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2018

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Institution
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Articles 61 - 90 of 3425

Full-Text Articles in Law

New Aca Waiver Directives Signal Changes For State Health Insurance Marketplaces, Rachel Gershon, Catherine Torri Dec 2018

New Aca Waiver Directives Signal Changes For State Health Insurance Marketplaces, Rachel Gershon, Catherine Torri

Commonwealth Medicine Publications

New Trump Administrations Section 1332 waiver guidance increases state ACA flexibility. Rachel Gershon & Catie Torri discuss what this could mean for health care policy.


Mmu: 12/03/18–12/09/18, Notre Dame Law School Dec 2018

Mmu: 12/03/18–12/09/18, Notre Dame Law School

Monday Morning Update

Father Mike Scheduled: Tuesday, March 26

Take Home Exam Schedule

Political Science Dept Seeks TAs

Mass Schedule

Announcement - Weekly Bible Study

Legal Voices for Children & Youth Christmas Drive

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

This Week @ NDLS

Song of the Week

Meme of the Week

1L of the Week

Long Reads of the Week


The Wvu Law Advocate, Vol. 3, Wvu Student Bar Association Dec 2018

The Wvu Law Advocate, Vol. 3, Wvu Student Bar Association

The WVU Law Advocate

No abstract provided.


The Keyes Of Constitutional Law, Justin Driver Dec 2018

The Keyes Of Constitutional Law, Justin Driver

Journal Articles

No abstract provided.


Prophylactic Merger Policy, Herbert J. Hovenkamp Dec 2018

Prophylactic Merger Policy, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

An important purpose of the antitrust merger law is to arrest certain anticompetitive practices or outcomes in their “incipiency.” Many Clayton Act decisions involving both mergers and other practices had recognized the idea as early as the 1920s. In Brown Shoe the Supreme Court doubled down on the idea, attributing to Congress a concern about a “rising tide of economic concentration” that must be halted “at its outset and before it gathered momentum.” The Supreme Court did not explain why an incipiency test was needed to address this particular problem. Once structural thresholds for identifying problematic mergers are identified there ...


The Bankruptcy Partition, Douglas G. Baird, Anthony Casey, Randal C. Picker Dec 2018

The Bankruptcy Partition, Douglas G. Baird, Anthony Casey, Randal C. Picker

Journal Articles

No abstract provided.


Law Library Blog (December 2018) : Legal Beagle's Blog Archive, Roger Williams University School Of Law Dec 2018

Law Library Blog (December 2018) : Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Sitaraman’S Mistaken Case For The Middle-Class Constitution, Richard A. Epstein Dec 2018

Sitaraman’S Mistaken Case For The Middle-Class Constitution, Richard A. Epstein

Journal Articles

No abstract provided.


Neoformalist Constitutional Construction And Public Employee Speech, Scott R. Bauries Dec 2018

Neoformalist Constitutional Construction And Public Employee Speech, Scott R. Bauries

Law Faculty Scholarly Articles

This Article examines, evaluates, and prescribes improvements to a familiar form of constitutional construction favored by neoformalists—the preference for rules over standards. Constitutional law development can be understood as being composed of two judicial tasks—interpretation and construction. Judicial interpretation of the Constitution involves determining the semantic meaning of the words contained in the document. Once that semantic meaning is determined, the interpreted meaning must be constructed into legal doctrine for application in court. Sometimes, that construction involves the articulation of the legal doctrines based on the interpreted constitutional text that will govern a particular case and those similar ...


Antitrust Remedies For Labor Market Power, Suresh Naidu, Eric A. Posner, E. Glen Weyl Dec 2018

Antitrust Remedies For Labor Market Power, Suresh Naidu, Eric A. Posner, E. Glen Weyl

Journal Articles

No abstract provided.


Criminal Justice, Inc., John Rappaport Dec 2018

Criminal Justice, Inc., John Rappaport

Journal Articles

No abstract provided.


The Jurisprudence Of Anti-Erosion, Tom Ginsburg Dec 2018

The Jurisprudence Of Anti-Erosion, Tom Ginsburg

Journal Articles

No abstract provided.


Treaties And Human Rights: The Role Of Long-Term Trends, Adam S. Chilton, Eric A. Posner Dec 2018

Treaties And Human Rights: The Role Of Long-Term Trends, Adam S. Chilton, Eric A. Posner

Journal Articles

No abstract provided.


No.45 - December 2018, Center Of Civil Law Studies Dec 2018

No.45 - December 2018, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


Selling Fish To Restaurants And The Public: A Fisher's Guide, Marine Affairs Institute, Roger Williams University School Of Law, Brynae Riggins Dec 2018

Selling Fish To Restaurants And The Public: A Fisher's Guide, Marine Affairs Institute, Roger Williams University School Of Law, Brynae Riggins

Sea Grant Law Fellow Publications

No abstract provided.


Green Technology Diffusion: A Post-Mortem Analysis Of The Eco-Patent Commons, Jorge L. Contreras, Bronwyn H. Hall, Christian Helmers Dec 2018

Green Technology Diffusion: A Post-Mortem Analysis Of The Eco-Patent Commons, Jorge L. Contreras, Bronwyn H. Hall, Christian Helmers

Utah Law Faculty Scholarship

We revisit the effect of the “Eco-Patent Commons” (EcoPC) on the diffusion of patented environmentally friendly technologies following its discontinuation in 2016, using both participant survey and data analytic evidence. Established in January 2008 by several large multinational companies, the not-for-profit initiative provided royalty-free access to 248 patents covering 94 “green” inventions. Hall and Helmers (2013) suggested that the patents pledged to the commons had the potential to encourage the diffusion of valuable environmentally friendly technologies. Our updated results now show that the commons did not increase the diffusion of pledged inventions, and that the EcoPC suffered from several structural ...


The Disenfranchisement Of Ex-Felons In Florida: A Brief History, Sarah A. Lewis Dec 2018

The Disenfranchisement Of Ex-Felons In Florida: A Brief History, Sarah A. Lewis

UF Law Faculty Publications

This paper will explore the origins of Florida’s felony disenfranchisement laws in the period from 1865 to 1968. The first part of this paper will review the Thirteenth Amendment to the U.S. Constitution, which ended slavery, and the Florida Black Code, which sought to return freedmen to a slavery-like status. The second part of the paper will explore Florida’s reaction to the passage of the Reconstruction Act of 1867, which conditioned reentrance into the Union on the writing of new state constitutions by former Confederate states extending the right to vote to all males regardless of race ...


The Influence Of The States In Constitutional Change: A Comparison Of American And Korean Approaches To Constitutional Amendment, John Yoo Dec 2018

The Influence Of The States In Constitutional Change: A Comparison Of American And Korean Approaches To Constitutional Amendment, John Yoo

Faculty Scholarship

No abstract provided.


Cross-Enforcement Of The Fourth Amendment, Orin S. Kerr Dec 2018

Cross-Enforcement Of The Fourth Amendment, Orin S. Kerr

Faculty Scholarship

No abstract provided.


A Progressive Labor Vision Of The First Amendment: Past As Prologue, Catherine L. Fisk Dec 2018

A Progressive Labor Vision Of The First Amendment: Past As Prologue, Catherine L. Fisk

Faculty Scholarship

No abstract provided.


Widely Welcomed And Supported By The Public: A Report On The Title Ix-Related Comments In The U.S. Department Of Education’S Executive Order 13777 Comment Call, Tiffany Buffkin, Nancy Chi Cantalupo, Mariko Cool, Amanda Orlando Dec 2018

Widely Welcomed And Supported By The Public: A Report On The Title Ix-Related Comments In The U.S. Department Of Education’S Executive Order 13777 Comment Call, Tiffany Buffkin, Nancy Chi Cantalupo, Mariko Cool, Amanda Orlando

CLR Online

No abstract provided.


“Insensitive Advertising” Of Foreign Domestic Workers In Singapore: A Violation Of Human Dignity, Benjamin Joshua Ong Dec 2018

“Insensitive Advertising” Of Foreign Domestic Workers In Singapore: A Violation Of Human Dignity, Benjamin Joshua Ong

Research Collection School Of Law

Singapore’s Ministry of Manpower has suspended the licence of an employment agency for advertising the services of foreign domestic workers in an “insensitive” manner which portrayed the workers as a “commodity that can be bought and sold”. It also prosecuted the agency and the employee responsible for the advertisements; the employee has pleaded guilty. The Ministry’s actions are a welcome development in the evolution of the concept of a right to human dignity in Singapore law.


Arb-Med-Arb In Cross-Border Disputes, Janet C. Checkley, Nadja Alexander Dec 2018

Arb-Med-Arb In Cross-Border Disputes, Janet C. Checkley, Nadja Alexander

Research Collection School Of Law

To satisfy the needs of an increasingly diverse set of legal cultures meeting in the global marketplace today, dispute resolution mechanisms must continually evolve. One of the recent solutions to arise out of the blending of legal cultures is evolutionary rather than revolutionary, because it is in fact not new at all: multi-tiered dispute resolution.


Book Review: The Negotiator's Desk Reference, Dorcas Quek Anderson Dec 2018

Book Review: The Negotiator's Desk Reference, Dorcas Quek Anderson

Research Collection School Of Law

Negotiation theory and practice have evolved at a phenomenal pace since thepublication of Fisher and Ury’s seminal work Getting to Yes.1 The sheer breadth of topics inThe Negotiator’s Desk Reference2 (“NDR”) attests to how negotiation has advanced as a multidisciplinary field. Published in 2017 to replace its predecessor The Negotiator’s Fieldbook,3the NDR comprises 101 chapters written by very prominent academics and practitioners drawnfrom a wide range of professions, disciplines and cultures. According to its editors, more thanhalf of the contents are new, reflecting the new frontiers of the negotiation field.


Maine Sexual Assault Kit Study, Alison Grey, Erika Arthur, Viacheslav Tomenko, George Shaler Mph, Elisabeth Snell Dec 2018

Maine Sexual Assault Kit Study, Alison Grey, Erika Arthur, Viacheslav Tomenko, George Shaler Mph, Elisabeth Snell

Justice Policy

The Cutler Institute recently released the Maine Sexual Assault Kit (SAK) Study Report. This report was produced for the Maine Coalition Against Sexual Assault (MECASA). In 2018 MECASA contracted with researchers at the Cutler Institute, with funding in part from a grant from the Office on Violence Against Women STOP Violence Against Women Formula Grant Program, through the Maine Department of Public Safety.

Researchers employed a mixed-methods approach to gather comprehensive data about the current status of sexual assault kits in Maine; the challenges and successes of processing and storing kits in Maine; and nationally recognized best practices.

Findings from ...


A Framework For Thinking About Law School Affordability, Sandy Baum, Accesslex Institute Dec 2018

A Framework For Thinking About Law School Affordability, Sandy Baum, Accesslex Institute

Commissioned Research

This research report, authored by Sandy Baum, Ph.D., explores the most constructive ways to think about the affordability of legal education in the context of trends in law school enrollment, prices, debt and employment. However, the report cautions that law school affordability cannot be evaluated through simple metrics; it must be measured by taking into account the lifetime value of the investment. The report was commissioned by AccessLex Institute to add to the public discourse about what makes law schools affordable for students in different circumstances.


Finding A Better Way Around Employment At Will: Protecting Employees' Autonomy Interests Through Tort Law, William Corbett Dec 2018

Finding A Better Way Around Employment At Will: Protecting Employees' Autonomy Interests Through Tort Law, William Corbett

Journal Articles

No abstract provided.


Plea Agreements As Constitutional Contracts, Colin Miller Dec 2018

Plea Agreements As Constitutional Contracts, Colin Miller

Faculty Publications

In his dissenting opinion in Ricketts v. Adamson, Justice Brennan proposed the idea of plea agreements as constitutional contracts and lamented the fact that the Supreme Court had yet to set up rules of construction for resolving plea deal disputes. Since Adamson, courts have given lip service to Justice Brennan’s dissent and applied his reasoning in piecemeal fashion. No court or scholar, however, has attempted to define the extent to which a plea agreement is a constitutional contract or develop rules of construction to apply in plea deal disputes. This gap is concerning given that ninety-five percent of criminal ...


Sorting Out White-Collar Crime, Miriam Baer Dec 2018

Sorting Out White-Collar Crime, Miriam Baer

Faculty Scholarship

No abstract provided.


Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh Dec 2018

Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh

Research Collection School Of Law

This article provides the most up-to-date examination of the Regional Comprehensive Economic Partnership (RCEP), which is poised to become the world’s largest free trade agreement (FTA). It argues that the 16-country mega-FTA will galvanize the paradigm shift in Asian regionalism and build a normative foundation for the Global South in international economic law. Based on intertwined theoretical and substantive claims, this article opens an inquiry into the assertive legalism of developing nations in the new regional economic order. It further manifests the pivotal force of emerging economies against populist isolationism in the Trump era that undermines the neoliberal foundation ...