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Articles 2521 - 2550 of 11523
Full-Text Articles in Law
Frontiers Of Sex Discrimination Law, Jessica Clarke
Frontiers Of Sex Discrimination Law, Jessica Clarke
Articles
A short time ago, the argument that sex discrimination includes discrimination on the basis of sexual orientation was considered a risky litigation tactic with little hope of success. One reason was the fear that extending sex discrimination law so far would upset all sex classifications, even those on restroom doors. But the landscape has shifted. The EEOC now takes the position that sex discrimination includes all forms of discrimination based on sexual orientation and gender identity. Administrative agencies interpret federal law to require that workers and students be allowed to use restrooms consistent with their gender identities. Some federal courts …
U.S. Airlines And Antitrust: The Struggle For Defensible Policy Towards A Unique Industry, Daniel Gifford, Robert T. Kudrle
U.S. Airlines And Antitrust: The Struggle For Defensible Policy Towards A Unique Industry, Daniel Gifford, Robert T. Kudrle
Articles
No abstract provided.
Employee Handbooks And Policy Statements: From Gratuities To Contracts And Back Again, Stephen Befort
Employee Handbooks And Policy Statements: From Gratuities To Contracts And Back Again, Stephen Befort
Articles
No abstract provided.
Moore’S Potential, June Carbone, Naomi Cahn
The 2016 Stein Lecture: A Conversation Between U.S. Supreme Court Justice Sonia Sotomayor And Professor Robert A. Stein, Robert Stein, Sonia Sotomayor
The 2016 Stein Lecture: A Conversation Between U.S. Supreme Court Justice Sonia Sotomayor And Professor Robert A. Stein, Robert Stein, Sonia Sotomayor
Articles
No abstract provided.
My Life In Crime: An Intellectual History Of The Juvenile Court, Barry Feld
My Life In Crime: An Intellectual History Of The Juvenile Court, Barry Feld
Articles
No abstract provided.
Reconstituting The Federalism Battle In Energy Transportation, Alexandra Klass, Jim Rossi
Reconstituting The Federalism Battle In Energy Transportation, Alexandra Klass, Jim Rossi
Articles
No abstract provided.
Expanding The U.S. Electric Transmission And Distribution Grid To Meet Deep Decarbonization Goals, Alexandra Klass
Expanding The U.S. Electric Transmission And Distribution Grid To Meet Deep Decarbonization Goals, Alexandra Klass
Articles
No abstract provided.
Chevron’S Inevitability, Kristin Hickman, Nicholas R. Bednar
Chevron’S Inevitability, Kristin Hickman, Nicholas R. Bednar
Articles
No abstract provided.
Interpretive Divergence, Neha Jain
Restoring The Lost Anti-Injunction Act, Kristin Hickman, Gerald Kerska
Restoring The Lost Anti-Injunction Act, Kristin Hickman, Gerald Kerska
Articles
No abstract provided.
Majority Rule And The Future Of Judicial Selection, Richard W. Painter, Michael J. Gerhardt
Majority Rule And The Future Of Judicial Selection, Richard W. Painter, Michael J. Gerhardt
Articles
No abstract provided.
Unbundling Efficient Breach: An Experiment, Francesco Parisi, Ariel Porat, Maria Bigoni, Stefania Bortolotti
Unbundling Efficient Breach: An Experiment, Francesco Parisi, Ariel Porat, Maria Bigoni, Stefania Bortolotti
Articles
No abstract provided.
Toward A History Of The Democratic State, William J. Novak, Stephen W. Sawyer, James T. Sparrow
Toward A History Of The Democratic State, William J. Novak, Stephen W. Sawyer, James T. Sparrow
Articles
Over the past generation, the history of the state has been experiencing a much-noted renaissance, especially in France and the United States. In the United States as late as 1986, Morton Keller complained to William Leuchtenburg in the Journal of American History: “To say that ‘there is much still to be learned about the nature of the State in America’ is … a major understatement. There is close to everything to be learned about the State.” In France as late as 1990, Pierre Rosanvallon’s powerful introduction to L’État en France suggested that an ambitious history of the state could not …
Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless
Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless
Articles
No abstract provided.
The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki
The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki
Articles
In this Article, we explore a central problem facing creative industries: how to organize collaborative creative production. We argue that informal rules are a significant and pervasive-but nonetheless underappreciated-tool f or solving the problem. While existing literature has focused on how informal rules sustain incentives for producing creative work, we demonstrate how such rules can facilitate and organize collaboration in the creative space.
We also suggest that informal rules can be a better fit for creative organization than formal law. On the one side, unique features of creativity, especially high uncertainty and low verifiability, lead to organizational challenges that formal …
Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless
Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless
Articles
No abstract provided.
Cosmopolitan Democracy And The Detention Of Immigrant Families, Rebecca Sharpless
Cosmopolitan Democracy And The Detention Of Immigrant Families, Rebecca Sharpless
Articles
No abstract provided.
Beyond The Great Divide: Federalism Concerns In Municipal Insolvency, Andrew B. Dawson
Beyond The Great Divide: Federalism Concerns In Municipal Insolvency, Andrew B. Dawson
Articles
No abstract provided.
Qui Custodiet Custodes? A Hard Look At International Arbitral Institutions, Jan Paulsson
Qui Custodiet Custodes? A Hard Look At International Arbitral Institutions, Jan Paulsson
Articles
No abstract provided.
Government Employee Religion, Caroline Mala Corbin
Government Employee Religion, Caroline Mala Corbin
Articles
Picture a county clerk who refuses to issue a marriage license to an LGBT couple or a city bus driver who insists on wearing a hijab. The clerk is fired for failing to fulfill job responsibilities and the bus driver for violating official dress codes. Both claim that their termination violates the First Amendment speech and religion clauses.
There is a well-developed First Amendment government employee speech jurisprudence. Less developed is the doctrine and literature for First Amendment government employee religion. The existing Free Exercise Clause jurisprudence usually does not specifically account for the government employee context. This Article attempts …
The Desert Of The Unreal: Inequality In Virtual And Augmented Reality, Mary Anne Franks
The Desert Of The Unreal: Inequality In Virtual And Augmented Reality, Mary Anne Franks
Articles
The world we live in is structured by inequality: of gender, race, class, sexual orientation, disability, and more. Virtual and augmented reality technologies hold out the promise of a more perfect world, one that offers us more stimulation, more connection, more freedom, more equality than the "real" world. But for such technologies to be truly innovative, they must move us beyond our current limitations and prejudices. When existing inequalities are unacknowledged and unaddressed in the "real" world, they tend to be replicated and augmented in virtual realities. We make new worlds based on who we are and what we do …
Valuing Identity, Osamudia R. James
Criminalization As Governance In The American Racial State, Charlton C. Copeland
Criminalization As Governance In The American Racial State, Charlton C. Copeland
Articles
No abstract provided.
Inner-City Anti-Poverty Campaigns, Anthony V. Alfieri
Inner-City Anti-Poverty Campaigns, Anthony V. Alfieri
Articles
This article offers a defense of outsider, legal-political intervention and community triage in inner-city anti-poverty campaigns under circumstances of widespread urban social disorganization, public and private sector neglect, and nonprofit resource scarcity. In mounting this defense, the Article revisits the roles of lawyers, nonprofit legal services organizations, and university-housed law school clinics in contemporary anti-poverty, civil rights, and social justice movements, in part by chronicling the emergence of a faith-based municipal equity movement in Miami, Florida. The Article proceeds in four parts. Part I introduces the notion of community triage as a means of addressing the impoverished and segregated aftermath …
Trading Spaces: The Changing Role Of The Executive In U.S. Trade Lawmaking, Kathleen Claussen
Trading Spaces: The Changing Role Of The Executive In U.S. Trade Lawmaking, Kathleen Claussen
Articles
Since the earliest days of the republic, the U.S. executive has wielded a significant but constitutionally bounded influence on the direction of U.S. trade law. In the twenty-first century, the growth of free trade agreements has led to an institutionalization of trade norms that permits the executive many more spaces for engagement with trading partners. In addition, other types of quotidian lawmaking extend the power of the executive in both public and hidden spaces beyond congressional delegation, even as that power remains substantially bounded by congressional control. This Article analyzes the dynamics between the branches that will direct future U.S. …
Do Claims About Claims To Claims Matter?, Sergio J. Campos
Do Claims About Claims To Claims Matter?, Sergio J. Campos
Articles
No abstract provided.
Changing Course, Sergio J. Campos
The Next Generation Of U.S.-Africa Trade Instruments, Kathleen Claussen
The Next Generation Of U.S.-Africa Trade Instruments, Kathleen Claussen
Articles
No abstract provided.
"Revenge Porn" Reform: A View From The Front Lines, Mary Anne Franks
"Revenge Porn" Reform: A View From The Front Lines, Mary Anne Franks
Articles
The legal and social landscape of "revenge porn" has changed dramatically in the last few years. Before 2013, only three states criminalized the unauthorized disclosure of sexually explicit images of adults and few people had ever heard the ternm "revenge porn." As of July 2017, thirty-eight states and Washington, D.C. had criminalized the conduct; federal criminal legislation on the issue had been introduced in Congress; Google, Facebook, and Twitter had banned nonconsensual pornography from their platforms; and the term "revenge porn" had been added to the Merriam- Webster Dictionary. I have had the privilege of playing a role in many …