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Articles 1 - 30 of 45
Full-Text Articles in Law
Labor Redemption In Work Law, Andrew Elmore
Labor Redemption In Work Law, Andrew Elmore
Articles
People with criminal records are not a protected class under Title VII, and many employers fear that hiring people with criminal records invites negligent hiring liability. Ban the Box privacy laws delay but may not deter overbroad criminal background checks. This Article challenges this standard account by shifting focus to the state in imposing arbitrary barriers to work. I expose a dignity interest in the removal of these unnecessary barriers, or "labor redemption." I find foundations of labor redemption in successful constitutional challenges to denials of public employment and occupational licenses. Labor redemption is also, increasingly, a statutory right, in …
Covid-19 Reflections On Resilience And Reform In The Child Welfare System, Robert Latham, Kele M. Stewart
Covid-19 Reflections On Resilience And Reform In The Child Welfare System, Robert Latham, Kele M. Stewart
Articles
No abstract provided.
The Life And Death Of Confederate Monuments, Jessica Owley, Jess Phelps
The Life And Death Of Confederate Monuments, Jessica Owley, Jess Phelps
Articles
Confederate monuments have again received increased attention in the aftermath of George Floyd's tragic death in Minneapolis, Minnesota, on May 25, 2020. Momentum and shifting public opinion are working toward the removal of these problematic monuments across the country. This Article seeks to provide insight for monument-removal advocates: specifically focusing on the legal issues associated with the "death" or removal of these monuments, how property law shapes and defines these efforts, and briefly examining what happens to these statues after removal. Our exploration of Confederate monuments reveals that some removal efforts occur outside of legally created processes. Both public and …
Against Fascism: Toward A Latcritical Legal Genealogy, Elizabeth M. Iglesias
Against Fascism: Toward A Latcritical Legal Genealogy, Elizabeth M. Iglesias
Articles
No abstract provided.
Arizona's Sex Offender Laws: Recommendations For Reform, Tamara Rice Lave
Arizona's Sex Offender Laws: Recommendations For Reform, Tamara Rice Lave
Articles
No abstract provided.
High Seas Governance: Gaps And Challenges, Bernard H. Oxman
High Seas Governance: Gaps And Challenges, Bernard H. Oxman
Articles
No abstract provided.
There Will Be Floods: Armoring The People Of Florida To Make Informed Decisions On Flood Risk, Natalie N. Barefoot, Daniela Tagtachian, Abigail L. Fleming, Gabriela Falla, Bethany Blakeman, Natalie Cavellier
There Will Be Floods: Armoring The People Of Florida To Make Informed Decisions On Flood Risk, Natalie N. Barefoot, Daniela Tagtachian, Abigail L. Fleming, Gabriela Falla, Bethany Blakeman, Natalie Cavellier
Articles
In Florida, a peninsula surrounded by water with the second-lowest mean elevation in the country, there will be floods.[1] A global study ranking cities most vulnerable to losses from flooding lists Miami first in the United States and sixth globally; Tampa-St. Petersburg is listed as 16th globally.[2] Yet there are no state statutes or regulations in Florida that require a seller or landlord to make flood-related disclosures to homebuyers and renters. In contrast, while varying in scope, 29 states require flood-risk disclosures in real estate transactions.[3] Though Florida should be leading in this arena, in an evaluation of nationwide flood …
How The Covid-19 Pandemic Has And Should Reshape The American Safety Net, Gabriel Scheffler, Andrew Hammond, Ariel Jurow Kleiman
How The Covid-19 Pandemic Has And Should Reshape The American Safety Net, Gabriel Scheffler, Andrew Hammond, Ariel Jurow Kleiman
Articles
No abstract provided.
Seeing Beyond Courts: The Political Context Of The Nationwide Injunction, Charlton C. Copeland
Seeing Beyond Courts: The Political Context Of The Nationwide Injunction, Charlton C. Copeland
Articles
No abstract provided.
Cultural Ip Vs. Commercial Ip [Notes], J. Janewa Osei-Tutu
Cultural Ip Vs. Commercial Ip [Notes], J. Janewa Osei-Tutu
Articles
No abstract provided.
The Neglect Of Persons With Severe Brain Injury To The United States: An International Human Rights Analysis, Tamar Ezer, Megan S. Wright, Joseph J. Wright
The Neglect Of Persons With Severe Brain Injury To The United States: An International Human Rights Analysis, Tamar Ezer, Megan S. Wright, Joseph J. Wright
Articles
Brain injury contributes more to death and disability globally than any other traumatic incident. While the past decade has seen significant medical advances, laws and policies remain stumbling blocks to treatment and care. The quality of life of persons with severe brain injury often declines with unnecessary institutionalization and inadequate access to rehabilitation and assistive technologies. This raises a host of rights violations that are hidden, given that persons with severe brain injury are generally invisible and marginalized. This article highlights the current neglect and experiences of persons with severe brain injury in the United States, analyzing the rights to …
The Effects Of Anti-Immigrant Laws In The U.S. On Victims Of Domestic Violence, Sexual Assault, And Human Trafficking: A Gender-Based Human Rights Analysis, Caroline Bettinger-López, Jamila Flomo, Amanda Suarez
The Effects Of Anti-Immigrant Laws In The U.S. On Victims Of Domestic Violence, Sexual Assault, And Human Trafficking: A Gender-Based Human Rights Analysis, Caroline Bettinger-López, Jamila Flomo, Amanda Suarez
Articles
No abstract provided.
Exploring The Esports Approach Of America's Three Major Leagues, Peter A. Carfagna
Exploring The Esports Approach Of America's Three Major Leagues, Peter A. Carfagna
Articles
No abstract provided.
The Free Sea: The American Fight For Freedom Of Navigation, Bernard H. Oxman
The Free Sea: The American Fight For Freedom Of Navigation, Bernard H. Oxman
Articles
No abstract provided.
Corporate Law And The Myth Of Efficient Market Control, William Wilson Bratton, Simone M. Sepe
Corporate Law And The Myth Of Efficient Market Control, William Wilson Bratton, Simone M. Sepe
Articles
In recent times, there has been an unprecedented shift in power from managers to shareholders, a shift that realizes the long-held theoretical aspiration of market control of the corporation. This Article subjects the market control paradigm to comprehensive economic examination and finds it wanting.
The market control paradigm relies on a narrow economic model that focuses on one problem only: management agency costs. With the rise of shareholder power, we need a wider lens that also takes in market prices, investor incentives, and information asymmetries. General equilibrium (GE) theory provides that lens. Several lessons follow from reference to this higher-order …
Cultural Ip Vs. Commercial Ip, J. Janewa Osei-Tutu
The Dynamism Of Health Law: Expanded Insurance Coverage As The Engine Of Regulatory Reform, Gabriel Scheffler
The Dynamism Of Health Law: Expanded Insurance Coverage As The Engine Of Regulatory Reform, Gabriel Scheffler
Articles
Can law improve the delivery of health care? The predominant view is that law serves as a barrier to reforming the health care delivery system. Health law scholars of all stripes blame regulations for impeding innovation, limiting competition, and exacerbating fragmentation in health care.
I argue that this view neglects an important-but overlooked-feature of health law: the dynamic relationship between laws that expand health insurance coverage and laws that regulate the delivery of health care. By expanding health insurance coverage and increasing the demand for health care, laws such as Medicare, Medicaid and the Affordable Care Act catalyze policymakers to …
Antitrust In Attention Markets: Objections And Responses, John M. Newman
Antitrust In Attention Markets: Objections And Responses, John M. Newman
Articles
The modern antitrust enterprise finds itself under attack. Critics complain that enforcement agencies have done nothing to stem an ever-rising tide of market concentration and corporate power. At the center of this critique lies Silicon Valley, home of a new generation of tech giants.
This symposium contribution contends that attention markets represent the largest sector of the modern economy to have gone unnoticed by antitrust regulators. If it is to fulfill its congressional mandate, the antitrust enterprise must begin paying attention to attention markets. A number of objections to this straightforward point have been raised, but each collapses under close …
Trade's Security Exceptionalism, Kathleen Claussen
Trade's Security Exceptionalism, Kathleen Claussen
Articles
At the core of U.S. trade law is an under-studied structural dichotomy. On the one hand, well-established statutory authorities enable the President to eliminate trade barriers through negotiations with U.S. trading partners. On the other hand, different, lesser-known authorities allow the President to erect trade barriers on an exceptional basis where necessary for U.S. economic security. Rather than thinking of free trade as a source of or tool for economic security as political theorists long have, our law codifies these authorities as though they are in contrast to one another-allowing departures from the free trade norm when security so demands. …
Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich
Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich
Articles
No abstract provided.
The State Qui Tam To Enforce Employment Law, Andrew Elmore
The State Qui Tam To Enforce Employment Law, Andrew Elmore
Articles
No abstract provided.
Regulating Cleanups Of Homeless Encampments, Stephen J. Schnably
Regulating Cleanups Of Homeless Encampments, Stephen J. Schnably
Articles
No abstract provided.
The Commonality Of Causation, Sergio J. Campos
The Commonality Of Causation, Sergio J. Campos
Articles
This essay, a version of which was given as the inaugural Goldman Endowed Lecture at Ohio Northern University School ofLaw, discusses the treatment of causation in class actions, multidistrict litigation, and similar collective litigation. Causation is a ubiquitous element of civil claims, and typically it is treated as an individual element of a claim because it is dependent on the circumstances of each individual claimant. Even if the conduct at issue in litigation is "common, " or the same, for a group of claimants, whether that conduct caused harm to a specific claimant will depend on the unique circumstances of …
The Supreme Court's Facilitation Of White Christian Nationalism, Caroline Mala Corbin
The Supreme Court's Facilitation Of White Christian Nationalism, Caroline Mala Corbin
Articles
Doug Jager, a band student of Native-American ancestry, complained about the Christian prayers at his Georgia public school’s football games. Rather than address his concerns, the school lectured him on Christianity and proposed an alternative that appeared neutral yet would result in the continuation of the Christian prayers. In striking down the school’s proposal, Judge Frank M. Johnson Jr. understood some of the ramifications of state-sponsored Christianity.
Despite Supreme Court rulings limiting Christian invocations at public-school events, government-sponsored Christian prayers and Christian symbols remain plentiful in the United States. This proliferation of government-sponsored Christianity around the country both reflects and …
Media Literacy Beyond The National Security Frame, Lili Levi
Media Literacy Beyond The National Security Frame, Lili Levi
Articles
No abstract provided.
The Court And The Suspect: Human Frailty, The Calculating Criminal, And The Penitent In The Interrogation Room, Scott E. Sundby
The Court And The Suspect: Human Frailty, The Calculating Criminal, And The Penitent In The Interrogation Room, Scott E. Sundby
Articles
No abstract provided.
Regulating Foreign Commerce Through Multiple Pathways: A Case Study, Kathleen Claussen
Regulating Foreign Commerce Through Multiple Pathways: A Case Study, Kathleen Claussen
Articles
This Essay looks at the regulation of foreign distilled spirits coming into the United States as a lens through which to understand how trade commitments become a part of U.S. law. The experience of distilled spirits in the last forty years demonstrates that trade agreements have the power to create new domestic rules, to lock in rules already on the books, and to be entirely powerless in the face of executive branch intransigence. But this story is just one illustration of competing authorities and unclear allegiances among the branches when it comes to issues of cross-border movement of goods and …
Our Trade Law System, Kathleen Claussen
The International Claims Trade, Kathleen Claussen
The International Claims Trade, Kathleen Claussen
Articles
Investments are mobile in the twenty-first century international economy. They are seldom held for their duration by a single owner from a single country. They change hands and they do so for a variety of reasons, often in the course of a dispute. But the scholarship addressing what happens when international investments and legal claims against sovereigns regarding those investments change hands appears only at the margins. The practice of buying and selling claims or claims trading is well known and institutionalized in some areas of domestic litigation. For cross-border investment disputes against sovereigns, however, many of the cases discussing …
Selling Out, Andrew B. Dawson
Selling Out, Andrew B. Dawson
Articles
When bankruptcy policy competes with other federal and state regulatory policies, which should take priority? Bankruptcy law, provided it is used to save a struggling business from having to close its doors. Bankruptcy's supremacy, then, can preserve the debtor's going concern value, save jobs, and limit the collateral damage from a business failure. But should this bankruptcy supremacy apply only when the debtor is pursuing a traditional reorganization under chapter 11, or should it also apply when bankruptcy is used to bring about a quick sale of substantially all of the debtor's assets?
This Article addresses this question in the …