Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (7)
- Law and Society (7)
- State and Local Government Law (6)
- Law and Politics (5)
- Legal History (5)
-
- Civil Law (4)
- Comparative and Foreign Law (4)
- Jurisprudence (4)
- Civil Rights and Discrimination (3)
- Criminal Law (3)
- Criminal Procedure (3)
- Health Law and Policy (3)
- Immigration Law (3)
- Jurisdiction (3)
- Medical Jurisprudence (3)
- Sexuality and the Law (3)
- Arts and Humanities (2)
- Courts (2)
- Food and Drug Law (2)
- Fourth Amendment (2)
- Legal Education (2)
- Legal Writing and Research (2)
- Litigation (2)
- Medicine and Health Sciences (2)
- Public Law and Legal Theory (2)
- Science and Technology Law (2)
- Social Welfare Law (2)
- Social and Behavioral Sciences (2)
- Keyword
-
- Legislation (5)
- Baker v. State (2)
- Cigarettes (2)
- Common Benefits Clause (2)
- Comparative law (2)
-
- Constitutional jurisprudence (2)
- Constitutional scholarship (2)
- Criminal Law and Procedure (2)
- Health law (2)
- Immigration (2)
- Law school curriculum (2)
- Litigation (2)
- Medical malpractice (2)
- New Judicial Federalism (2)
- Same-sex marriage (2)
- Sexuality and the Law (2)
- Smoking (2)
- State constitutional law (2)
- Vermont (2)
- Wyoming (2)
- "sorry" laws (1)
- 10th Amendment (1)
- 14th amendment (1)
- 1st amendment (1)
- 5th amendment (1)
- ABA Standards for Criminal Justice: Law Enforcement Access to Third Party Records (1)
- APA (1)
- Abortion (1)
- Acts (1)
- Administrative procedure act (1)
- Publication Year
- Publication
-
- Charles H. Baron (3)
- Debora A. Person (2)
- Irene Scharf (2)
- Robert B Leflar (2)
- Susan Freiwald (2)
-
- Alev Dudek (1)
- Bill Ong Hing (1)
- Brendan M. Conner (1)
- Dee Pridgen (1)
- Glenn C. Smith (1)
- James H. Seckinger (1)
- Jason John Du Mont (1)
- Jeremiah A. Ho (1)
- John Dobbyn (1)
- Marc Linder (1)
- Michael P. Van Alstine (1)
- Nicholas Howson (1)
- Patricia A. McCoy (1)
- Patricia E. Salkin (1)
- Patricia Rooney (1)
- Patrick McKinley Brennan (1)
- Philip M. Ferguson (1)
- Richard J. Peltz-Steele (1)
- Robert L Tsai (1)
- Terry Goldsworthy (1)
- Yueh-Hsuan Weng (1)
Articles 1 - 30 of 32
Full-Text Articles in Legislation
Submission To The Queensland Taskforce On Organised Crime Legislation (Inquiry Area 5), Terry Goldsworthy
Submission To The Queensland Taskforce On Organised Crime Legislation (Inquiry Area 5), Terry Goldsworthy
Terry Goldsworthy
In response to a request from the Executive Director of the Commission the following submissions provide Dr. Goldsworthy’s responses as they relate to each term of reference:
1. If provisions in the 2013 legislation are effectively facilitating the successful detection, investigation, prevention and deterrence of organised crime
2. If provisions in the 2013 legislation are effectively facilitating the successful prosecution of individuals
3. If the 2013 legislation strikes an appropriate balance between ensuring the safety, welfare and good order of the community and protecting individual civil liberties, including in relation to the anti‐association provisions in the 2013 legislation
4. How …
In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner
In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner
Brendan M. Conner
When 'Good' Corporate Governance Makes 'Bad' (Financial) Firms: The Global Crisis And The Limits Of Private Law, Nicholas Howson
When 'Good' Corporate Governance Makes 'Bad' (Financial) Firms: The Global Crisis And The Limits Of Private Law, Nicholas Howson
Nicholas Howson
In the aftermath of the global financial crisis of 2008–2009, investors, analysts, legislators, and pundits have spotlighted “good” or “improved” corporate governance as a remedy for all that presently ails us. It is one remedy in a long wish list that includes tougher requirements for risk capital, liquidity, and leverage; compensation and bonus reform; reimposition ofthe Glass-Steagall-like separation of bank “utility” and “casino” functions; the downsizing or breakup of institutions deemed “too big to fail;” enhanced consumer protection; securities law liability for secondary violators (like credit rating agencies); direct taxation of proprietary trading; “macroprudential” regulation; and new transparency requirements for …
All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek
All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek
Alev Dudek
The Present King Of France Is Feeble-Minded: The Logic And History Of The Continuum Of Placements For People With Intellectual Disabilities, Philip Ferguson
The Present King Of France Is Feeble-Minded: The Logic And History Of The Continuum Of Placements For People With Intellectual Disabilities, Philip Ferguson
Philip M. Ferguson
This chapter focuses on the logic and history of the continuum of placements for people with intellectual disabilities.
Criminal Case File, State V. O'Neill, James Seckinger
Criminal Case File, State V. O'Neill, James Seckinger
James H. Seckinger
No abstract provided.
More D (Deliberation) For California’S Dd (Direct Democracy): Enhancing Voter Understanding And Promoting Deliberation Through Streamlined Notice-And-Comment Procedures, Glenn Smith
Glenn C. Smith
This article seeks to enhance public consideration of the pros and cons of streamlining California's informal-administrative-rulemaking procedures for reforming the state's direct democracy. To provide a concrete focus for discussion and quick adoption, Appendix I includes proposed amendments to existing California statutory provisions. This article provides a context for considering the proposed legislation by elaborating on five questions: Why Deliberation? (Part I): In this Part, the Article makes the case, both on the substantive merits and on practical political grounds, for focusing on deliberation-enhancement as the best "next wave" of initiative reform.8 Why the Administrative Model? (Part II): This Part …
Wrecking Ball Disguised As Law Reform: Alec's Model Act On Private Enforcement Of Consumer Protection Statutes, Dee Pridgen
Wrecking Ball Disguised As Law Reform: Alec's Model Act On Private Enforcement Of Consumer Protection Statutes, Dee Pridgen
Dee Pridgen
The consumer protection statutes of every state are currently under attack by a proposed model law that would effectively eliminate the critical private enforcement provisions that give these laws their power. The American Legislative Exchange Council (ALEC) has produced a purported law reform vehicle that is actually a wrecking ball to destroy one of the building blocks of consumer protection, namely the private enforcement of state unfair and deceptive practices acts. It does this by systematically weakening each and every provision of these laws, such as lower burdens of proof, special damages, and attorney’s fees, that were designed to provide …
The Safety For Human-Robot Co-Existing: On New Iso 13482 Safety Standard For Service Robots, Yueh-Hsuan Weng, Gurvinder Virk, Shuping Yang
The Safety For Human-Robot Co-Existing: On New Iso 13482 Safety Standard For Service Robots, Yueh-Hsuan Weng, Gurvinder Virk, Shuping Yang
Yueh-Hsuan Weng
Light In The Darkness: How Leatpr Standards Guide Legislators In Regulating Law Enforcement Access To Cell Site Location Records, Susan Freiwald
Light In The Darkness: How Leatpr Standards Guide Legislators In Regulating Law Enforcement Access To Cell Site Location Records, Susan Freiwald
Susan Freiwald
This article measures the new ABA Standards for Criminal Justice: Law Enforcement Access to Third Party Records (LEATPR Standards) success by assessing the guidance they provide legislators interested in updating pertinent law regarding one specific type of data. Scholars should not expect the Standards to yield the same conclusions they would have furnished had they been able to draft a set of standards by themselves. The Standards emerged after years of painstaking consensus building and compromise no individual committee member got entirely what he wanted. Nonetheless, not every product of a committee turns out to have been worth the effort, …
Re-Examining The Zero-Tolerance Approach To Deporting Aggravated Felons: Restoring Discretionary Waivers And Developing New Tools, Bill Hing
Bill Ong Hing
In this essay, I argue that immigration judges should regain discretion over deportation cases involving lawful permanent resident immigrants who have committed aggravated felonies — discretion that was eliminated in 1996. Congress’s failure to address the issue of reinstating immigration court discretion is a missed opportunity to act consistently with changing political attitudes toward law enforcement and notions of proportionality. Addressing these issues would invite a conversation about the effect of criminal deportations on the prospective deportee, who may in fact be well on the road to rehabilitation. The effect on the community also would become relevant, as we focus …
Conclusion — The Migration Of Legal Ideas: Legislative Design And The Lawmaking Process, Robert Tsai
Conclusion — The Migration Of Legal Ideas: Legislative Design And The Lawmaking Process, Robert Tsai
Robert L Tsai
This is the conclusion for an edited volume on legislative usage of foreign and international law, N. Lupo & L. Scaffardi, Legal Transplants and Parliaments: A Possible Dialogue Amongst Legislators? (2014). I assess the general turn in comparative law studies towards the behavior of elected officials, as well as the preference for increased formality in the use of foreign law. The essays in this book analyze the legal experiences of Brazil, Namibia, Australia, South Africa, Spain, the European Union, China, Canada, Portugal, the United Kingdom, the United States, and Italy. Many of these countries (but not all, especially the U.S.) …
Preemption By Fiat: The Department Of Labor's Usurpation Of Power Over Noncitizen Workers' Right To Unemployment Benefits, Irene Scharf
Preemption By Fiat: The Department Of Labor's Usurpation Of Power Over Noncitizen Workers' Right To Unemployment Benefits, Irene Scharf
Irene Scharf
This Article starts with the premise that the right to unemployment insurance benefits is a property right protected by the Fifth and Fourteenth Amendments to the United States Constitution, which apply to noncitizen unemployment applicants as well as to United States citizens. Given this assumption, certain actions being taken by the United States Department of Labor ("DOL") violate both procedural and substantive due process as well as the Administrative Procedure Act ("APA"). The challenged actions involve the DOL's issuance of internally-created missives, termed Unemployment Insurance Program Letters ("Program Letters"), that purport to interpret the meaning of a requirement under federal …
Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf
Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf
Irene Scharf
This Article explores the long and faltering history of attempts to impose liability on tobacco product manufactures. Part II traces the manufacturers' historical and current actions of targeting youth through both promotions and deceptive advertising. Part III argues in favor of an expanded cause of action against the manufacturers for the intentional tort of battery. Part IV discusses the prospect of awards of punitive damages in these cases, and the Epilogue summarizes other advantages of the battery cause of action.
Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Brennan
Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Brennan
Patrick McKinley Brennan
This is my Introduction to Legal Affinities: Explorations in the Legal Form of Thought (forthcoming 2012) (co-edited with H. Jefferson Powell and Jack Sammons), a volume of essays dedicated to exploring the work of Joseph Vining. The Introduction introduces Vining’s phenomenology of law and surveys the themes and topics developed by the volume’s eight authors: Joseph Vining, Judge John T. Noonan, Jr., Rev. John McCausland, H. Jefferson Powell, Jack Sammons, Steve Smith, James Boyd White, and Patrick Brennan.
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Charles H. Baron
In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …
I'Ll Huff And I'Ll Puff - But Then You'll Blow My Case Away: Dealing With Dismissed And Bad-Faith Defendants Under California's Anti-Slapp Statute, Jeremiah Ho
Jeremiah A. Ho
This Article will demonstrate that, despite efforts to recognize SLAPPs and to safeguard our legal process from abuses, SLAPP suits and their underlying interference with the legitimate exercise of the right to petition can often engender new ways of creeping back onto the legal stage to wreak havoc on the private citizen - that the devious, shape-shifting Big Bad Wolf of First Amendment rights can return to reprise its role as the subversive villain and to trot unsuspecting litigants out to slaughter. After an introduction into the general world of SLAPPs and the specific history behind California's section 425.16, this …
Medical Malpractice Reform Measures And Their Effects, Robert Leflar
Medical Malpractice Reform Measures And Their Effects, Robert Leflar
Robert B Leflar
New rules and methods for medical injury dispute resolution have been launched in New Hampshire and New York, and demonstration projects are underway elsewhere. This article describes major medical malpractice reforms undertaken and proposed in recent years. Reforms are classified as (1) liability-limiting initiatives favoring health-care providers; (2) procedural innovations promoted as improving dispute resolution processes, such as patient compensation funds, “sorry” laws, disclosure and early offer laws, health courts, and safe harbor laws; and (3) major conceptual reforms to move liability away from physicians to hospitals or administrative no-fault compensation systems. Empirical evidence about the practical effects of already-implemented …
Arkansas's Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard Peltz-Steele
Arkansas's Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard Peltz-Steele
Richard J. Peltz-Steele
This article first provides background, charting the scope of record retention in relation to the freedom of information, then outlining record retention through its history and development in the federal government, through its general principles and modes of practice, through a sketch of the problems that have arisen specially in the electronic era, and through an overview of its development at the state level. The article then describes the recent history of record retention law in Arkansas, up to and including the initiative enacted by the General Assembly in 2005, and the process and product of a state working group …
Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia Salkin
Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia Salkin
Patricia E. Salkin
No abstract provided.
Reforming Surveillance Law: The Swiss Model., Susan Freiwald, Sylvain Méille
Reforming Surveillance Law: The Swiss Model., Susan Freiwald, Sylvain Méille
Susan Freiwald
As implemented over the past twenty-seven years, the Electronic Communications Privacy Act (“ECPA”), which regulates electronic surveillance by law enforcement agents, has become incomplete, confusing, and ineffective. In contrast, a new Swiss law, CrimPC, regulates law enforcement surveillance in a more comprehensive, uniform, and effective manner. This Article compares the two approaches and argues that recent proposals to reform ECPA in a piecemeal fashion will not suffice. Instead, Swiss CrimPC presents a model for more fundamental reform of U.S. law.
This Article is the first to analyze the Swiss law with international eyes and demonstrate its advantages over the U.S. …
“Inherently Bad, And Bad Only”: A History Of State-Level Regulation Of Cigarettes And Smoking In The United States Since The 1880s. Volume 1: An In-Depth National Study Embedding Ultra-Thick Description Of A Representative State (Iowa), Marc Linder
Marc Linder
This book lays out empirical and methodological underpinnings for studying the early period of anti-cigarette legislation in the United States by overcoming the lack of primary source-based historical scholarship. Constantly repeating wildly erroneous claims at second, third, and more remote hand, anti-smoking academics and pro-tobacco apologists have fundamentally distorted history, on the one hand by dismissing the early anti-cigarette movement as merely religiously and morally motivated and the legislation it secured as unenforced exercises bereft of historical relevance, and, on the other by absurdly magnifying its achievements. Reconstruction of the national scope of the real course of the passage and …
Stare Decisis And Foreign Affairs, Michael Van Alstine
Stare Decisis And Foreign Affairs, Michael Van Alstine
Michael P. Van Alstine
This article examines whether the jurisprudential and institutional premises of the doctrine of stare decisis retain their validity in the field of foreign affairs. The proper role of the judicial branch in foreign affairs has provoked substantial scholarly debates—historical, institutional, normative—since the very founding of the republic. Precisely because of the sensitivity of the subject, the Supreme Court itself has both cautioned about the judicial branch’s comparative lack of expertise in the field and recognized a web of deference doctrines designed to protect against improvident judicial action. Notwithstanding all of this, however, neither the Supreme Court nor any scholar has …
The Brady Act: Shot Down By The Tenth Amendment, Patricia Rooney
The Brady Act: Shot Down By The Tenth Amendment, Patricia Rooney
Patricia Rooney
No abstract provided.
Legislative Histories And The Practice Of Statutory Interpretation In Wyoming, Debora A. Person
Legislative Histories And The Practice Of Statutory Interpretation In Wyoming, Debora A. Person
Debora A. Person
No abstract provided.
A Non-Obvious Design - Reexamining The Origins Of The Design Patent Standard, Jason Du Mont
A Non-Obvious Design - Reexamining The Origins Of The Design Patent Standard, Jason Du Mont
Jason John Du Mont
No abstract provided.
The Regulation Of Medical Malpractice In Japan, Robert Leflar
The Regulation Of Medical Malpractice In Japan, Robert Leflar
Robert B Leflar
How Japanese legal and social institutions handle medical errors is little known outside Japan. For almost all of the 20th century, a paternalistic paradigm prevailed. Characteristics of the legal environment affecting Japanese medicine included few attorneys handling medical cases, low litigation rates, long delays, predictable damage awards, and low-cost malpractice insurance. However, transparency principles have gained traction and public concern over medical errors has intensified. Recent legal developments include courts' adoption of a less deferential standard of informed consent; increases in the numbers of malpractice claims and of practicing attorneys; more efficient claims handling by specialist judges and speedier trials; …
Initiatives And Referenda In Wyoming, Debora Person, Tawnya Plumb
Initiatives And Referenda In Wyoming, Debora Person, Tawnya Plumb
Debora A. Person
No abstract provided.
Financial Modernization After Gramm-Leach-Bliley
Financial Modernization After Gramm-Leach-Bliley
Patricia A. McCoy
No abstract provided.
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Charles H. Baron
In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …