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The Self-Delegation False Alarm: Analyzing Auer Deference's Effect On Agency Rules, Daniel E. Walters 2018 University of Pennsylvania Law School

The Self-Delegation False Alarm: Analyzing Auer Deference's Effect On Agency Rules, Daniel E. Walters

Faculty Scholarship

Auer deference holds that when agencies interpret their own pre-existing regulations, they receive deference from reviewing courts. The doctrine serves a critical function in the administrative process, obviating the need for agencies to undergo costly notice-and-comment rulemaking each time interpretation of existing regulations is necessary and guaranteeing that agencies’ good faith exercise of interpretive discretion will be respected by courts. But for some leading scholars and jurists, this benign-sounding doctrine actually encourages agencies to promulgate vague rules in the first instance, augmenting agency power and violating core separation-of-powers norms in the process. This “perverse incentives thesis” has become increasingly influential ...


Maine's Overburdened Law Court: Has The Time Come For A Maine Appeals Court?, Peter L. Murray 2018 University of Maine School of Law

Maine's Overburdened Law Court: Has The Time Come For A Maine Appeals Court?, Peter L. Murray

Maine Law Review

For the entire 178 years of Maine's statehood, its Supreme Judicial Court, “sitting as the Law Court,” has served as Maine's appellate court of first and last resort for all appeals from its trial courts of general jurisdiction. Over this time span, and particularly over the last three decades, the growth in number and complexity of civil and criminal appeals has placed the Law Court under an extremely heavy burden of cases. The sheer number of the appeals which the Law Court is expected to consider and decide risks exceeding the capacity of the institution for careful, thorough ...


Access To Adjudication Materials On Federal Agency Websites, Daniel J. Sheffner 2018 The University of Akron

Access To Adjudication Materials On Federal Agency Websites, Daniel J. Sheffner

Akron Law Review

This Article offers recommendations and best practices for federal administrative agencies interested in improving the accessibility of orders, opinions, briefs, and other materials filed or issued in administrative adjudication proceedings on their websites and in maintaining more comprehensive online collections of such adjudication materials. Part I provides an overview of federal administrative adjudication and the laws and policies relevant to the online disclosure of adjudication materials. Part II summarizes a survey the author conducted of 24 federal agency websites and presents its results. Part III analyzes the survey’s findings, dividing the analysis into two sections. The first section discusses ...


The Tradition Of Sustantive Judicial Review: A Case Study Of Continuity In Constitutional Jurisprudence, David M. Gold 2018 University of Maine School of Law

The Tradition Of Sustantive Judicial Review: A Case Study Of Continuity In Constitutional Jurisprudence, David M. Gold

Maine Law Review

Until the 1970s, scholars routinely asserted that courts in the late nineteenth century initiated a radical reinterpretation of due process of law in their attempt to stem an onrushing tide of legislation designed to regulate business activity. This protection-of-business theory of due process development originated with the efforts of socialist and progressive commentators of the early twentieth century to discredit what they saw as a “revolutionary” transformation of due process from a term of “nominal significance in American constitutional law” into a bulwark of property. Progressive intellectuals assailed the judiciary in similar terms. Yale University president Arthur T. Hadley, an ...


In Pursuit Of The Public Good: Lawyers Who Care, Ruth Bader Ginsburg 2018 University of Maine School of Law

In Pursuit Of The Public Good: Lawyers Who Care, Ruth Bader Ginsburg

Maine Law Review

The Eighth Annual Frank M. Coffin Lecture on Law and Public Service was held on November 22, 1999. The Honorable Ruth Bader Ginsburg, Associate Justice of the United States Supreme Court, delivered the lecture. Established in 1992, the lecture honors Judge Frank M. Coffin, Senior Circuit Judge of the United States Court of Appeals for the First Circuit and long-time friend of the University of Maine School of Law.


The Federal Equity Power, Michael T. Morley 2018 Barry University School of Law

The Federal Equity Power, Michael T. Morley

Boston College Law Review

Throughout the first century and a half of our nation’s history, federal courts treated equity as a type of general law. They applied a uniform, freestanding body of principles derived from the English Court of Chancery to all equitable issues that came before them, regardless of whether a case arose under federal or state law. In 1945, in Guaranty Trust Co. v. York, the United States Supreme Court held that, notwithstanding the changes wrought by the Erie Doctrine, federal courts may continue to rely on these traditional principles of equity to determine the availability of equitable relief, such as ...


El Desalojo Express Y Los Desaciertos Del Pleno, Paul Cajacuri Jancachagua 2018 Universidad Nacional Mayor de San Marcos

El Desalojo Express Y Los Desaciertos Del Pleno, Paul Cajacuri Jancachagua

Paul Cajacuri Jancachagua

Comentarios a los acuerdos plenarios sobre desalojo express 2017


La Corte Di Giustizia Della Ue Specifica In Quale Caso La Denominazione Di Un Prodotto Contenente Un Ingrediente Protetto Da Una Dop Non Ne Implica L'Usurpazione, L'Imitazione O L'Evocazione: La Sentenza "Champagner Sorbet", Luis González Vaqué 2018 Asociación Iberoamericana para el Dereho Alimentario

La Corte Di Giustizia Della Ue Specifica In Quale Caso La Denominazione Di Un Prodotto Contenente Un Ingrediente Protetto Da Una Dop Non Ne Implica L'Usurpazione, L'Imitazione O L'Evocazione: La Sentenza "Champagner Sorbet", Luis González Vaqué

Luis González Vaqué

Provided for non-commercial research and education use. Not for reproduction, distribution or commercial use.

- L’articolo 118 quaterdecies, paragrafo 2, lettera a), ii), del regolamento (CE) n. 1234/2007 del Consiglio, del 22 ottobre 2007, recante organizzazione comune dei mercati agricoli e disposizioni specifiche per taluni prodotti agricoli (regolamento unico OCM), come modificato dal regolamento (CE) n. 491/2009 del Consiglio, del 25 maggio 2009, e l’articolo 103, paragrafo 2, lettera a), ii), del regolamento (UE) n. 1308/2013 del Parlamento europeo e del Consiglio, del 17 dicembre 2013, recante organizzazione comune dei mercati dei prodotti agricoli e che ...


Adaptation Nation: Three Pivotal Transitions In American Law & Society Since 1886, Mariano-Florentino Cuéllar 2018 University of Oklahoma College of Law

Adaptation Nation: Three Pivotal Transitions In American Law & Society Since 1886, Mariano-Florentino Cuéllar

Oklahoma Law Review

No abstract provided.


Deep Pocket Jurisprudence: Where Tort Law Should Draw The Line, Victor E. Schwartz, Phil Goldberg, Christopher E. Appel 2018 University of Oklahoma College of Law

Deep Pocket Jurisprudence: Where Tort Law Should Draw The Line, Victor E. Schwartz, Phil Goldberg, Christopher E. Appel

Oklahoma Law Review

No abstract provided.


Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin 2018 Winthrop University

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011 ...


How Masculinity Can Shape Judicial Decision Making, Rebecca D. Gill, Michael Kagan, Fatma Marouf 2018 University of Nevada, Las Vegas

How Masculinity Can Shape Judicial Decision Making, Rebecca D. Gill, Michael Kagan, Fatma Marouf

Research Briefs

No abstract provided.


Copyright As Market Prospect, Shyamkrishna Balganesh 2018 University of Pennsylvania Law School

Copyright As Market Prospect, Shyamkrishna Balganesh

Faculty Scholarship

For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts—principally trespass and negligence—in order to understand copyright’s structure of entitlement and liability. This focus on property- and harm-based torts has altogether ignored an area of tort law with significant import for our understanding of copyright law: tortious interference with a prospective economic advantage. This Article develops an understanding of copyright law using tortious interference with a prospect as a homology. Tortious interference with a prospect allows a plaintiff to recover when a defendant's volitional actions interfere with a potential economic ...


Law Library Blog (January 2018): Legal Beagle's Blog Archive, Roger Williams University School of Law 2018 Roger Williams University

Law Library Blog (January 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Formal And Informal Constitutional Amendment Of The United States Constitution, Richard S. Kay 2017 Selected Works

Formal And Informal Constitutional Amendment Of The United States Constitution, Richard S. Kay

Richard Kay

This is the United States report submitted for the session on Formal and Informal Constitutional Amendment at the Twentieth Congress of the International Academy of Comparative Law to be held in Fukuoka, Japan in July, 2018. The report reviews the rules of Article V of the United States Constitution that sets out the rules for constitutional amendment and it provides a brief chronology of the twenty-eight amendments adopted to date. It notes a number of potential problems of interpretation associated with Article V. The report considers the widely held assumption that the United States Constitution is one of the hardest ...


Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam MacLeod 2017 Faulkner University

Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam Macleod

Adam MacLeod

The idea of vested private rights is divisive; it divides those who practice law from those who teach and think about law. On one side of the divide, practicing lawyers act as though (at least some) rights exist and exert binding obligation upon private persons and government officials. On the other side of the divide, scholars of law and jurisprudence have generally proceeded, since at least the rise of English positivism in the nineteenth century and the American legal realist movement in the early twentieth, as if the concept of vested right has little real meaning. This article attempts to ...


Law And The Epistemology Of Disagreements, Alex Stein 2017 Brooklyn Law School

Law And The Epistemology Of Disagreements, Alex Stein

Alex Stein

This Article identifies a discrepancy between law and epistemology and proposes a way to fix it. Our legal system relies on decisions of multimember tribunals, which include juries, state and federal appellate courts and supreme courts. Members of those tribunals often disagree with each other on matters of fact. The system settles such disagreement by applying head-counting rules: the unanimity or supermajority requirement for jury verdicts and the majority rule for judges’ decisions. Under these rules, jurors can return an agreed-upon verdict even when their reasons for supporting the verdict are inconsistent with one another. Similarly, judges are authorized to ...


Expert Testimony And The Epistemology Of Disagreement, Alex Stein 2017 Brooklyn Law School

Expert Testimony And The Epistemology Of Disagreement, Alex Stein

Alex Stein

This Comment contributes to the special volume of the Seton Hall Law Review, Experts, Inference and Innocence: Symposium in Honor of the Work of D. Michael Risinger.
 
In this Comment, I connect science-driven postconviction relief to the epistemology of disagreement—a young and rapidly developing discipline that analyzes the effects of a disagreement on the truth-value of the underlying opinion. Specifically, I argue that when a prosecution’s expert makes an inculpatory finding and then finds out that an equally informed and honest expert—an “epistemic peer”—arrived at a different opinion indicating that the defendant might be innocent, she ...


The "P" Word: Ohio Should Adopt The Uniform Premarital Agreements Act To Achieve Consistency And Uniformity In The Treatment Of Prenuptial Agreements, Jenna Christine Colucci 2017 Cleveland-Marshall College of Law

The "P" Word: Ohio Should Adopt The Uniform Premarital Agreements Act To Achieve Consistency And Uniformity In The Treatment Of Prenuptial Agreements, Jenna Christine Colucci

Cleveland State Law Review

Throughout the United States, courts have used inconsistent standards for the interpretation of prenuptial agreements. Under Ohio jurisprudence, courts are concerned with protecting the vulnerable spouse or the economically disadvantaged party. This legal standard acknowledges the unique relationship of the parties to the contract and will generally review the procedural and substantive components of the prenuptial agreement. Conversely, other courts are weary of interfering with the contractual freedom of the parties and will only invalidate a prenuptial agreement upon a showing of fraud, duress, or misrepresentation. The Uniform Premarital Agreement Act was drafted in 1983 to address the inconsistent treatment ...


Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb 2017 Rochester Institute of Technology

Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb

Articles

This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team found ...


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