Yale Law School
BLR
College of William & Mary Law School
Georgetown University Law Center
For-Profit Public Enforcement,
2014
Duke Law
For-Profit Public Enforcement, Margaret H. Lemos, Max Minzner
Faculty Scholarship
This Article investigates an important yet undertheorized phenomenon: financial incentives in public enforcement. Each year, public enforcers assess billions of dollars in penalties and other financial sanctions for violations of state and federal law. Why? If the awards in question were the result of private lawsuits, the answer would be obvious. We expect that private enforcers—the victims of law violations and their fee-seeking attorneys—will attempt to maximize financial recoveries. Record recoveries come as no surprise in private class actions, for example. But dollar signs are harder to explain in the context of public enforcement. Unlike private attorneys, public ...
Idea Class Actions After Wal-Mart V. Dukes,
2014
DePaul University
Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber
Mark C. Weber
Wal-Mart v. Dukes overturned the certification of a class of a million and a half female employees alleging sex discrimination in Wal-Mart’s salary and promotion decisions. The Supreme Court ruled that the case did not satisfy the requirement that a class have a common question of law or fact, and said that the remedy sought was not the type of relief available under the portion of the class action rule permitting mandatory class actions. Over the last two years, courts have struggled with how to apply the ruling, especially how to apply it beyond its immediate context of employment ...
Introduction: Speaking Up For Justice, Suffering Injustice: Whistleblower Protection And The Need For Reform,
2013
Seattle University School of Law
Introduction: Speaking Up For Justice, Suffering Injustice: Whistleblower Protection And The Need For Reform, Dana L. Gold
Seattle Journal for Social Justice
No abstract provided.
Filling In The Holes In Whistleblower Protection Systems: Lessons From The Hanford Council Experience,
2013
Seattle University School of Law
Filling In The Holes In Whistleblower Protection Systems: Lessons From The Hanford Council Experience, Jonathan Brock
Seattle Journal for Social Justice
No abstract provided.
To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site,
2013
Seattle University School of Law
To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day
Seattle Journal for Social Justice
No abstract provided.
The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws,
2013
Seattle University School of Law
The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws, Terry Morehead Dworkin, A.J. Brown
Seattle Journal for Social Justice
No abstract provided.
Naalj Membership Application And Questionnaire,
2013
Pepperdine University
Naalj Membership Application And Questionnaire, Tiffany Bacon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries ,
2013
Pepperdine University
Legal Summaries , Emily Edwards
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Exhausted? Video Game Companies And The Battle Against Allowing The Resale Of Software Licenses,
2013
Pepperdine University
Exhausted? Video Game Companies And The Battle Against Allowing The Resale Of Software Licenses, Alice J. Won
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Brand Name Or Generic? A Case Note On Caraco Pharmaceutical Laboratories V. Novo Nordisck ,
2013
Pepperdine University
Brand Name Or Generic? A Case Note On Caraco Pharmaceutical Laboratories V. Novo Nordisck , Michael Vincent Ruocco
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Channel Worth Changing? The Individual Regional Sports Network: Proliferation, Profits, Parity, And The Potential Administrative And Antitrust Issues That Could Follow,
2013
Pepperdine University
A Channel Worth Changing? The Individual Regional Sports Network: Proliferation, Profits, Parity, And The Potential Administrative And Antitrust Issues That Could Follow, Stephen Dixon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Raising The Standard: Judulang V. Holder Condemns The Use Of Arbitrary And Capricious Policies When Determining Eligibility For The Section 212(C) Waiver,
2013
Pepperdine University
Raising The Standard: Judulang V. Holder Condemns The Use Of Arbitrary And Capricious Policies When Determining Eligibility For The Section 212(C) Waiver, Adjoa Anim-Appiah
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
“Appropriate” Decisions Under The Individuals With Disabilities Education Act,
2013
Pepperdine University
“Appropriate” Decisions Under The Individuals With Disabilities Education Act, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Adjudicative Remedies For Denials Of Fape Under The Idea,
2013
Pepperdine University
Adjudicative Remedies For Denials Of Fape Under The Idea, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Civil Justice Reform In Social Security Adjudications,
2013
Pepperdine University
Civil Justice Reform In Social Security Adjudications, Jeffrey S. Wolfe
Journal of the National Association of Administrative Law Judiciary
Part I of this Article explores the actions of the Social Security Administration over time, both as related directly to the role of the administrative law judge in the case management process and to the agency's management of the backlog crisis generally, examining the cultural environment of bureaucratic management that has, despite the passage of decades, failed to remedy a persistent animus between the agency and its cadre of administrative law judges to the public detriment. Part II next examines the core attributes of the managerial judge and contrasts this in Part III with the agency's handling of ...
Fundamental Fairness, Judicial Efficiency And Uniformity: Revisiting The Administrative Procedure Act,
2013
Pepperdine University
Fundamental Fairness, Judicial Efficiency And Uniformity: Revisiting The Administrative Procedure Act, Daniel F. Solomon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security,
2013
Pepperdine University
Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security, D. Randall Frye
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
United States National Report On Tax Privacy,
2013
NELLCO
United States National Report On Tax Privacy, Joshua D. Blank
New York University Law and Economics Working Papers
This National Report was prepared for a conference titled Tax Secrecy and Tax Transparency – The Relevance of Confidentiality in Tax Law, which took place in July 2012 in Rust, Austria and was co-hosted by the Institute for Austrian and International Tax Law at the Vienna University of Economics and Business and by Örebro University, Sweden. The Report describes the current tax privacy protections that apply to taxpayers in the United States and provides an overview of the policy considerations that have contributed to their enactment. Portions of this Report were originally published, in part, in Joshua D. Blank, In Defense ...
Against Categorical Preemption: Vaccines And The Compensation Piece Of The Preemption Puzzle,
2013
NELLCO
Against Categorical Preemption: Vaccines And The Compensation Piece Of The Preemption Puzzle, Catherine M. Sharkey
New York University Law and Economics Working Papers
In tort preemption cases, when federal law ousts conflicting state tort law, two fundamental functional premises should hold true: (1) the federal standard of care is more than a minimal standard and (2) the state standard of tort liability has a significant regulatory effect (if not the regulatory purpose) by trading off risks and benefits to inhibit or to encourage risk-taking conduct that interferes with, or substantially alters, a federal regulatory scheme. The regulatory role of state tort law is front and center in this paradigm of preemption. But what about the compensatory role of tort law? Should there, in ...
Against Categorical Preemption: Vaccines And The Compensation Piece Of The Preemption Puzzle,
2013
NELLCO
Against Categorical Preemption: Vaccines And The Compensation Piece Of The Preemption Puzzle, Catherine M. Sharkey
New York University Public Law and Legal Theory Working Papers
In tort preemption cases, when federal law ousts conflicting state tort law, two fundamental functional premises should hold true: (1) the federal standard of care is more than a minimal standard and (2) the state standard of tort liability has a significant regulatory effect (if not the regulatory purpose) by trading off risks and benefits to inhibit or to encourage risk-taking conduct that interferes with, or substantially alters, a federal regulatory scheme. The regulatory role of state tort law is front and center in this paradigm of preemption. But what about the compensatory role of tort law? Should there, in ...
