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Full-Text Articles in Law

The Nonfinancial Returns Of Crowdfunding, Andrew A. Schwartz Jan 2015

The Nonfinancial Returns Of Crowdfunding, Andrew A. Schwartz

Articles

Securities crowdfunding — the sale of unregistered securities to the public over the Internet — has come under attack before it has even begun. Legal scholars in particular have expressed concern that investors will lose any money they invest in crowdfunding companies. Even assuming that this may be true from a purely financial perspective, these critics are missing an important point: Crowdfund investors with negative returns will not simply have lost their money, but rather they will have spent it (at least in part) on nonpecuniary benefits, including entertainment, political expression and community building. These nonfinancial returns of crowdfunding are readily apparent ...


Countersupermajoritarianism, Frederic Bloom, Nelson Tebbe Jan 2015

Countersupermajoritarianism, Frederic Bloom, Nelson Tebbe

Articles

How should the Constitution change? In Originalism and the Good Constitution, John McGinnis and Michael Rappaport argue that it ought to change in only one way: through the formal mechanisms set out in the Constitution’s own Article V. This is so, they claim, because provisions adopted by supermajority vote are more likely to be substantively good. The original Constitution was ratified in just that way, they say, and subsequent changes should be implemented similarly. McGinnis and Rappaport also contend that this substantive goodness is preserved best by a mode of originalist interpretation. In this Review, we press two main ...


Revoking Rights, Craig J. Konnoth Jan 2015

Revoking Rights, Craig J. Konnoth

Articles

In important areas of law, such as the vested rights doctrine, and in several important cases--including those involving the continued validity of same-sex marriages and the Affordable Care Act--courts have scrutinized the revocation of rights once granted more closely than the failure to provide the rights in the first place. This project claims that in so doing, courts seek to preserve important constitutional interests. On the one hand, based on our understanding of rights possession, rights revocation implicates autonomy interests of the rights holder to a greater degree than a failure to afford rights at the outset. On the other ...


Toward A Structural Theory Of Implicit Racial And Ethnic Bias In Health Care, Dayna Bowen Matthew Jan 2015

Toward A Structural Theory Of Implicit Racial And Ethnic Bias In Health Care, Dayna Bowen Matthew

Articles

No abstract provided.


"Greatest Good Of The Greatest Number In The Long Run": Tr, Pinchot, And The Origins Of Sustainability In America, Charles Wilkinson Jan 2015

"Greatest Good Of The Greatest Number In The Long Run": Tr, Pinchot, And The Origins Of Sustainability In America, Charles Wilkinson

Articles

No abstract provided.


Cu Law Library Launches New Resource For Historical Colorado Statutory Research, Robert M. Linz Jan 2015

Cu Law Library Launches New Resource For Historical Colorado Statutory Research, Robert M. Linz

Articles

No abstract provided.


Bypassing Federalism And The Administrative Law Of Negawatts, Sharon B. Jacobs Jan 2015

Bypassing Federalism And The Administrative Law Of Negawatts, Sharon B. Jacobs

Articles

Presidential unilateralism has become a defining feature of the executive branch. But a related and equally important phenomenon has been largely ignored: federal agency efforts to circumvent statutory federalism boundaries. This move, which the Article calls "bypassing federalism, " involves using existing jurisdictional authority to work defacto, rather than dejure, reallocations of power. The Article explores agency bypassing through the lens of the Federal Energy Regulatory Commission's ("FERC's") promotion of demand response in electricity markets. Demand response refers to customer sales of negative watts, or "negawatts," back to the electrical grid. FERC, eager to promote demand-side management programs but ...


Lawyers And Spoiled Identity, Paul Campos Jan 2015

Lawyers And Spoiled Identity, Paul Campos

Articles

No abstract provided.


Structuralist Legal Histories, Justin Desautels-Stein Jan 2015

Structuralist Legal Histories, Justin Desautels-Stein

Articles

This is a contribution to a symposium titled "Theorizing Contemporary Legal Thought." The central theme of the piece is the relation between legal structuralism and legal historiography.


Robots In The Home: What Will We Have Agreed To?, Margot E. Kaminski Jan 2015

Robots In The Home: What Will We Have Agreed To?, Margot E. Kaminski

Articles

A new technology can expose the cracks in legal doctrine. Sometimes a technology resists analogy. Sometimes, through analogies, it reveals inconsistencies in the law, or basic flaws in framing, or in the fit between different parts of the legal system. This Essay addresses robots in the home, and what they reveal about U.S. privacy law. Household robots might not themselves uproot U.S. privacy law, but they will reveal its inconsistencies, and show where it is most likely to fracture. Just as drones are serving as a legislative “privacy catalyst” — encouraging the enactment of new privacy laws as people ...


A Pragmatic Approach To Interpreting The Federal Rules, Suzette M. Malveaux Jan 2015

A Pragmatic Approach To Interpreting The Federal Rules, Suzette M. Malveaux

Articles

No abstract provided.


Introduction, S. James Anaya Jan 2015

Introduction, S. James Anaya

Articles

No abstract provided.


Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The Republic Of The Congo, S. James Anaya Jan 2015

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The Republic Of The Congo, S. James Anaya

Articles

No abstract provided.


Introduction To Big Horn General Stream Adjudication Symposium, Charles Wilkinson Jan 2015

Introduction To Big Horn General Stream Adjudication Symposium, Charles Wilkinson

Articles

No abstract provided.


Bank Regulation And Securitization: How The Law Improved Transmission Lines Between Real Estate And Banking Crises, Erik F. Gerding Jan 2015

Bank Regulation And Securitization: How The Law Improved Transmission Lines Between Real Estate And Banking Crises, Erik F. Gerding

Articles

This essay examines how securitization served as a new coupling rod joining cycles in real estate and banking markets and created a new pathway for financial contagion in the “subprime” financial crisis. Legal changes promoted the growth of securitization and improved this crisis transmission line. The essay examines the history of legislative and regulatory changes that facilitated bank participation in the markets for mortgage-backed securities. The essay then explains how securitization failed to mitigate the credit, liquidity, and interest rate risk associated with real estate when losses in residential markets became correlated nationwide. It then discusses how regulation contributed to ...


My Coworker, My Enemy: Solidarity, Workplace Control, And The Class Politics Of Title Vii, Ahmed A. White Jan 2015

My Coworker, My Enemy: Solidarity, Workplace Control, And The Class Politics Of Title Vii, Ahmed A. White

Articles

No abstract provided.


Equity And Corporate Law, Mark J. Loewenstein Jan 2015

Equity And Corporate Law, Mark J. Loewenstein

Articles

The article explores the continuing relevance of the 1991 Delaware Supreme Court decision in Schnell v. Chris-Craft Industries, Inc., in particular the extent to which evolving concepts of good faith have, or should, displace the free-wheeling equity doctrine of Schnell.


How To Do Things With Hohfeld, Pierre Schlag Jan 2015

How To Do Things With Hohfeld, Pierre Schlag

Articles

Wesley Newcomb Hohfeld’s 1913 article, Fundamental Legal Conceptions as Applied in Judicial Reasoning, is widely viewed as brilliant. A thrilling read, it is not. More like chewing on sawdust. The arguments are dense, the examples unfriendly, and the prose turgid.

“How to Do Things With Hohfeld” is an effort to provide an accessible and sawdust-free account of Hohfeld’s article, as well as to show how and why his analysis of “legal relations” (e.g., right/duty, etc.) matters. Perhaps the principal reason is that the analysis furnishes a discriminating platform to discern the economic and political import of ...


Research Strategies Using Headnotes: Citators And Relevance, Susan Nevelow Mart Jan 2015

Research Strategies Using Headnotes: Citators And Relevance, Susan Nevelow Mart

Articles

No abstract provided.


Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Maori People In New Zealand, S. James Anaya Jan 2015

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Maori People In New Zealand, S. James Anaya

Articles

No abstract provided.


Government Speech And Political Courage, Helen Norton Jan 2015

Government Speech And Political Courage, Helen Norton

Articles

This short essay addresses Walker v. Texas Div., Sons of Confederate Veterans, Inc., in which a divided Court upheld Texas's rejection of the Sons of Confederate Veterans' request for a specialty license plate that featured the Confederate flag. Although it agrees with the majority that specialty license plates can -- and often do -- reflect the government's own expression that the government should remain free to control without running afoul of the First Amendment, it argues that the Walker Court missed an important opportunity to refine its government speech doctrine. Not only has the Court yet to settle on a ...


The Digital Shareholder, Andrew A. Schwartz Jan 2015

The Digital Shareholder, Andrew A. Schwartz

Articles

Crowdfunding, a new Internet-based securities market, was recently authorized by federal and state law in order to create a vibrant, diverse, and inclusive system of entrepreneurial finance. But will people really send their money to strangers on the Internet in exchange for unregistered securities in speculative startups? Many are doubtful, but this Article looks to first principles and finds reason for optimism.

Well-established theory teaches that all forms of startup finance must confront and overcome three fundamental challenges: uncertainty, information asymmetry, and agency costs. This Article systematically examines this “trio of problems” and potential solutions in the context of crowdfunding ...


Cyberharassment And Workplace Law, Helen Norton Jan 2015

Cyberharassment And Workplace Law, Helen Norton

Articles

No abstract provided.


Foreword: Theorizing Contemporary Legal Thought, Justin Desautels-Stein, Duncan Kennedy Jan 2015

Foreword: Theorizing Contemporary Legal Thought, Justin Desautels-Stein, Duncan Kennedy

Articles

This is a co-authored foreword to a symposium in Law & Contemporary Problems titled "Theorizing Contemporary Legal Thought." It includes a discussion of the background of the project, a brief summary of the articles included in the issue, and a very short statement from Desautels-Stein and Kennedy on the "loss of faith" indicative of Contemporary Legal Thought.


Reflections On Teaching Business Associations: The Case For Teaching More Agency And Unincorporated Business Entity Law, Mark J. Loewenstein Jan 2015

Reflections On Teaching Business Associations: The Case For Teaching More Agency And Unincorporated Business Entity Law, Mark J. Loewenstein

Articles

This paper argues for increased coverage of the law of agency and alternative entities in business associations courses.


Food Policy And Cognitive Bias, Paul F. Campos Jan 2015

Food Policy And Cognitive Bias, Paul F. Campos

Articles

No abstract provided.


How Improving Decision-Making And Mindfulness Can Improve Legal Ethics And Professionalism, Peter H. Huang Jan 2015

How Improving Decision-Making And Mindfulness Can Improve Legal Ethics And Professionalism, Peter H. Huang

Articles

Lawyers who behave unethically and unprofessionally do so for various reasons, ranging from intention to carelessness. Lawyer misconduct can also result from decision-making flaws. Psychologist Chip Heath and his brother Dan Heath, in their best-selling book, Decisive: How to Make Better Decisions in Life and Work, suggest a process to improve people’s decision-making. They introduce the acronym WRAP as the mnemonic for these decision-making heuristics: (1) Widen your options, (2) Reality-test your assumptions, (3) Attain distance before deciding, and (4) Prepare to be wrong. The WRAP process mitigates these cognitive biases: (1) narrow framing of a decision problem, (2 ...


Who Regulates The Robots, Margot Kaminski Jan 2015

Who Regulates The Robots, Margot Kaminski

Articles

No abstract provided.


Cherokee Freedmen And The Color Of Belonging, Lolita Buckner Inniss Jan 2015

Cherokee Freedmen And The Color Of Belonging, Lolita Buckner Inniss

Articles

This article addresses the Cherokee tribe and their historic conflict with the descendants of their former black slaves, designated Cherokee Freedmen. This article specifically addresses how historic discussions of black, red and white skin colors, designating the African-ancestored, aboriginal (Native American) and European-ancestored people of the United States, have helped to shape the contours of color-based national belonging among the Cherokee. This article also suggests that Homi K. Bhabha’s notion of postcolonial mimicry offers a potent source for analyzing the Cherokee’s historic use of skin color as a marker of Cherokee membership. The Cherokee past practice of black ...


A Provocative Defense, Aya Gruber Jan 2015

A Provocative Defense, Aya Gruber

Articles

It is common wisdom that the provocation defense is, quite simply, sexist. For decades, there has been a trenchant feminist critique that the doctrine reflects and reinforces masculine norms of violence and shelters brutal domestic killers. The critique is so prominent that it appears alongside the doctrine itself in leading criminal law casebooks. The feminist critique of provocation embodies several claims about provocation's problematically gendered nature, including that the defense is steeped in chauvinist history, treats culpable sexist killers too leniently, discriminates against women, and expresses bad messages. This Article offers a (likely provocative) defense of the provocation doctrine ...