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.
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 ...
The Unintended Consequences Of Safety Regulation, 2014 SelectedWorks
The Unintended Consequences Of Safety Regulation, Sherzod Abdukadirov
This study examines how risk trade-offs undermine safety regulations. Safety regulations often come with unintended consequences in that regulations attempting to reduce risk in one area may increase risks elsewhere. The increases in countervailing risks may even exceed the reduction in targeted risks, leading to a policy that does more harm than good. The unintended consequences could be avoided or their impacts minimized through more careful analysis, including formal risk trade-off analysis, consumer testing, and retrospective analysis. Yet agencies face strong incentives against producing better analysis; increased awareness of risk trade-offs would force agencies to make unpalatable and politically sensitive ...
Crossing The Fault Line In Corporate Criminal Law, 2014 University of Pennsylvania
Crossing The Fault Line In Corporate Criminal Law, Amy Sepinwall
Amy J. Sepinwall
Why is it that so few bankers have been prosecuted and punished in the wake of the financial meltdown? Pundits are quick to point to inadequate funding for addressing financial crime or, more cynically, the revolving door between government regulatory agencies and Wall Street. But the ultimate answer may be at once more banal and more dispiriting, lying as it does at the very foundations of our criminal law.
The conception of responsibility underpinning much of our criminal law contemplates the individual in isolation from others. As a result, our criminal law has tremendous difficulty tracking culpability in organizational contexts ...
Values V. Reason: What We Can Learn From Our Colleagues “Across The Pond”: A Comparison Of The Model Rules Of Professional Conduct And The Solicitors Regulation Authority Code Of Conduct, 2014 SelectedWorks
Values V. Reason: What We Can Learn From Our Colleagues “Across The Pond”: A Comparison Of The Model Rules Of Professional Conduct And The Solicitors Regulation Authority Code Of Conduct, Victoria Vuletich Ms.
Victoria Vuletich Ms.
Although there are some moderate structural and procedural differences between the British and American legal systems, we share many core ethical principles. And though the ethical principles in these two systems are highly similar, the expression of those principles, and the goals they are designed to achieve, differ significantly. This article posits that the U.K. Solicitors Regulation Authority Code of Conduct, in general, better states the legal profession’s core ethical principles and is better designed to ensure the stated ethical outcomes of both systems.
The question of whether alternative business structures, as recently adopted in the U.K ...
Cross, Crucifix, Culture: An Approach To The Constitutional Meaning Of Confessional Symbols, Frederick Mark Gedicks, Pasquale Annicchino
Frederick Mark Gedicks
In the United States and Europe the constitutionality of government displays of confessional symbols depends on whether the symbols also have nonconfessional secular meaning (in the U.S.) or whether the confessional meaning is somehow absent (in Europe). Yet both the United States Supreme Court (USSCt) and the European Court of Human Rights (ECtHR) lack a workable approach to determining whether secular meaning is present or confessional meaning absent.
The problem is that the government can nearly always articulate a possible secular meaning for the confessional symbols that it uses, or argue that the confessional meaning is passive and ...
Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page
Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403
by Cathren Koehlert-Page
Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional.
In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend ...
Unfulfilled Promise: Mental Disability Voting Rights And The Halving Of Hava’S Potential, Benjamin O. Hoerner
Benjamin O Hoerner
In 2012, the heated presidential election between President Barack Obama and Mitt Romney reanimated the debate surrounding the voting rights of mentally disabled citizens in the United States. A decade earlier, in October 2002, President George W. Bush signed into law the Help America Vote Act of 2002 (HAVA), aiming to protect the voting rights of the country’s disabled population. At the time of its enactment, legislators and commentators lauded HAVA as “the most important voting rights bill since the passing of the Voting Rights Act in 1965.” However, since its passage, HAVA has been subjected to a flurry ...
Behavioral International Law, 2014 SelectedWorks
Behavioral International Law, Tomer Broude
Economic analysis and rational choice have in the last decade made significant inroads into the study of international law and institutions, relying upon standard assumptions of perfect rationality of states and decision-makers. This approach is inadequate, both empirically and in its tendency towards outdated formulations of political theory. This article presents an alternative behavioral approach that provides new hypotheses addressing problems in international law while introducing empirically grounded concepts of real, observed rationality. First, I address methodological objections to behavioral analysis of international law: the focus of behavioral research on the individual; the empirical foundations of behavioral economics; and behavioral ...
The Fearon Corollary: Private Property Rights As War, 2014 SelectedWorks
The Fearon Corollary: Private Property Rights As War, W. C. Bunting
W. C. Bunting
ABSTRACT: This Article models private property rights as a conflict resolution mechanism and shows that for the Coase Theorem to be consistent on its own terms, private property rights must generate the Pareto-optimal allocation of scarce resources among all feasible conflict resolution mechanisms. This conclusion is termed the Fearon Corollary. Equating the imposition of private property rights to conflict/war, the following question is considered: if pre-conflict common ownership is socially-optimal, under what conditions will disputing parties fail to bargain around the conflict? In addition to the explanations identified by Professor Fearon, the present article offers an additional behavioral explanation ...
Citizens United From A Historical Perspective: Corporate Person, Corporate Rights, And The Principle Of Confiscation, Paul Kens Dr.
Paul Kens Dr.
The Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission is often criticized for having declared that corporations are persons with the same constitutional rights as human beings. Using standard theories of the nature of the corporation as a guide, this paper traces the concept of corporate personhood from its mythical birth in the 1886 Santa Clara case. This historical perspective reveals that the Court has never settled on one theory of the nature of the corporation. Even after Citizens United the concept of corporate person remains little more than a metaphor or legal fiction.
A Theory Of Existence Of The Fourth Control Branch Of The Government: A Comparative Analysis, Gabriel Balayan
This paper is aimed to discuss factual existence of the fourth-independent branch of the government in the US, which could be titled as “Control Branch”. Despite the fact that it’s not constitutionally or statutorily recognized as a separate branch of the government, on the example of US Government Accountability Office and Inspector General Community, author proves the factual independence and place of this “branch” in a system of federal government, its role as an independent actor in a line with legislative, executive and judicial branches. Some examples of interaction among “four branches” are provided. Throughout the paper theoretic discussion ...
Two Dogmas Of Originalism, 2014 SelectedWorks
Two Dogmas Of Originalism, Ian C. Bartrum
Ian C Bartrum
In the early 1950s, Willlard Quine’s Two Dogmas of Empiricism offered a devastating critique of logical positivism and the effort to distinguish “science” from “metaphysics”. Quine demonstrated that positivists relied on dogmatic oversimplifications of both the world and human practices, and, in the end, suggested that our holistic natural experience cannot be reduced to purely logical explanations. In this piece, I argue that constitutional originalism—which, too, seeks to define a constitutional “science”—relies on similar dogmatisms. In particular, I contend that the “fixation thesis,” which claims that the constitutional judge’s first task is to fix the text ...
Bait And Switch: Why United States V. Morrison Is Wrong About Section Five, 2014 University of Pennsylvania Law School
Bait And Switch: Why United States V. Morrison Is Wrong About Section Five, Kermit Roosevelt Iii
As the title suggests, the article examines Morrison’s creation of the rule that the Section Five power cannot be used to regulate private individuals. This is one of the most meaningful and, thus far, durable constraints that the Court has placed on federal power. It is the more surprising, then, that it turns out to be based on essentially nothing at all. The Morrison Court asserted that its rule was derived by—indeed, “controlled by”—precedent, but a closer reading of the Reconstruction-era decisions it cites shows that this is simply not the case. An independent evaluation of the ...
The Utopian Promise Of Private Law, 2014 BLR
The Utopian Promise Of Private Law, Hanoch Dagan
Tel Aviv University Law Faculty Papers
This Essay uses Robert Nozick’s Anarchy, State, and Utopia as a springboard for examining the relationship between private law and the basic structure of society. Such an inquiry may seem odd, given that this book stands for a libertarian credo that questions the idea of such a normative structure in the first place. And yet, I hope to show that this is still a worthwhile pursuit because Nozick’s account of utopia as a framework for utopias captures a profound truth about private law.
His insight points to the normative underpinnings of private law, namely, to its irreducible role ...
The Eye Of The Beholder: Participation And Impact In Telecommunications (De)Regulation, Dorit R. Reiss
Dorit R. Reiss
The California Public Utilities Commission addressed both pricing deregulation and universal service in telecommunications during the last decade. Both decisions had a similar cast of characters, and similarly elaborate processes. In relation to price deregulation, the utilities positions were accepted on every issue addressed; in relation to universal service, consumer organizations’ positions were accepted in about 60% of the issues. This article tells the story of how those decisions were made, and examines the reasons for the difference in impact. The article examines and reject an explanation of capture; accepts in part a focus on the influence of the commissioner ...
Montes-Lopez V. Holder: Applying Eldridge To Ensure A Per Se Right To Counsel For Indigent Immigrants In Removal Proceedings, Soulmaz Taghavi
Part I of this Comment reviews the historical and current state of procedural due process and its role in Immigration Law, specifically removal proceedings. Part II extends certain legal arguments in the opinion of Montes-Lopez v. Holder, which held among divided federal Circuit Courts that an immigrant in removal proceedings has a statutory and constitutional right to appointed counsel. Last, Part III demonstrates how a non-citizen in deportation hearing has a per se right to counsel outlined by the Immigration and Nationality Act (INA) and brought to life by the Fifth Amendment’s due process clause.
The Recognition Of Indigenous Peoples’ Land: Application Of The Customary Land Rights Model On The Bedouin Case, Morad Elsana
This paper introduces new possibilities for the recognition of Bedouin land in Israel. It shows that the application of the prevalent methods of indigenous land recognition is possible in the Bedouin case, and it would bring legal recognition of Bedouin land rights.
The paper first presents the recognition of indigenous peoples land right in Canada, Australia, and other countries, while concentrating on the native title doctrine and the adoption of indigenous customary law. It shows how many colonial legal systems eventually discovered that their judicial systems included principles that recognize indigenous customary land rights. The application of such principles ...
Universalism And The Communal Claims Of The Self, 2014 SelectedWorks
Universalism And The Communal Claims Of The Self, Leon R. Calleja
Leon R Calleja
John Rawls famously characterized the relationship between autonomy, law, and a just society with the following slogan: “the self is prior to the ends which are affirmed by it.” This idea has been criticized as an inadequate account of values that individuals and communities most cherish in their own lives. In particular, Michael Sandel has critically referred to this as a neo-Kantian ideal rooted in an “unencumbered self,” one that fails to account for significant “obligations that … may claim us for reasons unrelated to a choice.” Sandel calls these “individual or communal claims.”
This paper argues that these communal claims ...
A Tale Of Two Maps: The Limits Of Universalism In Comparative Judicial Review, 2014 Osgoode Hall Law School of York University
A Tale Of Two Maps: The Limits Of Universalism In Comparative Judicial Review, Adam M. Dodek
Osgoode Hall Law Journal
For most of the twentieth century, the dominant paradigm in comparative public law was particularism. This was accompanied by a strong skepticism towards universalist features and possibilities in public law and, especially, constitutional law. With the rise of judicial review after World War I--and especially in Eastern Europe after the collapse of the Soviet Union--comparative judicial review has begun to flourish. However, comparative scholarship on judicial review overemphasizes the centrality of "the question of legitimacy" of judicial review in a democratic polity. This has been a result of the mistaken extrapolation of the American debate over judicial review to other ...