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Full-Text Articles in Law

Religious Liberty In A Pandemic, Caroline Mala Corbin Jan 2020

Religious Liberty In A Pandemic, Caroline Mala Corbin

Articles

The coronavirus pandemic caused an unprecedented shutdown of the United States. The stay-at-home orders issued by most states typically banned large gatherings of any kind, including religious services. Churches sued, arguing that these bans violated their religious liberty rights by treating worship services more strictly than analogous activities that were not banned, such as shopping at a liquor store or superstore. This Essay examines these claims, concluding that the constitutionality of the bans turns on the science of how the pathogen spreads, and that the best available scientific evidence supports the mass gathering bans.


Disabling Fascism: A Struggle For The Last Laugh In Trump’S America, Madeleine M. Plasencia Jan 2020

Disabling Fascism: A Struggle For The Last Laugh In Trump’S America, Madeleine M. Plasencia

Articles

Six years before the start of the Second World War and seven months after Hitler’s appointment as Chancellor of Germany, the German government instituted the “Law for the Prevention of Progeny with Hereditary Diseases.” The moral depravity that started as a sterilization program targeting “useless eaters” and lives “unworthy of life” degenerated into a “euthanasia” program that murdered at least 250,000 people with mental and physical dis/abilities as an “open secret” until 1941, when the Bishop of Munster, Clemens August Count von Galen, delivered a sermon protesting the killing of “unproductive people.”2 Although the Trump Administration has not yet driven …


Failure To Capture: Why Business Does Not Control The Rulemaking Process, Gabriel Scheffler Jan 2020

Failure To Capture: Why Business Does Not Control The Rulemaking Process, Gabriel Scheffler

Articles

Leading figures on both the political right and the political left have concluded that the agency rulemaking process is captured: that it serves to benefit businesses, at the expense of the general public. This perception appears to be supported by recent theoretical and empirical scholarship and has prompted lawmakers to introduce various proposals to reform the federal rulemaking process.

Yet as I will demonstrate in this Article, the view of the rulemaking process as captured is unwarranted. I will show that the academic literature actually provides little guidance as to the magnitude of business influence that is, the extent to …


Private Standards And The Benzene Case: A Teaching Guide, Cary Coglianese, Gabriel Scheffler Jan 2019

Private Standards And The Benzene Case: A Teaching Guide, Cary Coglianese, Gabriel Scheffler

Articles

No abstract provided.


Regulating By Example, Susan C. Morse, Leigh Osofsky Jan 2018

Regulating By Example, Susan C. Morse, Leigh Osofsky

Articles

Agency regulations are full of examples. Regulated parties and their advisors parse the examples to develop an understanding of the applicable law and to determine how to conduct their affairs. However, the theoretical literature contains no study of regulatory examples or of how they might be interpreted. Courts differ about whether examples serve as an independent source of law. There is uncertainty about the proper role of this frequently used regulatory tool.

In this Article, we argue that regulatory examples make law. Our claim is that, as a default rule, the legal content offered by regulatory examples is coequal with, …


Simplexity: Plain Language And The Tax Law, Joshua D. Blank, Leigh Osofsky Jan 2017

Simplexity: Plain Language And The Tax Law, Joshua D. Blank, Leigh Osofsky

Articles

In recent years, federal government agencies have increasingly attempted to use plain language in written communications with the public. The Plain Writing Act of 2010, for instance, requires agencies to incorporate "clear and simple" explanations of rules and regulations into their official publications. In the tax context, as part of its "customer service" mission, the Internal Revenue Service bears a "duty to explain" the tax law to hundreds of millions of taxpayers who file tax returns each year. Proponents of the plain language movement have heralded this form of communication as leading to simplicity in tax compliance, more equitable access …


Classing Up The Agency, Sergio J. Campos Jan 2016

Classing Up The Agency, Sergio J. Campos

Articles

No abstract provided.


The Case For Categorical Nonenforcement, Leigh Osofsky Jan 2015

The Case For Categorical Nonenforcement, Leigh Osofsky

Articles

No abstract provided.


Concentrated Enforcement, Leigh Osofsky Jan 2014

Concentrated Enforcement, Leigh Osofsky

Articles

When enforcement resources are limited, how should the scarce enforcement resources be allocated to increase compliance with the law? The answer to this question can determine to what extent the law on the books translates to the law in practice. A dominant school of thought in the tax literature suggests that they should be allocated based on a "worst-first" method, whereby the individuals likely to be most noncompliant are targeted. However, while "worst-first" methods can encourage all individuals to increase compliance so as not to be deemed the "worst, " they can also provide cover to engage in noncompliance that …


In Defense Of Administrative Agency Autonomy, A. Michael Froomkin Jan 1987

In Defense Of Administrative Agency Autonomy, A. Michael Froomkin

Articles

No abstract provided.