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Full-Text Articles in Law
A Fresh Look At Title Vii: Sexual Orientation Discrimination As Sex Discrimination, Anthony Michael Kreis
A Fresh Look At Title Vii: Sexual Orientation Discrimination As Sex Discrimination, Anthony Michael Kreis
Anthony Michael Kreis
New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.
New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.
Donna M. Hughes
Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr.
Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr.
Donna M. Hughes
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Saule T. Omarova
The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of …
Taking Distribution Seriously, Robert C. Hockett
Taking Distribution Seriously, Robert C. Hockett
Robert C. Hockett
It is common for legal theorists and policy analysts to think and communicate mainly in maximizing terms. What is less common is for them to notice that each time we speak explicitly of socially maximizing one thing, we speak implicitly of distributing another thing and equalizing yet another thing. We also, moreover, effectively define ourselves and our fellow citizens by reference to that which we equalize; for it is in virtue of the latter that our social welfare formulations treat us as “counting” for purposes of socially aggregating and maximizing. To attend systematically to the inter-translatability of maximization language on …
Minding The Gaps: Fairness, Welfare, And The Constitutive Structure Of Distributive Assessment, Robert C. Hockett
Minding The Gaps: Fairness, Welfare, And The Constitutive Structure Of Distributive Assessment, Robert C. Hockett
Robert C. Hockett
Despite over a century’s disputation and attendant opportunity for clarification, the field of inquiry now loosely labeled “welfare economics” (WE) remains surprisingly prone to foundational confusions. The same holds of work done by many practitioners of WE’s influential offshoot, normative “law and economics” (LE). A conspicuous contemporary case of confusion turns up in recent discussion concerning “fairness versus welfare.” The very naming of this putative dispute signals a crude category error. “Welfare” denotes a proposed object of distribution. “Fairness” describes and appropriate pattern of distribution. Welfare itself is distributed fairly or unfairly. “Fairness versus welfare” is analytically on all fours …
Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram
Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram
Hadar Aviram
On September 3, 2013, Diana Nyad reported having completed a 110-mile swim from Cuba to Florida. The general enthusiasm about her swim was not echoed in the marathon swimming community, whose members expressed doubts about the integrity and honesty of the swim. The community debate that followed gave rise to the creation of the Global Rules of Marathon Swimming, the first effort to regulate the sport. This Article uses the community’s reaction to Nyad’s deviance to examine the role that crime and deviance plays in the creation and modification of legal structures. Relying on Durkheim’s functionalism theory, the Article argues …
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …
Testimony To The Committee On Financial Institutions, Kansas House Of Representatives March 13, 2014, Brian M. Mccall
Testimony To The Committee On Financial Institutions, Kansas House Of Representatives March 13, 2014, Brian M. Mccall
Brian M McCall
This document contains the text of testimony given before the Committee on Financial Institutions, Kansas House of Representatives March 13, 2014, in a hearing to address potential changes to the regulation of payday lending in Kansas.
Continuous Contamination: How Traditional Criminal Restitution Principles And Section 2259 Undermine Cleaning Up The Toxic Waste Of Child Pornography, Mary Margaret Giannini
Continuous Contamination: How Traditional Criminal Restitution Principles And Section 2259 Undermine Cleaning Up The Toxic Waste Of Child Pornography, Mary Margaret Giannini
Mary Margaret Giannini
Unfulfilled Promise: Mental Disability Voting Rights And The Halving Of Hava’S Potential, Benjamin Hoerner
Unfulfilled Promise: Mental Disability Voting Rights And The Halving Of Hava’S Potential, Benjamin 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 of …
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …
Grounding Drones: Big Brother’S Tool Box Needs Regulation Not Elimination, Melanie M. Reid
Grounding Drones: Big Brother’S Tool Box Needs Regulation Not Elimination, Melanie M. Reid
Melanie M. Reid
One of the most significant contemporary issues in privacy law relates to law enforcement’s new domestic surveillance tool: unmanned aerial vehicles, also known as, drones. Law enforcement’s use of aerial surveillance as an investigatory tool is currently under attack. In the past, if law enforcement chose to follow a suspect throughout the day, either on the ground or in the air, they need not worry about seeking a warrant or determining whether probable cause or reasonable suspicion exists to justify their surveillance. Aerial surveillance of criminal suspects has been considered outside the protections of Fourth Amendment law. In the 1980’s, …
Decorating The Structure: The Art Of Making Human Law, Brian M. Mccall
Decorating The Structure: The Art Of Making Human Law, Brian M. Mccall
Brian M McCall
The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan
The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan
Donald J. Kochan
Don’T Be Silly: Lawmakers “Rarely” Read Legislation And Oftentimes Don’T Understand It . . . But That’S Okay, Brian Christopher Jones
Don’T Be Silly: Lawmakers “Rarely” Read Legislation And Oftentimes Don’T Understand It . . . But That’S Okay, Brian Christopher Jones
Brian Christopher Jones
During the debate over the Patient Protection and Affordable Care Act ("Obamacare"), the reading and understanding of legislation became one of the most controversial issues mentioned in Congress and throughout the media. This led many to state that lawmakers should “read the bill,” and led one academic to propose a read-the-bill rule for Congress, where legislators would not vote or vote “no” if they had not read the full text of the legislation. My essay argues that in contemporary legislatures such proposals are unfeasible, and would ultimately produce lower quality legislation. In doing so, the piece uses interviews with legislative …
Personalized Bills As Commemorations: A Problem For House Rules?, Brian Christopher Jones
Personalized Bills As Commemorations: A Problem For House Rules?, Brian Christopher Jones
Brian Christopher Jones
The proliferation of personalized bills in Congress has occurred despite a prohibition on commemorations in the House of Representatives. This Essay provides a close examination of the wording behind the ban, especially the definition of “commemoration.” It uses examples from the Adam Walsh Child Protection and Safety Act of 2006 and other statutes to demonstrate how many contemporary personalized bills fall underneath the prohibition, and therefore should not be introduced or considered in the House.
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Charles H. Baron
In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …
Fetal Research: The Question In The States, Charles H. Baron
Fetal Research: The Question In The States, Charles H. Baron
Charles H. Baron
This article is based on a paper delivered at the Third National Symposium on Genetics and the Law in Boston, April 1984.
What's Wrong With A Federal Inheritance Tax?, Wendy Gerzog
What's Wrong With A Federal Inheritance Tax?, Wendy Gerzog
Wendy Gerzog
Scholars have proposed a federal inheritance tax as an alternative to the current federal transfer tax system, but there are serious flaws with that idea. Those problems include: (1) different tax rates and exemptions based on the decedent’s relationship to the beneficiary; (2) the lack of a tax on lifetime gratuitous transfers, including gifts with retained interests or control; (3) the persistence of most current valuation distortion abuses; and (4) significantly decreased compliance rates and increased administrative costs inherent in a system that taxes transferees on transactions that may be largely unmonitored.
This article reviews common characteristics of existing inheritance …
Westminster's Impending Short Title Quandary: And How To Fix It, Brian Christopher Jones
Westminster's Impending Short Title Quandary: And How To Fix It, Brian Christopher Jones
Brian Christopher Jones
Discusses the likelihood that, in the absence of official guidelines on the choice of short title for new Bills submitted to the Westminster Parliament, increasingly the US practice of giving Bills "sloganising" or personalised short titles will be emulated. Reports on the views of parliamentarians about the use of evocative language in Bill titles. Outlines the formal and informal rules and practices followed by Office of the Parliamentary Counsel in the naming of Bills, and suggests five guidance points for the selection of a short title.
The Implausibility Of Secrecy, Mark Fenster
The Implausibility Of Secrecy, Mark Fenster
Mark Fenster
Government secrecy frequently fails. Despite the executive branch’s obsessive hoarding of certain kinds of documents and its constitutional authority to do so, recent high-profile events—among them the WikiLeaks episode, the Obama administration’s celebrated leak prosecutions, and the widespread disclosure by high-level officials of flattering confidential information to sympathetic reporters—undercut the image of a state that can classify and control its information. The effort to control government information requires human, bureaucratic, technological, and textual mechanisms that regularly founder or collapse in an administrative state, sometimes immediately and sometimes after an interval. Leaks, mistakes, open sources—each of these constitutes a path out …
Plain Language Prospects In American Public Law: Insiders Weigh In, Brian Christopher Jones
Plain Language Prospects In American Public Law: Insiders Weigh In, Brian Christopher Jones
Brian Christopher Jones
While many international lawmaking jurisdictions have incorporated plain language principles for statutory drafting, the United States remains reluctant, and subsequently has no official policy on employing such principles for the drafting of federal legislation. Though Executive Orders and congressional statutes regarding plain writing have recently been enacted, these have been aimed at Executive Agency regulations and communications, not statutes. This article explores the current prospects of plain language implementation for U.S. statutory law, relying primarily on interviews from Congressional insiders, including lawmakers, staffers and legal/political journalists. Responses demonstrated that plain language standards for statutory law in the U.S. do not …
Manipulating Public Law Favorability: Is It Really This Easy?, Brian Christopher Jones
Manipulating Public Law Favorability: Is It Really This Easy?, Brian Christopher Jones
Brian Christopher Jones
Can favorability for public laws be manipulated merely by changing the short title of the bill or act? Based on an exploratory survey of undergraduate students from the University of Stirling, the results suggest that naming may indeed play a small but significant part of the assessment. Employing five different types of short titles, it was found that “evocative” titles attracted higher favorability ratings than the “descriptive/ technical” titles. Additionally, the survey found that most participants were satisfied with a short vignette of information on the bill or law rather than further explanation, and a notable number of participants supported …
Glogging Your Every Move, Lisa Wachsmuth, Katina Michael
Glogging Your Every Move, Lisa Wachsmuth, Katina Michael
Professor Katina Michael
"It is one thing to lug technologies around, another thing to wear them, and even more intrusive to bear them... But that's the direction in which we're headed."
"I think we're entering an era of person-view systems which will show things on ground level and will be increasingly relayed to others via social media.
"We've got people wearing recording devices on their fingers, in their caps or sunglasses - there are huge legal and ethical implications here."
Inside The Civil Rights Ring: Statutory Jabs And Constitutional Haymakers, Aaron J. Shuler
Inside The Civil Rights Ring: Statutory Jabs And Constitutional Haymakers, Aaron J. Shuler
Aaron J Shuler
Civil rights litigators use statutory and constitutional attacks to combat inequality. Each approach has its advantages and drawbacks developed through interpretation by U.S. courts. The first major decision that shaped modern civil rights was the Civil Rights Cases that dodged a constitutional attack to withdraw most private acts of discrimination out of reach until the Civil Rights Act of 1964 was passed and validated in Heart of Atlanta v. U.S. In addition to the coupling of statutory attacks with private discrimination and constitutional challenges to state biases, statutory attacks have proven to be more adept at addressing disparate impacts as …
Drafting Proper Short Bill Titles: Do States Have The Answer?, Brian Christopher Jones
Drafting Proper Short Bill Titles: Do States Have The Answer?, Brian Christopher Jones
Brian Christopher Jones
No abstract provided.
Transatlantic Perspectives On Humanised Public Law Campaigns: Personalising And Depersonalising The Legislative Process, Brian Christopher Jones
Transatlantic Perspectives On Humanised Public Law Campaigns: Personalising And Depersonalising The Legislative Process, Brian Christopher Jones
Brian Christopher Jones
This exploratory article uses interviews from lawmakers, government officials, bill drafters and parliamentary journalists from Westminster, the Scottish Parliament and the United States Congress to determine humanised law campaigns potential impact on the legislative process. It hypothesised that emotional law is prevented through the depersonalisation of such statutory or regulatory instruments, and that more United Kingdom and Scottish interviewees would embrace this perspective than United States interviewees. Humanised campaigns and personalised statutory law in the United States Congress appears to be on the rise. In Britain such campaigns are a rarity, yet over the past few years the Sarah's Law …
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Patrick McKinley Brennan
This paper argues, first, that the natural law position, according to which it is the function of human law and political authorities to instantiate certain individual goods and the common good of the political community, does not entail judges' having the power or authority to speak the natural law directly. It goes on to argue, second, that lawmaking power/authority must be delegated by the people or their representatives. It then argues, third, that success in making law depends not just on the exercise of delegated power/authority, but also on the exercise of care and deliberation or, in the article's terms, …
The Citizens Were Heard, Donna M. Hughes Dr.