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Jurisprudence Commons

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Articles 1 - 12 of 12

Full-Text Articles in Jurisprudence

Holding Ridesharing Companies Accountable In Texas, Martha Alejandra Salas Aug 2018

Holding Ridesharing Companies Accountable In Texas, Martha Alejandra Salas

St. Mary's Law Journal

Abstract forthcoming


Teaching The Lochner Era, Barry Cushman Jul 2018

Teaching The Lochner Era, Barry Cushman

Journal Articles

This article, prepared for the St. Louis University Law Journal's issue on “Teaching the Fourteenth Amendment,” develops a taxonomy of the Supreme Court's economic substantive due process jurisprudence during the so-called “Lochner Era” of the late-19th and early-20th centuries, and offers an assessment of the trajectory and mechanisms of the decline of that body of doctrine.


Remedies In The Ucc: Some Critical Thoughts, Victor Goldberg Jun 2018

Remedies In The Ucc: Some Critical Thoughts, Victor Goldberg

Barry Law Review

No abstract provided.


Uniform Commercial Code Article Two Revisions: The View Of The Trenches, Henry Gabriel Jun 2018

Uniform Commercial Code Article Two Revisions: The View Of The Trenches, Henry Gabriel

Barry Law Review

No abstract provided.


Foreword, Leticia Diaz Jun 2018

Foreword, Leticia Diaz

Barry Law Review

No abstract provided.


The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White Jun 2018

The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White

Barry Law Review

No abstract provided.


Importing Uniform Sales Law Into Article 2, Steven Walt Jun 2018

Importing Uniform Sales Law Into Article 2, Steven Walt

Barry Law Review

No abstract provided.


The Myth Of Trade Usages: A Talk, Lisa Bernstein Jun 2018

The Myth Of Trade Usages: A Talk, Lisa Bernstein

Barry Law Review

No abstract provided.


The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White Jun 2018

The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White

Barry Law Review

No abstract provided.


Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century, Robert A. Hillman Jun 2018

Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century, Robert A. Hillman

Barry Law Review

No abstract provided.


Whistleblowers—A Case Study In The Regulatory Cycle For Financial Services, Ronald H. Filler, Jerry W. Markham Jun 2018

Whistleblowers—A Case Study In The Regulatory Cycle For Financial Services, Ronald H. Filler, Jerry W. Markham

Brooklyn Journal of Corporate, Financial & Commercial Law

The Securities and Exchange Commission and the Commodity Futures Trading Commission were directed by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) to create whistleblower protection programs that reward informants with massive bounty payments. At the time of its passage, the Dodd-Frank Act was a highly controversial statute that was passed on partisan lines. Its whistleblowing authority was one of its “most contentious provisions.” As the result of the 2016 elections, the Dodd-Frank Act has come under renewed attack in Congress and by the new Trump administration. The stage is being set for possible repeal of …


'A Body Of Sound Practical Common Sense': Law Reform Through Lay Judges, Public Choice Theory, And The Transformation Of American Law, Gregory S. Sergienko Mar 2018

'A Body Of Sound Practical Common Sense': Law Reform Through Lay Judges, Public Choice Theory, And The Transformation Of American Law, Gregory S. Sergienko

Greg Sergienko

... [T]hree of the earliest and most influential proponents of the argument that public choice theory implies that courts produce better rules than legislators are Judge Frank Easterbrook, Judge Richard Posner, and Justice Antonin Scalia. These proponents of social choice theory conclude from this that judicial decisions are more to be trusted than legislative decisions and therefore favor a variety of devices to expand judicial power. These include interpreting statutes restrictively, which leaves the decision up to the pre-existing judge-made law; interpreting statutes in a common-law fashion, which allows judges their traditional rule-making powers; and ignoring legislative intent, which leaves, …