duty has broadened as the U.S. Supreme Court has made the crime-related deportation rules more determinate, although many rules remain complex. A legislative move to a regime of simple deportation ...


Someone Who'll Watch Over Me, Patrick O. Gudridge Jan 2015

Someone Who'll Watch Over Me, Patrick O. Gudridge

Articles

No abstract provided.


Antitrust In Zero-Price Markets: Foundations, John M. Newman Jan 2015

Antitrust In Zero-Price Markets: Foundations, John M. Newman

Articles

"Zero-price markets," wherein firms set the price of their goods or services at so, have exploded in quantity and variety. Creative content, software, search functions, social media platforms, mobile applications, travel booking, navigation and mapping systems, and myriad other goods and services are now widely distributed at zero prices. But despite the exponential increase in the volume of zero-price products being consumed, antitrust institutions and analysts have failed to provide an adequate response to markets without prices.

Modern antitrust law is firmly grounded in neoclassical economics, which is in turn centered on price theory. Steeped in price theory, preeminent antitrust ...


Disclosing Disclosure's Defects: Addressing Corporate Irresponsibility For Human Rights Impacts, Marcia Narine Jan 2015

Disclosing Disclosure's Defects: Addressing Corporate Irresponsibility For Human Rights Impacts, Marcia Narine

Articles

Although many people believe that the role of business is to maximize shareholder value, corporate executives and board members can no longer ignore their companies' human rights impacts on other stakeholders. Over the past four years, the role and responsibility of non-state actors such as multinationals has come under increased scrutiny. In 2011, the United Nations Human Rights Council unanimously endorsed the "UN Guiding Principles on Business and Human Rights," which outline the State duty to protect human rights, the corporate responsibility to respect human rights, and both the State and corporations' duties to provide remedies to parties. The Guiding ...


Keeping Track Of Conservation, Jessica Owley Jan 2015

Keeping Track Of Conservation, Jessica Owley

Articles

Throughout the world, governments require land protection in exchange for development permits. Unfortunately, oftentimes scant attention has been paid to these land protection programs after development. Agencies and permit applicants agree on mitigation rules, but there appears to be little follow-up. When we do not know where conservation is occurring and cannot determine the rules of mitigation projects, the likelihood that they will be successful or enforced diminishes. I journeyed to California in search of answers by tracing four mitigation plans associated with the Federal Endangered Species Act. While I anticipated some difficulties, the tale is more alarming than expected ...


Commentary: Exploiting Mixed Speech, Caroline Mala Corbin Jan 2015

Commentary: Exploiting Mixed Speech, Caroline Mala Corbin

Articles

The Supreme Court has been taking advantage of mixed speech—that is, speech that is both private and governmental—to characterize challenged speech in a way that ultimately permits the government to sponsor Christian speech. In Pleasant Grove City v. Summum, a free speech case where the government accepted a Christian Ten Commandments monument but rejected a Summum Seven Aphorisms monument, the Court held that privately donated monuments displayed in public parks were government speech as opposed to private speech and therefore not subject to free speech limits on viewpoint discrimination. In Town of Greece v. Galloway, an establishment case ...


Corporate Religious Liberty, Caroline Mala Corbin Jan 2015

Corporate Religious Liberty, Caroline Mala Corbin

Articles

No abstract provided.


Intentional Discrimination In Establishment Clause Jurisprudence, Caroline Mala Corbin Jan 2015

Intentional Discrimination In Establishment Clause Jurisprudence, Caroline Mala Corbin

Articles

In Town of Greece, New York v. Galloway, the Supreme Court upheld a legislative prayer practice with overwhelmingly Christian prayers in part because the Court concluded that the exclusion of all other religions was unintentional. This requirement-that a religiously disparate impact must be intentional before it amounts to an establishment violation-is new for Establishment Clause doctrine. An intent requirement, however, is not new for equal protection or free exercise claims. This Essay explores the increased symmetry between the Establishment Clause, the Equal Protection Clause, and the Free Exercise Clause. It argues that many of the critiques of the intentional discrimination ...


Speech Or Conduct? The Free Speech Claims Of Wedding Vendors, Caroline Mala Corbin Jan 2015

Speech Or Conduct? The Free Speech Claims Of Wedding Vendors, Caroline Mala Corbin

Articles

No abstract provided.


From Anonymity To Identification, A. Michael Froomkin Jan 2015

From Anonymity To Identification, A. Michael Froomkin

Articles

This article examines whether anonymity online has a future. In the early days of the Internet, strong cryptography, anonymous remailers, and a relative lack of surveillance created an environment conducive to anonymous communication. Today, the outlook for online anonymity is poor. Several forces combine against it: ideologies that hold that anonymity is dangerous, or that identifying evil-doers is more important than ensuring a safe mechanism for unpopular speech; the profitability of identification in commerce; government surveillance; the influence of intellectual property interests and in requiring hardware and other tools that enforce identification; and the law at both national and supranational ...


Dark Money In Motion: Mapping Issues Along The Money Trail, Frances R. Hill Jan 2015

Dark Money In Motion: Mapping Issues Along The Money Trail, Frances R. Hill

Articles

No abstract provided.


A Dormant Commerce Clause Approach To Interstate Electricity Transmission, Felix Mormann Jan 2015

A Dormant Commerce Clause Approach To Interstate Electricity Transmission, Felix Mormann

Articles

No abstract provided.


Identity And Narrative: Turning Oppression Into Client Empowerment In Social Security Disability Cases, Jonel Newman Jan 2015

Identity And Narrative: Turning Oppression Into Client Empowerment In Social Security Disability Cases, Jonel Newman

Articles

No abstract provided.


The Case For Categorical Nonenforcement, Leigh Osofsky Jan 2015

The Case For Categorical Nonenforcement, Leigh Osofsky

Articles

No abstract provided.


Distinguishing Deductible Repairs From Capitalized Improvements: An Expectations Approach To The New Repair Regulations, George Mundstock, Thomas J. Korge Jan 2015

Distinguishing Deductible Repairs From Capitalized Improvements: An Expectations Approach To The New Repair Regulations, George Mundstock, Thomas J. Korge

Articles

No abstract provided.


Legal Pluralism And Empires 1500-1850 (Book Review), Kunal Parker Jan 2015

Legal Pluralism And Empires 1500-1850 (Book Review), Kunal Parker

Articles

No abstract provided.


Mindful Ethics And The Cultivation Of Concentration, Scott L. Rogers, Jan L. Jacobowitz Jan 2015

Mindful Ethics And The Cultivation Of Concentration, Scott L. Rogers, Jan L. Jacobowitz

Articles

No abstract provided.


Teaching Emotional Intelligence To Law Students: Three Keys To Mastery, William S. Blatt Jan 2015

Teaching Emotional Intelligence To Law Students: Three Keys To Mastery, William S. Blatt

Articles

No abstract provided.


A "Faustian Pact"? Native Advertising And The Future Of The Press, Lili Levi Jan 2015

A "Faustian Pact"? Native Advertising And The Future Of The Press, Lili Levi

Articles

As technology undermines the economic model supporting the traditional press, news organizations are succumbing to the siren call of "native advertising" – a new marketing technique for unobtrusively integrating paid advertising into editorial content. Brands are increasingly turning to native ads to preempt consumers' well-documented ad avoidance. Although the native advertising model debuted on digital-native news sites, it is now ubiquitous in elite legacy media as well. Everyone knew "native" had arrived for good when the venerable New York Times not only introduced its online "Paid Post," but incorporated sponsored content in its print editions, and even hired an in-house branded ...


Default Localism, Or: How Many Laboratories Does It Take To Make A Movement, Kathleen Claussen Jan 2015

Default Localism, Or: How Many Laboratories Does It Take To Make A Movement, Kathleen Claussen

Articles

No abstract provided.


Buying Teams, Andres Sawicki Jan 2015

Buying Teams, Andres Sawicki

Articles

No abstract provided.


Resistance Songs: Mobilizing The Law And Politics Of Community, Anthony V. Alfieri Jan 2015

Resistance Songs: Mobilizing The Law And Politics Of Community, Anthony V. Alfieri

Articles

No abstract provided.


Representing Interdisciplinarity, Kunal Parker Jan 2015

Representing Interdisciplinarity, Kunal Parker

Articles

No abstract provided.


Standing (In) For The Government, Sergio J. Campos Jan 2015

Standing (In) For The Government, Sergio J. Campos

Articles

No abstract provided.


Rethinking Insider Trading Regulation, Caroline Bradley Jan 2015

Rethinking Insider Trading Regulation, Caroline Bradley

Articles

No abstract provided.


The Problem Of Local Methods In Cross-Border Insolvencies, Andrew B. Dawson Jan 2015

The Problem Of Local Methods In Cross-Border Insolvencies, Andrew B. Dawson

Articles

No abstract provided.


Clean Energy Federalism, Felix Mormann Jan 2015

Clean Energy Federalism, Felix Mormann

Articles

Legal scholarship tends to approach the law and policy of clean energy from an environmental law perspective. As hydraulic fracturing, renewable energy integration, nuclear reactor (re)licensing, transport biofuel mandates, and other energy issues have pushed to the forefront of the environmental law debate, clean energy law has begun to emancipate itself. The emerging literature on clean energy federalism is a symptom of this emancipation. This Article adds to that literature by offering two case studies, a novel model for policy integration, and theoretical insights to elucidate the relationship between environmental federalism and clean energy federalism.

Renewable portfolio standards and ...


Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin Jan 2015

Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin

Articles

Encroachments on privacy through mass surveillance greatly resemble the pollution crisis in that they can be understood as imposing an externality on the surveilled. This Article argues that this resemblance also suggests a solution: requiring those conducting mass surveillance in and through public spaces to disclose their plans publicly via an updated form of environmental impact statement, thus requiring an impact analysis and triggering a more informed public conversation about privacy. The Article first explains how mass surveillance is polluting public privacy and surveys the limited and inadequate doctrinal tools available to respond to mass surveillance technologies. Then, it provides ...


Self-Defense Against Robots And Drones, A. Michael Froomkin, P. Zak Colangelo Jan 2015

Self-Defense Against Robots And Drones, A. Michael Froomkin, P. Zak Colangelo

Articles

Robots can pose-or can appear to pose-a threat to life, property, and privacy. May a landowner legally shoot down a trespassing drone? Can she hold a trespassing autonomous car as security against damage done or further torts? Is the fear that a drone may be operated by a paparazzo or Peeping Tom sufficient grounds to disable or interfere with it? How hard may you shove if the office robot rolls over your foot? This Article addresses all those issues and one more. what rules and standards we could put into place to make the resolution of those questions easier and ...