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Articles 2251 - 2280 of 11528
Full-Text Articles in Law
Pari Passu Clauses And The Skeuomorph Problem In Contract Law, Douglas G. Baird
Pari Passu Clauses And The Skeuomorph Problem In Contract Law, Douglas G. Baird
Articles
No abstract provided.
Uk Governance: From Overloading To Freeloading, Richard Woodward
Uk Governance: From Overloading To Freeloading, Richard Woodward
Articles
The UK's ongoing political turbulence has prompted a reprise of debates from the 1970s when many concluded the country was ungovernable. Then, the most influential diagnosis conceptualised the UK's governance problem as one of ‘overloading’ caused by the electorate's excessive expectations. This article argues that these accounts overlooked another phenomenon besieging UK governance during this period. This phenomenon was freeloading: the withering of government capacity deriving from the ability of actors to enjoy the benefits of citizenship without altogether contributing to the cost. In the interim, these problems have become endemic, not least because of the unspoken but discernible policy …
Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran
Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran
Articles
In New York City, an indigent parent can receive the assistance of a multidisciplinary legal team—an attorney, a social worker, and a parent advocate—to defend against the City’s request to temporarily remove a child from her care. But in Mississippi, that same parent can have her rights to her child permanently terminated without ever receiving the assistance of a single lawyer. In Washington State, the Legislature has ensured that parents ensnared in child abuse and neglect proceedings will receive the help of a well-trained and well-compensated attorney with a reasonable caseload. Yet in Tennessee, its Supreme Court has held that …
How Does The Law Put A Historical Analogy To Work?: Defining The Imposition Of "A Condition Analogous To That Of A Slave" In Modern Brazil, Rebecca J. Scott, Leonardo Augusto De Andrade Barbosa, Carlos Henrique Borlido Haddad
How Does The Law Put A Historical Analogy To Work?: Defining The Imposition Of "A Condition Analogous To That Of A Slave" In Modern Brazil, Rebecca J. Scott, Leonardo Augusto De Andrade Barbosa, Carlos Henrique Borlido Haddad
Articles
Over the last decades, the Brazilian state has engaged in concerted legal efforts to identify and prosecute cases of what officials refer to as “slave labor” (trabalho escravo). At a conceptual level, the campaign has paired the constitutional protection of human dignity and the “social value of labor” with an expansive interpretation of the offense described in Article 149 of the Criminal Code as “the reduction of a person to a condition analogous to that of a slave.” At the operational level, mobile teams of inspectors and prosecutors have intervened in thousands of work sites, and labor prosecutors …
Should Regulation Be Countercyclical?, Jonathan Masur, Eric A. Posner
Should Regulation Be Countercyclical?, Jonathan Masur, Eric A. Posner
Articles
No abstract provided.
Interpreting Contracts Via Surveys And Experiments, Lior Strahilevitz, Omri Ben-Shahar
Interpreting Contracts Via Surveys And Experiments, Lior Strahilevitz, Omri Ben-Shahar
Articles
No abstract provided.
Moral Commitments In Cost-Benefit Analysis, Eric A. Posner, Cass R. Sunstein
Moral Commitments In Cost-Benefit Analysis, Eric A. Posner, Cass R. Sunstein
Articles
No abstract provided.
Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos
Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos
Articles
The 2016 election has had significant consequences for American social welfare policy. Some of these consequences are direct. By giving unified control of the federal government to the Republican Party for the first time in a decade, the election has potentially empowered conservatives to ram through a bill to repeal the Affordable Care Act—the landmark “Obamacare” law that marked the most significant expansion of the social welfare state since the 1960s. Other consequences are more indirect. Both the election result itself, and Republicans’ actions since, have spurred a renewed debate within the left-liberal coalition regarding the politics of social welfare …
Book Review, Anthony J. Sebok
Risk And Resilience In Health Data Infrastructure, W. Nicholson Price Ii
Risk And Resilience In Health Data Infrastructure, W. Nicholson Price Ii
Articles
Today’s health system runs on data. However, for a system that generates and requires so much data, the health care system is surprisingly bad at maintaining, connecting, and using those data. In the easy cases of coordinated care and stationary patients, the system works—sometimes. But when care is fragmented, fragmented data often result. Fragmented data create risks both to individual patients and to the system. For patients, fragmentation creates risks in care based on incomplete or incorrect information, and may also lead to privacy risks from a patched together system. For the system, data fragmentation hinders efforts to improve efficiency …
Fundamental Rights, Federal States, And Sovereignty: Some Random Remarks, Donald H. Regan
Fundamental Rights, Federal States, And Sovereignty: Some Random Remarks, Donald H. Regan
Articles
I am not an EU lawyer. The days are long gone when I could know a substantial fraction of EU law just by knowing about the free movement of goods. I get a fleeting glimpse of where the EU is going every year at the Jean Monnet Seminar in Dubrovnik, but no more than a glimpse. Still, when the editors invited me to write this Editorial Note, I could not refuse. Looking for inspiration, I read or reread all the previous twelve Notes. This was an enjoyable and informative exercise in itself, but only a few of the essays suggested …
Doing Away With Battery Law, Anthony J. Sebok
Progesterone For Prevention Of Preterm Birth: Shortcomings And Unintended Consequences Of The Orphan Drug Act, Rebekah E. Gee, Sreyram Kuy, Laura Karas
Progesterone For Prevention Of Preterm Birth: Shortcomings And Unintended Consequences Of The Orphan Drug Act, Rebekah E. Gee, Sreyram Kuy, Laura Karas
Articles
Preterm birth is a problem of major public health significance that continues to plague our country despite the existence of a therapy, 17α-hydroxyprogesterone caproate, with known efficacy in reducing the risk of spontaneous preterm birth among high-risk women. Over the past several years, the Louisiana Department of Health has undertaken a robust, multifaceted initiative to improve access to 17α-hydroxyprogesterone caproate, which resulted in a 3.5-fold increase in the percentage of eligible high-risk pregnant women in the Medicaid program who received the therapy between 2013 and 2016. Yet despite Louisiana's progress, the vast majority of the eligible population still fails to …
Guilty As Charged: Reflections On Tra 17, Reuven S. Avi-Yonah
Guilty As Charged: Reflections On Tra 17, Reuven S. Avi-Yonah
Articles
The international provisions of TRA 17S are in some ways an improvement over TRA 17H, but they are nevertheless deeply flawed. U.S.-based MNEs have accumulated $ 2.6 trillion of low taxed income offshore. This "guilty" income derives not just from IP developed in the United States, but in many cases (for example, Google, Facebook, and Big Pharma) also from exploiting the U.S. consumer market. This is a classic "round tripping" situation in which both the supply side (production) and the demand side (consumption) are in the United States, and yet both TRA 17H and TRA 17S let the guilty parties …
Artificial Intelligence In Health Care: Applications And Legal Implications, W. Nicholson Price Ii
Artificial Intelligence In Health Care: Applications And Legal Implications, W. Nicholson Price Ii
Articles
Artificial intelligence (AI) is rapidly moving to change the healthcare system. Driven by the juxtaposition of big data and powerful machine learning techniques—terms I will explain momentarily—innovators have begun to develop tools to improve the process of clinical care, to advance medical research, and to improve efficiency. These tools rely on algorithms, programs created from healthcare data that can make predictions or recommendations. However, the algorithms themselves are often too complex for their reasoning to be understood or even stated explicitly. Such algorithms may be best described as “black-box.” This article briefly describes the concept of AI in medicine, including …
Once More, With Feeling: Tra 17 And Original Intent Of Subpart F, Reuven S. Avi-Yonah, Nir Fishbien
Once More, With Feeling: Tra 17 And Original Intent Of Subpart F, Reuven S. Avi-Yonah, Nir Fishbien
Articles
For the first time since 1913, Congress is considering abandoning the principle that U.S. residents should be subject to tax on all income “from whatever source derived.” Specifically, the proposed tax reform legislation, the Tax Cuts and Jobs Act, would completely exempt from U.S. taxation dividends from controlled foreign corporations. This is therefore a good occasion for considering the reasons we tax those dividends in the first place.
Treating Wrongs As Wrongs: An Expressive Argument For Tort Law, Scott Hershovitz
Treating Wrongs As Wrongs: An Expressive Argument For Tort Law, Scott Hershovitz
Articles
The idea that criminal punishment carries a message of condemnation is as commonplace as could be. Indeed, many think that condemnation is the mark of punishment, distinguishing it from other sorts of penalties or burdens. But for all that torts and crimes share in common, nearly no one thinks that tort has similar expressive aims. And that is unfortunate, as the truth is that tort is very much an expressive institution, with messages to send that are different, but no less important, than those conveyed by the criminal law. In this essay, I argue that tort liability expresses the judgment …
Piling On? An Empirical Study Of Parallel Derivative Suits, Stephen J. Choi, Jessica Erickson, Adam C. Pritchard
Piling On? An Empirical Study Of Parallel Derivative Suits, Stephen J. Choi, Jessica Erickson, Adam C. Pritchard
Articles
Using a sample of all companies named as defendants in securities class actions between July 1, 2005 and December 31, 2008, we study parallel suits relying on state corporate law arising out of the same allegations as the securities class actions. We test several ways that parallel suits may add value to a securities class action. Most parallel suits target cases involving obvious indicia of wrongdoing. Moreover, we find that although a modest percentage of parallel suits are filed first, over 80 percent are filed after a securities class action (termed “follow-on” parallel suits). We find that parallel suits and, …
Improving Access To Justice In State Courts With Platform Technology, J. J. Prescott
Improving Access To Justice In State Courts With Platform Technology, J. J. Prescott
Articles
Access to justice often equates to access to state courts, and for millions of Americans, using state courts to resolve their disputes—often with the government—is a real challenge. Reforms are regularly proposed in the hopes of improving the situation (e.g., better legal aid), but until recently a significant part of the problem has been structural. Using state courts today for all but the simplest of legal transactions entails at the very least traveling to a courthouse and meeting with a decision maker in person and in a one-on-one setting. Even minimally effective access, therefore, requires time, transportation, and very often …
Contracts Ex Machina, Kevin Werbach, Nicolas Cornell
Contracts Ex Machina, Kevin Werbach, Nicolas Cornell
Articles
Smart contracts are self-executing digital transactions using decentralized cryptographic mechanisms for enforcement. They were theorized more than twenty years ago, but the recent development of Bitcoin and blockchain technologies has rekindled excitement about their potential among technologists and industry. Startup companies and major enterprises alike are now developing smart contract solutions for an array of markets, purporting to offer a digital bypass around traditional contract law. For legal scholars, smart contracts pose a significant question: Do smart contracts offer a superior solution to the problems that contract law addresses? In this article, we aim to understand both the potential and …
Further Reflections On Antitrust And Wealth Inequality, Daniel A. Crane
Further Reflections On Antitrust And Wealth Inequality, Daniel A. Crane
Articles
Since I have already published a lengthy academic article on antitrust and wealth inequality, I have the freedom of using this piece to present the key arguments unvarnished by dense citations or technical details (readers interested in those things should consult my earlier article) and to respond to some of the criticisms of my article that have since been levied. My thesis, before and now, is this: claims that antitrust enforcement advances income or wealth progressivity are overstated and rest on simplistic and unrealistic understandings of how antitrust actually operates. While some enforcement actions may generate progressive results, others will …
Introduction To Symposium On Unauthorized Military Interventions For The Public Good, Monica Hakimi
Introduction To Symposium On Unauthorized Military Interventions For The Public Good, Monica Hakimi
Articles
On April 6, 2017, the United States launched fifty-nine Tomahawk missiles against an air base in Syria, after evidence surfaced that Bashar Al-Assad’s regime had again used chemical weapons against its people. President Trump announced that the strikes were intended “to prevent and deter the spread and use of deadly chemical weapons.” But as of this Symposium’s publication, the United States has not articulated a formal legal justification for the strikes. Instead, it reportedly circulated a document that listed several case-specific considerations that, in its view, justified the use of force. Yet the global reaction was overwhelmingly positive. Many states …
Avoid These Eleven Common Evidentiary Mistakes, John E. Rumel
Avoid These Eleven Common Evidentiary Mistakes, John E. Rumel
Articles
No abstract provided.
The Death Of Rules And Standards, Anthony Casey, Anthony Niblett
The Death Of Rules And Standards, Anthony Casey, Anthony Niblett
Articles
No abstract provided.
The Myth Of Fourth Amendment Circularity, Lior Strahilevitz, Matthew B. Kugler
The Myth Of Fourth Amendment Circularity, Lior Strahilevitz, Matthew B. Kugler
Articles
No abstract provided.
Taking Systemic Risk Seriously In Financial Regulation, M. Todd Henderson, James C. Spindler
Taking Systemic Risk Seriously In Financial Regulation, M. Todd Henderson, James C. Spindler
Articles
No abstract provided.
Reinvigorating Commonality: Gender And Class Actions, Brooke D. Coleman, Elizabeth G. Porter
Reinvigorating Commonality: Gender And Class Actions, Brooke D. Coleman, Elizabeth G. Porter
Articles
In this Article, we examine the interplay of Rule 23(b)(2) class actions, feminism, and Title VII sex discrimination doctrine over the past fifty years to show that the theoretical concept of commonality—cohesion, unity—in the women’s movement has had a significant impact on the ability of women to seek collective redress for workplace discrimination through class actions. We describe how the four "waves” of feminism since the 1960s find corresponding analogues in the development of Title VII class action law. Beginning in the civil rights era, feminism became an entrenched part of mainstream America Over time, however, feminism’s influence waned as …
Contemporary Practice Of The United States Relating To International Law, October 2017, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, October 2017, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: Congress Enacts Sanctions Legislation Targeting Russia • United States and Qatar Sign Memorandum of Understanding over Terrorism Financing • Trump Reverses Certain Steps Toward Normalizing Relations with Cuba • United States Announces Plans to Withdraw from Paris Agreement on Climate Change • President Trump Issues Trade-Related Executive Orders and Memoranda • United States, Russia, and Jordan Sign Limited Ceasefire for Syria • Trump Administration Recertifies Iranian Compliance with JCPOA Notwithstanding Increasing Concern with Iranian Behavior
The Culture Of Misdemeanor Courts, Jessica A. Roth
The Culture Of Misdemeanor Courts, Jessica A. Roth
Articles
The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can …
Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit, Vivek S. Sankaran
Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit, Vivek S. Sankaran
Articles
In many jurisdictions, once a parent has her rights terminated to one child, the State can use that decision to justify the termination of parental rights to another child. The State can do so regardless of whether the parent is fit to parent the second child. This article explores this practice, examines its origins, and discusses its constitutional inadequacies.