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Full-Text Articles in Law
Pandemic Governance, Yanbai Andrea Wang, Justin Weinstein-Tull
Pandemic Governance, Yanbai Andrea Wang, Justin Weinstein-Tull
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The COVID-19 pandemic created an unprecedented need for governance by a multiplicity of authorities. The nature of the pandemic—globally communicable, uncontrolled, and initially mysterious—required a coordinated response to a common problem. But the pandemic was superimposed atop our decentralized domestic and international governance structures, and the result was devastating: the United States has a death rate that is eighteenth highest in the world, and the pandemic has had dramatically unequal impacts across the country. COVID-19’s effects have been particularly destructive for communities of color, women, and intersectional populations.
This Article finds order in the chaos of the pandemic response by …
Putting The "Public" Back Into Public-Private Partnerships For Economic Development, Audrey Mcfarlane
Putting The "Public" Back Into Public-Private Partnerships For Economic Development, Audrey Mcfarlane
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Public-Private Partnerships are viewed quite positively. In the context of working with local government for economic development, the interests and concerns of the private appear to dominate the development decision-making. This Essay explores eminent domain decisions and community benefits agreements for standards for measuring the efficacy of these partnerships. It suggests ways in which we can begin to think about public accountability and public benefits to be derived from these partnerships.
Legal Indeterminacy Made In America: American Legal Methods And The Rule Of Law, James Maxeiner
Legal Indeterminacy Made In America: American Legal Methods And The Rule Of Law, James Maxeiner
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The thesis of this Article is that the indeterminacy that plagues American law is "Made in America." It is not inherent in law. Rather, it is a product of specific choices of legal methods and of legal structures made in the American legal system.
The New Inner-City: Class Transformation, Concentrated Affluence And The Obligations Of The Police Power, Audrey Mcfarlane
The New Inner-City: Class Transformation, Concentrated Affluence And The Obligations Of The Police Power, Audrey Mcfarlane
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This article examines the role of local government in the process of urban spatial restructuring (gentrification). In light of the disparate needs and competing interests of different racial and socioeconomic groups seeking a place in the city, there are limits to local government's ability to facilitate redevelopment projects that deliberately aim to accomplish class transformation and exclusively reconfigure the inner city for the affluent. These limits exist by virtue of implied obligations of the police power.
Federalism And Antitrust Reform, Herbert J. Hovenkamp
Federalism And Antitrust Reform, Herbert J. Hovenkamp
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Currently the Antitrust Modernization Commission is considering numerous proposals for adjusting the relationship between federal antitrust authority and state regulation. This essay examines two areas that have produced a significant amount of state-federal conflict: state regulation of insurance and the state action immunity for general state regulation. It argues that no principle of efficiency, regulatory theory, or federalism justifies the McCarran-Ferguson Act, which creates an antitrust immunity for state regulation of insurance. What few benefits the Act confers could be fully realized by an appropriate interpretation of the state action doctrine. Second, the current formulation of the antitrust state action …