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Full-Text Articles in Law

Human Rights Standards Concerning Transnational Corporations And Other Business Entities, David Weissbrodt Jan 2014

Human Rights Standards Concerning Transnational Corporations And Other Business Entities, David Weissbrodt

Articles

The rapid expansion of transnational economic activity and corresponding growth in power of transnational corporations and other business entities have prompted renewed international discourse and action over the past decade to address the human rights abuses committed by businesses. 2 The responsibility of businesses to respect human rights has been at the heart of the discussion. The Universal Declaration of Human Rights (UDHR), adopted in 1948, states that "every individual and every organ of society ... shall strive by teaching and education to promote respect for these rights and freedoms and ... to secure their universal and effective recognition and observance, both ...


Questioning Gender: Police Interrogation Of Delinquent Girls, Barry C. Feld Jan 2014

Questioning Gender: Police Interrogation Of Delinquent Girls, Barry C. Feld

Articles

Early juvenile courts emphasized a child's "best interests" and treated youths differently based on personal characteristics such as race and gender. 1 Progressive reformers expected judges to handle boys and girls differently because their circumstances and needs differed. 2 Juvenile courts processed boys primarily for criminal behavior and girls for noncriminal status offenses - e.g. runaway, incorrigibility, or sexual precocity. 3 In the 1970s, efforts to deinstitutionalize status offenders led to substantial declines in the numbers of girls detained and confined for noncriminal misconduct. 4 More recently, juvenile justice officials and the public perceived an increase in violent crimes ...


Why Crime Rates Are Falling Throughout The Western World, Michael Tonry Jan 2014

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 ...


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 Jan 2014

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.


Regulating Systemic Risk In Insurance, Daniel Schwarcz, Steven L. Schwarcz Jan 2014

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 Article argues ...


Understanding Insurance Antidiscrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Schwarcz Jan 2014

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 ...


Transparently Opaque: Understanding The Lack Of Transparency In Insurance Consumer Protection, Daniel Schwarcz Jan 2014

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 ...


Institute On Metropolitan Opportunity Response To Professor Edward G. Goetz’S Comments On Imo’S Report: Reforming Subsidized Housing Policy In The Twin Cities, Myron Orfield, Will Stancil, Thomas Luce, Eric Myott Jan 2014

Institute On Metropolitan Opportunity Response To Professor Edward G. Goetz’S Comments On Imo’S Report: Reforming Subsidized Housing Policy In The Twin Cities, Myron Orfield, Will Stancil, Thomas Luce, Eric Myott

Studies

Professor Goetz’s comments reflect an obvious misunderstanding of our report and of the issues of urban racial segregation and fair housing. Yet we understand why he is upset––organizations and individuals, including Professor Goetz, have invested their time and energy toward the activities our report challenges. We regret that he has expressed his anger by attacking the scholarly reputations of his colleagues rather than by taking the time to outline real and substantive concerns with the work itself.


Reforming Subsidized Housing Policy In The Twin Cities To Cut Costs And Reduce Segregation, Myron Orfield, Will Stancil, Thomas Luce, Eric Myott Jan 2014

Reforming Subsidized Housing Policy In The Twin Cities To Cut Costs And Reduce Segregation, Myron Orfield, Will Stancil, Thomas Luce, Eric Myott

Studies

This article examines the public policies determining the distribution of subsidized housing in the Twin Cities metropolitan area of Minnesota, the resulting distribution of subsidized housing, and the comparative costs associated with building in the region’s central cities or in suburbs.


Reforming Subsidized Housing Policy In The Twin Cities To Cut Costs And Reduce Segregation, Institute On Metropolitan Opportunity Jan 2014

Reforming Subsidized Housing Policy In The Twin Cities To Cut Costs And Reduce Segregation, Institute On Metropolitan Opportunity

Studies

This article examines the public policies determining the distribution of subsidized housing in the Twin Cities metropolitan area of Minnesota, the resulting distribution of subsidized housing, and the comparative costs associated with building in the region’s central cities or in suburbs.


Twin Cities In Crisis: Unequal Treatment Of Communities Of Color In Mortgage Lending, Institute On Metropolitan Opportunity Jan 2014

Twin Cities In Crisis: Unequal Treatment Of Communities Of Color In Mortgage Lending, Institute On Metropolitan Opportunity

Studies

Before the housing crisis, toxic subprime loans were deeply embedded in the mortgage market in the Twin Cities and were highly targeted towards communities of color. These loans contributed eventually to the foreclosure crisis and the staggering drops in housing values that disproportionately affected people of color, stripping many moderate- and low-income communities of enormous amounts of housing wealth. While subprime lending is much less common today, lack of access to credit continues to plague communities of color. Income differences alone do not explain past and current lending disparities.


An Exploration Of "Non-Economic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar Jan 2014

An Exploration Of "Non-Economic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar

Articles

Using three primary data sources plus three supplemental sources discussed in an appendix, this paper examines how well non-economic damages could be predicted by economic damages and at how the ratio of non-economic damages to economic damages changed as the magnitude of the economic damages awarded by juries increased. We found a mixture of consistent and inconsistent patterns across our various datasets. One fairly consistent pattern was the tendency for the ratio of non-economic to economic damages to decline as the amount of economic damages increased. Moreover, the variability of the ratio also tended to decline as the amount of ...


Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman Jan 2014

Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman

Articles

The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam that led to the Supreme Court decision in Ricci v. DiStefano, as well as ...


Administering The Tax System We Have, Kristin Hickman Jan 2014

Administering The Tax System We Have, Kristin Hickman

Articles

Traditional perceptions of tax exceptionalism from administrative law doctrines and requirements have been predicated at least in part on the importance of the tax code’s revenue raising function. Yet, Congress increasingly relies on the IRS to administer government programs that have little to do with raising revenue and much more to do with distributing government benefits to the economically disadvantaged, subsidizing approved activities, and regulating outright certain economic sectors like nonprofits, pensions, and now health care. As the attentions of the Treasury Department and Internal Revenue Service shift away from raising revenue and toward these other matters, the revenue-based ...


The Geography Of Solving Global Environmental Problems: Reflections On Polycentric Efforts To Address Climate Change, Hari M. Osofsky Jan 2014

The Geography Of Solving Global Environmental Problems: Reflections On Polycentric Efforts To Address Climate Change, Hari M. Osofsky

Articles

This essay considers how we might fit local efforts to address climate change, especially those by very small, suburban cities, within models for solving "global problems." While acknowledging the need for more action on climate change at international, national, and state levels, and regional ones in between, this essay explores how different types of cities, as they participate in multilevel networks, can provide models for action and complement efforts to address climate change through the treaty regime. Using a diverse group of suburbs in the Twin Cities metropolitan region making innovative climate change and sustainability efforts as a case example ...


Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky Jan 2014

Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky

Articles

This dilemma of environment-energy decisions that have major positives and negatives from either a health or ecosystem perspective poses an important ethical challenge that this Essay explores. Namely, in many cases, one can value humans, species, and ecosystems, and still not be able to resolve the best way forward. The Essay focuses in particular on a core problem at the environment-energy interface: people demand cheap and reliable energy, which pushes us towards new technology or the massive expansion of existing technology, both of which carry risks and possibilities for a cleaner future. The Essay considers this dilemma in the U ...


Hybrid Energy Governance, Hari M. Osofsky, Hannah J. Wiseman Jan 2014

Hybrid Energy Governance, Hari M. Osofsky, Hannah J. Wiseman

Articles

This Article develops a novel theory of energy governance and uses it to assess how institutional innovation can help meet critical challenges. Energy law is substantively complex and deeply fragmented. Each energy sector - including fuel extraction and pipelines, electricity generation and transmission, and transportation - has its own legal regime and federalism approach; confusion often exists at moments of crisis about how much authority federal, state, and local regulators have in these areas. The complexity and fragmentation of energy law are particularly problematic because the energy system faces major transitions due to emerging technology, more unpredictable and extreme weather events, and ...


Statutory Reading Of Opaque Constructions - Errors And Purposes, Brian H. Bix Jan 2014

Statutory Reading Of Opaque Constructions - Errors And Purposes, Brian H. Bix

Articles

In her excellent article, Misreading Like a Lawyer: Cognitive Bias in Statutory Interpretation,1 Professor Jill Anderson explains an intri- cacy of sentence meaning that is well known by linguists, generally handled adequately by most of us in normal conversation, but appar- ently misunderstood and badly handled by lawyers and judges. The misreading in question is based on what linguists call “opaque con- structions”: texts whose structural ambiguity creates alternative read- ings. These alternative readings are generally known (as Anderson points out) as “de re” and “de dicto” interpretations. As the article clearly explains, opaque constructions differ from other sentences ...


Comparative Law And Economics Of Standard-Essential Patents And Frand Royalties, Thomas F. Cotter Jan 2014

Comparative Law And Economics Of Standard-Essential Patents And Frand Royalties, Thomas F. Cotter

Articles

Standard setting organizations often require their members to declare which of their patents are essential to the practice of a prospective standard, and to agree to license any such standard-essential patents (SEPs) on "fair, reasonable, and nondiscriminatory" (FRAND) terms. Among the issues that have arisen in recent disputes involving FRAND-encumbered SEPs are (1) whether a FRAND commitment creates a binding contract for the benefit of third parties, obligating the SEP owner to forgo the right to seek injunctive relief for the infringement of the SEP; (2) whether the law of remedies, or other principles of generally applicable civil law such ...


Institute On Metropolitan Opportunity Response To Professor Edward G. Goetz’S Comments On Imo’S Report: Reforming Subsidized Housing Policy In The Twin Cities, Myron Orfield, Will Stancil, Thomas Luce, Eric Myott Jan 2014

Institute On Metropolitan Opportunity Response To Professor Edward G. Goetz’S Comments On Imo’S Report: Reforming Subsidized Housing Policy In The Twin Cities, Myron Orfield, Will Stancil, Thomas Luce, Eric Myott

Studies

Professor Goetz’s comments reflect an obvious misunderstanding of our report and of the issues of urban racial segregation and fair housing. Yet we understand why he is upset––organizations and individuals, including Professor Goetz, have invested their time and energy toward the activities our report challenges. We regret that he has expressed his anger by attacking the scholarly reputations of his colleagues rather than by taking the time to outline real and substantive concerns with the work itself.


Institute On Metropolitan Opportunity Response To Charter School Partners January 6 Post, Institute On Metropolitan Opportunity Jan 2014

Institute On Metropolitan Opportunity Response To Charter School Partners January 6 Post, Institute On Metropolitan Opportunity

Studies

Charter School Partners’ (CSP) January 6 blog post titled Minnesota Charters 2014: Part I: Building a high-impact charter sector, Closing the opportunity/achievement gap misrepresents recent Institute on Metropolitan Opportunity (IMO) updates on charter schools in the Twin Cities.


Twin Cities In Crisis: Unequal Treatment Of Communities Of Color In Mortgage Lending, Institute On Metropolitan Opportunity Jan 2014

Twin Cities In Crisis: Unequal Treatment Of Communities Of Color In Mortgage Lending, Institute On Metropolitan Opportunity

Studies

Before the housing crisis, toxic subprime loans were deeply embedded in the mortgage market in the Twin Cities and were highly targeted towards communities of color. These loans contributed eventually to the foreclosure crisis and the staggering drops in housing values that disproportionately affected people of color, stripping many moderate- and low-income communities of enormous amounts of housing wealth. While subprime lending is much less common today, lack of access to credit continues to plague communities of color. Income differences alone do not explain past and current lending disparities.


Imo Comments On Met Council's Thrive Plan, Institute On Metropolitan Opportunity Jan 2014

Imo Comments On Met Council's Thrive Plan, Institute On Metropolitan Opportunity

Studies

A lack of cooperation and planning has led to very serious problems in the region, many of which are caused by the Metropolitan Council’s unwillingness to use its authority as intended by the legislature.


Charter Schools In Chicago: No Model For Education Reform, Institute On Metropolitan Opportunity Jan 2014

Charter Schools In Chicago: No Model For Education Reform, Institute On Metropolitan Opportunity

Studies

Chicago remains one of the nation’s lowest performing school districts. Sadly the charters schools, which on average score lower that the Chicago public schools, have not improved the Chicago school system, but perhaps made it even weaker. Further charters, which are even more likely to be single race schools than the already hyper segregated Chicago school system, and are more likely to use student expulsion.


The Faces Of Judicial Naiveté©, Kiel Brennan-Marquez Jan 2014

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.


Law's Remarkable Failure To Protect Mistakenly Overpaid Employees, Jim Hawkins Jan 2014

Law's Remarkable Failure To Protect Mistakenly Overpaid Employees, Jim Hawkins

Minnesota Law Review

No abstract provided.


A Corporate Right To Privacy, Elizabeth Pollman Jan 2014

A Corporate Right To Privacy, Elizabeth Pollman

Minnesota Law Review

No abstract provided.


Suppressing Evidence In Immigration Proceedings: The Need For A Lenient Egregiousness Standard And Rebellious Lawyering, Mikaela A. Devine Jan 2014

Suppressing Evidence In Immigration Proceedings: The Need For A Lenient Egregiousness Standard And Rebellious Lawyering, Mikaela A. Devine

Minnesota Law Review

No abstract provided.


The Death Of Tax Court Exceptionalism, Stephanie Hoffer, Christopher J. Walker Jan 2014

The Death Of Tax Court Exceptionalism, Stephanie Hoffer, Christopher J. Walker

Minnesota Law Review

No abstract provided.


Death Delayed Is Retribution Denied, Russell L. Christopher Jan 2014

Death Delayed Is Retribution Denied, Russell L. Christopher

Minnesota Law Review

No abstract provided.