Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (9)
- Social and Behavioral Sciences (9)
- Library and Information Science (4)
- Privacy Law (4)
- Tax Law (4)
-
- Civil Rights and Discrimination (3)
- Law Librarianship (3)
- Legal Education (3)
- Military, War, and Peace (3)
- Physical Sciences and Mathematics (3)
- Taxation-State and Local (3)
- Comparative and Foreign Law (2)
- Constitutional Law (2)
- Courts (2)
- Criminology and Criminal Justice (2)
- Economics (2)
- Election Law (2)
- Environmental Law (2)
- Environmental Sciences (2)
- Family Law (2)
- International Economics (2)
- Judges (2)
- Jurisdiction (2)
- Legal Profession (2)
- Legal Studies (2)
- National Security Law (2)
- Natural Resources Management and Policy (2)
- Natural Resources and Conservation (2)
- Securities Law (2)
- Keyword
-
- Data protection (3)
- European Union (3)
- Extraterritoriality (2)
- Fiscal federalism (2)
- Globalization (2)
-
- Insider trading (2)
- Law school curriculum (2)
- Legal education (2)
- RICO (2)
- Tax cannibalization (2)
- Tax law (2)
- Tax policy (2)
- AB 32 (1)
- Access to papers (1)
- Adaptive management (1)
- Affirmative action (1)
- American law (1)
- Anthony Kennedy (1)
- Antonin Scalia (1)
- Assisted reproduction (1)
- BAMN (1)
- Bankruptcy (1)
- Barack Obama (1)
- Behavioral biases (1)
- Beneficence (1)
- Best mode (1)
- Big data (1)
- Bio-bias (1)
- Bioethics (1)
- Bitcoins (1)
Articles 1 - 30 of 44
Full-Text Articles in Law
The Lawyers' War: Counterterrorism From Bush To Obama To Trump, Dawn E. Johnsen
The Lawyers' War: Counterterrorism From Bush To Obama To Trump, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Espionage As A Sovereign Right Under International Law And Its Limits, Asaf Lubin
Espionage As A Sovereign Right Under International Law And Its Limits, Asaf Lubin
Articles by Maurer Faculty
The literature surrounding the international legality of peacetime espionage has so far centered around one single question: whether there exist within treaty or customary international law prohibitive rules against the collection of foreign intelligence in times of peace. Lacking such rules, argue the permissivists, espionage functions within a lotus vacuum, one in which States may spy on each other and on each other's nationals with no restrictions, justifying their behavior through the argumentum ad hominem of "tu quoque." . . .
Access To Justice?: A Study Of Access Restrictions On The Papers Of U.S. Supreme Court Justices, Susan David Demaine, Benjamin J. Keele
Access To Justice?: A Study Of Access Restrictions On The Papers Of U.S. Supreme Court Justices, Susan David Demaine, Benjamin J. Keele
Articles by Maurer Faculty
For scholars of law, history, and government—and the American public—the papers of all Supreme Court Justices are of vital importance. They contribute to biographies, histories, and legal critiques. Our understanding of the Court and its decisions is enriched by access to the thinking of the justices. In turn, this knowledge informs our views on our laws and social order and helps shape the future of our legal, political, and even moral culture. Despite the importance of these papers, many justices who have donated their papers in the past 75 years or so have placed restrictions on access to the collection. …
Book Review Of, Women And Justice For The Poor: A History Of Legal Aid, 1863-1945, By Felice Batlan, Maggie Kiel-Morse
Book Review Of, Women And Justice For The Poor: A History Of Legal Aid, 1863-1945, By Felice Batlan, Maggie Kiel-Morse
Articles by Maurer Faculty
No abstract provided.
Beyond Citizens United, Nicholas Almendares, Catherine Hafer
Beyond Citizens United, Nicholas Almendares, Catherine Hafer
Articles by Maurer Faculty
The doctrine announced in Citizens United rendered most efforts to regulate campaign financing unconstitutional. We argue, however, that the doctrine allows for a novel approach to the concerns inherent in campaign financing that does not directly infringe on political speech, because it operates later in the process, after the election. This approach allows us to address a broad range of these issues and to do so with legal tools that are readily available. We describe two applications of our approach in this Article. First, we argue that courts should use a modified rational basis review when a law implicates the …
Judging Adaptive Management Practices Of U.S. Agencies, Robert L. Fischman, J. B. Ruhl
Judging Adaptive Management Practices Of U.S. Agencies, Robert L. Fischman, J. B. Ruhl
Articles by Maurer Faculty
All U.S. federal agencies administering environmental laws purport to practice adaptive management (AM), but little is known about how they actually implement this conservation tool. A gap between the theory and practice of AM is revealed in judicial decisions reviewing agency adaptive management plans. We analyzed all U.S. federal court opinions published through 1 January 2015 to identify the agency AM practices courts found most deficient. The shortcomings included lack of clear objectives and processes, monitoring thresholds, and defined actions triggered by thresholds. This trio of agency shortcuts around critical, iterative steps characterizes what we call AM-lite. Passive AM differs …
The Distractions Of Technology, Kimberly Mattioli
The Distractions Of Technology, Kimberly Mattioli
Articles by Maurer Faculty
Since the moment I became a librarian, I have had a problem with technology. It’s not that I can’t keep up with the developments or that I can’t figure out ways to incorporate technology into my work. My problem is much simpler in a way—I find technology too distracting. With my desktop, my phone, and my iPad sitting in my office, how could I not be drawn to the glowing screens and the limitless websites before me? The Internet is never-ending, and so too, it seems, is my ability to be distracted by it. With a little dedication, however, I …
Irs Reform: Politics As Usual?, Leandra Lederman
Irs Reform: Politics As Usual?, Leandra Lederman
Articles by Maurer Faculty
The IRS is still reeling from accusations that it "targeted" Tea Party and other non-profit organizations. Although multiple government investigations found no politically motivated behavior-only mismanagement-Congressional hearings were quite inflammatory. Congress recently followed up those hearings with a set of IRS reforms. Congress's approach is reminiscent of the late 1990s, when highly publicized Congressional hearings regarding alleged abuses by the IRS resulted in a major IRS reform and restructuring, although the allegations subsequently were largely debunked. This Article argues that the recent allegations against the IRS also were overblown. It looks to the aftermath of the 1998 IRS reform, which …
Big Data And The Fourth Estate: Protecting The Development Of News Media Monitoring Databases, Joseph A. Tomain
Big Data And The Fourth Estate: Protecting The Development Of News Media Monitoring Databases, Joseph A. Tomain
Articles by Maurer Faculty
No abstract provided.
Preparing Law Students For Information Governance, Susan David Demaine
Preparing Law Students For Information Governance, Susan David Demaine
Articles by Maurer Faculty
Information governance is a holistic business approach to managing and using information that recognizes information as an asset as well as a potential source of risk. Law librarians and legal information professionals are well situated to take leadership roles in information governance efforts, including instructing law students in information governance principles and practices. This article traces the development of information governance and its importance to the legal profession, offers a primer on information governance principles and implementation, and discusses how academic law librarians and other legal educators can teach information governance to law students using problem-based learning or similar pedagogical …
When Responsibilities Collide: Humanitarian Intervention, Shared War Powers, And The Rule Of Law, Dawn E. Johnsen
When Responsibilities Collide: Humanitarian Intervention, Shared War Powers, And The Rule Of Law, Dawn E. Johnsen
Articles by Maurer Faculty
The use of military force to respond to a foreign humanitarian crisis raises profound legal questions, especially when force is not authorized by the U.S. Congress or the U.N. Security Council. President Clinton's use of air strikes in Kosovo, President Obama's use of air strikes in Libya, and his threat of force following Syrian President Assad's use of chemical weapons against the Syrian people all responded to powerful humanitarian needs-but serious questions about their legality remain. Drawing upon these case studies, Professor Harold Koh proposes a framework that would find some such interventions lawful, even without congressional or Security Council …
Disclosing Designs, Mark D. Janis, Jason Du Mont
Disclosing Designs, Mark D. Janis, Jason Du Mont
Articles by Maurer Faculty
While patent scholars have subjected disclosure doctrines to considerable scrutiny in the context of utility patent law, very little has been written about the role of those doctrines in design patent law. At first blush, this is not surprising: modern design patent documents usually contain short disclosures comprised primarily of drawings, accompanied by very little text. Although this might suggest limited aspirations for design patent disclosures, the story is more complex. Design patents contain only a pro forma claim; it is the disclosure that defines the scope of the protected design. Moreover, although the modern practice of relying primarily on …
Book Review. Rethinking The Law School: Education, Research, Outreach And Governance By Carel Stolker, Ashley A. Ahlbrand
Book Review. Rethinking The Law School: Education, Research, Outreach And Governance By Carel Stolker, Ashley A. Ahlbrand
Articles by Maurer Faculty
No abstract provided.
The Changing Economic Geography Of Large U.S. Law Firms, William D. Henderson, Arthur S. Alderson
The Changing Economic Geography Of Large U.S. Law Firms, William D. Henderson, Arthur S. Alderson
Articles by Maurer Faculty
The number of lawyers working for large U.S. law firms has increased dramatically. One important manifestation of this is the growing network of branch offices. Informed by three theories of spatial change—law firms (i) following the geographic expansion of their clients, relying on (ii) traditional agglomeration economies and relying on (iii) agglomeration benefits emerging from a location’s connectivity to other important geographies— we analyze longitudinal data on large U.S. law firms and the global urban network in which they are embedded. We find that, after the late 2000s, geographic expansion was less connected to organic market growth in U.S. domestic …
The Global Data Protection Implications Of "Brexit", Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard
The Global Data Protection Implications Of "Brexit", Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard
Articles by Maurer Faculty
No abstract provided.
Book Review. Locating U.S. Government Information Handbook, 3rd Ed. By E. Herman And T. Belniak, Jennifer Morgan
Book Review. Locating U.S. Government Information Handbook, 3rd Ed. By E. Herman And T. Belniak, Jennifer Morgan
Articles by Maurer Faculty
No abstract provided.
Foreign Governments As Plaintiffs In U.S. Courts And The Case Against "Judicial Imperialism", Hannah L. Buxbaum
Foreign Governments As Plaintiffs In U.S. Courts And The Case Against "Judicial Imperialism", Hannah L. Buxbaum
Articles by Maurer Faculty
One consequence of the increasingly transnational nature of civil litigation is that U.S. courts must frequently address the interests of foreign sovereigns. These interactions arise primarily in three contexts: when a foreign government is the defendant in a U.S. court; when a claim requires a U.S. court to scrutinize actions taken by a foreign government; and when a U.S. court seeks to apply U.S. law to persons or conduct within a foreign government’s borders. Each of these contexts invokes a narrative in which the engagement of U.S. courts interferes or conflicts with the prerogatives of a foreign sovereign. As a …
Paper Trails, Trailing Behind: Improving Informed Consent To Ivf Through Multimedia Applications, Jody L. Madeira, Barbara Andraka-Christou
Paper Trails, Trailing Behind: Improving Informed Consent To Ivf Through Multimedia Applications, Jody L. Madeira, Barbara Andraka-Christou
Articles by Maurer Faculty
Though intended to educate patients on the risks, benefits, side effects and alternatives within medical treatment, informed consent documents may have unanticipated consequences for patients. Patients may regard these forms as little more than a ritual to access treatment. Or patients may perceive that these forms exist to protect doctors rather than to contribute to a meaningful, patient-protective educational interaction. To rehabilitate the informed consent project, this essay considers the baggage that informed consent documents have acquired through practical use, explores patients' and providers' lived experience of informed consent, and considers whether a multimedia consent application would be a viable …
Booker's Ironies, Ryan W. Scott
The Language Of Data Privacy Law (And How It Differs From Reality), Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard
The Language Of Data Privacy Law (And How It Differs From Reality), Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard
Articles by Maurer Faculty
No abstract provided.
A Time Of Turmoil, Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynsky, Christopher Millard
A Time Of Turmoil, Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynsky, Christopher Millard
Articles by Maurer Faculty
No abstract provided.
Le Concept Dé Dignité Le Droit Américain, Elisabeth Zoller
Le Concept Dé Dignité Le Droit Américain, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
The Counter-Clerks Of Justice Scalia, Ian Samuel
The Counter-Clerks Of Justice Scalia, Ian Samuel
Articles by Maurer Faculty
“So, what are you going to do when you’re done here?”
That’s what he asked me first. I had just sat down in his chambers, on a big, overstuffed leather couch. It was a day in early April, and I’d spent my last few minutes sitting across the street in a park, shuffling through the index cards I’d been using for weeks to prepare. The cards were organized by topic, each with a few bullet points to remind me of what the man across from me thought about every subject on which he’d had an opinion over the last quarter-century. …
Introductory Note To United Nations Security Council Resolution 2298, David P. Fidler
Introductory Note To United Nations Security Council Resolution 2298, David P. Fidler
Articles by Maurer Faculty
On July 22, 2016, the UN Security Council unanimously adopted Resolution 2298 supporting efforts by the Organisation for the Prohibition of Chemical Weapons (OPCW) to remove chemical weapons from Libya and facilitate their destruction in another country. This resolution was critical to the international effort to prevent chemical weapons in Libya from being at risk of acquisition by members of the so-called Islamic State operating in Libya.
Tlos And Global Financial Markets: The Case Of Derivatives, Hannah L. Buxbaum
Tlos And Global Financial Markets: The Case Of Derivatives, Hannah L. Buxbaum
Articles by Maurer Faculty
No abstract provided.
The Same-Actor Inference Of Nondiscrimination: Moral Credentialing And The Psychological And Legal Licensing Of Bias, Victor D. Quintanilla, Cheryl R. Kaiser
The Same-Actor Inference Of Nondiscrimination: Moral Credentialing And The Psychological And Legal Licensing Of Bias, Victor D. Quintanilla, Cheryl R. Kaiser
Articles by Maurer Faculty
One of the most egregious examples of the tension between federal employment discrimination law and psychological science is the federal common law doctrine known as the same-actor inference.
When originally elaborated by the Fourth Circuit in Proud v. Stone, the same-actor doctrine applied only when an “employee was hired and fired by the same person within a relatively short time span.” In the two decades since, the doctrine has widened and broadened in scope. It now subsumes many employment contexts well beyond hiring and firing, to scenarios in which the “same person” entails different groups of decision makers, and the …
Developments In The Law Affecting Electronic Payments And Financial Services, Sarah Jane Hughes, Stephen T. Middlebrook
Developments In The Law Affecting Electronic Payments And Financial Services, Sarah Jane Hughes, Stephen T. Middlebrook
Articles by Maurer Faculty
No abstract provided.
External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia
External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia
Articles by Maurer Faculty
This Review examines the influence of foreign legal actors on jurisdictions that are not their own. Rachel Stern, a scholar of China, reflects on this point in her groundbreaking book published in 2013. In her penultimate chapter, Stern discusses how such foreign legal actors wield influence in China because of their presence on the ground. Building off of Stern's research, this Review proceeds to ask whether foreign legal actors can influence a domestic environment when that environment prohibits them from permanently working there. The analysis below will suggest so, arguing that the forces of globalization can enable foreign legal …
Cross-Sectional Challenges: Gender, Race, And Six-Person Juries, Jeannine Bell, Mona Lynch
Cross-Sectional Challenges: Gender, Race, And Six-Person Juries, Jeannine Bell, Mona Lynch
Articles by Maurer Faculty
After two grand juries failed to indict the police officers that killed Michael Brown and Eric Garner in 2014, our nation has engaged in polarizing discussions about how juries reach their decision. The very legitimacy of our justice system has come into question. Increasingly, deep concerns have been raised concerning the role of race and gender in jury decision-making in such controversial cases. Tracing the roots of juror decision-making is especially complicated when jurors’ race and gender are factored in as considerations. This Article relies on social science research to explore the many cross-sectional challenges involved in the jurors’ decision …
An Innovative Matrix For Dispute Resolution: The Dubai World Tribunal And The Global Insolvency Crisis, Jayanth K. Krishnan, Harold Koster
An Innovative Matrix For Dispute Resolution: The Dubai World Tribunal And The Global Insolvency Crisis, Jayanth K. Krishnan, Harold Koster
Articles by Maurer Faculty
This study examines a legal experiment that occurred during the height of the global financial crisis. As markets from the United States to Europe to the Global South shook, one country – the United Arab Emirates – found itself on the brink of economic collapse. In particular, in 2009 the U.A.E’s Emirate of Dubai was contemplating defaulting on $60 billion of debt it had amassed. Recognizing that such a default would have cataclysmic reverberations across the globe, Dubai’s governmental leaders turned to a small group of foreign lawyers, judges, accountants, and business consultants for assistance. Working in a coordinated fashion, …