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Articles 1 - 30 of 34
Full-Text Articles in Law
Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff
Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff
All Faculty Scholarship
After more than three decades during which it gave the issue scant attention, the Supreme Court has again made the American Pipe doctrine an active part of its docket. American Pipe addresses the tolling of statutes of limitations in federal class action litigation. When plaintiffs file a putative class action in federal court and class certification is denied, absent members of the putative class may wish to pursue their claims in some kind of further proceeding. If the statute of limitations would otherwise have expired while the class certification issue was being resolved, these claimants may need the benefit of …
The Securities Law Implications Of Financial Illiteracy, Lisa Fairfax
The Securities Law Implications Of Financial Illiteracy, Lisa Fairfax
All Faculty Scholarship
Every financial literacy study conducted over the last few decades concurs: Americans, including American investors, are financially illiterate. This Article argues that America’s financial illiteracy poses a significant, widespread, and long-term challenge for our federal securities regime because that regime is premised almost entirely on disclosure as the best form of investor protection and, by extension, on investors’ ability to understand disclosure. By advancing a typology of investors and their disclosure needs, this Article further argues that we may have significantly underestimated the extent of the financial illiteracy problem based on at least two flawed assumptions. First, we have presumed …
An Analysis Of The Universal Home Care Program: Considerations For Implementation With The Context Of Maine's Existing Ltss Programs, Eileen J. Griffin Jd, Elizabeth C. Gattine Jd, Louise Olsen, Stuart Bratesman Mpp
An Analysis Of The Universal Home Care Program: Considerations For Implementation With The Context Of Maine's Existing Ltss Programs, Eileen J. Griffin Jd, Elizabeth C. Gattine Jd, Louise Olsen, Stuart Bratesman Mpp
Disability & Aging
A citizen initiative on the November 2018 ballot (Question 1, An Act to Establish Universal Home Care for Seniors and Persons with Disabilities) would establish a "Universal Home Care Program" (UHC Program) to serve older adults and persons with a disability living in Maine. This report does not constitute either support for or opposition to the referendum but is intended as an independent assessment of how the UHC Program could be implemented if it were to be approved by Maine voters. This analysis focuses on the implications of the UHC Program within the context of the Medicaid and …
The Effect Of Proposed Changes In Federal Public Charge Policy On Latino U.S. Citizen Children In Massachusetts, Fabián Torres-Ardila, Phillip Granberry, Iris Gómez, Vicky Pulos
The Effect Of Proposed Changes In Federal Public Charge Policy On Latino U.S. Citizen Children In Massachusetts, Fabián Torres-Ardila, Phillip Granberry, Iris Gómez, Vicky Pulos
Gastón Institute Publications
We estimate the number of U.S.-born Latino children that could be potentially affected by proposed Trump Administration changes greatly expanding the scope of the “public charge” test as a basis for denying noncitizens admission to the U.S. or adjustment to lawful permanent resident status. In addition to reducing family-based immigration, the proposed rule’s association of public benefits with adverse immigration consequences is widely expected to cause a drop in public benefit participation not just by noncitizens but by their U.S. citizen children as well. If this proposed change is implemented, Latino families – which include both noncitizen families and “mixed …
The Persistent Labor Market Effects Of A Criminal Conviction And “Ban The Box” Reforms, Joshua M. Congdon-Hohman
The Persistent Labor Market Effects Of A Criminal Conviction And “Ban The Box” Reforms, Joshua M. Congdon-Hohman
Economics Department Working Papers
Past literature has established that individuals who have been incarcerated face difficulties reentering the work force following their release, while finding and keeping a job can significantly reduce recidivism amongst individuals with prior criminal convictions. In attempt to improve employment outcomes, many local and state governments in the United States have initiated "Ban the Box" regulations. These initiatives delay inquiries regarding criminal history on job applications. Versions of ban the box regulations covering public sector employment have been enacted in 31 states and more than 150 local governments. Ban the box laws have included private employers in eleven states and …
1911 Triangle Factory Fire — Building Safety Codes, Paul H. Robinson, Sarah M. Robinson
1911 Triangle Factory Fire — Building Safety Codes, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.
They offer some incredible stories about how people, good and bad, change the world around …
Election Administration Within The Sphere Of Politics: How Bureaucracy Can Facilitate Democracy With Policy Decisions, Nicholas S. Martinez
Election Administration Within The Sphere Of Politics: How Bureaucracy Can Facilitate Democracy With Policy Decisions, Nicholas S. Martinez
FIU Electronic Theses and Dissertations
Public bureaucracy finds itself in a strange place at the intersection of political science and public administration. Political science finds that, within representative democracy, discretion granted to bureaucrats threatens the nature of democracy by subverting politicians who represent the will of the people – bureaucracy vs democracy. At the same time, public administration holds that, in the interest of promoting democracy, bureaucracy should be objective in its implementation of policy in a way that eliminates the influence of politics from decision-making – politics vs bureaucracy. Those positions are seemingly contradictory in nature. From one perspective, bureaucracy is undemocratic because it …
Protecting Children? Assessing The Treatment Of Unaccompanied Minors In The U.S., Chiara Galli
Protecting Children? Assessing The Treatment Of Unaccompanied Minors In The U.S., Chiara Galli
Latino Public Policy
In the summer of 2014, unprecedented numbers of unaccompanied minors fleeing violence in El Salvador, Guatemala and Honduras arrived in the U.S. seeking refuge. Current U.S. immigration law affords certain legal protections to children who migrate alone from non-contiguous countries, allowing them to be initially admitted to the U.S. To avoid deportation and remain in the country long-term, however, they must successfully apply for humanitarian relief from deportation. This interview-based study traces these children’s experiences navigating this legal process and interacting with different branches of the US immigration bureaucracy.
Is Citizenship Still Relevant? State Sovereignty, Migration, And Sanctuary Cities In A Globalizing World, Melissa J. Lauro
Is Citizenship Still Relevant? State Sovereignty, Migration, And Sanctuary Cities In A Globalizing World, Melissa J. Lauro
Student Publications
This paper argues that sanctuary cities and sanctuary policies in the United States are a manifestation of the conflicts resulting from processes of globalization, which have changed traditional notions of citizenship, state sovereignty, and state security, as well as fostered a cultural backlash and identity politics within the U.S.
Corruption Devolved: People’S Perceptions On Devolutions Impact On Transparency, Accountability And Service Delivery By The Government Of Kisumu County, Kenya, Julia Fonshell
Independent Study Project (ISP) Collection
In 2010, Kenya introduced a new constitution and with it the introduction of the concept of a decentralized government. The devolved system of government was implemented in 2013 and granted each of the 47 counties in Kenya, such as Kisumu County, greater autonomy, resources and ability to serve its people. This study aims to compile a thorough understanding of people’s perception on how devolution has impacted transparency, accountability and service delivery of the government of Kisumu County, Kenya within its five years.
The study is comprised of a series of interviews on the premises of the Kisumu County Assembly with …
Hipster Antitrust: New Bottles, Same Old W(H)Ine?, Christopher S. Yoo
Hipster Antitrust: New Bottles, Same Old W(H)Ine?, Christopher S. Yoo
All Faculty Scholarship
Although the debate over hipster antitrust is often portrayed as something new, experienced observers recognize it as a replay of an old argument that was resolved by the global consensus that antitrust should focus on consumer welfare rather than on the size of firms, the levels of industry concentration, and other considerations. Moreover, the history of the Federal Trade Commission’s Section 5 authority to prevent unfair methods of competition stands as a reminder of the dangers of allowing enforcement policy to be guided by vague and uncertain standards.
The Abandoned Shipwrecks Act In Florida, Tyler Wolanin
The Abandoned Shipwrecks Act In Florida, Tyler Wolanin
School of Public Policy Capstones
The Abandoned Shipwrecks Act is a 1988 federal law that grants states jurisdiction over abandoned shipwrecks in their territorial waters. The intention of the law is to allow states to form historic preservation regimes to protect historic shipwrecks from looters and salvagers. One of the most important beneficiaries of this law is the state of Florida, with the longest coastline in the continental United States and a history of attempts to protect historic shipwrecks.
This law has been criticized since inception for removing the profit incentive for salvors to discover new shipwrecks. The Act has been subjected to a considerable …
Communities In Peril: The Dispersion Of Temporary Protected Status Populations Throughout Massachusetts, Phillip Granberry, Trevor Mattos, Lorna Rivera
Communities In Peril: The Dispersion Of Temporary Protected Status Populations Throughout Massachusetts, Phillip Granberry, Trevor Mattos, Lorna Rivera
Gastón Institute Publications
Massachusetts is estimated to have over 12,000 residents with Temporary Protected Status (TPS). TPS is a non-immigrant status granted when a country's nationals in the United States cannot return safely or, in certain circumstances, when the country is unable to handle the return of its nationals adequately. This legal status was instituted as part of the 1990 Immigration Act, which was sponsored by Senator Edward M. Kennedy and signed into law by President George H. W. Bush. TPS beneficiaries are not removable from the United States, can obtain an employment authorization document (EAD), and may be granted travel authorization.
Recently …
Border Enforcement And Civil Rights Along The Texas-Mexico Border, Esther Reyes
Border Enforcement And Civil Rights Along The Texas-Mexico Border, Esther Reyes
Latino Public Policy
Over the past two decades, spending on enforcement along the southwestern border of the United States has expanded dramatically. The annual budget of the U.S. Border Patrol, increased from $400 million in fiscal year 1994 to $3.8 billion in fiscal year 2017. During this period, the number of Border Patrol agents stationed along the U.S.Mexico border grew by nearly 450 percent, from 3,747 to over 16,605 agents. Meanwhile, apprehensions of unauthorized migrants along the U.S.-Mexico border declined from 979,101 in 1994 to 303,916 in 2017.
These expansions and the accompanying declines in immigrant populations and apprehensions have raised concerns about …
Implementing A Public Health Perspective In Fda Drug Regulation, Patricia J. Zettler, Margaret Foster Riley, Aaron S. Kesselheim
Implementing A Public Health Perspective In Fda Drug Regulation, Patricia J. Zettler, Margaret Foster Riley, Aaron S. Kesselheim
Faculty Publications By Year
There is, without question, a public health crisis in the United States arising from both illicit and prescription opioid misuse, addiction, and overdose. The Food and Drug Administration (FDA) is one regulator with an important role to play in minimizing the harms associated with prescription opioids, while also ensuring that prescription opioids are available for the evidence-based management of pain. One question, however, is to what extent the agency can consider in its decisions to approve opioids and keep existing ones on the market the provider and patient behaviors contributing to the epidemic. This is, in part, because FDA’s approval …
Cee 433: Water Technology & Policy Syllabus, University Of Illinois At Urbana-Champaign, Ashlynn Stillwell
Cee 433: Water Technology & Policy Syllabus, University Of Illinois At Urbana-Champaign, Ashlynn Stillwell
All ECSTATIC Materials
This document is the syllabus for CEE 433: Water Technology & Policy, by instructor Ashlynn S. Stillwell at the University of Illinois at Urbana-Champaign. The course is an elective class, open to upper-level undergraduate and graduate students.
Statutory Rape, Paul H. Robinson, Tyler Scot Williams
Statutory Rape, Paul H. Robinson, Tyler Scot Williams
All Faculty Scholarship
It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.
American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is …
Research To Practice: State Employment First Policies: State Definitions, Goals And Values, Jennifer Bose, Jean Winsor, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Research To Practice: State Employment First Policies: State Definitions, Goals And Values, Jennifer Bose, Jean Winsor, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Research to Practice Series, Institute for Community Inclusion
This brief is the first in a series focusing on Employment First implementation as it relates to one of the seven elements within the High-Performing States in Integrated Employment model. It examines the background of circumstances under which Employment First efforts began in seven states, and introduces each state’s values, mission, and goals around increasing employment opportunities for people with disabilities. States may use the lessons in this brief to develop an Employment First policy, or to evolve existing efforts.
Research To Practice: Lessons Learned From The Learning Academy: Optimizing Transition Supports For Young Adults With Autism, John Shepard, Jaimie Ciulla Timmons, Agnieszka Zalewska, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Research To Practice: Lessons Learned From The Learning Academy: Optimizing Transition Supports For Young Adults With Autism, John Shepard, Jaimie Ciulla Timmons, Agnieszka Zalewska, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Research to Practice Series, Institute for Community Inclusion
The Learning Academy (TLA) at the University of South Florida is a 30-week transition program for individuals with autism spectrum disorder (ASD) between the ages of 18 and 25. The program provides services, supports, and experiential opportunities, with the aim of enhancing skills that will prepare students to succeed in the workplace and postsecondary education settings. The Institute for Community Inclusion (ICI) at the University for Massachusetts Boston conducted a one-year evaluation of TLA to explore its essential programmatic elements, and the ways in which the experience influenced student transformation. The evaluation included a thorough observation of program structure, curriculum, …
The Ecology Of Transparency Reloaded, Seth F. Kreimer
The Ecology Of Transparency Reloaded, Seth F. Kreimer
All Faculty Scholarship
As Justice Stewart famously observed, "[t]he Constitution itself is neither a Freedom of Information Act nor an Official Secrets Act." What the Constitution's text omits, the last two generations have embedded in "small c" constitutional law and practice in the form of the Freedom of Information Act and a series of overlapping governance reforms including Inspectors General, disclosure of political contributions, the State Department’s “Dissent Channel,” the National Archives Information Security Oversight Office, and the publication rights guaranteed by New York Times v. United States. These institutions constitute an ecology of transparency.
The late Justice Scalia argued that the …
Distributive Principles Of Criminal Law, Paul H. Robinson, Tyler Scot Williams
Distributive Principles Of Criminal Law, Paul H. Robinson, Tyler Scot Williams
All Faculty Scholarship
This first chapter from the recently published book Mapping American Criminal Law: Variations across the 50 States documents the alternative distributive principles for criminal liability and punishment — desert, deterrence, incapacitation of the dangerous — that are officially recognized by law in each of the American states. The chapter contains two maps visually coded to display important differences: the first map shows which states have adopted desert, deterrence, or incapacitation as a distributive principle, while the second map shows which form of desert is adopted in those jurisdictions that recognize desert. Like all 38 chapters in the book, which covers …
The Economics Of Immigration Reform, Howard F. Chang
The Economics Of Immigration Reform, Howard F. Chang
All Faculty Scholarship
In this article, I draw upon economic theory and recent empirical work on the economic and fiscal effects of immigration to evaluate some recent proposals for immigration reform in terms of their effects on the economic welfare of natives in the United States. In particular, I consider the Reforming American Immigration for a Strong Economy (RAISE) Act, a bill that would cut immigration to half of its current level. President Donald Trump has endorsed the RAISE Act and has insisted that many of its provisions be part of any legislation legalizing the status of unauthorized immigrants granted relief under the …
Crimes That Changed Our World: Tragedy, Outrage, And Reform: Chapter One: 1911 Triangle Factory Fire: Building Safety Codes, Paul H. Robinson, Sarah M. Robinson
Crimes That Changed Our World: Tragedy, Outrage, And Reform: Chapter One: 1911 Triangle Factory Fire: Building Safety Codes, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
This first chapter of the recently published book Crimes That Changed Our World: Tragedy, Outrage, and Reform, examines the process by which the tragic 1911 Triangle Factory Fire provoked enormous outrage that in turn created a local then national movement for workplace and building safety that ultimately became the foundation for today’s building safety codes. What is particularly interesting, however, is that the Triangle Fire was not the worst such tragedy in its day. Why should it be the one that ultimately triggers social progress?
The book has 21 chapters, each of which traces the tragedy-outrage-reform dynamic in a …
Governance By Contract: The Implications For Corporate Bylaws, Jill E. Fisch
Governance By Contract: The Implications For Corporate Bylaws, Jill E. Fisch
All Faculty Scholarship
Boards and shareholders are increasing using charter and bylaw provisions to customize their corporate governance. Recent examples include forum selection bylaws, majority voting bylaws and advance notice bylaws. Relying on the contractual conception of the corporation, Delaware courts have accorded substantial deference to board-adopted bylaw provisions, even those that limit shareholder rights.
This Article challenges the rationale for deference under the contractual approach. With respect to corporate bylaws, the Article demonstrates that shareholder power to adopt and amend the bylaws is, under Delaware law, more limited than the board’s power to do so. As a result, shareholders cannot effectively constrain …
Planning For Excellence: Insights From An International Review Of Regulators' Strategic Plans, Adam M. Finkel, Daniel Walters, Angus Corbett
Planning For Excellence: Insights From An International Review Of Regulators' Strategic Plans, Adam M. Finkel, Daniel Walters, Angus Corbett
All Faculty Scholarship
What constitutes regulatory excellence? Answering this question is an indispensable first step for any public regulatory agency that is measuring, striving towards, and, ultimately, achieving excellence. One useful way to answer this question would be to draw on the broader literature on regulatory design, enforcement, and management. But, perhaps a more authentic way would be to look at how regulators themselves define excellence. However, we actually know remarkably little about how the regulatory officials who are immersed in the task of regulation conceive of their own success.
In this Article, we investigate regulators’ definitions of regulatory excellence by drawing on …
Insanity Defense, Paul H. Robinson, Tyler Scot Williams
Insanity Defense, Paul H. Robinson, Tyler Scot Williams
All Faculty Scholarship
It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.
American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is …
Felony Murder, Paul H. Robinson, Tyler Scot Williams
Felony Murder, Paul H. Robinson, Tyler Scot Williams
All Faculty Scholarship
It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.
American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is …
Our Principled Constitution, Mitchell N. Berman
Our Principled Constitution, Mitchell N. Berman
All Faculty Scholarship
Suppose that one of us contends, and the other denies, that transgender persons have constitutional rights to be treated in accord with their gender identity. It appears that we are disagreeing about “what the law is.” And, most probably, we disagree about what the law is on this matter because we disagree about what generally makes it the case that our constitutional law is this rather than that.
Constitutional theory should provide guidance. It should endeavor to explain what gives our constitutional rules the contents that they have, or what makes true constitutional propositions true. Call any such account a …
Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt, Amanda L. Kool, Lauren Sudeall, Michele Statz, Danielle M. Conway, Hannah Haksgaard
Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt, Amanda L. Kool, Lauren Sudeall, Michele Statz, Danielle M. Conway, Hannah Haksgaard
Faculty Publications By Year
Rural America faces an increasingly dire access-to-justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of the crisis is the dearth of information and research regarding the extent of the problem and its impacts. This Article begins to fill that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, the Article …
Exclusionary Megacities, Wendell Pritchett, Shitong Qiao
Exclusionary Megacities, Wendell Pritchett, Shitong Qiao
All Faculty Scholarship
Human beings should live in places where they are most productive, and megacities, where information, innovation and opportunities congregate, would be the optimal choice. Yet megacities in both China and the U.S. are excluding people by limiting housing supply. Why, despite their many differences, is the same type of exclusion happening in both Chinese and U.S. megacities? Urban law and policy scholars argue that Not-In-My-Backyard (NIMBY) homeowners are taking over megacities in the U.S. and hindering housing development therein. They pin their hopes on an efficient growth machine that makes sure “above all, nothing gets in the way of building.” …