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Articles 1 - 22 of 22
Full-Text Articles in Law
Answering Halliburton Ii's Unanswered Question: Burdens Of Production And Persuasion On Price Impact At Class Certification, Wendy Gerwick Couture
Answering Halliburton Ii's Unanswered Question: Burdens Of Production And Persuasion On Price Impact At Class Certification, Wendy Gerwick Couture
Articles
No abstract provided.
Traveling To Chile To Learn About Idaho's Water Resource Issues, Jerrold A. Long
Traveling To Chile To Learn About Idaho's Water Resource Issues, Jerrold A. Long
Articles
No abstract provided.
Professor Alan R. Bromberg And The Scholarly Role Of The Treatise, Wendy Gerwick Couture
Professor Alan R. Bromberg And The Scholarly Role Of The Treatise, Wendy Gerwick Couture
Articles
No abstract provided.
Class-Action Tolling, Federal Common Law, And Securities Statutes Of Repose: A Recommendation, Wendy Gerwick Couture
Class-Action Tolling, Federal Common Law, And Securities Statutes Of Repose: A Recommendation, Wendy Gerwick Couture
Articles
This Essay focuses on a narrow, but potentially outcome determinative, question: Does the filing of a securities class action toll the three-year outer time limit applicable to claims under sections 11 and 12(a)(2) of the Securities Act and the five-year outer time limit applicable to claims under section 10(b) of the Securities Exchange Act, such that potential class members-after a decision on class certification-can assert an individual federal action, even if those outer time limits would have elapsed absent tolling? There is currently a circuit split on this issue, with the Tenth Circuit answering "yes" and the Second Circuit answering …
Making "Conservation" Work For The 21st Century: Enabling Resilient Place, Jerrold A. Long
Making "Conservation" Work For The 21st Century: Enabling Resilient Place, Jerrold A. Long
Articles
During the New Deal, as part of a larger effort implementing Progressive Era "conservation" regimes, the federal government authorized the structurally-invasive Flood Control Act of 1936. At the same time, the Standard State Soil Conservation Districts Law promoted the creation of local, place-based efforts to protect or restore locally-valued resources. "Conservation" thus came to signify both the invasive, structural, engineering approach of mid-20th Century flood control, and the local, more responsive and flexible nature of soil conservation districts. But our understandings of our place in the natural world have changed subtly but significantly over the past century. Any legitimate natural …
The Status Of Nonstatus, Geoffrey Heeren
The Status Of Nonstatus, Geoffrey Heeren
Articles
Millions of unauthorized immigrants in the United States have no legal immigration status and live in constant fear of deportation. There are millions more who do have some sort of status, like lawful permanent residency, asylum, or a nonimmigrant visa. In between is the netherworld of nonstatus. Here live noncitizens who possess government documentation but few rights. They have no pathway to lawful permanent residence or citizenship and cannot receive most public benefits. If nonstatus is denied or revoked by a prosecutor or bureaucrat, there is no right to a hearing or an appeal. If the Executive Branch discriminates in …
Civic Education, The Rule Of Law, And The Judiciary: A Republic, If You Can Keep It, Donald L. Burnett Jr.
Civic Education, The Rule Of Law, And The Judiciary: A Republic, If You Can Keep It, Donald L. Burnett Jr.
Articles
No abstract provided.
Materiality And A Theory Of Legal Circularity, Wendy Gerwick Couture
Materiality And A Theory Of Legal Circularity, Wendy Gerwick Couture
Articles
This Article argues that the materiality doctrine, which lies at the heart of securities fraud, has the potential to operate as a self-fulfilling prophecy. This Article labels this phenomenon "legal circularity." In order to place the potential legal circularity of materiality in context among the various other legal doctrines that share this potential, this Article proposes a two part Theory of Legal Circularity. First, this Article proposes the following Legal Circularity Test to identify potentially circular doctrines: A legal doctrine is potentially circular if: (1) the legal doctrine incorporates the behavior or attitude of a population or person, either hypothetical …
Idaho Administrative Law: A Primer For Students And Practitioners, Richard Henry Seamon
Idaho Administrative Law: A Primer For Students And Practitioners, Richard Henry Seamon
Articles
No abstract provided.
Community Land Trusts: Why Now Is The Time To Integrate This Housing Activists' Tool Into Local Government Affordable Housing Policies, Stephen R. Miller
Community Land Trusts: Why Now Is The Time To Integrate This Housing Activists' Tool Into Local Government Affordable Housing Policies, Stephen R. Miller
Articles
No abstract provided.
False Statements Of Belief As Securities Fraud, Wendy Gerwick Couture
False Statements Of Belief As Securities Fraud, Wendy Gerwick Couture
Articles
No abstract provided.
On Law-Breaking And Law's Legitimacy, Aliza Plener Cover
On Law-Breaking And Law's Legitimacy, Aliza Plener Cover
Articles
No abstract provided.
Rule Of Law Reform In Transitional States: Bringing Method To The Madness - A Review Of Advancing The Rule Of Law Abroad: Next Generation Reform By Rachel Kleinfeld, David Pimentel
Articles
No abstract provided.
J. Skelly Wright's Democratic First Amendment, Johanna Kalb
J. Skelly Wright's Democratic First Amendment, Johanna Kalb
Articles
No abstract provided.
Beyond Nexus: A Framework For Evaluating K-12 Teacher Off-Duty Conduct And Speech In Adverse Employment And Licensure Proceedings, John E. Rumel
Beyond Nexus: A Framework For Evaluating K-12 Teacher Off-Duty Conduct And Speech In Adverse Employment And Licensure Proceedings, John E. Rumel
Articles
No abstract provided.
Medicaid Spend Down, Estate Recovery And Divorce: Doctrine, Planning, And Policy, John A. Miller
Medicaid Spend Down, Estate Recovery And Divorce: Doctrine, Planning, And Policy, John A. Miller
Articles
Medicaid is the need-based government program that pays for much of the health care for the poor in the United States. Medicaid often ends up paying the costs of nursing home care for middle-class seniors who have descended into poverty as a result of the high costs of such care. For married couples, Medicaid requires a “spend down” of both spouses’ assets before one spouse can qualify for Medicaid support. This Article posits that, unless the law is changed, divorce may well become standard Medicaid planning practice in many circumstances. This will be especially true for middle and upper-middle-class married …
Community Rights And The Municipal Police Power, Stephen R. Miller
Community Rights And The Municipal Police Power, Stephen R. Miller
Articles
No abstract provided.
A Coordinated Approach To Food Safety And Land Use Law At The Urban Fringe, Stephen R. Miller
A Coordinated Approach To Food Safety And Land Use Law At The Urban Fringe, Stephen R. Miller
Articles
No abstract provided.
Medicaid Planning For Long-Term Care: California Style, John A. Miller
Medicaid Planning For Long-Term Care: California Style, John A. Miller
Articles
No abstract provided.
The Impact Of Obergefell: Tradition Marriage's New Lease On Life, David Pimentel
The Impact Of Obergefell: Tradition Marriage's New Lease On Life, David Pimentel
Articles
The Supreme Court's decision in Obergefell v. Hodges in June 2015 provided a dramatic turn in America's ongoing debate over same-sex marriage. Justice Kennedy's opinion speaks in emotionally evocative terms about the compelling societal and personal significance of marriage, holding that the right to marry is a fundamental right under the Fourteenth Amendment, a right that extends to same-sex couples. Justice Kennedy's rhetoric about the importance of marriage is noteworthy, even curious, given marriage's steady decline over the past 50 years. Just when it seemed that marriage was losing its significance in our society-because marriages are more easily ended, because …
Legal Education As A Rule Of Law Strategy - Problems And Opportunities With U.S.-Based Programs, David Pimentel
Legal Education As A Rule Of Law Strategy - Problems And Opportunities With U.S.-Based Programs, David Pimentel
Articles
No abstract provided.
Archetypes Of Faith: How Americans See, And Believe In, Their Constitution, Aliza Plener Cover
Archetypes Of Faith: How Americans See, And Believe In, Their Constitution, Aliza Plener Cover
Articles
In this Article, I offer a new framework to illuminate how American faith in the Constitution is sustained over time. I build upon the evocative Passover story of the Four Sons—one of whom is wise, one wicked, one simple, and one who does not know how to ask—and argue that these archetypes resonate deeply in the constitutional context. I identify the “wise sons” of the American constitutional community—the legal elites who maintain the vitality of the constitutional faith through a fastidious, intergenerational, yet somewhat detached analysis of the intricacies of law; the “simple sons”—the People writ large, who relate to …