Catalogs, 2015 SelectedWorks
Catalogs, Alex Stein, Gideon Parchomovsky
It is a virtual axiom in the world of law that legal norms come in two prototypes: rules and standards. The accepted lore suggests that rules should be formulated to regulate recurrent and frequent behaviors, whose contours can be defined with sufficient precision. Standards, by contrast, should be employed to address complex, variegated, behaviors that require the weighing of multiple variables. Rules rely on an ex ante perspective and are therefore considered the domain of the legislator; standards embody a preference for ex post, ad-hoc, analysis and are therefore considered the domain of courts. The rules/standards dichotomy has become ...
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, 2014 University of San Diego
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...
Obamacare Interrupted: Obstructive Federalism And The Consumer Information Blockade, Katherine Vukadin
Millions of Americans are now insured through the Affordable Care Act (ACA) and implementation forges ahead nationwide. Nevertheless, some states remain defiant. The ACA’s foundation in cooperative federalism lets states embrace or reject some of the laws’ most significant tenets—one such rejection is the southern states’ widely-criticized refusal to expand Medicaid. Less well known and little criticized, however, is certain states’ quiet rejection of a second, equally significant underpinning of the ACA: informational transparency for consumers. Lack of informational transparency means lower enrollment, but also less consumer protection and higher health insurance rates.
This article posits that the ...
The Rationalization Of Policy: On The Relation Between Democracy And The Rule Of Law, Ofer Raban
What is the relation between democracy and the rule of law? Why did they develop more or less simultaneously, and why do we tend to conjoin them in describing good government? After all, the two are theoretically distinct: a non-democratic regime may operate with a robust rule of law (think of 18th Century England), and a government elected by popular vote may flout rule of law principles (think of Russia or Turkey or Pakistan). And yet, to repeat, there seems to be some mutual reinforcement—perhaps even some interdependence—between these two systems of political organization. This article will ...
Studying Is Dangerous? Possible Federal Remedies For Study Abroad Liability, 2014 SelectedWorks
Studying Is Dangerous? Possible Federal Remedies For Study Abroad Liability, Robert J. Aalberts, Chad G. Marzen, Darren A. Prum
Chad G. Marzen
Every year, thousands of U.S. students study abroad for academic credit. Study abroad programs have traditionally garnered strong congressional support, and proponents of the programs emphasize the educational, cultural, and diplomatic benefits from study abroad experiences.
Despite the many benefits of study abroad programs, risks are incurred overseas. In the past several years, a number of incidents have resulted in which students studying abroad have not only incurred physical harm, but in some instances have died while enrolled in a study abroad program. The current liability standards governing study abroad programs are murky. This article not only discusses the ...
Marriage Penalty: How Stacking Income Affects The Secondary Earner’S Decision To Work, Kevin M. Walsh
Kevin M Walsh
Our progressive tax rate structure is aimed at taxing citizens fairly and based on their ability to pay. The rate structure, however, partially loses its purpose when analyzing the income taxation of married individuals. If a married couple decides to file jointly they are sometimes taxed at higher rates than individuals are depending on the incomes of the couple. This has created what we know today as the “marriage penalty,” and it can serve as a deterrent to the secondary earner from working.
There is no simple solution to address how the marriage penalty, in combination with necessary expenses, affects ...
Trade, 2014 Purdue University
Trade, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.
Breaking The Ice: How Plaintiffs May Establish Premises Liability In "Black Ice" Cases Where The Dangerous Condition Is By Definition Not Visible Or Apparent To The Property Owner, Hon. Mark C. Dillon
Hon. Mark C. Dillon
Plaintiffs that are injured as a result of encounters with "black ice," as distinguished from regular ice, face peculiar difficulties in establishing liability against property owners for the dangerous icy conditions on their premises. Black ice results from a unique process under certain conditions by which air bubbles are expelled from water during the freezing process, rendering the ice virtually invisible to the naked eye. Property owners therefore are not typically on actual or constructive notice of black ice conditions as to become subject to the legal requirement of undertaking measures to remedy the conditions. This article explores the law ...
Protecting The Sender: Liability Protection For The Senders Of Electronic Communication, Meredith W. Doherty
Meredith W. Doherty
As the technology of smartphones has progressed, electronic communication has become an integral and portable part of our daily lives. A recent New Jersey case highlighted the issue of holding the sender of a text message liable for injuries resulting from a motor vehicle accident in which the driver at fault was reading a text message from the sender at the time of the accident. This note focuses on the implications of such liability being imposed on senders of text messages as well as the slippery slope that could result, taking all forms of electronic communication, social media and mobile ...
Zero And The Rise Of Technological Lawmaking, 2014 Pace University
Zero And The Rise Of Technological Lawmaking, Max Stul Oppenheimer
Pace Law Review
This Article begins by identifying and drawing the outline of this previously unrecognized source of law: technology-made law. It then focuses on one paradigmatic case: changes in the meaning of “zero” and the closely related concept of a mathematical limit (for example a speed limit). It defines “zero” and demonstrates its explicit and implicit uses in law. It then posits that there are two ways to interpret a law involving a technological limit: a technology-static approach, in which comparisons are made using the technology available at the time the law was enacted, and a technology-dynamic approach, in which comparisons are ...
Environmental Law Outside The Canon, 2014 Maurer School of Law: Indiana University
Environmental Law Outside The Canon, Todd S. Aagaard
Indiana Law Journal
It is time to rethink the domination of environmental law by a canon of major federal statutes enacted in the 1970s. Environmental law is in a malaise. Despite widespread agreement that existing laws are inadequate to address current environmental problems, Congress has not passed a major environmental statute in more than twenty years. If it is to succeed, the environmental law of this new century may need to evolve into something that looks quite different than the extant environmental law canon. The next generation of environmental laws must be viable for creation and implementation even in an antagonistic political climate ...
Discrimination In Customer Segmentation Marketing Practices, 2014 SelectedWorks
Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas
Jude A Thomas
Customer segmentation is a powerful analytical marketing practice that is employed by a wide range of businesses to segregate customers with similar characteristics into subgroups in order to inform operational business processes. Such practices allow firms to better allocate their resources in order to form more profitable customer relationships, but they also have the capacity to lead to unfair discriminatory impact upon customer groups. Current legislation is largely unprotective of customers so positioned, but recent trends in the insurance and lending industries suggest that a broader application of anti-discrimination laws could foretell a future of greater restrictions on the implementation ...
Navigating A Post America Invents Act World: How The Leahy-Smith America Invents Act Supports Small Businesses, 2014 Pepperdine University
Navigating A Post America Invents Act World: How The Leahy-Smith America Invents Act Supports Small Businesses, Melissa Cerro
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Natural Law, Natural Rights, And Same Sex Marriage, 2014 SelectedWorks
Natural Law, Natural Rights, And Same Sex Marriage, Shannon Holzer
The Definition of Rights and Same-Sex Marriage
The claim that same-sex couples have the right to be married needs to be explained according to particular theories of rights. This presents a problem for same-sex marriage (SSM) advocates for two reasons. First, if SSM advocates suggest that they have a natural right to be married (as rights were understood by Thomas Jefferson in the Declaration of Independence), then they have the burden to prove that this is the case. Yet, Natural Rights entail Natural Law (NL), and NL tends to support teleological definitions of marriage. Thus, the SSM advocate must ...
Sara's State Procedural Reform: Reading Cts V. Waldburger Through Canons Of Statutory Interpretation, Alfred R. Light
This Article takes Justice Antonin Scalia and Professor Bryan A. Garner’s 2012 treatise Reading Law seriously by showing how the Supreme Court applied (or failed to apply) Reading Law’s canons of statutory interpretation in a recent decision evaluating a preemptive provision of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA” or “Superfund”) – 42 U.S.C. §9658 in CTS v. Waldburger. Justice Kennedy applied several semantic and contextual canons: the Ordinary-Meaning Canon, the Fixed-Meaning Canon, the Whole-Text Canon, and the Harmonious Reading Canon. As important, the Court plainly rejected a principle which Reading Law calls a “falsity ...
Building A Better Laboratory: The Federal Role In Promoting Health System Experimentation, 2014 Pepperdine University
Building A Better Laboratory: The Federal Role In Promoting Health System Experimentation, Kristin Madison
Pepperdine Law Review
While expanding federal involvement in the health care system, the Patient Protection and Affordable Care Act (ACA) preserves states' roles as policy laboratories and private providers' roles as health care delivery laboratories. State-based and provider-based laboratories suffer from many shortcomings, however, as mechanisms to develop, evaluate, and facilitate diffusion of reforms within the health system. This Article argues that the federal government can take steps to address these shortcomings. It first briefly reviews ACA provisions that promote policy and delivery experimentation. It then suggests that by tying funding to policy outcomes, making use of regulatory variation and regulatory menus, and ...
Court Of Appeals Of New York - New York Ex Rel. Harkavy V. Consilvio, 2014 Touro College Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York - New York Ex Rel. Harkavy V. Consilvio, Sardar Asadullah
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - People V. Gajadhar, 2014 Touro College Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York - People V. Gajadhar, Joseph Maehr
Touro Law Review
No abstract provided.
Family Court Of New York, Nassau County - In Re S.S., 2014 Touro College Jacob D. Fuchsberg Law Center
Family Court Of New York, Nassau County - In Re S.S., Steven Fox
Touro Law Review
No abstract provided.
Profit Sharing: An Alternative Minimum Wage Model, 2014 SelectedWorks
Profit Sharing: An Alternative Minimum Wage Model, Nicholas Parker
No abstract provided.