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Articles 8191 - 8220 of 25435
Full-Text Articles in Entire DC Network
Can Corpus Linguistics Help Make Originalism Scientific, Lawrence Solan
Can Corpus Linguistics Help Make Originalism Scientific, Lawrence Solan
Faculty Scholarship
No abstract provided.
Is The Constitution Special?, Nelson Tebbe, Christopher Serkin
Is The Constitution Special?, Nelson Tebbe, Christopher Serkin
Faculty Scholarship
No abstract provided.
First Amendment Freeze Play: Bennett's Strategy For Entrenching Inequality, Frank Pasquale
First Amendment Freeze Play: Bennett's Strategy For Entrenching Inequality, Frank Pasquale
Faculty Scholarship
No abstract provided.
Shareholder Proposal Settlements And The Private Ordering Of Public Elections, Sarah Haan
Shareholder Proposal Settlements And The Private Ordering Of Public Elections, Sarah Haan
Faculty Scholarship
No abstract provided.
The Risks Of Clouded Property Title For Cannabis Business Owners, Investors, And Creditors, Sean O'Connor
The Risks Of Clouded Property Title For Cannabis Business Owners, Investors, And Creditors, Sean O'Connor
Faculty Scholarship
No abstract provided.
The Reciprocal Of Macpherson V. Buick Motor Company, Anita Bernstein
The Reciprocal Of Macpherson V. Buick Motor Company, Anita Bernstein
Faculty Scholarship
No abstract provided.
Bakke To The Future: Affirmative Action After Fisher, Yuvraj Joshi
Bakke To The Future: Affirmative Action After Fisher, Yuvraj Joshi
Faculty Scholarship
No abstract provided.
The Present Of Newsworthiness, Amy Gajda
Ev'ry American Experiment Sets A Precedent: Why One Florida State Court's Bitcoin Opinion Is Everyone's Business, Meg Holzer, Allison Caffarone
Ev'ry American Experiment Sets A Precedent: Why One Florida State Court's Bitcoin Opinion Is Everyone's Business, Meg Holzer, Allison Caffarone
Faculty Scholarship
No abstract provided.
Truth And Legitimacy (In Courts), Kenneth S. Klein
Truth And Legitimacy (In Courts), Kenneth S. Klein
Faculty Scholarship
This Article draws upon empirical and theoretical scholarship from philosophy, economics, social science, psychology, political science, ethics, and jurisprudence, in addition to more traditional legal sources such as Supreme Court decisions, to develop an articulation of the meaning, role, and importance of truth in courts. It is frequently articulated that trials are a search for truth. But as insiders to the judicial system know, if this is so then it is a meaning of truth that differs what truth means in any other context. And exposing this definitional dissonance in turn exposes that the legitimacy of the courts rests on …
Fiduciary-Isms: A Study Of Academic Influence On The Expansion Of The Law, Daniel B. Yeager
Fiduciary-Isms: A Study Of Academic Influence On The Expansion Of The Law, Daniel B. Yeager
Faculty Scholarship
Fiduciary law aspires to nullify power imbalances by obligating strong parties to give themselves over to servient parties. For example, due to profound imbalances of legal know-how, lawyers must as fiduciaries pursue their clients’ interests, not their own, lest clients get lost in the competitive shuffle. As a peculiar hybrid of status and contract relations, politics and law, compassion and capitalism, fiduciary law is very much in vogue in academic circles. As vogue as it is, there remains room for my “Fiduciary-isms...”, a meditation on the expansion of fiduciary law from its origins in the law of trusts through partnerships, …
Toward A Civilized System Of Justice: Reconceptualizing The Response To Sexual Violence In Higher Education, Hannah Brenner, Kathleen Darcy
Toward A Civilized System Of Justice: Reconceptualizing The Response To Sexual Violence In Higher Education, Hannah Brenner, Kathleen Darcy
Faculty Scholarship
The reporting, investigation, and prevention of sexual violence in settings that are closed off from the greater community and subject to their own laws, rules, norms and biases present special challenges for survivors of sexual violence. This essay builds on our existing scholarship that explores the pervasive problem and exceedingly high incidence of sexual violence perpetrated against women in closed institutional systems like prison, the military, and immigration detention centers. Survivors in these contexts are routinely denied access to justice internally and from the external criminal justice system; they also face major limitations (imposed by both federal law and Supreme …
The Bumpiness Of Criminal Law, Adam Kolber
Madonnas And Whores In The Workplace, Jessica K. Fink
Madonnas And Whores In The Workplace, Jessica K. Fink
Faculty Scholarship
Much has been written about “lookism” – the preferential treatment given to those who conform to societal standards of beauty. But in a recent case before the Iowa Supreme Court, a gender discrimination plaintiff alleged a sort of “reverse-lookism,” claiming that her male employer terminated her long-term employment because the employee was too physically attractive, thus tempting the employer to think about entering into an extramarital affair. To the great surprise of many who followed this case, the Iowa Supreme Court sided with the employer, declining to find him liable for gender discrimination. As one might expect, uproar ensued, with …
Bars To Justice: The Impact Of Rape Myths On Women In Prison, Hannah Brenner, Kathleen Darcy, Gina Fedock, Sheryl Kubiak
Bars To Justice: The Impact Of Rape Myths On Women In Prison, Hannah Brenner, Kathleen Darcy, Gina Fedock, Sheryl Kubiak
Faculty Scholarship
This article stems from a National Science Foundation-funded interdisciplinary research project that addresses a major gap in understanding the reporting of sexual victimization in prison and the confluence of factors that contribute to the ineffectiveness of internal laws and policies. As a basis of this work, our cohort of scholars in law, social work, and psychology utilized data and personal narratives from the groundbreaking class action lawsuit, Neal v. MDOC, brought on behalf of over 800 female inmates against the State of Michigan. In this article, we identify the most prevalent rape myths we observed from women who were involved …
Liberty At The Borders Of Private Law, Donald J. Smythe
Liberty At The Borders Of Private Law, Donald J. Smythe
Faculty Scholarship
No abstract provided.
Unbent Science, Peter L. Strauss
Unbent Science, Peter L. Strauss
Faculty Scholarship
A fraught area in recent times has been the unwillingness of the political executive to accept scientific findings generated in the civil service or in the academy in the face of controversy over regulatory matters on which they bear. Issues about “bending science” became particularly acute during the second Bush presidency, when political refusals to accept scientific findings and political controls over the manner in which some scientific issues were addressed disheartened the civil service, produced strident objections from the science community, and made restoring the integrity of governmental science both a campaign issue for candidate Obama and a pursuit …
The Underground Rulification Of The Ordinary Business Operations Exclusion, Reilly S. Steel
The Underground Rulification Of The Ordinary Business Operations Exclusion, Reilly S. Steel
Faculty Scholarship
In its landmark Cracker Barrel no-action letter, the SEC staff announced a bright-line rule permitting exclusion of any shareholder proposal pertaining to a company’s management of its general workforce, even if focused on a significant social policy issue such as employment discrimination, under the “ordinary business operations” exclusion. The SEC reversed Cracker Barrel in 1998, returning to a case-specific approach to determining whether proposals fall under the exclusion. This Note examines 250 no-action letters from the 2015 proxy season and finds evidence indicating that the staff has, contrary to official SEC policy, returned to a rule-like approach to the ordinary …
Recurring Issues In Indian Gaming Compact Approval, Kevin Washburn
Recurring Issues In Indian Gaming Compact Approval, Kevin Washburn
Faculty Scholarship
Achieving agreement between a state and a tribe, and then achieving ratification of that agreement through state and tribal legislative processes, are challenging endeavors. Failing to account for the need for federal approval can undermine the entire negotiation process. The purpose of this article is to highlight several recurring problem areas that can place compact approval at risk. These include the requirement in IGRA that a compact avoid issues that are not germane to gaming,that the compact avoid regulating Class II gaming,which is beyond state authority, and the requirementthat the state avoid expanding its reach over ancillary services and spaces …
Inviting Everyone To The (Risk) Pool Party: Reforming The Premium Tax Credit To Boost Participation, Mary Leto Pareja
Inviting Everyone To The (Risk) Pool Party: Reforming The Premium Tax Credit To Boost Participation, Mary Leto Pareja
Faculty Scholarship
The year 2014 marked the first opportunity for American taxpayers to receive subsidized health insurance through the Affordable Care Act’s (“ACA”) new Premium Tax Credit (“PTC”). About 4.8 million people enrolled in an ACA plan in 2014 were eligible, and nearly 97% of these claimants were approved for advance payments of the PTC. The year 2015 marked the first tax return where taxpayers received the unpleasant surprise that they must repay excess credits due to reconciliation. Advance PTC estimates turned out to be highly inaccurate, with only 8% of claimants receiving accurate advance payments. A majority, 51%, had to repay …
The Concept Of The Speech Platform: Walker V. Texas Division, Abner S. Greene
The Concept Of The Speech Platform: Walker V. Texas Division, Abner S. Greene
Faculty Scholarship
In Walker, the Court deemed Texas’ specialty license plate program government speech, and thus applied no First Amendment review to the state’s refusal to allow a Confederate battle flag specialty plate, even though the reason for the refusal was that the plate was offensive. The dissent considered this unconstitutional viewpoint discrimination in a limited public forum. This article argues that the Walker result was correct, but for the wrong reason. Government should have the power to forbid hateful or vulgar speech from limited public forums such as specialty or vanity license plates, transit ads, and after-school extracurricular activities, even though …
Housing Crisis Leaves Lasting Imprint On Children In Cleveland, Claudia J. Coulton, Robert L. Fischer, Francisca García Cobián Richter, Youngmin Cho
Housing Crisis Leaves Lasting Imprint On Children In Cleveland, Claudia J. Coulton, Robert L. Fischer, Francisca García Cobián Richter, Youngmin Cho
Faculty Scholarship
Study finds link between poor housing conditions and kindergarten readiness. Over time, living in substandard housing conditions leads to lower literacy scores for children entering kindergarten. Living in a home that is owned by a speculator, is tax delinquent, or is in foreclosure contributes to lower literacy scores among children entering kindergarten. Living within 500 feet of distressed properties lowers literacy scores among kindergarteners; living in homes farther away (up to 1500 feet) has a smaller, though still negative, effect. Living in a distressed home (either in poor condition or in foreclosure) is associated with a higher risk for child …
Foreign Investors In U.S. Mutual Funds: The Trouble With Treaties, Jeffrey M. Colon
Foreign Investors In U.S. Mutual Funds: The Trouble With Treaties, Jeffrey M. Colon
Faculty Scholarship
The United States is generally a tax haven for foreign portfolio investors: the United States exempts from tax most U.S. source interest and capital gains, but taxes dividends from U.S. companies; tax treaties generally eliminate U.S. tax on interest and reduce the 30% statutory rate on dividends. Foreign investors in U.S. mutual funds have not been treated as favorably. Fund distributions (other than of net capital gains) were originally treated as taxable dividends, regardless of the fund’s underlying income. Interest or short-term capital gains earned by the mutual fund — which would have been tax exempt if directly earned by …
Candor In Criminal Advocacy, Bruce A. Green
Disciplinary Regulation Of Prosecutors As A Remedy For Abuses Of Prosecutorial Discretion: A Descriptive And Normative Analysis, Bruce A. Green, Samuel J. Levine
Disciplinary Regulation Of Prosecutors As A Remedy For Abuses Of Prosecutorial Discretion: A Descriptive And Normative Analysis, Bruce A. Green, Samuel J. Levine
Faculty Scholarship
No abstract provided.
The Complicated Economics Of Prison Reform, John F. Pfaff
The Complicated Economics Of Prison Reform, John F. Pfaff
Faculty Scholarship
No abstract provided.
The Monsanto Lecture: Online Defamation, Legal Concepts, And The Good Samaritan, Benjamin C. Zipursky
The Monsanto Lecture: Online Defamation, Legal Concepts, And The Good Samaritan, Benjamin C. Zipursky
Faculty Scholarship
No abstract provided.
Adding A Little Gold To The Golden Years: Should The European Union Prohibit Compulsory Retirement As Aged-Based Discrimination In Employment?, Roger J. Goebel
Adding A Little Gold To The Golden Years: Should The European Union Prohibit Compulsory Retirement As Aged-Based Discrimination In Employment?, Roger J. Goebel
Faculty Scholarship
On October 2, 1997, the Member States of the European Union signed the Treaty of Amsterdam which amended the European Community Treaty (ECT). Among the Amsterdam Treaty's most important new provisions was ECT Article 13, which authorized the Council of Ministers, acting unanimously, to "take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief disability, age or sexual orientation." The Council acted with surprising rapidity to adopt Directive 2000/78, which prohibits discrimination in employment on all the listed bases (except for "racial or ethnic origin, " which is covered by Directive 2000/43). Since December …
Gender Indicators As Global Governance: Not Your Father's World Bank, Catherine Powell
Gender Indicators As Global Governance: Not Your Father's World Bank, Catherine Powell
Faculty Scholarship
No abstract provided.
How Corporate Governance Is Made: The Case Of The Golden Leash, Matthew D. Cain Ph.D., Jill E. Fisch, Sean J. Griffith, Steven D. Solomon
How Corporate Governance Is Made: The Case Of The Golden Leash, Matthew D. Cain Ph.D., Jill E. Fisch, Sean J. Griffith, Steven D. Solomon
Faculty Scholarship
This Article presents a case study of a corporate governance innovation — the incentive compensation arrangement for activist-nominated director candidates colloquially known as the “golden leash.” Golden leash compensation arrangements are a potentially valuable tool for activist shareholders in election contests. In response to their use, several issuers adopted bylaw provisions banning incentive compensation arrangements. Investors, in turn, viewed director adoption of golden leash bylaws as problematic and successfully pressured issuers to repeal them. The study demonstrates how corporate governance provisions are developed and deployed, the sequential response of issuers and investors, and the central role played by governance intermediaries …