Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson
The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.
Especially in the wake of the financial crisis, prosecutors and the public are searching for new tools to combat corporate conspiracy. The most ...
Structural Police Reform, 2015 University of Illinois College of Law
Structural Police Reform, Stephen Rushin
For most of American history, courts and policymakers have relied on a small handful of relatively non-invasive tools to fight police misconduct. These traditional approaches to police regulation merely incentivized, but did not force, police departments to adopt costly reforms aimed at curbing unconstitutional behavior. In 1994, Congress passed 42 U.S.C. §14141, a statute authorizing the Attorney General to initiate structural reform litigation against local police agencies engaged in a pattern or practice of misconduct. Although some of the nation’s largest cities have now undergone this sort of structural police reform, there has been little empirical legal ...
A Mother Goose Guide To Legal Writing, 2014 SelectedWorks
A Mother Goose Guide To Legal Writing, Jessica Ronay
An original substantive poem with footnotes and explanatory paragraphs that provides examples and explanations of legal writing rules, illustrates the nuances of legal writing, and untangles the challenging legal writing concepts for students, professors, scholars, and practitioners.
The Presentment Clause Meets The Suspension Power: The Affordable Care Act’S Long And Winding Road To Implementation, Mitchell Widener
The presentment clause MEETs the Suspension Power: The Affordable Care Act’s Long and Winding Road to Implementation
Mitchell J. Widener
To enact a law, the Presentment Clause of the Constitution mandates that both Houses of Congress present a bill to the President who either signs it into law or vetoes it. The Founders included this provision to prevent presidents from emulating King James II, who would routinely suspend Parliament’s laws to favor political constituents. Additionally, the Presentment Clause served to enhance the separation-of-powers principle implied in the Constitution.
Within the past year, President Obama has suspended multiple ...
What Is The Right To Privacy?, 2014 BLR
What Is The Right To Privacy?, Andrei Marmor
University of Southern California Legal Studies Working Paper Series
A philosophical account of the right to privacy should explain what is the distinct interest that the right is there to protect, what it takes to secure it, and what would count as a violation of the right. In this paper I argue that the right to privacy is grounded on people’s interest in having a reasonable measure of control over ways in which they present themselves (and what is theirs) to others; I argue that in order to secure this kind of interest we need to have a reasonably secure and predictable environment about the flow of information ...
Murder Mitigation In The Fifty-Two American Jurisdictions: A Case Study In Doctrinal Interrelation Analysis, 2014 University of Pennsylvania Law School
Murder Mitigation In The Fifty-Two American Jurisdictions: A Case Study In Doctrinal Interrelation Analysis, Paul H. Robinson
The essay surveys the law in the fifty-two American jurisdictions with regard to the three doctrines that commonly provide a mitigation or defense to murder liability: common law provocation and its modern counterpart, extreme mental or emotional disturbance; the so-called diminished capacity defense and its modern counterpart, mental illness negating an offense element; and the insanity defense. The essay then examines the patterns among the jurisdictions in the particular formulation they adopt for the three doctrines, and the combinations in which those formulations commonly appear in different jurisdictions. After this review, the essay steps back to see what kinds of ...
Preventative Legislation Ensures Intended Parents Of Gestational Surrogacy Benefits Under The California Family Rights Act, Jennifer Jackson
We live in a rapidly evolving technological age, which now allows parents to enter surrogacy contracts. In such a world, the law often lags in catching up to technology and the ramifications that may ensue. This paper focuses on the California Family Rights Act (CFRA) and the consequences it has on surrogacy agreements and the rights intended parents. While the CFRA includes broad language as to the definition of a “child,” case law shows that surrogate born children may be unintentionally excluded. As a result, this paper analyzes the arguments both for and against revision to the CFRA and concludes ...
Poverty Law, Policy And Practice, 2014 Berkeley Law
Poverty Law, Policy And Practice, Juliet Brodie, Clare Pastore, Ezra Rosser, Jeffrey Selbin
Poverty Law, Policy and Practice is the first new poverty law casebook in 17 years and only the second since 1976. With current literature from multiple viewpoints, the book provides an overview of the field, including cases, data and major government programs that map onto important theoretical, doctrinal, policy and practice questions.
The preface and table of contents are attached. The publisher's page is here: http://www.aspenlaw.com/aspen-casebook-series/id-9781454812548/poverty_law_policy__practice.
Demon At The Back Door: Rise Of The Mexican Drug Cartels, 2014 SelectedWorks
Demon At The Back Door: Rise Of The Mexican Drug Cartels, Oliver T. Beatty
Oliver T Beatty
This article addresses the rise of the violent Mexican drug cartels and searches within the legislative and law enforcement toolbox on how to dethrone the epidemic of violence on the border. The Mexican drug cartels rose from the ashes and structural framework of the Colombian cocaine cartels which gave these new criminal empires their routes, connections, and ease at taking over Pablo Escobar’s monopoly on the drug trafficking game. In addressing the origins of the cartels this article explores the trajectory of cocaine from imported medical remedy to criminalized substance. Additionally this article explores how the Italian mafia was ...
Public Lands Access Association V. Board Of County Commissioners Of Madison County, 2014 The University of Montana School of Law
Public Lands Access Association V. Board Of County Commissioners Of Madison County, Graham Coppes
Public Land and Resources Law Review
On January 16, 2014, the Supreme Court of Montana reversed and remanded a district court decision that had foreclosed the public’s right to access the Ruby River. The Court held that the right of way was a public prescriptive easement, which extended beyond the road surface itself to include such area as necessary for the county to maintain the road in the interest of the public. Furthermore, the Court concluded that once a public right-of-way is established by prescriptive use, the scope of current and future use of such an easement is not limited to those historic adversarial practices ...
Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo
No abstract provided.
Secular And Theocratic: Interrogating Malaysia’S Mixed Constitution, 2014 SelectedWorks
Secular And Theocratic: Interrogating Malaysia’S Mixed Constitution, Jaclyn Neo
This article examines Malaysia’s constitutional practice with regards to religion, and argues that its legal-political arrangement should be analyzed as a mixed constitution. Following that, it uses the mixed constitutional framework to bring to fore the ongoing political contestations that serve as crucial background factors for change with respect to constitutional law and religion in the state.
Justice: 1850s San Francisco And The California Gold Rush, 2014 University of Pennsylvania Law School
Justice: 1850s San Francisco And The California Gold Rush, Paul H. Robinson, Sarah M. Robinson
Using stories from the 1848-1851 California gold miners, the 1851 San Francisco vigilante committees, Nazi concentration camps of the 1940s, and wagon trains of American westward migration in the 1840s, the chapter illustrates that it is part of human nature to see doing justice as a value in itself—in people’s minds it is not dependent for justification on the practical benefits it brings. Having justice done is sufficiently important to people that they willingly suffer enormous costs to obtain it, even when they were neither hurt by the wrong nor in a position to benefit from punishing the ...
Punishment: Drop City And The Utopian Communes, 2014 University of Pennsylvania Law School
Punishment: Drop City And The Utopian Communes, Paul H. Robinson, Sarah M. Robinson
Using stories from the utopian non-punishment hippie communes of the late 1960's, the essay challenges today’s anti-punishment movement by demonstrating that the benefits of cooperative action are available only with the adoption of a system for punishing violations of core rules. Rather than being an evil system anathema to right-thinking people, punishment is the lynchpin of the cooperative action that has created human success.
This is Chapter 3 from the forthcoming general audience book Living Beyond the Law: Lessons from Pirates, Prisoners, Lepers and Survivors (Rowman & Littlefield 2014). Included is a table of contents for the book and ...
Catalogs, 2014 University of Pennsylvania Law School
Catalogs, Gideon Parchomovsky, Alex Stein
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 ...
Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren L. Hutchinson
Darren L Hutchinson
Preventing Balkanization or Facilitating Racial Domination: A Critique of the
New Equal Protection
The Supreme Court requires that equal protection plaintiffs prove defendants acted with discriminatory intent. The intent rule has insulated from judicial invalidation numerous policies that harmfully impact racial and ethnic minorities. Court doctrine also mandates that state actors remain colorblind. The colorblindness doctrine has caused the Court to invalidate many policies that were designed to ameliorate the conditions of racial inequality. Taken together, these two equality doctrines facilitate racial domination. The Court justifies this outcome on the ground that the Constitution does not protect “group rights ...
Consciousness And Futility: A Proposal For A Legal Redefinition Of Death, 2014 SelectedWorks
Consciousness And Futility: A Proposal For A Legal Redefinition Of Death, Christopher Smith
Christopher R Smith
Recent controversies in Texas (with the Marlise Muñoz case) and in California (with the Jahi McMath case) have highlighted a lamentable flaw in the current legal conception of human death, and the difficulty of defining when death finally occurs. The unworkable notion of “brain-death” remains the law in every state in the union, yet the philosophical and scientific foundations of this notion remain open to attack. This article posits that death is a fundamentally social construct, and that it is society at large (through its laws, public opinions, religious attitudes, etc.) that actually defines death. This essay then argues that ...
Judging Similarity, 2014 University of Pennsylvania Law School
Judging Similarity, Shyamkrishna Balganesh, Irina D. Manta, Tess Wilkinson-Ryan
Copyright law’s requirement of substantial similarity requires a court to satisfy itself that a defendant’s copying, even when shown to exist as a factual matter, is quantitatively and qualitatively enough to render it actionable as infringement. By the time a jury reaches the question of substantial similarity, however, the court has usually heard and analyzed a good deal of evidence: about the plaintiff, the defendant, the creativity involved, the process through which the work was created, the reasons for which the work was produced, the defendant’s own creative efforts and behavior, and on occasion the market effects ...
The Smokable Goods Tax: Crafting A Constitutional Marijuana Tax, 2014 SelectedWorks
The Smokable Goods Tax: Crafting A Constitutional Marijuana Tax, Nima H. Mohebbi, Samuel T. Greenberg
Nima H. Mohebbi
Marijuana legalization and decriminalization has become a hot policy issue. Roughly twenty U.S. states have partially legalized marijuana (generally for medicinal purposes) and two states – Colorado and Washington – have legalized it for general adult recreational use. Given the likely hyper-growth of the cannabis market in view of the possible wide-scale legalization of marijuana, states might enjoy a potential budgetary windfalls from marijuana excise taxes.
Marijuana, however, remains a federally controlled substance, the sale or use of which is subject to substantial penalties. For the states, this presents a potential problem in collecting excise taxes on marijuana – namely, if an ...
Language And Power In A Place Of Contingencies: Law And The Polyphony Of Self-Representation, Jonathan Yovel
New York University Public Law and Legal Theory Working Papers
How does language mediate action, communication and relations in legal settings not "contaminated" by the mediation of professional counsel? What is its interaction with, and what does it do to the concerns that drove litigants to seek institutional justice in the first place (or are cast into defensive roles?) How to approach these question in the context of communities diversified by ethnicity, gender, language, religion, education, income, age — whose members nevertheless meet in the same courtroom, where they must speak to authority as well as to each other in the role of institutional antagonists?
This paper, presenting empirical and interpretative ...