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Articles 6661 - 6690 of 25434
Full-Text Articles in Entire DC Network
A Taxonomy For Tax Loopholes, Heather M. Field
A Taxonomy For Tax Loopholes, Heather M. Field
Faculty Scholarship
No abstract provided.
Should The Rules Committees Have An Advocacy Role?, Scott Dodson
Should The Rules Committees Have An Advocacy Role?, Scott Dodson
Faculty Scholarship
No abstract provided.
Personal Jurisdiction And Aggregation, Scott Dodson
Personal Jurisdiction And Aggregation, Scott Dodson
Faculty Scholarship
No abstract provided.
Defending Jurisdiction, Scott Dodson
Personal Jurisdiction And Aliens, Scott Dodson, William S. Dodge
Personal Jurisdiction And Aliens, Scott Dodson, William S. Dodge
Faculty Scholarship
No abstract provided.
Comparative Law, Geopolitics, And The Conflict In Palestine: Disciplined Disengagement And The Commons Solution, Ugo Mattei
Faculty Scholarship
No abstract provided.
Regulating In The Era Of Fake News: Anti-Vaccine Activists Respond To The Cdc Quarantine Rule, Dorit Rubinstein Reiss
Regulating In The Era Of Fake News: Anti-Vaccine Activists Respond To The Cdc Quarantine Rule, Dorit Rubinstein Reiss
Faculty Scholarship
No abstract provided.
Monetizing Shame: Mugshots, Privacy, And The Right To Access, Eumi K. Lee
Monetizing Shame: Mugshots, Privacy, And The Right To Access, Eumi K. Lee
Faculty Scholarship
No abstract provided.
What Drives Bankruptcy Forum Shopping? Evidence From Market Data, Jared A. Ellias
What Drives Bankruptcy Forum Shopping? Evidence From Market Data, Jared A. Ellias
Faculty Scholarship
No abstract provided.
Jurisdiction In The Trump Era, Scott Dodson
Are U.S. Public Lands Unconstitutional?, John D. Leshy
Are U.S. Public Lands Unconstitutional?, John D. Leshy
Faculty Scholarship
No abstract provided.
Intellectual Disability, The Death Penalty, And Jurors, David L. Faigman, Emily V. Shaw, Nicholas Scurich
Intellectual Disability, The Death Penalty, And Jurors, David L. Faigman, Emily V. Shaw, Nicholas Scurich
Faculty Scholarship
No abstract provided.
Association Of Legal Intervention Injuries With Race And Ethnicity Among Patients Treated In Emergency Departments In California, Aaron J. Rappaport, Alyssa C. Mooney, Shannon Mcconville, Renee Y. Hsia
Association Of Legal Intervention Injuries With Race And Ethnicity Among Patients Treated In Emergency Departments In California, Aaron J. Rappaport, Alyssa C. Mooney, Shannon Mcconville, Renee Y. Hsia
Faculty Scholarship
No abstract provided.
On Love And Lawyering: A Celebration Of The East Bay Community Law Center, Seema N. Patel
On Love And Lawyering: A Celebration Of The East Bay Community Law Center, Seema N. Patel
Faculty Scholarship
No abstract provided.
A Voice Of Their Own: Youth-Centered Representation At Ebclc, Kate Weisburd
A Voice Of Their Own: Youth-Centered Representation At Ebclc, Kate Weisburd
Faculty Scholarship
No abstract provided.
The Supreme Court's Regulatory Takings Doctrine And The Perils Of Common Law Constitutionalism, Thomas W. Merrill
The Supreme Court's Regulatory Takings Doctrine And The Perils Of Common Law Constitutionalism, Thomas W. Merrill
Faculty Scholarship
My objective in this lecture is to take seriously the observation that constitutional law in the United States, as expounded by its Supreme Court, bears far more resemblance to common law than to textual interpretation. We live under a written Constitution. But the main body of that Constitution, including the first ten amendments we call the Bill of Rights, is very old, having been adopted nearly 230 years ago. As time marches on, judicial interpretations of this venerable text have piled up. Constitutional disputes today are almost always resolved by the courts applying this growing body of precedent. Constitutional law …
How Well Do We Treat Each Other In Contract?, Aditi Bagchi
How Well Do We Treat Each Other In Contract?, Aditi Bagchi
Faculty Scholarship
One of the important contributions of Nathan Oman’s new book is to draw focus onto the quality of the relationships enabled by contract. He claims that contract, by supporting markets, cultivates certain virtues; helps facilitate cooperation among people with diverse commitments; and produces the wealth that may fuel interpersonal and social justice. These claims are all plausible, though subject to individual challenge. However, there is an alternative story to tell about the kinds of relationships that arise from markets i.e., a story about domination. The experience of domination is driven in part by the necessity, inequality, and competition enjoined by …
Learning To Live With Judicial Partisanship: A Response To Cassandra Burke Robertson, Bruce A. Green, Rebecca Roiphe
Learning To Live With Judicial Partisanship: A Response To Cassandra Burke Robertson, Bruce A. Green, Rebecca Roiphe
Faculty Scholarship
No abstract provided.
End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright
End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright
Faculty Scholarship
Autonomy is a central principle in many areas of health law. In the case of end-of-life decision-making law and policy, however, the principle of autonomy requires revision. On the whole, law conceptualizes autonomy at the end of life as an individual making private, personal decisions based solely on their interests and values, and independent of others. But ordinary people understand autonomous decisionmaking at the end of life differently, in a way that acknowledges the importance of their interpersonal relationships. Social science research has documented that strengthening relationships with others, sharing responsibility in the decision-making process with healthcare providers, and taking …
The Fiduciary Principle Of Insider Trading Needs Revision, Roberta S. Karmel
The Fiduciary Principle Of Insider Trading Needs Revision, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Public Requitals: Corrective, Retributive, And Distributive Justice, Bailey Kuklin
Public Requitals: Corrective, Retributive, And Distributive Justice, Bailey Kuklin
Faculty Scholarship
No abstract provided.
Special Issue: Athlete Activism And Sports Social Responsibility, Jodi Balsam, Arthur Miller
Special Issue: Athlete Activism And Sports Social Responsibility, Jodi Balsam, Arthur Miller
Faculty Scholarship
No abstract provided.
Group Homes As Sex Police And The Role Of The Olmstead Integration Mandate, Natalie Chin
Group Homes As Sex Police And The Role Of The Olmstead Integration Mandate, Natalie Chin
Faculty Scholarship
No abstract provided.
Infrastructural Regulation And The New Utilities, K. Sabeel Rahman
Infrastructural Regulation And The New Utilities, K. Sabeel Rahman
Faculty Scholarship
No abstract provided.
Effect Of Irs Nonacquiesence On Tax Planning And Reporting, Bradley T. Borden
Effect Of Irs Nonacquiesence On Tax Planning And Reporting, Bradley T. Borden
Faculty Scholarship
No abstract provided.
Distilling Fear, Heidi K. Brown
Prosecution Of Child Pornography—The One-Eyed Judge By Michael A. Ponsor: A Book Review, Beth Cohen, Pat Newcombe
Prosecution Of Child Pornography—The One-Eyed Judge By Michael A. Ponsor: A Book Review, Beth Cohen, Pat Newcombe
Faculty Scholarship
The safeguarding and protection of children in society is crucial. Yet, children remain a vulnerable population; they are abused, neglected, trafficked, and exploited in numerous ways. In his new book, The One-Eyed Judge, Michael Ponsor, Senior United States District Court Judge for the District of Massachusetts, Western Division, who has presided over numerous child pornography cases, explores the complexities and legal implications of child pornography and exploitation.
Twenty Years Of Web Scraping And The Computer Fraud And Abuse Act, Andrew Sellars
Twenty Years Of Web Scraping And The Computer Fraud And Abuse Act, Andrew Sellars
Faculty Scholarship
"Web scraping" is a ubiquitous technique for extracting data from the World Wide Web, done through a computer script that will send tailored queries to websites to retrieve specific pieces of content. The technique has proliferated under the ever-expanding shadow of the Computer Fraud and Abuse Act (CFAA), which, among other things, prohibits obtaining information from a computer by accessing the computer without authorization or exceeding one's authorized access.
Unsurprisingly, many litigants have now turned to the CFAA in attempt to police against unwanted web scraping. Yet despite the rise in both web scraping and lawsuits about web scraping, practical …
Representative/Senator Trump?, Gary S. Lawson
Representative/Senator Trump?, Gary S. Lawson
Faculty Scholarship
The American presidency is a much more powerful office in 2017 than was contemplated by the Constitution of 1788. In large measure, that is because Congress has unconstitutionally subdelegated many of its legislative powers to the President. The President thus effectively functions as the Congress to a significant degree, which not only perverts the constitutional structure but also significantly raises the stakes of presidential elections. There is no good reason to expect Congress or the courts to stem the tide of subdelegation. Presidents, however, have a number of tools available to resist, and even reverse, that tide. While there is …
Four Principles For Digital Expression (You Won't Believe #3!), Danielle K. Citron, Neil Richards
Four Principles For Digital Expression (You Won't Believe #3!), Danielle K. Citron, Neil Richards
Faculty Scholarship
At the dawn of the Internet’s emergence, the Supreme Court rhapsodized about its potential as a tool for free expression and political liberation. In ACLU v. Reno (1997), the Supreme Court adopted a bold vision of Internet expression to strike down a federal law - the Communications Decency Act - that restricted digital expression to forms that were merely “decent.” Far more than the printing press, the Court explained, the mid-90s Internet enabled anyone to become a town crier. Communication no longer required the permission of powerful entities. With a network connection, the powerless had as much luck reaching a …