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Nonmoral Theoretical Disagreement In Law, Alani Golanski 2016 Weitz & Luxenberg, P.C.

Nonmoral Theoretical Disagreement In Law, Alani Golanski

Alani Golanski

The central issue in the philosophy of law has been whether law’s content and validity rest on moral criteria. Scholars have viewed theoretical disagreements in law as the indicia of moral dispute. Both sides of the debate – those favoring and those opposing the view that moral justification may or does supply the criteria by which a rule or principle counts as "legal" – have accepted the notion that, if there is widespread theoretical disagreement in law, this would be compelling evidence of law’s incorporation of moral standards. Thus, theoretical disagreement poses a powerful challenge to the "positivist" approach, which ...


In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq. 2016 Streetwise and Safe

In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq.

Brendan M. Conner

The accompanying Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on January 27, 2015 the House of Representatives passed legislation that would give preferential consideration for federal grants to states that have enacted a law that “discourages the charging or prosecution” of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally ...


James Wilson And The Moral Foundations Of Popular Sovereignty, Ian C. Bartrum 2016 WIlliam S. Boyd School of Law, UNLV

James Wilson And The Moral Foundations Of Popular Sovereignty, Ian C. Bartrum

Ian C Bartrum

This paper explores the moral philosophy underlying the constitutional doctrine of popular sovereignty. In particular, it focuses on the Scottish sentimentalism that informed James Wilson’s understanding of that doctrine. Wilson, a transplanted Scotsman, was perhaps the nation’s preeminent lawyer in the middle 1780s. He was one of the most important delegates to the Constitutional Convention, one of the nation’s first law professors, and served as Associate Justice on the first Supreme Court. In these capacities, he developed the most sophisticated and coherent account of popular sovereignty among the founding generation. My initial effort is to enrich our ...


Protecting The Watchdog: Using The Freedom Of Information Act To Preference The Press (Draft), Erin C. Carroll 2016 Georgetown University Law Center

Protecting The Watchdog: Using The Freedom Of Information Act To Preference The Press (Draft), Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

The fourth estate is undergoing dramatic changes. Many newspaper reporters, already surrounded by a growing number of empty desks, are shifting their focus away from costly investigative reporting and towards amassing Twitter followers and writing the perfect “share line.” Newspapers’ budgets can no longer robustly support accountability journalism and pitching fights against the government. And so, while this busier and noisier media environment may have a desirable democratizing effect—more of us are able to participate in analyzing, debating, and perhaps even making the news—it has not succeeded in filling a role that print journalists have traditionally played well ...


Measuring Political Power: Suspect Class Determinations And The Poor, Bertrall L. Ross, Su Li 2016 University of California - Berkeley

Measuring Political Power: Suspect Class Determinations And The Poor, Bertrall L. Ross, Su Li

Bertrall L Ross

Which classes are considered suspect under equal protection doctrine? The answer determines whether courts will defer to legislatures and other government actors when they single out a group for special burdens, or intervene to protect that group from such treatment. Laws burdening suspect classes receive the strictest scrutiny possible—and under current doctrine, whether a class is suspect turns largely on whether the court views the group as possessing political power.

But how do courts know when a class lacks political power? A liberal plurality of the Supreme Court initially suggested that political power should be measured according to a ...


How Context Shapes The Authority Of International Courts, Karen J. Alter, Laurence R. Helfer, Mikael Rask Madsen 2016 Duke Law School

How Context Shapes The Authority Of International Courts, Karen J. Alter, Laurence R. Helfer, Mikael Rask Madsen

Faculty Scholarship

This article provides a novel and provocative framework to assess the varied authority of international courts (ICs). We generate practicable metric that assesses de facto IC authority according to a conjunctive standard — the recognition of an obligation to comply with IC rulings, and the engagement in meaningful actions that push toward giving full effect to IC rulings. We then identify five possible types of IC authority — no authority in fact, narrow, intermediate, extensive, and public authority — that correspond to the different audiences for IC rulings. The goal of this metric is to help the contributors to a symposium on ICs ...


Shared Spatial Regulating In Sharing-Economy Districts, Michael N. Widener 2016 Bonnett, Fairbourn, Friedman & Balint PC

Shared Spatial Regulating In Sharing-Economy Districts, Michael N. Widener

Michael N Widener

Technology, coupled with present economic conditions and the interest of younger Americans in sustainability, is enabling a climate favorable to collaborative consumption. More individuals will be engaged over time in this “sharing economy” because underemployment of the middle class, and a majority of all non- or under-skilled workers, is a chronic condition eluding public sector solution. This new resources “lending” and social networking culture assures ongoing introductions of sharing producers and consumers to each other and into residential neighborhoods. The results will include increased traffic trips, overtaxed curbside parking spaces, additional ambient noise and stress upon electric and other utility ...


Judging Third-Party Funding, Victoria A. Shannon 2016 Washington and Lee University School of Law

Judging Third-Party Funding, Victoria A. Shannon

Victoria Shannon

Third-party funding is an arrangement whereby an outside entity finances the legal representation of a party involved in litigation or arbitration. The outside entity – called a “third-party funder” – could be a bank, hedge fund, insurance company, or some other entity or individual that finances the party's legal representation in return for a profit. Third-party funding is a controversial, dynamic, and evolving phenomenon. The practice has attracted both national headlines and the recent attention of the Advisory Committee on the Federal Rules of Civil Procedure. The Advisory Committee recently declared that “judges currently have the power to obtain information about ...


Excessive Corporate Risk-Taking And The Decline Of Personal Blame, Steven L. Schwarcz 2016 Duke Law School

Excessive Corporate Risk-Taking And The Decline Of Personal Blame, Steven L. Schwarcz

Faculty Scholarship

Government agencies and prosecutors are being criticized for seeking so few indictments against individuals in the wake of the 2008-09 financial crisis and its resulting banking failures. This article analyzes why — contrary to a longstanding historical trend — personal liability may be on the decline, and whether agencies and prosecutors should be doing more. The analysis confronts fundamental policy questions concerning changing corporate and social norms. The public and the media perceive the crisis’s harm as a “wrong” caused by excessive risk-taking. But that view can be too simplistic, ignoring the reality that firms must take greater risks to try ...


From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, yehezkel Margalit 2016 SelectedWorks

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Hezi Margalit

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known ...


Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, yehezkel Margalit 2016 SelectedWorks

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...


The Villain Has A Point, Amy Cuzzolino 2016 Seton Hall University

The Villain Has A Point, Amy Cuzzolino

Law School Student Scholarship

No abstract provided.


Regulation Of Lawyers' Use Of Competitive Keyword Advertising, Eric Goldman 2016 Santa Clara University School of Law

Regulation Of Lawyers' Use Of Competitive Keyword Advertising, Eric Goldman

Faculty Publications

Lawyers have enthusiastically embraced search engine advertisements triggered by consumers’ keywords, but the legal community remains sharply divided about the propriety of buying keyword ads triggered by the names of rival lawyers or law firms (“competitive keyword advertising”). This Essay surveys the regulation of competitive keyword advertising by lawyers and concludes that such practices are both beneficial for consumers and legitimate under existing U.S. law - except in North Carolina, which adopted an anachronistic and regressive ethics opinion that should be reconsidered.


Digital Assets And Fiduciaries, Naomi R. Cahn, Christina Kunz, Suzanne Brown Walsh 2016 George Washington University Law School

Digital Assets And Fiduciaries, Naomi R. Cahn, Christina Kunz, Suzanne Brown Walsh

GW Law Faculty Publications & Other Works

This chapter addresses the appropriate treatment of a person's digital life when the account holder can no longer manage it. As the Internet becomes an increasingly important presence in our daily lives, the law has a significant role to play in determining the management of digital assets upon the account holder's incapacity or death. In the past, people put hard copies of photos in albums, listened to record albums, and paid bills with a stamped envelope. Today, most people use the Internet to store photos, listen to music, and pay bills. Yet few people have considered how to ...


Machine Learning, Automated Suspicion Algorithms, And The Fourth Amendment, Michael L. Rich 2016 Elon University School of Law

Machine Learning, Automated Suspicion Algorithms, And The Fourth Amendment, Michael L. Rich

Michael L Rich

At the conceptual intersection of machine learning and government data collection lie Automated Suspicion Algorithms, or ASAs, algorithms created through the application of machine learning methods to collections of government data with the purpose of identifying individuals likely to be engaged in criminal activity. The novel promise of ASAs is that they can identify data-supported correlations between innocent conduct and criminal activity and help police prevent crime. ASAs present a novel doctrinal challenge, as well, as they intrude on a step of the Fourth Amendment’s individualized suspicion analysis previously the sole province of human actors: the determination of when ...


Using Social Norms As A Substitute For Law, Bryan H. Druzin 2016 The Chinese University of Hong Kong

Using Social Norms As A Substitute For Law, Bryan H. Druzin

Bryan H. Druzin

This paper follows the law and norms literature in arguing that policymakers can use social norms to support or even replace regulation. Key to the approach offered here is the idea — borrowed from the folk theorem in game theory — that cooperative order can arise in circumstances where parties repeatedly interact. This paper proposes that repeated interaction between the same agents, specifically the intensity of it, may be used as a yardstick with which to gauge the potential to scale back regulation and use social norms as a substitute for law. Where there are very high levels of repeated interaction between ...


Explaining Comparative Administrative Law: The Standing Of Positive Political Theory, Minhao Benjamin Chen, Zhiyu Li 2016 UC Berkeley

Explaining Comparative Administrative Law: The Standing Of Positive Political Theory, Minhao Benjamin Chen, Zhiyu Li

Minhao Benjamin Chen

Courts may function as “fire alarms” within a principal-agent framework that sees bureaucrats as imperfectly supervised servants of their political masters. In this paper, we compare how the class of plaintiffs authorized to bring suit against governmental bodies has been defined in three countries in which we would expect to find significant barriers to administrative litigation – the People’s Republic of China, Japan, and Singapore. Although these three Asian countries have traditionally been one-party dominated states, we do observe substantial differences in how legislatures and courts have answered the question of standing over time. It is possible to explain these ...


Extract From Richard W. Southgate & Donald W. Glazer, Massachusetts Corporation Law & Practice (2d Ed. Cum. Supp. 2015), Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman 2015 National University of Ireland Maynooth, Department of Law

Extract From Richard W. Southgate & Donald W. Glazer, Massachusetts Corporation Law & Practice (2d Ed. Cum. Supp. 2015), Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman

Seth Barrett Tillman

Extract from Richard W. Southgate & Donald W. Glazer, Massachusetts Corporation Law & Practice § 5.5 n.104a, at 5-35 (2d ed. Cum. Supp. 2015) (posted on Westlaw).

[22 December 2014]


Konstantinos G. Margaritis's Accession Of The Eu To The Echr (Forthcoming Circa Dec. 2015) (Unpublished Ph.D. Dissertation, Law School Of National And Kapodistrian University Of Athens) (Extract On Hand), Citing Tillman & Tillman's A Fragment On Shall And May, Seth Barrett Tillman 2015 National University of Ireland, Maynooth, Department of Law

Konstantinos G. Margaritis's Accession Of The Eu To The Echr (Forthcoming Circa Dec. 2015) (Unpublished Ph.D. Dissertation, Law School Of National And Kapodistrian University Of Athens) (Extract On Hand), Citing Tillman & Tillman's A Fragment On Shall And May, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from Konstantinos G. Margaritis's Accession of the EU to the ECHR (forthcoming circa Dec. 2015) (unpublished Ph.D. dissertation, Law School of National and Kapodistrian University of Athens) (on file with author), citing Tillman & Tillman's A Fragment on Shall and May (extract on hand).

[October 2, 2013]


La Imprescriptibilidad De La Accionabilidad De La Pretensión De Ineficacia En Sentido Estricto, Rómulo Morales 2015 Pontificia Universidad Católica del Perú

La Imprescriptibilidad De La Accionabilidad De La Pretensión De Ineficacia En Sentido Estricto, Rómulo Morales

Rómulo Martín Morales Hervias

La accionabilidad de la pretensión de ineficacia en sentido estricto es declarativa y como tal es imprescriptible, puesto que no existe una norma expresa que lo limite en el tiempo, razón por la cual el ordenamiento jurídico debe proteger al verdadero titular de un derecho concediéndole el poder de pedir judicialmente la declaración de inoponibilidad, sin estar sujeto a interpretaciones extensivas ni restringidas del artículo 2001 del Código Civil, toda vez que la “falta de poder” no puede convalidarse por el solo transcurso de los años.


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