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Once Upon A Time There Was A Mountain Of Paper, Robert P. Zaepfel Jr. 2019 James Madison University

Once Upon A Time There Was A Mountain Of Paper, Robert P. Zaepfel Jr.

Showcase of Graduate Research and Creative Activities

Abstract

James Madison University and the Office of Human Resources recently faced a significant challenge in the arena of records management. As the department migrated to an electronic records management system a unique yet complicated situation arose from simultaneously storing unorganized boxes of duplicate paper records. This topic which was presented at the CUPA-HR (College and University Professional Association for Human Resources) Southern Regional Conference last April and again this year at the SHRM (Society for Human Resource Management) National Conference will focus on the importance of a strategic and analytical approach to electronic records management, paper removal, sensitive data ...


The New Housing Segregation: The Jim Crow Effects Of Crime-Free Housing Ordinances, Deborah N. Archer 2019 New York University School of Law

The New Housing Segregation: The Jim Crow Effects Of Crime-Free Housing Ordinances, Deborah N. Archer

Michigan Law Review

America is profoundly segregated along racial lines. We attend separate schools, live in separate neighborhoods, attend different churches, and shop at different stores. This rigid racial segregation results in social, economic, and resource inequality, with White communities of opportunity on the one hand and many communities of color without access to quality schools, jobs, transportation, or health care on the other. Many people view this as an unfortunate fact of life, or as a relic of legal systems long since overturned and beyond the reach of current legal process. But this is not true. On the contrary, the law continues ...


Improving Employer Accountability In A World Of Private Dispute Resolution, Hope Brinn 2019 University of Michigan Law School

Improving Employer Accountability In A World Of Private Dispute Resolution, Hope Brinn

Michigan Law Review

Private litigation is the primary enforcement mechanism for employment discrimination laws like Title VII, the Americans with Disabilities Act, and many related state statutes. But the expansion of extrajudicial dispute resolution—including both arbitration and prelitigation settlement agreements—has compromised this means of enforcement. This Note argues that state-enacted qui tam laws can revitalize the enforcement capacity of private litigation and provides a roadmap for enacting such legislation.


A Private Enforcement Remedy For Information Misuse, Peter C. Ormerod 2019 Western Carolina University

A Private Enforcement Remedy For Information Misuse, Peter C. Ormerod

Boston College Law Review

Misuse of users’ personally identifiable information is persistent and pervasive. This Article addresses two questions: why is information misuse so common and so severe and how could domestic law change to make it less so? I use a simple model to illustrate that companies externalize information misuse costs onto users, which has two related but distinct effects: chronic underinvestment in information security and excessive retention of user data. I then seize on this observation to propose a specific legal vehicle at the heart of this Article—a private enforcement remedy. This private enforcement remedy has four essential features. First, the ...


The Shareholder Approval Conundrum, Franklin A. Gevurtz 2019 University of the Pacific, McGeorge School of Law

The Shareholder Approval Conundrum, Franklin A. Gevurtz

Boston College Law Review

This Article explores the conundrum resulting from the fact that shareholders almost invariably vote to approve corporate mergers and sales by overwhelming margins, while, at the same time, most larger mergers and sales trigger multiple lawsuits by shareholders claiming that directors breached their fiduciary duty to get the best price for the shareholders. The conventional explanation for this phenomenon is that attorneys are bringing meritless claims. Reflecting this view, the Delaware Supreme Court, in its pivotal Corwin decision, declared that an informed and uncoerced shareholder vote in favor of a merger should lead courts to be dismissive of claims that ...


The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill 2019 Cleveland-Marshall College of Law, Cleveland State University

The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill

Kevin F. O'Neill

Lawyers seeking constitutional protection for reproductive rights have relied almost exclusively on a liberty/privacy theory under the Federal Constitution. In the wake of Planned Parenthood of Southeastern Pennsylvania v. Casey, this theory may be seen as providing a floor of minimum protection-preventing states from banning abortion outright. But it is not strong enough to prevent states from enacting restrictions on the availability of abortion. Thus, the battle over reproductive rights may be seen as shifting from one phase ("Can abortion be banned?") to another ("How far can states go in restricting access to abortion'?"). If proponents of reproductive freedom ...


State Net Neutrality, Daniel A. Lyons 2019 Boston College Law School

State Net Neutrality, Daniel A. Lyons

Daniel Lyons

For nearly a century, state regulators played an important role in telecommunications regulation. The 1934 Communications Act gave the Federal Communications Commission authority to regulate interstate telephone service, but explicitly left intrastate calls—which comprised 98% of Depression-era telephone traffic—to state public utility commissions. By the late 2000s, however, as landline telephony faded to obscurity, scholars and policymakers alike recognized that the era of comprehensive state telecommunications regulation had largely come to an end.

Perhaps surprisingly, however, the first years of the Trump Administration have seen a resurgence in state telecommunications regulation—driven not by state institutional concerns, but ...


Brief Of Amici Curiae 116 Law Librarians And 5 Law Library Organizations In Support Of Respondent, Georgia V. Public.Resource.Org, Inc., No. 18-1150 (U.S. Oct. 16, 2019), Michelle M. Wu 2019 Georgetown University Law Center

Brief Of Amici Curiae 116 Law Librarians And 5 Law Library Organizations In Support Of Respondent, Georgia V. Public.Resource.Org, Inc., No. 18-1150 (U.S. Oct. 16, 2019), Michelle M. Wu

U.S. Supreme Court Briefs

Due process and the rule of law require that the public has meaningful access to “the law.” Every major modern society since the Greeks has recognized the importance of this principle. Roscoe Pound, Theories of the Law, 22 Yale L.J. 114, 117 (1912).

In the United States, “the law” largely comes from appellate courts, legislatures, and administrative agencies who have been granted rule-making authority. As every first year law student learns, those law-making bodies have developed highly specific methods for communicating their pronouncements of law through official publications, such as the Official Code of Georgia Annotated (“OCGA”).

Those specific ...


Back To The Future: The Revival Of Pennoyer In Personal Jurisdiction Doctrine And The Demise Of International Shoe, Robert M. Bloom, Janine A. Hanrahan 2019 University of San Diego

Back To The Future: The Revival Of Pennoyer In Personal Jurisdiction Doctrine And The Demise Of International Shoe, Robert M. Bloom, Janine A. Hanrahan

San Diego Law Review

This Article argues that the Court’s recent decisions have effectively revived Pennoyer’s focus on physical presence and status, at the expense of the fairness and contact considerations set forth in International Shoe, as the bases for asserting personal jurisdiction. Part II details the jurisdictional analysis under both Pennoyer and International Shoe. Part III discusses the evolution of personal jurisdiction doctrine under International Shoe. Part IV demonstrates that the Court’s recent decisions have revitalized Pennoyer’s territorially based regime, and consequently diminished the thrust of International Shoe.


Why Congress Matters: The Collective Congress In The Structural Constitution, Neomi Rao 2019 University of Florida Levin College of Law

Why Congress Matters: The Collective Congress In The Structural Constitution, Neomi Rao

Florida Law Review

Congress currently operates in the shadow of the administrative state. This Article provides a modern reconsideration of why Congress still matters by examining the “collective Congress” within the text, structure, and history of the Constitution. Like the unitary executive, the collective Congress is a structural feature of the Constitution’s separation of powers. With deep roots in political theory, the Framers created a representative and collective legislature that would provide a legitimate mechanism for bringing together the nation’s diverse interests to most effectively pursue the common good. To fully realize the benefits of collective lawmaking, the Constitution insists on ...


The State Of Texas Recognizes The 50th Anniversary Of The St. Mary’S Law Journal, Greg Abbott 2019 Office of the Texas Governor

The State Of Texas Recognizes The 50th Anniversary Of The St. Mary’S Law Journal, Greg Abbott

St. Mary's Law Journal

The Honorable Greg Abbott, Governor of the State of Texas, issued a certificate in 2019 recognizing the 50th Anniversary of the St. Mary's Law Journal and their contribution to the legal profession.


Not Everybody Loves Raymond: How The Case Of Raymond V. Raymond Made A Shambles Of Interspousal Gift Presumptions And The Parol Evidence Rule In Matters Of Texas Community Property, Pamela E. George 2019 South Texas College of Law Houston

Not Everybody Loves Raymond: How The Case Of Raymond V. Raymond Made A Shambles Of Interspousal Gift Presumptions And The Parol Evidence Rule In Matters Of Texas Community Property, Pamela E. George

St. Mary's Law Journal

Abstract forthcoming


Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman 2019 St. Mary's School of Law

Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman

St. Mary's Law Journal

Abstract forthcoming


Challenging Voting Rights And Political Participation In State Courts, Irving Joyner 2019 North Carolina Central University

Challenging Voting Rights And Political Participation In State Courts, Irving Joyner

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Texas, The Death Penalty, And Intellectual Disability, Megan Green 2019 St. Mary's University School of Law

Texas, The Death Penalty, And Intellectual Disability, Megan Green

St. Mary's Law Journal

Abstract forthcoming


Superseding Money Judgments In Texas: Four Proposed Reforms To Help The Business Litigant And To Further Improve The Texas Civil Justice System, James Holmes 2019 Holmes PLLC

Superseding Money Judgments In Texas: Four Proposed Reforms To Help The Business Litigant And To Further Improve The Texas Civil Justice System, James Holmes

St. Mary's Law Journal

Article is in draft form. Abstract forthcoming.


10th Annual Pegalis Law Group Health Law Colloquium, New York Law School 2019 New York Law School

10th Annual Pegalis Law Group Health Law Colloquium, New York Law School

Health Law Society Publications

Federalism, ERISA, and State Single-Payer Health Care. How to Make Sense of Future Legislation and the Impact on Population Health

(CLE Presentation on Oct. 24th 2019)

Moderator:

Adam S. Herbst, Esq., Senior Vice President, Chief Legal and Strategic Planning Officer of Blythedale’s Children Hospital; Adjunct Professor at New York Law School teaching Health Law and Policy; Co-director of the NYLS Health Law and Patient Safety Project; Lecturer, Mailman School of Public Health at Columbia University

Panelists:

Honorable Richard N. Gottfried, New York State Assembly (District 75) & Chairman of the Assembly's Committee on Health and Sponsor of the New ...


Re(Writing) The Rules Of The Road: Reflections From The Journal Of Law And Mobility's 2019 Conference, Raphael Beauregard-Lacroix 2019 University of Michigan Law School

Re(Writing) The Rules Of The Road: Reflections From The Journal Of Law And Mobility's 2019 Conference, Raphael Beauregard-Lacroix

Journal of Law and Mobility

On March 15th, 2019, the Journal of Law and Mobility, part of the University of Michigan’s Law and Mobility Program, presented its inaugural conference, entitled “(Re)Writing the Rules of The Road.” The conference was focused on issues surrounding the relationship between automated vehicles (“AVs”) and the law. In the afternoon, two panels of experts from academia, government, industry, and civil society were brought together to discuss how traffic laws should apply to automated driving and the legal person (if any) who should be responsible for traffic law violations. The afternoon’s events occurred under a modified version of ...


State Net Neutrality, Daniel A. Lyons 2019 Boston College Law School

State Net Neutrality, Daniel A. Lyons

Boston College Law School Faculty Papers

For nearly a century, state regulators played an important role in telecommunications regulation. The 1934 Communications Act gave the Federal Communications Commission authority to regulate interstate telephone service, but explicitly left intrastate calls—which comprised 98% of Depression-era telephone traffic—to state public utility commissions. By the late 2000s, however, as landline telephony faded to obscurity, scholars and policymakers alike recognized that the era of comprehensive state telecommunications regulation had largely come to an end.

Perhaps surprisingly, however, the first years of the Trump Administration have seen a resurgence in state telecommunications regulation—driven not by state institutional concerns, but ...


When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen Pita Loor 2019 Boston University School of Law

When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen Pita Loor

Faculty Scholarship

The President’s use of emergency authority has recently ignited concern among civil rights groups over national executive emergency power. However, state and local emergency authority can also be dangerous and deserves similar attention. This article demonstrates that, just as we watch over the national executive, we must be wary of and check on state and local executives — and their emergency management law enforcement actors — when they react in crisis mode. This paper exposes and critiques state executives’ use of emergency power and emergency management mechanisms to suppress grassroots political activity and suggests avenues to counter that abuse. I choose ...


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