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Articles 1 - 7 of 7
Full-Text Articles in Business Organizations Law
Citizens United And The Threat To The Regulatory State, Tamara R. Piety
Citizens United And The Threat To The Regulatory State, Tamara R. Piety
Michigan Law Review First Impressions
Although Citizens United has been roundly criticized for its potential effect on elections and its display of judicial immodesty (or "activism"), the effect of the case which may be both most profound and perhaps most pernicious is its effect on the commercial speech doctrine. This is an aspect of the case which has been largely overlooked. Most people seem to be unaware of any connection between election law and the commercial speech doctrine-except, that is, those who have been working long and hard to accomplish the change it foreshadows. They are keenly aware of its implications.
The Hypocrisy Of The Acquiescence Canon, Blair C. Warner
The Hypocrisy Of The Acquiescence Canon, Blair C. Warner
Blair C Warner
The Court applies the acquiescence canon to infer that an agency or judicial statutory interpretation is correct when followed by Congressional inaction. This Article will argue that this practice is based on a number of faulty assumptions. Moreover, the canon is applied inconsistently and creates perverse incentives for the legislature. The Article will then explore the Court’s guidance to lower courts against deriving similar inferences from the denial of certiorari, a similar form of inaction. Drawing parallels between Congress and the Court, and noting the many reasons why conclusions should not be drawn from apparent inactivity, this Article will conclude …
Pearson, Iqbal, And Procedural Judicial Activism, Goutam U. Jois
Pearson, Iqbal, And Procedural Judicial Activism, Goutam U. Jois
Goutam U Jois
In its most recent term, the Supreme Court decided Pearson v. Callahan and Ashcroft v. Iqbal, two cases that, even at this early date, can safely be called “game-changers.” What is fairly well known is that Iqbal and Pearson, on their own terms, will hurt civil rights plaintiffs. A point that has not been explored is how the interaction between Iqbal and Pearson will also hurt civil rights plaintiffs. First, the cases threaten to catch plaintiffs on the horns of a dilemma: Iqbal says, in effect, that greater detail is required to get allegations past the motion to dismiss stage. …
The Transformation Of Freedom Of Speech: Unsnarling The Twisted Roots Of Citizens United V. Fec, 44 J. Marshall L. Rev. 69 (2010), Steven J. André
The Transformation Of Freedom Of Speech: Unsnarling The Twisted Roots Of Citizens United V. Fec, 44 J. Marshall L. Rev. 69 (2010), Steven J. André
UIC Law Review
No abstract provided.
How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, 43 J. Marshall L. Rev. 931 (2010), Eric H. Franklin
How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, 43 J. Marshall L. Rev. 931 (2010), Eric H. Franklin
UIC Law Review
No abstract provided.
The Jurisprudence Of Marriage And Other Intimate Relationships, Scott Fitzgibbon
The Jurisprudence Of Marriage And Other Intimate Relationships, Scott Fitzgibbon
Scott T. FitzGibbon
Contains essays about the basic meaning and principles underlying legal regulation of marriage and other relation- ships, written by a dozen prominent legal scholars from five nations, including authorities on jurisprudence and family law and scholars of other relevant disciplines. Topics include the principles used to determine eligibility for particular legal and social recognition; the current status of such relationships in society and law; how such relationships may affect one another; the foundations for public recognition of relationships; and critical analysis of various legal theories that would level such relation- ships. All chapters consider various relationship forms in the light …
"That Man Is You!" The Juristic Person And Faithful Love, Scott T. Fitzgibbon
"That Man Is You!" The Juristic Person And Faithful Love, Scott T. Fitzgibbon
Scott T. FitzGibbon
No abstract provided.