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Articles 31 - 60 of 287
Full-Text Articles in Law
A New Law To "Save" Youth From Survival Sex Will Force Them Into State Custody, Brendan M. Conner Esq.
A New Law To "Save" Youth From Survival Sex Will Force Them Into State Custody, Brendan M. Conner Esq.
Brendan M. Conner
It’s not novel that minors in the US can, in very rare cases, be sentenced to reform programs or secure confinement for actions that wouldn’t be illegal if adults did them. But the system used to punish youth for the likes of skipping school or drinking has never been used systematically to address cases where minors engage in survival sex – meaning, youths who exchange sex for money, shelter, food, drugs or other needs.
That is about to change, even though treating juveniles charged with prostitution like truants will increase arrests and extend court-involvement and institutionalization of victims.
On 29 …
The Case Against Federalizing Trade Secrecy, Christopher B. Seaman
The Case Against Federalizing Trade Secrecy, Christopher B. Seaman
Christopher B. Seaman
Trade secrecy is unique among the major intellectual property (IP) doctrines because it is governed primarily by state law. Recently, however, a number of influential actors — including legislators, academics, and organizations representing IP attorneys and owners — have proposed creating a private civil cause of action for trade secret misappropriation under federal law. Proponents assert that federalizing trade secrecy would provide numerous benefits, including substantive uniformity, the availability of a federal forum for misappropriation litigation, and the creation of a unified national regime governing IP rights. This Article engages in the first systematic critique of the claim that federalizing …
Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Brendan M. Conner Esq.
Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Brendan M. Conner Esq.
Brendan M. Conner
Jurisdictional Standards (And Rules), Adam I. Muchmore
Jurisdictional Standards (And Rules), Adam I. Muchmore
Adam I. Muchmore
This Article uses the jurisprudential dichotomy between two opposing types of legal requirements — “rules” and “standards” — to examine extraterritorial regulation by the United States. It argues that there is natural push toward standards in extraterritorial regulation because numerous institutional actors either see standards as the best option in extraterritorial regulation or accept standards as a second-best option when their first choice (a rule favorable to their interests or their worldview) is not feasible. The Article explores several reasons for this push toward standards, including: statutory text, statutory interpretation theories, the nonbinary nature of the domestic/foreign characterization, the tendency …
Sound Recordings, Works For Hire, And The Termination-Of-Transfers Time Bomb, David Nimmer, Peter S. Menell
Sound Recordings, Works For Hire, And The Termination-Of-Transfers Time Bomb, David Nimmer, Peter S. Menell
Peter Menell
No abstract provided.
The Erosion Of The Principle That The Government Must Follow Self-Imposed Rules, Rodney A. Smolla
The Erosion Of The Principle That The Government Must Follow Self-Imposed Rules, Rodney A. Smolla
Rod Smolla
No abstract provided.
Involuntary Cotenants: Eminent Domain And Energy And Communications Infrastructure Growth, Andrew P. Morriss, Roy Brandys, Michael M. Barron
Involuntary Cotenants: Eminent Domain And Energy And Communications Infrastructure Growth, Andrew P. Morriss, Roy Brandys, Michael M. Barron
Andrew P. Morriss
No abstract provided.
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Saule T. Omarova
The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of …
Businesses Are People Too? Anomalies In Widening The Ambits Of "Consumer" Under Consumer Credit Law, Francina Cantatore, Brenda Marshall
Businesses Are People Too? Anomalies In Widening The Ambits Of "Consumer" Under Consumer Credit Law, Francina Cantatore, Brenda Marshall
Brenda Marshall
This article examines the position of the small business as "consumer" under existing consumer protection legislation and the incongruities arising from this characterisation in the area of consumer credit regulation. While the inclusion of small businesses may be defensible under the Australian Consumer Law, it is contended that this is not the case in consumer credit regulation. It is arguable that such an inclusion impacts significantly on commercial dealings and could have a lasting effect on the availability of credit to small businesses. The effects of treating businesses as consumers in relation to consumer credit transactions are far-reaching, potentially affecting …
Religion And Democracy, Steven Shiffrin
Responsible Lending Compliance: A “Common Sense” Approach, Francina Cantatore
Responsible Lending Compliance: A “Common Sense” Approach, Francina Cantatore
Francina Cantatore
In the wake of the July 2013 Enhancements to the National Consumer Credit Protection Act it has been necessary for credit providers to review and update their responsible lending processes. A year later, it is timely to assess whether enough has been done, and to consider if lenders are compliant. Inevitably, some grey areas exist under the new law which lenders need to deal with, and this paper will address some of those issues. Responsible lending is not a new phenomenon. It has been in place for consumer credit loans for some time; however, the recent enhancements required a revision …
Avoiding The Pitfalls: Advertising In A Competitive Market, Francina Cantatore
Avoiding The Pitfalls: Advertising In A Competitive Market, Francina Cantatore
Francina Cantatore
The consumer credit industry is a competitive market which is facing challenging times in view of more stringent regulation in recent times. Advertising is an essential ingredient in generating business in this environment, thus an awareness of acceptable advertising parameters is important for credit providers. Not only do organisations face civil and criminal sanctions for transgressions of the legislation, but directors and managers may be personally liable for misleading or deceptive advertising. This paper deals with a discussion of advertising legislation and current developments; advertising interest rates and requirements for comparison rates; false or misleading advertising and ASIC Guidelines; including …
Penal Policy And Penal Legislation In Recent American Experience, Franklin E. Zimring
Penal Policy And Penal Legislation In Recent American Experience, Franklin E. Zimring
Franklin E. Zimring
offers a look on the origins and careers of proposals for penal legislation in a time of radical change in the U.S. Descriptions of where penal policy is made in the U.S. governmental system; Information on issues of quality control in shaping, passing, implementing and reviewing penal legislation in recent U.S. experience; Role of penal legislation in changing penal practices in the past generation.
Reading Statutes In The Common Law Tradition, Jeffrey A. Pojanowski
Reading Statutes In The Common Law Tradition, Jeffrey A. Pojanowski
Jeffrey A. Pojanowski
There is wide agreement in American law and scholarship about the role the common law tradition plays in statutory interpretation. Jurists and scholars of various stripes concur that the common law points away from formalist interpretive approaches like textualism and toward a more creative, independent role for courts. They simply differ over whether the common law tradition is worth preserving. Dynamic and strongly purposive interpreters claim the Anglo-American common law heritage in support of their approach to statutory interpretation, while arguing that formalism is an unjustified break from that tradition. Formalists reply that the common law mindset and methods are …
Reflections On The Past, Looking To The Future: The Fair Housing Act At 40, John A. Powell
Reflections On The Past, Looking To The Future: The Fair Housing Act At 40, John A. Powell
john a. powell
A summary is presented of the Fair Housing Act that was introduced in the U.S. 40 years ago to address the housing challenges.
Model No More: Querulent Behaviour, Vexatious Litigants And The Vexatious Proceedings Act 2005 (Qld), Narelle Bedford, Monica Taylor
Model No More: Querulent Behaviour, Vexatious Litigants And The Vexatious Proceedings Act 2005 (Qld), Narelle Bedford, Monica Taylor
Narelle Bedford
This article examines the history and development of vexatious proceedings legislation in Queensland. It undertakes a case study of declared vexatious litigants and analyses the effectiveness of a legislative response. In light of recent national and international reforms, this article argues that the current legislative approach to dealing with vexatious proceedings in Queensland is no longer model and requires reformulation. It asserts that a system of graduated litigation limitation orders would provide for a more nuanced response to the issue of vexatious and querulous behaviour. The article concludes by emphasising the value of a multidimensional approach which includes practical, early …
Decisions Rules And Conduct Rules: On Acoustic Separation In Criminal Law, Meir Dan-Cohen
Decisions Rules And Conduct Rules: On Acoustic Separation In Criminal Law, Meir Dan-Cohen
Meir Dan-Cohen
No abstract provided.
The Neomercantilist Fallacy And The Contextual Reality Of The Foreign Corrupt Practices Act, Philip Nichols
The Neomercantilist Fallacy And The Contextual Reality Of The Foreign Corrupt Practices Act, Philip Nichols
Philip M. Nichols
The Foreign Corrupt Practices Act is domestic legislation and should be analyzed as such. This article addresses a persistent failure in analysis of the Act, by scholars and policymakers alike. Many discussions of the Act approach it from a neomercantilist perspective. This approach contains three flaws. First, whereas neomercantilism envisions manipulation of the market to give advantage to national champion industries, the Foreign Corrupt Practices Act was adopted for the purpose of strengthening and enhancing the integrity of the global market. A neomercantilist perspective is contrary to the purpose of the Act. Second, this article shows that neomercantilism fundamentally misunderstands …
The Aftermath Of Governor Mcdonnell’S Corruption Trial: Proposing Comprehensive Ethics Reform In Virginia, Lisa J. Lindhorst
The Aftermath Of Governor Mcdonnell’S Corruption Trial: Proposing Comprehensive Ethics Reform In Virginia, Lisa J. Lindhorst
Lisa J Lindhorst
On September 4, 2014, a federal court convicted former governor of Virginia Bob McDonnell of eleven counts of corruption, bribery, and fraud for accepting over $165,000 worth of gifts and loans from the CEO of a local company. The egregious actions that led to these federal criminal convictions, however, were startlingly “legal” under Virginia’s ethics laws. The disparity between federal criminal standards and Virginia’s ethics standards illustrates the severe inadequacies that plague Virginia’s current system of ethics laws. Virginia’s absence of appropriate ethics laws and enforcement led to the state’s failing State Integrity Investigation grade, and the public acknowledgment by …
Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica Carusello
Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica Carusello
Monica B Carusello
No abstract provided.
Wrecking Ball Disguised As Law Reform: Alec's Model Act On Private Enforcement Of Consumer Protection Statutes, Dee Pridgen
Wrecking Ball Disguised As Law Reform: Alec's Model Act On Private Enforcement Of Consumer Protection Statutes, Dee Pridgen
Dee Pridgen
The consumer protection statutes of every state are currently under attack by a proposed model law that would effectively eliminate the critical private enforcement provisions that give these laws their power. The American Legislative Exchange Council (ALEC) has produced a purported law reform vehicle that is actually a wrecking ball to destroy one of the building blocks of consumer protection, namely the private enforcement of state unfair and deceptive practices acts. It does this by systematically weakening each and every provision of these laws, such as lower burdens of proof, special damages, and attorney’s fees, that were designed to provide …
Civil Asset Recovery: The American Experience, Stefan D. Cassella
Civil Asset Recovery: The American Experience, Stefan D. Cassella
Stefan D Cassella
Taking Distribution Seriously, Robert C. Hockett
Taking Distribution Seriously, Robert C. Hockett
Robert C. Hockett
It is common for legal theorists and policy analysts to think and communicate mainly in maximizing terms. What is less common is for them to notice that each time we speak explicitly of socially maximizing one thing, we speak implicitly of distributing another thing and equalizing yet another thing. We also, moreover, effectively define ourselves and our fellow citizens by reference to that which we equalize; for it is in virtue of the latter that our social welfare formulations treat us as “counting” for purposes of socially aggregating and maximizing. To attend systematically to the inter-translatability of maximization language on …
Minding The Gaps: Fairness, Welfare, And The Constitutive Structure Of Distributive Assessment, Robert C. Hockett
Minding The Gaps: Fairness, Welfare, And The Constitutive Structure Of Distributive Assessment, Robert C. Hockett
Robert C. Hockett
Despite over a century’s disputation and attendant opportunity for clarification, the field of inquiry now loosely labeled “welfare economics” (WE) remains surprisingly prone to foundational confusions. The same holds of work done by many practitioners of WE’s influential offshoot, normative “law and economics” (LE). A conspicuous contemporary case of confusion turns up in recent discussion concerning “fairness versus welfare.” The very naming of this putative dispute signals a crude category error. “Welfare” denotes a proposed object of distribution. “Fairness” describes and appropriate pattern of distribution. Welfare itself is distributed fairly or unfairly. “Fairness versus welfare” is analytically on all fours …
Fixing Florida's Execution Lien Law Part Two: Florida's New Judgment Lien On Personal Property, Jeffrey Davis
Fixing Florida's Execution Lien Law Part Two: Florida's New Judgment Lien On Personal Property, Jeffrey Davis
Jeffrey Davis
Under both the prior and current laws, a creditor seeking to satisfy a judgment out of property of the judgment debtor obtains a writ of execution from the clerk of the court that issued the judgment and then delivers the writ to a sheriff in one of Florida's sixty-seven counties. The writ commands the sheriff to levy on property of the debtor until the amount stated in the writ is satisfied. Under the prior law, delivery of the writ to the sheriff not only initiated the execution process, but under the seminal case of Love v. Williams, it also created …
Foreword — Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker
Foreword — Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker
Christopher J. Walker
This Foreword introduces a Fordham Law Review symposium held in March 2014 to mark the thirtieth anniversary of Chevron U.S.A. v. Natural Resources Defense Council. The most-cited administrative-law decision of all time, Chevron has sparked thirty years of scholarly discussion concerning what Chevron deference means, when (or even if) it should apply, and what impact it has had on the administrative state. Part I of the Foreword discusses the symposium contributions that address Chevron’s scope and application, especially in light of City of Arlington v. FCC. Part II introduces the contributions that explore empirically and theoretically Chevron’s impact outside of …
Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram
Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram
Hadar Aviram
On September 3, 2013, Diana Nyad reported having completed a 110-mile swim from Cuba to Florida. The general enthusiasm about her swim was not echoed in the marathon swimming community, whose members expressed doubts about the integrity and honesty of the swim. The community debate that followed gave rise to the creation of the Global Rules of Marathon Swimming, the first effort to regulate the sport. This Article uses the community’s reaction to Nyad’s deviance to examine the role that crime and deviance plays in the creation and modification of legal structures. Relying on Durkheim’s functionalism theory, the Article argues …
Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas
Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas
Jude A Thomas
Customer segmentation is a powerful analytical marketing practice that is employed by a wide range of businesses to segregate customers with similar characteristics into subgroups in order to inform operational business processes. Such practices allow firms to better allocate their resources in order to form more profitable customer relationships, but they also have the capacity to lead to unfair discriminatory impact upon customer groups. Current legislation is largely unprotective of customers so positioned, but recent trends in the insurance and lending industries suggest that a broader application of anti-discrimination laws could foretell a future of greater restrictions on the implementation …
Sara's State Procedural Reform: Reading Cts V. Waldburger Through Canons Of Statutory Interpretation, Alfred Light
Sara's State Procedural Reform: Reading Cts V. Waldburger Through Canons Of Statutory Interpretation, Alfred Light
Alfred Light
This Article takes Justice Antonin Scalia and Professor Bryan A. Garner’s 2012 treatise Reading Law seriously by showing how the Supreme Court applied (or failed to apply) Reading Law’s canons of statutory interpretation in a recent decision evaluating a preemptive provision of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA” or “Superfund”) – 42 U.S.C. §9658 in CTS v. Waldburger. Justice Kennedy applied several semantic and contextual canons: the Ordinary-Meaning Canon, the Fixed-Meaning Canon, the Whole-Text Canon, and the Harmonious Reading Canon. As important, the Court plainly rejected a principle which Reading Law calls a “falsity”: the false notion …
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …