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Full-Text Articles in Law
Lighten Up – Amending The Single Convention On Narcotic Drugs, Allison E. Don
Lighten Up – Amending The Single Convention On Narcotic Drugs, Allison E. Don
Minnesota Journal of International Law
No abstract provided.
Compliance Of The United States With International Labor Law, David Weissbrodt, Matthew Mason
Compliance Of The United States With International Labor Law, David Weissbrodt, Matthew Mason
Articles
The article focuses on the U.S. compliance with international labor law in 2014. Topics include the U.S. membership in the International Labour Organization (ILO), the number of labor conventions followed by the U.S. in 2014, and labor laws and legislation in the U.S. in 2014. Information is provided on ILO standards, including the right to organize, the rights of noncitizen workers, and workers' rights of collective bargaining and strikes.
Why Crime Rates Are Falling Throughout The Western World, Michael Tonry
Why Crime Rates Are Falling Throughout The Western World, Michael Tonry
Articles
Crime rates have moved in parallel in Western societies since the late Middle Ages. Homicide rates declined from 20 to 100 per 100,000 population in western Europe to one per 100,000 in most Western countries by the beginning of the twentieth century. Crime rates in major cities and in countries fell from the early nineteenth century until the middle of the twentieth. From the 1960s to the 1990s, rates for violent and property crimes rose in all wealthy Western countries. Since then, rates in all have fallen precipitately for homicide, burglary, auto theft, and other property crimes. The patterns appear …
Legal And Ethical Issues In The Prediction Of Recidivism, Michael Tonry
Legal And Ethical Issues In The Prediction Of Recidivism, Michael Tonry
Articles
Use of predictions of recidivism is ubiquitous in American criminal justice systems from pretrial detention to parole release and proceeds largely oblivious to fundamental ethical problems that were widely recognized and examined in the 1970s. They include the false positive problem that most people predicted to commit acts of serious violence would not, and their confinement for that reason is unjustified, that common use of fixed characteristics such as age and gender punish people for matters over which they have no control is per se unjust, that commonly used socioeconomic factors such as marital status, employment, education, and living discrimination, …
Guest Editor's Observations: Recurring Policy Issues Of Guidelines (And Non-Guidelines) Sentencing: Risk Assessments, Criminal History Enhancements, And The Enforcement Of Release Conditions, Richard Frase
Articles
No abstract provided.
Response Essay: The Personhood Rationale And Its Impact On The Durability Of Private Claims To Public Property, Alexandra Klass
Response Essay: The Personhood Rationale And Its Impact On The Durability Of Private Claims To Public Property, Alexandra Klass
Articles
No abstract provided.
Transparently Opaque: Understanding The Lack Of Transparency In Insurance Consumer Protection, Daniel Schwarcz
Transparently Opaque: Understanding The Lack Of Transparency In Insurance Consumer Protection, Daniel Schwarcz
Articles
Consumer protection in most domains of financial regulation centers on transparency. Broadly construed, transparency involves making relevant information available to consumers as well as others who might act on their behalf, such as academics, journalists, newspapers, consumer organizations or other market watchdogs. By contrast, command and control regulation that affirmatively limits financial firms’ products or pricing is relatively uncommon. This Article describes a remarkable inversion of this pattern: while state insurance regulation frequently employs aggressive command and control consumer protection regulation, it typically does little or nothing to promote transparent markets. Rather, state lawmakers routinely either completely ignore transparency-oriented reforms …
Regulating Systemic Risk In Insurance, Daniel Schwarcz, Steven L. Schwarcz
Regulating Systemic Risk In Insurance, Daniel Schwarcz, Steven L. Schwarcz
Articles
As exemplified by the dramatic failure of AIG, insurance companies and their affiliates played a central role in the 2008 global financial crisis. It is therefore not surprising that the Dodd-Frank Act — the United States’ primary legislative response to the crisis — contained an entire title dedicated to insurance regulation, which has traditionally been the responsibility of individual states. The most important insurance-focused reforms in Dodd-Frank empower the Federal Reserve Bank to impose an additional layer of regulatory scrutiny on top of state insurance regulation for a small number of “systemically important” nonbank financial companies, such as AIG. This …
Understanding Insurance Antidiscrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Schwarcz
Understanding Insurance Antidiscrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Schwarcz
Articles
Insurance companies are in the business of discrimination. Insurers attempt to segregate insureds into separate risk pools based on their differences in risk profiles, first, so that they can charge different premiums to the different groups based on their risk and, second, to incentivize risk reduction by insureds. This is why we let insurers discriminate. There are, however, limits to the types of discrimination we will allow insurers to engage in. But what exactly are those limits and how are they justified? To answer these questions, this Article articulates the leading fairness and efficiency arguments for and against limiting insurers’ …
Towards A Universal Framework For Insurance Anti-Discrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Schwarcz
Towards A Universal Framework For Insurance Anti-Discrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Schwarcz
Articles
Discrimination in insurance is principally regulated at the state level. Surprisingly, there is a great deal of variation across coverage lines and policyholder characteristics in how and the extent to which risk classification by insurers is limited. Some statutes expressly permit insurers to consider certain characteristics, while other characteristics are forbidden or limited in various ways. What explains this variation across coverage lines and policyholder characteristics? Drawing on a unique, hand-collected data-set consisting of the laws regulating insurer risk classification in fifty-one U.S. jurisdictions, this Article argues that much of the variation in state-level regulation of risk classification can in …
Make No Little Plans: Response To Ted Sichelman, Purging Patent Law Of Private Law Remedies, Tom Cotter
Make No Little Plans: Response To Ted Sichelman, Purging Patent Law Of Private Law Remedies, Tom Cotter
Articles
No abstract provided.
Taxing Manufactured Homes, Ann Burkhart
Taxing Manufactured Homes, Ann Burkhart
Articles
Manufactured homes are the most important form of unsubsidized affordable housing in this country. They are home to more than twenty-two million people. The residents are predominantly lower-income, including a large proportion of older people. Yet the costs of purchasing and living in a manufactured home are unnecessarily high, because state law incorrectly categorizes the great majority of them as personal property, rather than as real property.To correct this problem, the Uniform Law Commission recently promulgated the Uniform Manufactured Housing Act, which provides a process for converting manufactured homes from personal to real property. The act is designed to lower …
People Who Are Not Legal And Who Are Not Alive In The Eyes Of The Law, Richard W. Painter
People Who Are Not Legal And Who Are Not Alive In The Eyes Of The Law, Richard W. Painter
Articles
No abstract provided.
Who's Afraid Of Good Governance? State Fiscal Crises, Public Pension Underfunding, And The Resistance To Governance Reform, Thomas Fitzpatrick, Amy B. Monahan
Who's Afraid Of Good Governance? State Fiscal Crises, Public Pension Underfunding, And The Resistance To Governance Reform, Thomas Fitzpatrick, Amy B. Monahan
Articles
Much attention has been paid to the significant underfunding of many state and local employee pension plans, as well as efforts by states and cities to alleviate that underfunding by modifying the benefits provided to workers. Yet relatively little attention has been paid to the systemic causes of such financial distress — such as chronic underfunding that shifts financial burdens to future taxpayers, and governance rules that may reduce the likelihood that a plan’s trustees will make optimal investment decisions. This article presents the results of a qualitative study of the funding and governance provisions of twelve public pension plans …
Understanding Insurance Antidiscrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Schwarcz
Understanding Insurance Antidiscrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Schwarcz
Articles
No abstract provided.
Plugging Leaks And Lowering Levees In The Federal Government: Practical Solutions For Securities Trading Based On Political Intelligence, Donna M. Nagy, Richard W. Painter
Plugging Leaks And Lowering Levees In The Federal Government: Practical Solutions For Securities Trading Based On Political Intelligence, Donna M. Nagy, Richard W. Painter
Articles
From its founding, the U.S. federal government has been a potential gold mine for nonpublic market-moving information. By selectively disclosing this information to securities traders outside the government (or to persons who advise them), federal officials can substantially privilege certain wealthy or otherwise well-connected investors over ordinary investors in the securities market. The trading profits that can be derived from the use of this material nonpublic government information are often tremendous. Such disparity of access to government information undermines the public’s confidence in the fairness and integrity of securities markets -- and in the federal government itself. But absent an …
The Rhetoric Of War: Words, Conflict, And Categorization Post 9/11, Oren Gross, Fionnuala Ní Aoláin
The Rhetoric Of War: Words, Conflict, And Categorization Post 9/11, Oren Gross, Fionnuala Ní Aoláin
Articles
No abstract provided.
The Right To Travel: Breaking Down The Thousand Petty Fortresses Of State Self-Deportation Laws, Linus Chan
The Right To Travel: Breaking Down The Thousand Petty Fortresses Of State Self-Deportation Laws, Linus Chan
Articles
No abstract provided.
The Rule Of Law At A Crossroad: Enforcing Corporate Responsibility In International Investment Through The Alien Tort Statute, Jennie Green
The Rule Of Law At A Crossroad: Enforcing Corporate Responsibility In International Investment Through The Alien Tort Statute, Jennie Green
Articles
No abstract provided.
The Challenge Of Supreme Court Biography: The Case Of Chief Justice Rehnquist, Christopher W. Schmidt
The Challenge Of Supreme Court Biography: The Case Of Chief Justice Rehnquist, Christopher W. Schmidt
Constitutional Commentary
Book review: The Partisan: The life of William Rehnquist. By John A. Jenkins. New York, NY.: PublicAffairs. 2012. Pp. xxi + 330. Reviewed by Christopher W. Schmidt.
A Conversation About Abortion Between Justice Blackmun And The Founding Fathers, Duane L. Ostler
A Conversation About Abortion Between Justice Blackmun And The Founding Fathers, Duane L. Ostler
Constitutional Commentary
No abstract provided.
Charles Beard & Progressive Legal Historiography, G. Edward White
Charles Beard & Progressive Legal Historiography, G. Edward White
Constitutional Commentary
No abstract provided.
Proportionality And Pretense, Grant Huscroft
Proportionality And Pretense, Grant Huscroft
Constitutional Commentary
Book review: Proportionality: Constitutional rights and their limitations. By Aharon Barak. New York, N.Y.: Cambridge University Press. 2012. Pp. xxvi + 611. Reviewed by Grant Huscroft.
Ideas That Matter: Parting Thoughts On Charles Beard On The 100th Anniversary Of An Economic Interpretation, Jessica K. Lowe
Ideas That Matter: Parting Thoughts On Charles Beard On The 100th Anniversary Of An Economic Interpretation, Jessica K. Lowe
Constitutional Commentary
No abstract provided.
Using Beard To Overcome Beardianism: Charles Beard's Forgotten Historicism And The Ideas-Interests Dichotomy, Jonathan Gienapp
Using Beard To Overcome Beardianism: Charles Beard's Forgotten Historicism And The Ideas-Interests Dichotomy, Jonathan Gienapp
Constitutional Commentary
No abstract provided.
The Faces Of Judicial Naiveté©, Kiel Brennan-Marquez
The Faces Of Judicial Naiveté©, Kiel Brennan-Marquez
Constitutional Commentary
Book review: Reflections on judging. By Richard A. Posner. Cambridge, Mass.: Harvard University Press. 2013. Pp. 366. Reviewed by Kiel Brennan-Marquez.
A Restrained Plea For Judicial Restraint, Lino A. Graglia
A Restrained Plea For Judicial Restraint, Lino A. Graglia
Constitutional Commentary
Book review: Cosmic constitutional theory: Why Americans are losing their inalienable right to self-governance. J. Harvie Wilkinson III. New York, N.Y.: Oxford University Press. 2012. Pp. xii + 161. Reviewed by Lino A. Graglia.
Beard & Uber-Beard, Mark A. Graber
The Ladies? Forget About Them. A Feminist Perspective On The Limits Of Originalism, Mary Anne Case
The Ladies? Forget About Them. A Feminist Perspective On The Limits Of Originalism, Mary Anne Case
Constitutional Commentary
No abstract provided.
Rethinking The Second American Revolution: Legal Tender And National Banking In The Civil War Era, Michael T. Caires
Rethinking The Second American Revolution: Legal Tender And National Banking In The Civil War Era, Michael T. Caires
Constitutional Commentary
No abstract provided.