Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals,
2016
Cornell Law School
Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise
Fordham Urban Law Journal
No abstract provided.
The Right To An Education Or The Right To Shop For Schooling: Examining Voucher Programs In Relation To State Constitutional Guarantees,
2016
University of Wisconsin-Madison
The Right To An Education Or The Right To Shop For Schooling: Examining Voucher Programs In Relation To State Constitutional Guarantees, Julie F. Mead
Fordham Urban Law Journal
No abstract provided.
Legal Aspects Of Charter School Oversight: Evidence From California,
2016
Berkeley Law School
Legal Aspects Of Charter School Oversight: Evidence From California, Kelsey W. Mayo
Fordham Urban Law Journal
No abstract provided.
Searching For Equity Amid A System Of Schools: The View From New Orleans,
2016
Loyola University of New Orleans College of Law
Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert Garda
Fordham Urban Law Journal
No abstract provided.
Apples-To-Fish: Public And Private Prison Cost Comparisons,
2016
Human Rights Defense Center
Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann
Fordham Urban Law Journal
No abstract provided.
Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement In The Second Circuit After Poventud V. City Of New York,
2016
Fordham University School of Law
Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement In The Second Circuit After Poventud V. City Of New York, John P. Collins
Fordham Urban Law Journal
No abstract provided.
Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice,
2016
UC Hastings College of the Law
Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram
Fordham Urban Law Journal
One of the frequently criticized aspects of American mass incarceration, privatized incarceration, is frequently considered worse, by definition, than public incarceration for both philosophical ethical reasons and because its for-profit structure creates a disincentive to invest in improving prison conditions. Relying on literature about the neoliberal state and on insights from public choice economics, this Article sets out to challenge the distinction between public and private incarceration, making two main arguments: piecemeal privatization of functions, utilities, and services within state prisons make them operate more like private facilities, and public actors respond to the cost/benefit pressures of the market just …
Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons,
2016
Indiana University Maurer School of Law
Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman Jr., Carol J. Greenhouse
Fordham Urban Law Journal
No abstract provided.
Judicial Constructions: Modernity, Economic Liberalization, And The Urban Poor In India,
2016
Southwestern Law School
Judicial Constructions: Modernity, Economic Liberalization, And The Urban Poor In India, Priya S. Gupta
Fordham Urban Law Journal
Comparative legal research in property and urban planning law has taken an increasing interest in the policy patterns and legal arguments that municipal bodies and courts employ in the implementation of often radical urban reconfiguration. Aided by geographers, sociologists, and political economists, comparative property law scholars have begun to unearth the justificatory frameworks that underlie and shape these changes in metropolitan urban landscapes and that reveal an interplay between tangible and immediate modes of political constituencies’ interest navigation on the one hand, and deep-seated cultural-historical motivations as well as commitments to transnational strategic and political loyalties, on the other. These …
No Vengeance For 'Revenge Porn' Victims: Unraveling Why This Latest Female-Centric, Intimate-Partner Offense Is Still Legal, And Why We Should Criminalize It,
2016
Fordham University School of Law
No Vengeance For 'Revenge Porn' Victims: Unraveling Why This Latest Female-Centric, Intimate-Partner Offense Is Still Legal, And Why We Should Criminalize It, Sarah Bloom
Fordham Urban Law Journal
No abstract provided.
The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles,
2016
Touro University Jacob D. Fuchsberg Law Center
The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin
Touro Law Review
No abstract provided.
The Law On Foreign Investment,
2016
University of Georgia School of Law
The Law On Foreign Investment, Adolfo Arrioja Vizcaino
Georgia Journal of International & Comparative Law
No abstract provided.
Human Survival, Risk, And Law: Considering Risk Filters To Replace Cost-Benefit Analysis,
2016
University of Pennsylvania Carey Law School
Human Survival, Risk, And Law: Considering Risk Filters To Replace Cost-Benefit Analysis, John William Draper
Librarian Scholarship at Penn Law
Selfish utilitarianism, neo-classical economics, the directive of short-term income maximization, and the decision tool of cost-benefit analysis fail to protect our species from the significant risks of too much consumption, pollution, or population. For a longer-term survival, humanity needs to employ more than cost-justified precaution.
This article argues that, at the global level, and by extension at all levels of government, we need to replace neo-classical economics with filters for safety and feasibility to regulate against significant risk. For significant risks, especially those that are irreversible, we need decision tools that will protect humanity at all scales. This article describes …
A Remedy For Congressional Exclusion Frm Contemporary International Agreement Making,
2016
Yale Law School
A Remedy For Congressional Exclusion Frm Contemporary International Agreement Making, Ryan Harrington
West Virginia Law Review
No abstract provided.
Patent Exhaustion And Federalism: A Historical Note,
2016
University of Pennsylvania Carey Law School
Patent Exhaustion And Federalism: A Historical Note, Herbert J. Hovenkamp
All Faculty Scholarship
This essay, written as a response to John F. Duffy and Richard Hynes, Statutory Domain and the Commercial Law of Intellectual Property, 102 VA. L. REV. 1 (2016), argues that the patent exhaustion (first sale) doctrine developed as a creature of federalism, intended to divide the line between the law of patents, which by that time had become exclusively federal, and the law of patented things, which were governed by the states. Late nineteenth and early twentieth century courts were explicit on the point, in decisions stretching from the 1850s well into the twentieth century.
By the second half of …
Executive Opportunism, Presidential Signing Statements, And The Separation Of Powers,
2016
Northwestern University, Pritzker School of Law
Executive Opportunism, Presidential Signing Statements, And The Separation Of Powers, Daniel B. Rodriguez, Edward H. Stiglitz, Barry R. Weingast
Cornell Law Faculty Publications
Executive discretion over policy outcomes is an inevitable feature of our political system. However, in recent years, the President has sought to expand his discretion through a variety of controversial and legally questionable tactics. Through a series of simple separation of powers models, we study one such tactic, employed by both Democratic and Republican presidents: the use of signing statements, which purport to have status in the interpretation of statutory meaning. Our models also show that signing statements upset the constitutional vision of lawmaking and, in a wide range of cases, exacerbate legislative gridlock. We argue that courts should not …
The Road To The Gettysburg Address,
2016
University of North Carolina School of Law
The Road To The Gettysburg Address, Alfred L. Brophy
Florida State University Law Review
This Article recovers the forgotten ideas about public constitutionalism in seventy published addresses given at cemetery dedications from Supreme Court Justice Joseph Story’s address at Mount Auburn Cemetery in Cambridge, Massachusetts, in 1831, to the addresses by Edward Everett and Abraham Lincoln at Gettysburg in November 1863. It reveals an important, but forgotten, set of ideas that provided a precedent for Lincoln’s Gettysburg Address. Those addresses, including Lincoln’s, reveal the centrality of constitutional values—as opposed to constitutional text—in framing Americans’ interpretation of the Constitution. Pre-Civil War Americans had a vibrant public discussion of constitutional principles, in addition to constitutional text. …
Judging Judicial Elections,
2016
Emory University School of Law
Judging Judicial Elections, Michael S. Kang, Joanna M. Shepherd
Michigan Law Review
Melinda Gann Hall’s new book Attacking Judges: How Campaign Advertising Influences State Supreme Court Elections suggests what seems impossible to many of us—a powerful defense of today’s partisan judicial elections. As judicial races hit new levels of campaign spending and television advertising, there has been a flood of criticism about the increasing partisanship, negativity, and role of money. In view of the “corrosive effect of money on judicial election campaigns” and “attack advertising,” the American Bar Association (ABA) recommends against judicial elections, which are currently used to select roughly 90 percent of state judges. Justice O’Connor, who has championed judicial-election …
Patrolling The New Sociology: Neil Gross Brings The Timely And Topical To A Venerable Department,
2016
Colby College
Patrolling The New Sociology: Neil Gross Brings The Timely And Topical To A Venerable Department, Gerry Boyle
Colby Magazine
That Gross was a patrolman with the Berkeley (Calif.) Police Department for a year before going to graduate school may be only tangentially related to his decision to teach a course next semester called Policing the American City. But his time on the beat certainly gives him classroom cred.
Deconstructing The Wall: The Analysis And Implications Of The 2004 International Court Of Justice Advisory Opinion On The Use Of Border Walls,
2016
George Mason University
Deconstructing The Wall: The Analysis And Implications Of The 2004 International Court Of Justice Advisory Opinion On The Use Of Border Walls, Noah T. Black
MAD-RUSH Undergraduate Research Conference
This research project looks at the various jurisprudences surrounding the 2004 ICJ Advisory Opinion on the Israeli Barrier and analyzes the arguments both in support and in opposition to the Court’s decision. It then looks at the conditions for the illegality of the Israeli Barrier that were established by the Court, analyzes them, and synthesizes a list of characteristics that can be applied to other barriers in order to determine their legality. This checklist, if you will, is then applied to other border walls in order to make a tentative conclusion about their legality and if a suit could be …
