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Articles 601 - 630 of 11098
Full-Text Articles in Law
Remixing Resources, Lee Fennell
Constitutionalizing Interstate Relations: The Temptation Of The Dark Side, William Baude
Constitutionalizing Interstate Relations: The Temptation Of The Dark Side, William Baude
Articles
No abstract provided.
Democracy As Failure, Aziz Z. Huq
The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse
The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse
Articles
No abstract provided.
Taxing Buybacks, Daniel Daniel, Gregg Polsky
The Foreign Tax Credit Implications Of Reallocating The Income Of "Digital" Taxpayers, Julie Roin
The Foreign Tax Credit Implications Of Reallocating The Income Of "Digital" Taxpayers, Julie Roin
Articles
No abstract provided.
Sex And The Constitution: Some Additional Views Of The Cathedral, Mary Anne Case
Sex And The Constitution: Some Additional Views Of The Cathedral, Mary Anne Case
Articles
No abstract provided.
Bankruptcy Shopping: Domestic Venue Races And Global Forum Wars, Anthony Casey, Joshua Macey
Bankruptcy Shopping: Domestic Venue Races And Global Forum Wars, Anthony Casey, Joshua Macey
Articles
No abstract provided.
Valuation Blunders In The Law Of Eminent Domain, Richard Epstein
Valuation Blunders In The Law Of Eminent Domain, Richard Epstein
Articles
No abstract provided.
Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams
Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams
Articles
No abstract provided.
Limiting The Pardon Power, Albert W. Alschuler
Limiting The Pardon Power, Albert W. Alschuler
Articles
Although our government is said to be one of checks and balances, the president’s power “to grant Reprieves and Pardons for Offenses against the United States” appears to be unlimited. In granting this power, the Framers deliberately cast structural safeguards aside. Nevertheless, the presidency of Donald Trump prompted a search for limits. This Article examines: (1) whether a president may pardon crimes that have not yet happened (or announce his intention to do so); (2) whether he may pardon himself; (3) whether he may use pardons to obstruct justice or commit other crimes; (4) whether criminal statutes should be construed …
Rethinking Prosecutorial Discretion In Immigration Enforcement, Nicole Hallett
Rethinking Prosecutorial Discretion In Immigration Enforcement, Nicole Hallett
Articles
Prosecutorial discretion in immigration enforcement stands at a crossroads. It was the centerpiece of Obama's immigration policy after efforts to pass comprehensive immigration reform failed. Under the Trump administration, it was declared all but dead, replaced by an ethos of maximum enforcement. Biden has promised a return to the status quo ante, but the record of using prosecutorial discretion to accomplish humanitarian goals in immigration enforcement under Obama was, at best, mixed. Moreover, it is unclear whether Biden can depend on the availability of programs such as Deferred Action for Childhood Arrivals (DACA), Obama's signature prosecutorial discretion program. Although the …
Zombie Energy Laws, Joshua Macey
Appellate Courts And Civil Juries, Adam Steinman
Appellate Courts And Civil Juries, Adam Steinman
Articles
In federal civil litigation, decisionmaking power is shared by juries, trial courts, and appellate courts. This Article examines an unresolved tension in the different doctrines that allocate authority among these institutions, one that has led to confusion surrounding the relationship between appellate courts and civil juries. At base, the current uncertainty stems from a longstanding lack of clarity regarding the distinction between matters of law and matters of fact. The high-stakes Oracle-Google litigation - which is now before the Supreme Court - exemplifies this. In that case, the Federal Circuit reasoned that an appellate court may assert de novo review …
Cannabis Banking: What Marijuana Can Learn From Hemp, Julie A. Hill
Cannabis Banking: What Marijuana Can Learn From Hemp, Julie A. Hill
Articles
Marijuana-related businesses have banking problems. Many banks explain that, because marijuana is illegal under federal law, they will not serve the industry. Even when marijuana-related businesses can open bank accounts, they still have trouble accepting credit cards and getting loans. Some hope to fix marijuana's banking problems with changes to federal law. Proposals range from broad reforms removing marijuana from the list of controlled substances to narrower legislation prohibiting banking regulators from punishing banks that serve the marijuana industry. But would these proposals solve marijuana's banking problems?
In 2018, Congress legalized another variant of the Cannabis plant species: hemp. Prior …
Government Speech And First Amendment Capture, Caroline Mala Corbin
Government Speech And First Amendment Capture, Caroline Mala Corbin
Articles
Alarm regarding government speech is not new. In earlier decades, scholars worried that the government's speech might monopolize a marketplace and drown out opposing viewpoints. But today, using a move I term "First Amendment capture," the government need not be the loudest speaker because it can become the only speaker. First Amendment capture has been made possible by the Supreme Court's developing government speech doctrine, which holds that government speech is not subject to the Free Speech Clause. Consequently, once speech is declared governmental, the government may censor viewpoints it does not like. First Amendment capture categorizing contested speech as …
A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, Donna Coker, Thalia Gonzalez
A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, Donna Coker, Thalia Gonzalez
Articles
No abstract provided.
Police Deception In Interrogation As A Problem Of Procedural Legitimacy, Margareth Etienne, Richard Mcadams
Police Deception In Interrogation As A Problem Of Procedural Legitimacy, Margareth Etienne, Richard Mcadams
Articles
No abstract provided.
The Eventual Decline Of Empirical Law And Economics, Saul Levmore
The Eventual Decline Of Empirical Law And Economics, Saul Levmore
Articles
No abstract provided.
The Social Science Approach To International Law, Daniel Abebe, Adam Chilton, Tom Ginsburg
The Social Science Approach To International Law, Daniel Abebe, Adam Chilton, Tom Ginsburg
Articles
No abstract provided.
Injurers Versus Victims: (A)Symmetric Reactions To Symmetric Risks, Francesco Parisi, Alice Guerra
Injurers Versus Victims: (A)Symmetric Reactions To Symmetric Risks, Francesco Parisi, Alice Guerra
Articles
Tort models assume symmetry in the behavior of injurers and victims when faced by a threat of liability and a risk of harm without compensation, respectively. This assumption has never been empirically validated. Using a novel experimental design, we study the behavior of injurers and victims when facing symmetric accident risks. Experimental results provide qualified support for the symmetric behavior hypothesis.
Early Repayment Of Loans Under Eu Law: The Lexitor Judgment, Enrico Baffi, Francesco Parisi
Early Repayment Of Loans Under Eu Law: The Lexitor Judgment, Enrico Baffi, Francesco Parisi
Articles
Recent changes in EU law provide flexibility and protection to consumers, facilitating early repayment of loans, when the consumer is no longer interested in continuing a credit relationship. From an economic point of view, early repayment of loans should be facilitated, because it allows money that is no longer needed to be put to other desirable uses. Under current EU law, as recently interpreted in the Lexitor judgment by the Court of Justice of the European Union, upon early repayment of a loan, consumers can obtain a pro-rated reimbursement of all the up-front and recurring costs of the loan, including …
Judicial Restoration Of Rights As An Auxiliary To The Pardon Power, Janeanne Murray
Judicial Restoration Of Rights As An Auxiliary To The Pardon Power, Janeanne Murray
Articles
No abstract provided.
Second Look = Second Chance: Turning The Tide Through Nacdl's Model Second Look Legislation, Janeanne Murray, Sean Hecker, Michael Skocpol, Marissa Elkins
Second Look = Second Chance: Turning The Tide Through Nacdl's Model Second Look Legislation, Janeanne Murray, Sean Hecker, Michael Skocpol, Marissa Elkins
Articles
No abstract provided.
What Both Hart And Fuller Got Wrong, Oren Gross
Catching Unfitness, Jon J. Lee
Uncoupling, June Carbone, Naomi Cahn
Extraterritorial Damages In Patent Law, Tom Cotter
The Law Of Energy Exports, Alexandra Klass, Shantal Pai
The Law Of Energy Exports, Alexandra Klass, Shantal Pai
Articles
No abstract provided.
Legislative Administration, Maria Ponomarenko
Legislative Administration, Maria Ponomarenko
Articles
A distinct feature of local administrative practice is that many of the entities responsible for “administering” various statutory schemes are not in fact agencies at all. In jurisdictions large and small, local legislative bodies, including municipal councils and county boards, engage in a great deal of “administrative” activity. They grant permits, approve zoning variances, and hear disciplinary appeals. And in performing these functions they, at least in theory, are subject to the same procedural requirements and substantive standards of review that would apply if the decisions were made instead by an administrative entity. The problem, as courts occasionally have recognized, …