Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Property Law and Real Estate (21)
- Environmental Law (15)
- International Law (15)
- Indigenous, Indian, and Aboriginal Law (11)
- Law and Race (10)
-
- Supreme Court of the United States (10)
- Legal History (8)
- Natural Resources Law (7)
- Criminal Law (6)
- Energy and Utilities Law (6)
- Human Rights Law (6)
- Administrative Law (5)
- Civil Rights and Discrimination (5)
- Constitutional Law (5)
- Labor and Employment Law (5)
- Legal Education (5)
- Litigation (5)
- Intellectual Property Law (4)
- Jurisprudence (4)
- Communications Law (3)
- Comparative and Foreign Law (3)
- Courts (3)
- Internet Law (3)
- Law and Economics (3)
- Law and Gender (3)
- Law and Politics (3)
- Law and Psychology (3)
- National Security Law (3)
- Religion Law (3)
- Institution
- Keyword
-
- International law (6)
- Indigenous peoples (5)
- Discrimination (3)
- Foreclose (3)
- Indian law (3)
-
- Jurisprudence (3)
- Legal history (3)
- Liberalism (3)
- Tribal law (3)
- Administrative law (2)
- Awas Tingni (2)
- Critical legal studies (2)
- Customary law (2)
- Cyberlaw (2)
- Energy (2)
- Energy & Environmental Security Initiative (2)
- Energy law (2)
- Environmental law (2)
- Foreclosure (2)
- Human rights (2)
- International human rights (2)
- Judicial foreclosure (2)
- Minority rights (2)
- Natural resources (2)
- President (2)
- Property law (2)
- Recitals (2)
- Religious freedoms (2)
- Rule 10b-5 (2)
- Statute of limitations (2)
Articles 31 - 60 of 75
Full-Text Articles in Law
Yield Spread Premiums And Predatory Loan Calculations: Wolski V Fremont Inv., 2005, Roger Bernhardt
Yield Spread Premiums And Predatory Loan Calculations: Wolski V Fremont Inv., 2005, Roger Bernhardt
Publications
This article discusses a case which held that the California predatory lending statute’s definition of points and fees does not include the yield spread premium.
Does The Phrase "Convicted In Any Court" In A Firearms Law Include Foreign Convictions?, Rachel A. Van Cleave
Does The Phrase "Convicted In Any Court" In A Firearms Law Include Foreign Convictions?, Rachel A. Van Cleave
Publications
No abstract provided.
The Problem With Nominees, Roger Bernhardt, Jon H. Sylvester
The Problem With Nominees, Roger Bernhardt, Jon H. Sylvester
Publications
No abstract provided.
Disability Matters: Toward A Law School Clinical Model For Serving Youth With Special Education Needs, Stephen A. Rosenbaum, Patricia A. Massey
Disability Matters: Toward A Law School Clinical Model For Serving Youth With Special Education Needs, Stephen A. Rosenbaum, Patricia A. Massey
Publications
This article examines the role that law school clinics could play in remedying a gap in legal services for youth with special education needs while simultaneously enhancing law students’ awareness and understanding of disabilities and providing students with unique skills. The authors show that the Individuals with Disabilities Education Act (IDEA), recently reauthorized by Congress, places the burden of enforcement on parents but leaves these parents — particularly those marginalized by poverty, race, language or immigration status — without sufficient access to legal representation. The authors suggest that this representation gap is aggravated by lawyers’ and law students’ lack of …
Sex, Lies, And Honor In Italian Rape Law, Rachel A. Van Cleave
Sex, Lies, And Honor In Italian Rape Law, Rachel A. Van Cleave
Publications
No abstract provided.
The Continued Success Of Proposition 65 In Reducing Toxic Exposures, Clifford Rechtschaffen, Patrick Williams
The Continued Success Of Proposition 65 In Reducing Toxic Exposures, Clifford Rechtschaffen, Patrick Williams
Publications
California’s Proposition 65 is by now a well-known regulatory tool for warning consumers about the potentially toxic components of products they consume or to which they are exposed. Rechtschaffen and Williams argue that while Proposition 65 has been subject to some abuses, it has also brought about important reductions in exposures to toxic substances. To make their point, they examine product reformulations caused by enforcement of Proposition 65’s warning requirements over the past five years.
Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd
Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd
Publications
For a long time, social scientists have worried about possible racial discrimination in sentencing in the United States. With a prison population that exceeds two million inmates of whom approximately 48% are African American, the worry over the fairness of the sentencing process is understandable. This article is not about discrimination between racial categories as such, but about a related form of discrimination, namely, discrimination on the basis of a person's Afro-centric features. Section I of the article describes a line of social science research that shows that a person's Afro-centric features have a strong biasing effect on judgment such …
Indigenous Peoples' Rights To Water Under International Norms, David H. Getches
Indigenous Peoples' Rights To Water Under International Norms, David H. Getches
Publications
In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the uses made by dominant, non-native societies. As a result, native peoples' ability to perform water-dependent vocations like farming and fishing, and to perpetuate cultures and spiritual practices requiring water is limited. While a few countries recognize water rights of indigenous peoples in their domestic laws, …
Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya
Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya
Publications
In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The author also examines the shortcomings of recurring interpretive approaches to international law that consider indigenous peoples' rights to land and resources. From this analysis the author identifies a more promising approach within the human rights framework--which he describes as a realist approach--that focuses on the confluence of values, power, and change. The author …
Moody Investing And The Supreme Court: Rethinking The Materiality Of Information And The Reasonableness Of Investors, Peter H. Huang
Moody Investing And The Supreme Court: Rethinking The Materiality Of Information And The Reasonableness Of Investors, Peter H. Huang
Publications
This Article critically analyzes the judicial decisions and reasoning of the United States Supreme Court and lower courts accepting certain defenses in securities fraud litigation. This Article develops how and why the core notions of materiality of information and the reasonable investor should be revised in light of recent empirical data, experimental evidence, and theoretical models of moody investing. This Article proposes modifying three recent developments in materiality doctrine to take into account moody investing. In particular, this Article argues that current judicial treatment of puffery is flawed because it neglects the power of puffery to alter moods. This Article …
Subjective Decisionmaking And Unconscious Discrimination, Melissa Hart
Subjective Decisionmaking And Unconscious Discrimination, Melissa Hart
Publications
Unconscious bias is widely recognized as the most pervasive barrier to equal employment opportunity for minorities and women in the workplace today and yet many argue that federal laws prohibiting discrimination do not prohibit unconscious discrimination. This article argues that the law does in fact provide some redress for unconscious discrimination. Title VII may not be a perfect method for attacking unconscious bias, but it is a mistake to assume that it is without potential. The article challenges the assumption commonly held by judges that a finding of discrimination must be preceded by the belief that an employer is lying …
A Property Rights Approach To Sacred Sites Cases: Asserting A Place For Indians As Nonowners, Kristen A. Carpenter
A Property Rights Approach To Sacred Sites Cases: Asserting A Place For Indians As Nonowners, Kristen A. Carpenter
Publications
Although the Free Exercise Clause prohibits governmental interference with religion, American Indians have been unsuccessful in challenging government actions that harm tribal sacred sites located on federal public lands. The First Amendment dimensions of these cases have been well studied by scholars, but this Article contends that it is also important to analyze them through a property law lens. Indeed, the Supreme Court has treated the federal government's ownership of public lands as a basis for denying Indian religious freedoms claims. This Article contends that such holdings rely on an "ownership model" of property law wherein the rights of the …
A New Framework: Post-Kyoto Energy And Environmental Security, Lakshman D. Guruswamy
A New Framework: Post-Kyoto Energy And Environmental Security, Lakshman D. Guruswamy
Publications
In this article Professor Guruswamy advances an argument for new energy agreements that address the immense global environmental challenge presented by the increasing global energy demands of both the developed and developing world. Arguing that new energy accords are needed to meet this challenge, he identifies and describes the decidedly interdisciplinary knowledge base and analytics required to negotiate such international instruments. The construction of these knowledge bases call for scientific, engineering, technological, legal, social, economic and behavioral expertise. Professor Guruswamy identifies pragmatic steps--including a targeted research agenda--that will contribute to such an undertaking and begin the arduous process of addressing …
City Of Sherrill V. Oneida Indian Nation Of New York: A Regretful Postscript To The Taxation Chapter In Cohen's Handbook Of Federal Indian Law, Sarah Krakoff
Publications
No abstract provided.
The Corporation As Insider Trader, Mark J. Loewenstein, William K.S. Wang
The Corporation As Insider Trader, Mark J. Loewenstein, William K.S. Wang
Publications
With regard to issuer purchases, some of the traditional policy rationales against insider trading do not apply or apply with less force. Nevertheless, courts, commentators, and the SEC have all stated or assumed that a public corporation violates rule 10b-5 by buying its own shares in the market based on material, nonpublic information. In rule 10b-5 cases involving face-to-face transactions, several circuit courts have ruled that the company may not purchase its own stock based on material information not known to the seller. No good reason exists not to apply these precedents to stock market trades by issuers, especially because …
A Brief Survey Of Deconstruction, Pierre Schlag
Capitalism, Social Marginality, And The Rule Of Law's Uncertain Fate In Modern Society, Ahmed A. White
Capitalism, Social Marginality, And The Rule Of Law's Uncertain Fate In Modern Society, Ahmed A. White
Publications
The rule of law is liberalism's key juridical aspiration. Yet its norms, centered on the principles of legality and legal generality, are being compromised all over the political and legal landscape. For decades, the dominant explanation of this worrying condition has focused mainly on the rise of the welfare state and its apparent incompatibility with the rule of law. But this approach, though shared by a politically diverse range of scholars, is outdated and misconceives the problem. A central function of the modem state has always been to prevent capitalism's inherent tendencies toward social marginalization from devolving into general social …
Considering Individual Religious Freedoms Under Tribal Constitutional Law, Kristen A. Carpenter
Considering Individual Religious Freedoms Under Tribal Constitutional Law, Kristen A. Carpenter
Publications
As American Indian nations revitalize their legal systems, there is renewed interest in "tribal law," that is, the law of each of the Indian nations. Today, there is a particular focus on the subject of "individual rights" under tribal law. In tribal contexts, people are highly interested in the legal institutions and rules that govern their lives, especially as many tribal communities are experiencing a period of great political, social, and economic change. At the national level, the Supreme Court repeatedly expresses concern about whether individuals, especially non-Indians, will be treated fairly in tribal court. For scholars, individual rights under …
The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches
The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches
Publications
No abstract provided.
International Environmental Law: 2005 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran
International Environmental Law: 2005 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran
Publications
No abstract provided.
National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein
National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein
Publications
No abstract provided.
Rites And Rights In Afghanistan: The Hazara And The 2004 Constitution, Justin Desautels-Stein
Rites And Rights In Afghanistan: The Hazara And The 2004 Constitution, Justin Desautels-Stein
Publications
No abstract provided.
Indigenous Peoples’ Participatory Rights In Relation To Decisions About Natural Resource Extraction: The More Fundamental Issue Of What Rights Indigenous Peoples Have In Lands And Resources, James Anaya
Publications
No abstract provided.
Statutes Of Limitations: A Policy Analysis In The Context Of Reparations Litigation, Suzette M. Malveaux
Statutes Of Limitations: A Policy Analysis In The Context Of Reparations Litigation, Suzette M. Malveaux
Publications
This article discusses the underlying policy rationales for statutes of limitations and their exceptions, as demonstrated by Supreme Court precedents. This article explores limitations law in the context of a case brought by African-American survivors of the Tulsa Race Riot of 1921 who sought restitution from the local government for its participation in one of the worst race riots in American history, in violation of their constitutional and federal civil rights. Using the Tulsa case as an exemplar, this article analyzes the propriety of the case’s dismissal as time-barred, and contends that this outcome was unwarranted under precedents and failed …
Where There's At-Will, There Are Many Ways: Redressing The Increasing Incoherence Of Employment At Will, Scott A. Moss
Where There's At-Will, There Are Many Ways: Redressing The Increasing Incoherence Of Employment At Will, Scott A. Moss
Publications
Employment at will, the doctrine holding that employees have no legal remedy for unfair terminations because they hold their jobs at the will of the employer, has become mired in incoherence. State courts praise the common law rule as "essential to free enterprise" and "central to the free market," but in recent years they increasingly have riddled the rule with exceptions, allowing employee claims for whistleblowing, fraud, etc. Yet states have neither rejected employment at will nor shown any consistency in recognizing exceptions. Strikingly, states cite the same rationales to adopt and reject opposite exceptions, as a case study of …
Online Bibliographic Services, Georgia Briscoe
Executive Power And The Public Lands, Harold H. Bruff
Executive Power And The Public Lands, Harold H. Bruff
Publications
No abstract provided.
Recovering Homelands, Governance, And Lifeways: A Book Review Of Blood Struggle: The Rise Of Modern Indian Nations, Kristen A. Carpenter
Recovering Homelands, Governance, And Lifeways: A Book Review Of Blood Struggle: The Rise Of Modern Indian Nations, Kristen A. Carpenter
Publications
No abstract provided.
Navigating Diverse Identities: Building Coalitions Through Redistribution Of Academic Capital--An Exercise In Praxis, Aya Gruber
Publications
No abstract provided.
Book Review, Lakshman D. Guruswamy