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That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick 2020 Fordham University

That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick

Biography

A rare and evocative memoir of a respected constitutional scholar, dedicated public servant, political reformer, and facilitator of peace in the land of his ancestors

John D. Feerick’s life has all the elements of a modern Horatio Alger story: the poor boy who achieves success by dint of his hard work. But Feerick brought other elements to that classical American success story: his deep religious faith, his integrity, and his paramount concern for social justice. In his memoir, The Further Shore, Feerick shares his inspiring story, from its humble beginnings born to immigrant parents in the South Bronx, going ...


Crimmigrant Nations: Resurgent Nationalism And The Closing Of Borders [Table Of Contents], Robert Koulish, Martje van der Woude 2020 Fordham University

Crimmigrant Nations: Resurgent Nationalism And The Closing Of Borders [Table Of Contents], Robert Koulish, Martje Van Der Woude

Law

As the distinction between domestic and international is increasingly blurred along with the line between internal and external borders, migrants—particularly people of color—have become emblematic of the hybrid threat both to national security and sovereignty and to safety and order inside the state. From building walls and fences, overcrowding detention facilities, and beefing up border policing and border controls, a new narrative has arrived that has migrants assume the risk for government sponsored degradation, misery, and death. Crimmigrant Nationsexamines the parallel rise of anti-immigrant sentiment and right-wing populism in both the United States and Europe to offer ...


Against The ‘Safety Net’, Matthew Lawrence 2020 Penn State Dickinson Law

Against The ‘Safety Net’, Matthew Lawrence

Matthew B. Lawrence

Jack Kemp and Ronald Reagan originated the ‘safety net’ conception of United States health and welfare laws in the late 1970s and early 1980s, defending proposed cuts to New Deal and Great Society programs by asserting that such cuts would not take away the “social safety net of programs” for those with “true need.” Legal scholars have adopted their metaphor widely and uncritically. This Essay deconstructs the ‘safety net’ metaphor and counsels against its use in understanding health and welfare laws. The metaphor is descriptively confusing because it means different things to different audiences. Some understand the ‘safety net’ as ...


Call For Papers University Of Baltimore Law Review Spring Symposium: Applied Feminism And Privacy, 2020 University of Baltimore Law

Call For Papers University Of Baltimore Law Review Spring Symposium: Applied Feminism And Privacy

University of Baltimore Law Review

The Center on Applied Feminism at the University of Baltimore School of Law seeks paper proposals for the Twelfth Feminist Legal Theory Conference. We hope you will join us for this exciting conference on April 2 and 3, 2020. The theme is Privacy. As always, the conference focuses on the intersection of gender and race, class, gender identity, ability, and other personal identities.

We are at a critical time for a broad range of privacy issues. State level abortion bans have put a spotlight on the importance of decisional privacy to women’s equality. Across America, advocates are fighting for ...


Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn 2020 Osgoode Hall Law School of York University

Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn

All Papers

Labour legislation regulating Canada’s private sector has incorporated forms of broader-based or sectoral certification and bargaining (BBB) in varying degrees for decades, particularly in British Columbia and Quebec. However, BBB had not been the subject of significant post-war labour law reform discussion until the 1990s. This decade saw a wave of interest in introducing BBB arise across several jurisdictions. Originating in Ontario in the late 1980s, it spread to British Columbia as a key part of labour law reform discussions in the early and late 1990s and became a minor issue in the federal labour law reform review process ...


Equitable Hiring Policy In Higher Education At The University Of Montana, Victoria McKinley Bigelow, Kinsey Anderson 2020 Alexander Blewett III School of Law at the University of Montana

Equitable Hiring Policy In Higher Education At The University Of Montana, Victoria Mckinley Bigelow, Kinsey Anderson

Graduate Student Portfolios and In-House Papers

Higher Education; University of Montana; Equity; Hiring; University; College; Montana; Missoula; Public Administration; Organization; Missoula; Diversity; Women; Policy


Equity, Punishment, And The Company You Keep: Discerning A Disgorgement Remedy Under The Federal Securities Laws, Theresa Gabaldon 2020 George Washington University Law School

Equity, Punishment, And The Company You Keep: Discerning A Disgorgement Remedy Under The Federal Securities Laws, Theresa Gabaldon

GW Law Faculty Publications & Other Works

Since its inception in 1934, the Securities and Exchange Commission (the “Commission” or the “SEC”) has wielded statutory authority to seek injunctive relief for violations of the federal securities laws. Since 1970 courts have, at the Commission’s behest and without much analysis, ordered violators to disgorge profits – make that lots and lots of profits – gained in the course of their wrongdoing. In some instances, the profits are returned to victims. In others, either because the victims are too many and too scattered or because the violation is a victimless one such as engaging in bribery, the ill-gotten gains are ...


Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter 2020 University of New Mexico

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter

Natural Resources Journal

No abstract provided.


Masthead, 2020 University of California, Hastings College of the Law

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


Masthead, 2020 University of California, Hastings College of the Law

Masthead

Hastings Communications and Entertainment Law Journal

No abstract provided.


Are College Football Players Being Promised Big Nfl Bucks And Being Shortchanged In The Classroom And On The Field?, Melanie Navarro 2020 University of California, Hastings College of the Law

Are College Football Players Being Promised Big Nfl Bucks And Being Shortchanged In The Classroom And On The Field?, Melanie Navarro

Hastings Communications and Entertainment Law Journal

Football is America’s pastime. Over one hundred million people tuned in to watch this year’s Super Bowl. Sundays during football season are spent in front of a television rooting for our favorite teams. Football has been an integral part of American culture for over 120 years. But in recent years, football has lost yardage. Information regarding the causal link between head injuries on the football field and degenerative brain diseases has come to light. Thousands of former National Football League (“NFL”) players took part in a highly publicized class-action lawsuit against the league. Players alleged that the NFL ...


Corruption And College Sports: A Love Story, Andrea Cristiani Closa 2020 University of California, Hastings College of the Law

Corruption And College Sports: A Love Story, Andrea Cristiani Closa

Hastings Communications and Entertainment Law Journal

College sports are a staple of American tradition, bringing in hundreds of millions of viewers each year. Fans from all over the country root for their team’s success and hope they will be the ones to take home the national championship each year. Increasingly, however, college sports have been in the public eye for a very different reason: corruption. The National Collegiate Athletics Association’s (“NCAA”) Amateurism Rule, which prohibits student-athletes from receiving compensation, has contributed to this ongoing corruption. The NCAA insists upon its student-athletes remaining amateurs, even though its own rule is damaging the integrity of college ...


Enemy Of The People: The Ghost Of The F.C.C. Fairness Doctrine In The Age Of Alternative Facts, Ian Klein 2020 University of California, Hastings College of the Law

Enemy Of The People: The Ghost Of The F.C.C. Fairness Doctrine In The Age Of Alternative Facts, Ian Klein

Hastings Communications and Entertainment Law Journal

The FCC Fairness Doctrine required that all major broadcasting outlets spend equal time covering both sides of all controversial issues of national importance. The Fairness Doctrine remained the standard for decades before it stopped being enforced during the Reagan administration, and was removed from the Federal Register during the Obama administration. Since the Fairness Doctrine’s disappearance, the perception by conservatives and progressives alike has been that major media outlets display overt biases towards one political affiliation or the other. As it becomes harder to determine real news from “fake news,” Americans’ trust in media is at an all-time low ...


Forum Delegation: The Birth And Transposition Of A New Approach To Public Forum Doctrine, Brett Johnson, Shane C. Epping 2020 University of California, Hastings College of the Law

Forum Delegation: The Birth And Transposition Of A New Approach To Public Forum Doctrine, Brett Johnson, Shane C. Epping

Hastings Communications and Entertainment Law Journal

This paper introduces and explores the concept of forum delegation: the power of government officials to suggest which forums to allow speakers to use. The concept is born out of a recent legal battle between the University of Minnesota and conservative speaker Ben Shapiro, in which the UMN required Shapiro to speak in a venue away from the heart of campus due to concerns over the school’s ability to provide adequate security for the event. The paper first analyzes the UMN case to assess the constitutionality of forum delegation in the context of regulating speech and public universities. Next ...


An Examination Of How The Canadian Military’S Legal System Responds To Sexual Assault, Elaine Craig 2020 Dalhousie University Schulich School of Law

An Examination Of How The Canadian Military’S Legal System Responds To Sexual Assault, Elaine Craig

Articles & Book Chapters

Although the Canadian military has been conducting sexual assault trials for over twenty years, there has been no academic study of them and no external review of them. This review of the military’s sexual assault cases (the first of its kind) yields several important findings. First, the conviction rate for the offence of sexual assault by courts martial is dramatically lower than the rate in Canada’s civilian criminal courts. The difference between acquittal rates in sexual assault cases in these two systems appears to be even larger. Since Operation Honour was launched in 2015 only 1 soldier has ...


Deal Insurance: Representation & Warranty Insurance In Mergers & Acquisitions, Sean J. Griffith 2020 Fordham University School of Law

Deal Insurance: Representation & Warranty Insurance In Mergers & Acquisitions, Sean J. Griffith

Faculty Scholarship

Efficient contracting depends upon imposing risk on the party with superior access to information. Yet the parties in mergers and acquisitions transactions now commonly use Representation and Warranty Insurance (“RWI”) to shift this risk to a third-party insurer. Because liability and trust go together, RWI would seem to give rise to a credible commitment problem between the transacting parties, and it raises adverse selection and moral hazard problems for the insurer.

This paper examines the emergence of RWI, focusing on three interrelated questions. First, how does RWI affect transactions?Second, why do transacting parties use RWI? And third, why do ...


Editor In Chief: Foreword, Virginia Millacci 2020 University of California, Hastings College of the Law

Editor In Chief: Foreword, Virginia Millacci

Hastings Race and Poverty Law Journal

No abstract provided.


The Company Store And The Literally Captive Market: Consumer Law In Prisons And Jails, Stephen Raher 2020 University of California, Hastings College of the Law

The Company Store And The Literally Captive Market: Consumer Law In Prisons And Jails, Stephen Raher

Hastings Race and Poverty Law Journal

The growth of public expense associated with mass incarceration has led many carceral systems to push certain costs onto the people who are under correctional supervision. In the case of prisons and jails, this frequently takes the form of charges and fees associated with telecommunications, food, basic supplies, and access to information. Operation of these fee-based businesses (referred to here as “prison retail”) is typically outsourced to a private firm. In recent years, the dominant prison retail companies have consolidated into a handful of companies, mostly owned by private equity firms.

This paper explores the practices of prison retailers, and ...


And When Does The Black Church Get Political?: Responding In The Era Of Trump And Making The Black Church Great Again, Jonathan C. Augustine 2020 University of California, Hastings College of the Law

And When Does The Black Church Get Political?: Responding In The Era Of Trump And Making The Black Church Great Again, Jonathan C. Augustine

Hastings Race and Poverty Law Journal

The November 2018 midterm elections engaged more voters than any midterm election since World War I. Moreover, from a Black Church perspective, the midterm elections arguably engaged more constituent members in secular politics than any time since the Civil Rights Movement and the historic passage of the Voting Rights Act of 1965. If the axiom is true that, “For every action there is a reaction,” the series of actions that have been part of Donald J. Trump’s “Make America Great Again” narrative have been met with a reaction that is “Making the Black Church Great Again!”

This interdisciplinary Article ...


Transgender Rights: Shifting Strategies In A Changing Nation, Alex Binsfeld 2020 University of California, Hastings College of the Law

Transgender Rights: Shifting Strategies In A Changing Nation, Alex Binsfeld

Hastings Race and Poverty Law Journal

Transgender rights have only come to the forefront of public consciousness and US jurisprudence in the past couple of decades. During this time, the transgender rights movement has made large strides and was rapidly working toward the enshrinement of federal non-discrimination protections for the transgender community. However, recent political changes in the US have led to a federal effort to undo the decades of progress that transgender activists have made in advocating for the recognition of their rights.1 As a result of this changing political climate, the strategies used by transgender rights advocates must change if the movement is ...


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