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Full-Text Articles in Law

Risks Of Criminal Liability For Union Business Agents, Edwin Render Jun 2012

Risks Of Criminal Liability For Union Business Agents, Edwin Render

Edwin R. Render

This paper discusses some of the risks of violating criminal laws that union stewards and business agents encounter in connection with representing employees. It is not about RICO. The analysis is particularly focused on the types of crimes they might commit inadvertently in grievance meetings with management, when preparing and presenting cases in labor arbitrations and in representing and advising employees in matters such as worker’s compensation and unemployment compensation proceedings. The potential for criminal liability is discussed for business agents and union stewards in both the public and private sectors. While most business agents or stewards would not ...


2006 Scholars And Artists Bibliography, Daniel J. Simon Jun 2012

2006 Scholars And Artists Bibliography, Daniel J. Simon

Daniel J. Simon

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr. Dan Simon was the guest speaker.


Racial Disparities In Sentencing In The U.S. And Georgia, Kamal Rattray, Nicole Lee Jun 2012

Racial Disparities In Sentencing In The U.S. And Georgia, Kamal Rattray, Nicole Lee

Georgia Journal of Public Policy

Incarceration represents the ultimate use of coercive power, and in the state of Georgia, that power is being disproportionately levied upon people of color, particularly African Americans.1 According to 2011 statistics from the Georgia Department of Corrections, the total prison population statewide was approximately 53,341 inmates. The majority of that number were Blacks (33,069 inmates), followed by Whites (17,752 inmates), Hispanics (2,306 inmates) and other ethnic groups.


Off Premises Sunday Sales In Georgia Localities: Will It Affect Traffic Accidents?, Forrest Rose, Nathan Dunkel Jun 2012

Off Premises Sunday Sales In Georgia Localities: Will It Affect Traffic Accidents?, Forrest Rose, Nathan Dunkel

Georgia Journal of Public Policy

Discussions about public policy relating to alcohol cause a polarizing reaction to many people in this country, particularly in the South. The state of Georgia, for example, has a long history of policies regulating alcohol which reflects its membership as part of the “Bible Belt” where Sunday is regarded as a holy day and therefore alcohol cannot and should not be purchased on this day. Given that the impetus of alcohol control policy has generally widened the availability of alcohol since the Prohibition, the moral concerns of voters regarding alcohol regulation have been superseded in the public debate with safety ...


Gender And Securities Law In The Supreme Court, Lyman Johnson, Michelle M. Harner, Jason A. Cantone Jun 2012

Gender And Securities Law In The Supreme Court, Lyman Johnson, Michelle M. Harner, Jason A. Cantone

Michelle M. Harner

The 2010 appointment of Elena Kagan to the United States Supreme Court meant that, for the first time, three female justices would serve together on that court. Less clear is whether Justice Kagan’s gender will really matter in how she votes as a justice. This question is an especially visible aspect of a larger issue: do female judges display gendered voting patterns in the cases that come before them? This article makes a novel contribution to the growing literature on female voting patterns. We investigated whether female justices on the United States Supreme Court voted differently than, or otherwise ...


The Legal Ipad Revolution: Where Are We Now And Where Are We Going?, Debbie Ginsberg Jun 2012

The Legal Ipad Revolution: Where Are We Now And Where Are We Going?, Debbie Ginsberg

Presentations

Presentation from the Center for Computer-Assisted Legal Instruction 2012 Conference for Law School Computing.

To view this file, download the free Prezi software.


The Plenary Power Immigration Doctrine: The Post 9/11 Hijacking Of State Legislatures, Geordan S. Kushner Jun 2012

The Plenary Power Immigration Doctrine: The Post 9/11 Hijacking Of State Legislatures, Geordan S. Kushner

Geordan S Kushner

The Supreme Court has determined Congress’ authority over immigration policy to be one of its plenary powers. Classifying immigration as a plenary power effectively precludes any external involvement and/or interference from any other entity. From the early 1900s and into the 21st Century, Congressional plenary authority over immigration had come to be expected and desired in the United States. However, one event changed this, essentially rendering that power over immigration unconstitutional when taken in light of other doctrines the Court has iterated.

The event that brought about this transformation was the terrorist attacks of September 11, 2001. The attacks ...


Record Number Of Golden Gate University School Of Law Students Receive California Bar Foundation Scholarships, Lisa Lomba Jun 2012

Record Number Of Golden Gate University School Of Law Students Receive California Bar Foundation Scholarships, Lisa Lomba

Press Releases

Six Golden Gate University School of Law students have received 2012 California Bar Foundation Scholarships – more scholarship recipients than any other California law school this year, with the exception of Stanford with whom Golden Gate tied. Three students received awards from the foundation’s flagship Public Interest Scholarship Program and three were awarded scholarships under the foundation’s Rosenthal Bar Exam Scholarship Program. The scholarships are awarded to exceptional law students who demonstrate a commitment to public service and academic excellence.


Mississippi May Become First U.S. State With No Abortion Clinic, Esmé Deprez, Elizabeth Waibel Jun 2012

Mississippi May Become First U.S. State With No Abortion Clinic, Esmé Deprez, Elizabeth Waibel

Wendy E. Parmet

No abstract provided.


Us Judge Rules Netflix Subject To Disability Act, Hiawatha Bray Jun 2012

Us Judge Rules Netflix Subject To Disability Act, Hiawatha Bray

Wendy E. Parmet

No abstract provided.


Back To Basics: An Agenda For The Maryland General Assembly To Protect The Environment, Rena I. Steinzor, Lee Huang Jun 2012

Back To Basics: An Agenda For The Maryland General Assembly To Protect The Environment, Rena I. Steinzor, Lee Huang

Rena I. Steinzor

Maryland has a long-held reputation as a regional and national leader in environmental protection. But in some areas, especially enforcement, that reputation warrants scrutiny. For example, Maryland charges less than Pennsylvania and Virginia for some pollutant discharge permits, and the state does not assess permit fees for municipalities despite the resources required to administer those permits. The penalties for violating the Clean Water Act have remained chronically below the level allowed under federal law. Maryland law does not require MDE to penalize polluters for the full amount of the economic gain they achieved by flouting the law, unlike laws in ...


Water Quality Trading In The Chesapeake Bay, Rena Steinzor, Nicholas Vidargas, Shana Jones, Yee Huang Jun 2012

Water Quality Trading In The Chesapeake Bay, Rena Steinzor, Nicholas Vidargas, Shana Jones, Yee Huang

Rena I. Steinzor

In May 2009, President Obama issued an Executive Order on Chesapeake Bay Protection and Restoration, declaring the Bay a national treasure and signaling that EPA will play a strong role in leading Bay cleanup. The order marked a dramatic departure, offering the promise of federal leadership on Bay cleanup. The following year, EPA issued a Chesapeake Total Maximum Daily Load (TMDL), a pollution budget for Bay states. Faced with a federal commitment, the states have begun work on complying with the TMDL. One Bay-wide approach under consideration is a market-based initiative, water quality trading, that would allow polluters to trade ...


Manure In The Bay: A Report On Industrial Animal Agriculture In Maryland And Pennsylvania, Rena I. Steinzor, Yee Huang Jun 2012

Manure In The Bay: A Report On Industrial Animal Agriculture In Maryland And Pennsylvania, Rena I. Steinzor, Yee Huang

Rena I. Steinzor

This report provides a substantive and detailed look at the concentrated animal feeding operations (CAFO) and other animal feeding operations (AFO) programs in Maryland and Pennsylvania, as well as a general overview of the federal CAFO program. The information in this report was gathered through publicly available resources as well as a series of interviews with agency officials and other individuals who work with the animal agricultural sector. This report identifies concrete and practical recommendations for improving how the waste generated by animal industrial agriculture is managed and controlled by EPA, the Maryland Department of Environment (MDE), and the Pennsylvania ...


On Thinking About A Description Of A Country's Civil Procedure, Stephen Subrin Jun 2012

On Thinking About A Description Of A Country's Civil Procedure, Stephen Subrin

Stephen N. Subrin

No abstract provided.


Descentralización, Jose Luis Sardon Jun 2012

Descentralización, Jose Luis Sardon

Jose Luis Sardon

No abstract provided.


Superpower Responsibility For State Recognition: Charting A Course For Nagorno-Karabakh, Amit Chhabra Jun 2012

Superpower Responsibility For State Recognition: Charting A Course For Nagorno-Karabakh, Amit Chhabra

Amit Chhabra

Nations routinely refrain from intervening in one another’s domestic affairs out of mutual respect for territorial integrity and international comity. On this basis, the international community has since 1994 determined to not recognize the Nagorno-Karabakh region (NKR) as independent from the Republic of Azerbaijan, with the understanding that this view might change if an OSCE-sponsored negotiation effort determines that NKR should gain de jure independence rather than obtain a semi-autonomous status within Azerbaijan. By contrast, some of the world’s leading powers have quickly recognized or dismissed similar independence struggles, where doing so was guided by their own strategic ...


Obamacare And Federalism's Tug Of War Within, Erin Ryan Jun 2012

Obamacare And Federalism's Tug Of War Within, Erin Ryan

Erin Ryan

This month, the Supreme Court will decide what some believe will be among the most important cases in the history of the institution. In the “Obamacare” cases, the Court considers whether the Affordable Care Act (“ACA”) exceeds the boundaries of federal authority under the various provisions of the Constitution that establish the relationship between local and national governance. Its response will determine the fate of Congress’s efforts to grapple with the nation’s health care crisis, and perhaps other legislative responses to wicked regulatory problems like climate governance or education policy. Whichever way the gavel falls, the decisions will ...


Leveling The Playing Field: Reforming The H-2b Program To Protect Guestworkers And U.S. Workers, Penn State Law Immigrants' Rights Clinic, National Guestworker Alliance Jun 2012

Leveling The Playing Field: Reforming The H-2b Program To Protect Guestworkers And U.S. Workers, Penn State Law Immigrants' Rights Clinic, National Guestworker Alliance

Center for Immigrants' Rights Clinic Publications

This report highlights cases of exploitation from Texas to Tennessee, and calls for four indispensible reforms that would end employer abuse and protect both guest workers and U.S. workers: (1) Guaranteeing guest workers the right to organize without fear of retaliation; (2) Prohibiting employers from using guest workers as cheap, exploitable alternatives to U.S. workers; (3) Eliminating debt servitude and other elements of human trafficking in the program; and (4) Subjecting employers to meaningful government enforcement and community oversight.


New Technologies And Constitutional Law, Thomas Fetzer, Christopher S. Yoo Jun 2012

New Technologies And Constitutional Law, Thomas Fetzer, Christopher S. Yoo

Faculty Scholarship at Penn Law

No abstract provided.


Masshealth: The Basics - Facts, Trends And National Context, Robert W. Seifert Jun 2012

Masshealth: The Basics - Facts, Trends And National Context, Robert W. Seifert

Commonwealth Medicine Publications

This updated June 2012 report provides an overview of MassHealth, the Massachusetts state Medicaid program, eligibility and enrollment information, spending growth statistics, and cost drivers analysis. Client/Partner: Blue Cross Blue Shield of Massachusetts Foundation


Speaker, “Litigating Religion”, Michael Helfand Jun 2012

Speaker, “Litigating Religion”, Michael Helfand

Michael A Helfand

No abstract provided.


Conversations: David Gamage, David Gamage Jun 2012

Conversations: David Gamage, David Gamage

David Gamage

Tax Analysts' Matthew Dalton recently spoke with David Gamage of the University of California Berkeley School of Law about his recent stint working at Treasury and the unexpected tax consequences of healthcare reform.


Cal Poly Technology Park, Jim M. Dunning Jun 2012

Cal Poly Technology Park, Jim M. Dunning

Jim M Dunning

No abstract provided.


South Hadley Falls: Report On The Public Process, Elizabeth Brabec, Mark Hamin Jun 2012

South Hadley Falls: Report On The Public Process, Elizabeth Brabec, Mark Hamin

Elizabeth Brabec

The goals of this design and visioning process were:

• to identify a common vision for the future of South Hadley Falls;

• to identify opportunities for future growth, change and development that are appropriate to the vision; and

• to consider creative visions to identify alternative outcomes.

Spread over a period of months from September 2011 through February 2012, the process was composed of four activities:

1. an initial information gathering phase of documentary research into the history, background and demographics of the community;

2. a visit to and discussions with residents;

3. a community design charrette to discuss potential design options ...


Pre-Occupazione E In-Occupazione Giovanile. Risposte Del Diritto “Riflessivo” Al Mercato Del Lavoro, Michele Faioli Jun 2012

Pre-Occupazione E In-Occupazione Giovanile. Risposte Del Diritto “Riflessivo” Al Mercato Del Lavoro, Michele Faioli

Michele Faioli

The core idea of this essay is that strengthening social security system is key to making the duality of labor law, as it reflects the tension between law and markets, a positive force for reconciling demands for modernization with demands for decent work. This essay sets the stage for a larger-scale comparative project on the duality of labor law which arises from the functioning of labor law in relation to the application of the principle of decency at work.


Should Assisted Dying Be Lawful?, Charles Olubokun Mr Jun 2012

Should Assisted Dying Be Lawful?, Charles Olubokun Mr

Charles Olubokun Mr

Should Assisted Dying be lawful? This is a complex ethical and legal question, a delicate, emotive issue, turning the traffic light from red to green on state prohibited assisted dying would be a difficult task. The subject of assisted dying is highly controversial and opinions to legalise it are split.


Interview With Ernest F. “Fritz” Hollings By Andrea L’Hommedieu, Ernest 'Fritz' F. Hollings Jun 2012

Interview With Ernest F. “Fritz” Hollings By Andrea L’Hommedieu, Ernest 'Fritz' F. Hollings

George J. Mitchell Oral History Project

Biographical Note
Ernest F. “Fritz” Hollings served in WWII, represented Charleston in the S.C. House, 1949-1954, and served as Lt. Governor and Governor, 1955-1963, and U.S. Senator, 1966-2005. In the House, he supported anti-lynching legislation, a sales tax for education, an increase in teacher salaries, and unemployment compensation reform. He went after industrial interests as Lt. Governor and built on this success as Governor. He worked to improve the state's educational system at all levels, develop industry, and balance the budget. As Senator, he cultivated a lasting interest and devotion to issues including campaign financing, international trade ...


Taming Negotiated Justice, Stephanos Bibas Jun 2012

Taming Negotiated Justice, Stephanos Bibas

Faculty Scholarship at Penn Law

After four decades of neglecting laissez-faire plea bargaining, the Supreme Court got it right. In Missouri v. Frye and Lafler v. Cooper, the Court recognized that the Sixth Amendment regulates plea bargaining. Thus, the Court held that criminal defendants can challenge deficient advice that causes them to reject favorable plea bargains and receive heavier sentences after trial. Finally, the Court has brought law to the shadowy plea-bargaining bazaar.

Writing in dissent, Justice Scalia argued that the majority’s opinion “opens a whole new boutique of constitutional jurisprudence (‘plea-bargaining law’).” To which I say: it is about time the Court developed ...


Moderator, Corporation Speech After Citizens United, Kent Greenfield Jun 2012

Moderator, Corporation Speech After Citizens United, Kent Greenfield

Kent Greenfield

No abstract provided.


Prime Time For Japan To Take Another Step Forward In Lay Participation: Exploring Expansion To Civil Trials, Matthew J. Wilson Jun 2012

Prime Time For Japan To Take Another Step Forward In Lay Participation: Exploring Expansion To Civil Trials, Matthew J. Wilson

Matthew J. Wilson

As juries in the U.S. and other parts of the world have increasingly come under attack, many countries in Asia have recently turned to juries or quasi-juries in an effort to enhance judicial credibility, ensure justice, facilitate civic engagement, and even stimulate economic reform and recovery. In fact, Japan has led the recent movement of citizen participation in criminal judicial proceedings, and other Asian powers including South Korea, Taiwan, and China have followed its lead to varying degrees. Eyes around the world are focusing on Japan to see how its new jury system (more commonly known as its “lay ...