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Articles 1 - 30 of 840

Full-Text Articles in Law

Biden’S Border Problem, And How To Fix It, Peter Margulies Apr 2021

Biden’S Border Problem, And How To Fix It, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Eu Privacy Law And U.S. Surveillance: Solving The Problem Of Transatlantic Data Transfers, Peter Margulies Mar 2021

Eu Privacy Law And U.S. Surveillance: Solving The Problem Of Transatlantic Data Transfers, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Health Care Civil Rights Under Medicare For All, Valarie Blake Mar 2021

Health Care Civil Rights Under Medicare For All, Valarie Blake

Law Faculty Scholarship

The passage of Medicare for All would go a long way toward curing the inequality that plagues our health care system along racial, sex, age, health status, disability, and socioeconomic lines. Yet, while laudably creating a universal right to access to health care, Medicare for All may inadvertently dampen civil rights protections that are necessary to ensure equality in health care delivery, an outcome its creators and supporters surely would not intend.

Federal money is typically requisite for civil rights enforcement. Title VI, Title IX, and the Age Discrimination Act of 1975 all apply to recipients of federal financial assistance ...


The Constitution And Democracy In Troubled Times, John M. Greabe Feb 2021

The Constitution And Democracy In Troubled Times, John M. Greabe

Law Faculty Scholarship

Does textualism and originalism approach positively impact democracy?


Machine Monitoring Of Workers: A Brave New Workplace, Anne M. Lofaso Jan 2021

Machine Monitoring Of Workers: A Brave New Workplace, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


Ninth Circuit Says President Trump Can Ban Immigrants Without "Approved" Health Insurance, Peter Margulies Jan 2021

Ninth Circuit Says President Trump Can Ban Immigrants Without "Approved" Health Insurance, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Sex Discrimination In Healthcare: Section 1557 And Lgbtq Rights After Bostock, Amy Post, Ashley Stephens, Valarie Blake Jan 2021

Sex Discrimination In Healthcare: Section 1557 And Lgbtq Rights After Bostock, Amy Post, Ashley Stephens, Valarie Blake

Law Faculty Scholarship

Section 1557 of the Affordable Care Act (“ACA”) banned sex discrimination in health care. In June of 2020, however, the Trump administration finalized a rule that explicitly removed sexual orientation and gender identity from Section 1557’s safeguards. That same month, the Supreme Court held that sexual orientation and gender identity discrimination are forms of sex discrimination for purposes of Title VII employment discrimination in Bostock v. Clayton County. Following the Court’s decision in Bostock, this Article argues that sex discrimination under Section 1557 necessarily encompasses gender identity and sexual orientation discrimination.


Asylum Ruling Halts Restrictions In New Rule, Peter Margulies Nov 2020

Asylum Ruling Halts Restrictions In New Rule, Peter Margulies

Law Faculty Scholarship

No abstract provided.


What Constitution Says About Peaceful Transfer Of Power, John M. Greabe Oct 2020

What Constitution Says About Peaceful Transfer Of Power, John M. Greabe

Law Faculty Scholarship

[excerpt] I recently was asked whether the Constitution requires a peaceful transfer of power following an election. Sadly, the questions is not merely theoretical. President Trump has stated that, if he loses the upcoming election, it will be through fraud. And he has made it clear that he will be unrestrained in his response to any efforts to oust him from office through an election he pronounces fraudulent.

The question of whether the Constitution requires a peaceful transfer of power prompts consideration of how we should conceptualize our Constitution. Is the Constitution merely the document that was written in 1787 ...


Federal Court Halts Trump’S Ban On Nonimmigrant Visas, Peter Margulies Oct 2020

Federal Court Halts Trump’S Ban On Nonimmigrant Visas, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Five Takeaways From High Court's Term, John M. Greabe Aug 2020

Five Takeaways From High Court's Term, John M. Greabe

Law Faculty Scholarship

[Excerpt] Last month, the Supreme Court wrapped up it 2019-2020 term with a flurry of significant rulings.

The court confirmed that Congress and state attorneys general may subpoena third parties for evidence when legitimately investigating a sitting president; held that the executive branch must engage in reasoned decision-making when rescinding administrative protections for a vulnerable population (i.e., beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program); and defined the scope of the president's power to remove officials from high office.

The court also clarified that federal anti-discrimination employment protections extend to LGBTQ workers; held that states may ...


The Libertarian Case For Immigration (And Against Trump), Peter Margulies Jul 2020

The Libertarian Case For Immigration (And Against Trump), Peter Margulies

Law Faculty Scholarship

No abstract provided.


Asylum Update: Ninth Circuit Upholds Injunction Against Third Country Rule, Peter Margulies Jul 2020

Asylum Update: Ninth Circuit Upholds Injunction Against Third Country Rule, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Revisiting And Confronting The Federal Judiciary Capacity “Crisis”: Charting A Path For Federal Judiciary Reform, Ryan G. Vacca, Peter S. Menell Jul 2020

Revisiting And Confronting The Federal Judiciary Capacity “Crisis”: Charting A Path For Federal Judiciary Reform, Ryan G. Vacca, Peter S. Menell

Law Faculty Scholarship

[excerpt] "This Article revisits and confronts the growing caseload and congestion problems plaguing the federal judiciary. It begins by tracing the history and political economy surrounding judiciary reform. It then updates data on caseloads, processing times, certiorari petitions, en banc review, and other measures of judicial performance, revealing expanding caseloads and growing complexity and fragmentation of federal law. Part III explores the political, institutional, and human causes of the logjam over judiciary reform and offers an antidote: a commission tasked with developing a judiciary reform act that would not go into effect until 2030. The “2030 Commission” members would not ...


History Of The First Women Project, Nicole P. Dyszlewski Jul 2020

History Of The First Women Project, Nicole P. Dyszlewski

Law Faculty Scholarship

No abstract provided.


Boldly Marching Through Closed Doors: The Experiences Of The Earliest Female Attorneys In Their Own Words, Nicole P. Dyszlewski Jul 2020

Boldly Marching Through Closed Doors: The Experiences Of The Earliest Female Attorneys In Their Own Words, Nicole P. Dyszlewski

Law Faculty Scholarship

No abstract provided.


Valuing Young Startups Is Unavoidably Difficult: Using (And Misusing) Deferred-Equity Instruments For Seed Investing, John L. Orcutt Jun 2020

Valuing Young Startups Is Unavoidably Difficult: Using (And Misusing) Deferred-Equity Instruments For Seed Investing, John L. Orcutt

Law Faculty Scholarship

In a well-functioning market, reasonable investors are less likely to invest in companies when they cannot confidently value the opportunity. This presents a serious problem for young startups because they are unavoidably difficult to value. Partly in response to the valuation challenge, specialized startup investors evolved how they contract for young-startup investments. Around 2005 they began using deferred-equity instruments (first convertible notes, and later safes and the KISS). Deferred-equity instruments offer a partial solution to the valuation challenge by allowing specialized startup investors to thoughtfully invest in venture capital-eligible young startups without valuing them at the time of investment. Deferred-equity ...


Judicial Review And Governmental Bad Faith, John M. Greabe Jun 2020

Judicial Review And Governmental Bad Faith, John M. Greabe

Law Faculty Scholarship

[Excerpt] This column is the third and final installment of a series considering some potential implications of June Medical Services v. Russo, a case involving a constitutional challenge to a Louisiana law regulating access to abortion services. The United States Supreme Court heard arguments in the case on March 4. A decision is expected shortly.

The first column sought to place June Medical Services in context by describing the history of constitutional abortion-rights litigation at the Supreme Court. The second explained what the case is likely to tell us about the respect the court will show to prior constitutional precedents ...


The Supreme Court Rules That Trump’S Daca Rescission Doesn’T Pass Muster, Peter Margulies Jun 2020

The Supreme Court Rules That Trump’S Daca Rescission Doesn’T Pass Muster, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Immigration Update: Ninth Circuit Rules Against Trump Ban On Uninsured, Peter Margulies May 2020

Immigration Update: Ninth Circuit Rules Against Trump Ban On Uninsured, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Female Legal Realist Inside The Common Law, Ann Bartow May 2020

The Female Legal Realist Inside The Common Law, Ann Bartow

Law Faculty Scholarship

This essay, a response piece to Anita Bernstein’s thought-provoking book The Common Law Inside the Female Body, examines the powerful tool of the common law and the role that judges play in wielding it. I begin by drawing on my twenty-four years of teaching and looking at the questions that I, and my students, grapple with every year while studying the common law: Do the uncoordinated actions of individual judges, juries, and lawyers and parties generate an efficient legal system? And does that system result in some version of justice for most of the parties, most of the time ...


Trump’S Coronavirus Immigration Order Is A Restriction In Search Of A Rationale, Peter Margulies Apr 2020

Trump’S Coronavirus Immigration Order Is A Restriction In Search Of A Rationale, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Supreme Court And Constitutional Stare Decisis, John M. Greabe Apr 2020

The Supreme Court And Constitutional Stare Decisis, John M. Greabe

Law Faculty Scholarship

[Excerpt] This column is the second in a series of three considering some potential implications of June Medical Services v. Russo, a case involving a constitutional challenge to a Louisiana law regulating access to abortion services. The United States Supreme Court heard arguments in the case on March 4, 2020. A decision is expected by the end of June. More on the case below.


Is The Right To Abortion Still Specially Protected?, John M. Greabe Mar 2020

Is The Right To Abortion Still Specially Protected?, John M. Greabe

Law Faculty Scholarship

[excerpt] Last week, in June Medical Services v. Russo, the Supreme Court heard arguments in a case that once again raises questions about the extent to which the Constitution protects a woman's right to end a pregnancy. But the way in which the court resolves the case is likely to reveal more than just its views on abortion rights.

This column, the first in a series of three, describes the legal and historical path that led to June Medical Services. The next two will explore what the case suggests about, respectively, how the current court will treat constitutional precedent ...


Asylum Update: Ninth Circuit Deals Two Defeats To The Trump Administration, Peter Margulies Mar 2020

Asylum Update: Ninth Circuit Deals Two Defeats To The Trump Administration, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Maybe If We Turn It Off And Then Turn It Back On Again? Exploring Health Care Reform As A Means To Curb Cyber Attacks, Deborah Farringer Feb 2020

Maybe If We Turn It Off And Then Turn It Back On Again? Exploring Health Care Reform As A Means To Curb Cyber Attacks, Deborah Farringer

Law Faculty Scholarship

The health care industry has moved at a rapid pace away from paper records to an electronic platform across almost all sectors — much of it at the encouragement and insistence of the federal government. Such rapid expansion has increased exponentially the risk to individuals in the privacy of their data and, increasingly, to their physical well-being when medical records are inaccessible through ransomware attacks. Recognizing the unique and critical nature of medical records, the United States Congress established the Health Care Industry Cybersecurity Task Force under the Cybersecurity Information Sharing Act of 2015 for the purpose of reviewing cybersecurity risks ...


Do We Intend To Keep Our Republic?, John M. Greabe Feb 2020

Do We Intend To Keep Our Republic?, John M. Greabe

Law Faculty Scholarship

[Excerpt] Commentators recently have reminded us of a famous statement Benjamin Franklin allegedly made upon exiting Independence Hall on the final day of the 1787 Constitutional Convention. When asked whether the proposed Constitution would establish a monarchy or a republic, Franklin supposedly answered: "A republic, if you can keep it."

The anecdote, which both inspired the title of Supreme Court Justice Neil Gorsuch's recent book and was recounted by Speaker of the House Nancy Pelosi when she announced the impeachment inquiry into the conduct of the president, reminds us that our republican form of government is not to be ...


Paying For Law School: Law Student Loan Indebtedness And Career Choices, Christopher J. Ryan Jr. Jan 2020

Paying For Law School: Law Student Loan Indebtedness And Career Choices, Christopher J. Ryan Jr.

Law Faculty Scholarship

No abstract provided.


Does The Adea's Federal-Sector Provision Require A Plaintiff To Prove That Age Was A But-For Cause Of The Challenged Personnel Action?, Anne M. Lofaso Jan 2020

Does The Adea's Federal-Sector Provision Require A Plaintiff To Prove That Age Was A But-For Cause Of The Challenged Personnel Action?, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


Separation Of Powers, Partisanship And Impeachment: How Can We Overcome The Partisan Propaganda?, John M. Greabe Jan 2020

Separation Of Powers, Partisanship And Impeachment: How Can We Overcome The Partisan Propaganda?, John M. Greabe

Law Faculty Scholarship

[excerpt] "Our Constitutional system divides power horizontally, among the three branches of the federal government, and vertically, between the federal government and the states. We refer to the former division as our "separation of powers" and the latter as our "federalism."