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Articles 421 - 450 of 11866
Full-Text Articles in Law
Cutting The Aegean Gordian Knot: A Pathway To Harness The Petroleum Resources Lying Within The Aegean Seabed, Costas S. Michail
Cutting The Aegean Gordian Knot: A Pathway To Harness The Petroleum Resources Lying Within The Aegean Seabed, Costas S. Michail
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Production In Paying Quantities In Oklahoma In The Twenty-First Century, Raymond B. (“Ray”) Roush
Production In Paying Quantities In Oklahoma In The Twenty-First Century, Raymond B. (“Ray”) Roush
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages, Piper Hampton
Editor's Introduction & Front Pages, Piper Hampton
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Most People, Most Of The Time (Reviewing Mary Louise Fellows & E. Gary Spitko, How Should Non-Probate Transfers Matter In Intestacy?, 53 U.C. Davis L. Rev. 2207 (2020)), Katheleen Guzman
Other Faculty Publications
No abstract provided.
Convergence & Conflict : Reflections On Global And Regional Human Rights Standards On Hate Speech, Evelyn Aswad, David Kaye
Convergence & Conflict : Reflections On Global And Regional Human Rights Standards On Hate Speech, Evelyn Aswad, David Kaye
Faculty Articles
What is hate speech under international human rights law? And how do key international adjudicators interpret the law governing it? This Article seeks to illuminate two countervailing and under-reported trends: on the one hand, a growing consensus among U.N. experts and treaty bodies concerning interpretations of “hate speech” prohibitions in international law; and on the other, a failure of several regional human rights bodies to develop approaches to hate speech that are consistent with the U.N.’s universal standards. The Article begins by analyzing the U.N.’s approach to freedom of expression and hate speech and examining how, in the last decade, …
The Democratic (Il)Legitimacy Of Assembly-Line Litigation, Jessica Steinberg, Colleen Shanahan, Anna Carpenter, Alyx Mark
The Democratic (Il)Legitimacy Of Assembly-Line Litigation, Jessica Steinberg, Colleen Shanahan, Anna Carpenter, Alyx Mark
Faculty Articles
In response to Daniel Wilf-Townsend’s Assembly-Line Plaintiffs we take a panoramic picture of state civil courts, and debt cases in particular, and name specific features of the courts that must be taken into account in crafting reform prescriptions. In doing so, we question both the democratic legitimacy of debt collection courts and the adequacy of incremental reform that targets the structure of litigation. Part I contributes two critical components to Wilf-Townsend’s rich description of consumer debt cases: pervasive intersectional inequality among pro se defendants and a record of fraud among top filers. We add a sharper focus on the racial, …
The Million-Dollar Diversity Docket, Steven Gensler, Roger Michalski
The Million-Dollar Diversity Docket, Steven Gensler, Roger Michalski
Faculty Articles
What would happen if Congress raised the jurisdictional amount in the diversity jurisdiction statute? Given that it has been almost 25 years since the last increase, we are probably overdue for another one. But to what amount? And with what effect? What would happen if Congress raised the jurisdictional amount from the current $75,000 to $250,000 or, say, $1 million? Using a novel hand-coded data set of pleadings in 2900 cases, we show that the jurisdictional amount is not a neutral throttle. Instead, different areas of law, different parts of the country, and different litigants are more affected by changes …
Mapping The Civil Justice Gap In Federal Court, Roger Michalski, Andrew Hammond
Mapping The Civil Justice Gap In Federal Court, Roger Michalski, Andrew Hammond
Faculty Articles
Unrepresented litigants make up a sizable and normatively important chunk of civil litigation in the federal courts. Despite their importance, we still know little about who these pro se litigants are. Debates about pro se litigation take place without sufficient empirical information. To help fill some of the gaps in our understanding of pro se litigants, this Article takes a new approach by mapping where pro se litigants live. Using a massive data set of 2.5 million federal dockets from a ten-year period, we obtained addresses of non-prisoner pro se litigants. We then geolocated these addresses and cross-referenced that information …
In Celebration Of Dissents (And Lengthy Textbooks): How Digital Became Different For The Fourth Amendment And Why It Is Time For A Real Warrant Default, Stephen E. Henderson
In Celebration Of Dissents (And Lengthy Textbooks): How Digital Became Different For The Fourth Amendment And Why It Is Time For A Real Warrant Default, Stephen E. Henderson
Faculty Articles
The last decade has brought tremendous change to the Fourth Amendment, finally resulting in a ‘digital is different’ norm. We stand at an inflection point between a monolithic, analog past and a murky future of yet-unarticulated constitutional digital policing rules. It is a good time, then, to reflect upon how we came to be here and where we ought to go. This Essay first looks back to a monumental, majestic dissent: that of Justice Louis Brandeis in the 1928 decision of Olmstead v. United States. Every American, and especially every law student, ought to know that opinion, and judges …
The Jury Veto, Stephen E. Henderson
The Jury Veto, Stephen E. Henderson
Faculty Articles
While the American civic religion is to be distrustful of government, feelings of discontent regarding our systems of criminal investigation and adjudication feel historic. And while those systems are capable of great carnage en route, the endgame is, ultimately, criminal punishment. Yet before punishment can be imposed, every prosecution—and therefore every defendant—is meant to encounter a potential “circuit breaker”: the jury. I propose that we re-inject this democratic voice into our criminal adjudications, but through an entirely novel structure: the defendant (and perhaps the prosecutor) would have the choice of invoking a jury empowered to ‘veto’ any judicial sentence. By …
Lawful Work While Undocumented: Business Entity Solutions, Kit Johnson
Lawful Work While Undocumented: Business Entity Solutions, Kit Johnson
Faculty Articles
Immigration law and business-associations law rarely enter the same conversation. This Article argues, however, that business entity formation—such as the use of limited liability companies—has the potential to not only expand opportunities for undocumented migrants but also to significantly benefit the U.S. economy. As such, this Article seeks to make a round of introductions: introducing immigration scholars and lawyers to concepts of business entity formation that can radically change the lives of undocumented persons in the United States and introducing corporate scholars and lawyers to the ways in which their work can intersect with immigration law to effect social and …
Beyond The Narrow Harvard Model Of Legal Education: Restoring Legal Education According To The Proposals Of Valentin Tomberg, Brian Mccall
Beyond The Narrow Harvard Model Of Legal Education: Restoring Legal Education According To The Proposals Of Valentin Tomberg, Brian Mccall
Faculty Articles
Professor Mark Jones has argued that legal education needs to be “reliberalized” by returning to a state in which “all law students receive a basic minimum exposure to the general subject areas of legal history, jurisprudence, and comparative law, as well as to the general subject areas of international/trans-national/global legal studies . . . .” Jones’s call to restore the cultural dimensions has recently received an additional source of strength. The recent publication of an English translation of Dr. Valentin Tomberg’s doctoral dissertation for the first time, under the title The Art of the Good: The Regeneration of Fallen Jurisprudence, …
How El Salvador Has Changed U.S. Law By A Bit: The Consequences For The Ucc Of Bitcoin Becoming Legal Tender, Brian Mccall
How El Salvador Has Changed U.S. Law By A Bit: The Consequences For The Ucc Of Bitcoin Becoming Legal Tender, Brian Mccall
Faculty Articles
On June 8, 2021, the Congress of El Salvador passed a law that changed American commercial law.How could a foreign country change U.S. law? El Salvador’s Congress voted to confer “legal tender” status upon the cryptocurrency Bitcoin.The law took effect in El Salvador on September 7, 2021;starting that day, Bitcoin could be used to pay taxes4 and buy goods and services in El Salvador. As the first country to adopt Bitcoin as legal tender, El Salvador made world history and sparked many debates and predictions about the effects its decision may have on the Central American nation and its economy.Beyond …
A Unifying Doctrine Of Subsurface Property Rights, Joseph Schremmer
A Unifying Doctrine Of Subsurface Property Rights, Joseph Schremmer
Faculty Articles
This Article advances the “fair opportunity doctrine,” a theory of subsurface property rights that systematizes the case law in this confused area using formal legal reasoning. This theory offers a jurisprudential approach to analyzing private law that can then be applied to the field of subsurface property. This approach emphasizes the law’s role in providing ex ante guidance to members of a community in ordering their affairs and interactions with others and the importance of coherence in that function. On this basis, the “fair opportunity doctrine” improves substantially on the current state of subsurface property law and demonstrates the potential …
Not So Private, Stacey A. Tovino
Not So Private, Stacey A. Tovino
Faculty Articles
Federal and state laws have long attempted to strike a balance between protecting patient privacy and health information confidentiality on the one hand and supporting important uses and disclosures of health information on the other. To this end, many health laws restrict the use and disclosure of identifiable health data but support the use and disclosure of de-identified data. The goal of health data de-identification is to prevent or minimize informational injuries to identifiable data subjects while allowing the production of aggregate statistics that can be used for biomedical and behavioral research, public health initiatives, informed health care decision making, …
An Intellectual Property Fix For Platform Salesjacking, Eric E. Johnson
An Intellectual Property Fix For Platform Salesjacking, Eric E. Johnson
Faculty Articles
The aim of this Essay is to introduce an intellectual property angle to a current controversy that has been understood to be a matter for antitrust law. The controversy arises when a platform company--most famously Amazon--uses its platform to host a marketplace for independent retailers while simultaneously hosting itself as a retailer on the platform, thus competing as a retailer with an inside advantage. Critics say this setup allows platform firms to cherry-pick the best product ideas from small, independent retailers and then hijack their sales. This Essay seeks to advance the conversation about this controversy, making at least four …
Leadership Evolution: The Rise Of Lawyers In The C-Suite, Garry Jenkins, Jon J. Lee
Leadership Evolution: The Rise Of Lawyers In The C-Suite, Garry Jenkins, Jon J. Lee
Faculty Articles
The traditional thinking about the path to the top corporate executive leadership posts, reaching the so-called C-suite, is that it begins with earning an MBA degree. By contrast, the JD degree is thought of as one that prepares graduates for the practice of law, for government service, or for public interest advocacy. Since lawyers have historically been trained to protect clients from risk, law is not associated with senior business leadership. Yet, an evolving and accelerating trend is emerging: more lawyers are reaching or crossing over to become part of top corporate management teams. We present findings from our empirical …
Teaching Cultural Competence In Law School Curricula: An Essential Step To Facilitate Diversity, Phyllis C. Taite, Nicola Boothe
Teaching Cultural Competence In Law School Curricula: An Essential Step To Facilitate Diversity, Phyllis C. Taite, Nicola Boothe
Faculty Articles
No abstract provided.
On Florida Law, Language, And Alcohol Use Disorder, Stacey A. Tovino
On Florida Law, Language, And Alcohol Use Disorder, Stacey A. Tovino
Faculty Articles
No abstract provided.
Appraisal Rights And "Fair Value", Steven Cleveland
Appraisal Rights And "Fair Value", Steven Cleveland
Faculty Articles
Appraisal rights (or dissenter's rights) entitle a shareholder to the judicially determined "fair value" of her shares upon the occurrence of a merger that she does not support. Once a quiet corner of corporate law, appraisal rights have recently given rise to significant litigation and a growing body of scholarship. Whereas existing scholarship commonly has focused on improvements to be implemented by the judiciary, I propose a legislative improvement. In appraising "fair value," courts have failed to give force to the legislative mandate to "exclude any element of value arising from the accomplishment or expectation of the merger," which has …
Shadow Dockets Lite, Hayley Stillwell
Shadow Dockets Lite, Hayley Stillwell
Faculty Articles
Inherent to the role of judges is the obligation to explain themselves and to create precedent—which is why the U.S. Supreme Court’s “shadow docket” has recently garnered ample criticism. Unfortunately, other courts share these deficiencies. Oklahoma Supreme Court justices often decline to vote without explanation. They also note their disagreement with some or all of an opinion, but fail to explain why. Tenth Circuit Court of Appeals judges decide whether an opinion is unpublished—and thus nonprecedential—without explanation. These practices are “shadow dockets lite” because they are more consistent with the role of judges than the Supreme Court’s shadow docket, but …
The Field Of State Civil Courts, Anna Carpenter, Alyx Mark, Colleen Shanahan, Jessica Steinberg
The Field Of State Civil Courts, Anna Carpenter, Alyx Mark, Colleen Shanahan, Jessica Steinberg
Faculty Articles
This symposium Issue of the Columbia Law Review marks a moment of convergence and opportunity for an emerging field of legal scholarship focused on America’s state civil trial courts. Historically, legal scholarship has treated state civil courts as, at best, a mere footnote in conversations about civil law and procedure, federalism, and judicial behavior. But the status quo is shifting. As this Issue demonstrates, legal scholars are examining our most common civil courts as sites for understanding law, legal institutions, and how people experience civil justice. This engagement is essential for inquiries into how courts shape and respond to social …
An Immigration Solution For Improving Rural Healthcare, Kit Johnson
An Immigration Solution For Improving Rural Healthcare, Kit Johnson
Faculty Articles
If you are one of the more than 249 million people who live in urban areas of the United States, more than 80% of the U.S. population, you’ve likely never thought much about your physical proximity to a doctor. Primary care physicians and medical specialists abound in urban America. But if you are among the more than 59 million people who live in rural areas of the country, you may well know the struggle of finding primary care, a specialist, or a dentist. That is because there is a worrying shortage of medical professionals in rural America. There is a …
A Tale Of Four Decades: Lessons From Uspto Trademark Prosecution Data, Deborah Gerhardt, Jon J. Lee
A Tale Of Four Decades: Lessons From Uspto Trademark Prosecution Data, Deborah Gerhardt, Jon J. Lee
Faculty Articles
No abstract provided.
Virtual Annual Meetings: A Path Toward Shareholder Democracy And Stakeholder Engagement, Yaron Nili, Megan Wischmeier Shaner
Virtual Annual Meetings: A Path Toward Shareholder Democracy And Stakeholder Engagement, Yaron Nili, Megan Wischmeier Shaner
Faculty Articles
From demanding greater executive accountability to lobbying for social and environmental policies, shareholders influence how managers run modern companies. In corporate doctrine, the principal venue reserved for shareholders to influence and engage with management and each other is the annual shareholders meeting. Historically, the annual meeting was a vibrant forum for shareholder democracy and occasionally even a platform for debating pressing social issues. For decades, however, the role of the annual meeting in corporate governance has been in decline, resulting in today’s largely pro forma annual meetings. This Article explores how technological integration can resurrect the annual meeting as the …
Malicious Prosecution As Undue Process: A Fourteenth Amendment Theory Of Malicious Prosecution, Timothy Tymkovich, Hayley Stillwell
Malicious Prosecution As Undue Process: A Fourteenth Amendment Theory Of Malicious Prosecution, Timothy Tymkovich, Hayley Stillwell
Faculty Articles
Section 1983 is not itself a source of constitutional rights, but is instead merely a vehicle to vindicate constitutional rights that independently exist. But since the Supreme Court advised in dictum that actions pursuant to § 1983 should be read against the background of tort liability, § 1983 actions based on malicious prosecution have sparked disagreement over where, if anywhere, this cause of action fits within the Constitution. Most recently, the Supreme Court determined that malicious prosecution finds its constitutional home in the Fourth Amendment, so § 1983 claims require a showing of both a Fourth Amendment violation and the …
Judges In Lawyerless Courts, Anna Carpenter, Colleen Shanahan, Jessica Steinberg, Alyx Mark
Judges In Lawyerless Courts, Anna Carpenter, Colleen Shanahan, Jessica Steinberg, Alyx Mark
Faculty Articles
The typical American civil trial court is lawyerless. In response, access to justice reformers have embraced a key intervention: changing the judge’s traditional role. The prevailing vision for judicial role reform calls on trial judges to offer accommodation, information, and process simplification to people without legal representation. Until now, scholars have known little about judicial behavior in lawyerless courts, including whether and how judges are implementing role reform recommendations. Our lack of knowledge stands in stark contrast to the responsibility civil trial judges bear—and the discretionary power they wield—in dispensing justice for millions of unrepresented people each year. While today’s …
The Institutional Mismatch Of State Civil Courts, Colleen Shanahan, Jessica Steinberg, Alyx Mark, Anna Carpenter
The Institutional Mismatch Of State Civil Courts, Colleen Shanahan, Jessica Steinberg, Alyx Mark, Anna Carpenter
Faculty Articles
State civil courts are central institutions in American democracy. Though designed for dispute resolution, these courts function as emergency rooms for social needs in the face of the failure of the legislative and executive branches to disrupt or mitigate inequality. We reconsider national case data to analyze the presence of social needs in state civil cases. We then use original data from courtroom observation and interviews to theorize how state civil courts grapple with the mismatch between the social needs people bring to these courts and their institutional design. This institutional mismatch leads to two roles of state civil courts …
Belated Justice: The Failures And Promise Of The Hawaiian Homes Commission Act, Troy J.H. Andrade
Belated Justice: The Failures And Promise Of The Hawaiian Homes Commission Act, Troy J.H. Andrade
American Indian Law Review
No abstract provided.