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Full-Text Articles in Law

Uniform Enforcement Or Personalized Law? A Preliminary Examination Of Parking Ticket Appeals In Chicago, Randall K. Johnson Jan 2018

Uniform Enforcement Or Personalized Law? A Preliminary Examination Of Parking Ticket Appeals In Chicago, Randall K. Johnson

Journal Articles

This Article is one in a series of papers that sets the record straight about the type, quality, and quantity of information that U.S. cities may employ, so as to make more informed policy decisions. It does so, specifically, by examining information that is collected by the City of Chicago: in order to gauge the uniformity, as well as the relative cost effectiveness, of the parking ticket appeals process. The Article has six (VI) parts. Part I is the introduction, which sets the stage for a preliminary examination of the parking ticket appeals process in Chicago. Part II describes the …


Can Female Academics Say "No" Both Professionally And Elegantly To Excessive Work Demand? Yes, But You Might Have To Call A Friend, Angela Mae Kupenda Jan 2018

Can Female Academics Say "No" Both Professionally And Elegantly To Excessive Work Demand? Yes, But You Might Have To Call A Friend, Angela Mae Kupenda

Journal Articles

Whether one’s academic supervisor is a White man or woman, or a person of color, the ability to say “no” to our supervisors is critical for one’s professional success and personal wellbeing. Some of us are incessantly asked to take on extra service, extra duties, to relieve someone else because they have “more important things” to do, and “just to do it” because it must be done and because we have that extra strength in our DNA, some seem to think.


Bringing Brown V. Board Of Education Out Of Retirement, Angela Mae Kupenda Jan 2018

Bringing Brown V. Board Of Education Out Of Retirement, Angela Mae Kupenda

Journal Articles

The decision in the landmark U.S. Supreme Court case Brown v. Board of Education, turns 65 years old in 2019. While 65 is considered to be a normal retirement age, Brown was retired many years ago while it was still just a toddler. As a result, Brown never became all that it could be. Now as Brown turns 65, it is (past) time to bring Brown out of its early, premature retirement. The primary purpose of this commentary is to encourage other professors to think, too, on what we can do individually, and what we must do collectively, to reinvigorate …


Personhood Seeking New Life With Republican Control, Jonathan Will, I. Glenn Cohen, Eli Y. Adashi Jan 2018

Personhood Seeking New Life With Republican Control, Jonathan Will, I. Glenn Cohen, Eli Y. Adashi

Journal Articles

Just three days prior to the inauguration of Donald J. Trump as President of the United States, Representative Jody B. Hice (R-GA) introduced the Sanctity of Human Life Act (H R. 586), which, if enacted, would provide that the rights associated with legal personhood begin at fertilization. Then, in October 2017, the Department of Health and Human Services released its draft strategic plan, which identifies a core policy of protecting Americans at every stage of life, beginning at conception. While often touted as a means to outlaw abortion, protecting the "lives" of single-celled zygotes may also have implications for the …


Teaching And Learning Personal Jurisdiction After The Stealth Revolution, Deborah Challener Jan 2018

Teaching And Learning Personal Jurisdiction After The Stealth Revolution, Deborah Challener

Journal Articles

In this Response [to Professor Michael Hoffheimer’s article The Stealth Revolution in Personal Jurisdiction], Professor Challener points out one additional cost of the stealth revolution: the substantially increased difficulty of teaching and learning the law of personal jurisdiction which, in turn, erodes law students’ confidence in the Supreme Court as an institution.


The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell Jan 2018

The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell

Journal Articles

Paragraph 20 in the Scope section of the American Bar Association (ABA) Model Rules of Professional Conduct (Model Rules)-which most states have adopted-provides that a violation of the Model Rules "should not give rise to a cause of action against a lawyer[,] nor should it create any presumption in such a case that a legal duty has been breached." At the same time, Paragraph 20 provides that the Model Rules can be used as "evidence" of breach of a lawyer's standard of conduct. Thus, the Model Rules attempt to make it clear that ethical violations are distinct from substantive law …


The Big Crowd And The Small Enterprise: Intracorporate Disputes In The Close-But-Crowdfunded Firm, Martin Edwards Jan 2018

The Big Crowd And The Small Enterprise: Intracorporate Disputes In The Close-But-Crowdfunded Firm, Martin Edwards

Journal Articles

Equity crowdfunding is a financial innovation that allows small businesses and startups to access capital through soliciting investment over the Internet. The current literature on crowdfunding has focused on its theoretical background and on the development of crowdfunding exemptions from the securities laws permitting the practice. There is less discussion of the impact of crowdfunding on corporate governance. This article fills that gap by outlining the potential for a panoply of intracorporate disputes between and among majority shareholders and “crowd” minority shareholders, placing the discussion within the longstanding—if uneasy—divide in judicial treatment of disputes in public corporations and close corporations. …


Insider Trading And The Myth Of Market Confidence, John P. Anderson Jan 2018

Insider Trading And The Myth Of Market Confidence, John P. Anderson

Journal Articles

This Article challenges the validity of the market-confidence claim as a justification for the regulation of insider trading on two grounds. First, insofar as it relies on a sociopsychological claim-that most investors perceive insider trading as economically harmful or morally wrong-it is subject to the problem of false consciousness (i.e., the psychological claim could be true though the shared belief is demonstrably false). Second, even if the problem of false consciousness is set aside, the market-confidence argument's empirical claims of a chilling effect among potential investors must be proven, not simply assumed.