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Articles 16741 - 16770 of 17867
Full-Text Articles in Law
The Accommodation Doctrine Revisited: Implications In Law And In Policy., Courtney R. Potter
The Accommodation Doctrine Revisited: Implications In Law And In Policy., Courtney R. Potter
St. Mary's Law Journal
Abstract Forthcoming.
Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe
Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe
Faculty Scholarship
This article problematizes the use of the bona fide case standard as the legal standard for a court to order a third party Internet Service Provider ("ISP") to disclose subscriber information to a copyright owner in online piracy cases. It argues that ISP account holders have a reasonable expectation of privacy in their subscriber information. It contends that the current bona fide case standard affords a relatively low threshold of protection for Internet users’ subscriber information. The reason for which the article takes this position is that the bona fide case standard can be met solely by IP address evidence, …
The Hidden Costs Of Health Care Cost-Cutting: Toward A Postneoliberal Health-Reform Agenda, Frank Pasquale
The Hidden Costs Of Health Care Cost-Cutting: Toward A Postneoliberal Health-Reform Agenda, Frank Pasquale
Faculty Scholarship
No abstract provided.
The Tax Reform Road Not Taken – Yet, Michael J. Graetz
The Tax Reform Road Not Taken – Yet, Michael J. Graetz
Faculty Scholarship
The United States has traveled a unique tax policy path, avoiding value added taxes (VATs), which have now been adopted by every OECD country and 160 countries worldwide. Moreover, many U.S. consumption tax advocates have insisted on direct personalized taxes that are unlike taxes used anywhere in the world. This article details a tax reform plan that uses revenues from a VAT to substantially reduce and reform our nation’s tax system. The plan would (1) enact a destination-based VAT; (2) use the revenue produced by this VAT to finance an income tax exemption of $100,000 of family income and to …
Exploring The Relationship Between Consent, Assumption Of Risk, And Victim Negligence, Kenneth Simons
Exploring The Relationship Between Consent, Assumption Of Risk, And Victim Negligence, Kenneth Simons
Faculty Scholarship
This chapter analyzes the nature of consensual rationales for precluding tort liability, and explores the relationship between consent to an intentional tort, assumption of risk, and victim negligence. Is consent conceptually and normatively distinguishable from assumption of risk? Yes and no: they differ in some respects, but share a common core. Are they equally valid bases for precluding, and not merely reducing, recovery? Yes: court justifiably invoke consent more often than assumption of risk, not because the doctrines differ in principle, but because of factual differences between the most common scenarios in which each arises. In paradigm consent scenarios, the …
Toward A Regulatory Framework For Third-Party Funding Of Litigation, Keith N. Hylton
Toward A Regulatory Framework For Third-Party Funding Of Litigation, Keith N. Hylton
Faculty Scholarship
Because third-party funding and sales of legal rights are equivalent in terms of their economics, I examine arrangements in which third-party sales of legal rights are permitted today; those arrangements include waiver, subrogation, and settlement agreements. These existing arrangements provide valuable lessons for the appropriate regulatory approach to third-party financing of litigation.
Best Interests Of The Child Principle In The Context Of Parent Separation Or Divorce : As Conceptualised By The Community, Nadia Dias
Theses: Doctorates and Masters
Best interests of the child (BIC) is a construct that is central to legal decisions in several areas including parenting matters in the Family Courts, guardianship, child-protection, and adoption. Despite the centrality of the construct, BIC has not been operationalised (Thomson & Molloy, 2001) and there is little agreement about what is considered best for children within social service and legal communities (Banach, 1998). Given that one of the aims of law is to reflect public sentiment (Green, 1996), the current study explored the general public’s conceptualisation of BIC. More specifically, I sought to determine what community members think the …
The Day After Tomorrow: A Survey Of How Gulf Coast State Utility Commissions And Utilities Are Preparing For Future Storms, Katherine Carey
The Day After Tomorrow: A Survey Of How Gulf Coast State Utility Commissions And Utilities Are Preparing For Future Storms, Katherine Carey
Sabin Center for Climate Change Law
With widespread outages caused by devastating natural disasters such as Superstorm Sandy and Hurricane Ike in the nation’s recent memory, the public wants to know that the electric utility industry is prepared to withstand and respond to the storms of the future. But is the industry prepared? The government’s role in regulating the electric utility industry makes it impossible to properly analyze why industry players are prepared or unprepared without looking at the actions and decisions of the state regulatory officials. The industry’s actions are inherently tied to the regulations it is required to follow and the costs it is …
Reverse Environmental Assessment Analysis For The Adaptation Of Projects, Plans, And Programs To The Effects Of Climate Change In The Eu Evaluation Of The Proposal For An Eia Directive, Teresa Parejo-Navajas
Reverse Environmental Assessment Analysis For The Adaptation Of Projects, Plans, And Programs To The Effects Of Climate Change In The Eu Evaluation Of The Proposal For An Eia Directive, Teresa Parejo-Navajas
Sabin Center for Climate Change Law
It is clear that mitigation measures are not enough to tackle climate change effects and, therefore, some adaptation measures will be needed to improve resiliency. The new Reverse Environmental Impact Assessment (REIA) analysis, so named by Professor Michael B. Gerrard1, evaluates the impacts that the “transformed environment” – a result of the adverse effects of climate change – may cause to a project, plan, or program, in order to allow those undertaking these activities to act proactively.
There are many countries that have taken action accordingly. The EU has elaborated “Guidances” on integrating climate and biodiversity into either the Environmental …
Exceptional Authorship: The Role Of Copyright Exceptions In Promoting Creativity, Jane C. Ginsburg
Exceptional Authorship: The Role Of Copyright Exceptions In Promoting Creativity, Jane C. Ginsburg
Faculty Scholarship
A lawyer for an immense copyright-exploiting corporation, casting himself as a defender of authors’ rights, challenged his interlocutor’s incredulity with the following assertion: given today’s diversity of authors, ‘more of them depend on limitations and exceptions than on exclusive rights’. Some might cringe at the resemblance of this credo to Orwell’s ‘Freedom Is Slavery!’ Nonetheless, I would like to take seriously the proposition that today’s authors need copyright exceptions and limitations more than they need exclusive rights.
First, I will test the proposition by examining what one might call authorship-oriented exceptions, from ‘fair abridgement’ in early English cases to the …
Surprisingly Punitive Damages, Bert I. Huang
Surprisingly Punitive Damages, Bert I. Huang
Faculty Scholarship
Damages can add up to super-punitive amounts in unintended ways. To take a textbook example: The Defendant has caused an industrial accident or other mass tort. Plaintiff 1 sues, winning punitive damages based on the reprehensibility of that original act. Plaintiff 2 also sues – and also wins punitive damages on the same grounds. So do Plaintiff 3, Plaintiff 4, and so forth. If each of these punitive awards is directed at the same general badness of that original act, then these punishments are redundant. When such redundancy occurs, even damages that are meant to be punitive can reach surprisingly …
Moocs And Legal Education: Valuable Innovation Or Looming Disaster?, Philip G. Schrag
Moocs And Legal Education: Valuable Innovation Or Looming Disaster?, Philip G. Schrag
Villanova Law Review
No abstract provided.
Undermining Or Promoting Democratic Government?: An Economic And Empirical Analysis Of The Two Views Of Public Sector Collective Bargaining In American Law, Kenneth G. Dau-Schmidt, Mohammad Khan
Undermining Or Promoting Democratic Government?: An Economic And Empirical Analysis Of The Two Views Of Public Sector Collective Bargaining In American Law, Kenneth G. Dau-Schmidt, Mohammad Khan
Articles by Maurer Faculty
No abstract provided.
Grappling At The Grassroots: Access To Justice In India's Lower Tier, Jayanth K. Krishnan, Shirish N. Kavadi, Azima Girach, Dhanaji Khupkar, Kilindi Kokal, Satyajeet Mazumdar, Nupar, Gayatri Panday, Aatreyee Sen, Aqseer Sodhi, Bharati Takale Shukla
Grappling At The Grassroots: Access To Justice In India's Lower Tier, Jayanth K. Krishnan, Shirish N. Kavadi, Azima Girach, Dhanaji Khupkar, Kilindi Kokal, Satyajeet Mazumdar, Nupar, Gayatri Panday, Aatreyee Sen, Aqseer Sodhi, Bharati Takale Shukla
Articles by Maurer Faculty
From 2010 to 2012, a team of academic and civil society researchers conducted extensive ethnographies of litigants, judges, lawyers, and courtroom personnel within multiple districts in three states: Maharashtra, Gujarat, and Himachal Pradesh. This Article provides an in-depth account of the everyday struggles these actors face in the pursuit of their respective objectives. The findings illustrate a complex matrix of variables-including infrastructure, staffing, judicial training and legal awareness, costs and continuances, gender and caste discrimination, power imbalances, intimidation and corruption, miscellaneous delays, and challenges with specialized forums-impact access to justice in the lower tier. The results of this study offer …
Human Capital Accounting, William D. Henderson
Human Capital Accounting, William D. Henderson
Articles by Maurer Faculty
No abstract provided.
Access To Counsel: Psychological Science Can Improve The Promise Of Civil Rights Enforcement, Victor D. Quintanilla, Cheryl R. Kaiser
Access To Counsel: Psychological Science Can Improve The Promise Of Civil Rights Enforcement, Victor D. Quintanilla, Cheryl R. Kaiser
Articles by Maurer Faculty
Employment discrimination claimants in general, and racial minority claimants in particular, disproportionately lack access to legal counsel. When employment discrimination claimants lack counsel, they typically abandon their claims, or if they pursue their claims, they do so pro se (without counsel), a strategy that is seldom successful in court. Access to counsel is, hence, a decisive component in whether employment discrimination victims realize the potential of civil rights enforcement. Psychological science analyzes access to counsel by identifying psychological barriers—such as threatened social identity, mistrust in legal authorities, and fear of repercussions—that prevent employment discrimination victims from pursuing counsel. The analysis …
The Problem Of Settlement Class Actions, Howard M. Erichson
The Problem Of Settlement Class Actions, Howard M. Erichson
Faculty Scholarship
This article argues that class actions should never be certified solely for purposes of settlement. Contrary to the widespread “settlement class action” practice that has emerged in recent decades, contrary to current case law permitting settlement class certification, and contrary to recent proposals that would extend and facilitate settlement class actions, this article contends that settlement class actions are ill-advised as a matter of litigation policy and illegitimate as a matter of judicial authority. This is not to say that disputes should not be resolved on a classwide basis, or that class actions should not be resolved by negotiated resolutions. …
Measuring Circuit Splits: A Cautionary Note, Aaron-Andrew P. Bruhl
Measuring Circuit Splits: A Cautionary Note, Aaron-Andrew P. Bruhl
Faculty Publications
A number of researchers have recently published new measures of the Supreme Court’s behavior in resolving conflicts in the lower courts. These new measures represent an improvement over prior, cruder approaches, but it turns out that measuring the Court’s resolutions of conflicts is surprisingly difficult. The aim of this methodological comment is to describe those difficulties and to establish several conclusions that follow from them. First, the new measures of the Court’s behavior are certainly imprecise and may reflect biased samples. Second, using the Supreme Court Database, which some studies rely on to assemble a dataset of cases resolving conflicts, …
Immaculate Defamation: The Case Of The Alton Telegraph, Alan M. Weinberger
Immaculate Defamation: The Case Of The Alton Telegraph, Alan M. Weinberger
Texas A&M Law Review
At the confluence of three major rivers, Madison County, Illinois, was also the intersection of the nation’s struggle for a free press and the right of access to appellate review in the historic case of the Alton Telegraph. The newspaper, which helps perpetuate the memory of Elijah Lovejoy, the first martyr to the cause of a free press, found itself on the losing side of the largest judgment for defamation in U.S. history as a result of a story that was never published in the paper—a case of immaculate defamation. Because it could not afford to post an appeal bond …
Texas A&M University School Of Law’S Distinguished Practitioner Speaker Series, Maureen E. Mahoney
Texas A&M University School Of Law’S Distinguished Practitioner Speaker Series, Maureen E. Mahoney
Texas A&M Law Review
Maureen E. Mahoney is the founder and a member of the Supreme Court and appellate practice at the international law firm of Latham & Watkins. Among her numerous achievements, Ms. Mahoney represented the University of Michigan before the Supreme Court and won the landmark case upholding the constitutionality of admissions programs that consider race as one of many factors in order to attain the educational benefits of a diverse student body. She also successfully argued on behalf of Arthur Andersen in a Supreme Court challenge to the firm’s criminal conviction. Additionally, she has consistently been recognized as one of the …
Commercializing The Digital Canvas: Renewing Rights Of Attribution For Artists, Authors, And Performers, Jon M. Garon
Commercializing The Digital Canvas: Renewing Rights Of Attribution For Artists, Authors, And Performers, Jon M. Garon
Texas A&M Law Review
Over the past two decades, a series of trends in constitutional and intellectual property have significantly reshaped the impact of traditional intellectual property laws for the art community. Attribution of a work to the artist and protection of the integrity of a work from alternation are historical bedrocks of artistic protections, but those protections have been diminished for digital artists. The Visual Artists Rights Act excludes digital works from the definition of works of visual art, thus excluding these works from rights of attribution and integrity. 3 At the time, rights of attribution and integrity were seen as quasi-trademark rights, …
When The Author Owns The World: Copyright Issues Arising From Monetizing Fan Fiction, Steven D. Jamar, Christen B’Anca Glenn
When The Author Owns The World: Copyright Issues Arising From Monetizing Fan Fiction, Steven D. Jamar, Christen B’Anca Glenn
Texas A&M Law Review
Fan fiction is amateur writing that imaginatively reinvents a work in pop culture while maintaining the identifiable aspects of the preexisting work. Fans of various books, films, and television series write their own versions of the stories and post them online in fan fiction communities. Fan fiction as practiced today is a way for fans to creatively express themselves and become integrated into the story and world they love. The stories range from highly derivative works, where relatively few plot points are changed, to entirely new plot lines using the same world and characters of the original, underlying work. Some …
Perpetual Finality: In Immigration Removal Proceedings, Motions To Reopen Create More Problems Than They Solve, Robert L. Koehl
Perpetual Finality: In Immigration Removal Proceedings, Motions To Reopen Create More Problems Than They Solve, Robert L. Koehl
Texas A&M Law Review
Immigrants who have been ordered removed may challenge their final removal order by filing a motion for the court to reopen their case. Motions to reopen removal cases are common within the immigration system, but offer little chance for an alien to actually receive relief. These motions are typically subject to strict time and numerical limitations. And the legal bases for reopening an immigrant’s case render the alien’s chances unlikely.
Current statute and case law provide seven grounds for an immigrant to reopen a case. These grounds stem from United States Code, the Code of Federal Regulations, and the Board …
2014–2015 Texas A&M Law Review Masthead
2014–2015 Texas A&M Law Review Masthead
Texas A&M Law Review
2014–2015 Texas A&M Law Review Masthead
Debating Law’S Irrelevance: Legal Scholarship And The Coase Theorem In The 1960s, Steven G. Medema
Debating Law’S Irrelevance: Legal Scholarship And The Coase Theorem In The 1960s, Steven G. Medema
Texas A&M Law Review
Ronald Coase’s classic article, The Problem of Social Cost, is widely credited with playing a significant role in the development of the economic analysis of law—one of the most influential new movements in legal scholarship in the last third of the twentieth century. The traditional history here is that this impact came via two routes: one, through the effect of Coase’s article in stimulating economists to analyze issues that had traditionally been the province of legal scholars (that is, Coase as a stimulus for “economics imperialism”); and two, through Coase’s impact on the thinking of Richard Posner, who was moved …
A Majestic Vacation: The Third Circuit Takes A Break From The Modern Trend Of Including Subchapter S Elections In The Property Of A Bankruptcy Estate, C. Chadwick Cullum
A Majestic Vacation: The Third Circuit Takes A Break From The Modern Trend Of Including Subchapter S Elections In The Property Of A Bankruptcy Estate, C. Chadwick Cullum
Texas A&M Law Review
Subchapter S elections provide small businesses and their owners with substantial tax benefits. These elections allow the businesses to avoid taxation at the corporate level and cause the tax liability of the company to pass through to the shareholders. When a Subchapter S entity enters bankruptcy, the company expects tax liability to continue to pass through to the shareholders, but the shareholders often want to shift the tax liability back onto the company because they do not have access to the company’s income while it is in bankruptcy. Whether Subchapter S elections are property of the company’s bankruptcy estate is …
Book Review: Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Sonia N. Lawrence
Book Review: Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Sonia N. Lawrence
Articles & Book Chapters
This is a book review of Presumed Incompetent: The Intersections of Race and Class for Women in Academia Gabriella Gutierrez y Muhs, Yolanda Flores Niemann, Carmen G. Gonzalez, and Angela P. Harris, eds., Boulder, CO: Utah State University Press, 2012.
Health Policy And The Syrian Chemical Weapons Crisis, David P. Fidler
Health Policy And The Syrian Chemical Weapons Crisis, David P. Fidler
Articles by Maurer Faculty
For health policy, armed conflicts constitute one of the most severe emergency contexts in which health, well-being, and determinants of health are threatened. The Syrian civil war has proved no different, as health experts repeatedly lament the humanitarian debacle the Syrian conflict has become. The main distinguishing feature of the Syrian civil war has been the large-scale use of chemical weapons in August 2013. This essay analyzes the chemical weapons crisis and its diplomatic resolution from a health policy perspective, with particular attention on whether the handling of this crisis created positive health policy “spillover” opportunities for more effectively addressing …
Market Structure And Political Law: A Taxonomy Of Power, Zephyr Teachout, Lina M. Khan
Market Structure And Political Law: A Taxonomy Of Power, Zephyr Teachout, Lina M. Khan
Faculty Scholarship
The goal of this Article is to create a way of seeing how market structure is innately political. It provides a taxonomy of ways in which large companies frequently exercise powers that possess the character of governance. Broadly, these exercises of power map onto three bodies of activity we generally assign to government: to set policy, to regulate markets, and to tax. We add a fourth category – which we call "dominance," after Brandeis – as a kind of catchall describing the other political impacts. The activities we outline will not always fit neatly into these categories, nor do all …