The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, 2019 St. Mary's University School of Law
The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo
St. Mary's Law Journal
Texas House Bill 214 (H.B. 214) is subject to challenge under the Supreme Court precedent protecting a woman’s right to choose. Passed in 2017, H.B. 214 regulates Texas insurance markets by prohibiting coverage for an elective abortion unless a woman affirmatively opts into such coverage through a separate contract and pays a separate premium. Similar restrictions on insurance coverage for elective abortion in other states have been met with mixed results in the courts. What sets H.B. 214 apart from other regulations of insurance coverage for abortion is that it does not include any exceptions for ...
Safe Injection Sites And The Federal "Crack House" Statute, 2019 Thomas Jefferson School of Law
Safe Injection Sites And The Federal "Crack House" Statute, Alex Kreit
Boston College Law Review
Safe injection sites have become the next battlefield in the conflict between state and federal drug laws. A safe injection site is a place where injection drug users can self-administer drugs in a controlled environment under medical supervision. They have been operating in other countries, including Canada, for decades, and a wealth of evidence suggests that they can help to reduce overdose deaths. To date, however, no United States city or state has sanctioned a safe injection site. Until recently, safe injection sites were politically untenable, seen as a form of surrender in the war on drugs. This dynamic, however ...
Marijuana Business Attorneys And The Professional Deference Standard, 2019 University of Arkansas, Fayetteville
Marijuana Business Attorneys And The Professional Deference Standard, Andrew Dixon
Arkansas Law Review
Imagine that you practice as an attorney in the State of Arkansas. A client solicits your advice about opening a marijuana dispensary or cultivation center. The client might want you to assist him in filing a dispensary application with the State. On the other hand, she might want you to negotiate a commercial lease or to provide services to ensure compliance with municipal zoning laws. Although Arkansas voters approved a constitutional amendment permitting medical marijuana sales, you provide a clear warning to your client: possessing, manufacturing, selling, and distributing marijuana remains a federal crime. After these precautions, however, you proceed ...
Table Of Contents, 2019 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
A Gun To Whose Head? Federalism, Localism, And The Spending Clause, 2019 Penn State Dickinson Law
A Gun To Whose Head? Federalism, Localism, And The Spending Clause, Daniel S. Cohen
Dickinson Law Review
President Trump’s executive order rescinding federal funds from “sanctuary jurisdictions” has brought a critical, but overlooked, question of constitutional law to the forefront of the political debate: how does the Spending Clause apply to local governments? The purpose of the Spending Clause is to empower the federal government to bargain with the states to enact policies it cannot enact itself. This power, however, is constrained within the confines of federalism. The Supreme Court has sought to restrict the Spending Clause by crafting the Dole-NFIB framework, a test to determine whether a federal grant has compromised federalism. At its ...
Choice Of Law And The Right Of Publicity: Rethinking The Domicile Rule, 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law
Choice Of Law And The Right Of Publicity: Rethinking The Domicile Rule, Mary Lafrance
Determining the best choice of law principle for right of publicity claims, and persuading courts to adopt this principle, will enhance predictability for potential plaintiffs and defendants in the foreseeable future. To begin this process, this article by Professor Mary LaFrance takes a critical look at the widespread practice of applying the law of the celebrity's domicile to determine the existence of an enforceable right of publicity.
This article suggests that there are strong policy arguments against the domicile rule, and that courts adhering to the rule are confusing disputes over property ownership with disputes over liability for tortious ...
Private International Law As An Ethic Of Responsivity, 2019 Duke Law School
Private International Law As An Ethic Of Responsivity, Ralf Michaels
The world is a mess. Populism, xenophobia, and islamophobia; misogyny and racism; the closing of borders against the neediest—the existential crisis of modernity calls for a firm response from ethics. Why, instead of engaging with these problems through traditional ethics, worry about private international law, that most technical of technical fields of law? My claim in this chapter: not despite, because of its technical character. Private international law provides such an ethic, an ethic of responsivity. It provides us with a technique of ethics, a technique that helps us conceptualise and address some of the most pressing issues of ...
State Capture, Corporate Ownership Structure, And Institutional Reform Issues In Ethiopia- Abstract.Docx, 2018 Murray State University
State Capture, Corporate Ownership Structure, And Institutional Reform Issues In Ethiopia- Abstract.Docx, Seid Y. Hassan
Certainty Vs. Flexibility In The Conflict Of Laws, 2018 University of Pennsylvania Law School
Certainty Vs. Flexibility In The Conflict Of Laws, Kermit Roosevelt Iii
Faculty Scholarship at Penn Law
Traditional choice of law theory conceives of certainty and flexibility as opposed values: increase one, and you inevitably decrease the other. This article challenges the received wisdom by reconceptualizing the distinction. Rather than caring about certainty or flexibility for their own sake, it suggests, we care about them because each makes it easier to promote a certain cluster of values. And while there may be a necessary tradeoff between certainty and flexibility, there is no necessary tradeoff between the clusters of values. It is possible to improve a choice of law system with regard to both of them. The article ...
42 U.S.C. § 1981’S Equal Benefit Clause: Debating The Application To Private Actor Discrimination, 2018 Northwestern Pritzker School of Law
42 U.S.C. § 1981’S Equal Benefit Clause: Debating The Application To Private Actor Discrimination, Lauren Pope
Northwestern Journal of Law & Social Policy
No abstract provided.
Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, 7 J. Marshall Rev. Intell. Prop. L. 412 (2008), Peter K. Yu
Peter K. Yu
Commentators have attributed China’s piracy and counterfeiting problems to the lack of political will on the part of Chinese authorities. They have also cited the many political, social, economic, cultural, judicial, and technological problems that have arisen as a result of the country’s rapid economic transformation and accession to the WTO. This provocative essay advances a third explanation. It argues that the failure to resolve piracy and counterfeiting problems in China can be partly attributed to the lack of political will on the part of U.S. policymakers and the American public to put intellectual property protection at ...
A Rule-Based Method For Comparing Corporate Laws, 2018 UCLA School of Law
A Rule-Based Method For Comparing Corporate Laws, Lynn M. Lopucki
Notre Dame Law Review
Part I explains the processes for specifying a Scenario. It introduces the Scenario that will serve as the illustration in the remainder of this Article—a comparison of the liability of directors for the exercise of poor judgment in a Delaware corporation with the corresponding liability in a United Kingdom public limited company. Part II explains and illustrates the necessity of selecting specific entity types for comparison. Part III describes and illustrates the method for resolving the Scenario in both jurisdictions. Part IV explains and illustrates the novel process for close comparison—the extraction, juxtaposition, and comparison of decisional rules ...
Legislative Committee Systems: A Design Perspective, 2018 Indiana University Maurer School of Law
Legislative Committee Systems: A Design Perspective, Chase Stoddard
Indiana Journal of Constitutional Design
Committees are the defining characteristic of the modern legislature. While the centrality and study of party politics goes back further than committee politics, the focus on committee systems emerged over the course of the twentieth century, and legislatures could not function as we understand them without this mechanism. The United States Congressional committee system is the most studied system, yet virtually every country utilizes a committee system of some sort within its legislature. Despite their ubiquity in and centrality to the operations of legislatures, committees remain insufficiently studied, especially outside of the United States. The existing body of work tends ...
Interview By Prof. Dr. Ulla Gläßer, Institute For Conflict Management, Europa-Universität Viadrina, Frankfurt (Oder), For The Zkm Magazine, 2018 Singapore Management University
Interview By Prof. Dr. Ulla Gläßer, Institute For Conflict Management, Europa-Universität Viadrina, Frankfurt (Oder), For The Zkm Magazine, Gläßer Ulla, Nadja Alexander
Research Collection School Of Law
Das nachfolgende Gespräch mit Prof. Dr. Nadja Alexander(Academic Director der Singapore International DisputeResolution Academy, Singapore Management University,und praktizierende Mediatorin) bildet den Auftakt einerInterview-Serie (s. Gläßer, ZKM 2018, 97 ff., in diesemHeft), in der Expertinnen und Experten aus verschiedenenLändern vorgestellt werden, die ihr Berufsleben als Scholar-Practitionerim Bereich Mediation/ADR gestalten.
Weed Wars: Winning The Fight Against Marijuana Spillover From Neighboring States, 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law
Weed Wars: Winning The Fight Against Marijuana Spillover From Neighboring States, Jessica Berch
Nevada Law Journal
No abstract provided.
Im Skaugen Se V Man Diesel & Turbo Se  Sghc 123, 2018 Singapore Management University
Im Skaugen Se V Man Diesel & Turbo Se  Sghc 123, Adeline Chong
Research Collection School Of Law
In IM Skaugen SE v MAN Diesel & Turbo SE  SGHC 123, the Singapore High Court had the occasion to discuss and resolve various meaty private international law issues. The facts concerned the alleged negligent or fraudulent misrepresentation by the defendants on the fuel consumption of a specific model of engine that was sold and installed into ships owned by the plaintiffs. The issue before the court was whether the Singapore courts had jurisdiction over the misrepresentation claim. The defendants were German and Norwegian incorporated companies so the plaintiffs applied for leave to serve the writ out of Singapore. This ...
Things Invisible To See: State Action & Private Property, 2018 Texas A&M University School of Law
Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley
Texas A&M Law Review
This Article revisits the state action doctrine, a judicial invention that shields “private” or “non-governmental” discrimination from constitutional scrutiny. Traditionally, this doctrine has applied to discrimination even in places of public accommodation, like restaurants, hotels, and grocery stores. Born of overt racial discrimination, the doctrine has inflicted substantial injustice throughout its inglorious history, and courts have continuously struggled in vain to coherently apply the doctrine. Yet, the United States Supreme Court has not fully insulated “private” or “horizontal” relations among persons from constitutional scrutiny. The cases in which it has applied constitutional norms to non-governmental actors should be celebrated rather ...
Habitual Residence V. Domicile: A Challenge Facing American Conflicts Of Laws, 2018 University of Maine School of Law
Habitual Residence V. Domicile: A Challenge Facing American Conflicts Of Laws, Mo Zhang
Maine Law Review
Habitual residence has now become an internationally accepted connecting factor in conflict of laws and is widely being used as an alternative to, or replacement of, domicile. This concept, however, remains remote to American conflict of laws. Although the use of habitual residence in the U.S. courts is mandated by the codification of the Hague Child Abduction Convention, there is still a lack of general acceptance in American conflict of law literature. The Article argues that habitual residence should be adopted as a conflict of law connecting factor in American conflict of laws, and it would be unwise for ...
Us State Implementation Of 5 Methods Of Foreign Lawyer Practice In The United States, 2018 Pennsylvania State University, Dickinson Law
Us State Implementation Of 5 Methods Of Foreign Lawyer Practice In The United States, Laurel S. Terry
Laurel S. Terry
China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act, 2018 Ohio State University Moritz College of Law
China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act, Daniel C.K. Chow
Texas A&M Law Review
China’s highly publicized crackdown on corruption may affect the type and number of cases in China that arise under the Foreign Corrupt Practices Act (“FCPA”), but it should not be assumed that the crackdown will necessarily lead to fewer FCPA prosecutions. Although there is some overlap of the goals of China’s corruption crackdown and the goals of the FCPA, China’s crackdown also serves important goals of the ruling Communist Party. The main goal of the current crackdown is to reinforce the Party’s power by targeting enemies and rivals of the current leadership. The crackdown is not ...