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Articles 9661 - 9690 of 25453
Full-Text Articles in Entire DC Network
Promoting Innovation While Preventing Discrimination: Policy Goals For The Scored Society, Frank A. Pasquale, Danielle Keats Citron
Promoting Innovation While Preventing Discrimination: Policy Goals For The Scored Society, Frank A. Pasquale, Danielle Keats Citron
Faculty Scholarship
There are several normative theories of jurisprudence supporting our critique of the scored society, which complement the social theory and political economy presented in our 2014 article on that topic in the Washington Law Review. This response to Professor Tal Zarsky clarifies our antidiscrimination argument while showing that is only one of many bases for the critique of scoring practices. The concerns raised by Big Data may exceed the capacity of extant legal doctrines. Addressing the potential injustice may require the hard work of legal reform.
The Internal Revenue Service And A Crisis Of Confidence: A New Regulatory Approach For A New Era, Donald B. Tobin
The Internal Revenue Service And A Crisis Of Confidence: A New Regulatory Approach For A New Era, Donald B. Tobin
Faculty Scholarship
The Internal Revenue Service is not usually thought of as the agency charged with enforcing the nation’s campaign finance laws. It has found itself, however, at the center of a firestorm over both its involvement and its ineptitude in enforcing certain rules that regulate the campaign activities of tax-exempt organizations. For historical, legal, and practical reasons, the Internal Revenue Code regulates the political activity of tax-exempt groups, in some instances providing for disclosure of campaign donors and expenditures, and in other instances limiting the amount of political activity engaged in by tax-exempt organizations. As campaigns become more sophisticated and complicated, …
Unexpected Links Between Baby Markets And Intergenerational Justice, Martha M. Ertman
Unexpected Links Between Baby Markets And Intergenerational Justice, Martha M. Ertman
Faculty Scholarship
Intergenerational justice does not require increased government regulation of reproductive technologies in the United States. Arguments tarring reproductive technologies as unnatural or immoral fail to withstand close scrutiny, and moreover ignore competing moral concerns like the liberty and equality of people to form families in different ways, as well as the interests of children born via assisted reproduction in having their families recognized just as coitally conceived children’s families are recognized. Embryo markets, in contrast, might present different challenges, requiring a separate analysis of their potential impact on intergenerational justice.
Perspectives On Outpatient Commitment, Richard C. Boldt
Perspectives On Outpatient Commitment, Richard C. Boldt
Faculty Scholarship
No abstract provided.
Protecting Health Privacy In An Era Of Big Data Processing And Cloud Computing, Frank A. Pasquale, Tara Adams Ragone
Protecting Health Privacy In An Era Of Big Data Processing And Cloud Computing, Frank A. Pasquale, Tara Adams Ragone
Faculty Scholarship
This Article examines how new technologies generate privacy challenges for both healthcare providers and patients, and how American health privacy laws may be interpreted or amended to address these challenges. Given the current implementation of Meaningful Use rules for health information technology and the Omnibus HIPAA Rule in health care generally, the stage is now set for a distinctive law of “health information” to emerge. HIPAA has come of age of late, with more aggressive enforcement efforts targeting wayward healthcare providers and entities. Nevertheless, more needs to be done to assure that health privacy and all the values it is …
Immunity Or Regulation?: Antinomies Of Religious Freedom, Peter G. Danchin, Saba Mahmood
Immunity Or Regulation?: Antinomies Of Religious Freedom, Peter G. Danchin, Saba Mahmood
Faculty Scholarship
No abstract provided.
Politics Of Religious Freedom: Contested Genealogies, Peter G. Danchin, Saba Mahmood
Politics Of Religious Freedom: Contested Genealogies, Peter G. Danchin, Saba Mahmood
Faculty Scholarship
No abstract provided.
The Status Gap: Female Faculty In The Legal Academy, Paula A. Monopoli
The Status Gap: Female Faculty In The Legal Academy, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
On The Ninth Circuit's New Definition Of Piracy: Japanese Whalers V. The Sea Shepherd-Who Are The Real "Pirates" (I.E. Plunderers)?, Barry H. Dubner, Claudia Pastorius
On The Ninth Circuit's New Definition Of Piracy: Japanese Whalers V. The Sea Shepherd-Who Are The Real "Pirates" (I.E. Plunderers)?, Barry H. Dubner, Claudia Pastorius
Faculty Scholarship
No abstract provided.
One Small Step For Legal Writing, One Giant Leap For Legal Education: Making The Case For More Writing Opportunities In The "Practice-Ready" Law School Curriculum, Sherri Lee Keene
One Small Step For Legal Writing, One Giant Leap For Legal Education: Making The Case For More Writing Opportunities In The "Practice-Ready" Law School Curriculum, Sherri Lee Keene
Faculty Scholarship
Legal writing is more than an isolated practical skill or a law school course; it is a valuable tool for broadening and deepening law students’ and new attorneys’ knowledge and understanding of the law. If experienced legal professionals, both professors and practitioners alike, take a hard look back at their careers, many will no doubt remember how their work on significant legal writing projects advanced their own knowledge of the law and enhanced their professional competence. Legal writing practice helps the writer to gain expertise in a number of ways: first, the act of writing itself promotes learning; second, close …
The Emergence Of New Corporate Social Responsibility Regimes In China And India, Shruti Rana, Afra Afsharipour
The Emergence Of New Corporate Social Responsibility Regimes In China And India, Shruti Rana, Afra Afsharipour
Faculty Scholarship
In an era of financial crises, widening income disparities, and environmental and other calamities linked to corporations, calls for greater corporate social responsibility (“CSR”) are increasing rapidly around the world. Though CSR efforts have generally been viewed as voluntary actions undertaken by corporations, a new CSR model is emerging in China and India. In a marked departure from CSR as it is known in the United States and as it has been developing through global norms, China and India are moving towards mandatory, not voluntary, CSR regimes. They are doing so not only in a time of great global economic …
Probiotics: Achieving A Better Regulatory Fit, Diane E. Hoffmann, Claire M. Fraser, Francis Palumbo, Jacques Ravel, Virginia Rowthorn, Jack Schwartz
Probiotics: Achieving A Better Regulatory Fit, Diane E. Hoffmann, Claire M. Fraser, Francis Palumbo, Jacques Ravel, Virginia Rowthorn, Jack Schwartz
Faculty Scholarship
In 2007, the National Institutes of Health (NIH) launched the Human Microbiome Project (HMP), a $150 million initiative to characterize the microbial communities found at several different sites on the human body and to analyze the role of these microbes in human health and disease. Many lines of research have demonstrated the significant role of the microbiota in human physiology. The microbiota is involved, for example, in the healthy development of the immune system, prevention of infection from pathogenic or opportunistic microbes, and maintenance of intestinal barrier function. The HMP findings are helping us understand the role and variation of …
A Christian On Listening With Jewish Ears And Hearing With The Heart Of God, Randy Lee
A Christian On Listening With Jewish Ears And Hearing With The Heart Of God, Randy Lee
Faculty Scholarship
No abstract provided.
Infusing Technology Skills Into The Law School Curriculum, Simon Canick
Infusing Technology Skills Into The Law School Curriculum, Simon Canick
Faculty Scholarship
Legal education has never considered technological proficiency to be a key outcome. Law professors may debate the merits of audiovisual teaching tools: do they work when they should?; do they facilitate learning objectives or are they just toys?; whom should they call when something breaks?; and so on. Teachers use course management sites like TWEN and Blackboard to share information and manage basic course functions. Many fear that laptops and other devices distract students in class, and some institute outright bans. Among many law teachers, technology is warily accepted, but only for the purpose of achieving traditional educational objectives.
What …
The Merchants Of Moocs, James Grimmelmann
The Merchants Of Moocs, James Grimmelmann
Faculty Scholarship
A loose network of educators, entrepreneurs, and investors are promoting Massive Open Online Courses as an innovation that will radically disrupt higher education. These Merchants of MOOCs see MOOCs' novel features—star professors, flipped classrooms, economies of scale, unbundling, and openness—as the key to dramatically improving higher education while reducing its cost.
But MOOCs are far from unprecedented. There is very little in them that has not been tried before, from 19th-century correspondence courses to Fathom, Columbia's $25 million dot-com boondoggle. Claims of disruption look rather different when this missing context is restored. This essay examines some common arguments about what …
Indistinguishable From Magic: A Wizard's Guide To Copyright And 3d Printing, James Grimmelmann
Indistinguishable From Magic: A Wizard's Guide To Copyright And 3d Printing, James Grimmelmann
Faculty Scholarship
3D printing is a technology of such surprise and wonder that it verges on the magical. But what if 3D printers actually were magic? How would copyright law treat the wizards who used them? This Comment uses the magical analogy to make familiar doctrines strange, and a strange technology familiar.
This Comment was prepared as an invited comment on Kyle Dolinsky's "CAD’s Cradle: Untangling Copyrightability, Derivative Works, and Fair Use in 3D Printing" for the 2013 Washington and Lee Student Notes Colloquium.
Education Rights And The New Due Process, Areto A. Imoukhuede
Education Rights And The New Due Process, Areto A. Imoukhuede
Faculty Scholarship
This Article argues for a human dignity-based, due process clause analysis to recognize the fundamental duty of government to provide high quality, public education. Access to public education is a fundamental duty, or positive fundamental right because education is a basic human need and a constituent part of all democratic rights.
Interest Rate Caps, State Legislation, And Public Opinion: Does The Law Reflect The Public’S Desires?, Nathalie Martin
Interest Rate Caps, State Legislation, And Public Opinion: Does The Law Reflect The Public’S Desires?, Nathalie Martin
Faculty Scholarship
Because New Mexico has one of the highest consumer usage rates and highest concentrations of payday and title loan shops in the nation,2 we thought it would be an ideal place to measure the public’s knowledge of and interest in these ubiquitous loans. We also measured knowledge of interest rate caps in the context of credit cards, as a point of comparison. Our data are consistent with that of previous studies showing that the general public overwhelmingly supports interest rate caps both in general and for certain types of loans. More uniquely, we also found that many consumers are unaware …
Goals And Governance In Municipal Bankruptcy, Juliet M Moringiello
Goals And Governance In Municipal Bankruptcy, Juliet M Moringiello
Faculty Scholarship
No abstract provided.
The Trustee Fought Law (With Equity) And Law Won: The U.S. Supreme Court’S Recent Decision In Law V. Siegel, Juliet M Moringiello
The Trustee Fought Law (With Equity) And Law Won: The U.S. Supreme Court’S Recent Decision In Law V. Siegel, Juliet M Moringiello
Faculty Scholarship
No abstract provided.
Air Concentrations Of Volatile Compounds Near Oil And Gas Production, Gregg P. Macey
Air Concentrations Of Volatile Compounds Near Oil And Gas Production, Gregg P. Macey
Faculty Scholarship
No abstract provided.
A Case For Simpler Gain Bifurcation For Real Estate Developers, Bradley T. Borden
A Case For Simpler Gain Bifurcation For Real Estate Developers, Bradley T. Borden
Faculty Scholarship
No abstract provided.
Protecting Health Privacy In An Era Of Big Data Processing And Cloud Computing, Frank Pasquale, Tara Adams Ragone
Protecting Health Privacy In An Era Of Big Data Processing And Cloud Computing, Frank Pasquale, Tara Adams Ragone
Faculty Scholarship
No abstract provided.
Remic Tax Enforcement As Financial-Market Regulator, Bradley T. Borden, David J. Reiss
Remic Tax Enforcement As Financial-Market Regulator, Bradley T. Borden, David J. Reiss
Faculty Scholarship
No abstract provided.
A Step By Step Look At Uarg V. Epa: A New Layer Of Greenhouse Gas Regulation, Kevin O. Leske
A Step By Step Look At Uarg V. Epa: A New Layer Of Greenhouse Gas Regulation, Kevin O. Leske
Faculty Scholarship
No abstract provided.
Following Fisher: Narrowly Tailoring Affirmative Action, Eang L. Ngov
Following Fisher: Narrowly Tailoring Affirmative Action, Eang L. Ngov
Faculty Scholarship
No abstract provided.
Exposing The Institutions That Mask Us, Christine Zuni Cruz
Exposing The Institutions That Mask Us, Christine Zuni Cruz
Faculty Scholarship
I am going to stand in tribute to Professor Montoya and her family and to the Chicana/o-Latina/o Law Review, which brings us to this point where we are considering and celebrating Professor Montoyas Mascaras, Trenzas, Y Grenas: Un/Masking the Self While Un/Braiding Latina Stories and Legal Discourse, twenty years after its initial publication. Professor Montoya's article is timeless.
Tribal Environmental Programs: Providing Meaningful Involvement And Fair Treatment, Jeanette Wolfley
Tribal Environmental Programs: Providing Meaningful Involvement And Fair Treatment, Jeanette Wolfley
Faculty Scholarship
Tribal governments are developing and implementing federally authorized and/or approved tribal environmental programs in the areas of water quality, air quality, and solid waste. As part of this federal delegation process there are federal requirements relating to due process and fair treatment of the public and stakeholders who may be affected by the tribal environmental laws and regulations. This article explores and examines public participation and due process within the tribal context and proposes tribal institutions are in the best position to articulate the tribal cultural and social norms of public participation and fair treatment. It is through this process …
For-Profit Public Enforcement, Max J. Minzner, Margaret H. Lemos
For-Profit Public Enforcement, Max J. Minzner, Margaret H. Lemos
Faculty Scholarship
This Article investigates an important yet undertheorized phenomenon: financial incentives in public enforcement. Each year, public enforcers assess billions of dollars in penalties and other financial sanctions for violations of state and federal law. Why? If the awards in question were the result of private lawsuits, the answer would be obvious. We expect that private enforcers - the victims of law violations and their fee-seeking attorneys - will attempt to maximize financial recoveries. Record recoveries come as no surprise in private class actions, for example. But dollar signs are harder to explain in the context of public enforcement. Unlike private …
Environmental Issues In The Allocation And Management Of Western Interstate Rivers, Reed D. Benson
Environmental Issues In The Allocation And Management Of Western Interstate Rivers, Reed D. Benson
Faculty Scholarship
No abstract provided.