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Articles 1 - 9 of 9
Full-Text Articles in Law
The Growing Regulatory State Of Banking, Alberto R. Gonzales
The Growing Regulatory State Of Banking, Alberto R. Gonzales
Law Faculty Scholarship
Our country has often struggled with finding the right balance between too little and too much regulation. Some regulation and oversight is necessary--if for nothing more than to level the playing field. The danger, of course, is that government officials often do not fully appreciate how the heavy hand of regulation affects business, nor anticipate how legislation will affect the markets long term. Lawmakers in several states have introduced resolutions calling on Congress to spit up big banks by separating traditional banking services and investment banking. Five years after the financial crisis, these state resolutions show there is still public …
What Implications Will The Supreme Court's Taxing Power Decision Have On The Goals Of The Affordable Care Act And Healthcare?, Alberto R. Gonzales, Donald B. Stuart
What Implications Will The Supreme Court's Taxing Power Decision Have On The Goals Of The Affordable Care Act And Healthcare?, Alberto R. Gonzales, Donald B. Stuart
Law Faculty Scholarship
One of the signature achievements of the Obama Administration is the Affordable Care Act. The Act represents a massive change to the country's healthcare system that includes an individual mandate requiring certain individuals to purchase health insurance or pay a penalty. In 2012, the U.S. Supreme Court upheld this individual mandate under Congress's taxing power. This Comment will examine the implications of the Court's decision on the individual mandate and the Court's taxing power analysis. A primary objective of the Act is to have more Americans covered by health insurance. This Comment suggests the Court's decision may ultimately result in …
Drones: The Power To Kill, Alberto R. Gonzales
Drones: The Power To Kill, Alberto R. Gonzales
Law Faculty Scholarship
After the terrorist attacks on September 11th, 2001, the Bush Administration began the use of unmanned armed aerial drones to pursue targets in Afghanistan and Pakistan. The Obama Administration has continued this policy, expanding it to pursue substantially more targets in Yemen and new ones in Pakistan. This Article analyzes the Obama Administration’s procedures for placing American citizens on the list of targets for drone strikes and proposes additional measures that Congress and the President can take to ensure that the procedures comply with constitutional guarantees of due process. This Article uses Supreme Court precedents on enemy combatant designations and …
Post-Crawford: Were Recent Changes To State Voter Id Laws Really Necessary To Prevent Voter Fraud And Protect The Electoral Process?, Tracey Carter
Post-Crawford: Were Recent Changes To State Voter Id Laws Really Necessary To Prevent Voter Fraud And Protect The Electoral Process?, Tracey Carter
Law Faculty Scholarship
Voter identification (ID) was the hottest topic in election law debates in numerous state legislatures throughout 2011 and 2012. In fact, in 2012, voter ID legislation was introduced in 32 states. The 2008 U.S. Supreme Court decision in Crawford v. Marion County Election Board served as the impetus for the flurry of recent changes in state voter ID laws across the country. In the Crawford decision, the Supreme Court upheld restrictions on voting, specifically upholding strict photo identification requirements when voting in person at the polls on Election Day. This article discusses the right to vote, recent voter photo ID …
White Collar Over-Criminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan
White Collar Over-Criminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan
Law Faculty Scholarship
Overcriminalization takes many forms and impacts the American criminal justice system in varying ways. This article focuses on a select portion of this phenomenon by examining two types of overcriminalization prevalent in white collar criminal law. The first type of over criminalization discussed in this article is Congress’s propensity for increasing the maximum criminal penalties for white collar offenses in an effort to punish financial criminals more harshly while simultaneously deterring others. The second type of overcriminalization addressed is Congress’s tendency to create vague and overlapping criminal provisions in areas already criminalized in an effort to expand the tools available …
Pleading Innocents: Laboratory Evidence Of Plea Bargaining's Innocence Problem, Vanessa Edkins, Lucian E. Dervan
Pleading Innocents: Laboratory Evidence Of Plea Bargaining's Innocence Problem, Vanessa Edkins, Lucian E. Dervan
Law Faculty Scholarship
We investigated plea bargaining by making students actually guilty or innocent of a cheating offense and varying the sentence that they would face if found ‘guilty’ by a review board. As hypothesized, guilty students were more likely than innocent students to accept a plea deal (i.e., admit guilt and lose credit; akin to accepting a sentence of probation) (Chi-square=8.63, p<.01) but we did not find an effect of sentence severity. Innocent students, though not as likely to plead as guilty students, showed an overall preference (56% across conditions) for accepting a plea deal. Implications and future directions are discussed.
The Innocent Defendant’S Dilemma: An Innovative Empirical Study Of Plea Bargaining’S Innocence Problem, Lucian E. Dervan, Vanessa Edkins
The Innocent Defendant’S Dilemma: An Innovative Empirical Study Of Plea Bargaining’S Innocence Problem, Lucian E. Dervan, Vanessa Edkins
Law Faculty Scholarship
In 1989, Ada JoAnn Taylor was accused of murder and presented with stark options. If she pleaded guilty, she would be rewarded with a sentence of ten to forty years in prison. If, however, she proceeded to trial and was convicted, she would likely spend the rest of her life behind bars. Over a thousand miles away in Florida and more than twenty years later, a college student was accused of cheating and presented with her own incentives to admit wrongdoing and save the university the time and expense of proceeding before a disciplinary review board. Both women decided the …
Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman
Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman
Law Faculty Scholarship
Within American society, there is a general sense that changing the rules after the game has been played is unfair. While state legislatures more often enact prospective legislation, they nevertheless still regularly engage in retroactive civil lawmaking. In essence, state legislatures are changing the rules after the game has been played. Most Americans inaccurately assume such measures are unconstitutional under the federal constitution. Although several provisions of the United States Constitution offer potential sources of constitutional constraint upon retroactive civil lawmaking, ultimately, as they have been interpreted by the United States Supreme Court, these protections are extremely narrow, largely hollow, …
Black Armbands, 'Boobies' Bracelets And The Need To Protect Student Speech, David L. Hudson Jr.
Black Armbands, 'Boobies' Bracelets And The Need To Protect Student Speech, David L. Hudson Jr.
Law Faculty Scholarship
Discusses the precedential value of the Tinker v. Des Moines Independent School District decision in the current Boobies Bracelets debate.