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Articles 31 - 60 of 118
Full-Text Articles in Law
Fracturing Misconceptions: A History Of Effective State Regulation, Groundwater Protection, And The Ill-Conceived Frac Act, Wes Deweese
Oklahoma Journal of Law and Technology
No abstract provided.
Can Schools Use Nanotechnology To Prevent Cell Phones From Ringing, Sarah C. Boyer
Can Schools Use Nanotechnology To Prevent Cell Phones From Ringing, Sarah C. Boyer
Oklahoma Journal of Law and Technology
No abstract provided.
Small Change, Big Consequences — Partial Medicaid Expansions Under The Aca, Adrianna Mcintyre, Allan M. Joseph, Nicholas Bagley
Small Change, Big Consequences — Partial Medicaid Expansions Under The Aca, Adrianna Mcintyre, Allan M. Joseph, Nicholas Bagley
Articles
Though congressional efforts to repeal and replace the Affordable Care Act (ACA) seem to have stalled, the Trump administration retains broad executive authority to reshape the health care landscape. Perhaps the most consequential choices that the administration will make pertain to Medicaid, which today covers more than 1 in 5 Americans. Much has been made of proposals to introduce work requirements or cost sharing to the program. But another decision of arguably greater long-term significance has been overlooked: whether to allow “partial expansions” pursuant to a state Medicaid waiver. Arkansas has already submitted a waiver request for a partial expansion, …
Pain In The Ash? Epa's Proposed Regulation Of Fly Ash And The Impending Economic Threat To Sustainable Concrete, Briana Novian
Pain In The Ash? Epa's Proposed Regulation Of Fly Ash And The Impending Economic Threat To Sustainable Concrete, Briana Novian
Oklahoma Journal of Law and Technology
No abstract provided.
Something New Under The Sun: The Drecp And Utility-Scale Solar On The New Energy Frontier, Brent Resh
Something New Under The Sun: The Drecp And Utility-Scale Solar On The New Energy Frontier, Brent Resh
Nevada Law Journal
No abstract provided.
Warfare As Regulation, Robert Knowles
Warfare As Regulation, Robert Knowles
Washington and Lee Law Review
The United States government’s national security activities, including the use of force, consume more than half of all federal discretionary spending and are carried out by the world’s largest bureaucracy. Yet existing scholarship treats these activities as conduct to be regulated, rather than as forms of regulatory action.
This Article introduces a new paradigm for depicting what agencies involved in national security do. It posits that, like other agencies, the national security bureaucracy is best understood to be engaging in regulatory activity—by targeting, detaining, interrogating, and prosecuting enemies; patrolling the border; and conducting surveillance and covert actions. Also, like other …
Rwu First Amendment Blog: Jared A. Goldstein's Blog: Ri's Conversion Therapy Ban Protects Lgbtq Youth And It's Constitutional 08-09-2017, Jared A. Goldstein
Rwu First Amendment Blog: Jared A. Goldstein's Blog: Ri's Conversion Therapy Ban Protects Lgbtq Youth And It's Constitutional 08-09-2017, Jared A. Goldstein
Law School Blogs
No abstract provided.
Gun Control To Major Tom: An Analysis Of Failed Gun Regulations And The Terrorist Watchlist, Paolo G. Corso
Gun Control To Major Tom: An Analysis Of Failed Gun Regulations And The Terrorist Watchlist, Paolo G. Corso
University of Massachusetts Law Review
As a division of the Federal Bureau of Investigation’s National Security Branch, the Terrorist Screening Center maintains the Terrorist Watchlist, a central database for identifying individuals known or suspected to engage in terrorism or terrorist activities. Subsumed under the Terrorist Watchlist is the No Fly List, which prohibits individuals from boarding commercial aircrafts in and out of the United States. Placement on either list presumes named individuals as a potential threat to U.S. national security, yet there is no restriction preventing them from legally purchasing firearms. Following a mass shooting at an Orlando nightclub in June of 2016, which was …
Stock Market Futurism, Merritt Fox, Gabriel Rauterberg
Stock Market Futurism, Merritt Fox, Gabriel Rauterberg
Articles
The U.S. stock market is undergoing extraordinary upheaval. The approval of the application of the Investors Exchange (IEX) to become the nation's newest stock exchange, including its famous "speed bump," was one of the SEC's most controversial decisions in decades. Other exchanges have proposed a raft of new innovations in its wake. This evolving equity market is a critical piece of national infrastructure, but the regulatory scheme for its institutions is increasingly frayed. In particular, current regulation draws sharp distinctions among different kinds of markets for trading stocks, treating stock exchanges as self-regulatory organizations immune from private civil litigation, while …
Scaling "Local": The Implications Of Greenhouse Gas Regulation In San Bernardino County, Hari M. Osofsky
Scaling "Local": The Implications Of Greenhouse Gas Regulation In San Bernardino County, Hari M. Osofsky
Hari Osofsky
This Essay analyzes local climate regulation in San Bernardino County as a window into the complexities of defining a local scale in an interconnected world. In so doing, it aims to contribute to the Symposium's broader dialogue about "Territory Without Boundaries" and the Panel's more specific discussion of "Urban Territory in a Global World." As a purely territorial matter, U.S. cities and counties differ substantially in their sizes, the quantity and physical characteristics of their land, the size and density of their populations, and the needs of their citizens. Structurally, these localities remain administrative subunits of states, but they also …
The Government’S Role In Unleashing Impact Investing’S Full Potential, Chelsea Mcgrath
The Government’S Role In Unleashing Impact Investing’S Full Potential, Chelsea Mcgrath
Pepperdine Law Review
Impact investing refers to investments made in organizations, companies, or funds with the intent to generate measurable social or environmental impact along with a financial return. Since its start in 2008, this industry has become a vibrant tool to address a wide variety of local and global issues, resulting in higher standards of living, lower rates of prison recidivism, clean technology and more. Impact investing is no longer a novel concept. Rather, it has successfully pushed the boundaries from the separate methods of conventional investing and philanthropy, blending them together to create sustainable solutions to social and environmental problems. By …
Constitutional Law—Why Amending The Consitution To Overrule Citizens United Is The Wrong Way To Fix Campaign Finance In The United States, Zachary Hale
University of Arkansas at Little Rock Law Review
No abstract provided.
Reforming State Laws On How Businesses Can Ban Guns: "No Guns" Signs, Property Rights, And The First Amendment, Christine M. Quinn
Reforming State Laws On How Businesses Can Ban Guns: "No Guns" Signs, Property Rights, And The First Amendment, Christine M. Quinn
University of Michigan Journal of Law Reform
Every state has different regulations regarding how businesses can ban guns. Some states mandate that specific signs be posted in specific places while other states say nothing on the issue. This Note first establishes that even under Heller and McDonald, private business owners have a right to control their private property, which includes a right to prohibit their customers from carrying firearms into their buildings. It then introduces some states’ requirements for “No Guns” signs and examines their weaknesses, particularly from a First Amendment, compelled speech perspective. The Note concludes that some current state regulations are ineffective, unclear, and outright …
Why Dfs Requires Regulation Regardless Of Whether It Is Skill Based: An Outline Of The Growth Of Fantasy Sports, The Scandals, And A Return To Gaming In The United States, Christopher L. Blandford
Why Dfs Requires Regulation Regardless Of Whether It Is Skill Based: An Outline Of The Growth Of Fantasy Sports, The Scandals, And A Return To Gaming In The United States, Christopher L. Blandford
UNLV Gaming Law Journal
No abstract provided.
The Case For Federal Preemption Of State Blue Sky Laws, Rutheford B. Campbell Jr.
The Case For Federal Preemption Of State Blue Sky Laws, Rutheford B. Campbell Jr.
Law Faculty Popular Media
In our market economy, imposing rules on capital formation makes economic sense. Well-constructed rules regarding capital formation can promote the efficient flow of capital to its highest and best use and prevent or ameliorate fraud or unfairness to investors. These rules, however, generate additional offering costs that may retard or in some cases completely choke off the flow of capital from investors to businesses. The problem with state blue sky laws is their registration requirements, which significantly impede efficient capital formation and provide no material economic or societal benefits, such as protection of investors from fraud.
Through The Lens Of Complex Systems Theory: Why Regulators Must Understand The Economy And Society As A Complex System, James M. Giudice
Through The Lens Of Complex Systems Theory: Why Regulators Must Understand The Economy And Society As A Complex System, James M. Giudice
University of Richmond Law Review
No abstract provided.
The Future Of The Practice Of Law: Can Alternative Business Structures For The Legal Profession Improve Access To Legal Services?, James M. Mccauley
The Future Of The Practice Of Law: Can Alternative Business Structures For The Legal Profession Improve Access To Legal Services?, James M. Mccauley
University of Richmond Law Review
No abstract provided.
The Eeoc, The Ada, And Workplace Wellness Programs, Samuel R. Bagenstos
The Eeoc, The Ada, And Workplace Wellness Programs, Samuel R. Bagenstos
Articles
It seems that everybody loves workplace wellness programs. The Chamber of Commerce has firmly endorsed those progarms, as have other business groups. So has President Obama, and even liberal firebrands like former Senator Tom Harkin. And why not? After all, what's not to like about programs that encourage people to adopt healthy habits like exercise, nutritious eating, and quitting smoking? The proponents of these programs speak passionately, and with evident good intentions, about reducing the crushing burden that chronic disease places on individuals, families, communities, and the economy as a whole. What's not to like? Plenty. Workplace wellness programs are …
The Cfpb Proposed Arbitration Ban, The Rule, The Data, And Some Considerations For Change, Ramona L. Lampley
The Cfpb Proposed Arbitration Ban, The Rule, The Data, And Some Considerations For Change, Ramona L. Lampley
Faculty Articles
Predispute consumer arbitration has sparked energetic debate and sharply divides the utility of the class action versus the utility of individual arbitration. Thus far, the U.S. Supreme Court’s jurisprudence has given a “thumbs up” approach to predispute consumer arbitration waivers, which almost always include a class waiver agreement. Congress showed little interest in amending the Federal Arbitration Act (“FAA”), even for consumer cases. It seems that consumer arbitration was the “wild west” of the law, in that it was largely unregulated and could direct claims to the black hole of private dispute resolution. In May 2016, the Consumer Financial Protection …
Remedial Restraint In Administrative Law, Nicholas Bagley
Remedial Restraint In Administrative Law, Nicholas Bagley
Articles
When a court determines that an agency action violates the Administrative Procedure Act, the conventional remedy is to invalidate the action and remand to the agency. Only rarely do the courts entertain the possibility of holding agency errors harmless. The courts’ strict approach to error holds some appeal: Better a hard rule that encourages procedural fastidiousness than a remedial standard that might tempt agencies to cut corners. But the benefits of this rule-bound approach are more elusive, and the costs much larger, than is commonly assumed. Across a wide range of cases, the reflexive invalidation of agency action appears wildly …
Federalism And The End Of Obamacare, Nicholas Bagley
Federalism And The End Of Obamacare, Nicholas Bagley
Articles
Federalism has become a watchword in the acrimonious debate over a possible replacement for the Affordable Care Act (ACA). Missing from that debate, however, is a theoretically grounded and empirically informed understanding of how best to allocate power between the federal government and the states. For health reform, the conventional arguments in favor of a national solution have little resonance: federal intervention will not avoid a race to the bottom, prevent externalities, or protect minority groups from state discrimination. Instead, federal action is necessary to overcome the states’ fiscal limitations: their inability to deficit-spend and the constraints that federal law …
My Body, Not My Say: How Roe V. Wade Endangers Women's Autonomy, Kisha K. Patel
My Body, Not My Say: How Roe V. Wade Endangers Women's Autonomy, Kisha K. Patel
Politics Honors Papers
When defining women’s rights to reproductive decisions in Roe v. Wade, Justice Blackmun fails to ensure protection for women by defining this right in the privacy doctrine. Justice Blackmun’s opinion allows the government to interpret and apply the doctrine to deny women access and availability to reproductive health. This can be shown by the subsequent Supreme Court decisions on privacy that allow the government to overrule the right of the individual woman. This allows for the government to effectively deny women the right to abortion and ultimately prevents women from making independent autonomous decisions. The laws and regulations against …
A Return To The Crossroads: Farming, Nutrient Loss, And Conservation, Jonathan Coppess
A Return To The Crossroads: Farming, Nutrient Loss, And Conservation, Jonathan Coppess
University of Arkansas at Little Rock Law Review
No abstract provided.
An Examination Of Trans Fat Labeling: Splitting The Third & Ninth Circuit, Jack Gainey
An Examination Of Trans Fat Labeling: Splitting The Third & Ninth Circuit, Jack Gainey
Washington and Lee Journal of Civil Rights and Social Justice
At first glance, consumer claims alleging misleading labeling would seem to find a simple resolution. Under 21 U.S.C. § 343, which governs misbranded food, a food product is misbranded if “its labeling is false or misleading.” However, controversial interpretation of seemingly straightforward statutory language, together with evolving case law, have blurred a once clear picture. Disagreement over the federal preemption of consumer claims regarding trans fat, underscored by a dispute regarding standing, have combined to create a divergence of opinions between courts across the country.
In 2011, the United States District Court for the Northern District of California considered a …
Between Sin And Redemption: Duty, Purpose, And Regulation In Religious Corporations, Brett H. Mcdonnell
Between Sin And Redemption: Duty, Purpose, And Regulation In Religious Corporations, Brett H. Mcdonnell
Washington and Lee Law Review
No abstract provided.
Supervising Outsourcing: The Need For Better Design Of Blended Governance, Nina A. Mendelson
Supervising Outsourcing: The Need For Better Design Of Blended Governance, Nina A. Mendelson
Book Chapters
We are long past the “vending machine”-style privatization of government functions – where the government contracts to buy a discrete product or service at a set price, whether aircraft components or landscaping. Government is increasingly enlisting, or collaborating with, private entities for functions long perceived as distinctly public. Private entities may make policy explicitly (through standards that agencies later adopt) or implicitly (through the third party verification of compliance with regulatory objectives). For example, the Department of Health and Human Services relies on the recommendations of an American Medical Association committee of specialist physicians to establish Medicare physician payments, while …
The Only Legitimate Rule: A Reply To Maclean's Critique Of Ecolawgic, Bruce Pardy
The Only Legitimate Rule: A Reply To Maclean's Critique Of Ecolawgic, Bruce Pardy
Dalhousie Law Journal
Is autonomy "natural"? In Ecolawgic: The Logic of Ecosystems and the Rule of Law, I argue that a legal system of intrinsic neutrality is one over which no political office or branch of government has control and in which individuals have the autonomy to pursue their own interests. In 'Autonomy in the Anthropocene," the preceding article in this issue, Jason MacLean challenges the thesis of Ecolawgic. MacLean argues that autonomy is not a feature of neutral legal systems but a product of cultural norms and regulation. He maintains that Ecolawgic's prescription provides neither optimal economic outcomes nor effective environmental protection. …
Autonomy In The Anthropocene? Libertarianism, Liberalism And The Legal Theory Of Environmental Regulation, Jason Maclean
Autonomy In The Anthropocene? Libertarianism, Liberalism And The Legal Theory Of Environmental Regulation, Jason Maclean
Dalhousie Law Journal
Can there be autonomy in the Anthropocene? Libertarian environmental law scholar Bruce Pardy's Ecolawgic: The Logic of Ecosystems and the Rule of Law argues that contemporary environmental law violates the right to autonomy and runs afoul of the rule of law. Pardyproposes an alternative model ofenvironmental law premised on the logic of ecosystems and free markets. Pardy's Ecolawgic suffers, however from the very same conceptual infirmities that substantially undermine the real-world application of the free market paradigm on which Ecolawgic is largely based. Notwithstanding this critical flaw, Ecolawgic may be read as an aspirational model of environmental law and policy …
The Significance Of The Systemic Relative Autonomy Of Labour Law, Bruce P. Archibald
The Significance Of The Systemic Relative Autonomy Of Labour Law, Bruce P. Archibald
Dalhousie Law Journal
The extent to which labour and employment law form an autonomous subsystem within the legal order is a significant matter in labour relations scholarship. Human capability theory helps explain how open legal constructs for structuring personal work relations are emerging in a relatively autonomous manner Similarly concepts of relational rights and relational contract theory assist in understanding the relatively autonomous development of restorative labour market regulation, with both substantive and procedural dimensions. Moreover dramatic changes in freedom of association doctrine under the Charter, which now procedurally protect collective bargaining, the right to strike and the independence of unions from management, …
Legal Challenges Facing Unmanned Aerial Systems And Commercial Agriculture, Peggy Kirk Hall, Rusty Rumley
Legal Challenges Facing Unmanned Aerial Systems And Commercial Agriculture, Peggy Kirk Hall, Rusty Rumley
University of Arkansas at Little Rock Law Review
No abstract provided.