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Full-Text Articles in Law
When Parallel Tracks Cross: Applying The New Insider Trading Regulations Under Dodd-Frank Derails, Gregory J. Melus
When Parallel Tracks Cross: Applying The New Insider Trading Regulations Under Dodd-Frank Derails, Gregory J. Melus
Gregory J Melus
Abstract: When Parallel Tracks Cross: Applying the New Insider Trading Regulations under Dodd-Frank Derails On March 11, 2011, the U.S. Securities and Exchange Commission (SEC) brought an administrative proceeding against former Goldman Sachs Director, Rajat Gupta for participating in the insider trading scheme of Raj Rajaratnam. The complaint was the first application of the SEC’s expanded authority under the Dodd-Frank Act to charge an unregistered entity for securities violations in an SEC enforcement hearing. This Comment argues that bringing an SEC administrative proceeding against Rajat Gupta would not succeed because the retroactive application of the Dodd-Frank law would fail the …
There’S No Place Like Home – The Lost Children Of Foster Care, Kevin Simpson
There’S No Place Like Home – The Lost Children Of Foster Care, Kevin Simpson
Kevin Simpson
The main analysis of this paper centers around the foster care system and the effects of foster care on the children who are thrust into it. The jurisdiction will be focused on the United States as a whole, with some State comparison. In Part II, a general description of foster care will be looked at. Part III distinguishes the two different types of foster care, kinship and non-relative foster care. Part IV contains discussions dealing with the process generally, and what leads children to foster care. Following that section, Part V extensively deals with the effects on the children, including …
The Invisible Man: How The Sex Offender Registry Results In Social Death, Elizabeth B. Megale
The Invisible Man: How The Sex Offender Registry Results In Social Death, Elizabeth B. Megale
Elizabeth B. Megale
This Article establishes that overcriminalization serves to marginalize unwanted groups of society, and particularly regarding the sex offender registry, it results in social death. The author relies upon the notion of crime as a social construct to establish that the concept of “sex offense” changes over time as society and culture evolve. From there, the author incorporates the work of Michele Foucault involving the relationship of power, knowledge, and sexuality to show how the trend toward more repressive social controls over sex-related activity is related to a shift in this relationship. The Author identifies three characteristics and the associated traits …
Do We Value Our Cars More Than Our Kids? The Conundrum Of Care For Children, Palma Joy Strand
Do We Value Our Cars More Than Our Kids? The Conundrum Of Care For Children, Palma Joy Strand
palma joy strand
Formal child care workers in the United States earn about $21,110 per year. Parking lot attendants, in contrast, make $21,250. These relative wages are telling: The market values the people who look after our cars more than the people who look after our kids. This article delves below the surface of these numbers to explore the systemic disadvantages of those who care for children—and children themselves. The article first illuminates the precarious economic position of children in our society, with a disproportionate number living in poverty. The article then documents both that substantial care for children is provided on an …
The Ballot As A Bulwark: The Impact Of Felony Disenfranchisement On Recidivism, Guy P. Hamilton-Smith, Matt Vogel
The Ballot As A Bulwark: The Impact Of Felony Disenfranchisement On Recidivism, Guy P. Hamilton-Smith, Matt Vogel
Guy P Hamilton-Smith
Felony disenfranchisement – the exclusion of individuals convicted of felonies from the voting rolls – is a practice that is commonplace in the United States. In 2010, approximately 5.3 million Americans were ineligible to vote because of a prior felony conviction. Despite the fact that the justifications for disenfranchisement in a democratic society could be characterized as dubious, disenfranchisement has withstood various legal challenges and remains a widespread practice in almost every state. One argument which has never been examined empirically is the notion that disenfranchisement hampers efforts to rehabilitate offenders, which is what this article does. First, this article …
Dr. King’S Speech: Surveying The Landscape Of Law And Justice In The Speeches, Sermons, And Writings Of Dr. Martin Luther King Junior, Carlton Waterhouse
Dr. King’S Speech: Surveying The Landscape Of Law And Justice In The Speeches, Sermons, And Writings Of Dr. Martin Luther King Junior, Carlton Waterhouse
Carlton Waterhouse
ABSTRACT The belief that an essential relationship exists between law and justice has been recognized since the time of the ancient Greeks. In fact, the concept extends well beyond Western philosophy and jurisprudence. Distinct from other aspects of justice, the relationship between law and justice considers the nature of law and its dictates as well as the responsibility of citizens to obey it. Although Dr. Martin Luther King, Jr. lacked the developed legal analysis of jurisprudence scholars, he made a meaningful contribution to the intellectual discourse of his time by forcing the discussion on the broader society and centering it …
Is There An Efficient Antitrust Approach To Health Care?, Kathryn Ciano
Is There An Efficient Antitrust Approach To Health Care?, Kathryn Ciano
Kathryn Ciano
As American states and the federal government wrestle to find a solution to health care reform, some regulators are looking towards antitrust laws in the international marketplace to govern domestic health care policy. Antitrust principles dictate that antitrust authorities must intervene only when pressures become so great as to interfere with the very operations of the market. Pharmaceutical and health care markets rely on free trade and competitive global cooperation, so there is no efficient antitrust approach to health care.
Religious Exemption Statutes: Betrayest Thou Me With A Statute?, Shirley D. Howell
Religious Exemption Statutes: Betrayest Thou Me With A Statute?, Shirley D. Howell
Shirley D. Howell
This Article analyzes the causal connection between religious treatment exemption statutes and child deaths. Further, the Article develops a nexus between partial immunity statutes and wrongful prosecutions of religious parents
Religious Exemption Statutes: Betrayest Thou Me With A Statute?, Shirley D. Howell
Religious Exemption Statutes: Betrayest Thou Me With A Statute?, Shirley D. Howell
Shirley D. Howell
This Article addresses the causal connection between religious treatment statutes and child deaths. The Article differs from others on this topic in that it also develops a nexus between exemption statutes and wrongful prosecutions of religious parents
The Role Of Individual Substantive Rights In A Constitutional Technocracy, Abigail R. Moncrieff
The Role Of Individual Substantive Rights In A Constitutional Technocracy, Abigail R. Moncrieff
Abigail R. Moncrieff
This article presents a novel theory of substantive constitutional rights and of the role that they play in an increasingly technocratic legal world. The central descriptive assertion is that substantive rights serve as presumptions in favor of private ordering, which protect a limited set of regulatory regimes from technocratic tinkering, and that the characteristic that defines the set of protected regimes is a high degree of economic and moral uncertainty. Decisions to engage in speech, religion, association, reproduction, and parenting—the decisions that receive substantive constitutional protection under modern doctrine—are decisions that are of unusually uncertain individual and social value. The …
Title Ix: The Trojan Horse In The Struggle For Female Athletic Coaches To Attain Equal Opportunities In Intercollegiate Sports, Ryan Richman
Title Ix: The Trojan Horse In The Struggle For Female Athletic Coaches To Attain Equal Opportunities In Intercollegiate Sports, Ryan Richman
Ryan Richman
The enactment of Title IX of the Education Amendments Acts of the 1970s has significantly altered the framework of females in coaching athletic teams. The purpose of Title IX is to provide all women with educational opportunities in both the academic and athletic realm. Generally, Title IX is thought to have been an enormous advancement for females participating in athletics, but as my note explores, it has not been effective in all areas, particularly intercollegiate female coaches. In fact, it is quite the opposite, and since the enactment of Title IX, the number of female coaches has been cut almost …
The "Plus One" Clinic: Adding (Political) Value To The Clinical Experience By Representing Landlords Alongside Tenants, Raja Raghunath
The "Plus One" Clinic: Adding (Political) Value To The Clinical Experience By Representing Landlords Alongside Tenants, Raja Raghunath
Raja Raghunath
This article proposes a novel clinical methodology for teaching “political” values, which it defines as values that are not encompassed by the Rules of Professional Conduct, but extend beyond personal morality, and include the values that fall under the Carnegie Report’s “third apprenticeship” of professional education. Under the “plus one” approach, a clinic with an existing docket of eviction defense representation would add to that docket at least one case representing a landlord seeking to evict a tenant, and a clinic representing workers in wage or employment discrimination claims would add at least one case representing an employer defending one …
King And The Crits: Exploring The Length And Limits Of Dr. Martin Luther King Junior’S Vision Of Legal Justice, Carlton Waterhouse
King And The Crits: Exploring The Length And Limits Of Dr. Martin Luther King Junior’S Vision Of Legal Justice, Carlton Waterhouse
Carlton Waterhouse
ABSTRACT The notion of legal justice has been recognized since the time of the ancient Greeks and the concept extends well beyond Western philosophy and jurisprudence. Distinct from other types of justice, legal justice addresses the nature of law and its dictates as well as the responsibility of citizens to obey it. Although Dr. Martin Luther King, Jr. lacked the developed legal analysis of jurisprudence scholars, Dr. King made a meaningful contribution to jurisprudence discourse of his time by opening the discussion to the broader society and centering it on a critical issue of his day – racial segregation. This …
Decriminalizing Profitable Human Organ Exchange For Organ Sources; Improving Our Nation’S Exchange Paradigm Using The Millian Harm Principle, Zachary C. Meeks
Decriminalizing Profitable Human Organ Exchange For Organ Sources; Improving Our Nation’S Exchange Paradigm Using The Millian Harm Principle, Zachary C. Meeks
Zachary C Meeks
The National Organ Transplant Act (NOTA) and the Uniform Anatomical Gift Act (UAGA) lack jurisdictional legitimacy in prohibiting a profitable human organ exchange. The primary focus of this note is explaining this lack of legitimacy, not the advocacy of particular forms of profitable exchange. Using John Stuart Mill’s harm principle, I will show why imposing criminal liability for profitable human organ exchange remains outside the scope of legitimate government coercion in a free society. The legislative paternalism of NOTA and UAGA illegitimately restrict the liberty of desperately ill people in procuring a life-saving organ and the liberty of people who …
Coalition, Cross-Cultural Lawyering, And Intersectionality: Immigrant Identity As A Barrier To Effective Legal Counseling For Domestic Violence Victims, Jessica H. Stein
Coalition, Cross-Cultural Lawyering, And Intersectionality: Immigrant Identity As A Barrier To Effective Legal Counseling For Domestic Violence Victims, Jessica H. Stein
Jessica Stein
Cultural differences can be the most difficult barrier to overcome and the hardest to define when working with immigrant victims of domestic violence. This issue also seems to be the most puzzling and frustrating to attorneys, with answers that can be uncomfortable and that offend a progressive, liberal sense of lawyering. Drawing on critical race theory, I argue that the problems faced by immigrant victims in seeking help can only be solved by the recognition of the intersectionalities apparent in immigrant domestic violence cases, by the use and encouragement of cross-cultural lawyering, requiring a sincere effort by attorneys to be …
Relational Malpractice And The Transformation Of Healthcare Law, Sagit Mor, Orna Rabinovich-Einy
Relational Malpractice And The Transformation Of Healthcare Law, Sagit Mor, Orna Rabinovich-Einy
Sagit Mor
Legal scholarship in recent decades has devoted considerable attention to the "malpractice crisis." However, the vast majority of this literature has overlooked the essence of the problem. Mainstream legal writing on malpractice has tended to frame the problem as either an insurance crisis or a litigation crisis. In this article, we offer an alternative understanding of the nature of the current malpractice predicament: the decline of the doctor-patient relationship. We highlight the fact that contemporary doctor-patient interactions resemble a battle zone: a majority of physicians view "every patient as a potential malpractice lawsuit," while patients complain that their physicians are …