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Articles 211 - 217 of 217
Full-Text Articles in Law
Effective Implementation Of The Trafficking Of Persons And Involuntary Servitude Articles: Lessons From The Criminal Justice System Response To The Illinois Domestic Violence Act, Alison L. Stankus, Jennifer A. Kuhn
Effective Implementation Of The Trafficking Of Persons And Involuntary Servitude Articles: Lessons From The Criminal Justice System Response To The Illinois Domestic Violence Act, Alison L. Stankus, Jennifer A. Kuhn
Alison L Stankus
When the Illinois Domestic Violence Act was enacted in 1986, the General Assembly acknowledged that “the legal system has ineffectively dealt with family violence in the past … and has not adequately acknowledged the criminal nature of domestic violence; that, although many laws have changed, in practice there is still widespread failure to appropriately protect and assist victims.” However, despite these stated purposes, the criminal justice system response to the Act in the last twenty years has been slow to correct this failure. Last year, the Trafficking of Persons and Involuntary Servitude Articles were added to the Illinois Criminal Code. …
The Legal Foundation Of Cost-Benefit Analysis, Richard O. Zerbe
The Legal Foundation Of Cost-Benefit Analysis, Richard O. Zerbe
Richard O Zerbe Jr.
The foundations of cost-benefit analysis (CBA) are legal, and this understanding provides a different view of it. This paper proposes to provide a fully realized foundation for CBA. Such a foundation rests on legal rights and also amends the failure of CBA to include moral sentiments, which arose in the attempt to avoid interpersonal comparisons. This amended legal foundation largely vitiates the extreme positions that have come to dominate thinking about CBA. CBA is increasingly questioned in the legal literature, even as it is being promoted by government practice and the economics literature, and the positions that have arisen from …
The Fair Track To Expanded Free Trade: Making Taa Benefits More Accessible To American Workers, William J. Mateikis
The Fair Track To Expanded Free Trade: Making Taa Benefits More Accessible To American Workers, William J. Mateikis
William J. Mateikis
If Congress again wants to use the TAA program in a bargain for Fast Track authority … then DOL must fix its broken certification process and Congress should amend the TAA Act to reduce worker resistance to expanded free trade. The topic is quite timely given the expiration of fast track (trade promotion) authority on June 30, 2007 and reauthorization of the TAA program due October 1, 2007. The paper has five parts. Following the Introduction, Part II of the paper outlines the politics of U.S. trade liberalization since the mid-1930s and shows that, at times over the past three …
The Constitutional Right To Make Medical Treatment Decisions: A Tale Of Two Doctrines, Jessie Hill
The Constitutional Right To Make Medical Treatment Decisions: A Tale Of Two Doctrines, Jessie Hill
Jessie Hill
The Supreme Court has taken very different approaches to the question whether individuals have a right to make autonomous medical treatment choices, depending on the context. For example, in cases concerning the right to choose “partial-birth” abortion and the right to use medical marijuana, decided just one year apart, the Supreme Court reached radically different results, based on radically different reasoning. In Stenberg v. Carhart, the Supreme Court recognized an almost absolute right to choose a particular abortion procedure if the procedure is the safest for the woman, refusing to defer to the state’s view of the relevant medical facts. …
New Governance, Compliance, And Principles-Based Securities Regulation, Cristie L. Ford
New Governance, Compliance, And Principles-Based Securities Regulation, Cristie L. Ford
Cristie L. Ford
The UK securities regulator, the Financial Services Authority, claims that its "principles-based" approach to securities regulation is simply "better" than what it characterizes as the prescriptive, rules-based American approach. The striking shift in financial sector business from New York to London over the last two years has brought the question of the wisdom of principles-based regulation into sharp relief. In fact, an FSA-style regulatory approach may also be taking hold in Canada, through the agency of the province of British Columbia. This paper examines BC's innovative proposals for a principles-based securities regime through the lens of New Governance theory. I …
From Interests-Based Balancing To Rights-Based Balancing: Two Models Of Balancing In The Early Days Of American Constitutional Balancing, Iddo Porat
Iddo Porat
Balancing tests are ubiquitous in current constitutional law. This Article reviews the development of constitutional balancing over the first five decades of the 20th century and identifies the formation of two types of balancing during these years: interests-based and rights-based balancing. Since these two types of balancing are still present within current constitutional law, this review may also help to better understand balancing today. The Article attempts to show how the early development of balancing in the early 20th century by legal Progressives such as Holmes, Pound and Cardozo, was related to their criticism on the jurisprudence of rights, and …
Entrapment And Terrorism, Dru Stevenson
Entrapment And Terrorism, Dru Stevenson
Dru Stevenson
The thesis of this article is that the unique nature of terrorist crime requires a tweaking of the entrapment rules. The entrapment defense is our legal system’s primary mechanism for regulating government sting operations. I argue that sting operations and surveillance are conceptually distinct (or rival) methods of law enforcement, which compete for resource allocation. If an enforcement agency favors one method, it shifts resources away from the other. To the extent that we dislike panoptic government surveillance, we can steer enforcement agencies away from it by encouraging targeted stings; and we can achieve this, in part, by adapting the …