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Full-Text Articles in Law
Reparations, Or Hush Money?, Christina Glekas
Reparations, Or Hush Money?, Christina Glekas
Journal of Race, Gender, and Ethnicity
No abstract provided.
The State Of The State Action Doctrine: A Search For Accountability, Jordan Goodson
The State Of The State Action Doctrine: A Search For Accountability, Jordan Goodson
Touro Law Review
The state action doctrine is notoriously confusing and contradictory. It is also a weak mechanism for enforcing the constitutional accountability of both State and private actors. Many solutions to the doctrine's varied issues have been posed, but as of yet its problems have not been resolved. In fact, they continue to worsen, as increasing privatization combines with the doctrine's restrictions to narrow constitutional liability to the point of potential nullity. This article examines the doctrine's failures through the specific lens of accountability, demonstrating through analysis of recent caselaw how the doctrine — along with creating confusion and countless circuit splits …
Ensuring Public Trust At The Municipal Level: Inspectors General Enter The Mix, Patricia E. Salkin, Zachary Kansler
Ensuring Public Trust At The Municipal Level: Inspectors General Enter The Mix, Patricia E. Salkin, Zachary Kansler
Scholarly Works
Although federal, state and local government officials are subject to applicable codes of ethical conduct and are under the jurisdiction of ethics enforcement agencies created pursuant to these laws, ethics oversight agencies are limited in the breadth and scope of covered activities. With an increase in reported allegations of corruption, particularly at the local government level, this article explores the addition of the audit function, through inspectors general, to ensure greater transparency and accountability of public officials.
The article begins with a very brief historical overview of the emergence of the inspector general concept in Europe and its adoption in …
Contracting Out Of Process, Contracting Out Of Corporate Accountability: An Argument Against Enforcement Of Pre-Dispute Limits On Process, Meredith R. Miller
Contracting Out Of Process, Contracting Out Of Corporate Accountability: An Argument Against Enforcement Of Pre-Dispute Limits On Process, Meredith R. Miller
Scholarly Works
There have been many well-articulated and convincing critiques aimed at mandatory arbitration. Indeed, presently before Congress is proposed legislation titled the Arbitration Fairness Act, that would ban pre-dispute arbitration in the consumer, franchise and employment contexts. However, maligned as the plaintiff bar's pro-lawsuit legislation, the Arbitration Fairness Act is predicted to have very little chance of enactment. Consequently, across varying industries, the pre-dispute arbitration regime endures unheedingly. Thus, this Article sets aside the arguments aimed generally at pre-dispute arbitration clauses and, instead, sets its sights on some of the terms that seem to arise in such clauses. The focus here …
Accountability To The Law, Walter F. Mondale