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10,902 full-text articles. Page 3 of 206.

California Public Utilities Commission, Charles Kreuzberger, Thomas G. Routson, Negin Taleb, R. C. Fellmeth 2019 University of San Diego

California Public Utilities Commission, Charles Kreuzberger, Thomas G. Routson, Negin Taleb, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, J. D. Fellmeth 2019 University of San Diego

Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme 2019 University of San Diego

State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


The Kids Are Not Alright: Leveraging Existing Health Law To Attack The Opioid Crisis Upstream, Yael Cannon 2019 Georgetown University Law Center

The Kids Are Not Alright: Leveraging Existing Health Law To Attack The Opioid Crisis Upstream, Yael Cannon

Georgetown Law Faculty Publications and Other Works

The opioid crisis is now a nationwide epidemic, ravaging both rural and urban communities. The public health and economic consequences are staggering; recent estimates suggest the epidemic has contracted the U.S. labor market by over one million jobs and cost the nation billions of dollars. To tackle the crisis, scholars and health policy initiatives have focused primarily on downstream solutions designed to help those who are already in the throes of addiction. For example, the major initiative announced by the U.S. Surgeon General promotes the dissemination of naloxone, which helps save lives during opioid overdoses.

This Article argues ...


"Declinations With Disgorgement" In Fcpa Enforcement, Karen Woody 2019 Kelley School of Business, Indiana University

"Declinations With Disgorgement" In Fcpa Enforcement, Karen Woody

Karen Woody

This Article addresses the recent pretrial diversion scheme undertaken by the Department of Justice in conjunction with its Foreign Corrupt Practices Act Pilot Program—specifically, “declinations with disgorgement.” Pursuant to the Pilot Program, the Department of Justice declined to prosecute or even continue an investigation, provided the company disgorge its alleged ill-gotten gains. This Article dissects both the purpose of, and terminology used in, declinations with disgorgement and argues that this novel and creative pretrial diversion is a dangerous conflation of legal remedial theories and terms. A criminal disposition cannot be a declination with attendant penalties because either illegal activity ...


Undocumented: The Need To Further Address The Intersection Of Immigration And Domestic Violence In The United States, JULIE FLOWER 2019 American University Washington College of Law

Undocumented: The Need To Further Address The Intersection Of Immigration And Domestic Violence In The United States, Julie Flower

Legislation and Policy Brief

No abstract provided.


Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda 2019 American University, Washington College of Law

Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda

Legislation and Policy Brief

No abstract provided.


A More Sensible Surge: Ending Doj's Indiscriminate Raids Of Healthcare Providers, Michael C. Barnes 2019 DCBA Law & Policy

A More Sensible Surge: Ending Doj's Indiscriminate Raids Of Healthcare Providers, Michael C. Barnes

Legislation and Policy Brief

No abstract provided.


Foreword, Jamin B. Raskin 2019 American University Washington College of Law

Foreword, Jamin B. Raskin

Legislation and Policy Brief

No abstract provided.


Editor's Welcome, Rachael A. Soloway 2019 American University, Washington College of Law

Editor's Welcome, Rachael A. Soloway

Legislation and Policy Brief

No abstract provided.


Equal Protection Supreme Court Appellate Division Third Department, 2019 Touro College Jacob D. Fuchsberg Law Center

Equal Protection Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Scaled Legislation And New Challenges In Statutory Interpretation, Jill M. Fraley 2019 Washington & Lee University School of Law

Scaled Legislation And New Challenges In Statutory Interpretation, Jill M. Fraley

Jill M. Fraley

No abstract provided.


Identities Lost: Enacting Federal Law Mandating Disclosure & Notice After A Data Security Breach, John Ogle 2019 University of Arkansas, Fayetteville

Identities Lost: Enacting Federal Law Mandating Disclosure & Notice After A Data Security Breach, John Ogle

Arkansas Law Review

Identity theft is real, it’s here, and consumers need protection. Over the past five years hackers have stolen billions of consumers’ sensitive information like social security numbers, addresses, and bank routing numbers from companies that have neglected their security measures. Most of the time these security breaches are easily preventable. Companies sometimes wait weeks, months, or even years to inform the customers whose information was stolen because there is no federal law that requires disclosure. As of 2018, all 50 states have adopted security breach notification laws that require companies to inform consumers that their information may have been ...


A Repeated Call For Omnibus Federal Cybersecurity Law, Carol Li 2019 Notre Dame Law School

A Repeated Call For Omnibus Federal Cybersecurity Law, Carol Li

Notre Dame Law Review

In Part I, this Note discusses the concerning regularity of high-profile data breaches that have occurred within the United States’ weak and patchwork landscape of cybersecurity law. Part II discusses the challenges companies face when attempting to comply with the current cybersecurity law, and why companies who are deemed compliant are still falling victim to hackers and data breaches. Part III makes a call for federal legislation to replace the current, inadequate, fragmented, and uneven landscape of cybersecurity law. Part IV discusses numerous factors and incentives to consider in creating an omnibus federal cybersecurity law. Finally, Part V offers some ...


Is Congress Holding Itself To Account? Addressing Congress's Sexual Harassment Problem And The Congressional Accountability Act Of 1995 Reform Act, Christina C. Hopke 2019 Notre Dame Law School

Is Congress Holding Itself To Account? Addressing Congress's Sexual Harassment Problem And The Congressional Accountability Act Of 1995 Reform Act, Christina C. Hopke

Notre Dame Law Review

This Note explores how the Congressional Accountability Act of 1995 ("CAA") contributed to the underreporting of the sexual harassment occurring in Congress and evaluates both the original proposals offered by the House and Senate to reform the CAA and the Reform Act in its final form. Part I will offer brief background information on the ‘me too’ Movement and the specific allegations of harassment against individuals in Congress. Part II will explore the issue of underreporting when it comes to instances of sexual harassment, with a particular focus on reporting considerations of professional women such as those employed in the ...


Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod 2019 Columbia Law School

Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod

Indiana Law Journal

In a series of recent split decisions interpreting criminal and tort-like legislation, the Supreme Court has purported to give statutory causation requirements their ordinary, plain meaning. Armed with dictionaries, examples from everyday speech, and commonsense intuitions, the Court’s majority has explained that statutory phrases like “because of” and “results from” entail but-for causation as a matter of ordinary usage. There’s just one problem: The Court’s majority (and the many state and federal courts following its lead) is wrong on the facts—specifically, the facts about how people ordinarily interpret, understand, and use causal language.

This Article considers ...


Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill 2019 Columbia Law School

Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill

Indiana Law Journal

Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous ...


Trade Secret Protection In Japan And The United States: Comparison And Recommendations, Thomas Landman 2019 Brooklyn Law School

Trade Secret Protection In Japan And The United States: Comparison And Recommendations, Thomas Landman

Brooklyn Journal of International Law

Trade secret law is a vital, yet often misunderstood, form of intellectual property law. As economic superpowers, both Japan and the United States realize that effective trade secret protection is essential for the prosperity of their domestic economies, and both nations have enacted laws to protect their trade secrets. While both Japan and the United States are signatories to the TRIPS agreement and therefore provide a shared baseline standard of trade secret protection, cultural and systemic differences between the two nations have resulted in differences in the way each nation implements its trade secret laws. This Note traces the history ...


Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson 2019 Brooklyn Law School

Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson

Brooklyn Journal of International Law

South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the ...


Legislative Design And The Controllable Costs Of Special Legislation, Evan C. Zoldan 2019 University of Maryland Francis King Carey School of Law

Legislative Design And The Controllable Costs Of Special Legislation, Evan C. Zoldan

Maryland Law Review

Legislation that singles out an identifiable individual for benefits or harms that do not apply to the rest of the population is called “special legislation.” In previous work, I have argued that special legislation is constitutionally suspect. In this Article, I explore the normative consequences of special legislation, assessing both the costs it imposes and the benefits that it can provide. Drawing on constitutional theory, public choice theory, and the history of special legislation, I argue that the enactment of special legislation is costly when it reflects the corruption of the legislative process and leads to low-quality legislation, unjustifiably unequal ...


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