Other Law Commons^™

Policing The Good Guys: Regulation Of The Charitable Sector Through A Federal Charity Oversight Board, Terri Lynn Helge

Terri L. Helge

Recently, public confidence in the charitable sector has eroded due to a barrage of media reports on scandals and abuses. The principal parties charged with regulation of the charitable sector, the Internal Revenue Service and state attorneys general, are saddled with bureaucratic constraints that make it difficult to enforce the laws governing the fiduciary responsibilities of charity managers. Substantial reform in the regulation of charitable organizations is necessary to curb the reported abuses that have undermined confidence in the charitable sector.

Some advocate expanding private regulation of the charitable sector to improve enforcement of the fiduciary responsibilities of charitable managers. …

Act On The Registration And Evaluation Of Chemicals (K-Reach) And Replacement, Reduction Or Refinement Best Practices, Soojin Ha, Troy Seidle, Kyung-Min Lim

Troy Seidle, PhD

Objectives - Korea’s Act on the Registration and Evaluation of Chemicals (K-REACH) was enacted for the protection of human health and the environment in 2015. Considering that about 2000 new substances are introduced annually across the globe, the extent of animal testing requirement could be overwhelming unless regulators and companies work proactively to institute and enforce global best practices to replace, reduce or refine animal use. In this review, the way to reduce the animal use for K-REACH is discussed. Methods - Background of the enforcement of the K-REACH and its details was reviewed along with the papers and regulatory …

A Philosophical Basis For Judicial Restraint, Michael Evan Gold

Michael Evan Gold

The purpose of this article is to establish a principled basis for restraint of judicial lawmaking. The principle is that all findings of fact, whether of legislative or adjudicative facts, must be based on evidence in the record of a case. This principle is grounded in moral philosophy. I will begin with a discussion of the relevant aspect of moral philosophy, then state and defend the principle, and finally apply it to a line of cases.

The Ban On The Use Of Chimpanzees In Biomedical Research And Testing In The Uk Should Be Made Permanent And Legally Binding, Michelle Thew, Jarrod Bailey, Michael Balls, Michelle Hudson

Jarrod Bailey, PhD

The Coalition Government is currently considering how to transpose Directive 2010/63/EU on animal experimentation into UK law. The Directive bans the use of Great Apes in laboratories, but EU Member States can seek (now or, more likely, at some time in the future) a derogation from the Commission to permit such use, where this is considered essential for the preservation of the species in question or in relation to an unexpected outbreak of a life-threatening or debilitating clinical condition in human beings. Currently, the policy of the Government is not to approve any experiments on Great Apes, but it is …

Pran Justice: Social Order, Dispute Processing, And Adjudication In The Venezuelan Prison Subculture, Manuel A. Gomez

Manuel A. Gómez

No abstract provided.

Apple Pay, Bitcoin, And Consumers: The Abcs Of Future Public Payments Law, Mark Edwin Burge

Mark Edwin Burge

As technology rolls out ongoing and competing streams of payments innovation, exemplified by Apple Pay (mobile payments) and Bitcoin (cryptocurrency), the law governing these payments appears hopelessly behind the curve. The patchwork of state, federal, and private legal rules seems more worthy of condemnation than emulation. This Article argues, however, that the legal and market developments of the last several decades in payment systems provide compelling evidence of the most realistic and socially beneficial future for payments law. The paradigm of a comprehensive public law regulatory scheme for payment systems, exemplified by Articles 3 and 4 of the Uniform Commercial …

Retaining Generation X'Ers In A Baby Boomer Firm, Rodney O. Fong

Rodney Fong

I am going to introduce you to Generation X. Who are they? How do they view the world? What are some of their characteristics? And finally, how does one interact, work with, and retain them?

In Defense Of Ghostwriting, Jona Goldschmidt

Jona Goldschmidt

This Article analyzes the legal community's resistance to ghostwriting for pro se litigants. It examines the nature, extent and benefits of ghostwriting. It analyzes objections to ghostwriting raised in case law and ethics opinions. It describes recent ghostwriting recommendations and regulatory developments. The Article discusses the relevance of the duty of confidentiality and the attorney-client privilege to ghostwriting. It analyzes the legal community's resistance to ghostwriting. The Article concludes that ghostwriting serves a growing segment of the pro se population and that it doesn't violate the court rules or ethical principles.

Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith

Latonia Haney Keith

Civil justice issues in the United States bring with them no guarantee of legal counsel, yet the civil legal system is still designed to require an attorney in almost all situations. Given the ever-growing costs of legal representation, how then are the legal needs of the poor met? The author calls this phenomenon the “justice gap” and addresses the issue of an access to justice gap and proposes a potential solution.

This article examines the existence of the “justice gap,” wherein the poor face substantial barriers that hinder them from receiving the same legal protections as wealthier Americans. It goes …

Buying West Florida From The Indians: The Forbes Purchase And Mitchel V. United States (1835), Blake A. Watson

Blake A Watson

No abstract provided.

Data Wars: How Superseding Forsham V. Harris Impacts The Federal Grant Award Process, Elizabeth G. Adelman

Elizabeth Adelman

No abstract provided.

Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe

Nelson Tebbe

No abstract provided.

Religion And Social Coherentism, Nelson Tebbe

Nelson Tebbe

No abstract provided.

The University Of The Future Has Already Arrived, Stanley Fish

Stanley Fish

No abstract provided.

My Response, Stanley Fish

Stanley Fish

No abstract provided.

Debate On Birthright Citizenship, Dr. John Eastman, Ediberto Román Florida International University College Of Law

Ediberto Roman

No abstract provided.

An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

The Role Of The Judiciary When The Agency Confirmation Process Stalls: Thoughts On The Two-Member Nlrb And The Questions The Supreme Court Should Have, But Didn’T, Address In New Process Steel, L.P. V. Nlrb, Catherine L. Fisk

Catherine Fisk

No abstract provided.

Marlowe's Faustus: Contract As Metaphor?, Daniel B. Yeager

Daniel B. Yeager

No abstract provided.

The Tower Of David: Social Order In A Vertical Community, Manuel A. Gómez

Manuel A. Gómez

No abstract provided.

Book Review: Legal Asylum: A Comedy By Paul Goldstein, Jennifer R. Mart-Rice

Jennifer Mart-Rice

No abstract provided.

Introduction, Eloisa C. Rodriguez-Dod

Eloisa C Rodríguez-Dod

No abstract provided.

Front Matter For: Poverty Law, Policy, And Practice, Juliet Brodie, Clare Pastore, Ezra Rosser, Jeffrey Selbin

Ezra Rosser

This paper is the front matter for the publication "Poverty Law, Policy, and Practice" published by Wolters Kluwer, 2014.

Defending The Nlrb: Improving The Agency’S Success In The Federal Courts Of Appeals, Jeffrey M. Hirsch

Jeffrey M. Hirsch

No abstract provided.

The "Public Use" Requirement In Eminent Domain Law: A Rationale Based On Secret Purchases And Private Influence, Daniel B. Kelly

Daniel B Kelly

This Article provides a rationale for understanding and interpreting the public use requirement within eminent domain law. The rationale is based on two factors. First, while the government often needs the power of eminent domain to avoid the problem of strategic holdout, private parties are generally able to purchase property through secret buying agents. The availability of these undisclosed agents makes the use of eminent domain for private parties unnecessary and indeed undesirable. The government, however, is ordinarily unable to make secret purchases because its plans are subject to democratic deliberation and thus publicly known in advance. Second, while the …

Academic Freedom Versus Academic Legitimacy, David Schraub

David Schraub

No abstract provided.

Surrogacy And Dignity: Rights And Relationships, Kate Galloway

Kate Galloway

In this Journal, Rachel Kunde shared her experiences as an altruistic surrogate, advocating for greater government support for surrogate mothers. Based on her own experience, her argument suggests that recognising women’s bodily autonomy is a central consideration in liberalising the regulation of surrogacy. Importantly, she argues that surrogacy arrangements need not impair the dignity of the surrogate mother. In particular, her advocacy appears to presuppose reproductive rights both in the intending parents to found a family, and for the surrogate to bear a child. This article responds to Kunde. While celebrating Kunde’s contribution to the discourse through her personal narrative, …

Shareholder Wealth Maximization As Means To An End, Robert P. Bartlett, Iii

Robert Bartlett

In several recent cases, the Delaware Chancery Court has emphasized that where a conflict of interest exists between holders of a company’s common stock and holders of its preferred stock, the standard of conduct for directors requires that they strive to maximize the value of the corporation for the benefit of its common stockholders rather than for its preferred stockholders. This article interrogates this view of directors’ fiduciary duties from the perspective of incomplete contracting theory. Building on the seminal work of Sanford Grossman and Oliver Hart, incomplete contracting theory examines the critical role of corporate control rights for addressing …

Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo

José Gabilondo

Borrowing from postmodernity, new Right intellectuals have become adept at plucking core terms from the liberal register, stripping away their history and social context, and making them do the conceptual work of backlash. A recent example is the theme of the 2009 annual meeting of the AALS: institutional pluralism. The phrase has a surface resemblance to traditional liberal values but, in truth, acts as a Trojan horse for discrimination projects that many may find troubling. By putting the phrase in its social context, this essay reveals the ideological interests at work in the idea.

When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo

José Gabilondo

No abstract provided.