Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (20)
- Immigration Law (12)
- Land Use Law (11)
- International Law (10)
- First Amendment (8)
-
- Intellectual Property Law (8)
- Legal Ethics and Professional Responsibility (8)
- Civil Procedure (7)
- Civil Rights and Discrimination (7)
- Labor and Employment Law (7)
- Criminal Law (6)
- Judges (6)
- Legal Education (6)
- Torts (6)
- Courts (5)
- Environmental Law (5)
- Health Law and Policy (5)
- Insurance Law (5)
- Jurisprudence (5)
- Law and Gender (5)
- Law and Race (5)
- Legal Writing and Research (5)
- Contracts (4)
- Dispute Resolution and Arbitration (4)
- Election Law (4)
- Juvenile Law (4)
- Law and Psychology (4)
- Law and Society (4)
- Litigation (4)
- Institution
- Keyword
-
- Law (14)
- Constitutional law (12)
- Immigration (8)
- International law (7)
- Supreme Court (7)
-
- Zoning (7)
- Deportation (5)
- First Amendment (5)
- Antitrust (4)
- Courts (4)
- Executive branch (4)
- Freedom of speech (4)
- Tort law (4)
- Children (3)
- Delegation (3)
- Ethics (3)
- Gender (3)
- Insurance (3)
- JOBS Act (3)
- Jurisprudence (3)
- Land use (3)
- Legal writing (3)
- Litigation (3)
- Planning (3)
- President (3)
- Privacy (3)
- Religious freedom (3)
- Tax law (3)
- ACA (2)
- ALI (2)
Articles 121 - 150 of 150
Full-Text Articles in Law
Hobby Lobby: The Crafty Case That Threatens Women's Rights And Religious Freedom, Leslie C. Griffin
Hobby Lobby: The Crafty Case That Threatens Women's Rights And Religious Freedom, Leslie C. Griffin
Scholarly Works
Despite the pro-religion rhetoric surrounding it, Hobby Lobby marks a loss of religious freedom. Missing from the majority's opinion is the core concept that religious freedom is necessary to protect the rights of all Americans, and that a religious belief must not be imposed on citizens through the force of law. Any interpretation of the First Amendment or the Religious Freedom Restoration Act ("RFRA")' that imposes one citizen's religious faith upon another must be rejected. This Article defends this non-imposition model of religious freedom and describes why and how Hobby Lobby incorrectly departed from it.
Advocacy As An Exercise In Virtue: Lawyering, Bad Facts, And Furman's High-Stakes Dilemma, Linda H. Edwards
Advocacy As An Exercise In Virtue: Lawyering, Bad Facts, And Furman's High-Stakes Dilemma, Linda H. Edwards
Scholarly Works
Two of the conversations benefitting most from Jack Sammons's scholarship are conversations about legal rhetoric and about virtue ethics. Legal rhetoric is the study of the conventions of legal argument, specifically, the art of identifying and evaluating the best available means of persuasion and implementing those means effectively in light of audience, purpose, and occasion. Virtue ethics approaches moral reflection by asking what sort of person a particular moral choice encourages the actor to become. It focuses on consequences to the moral agent herself rather than directly focusing on consequences to others. The goal is to become a virtuous person, …
Assumed Sane, Fatma Marouf
Assumed Sane, Fatma Marouf
Scholarly Works
In 2014, the Board of Immigration Appeals (BIA) held in Matter of G-G-S- that a noncitizen’s mental health status at the time of an offense is irrelevant to determining whether the offense is a “particularly serious crime” for immigration purposes. Since a “particularly serious crime” is a bar to asylum and withholding of removal, it can result in a noncitizen’s deportation to a country where he or she faces a serious risk of persecution. In deciding that immigration judges “are constrained by how mental health issues were addressed as part of the criminal proceedings,” the BIA failed to recognize the …
Dean's Column: Unlv Law Students Making Tracks In Carson City, Anne R. Traum
Dean's Column: Unlv Law Students Making Tracks In Carson City, Anne R. Traum
Scholarly Works
No abstract provided.
A Word Of Warning From A Woman: Arbitrary, Categorical, And Hidden Religious Exemptions Threaten Lgbt Rights, Leslie C. Griffin
A Word Of Warning From A Woman: Arbitrary, Categorical, And Hidden Religious Exemptions Threaten Lgbt Rights, Leslie C. Griffin
Scholarly Works
Religious exemptions have already undermined women’s rights. Now exemptions threaten gays and lesbians. The Constitution protected women’s equality and liberty until religious exemptions eroded them. Today, as gays and lesbians stand on the threshold of marriage equality, religious exemptions threaten to diminish their hard-earned constitutional right. For this reason, I argue it is past time to reject the religious exemption theory of religious liberty, which privileges religion over civil and constitutional rights, in favor of neutral laws that govern all. Religious exemptions pervade American law in numerous ways that are harmful to civil rights.
In this essay, I identify three …
Abortion And Compelled Physician Speech, David Orentlicher
Abortion And Compelled Physician Speech, David Orentlicher
Scholarly Works
No abstract provided.
Feminism In Yellowface, Stewart Chang
Feminism In Yellowface, Stewart Chang
Scholarly Works
This article analyzes the relationship between sexualized stereotypes of Asian women, specifically the Asian prostitute epitomized in the Suzie Wong stereotype, and the tendency of American immigration law, even in pro-women legislation such as the TVPA, to promote conservative norms regarding female sexuality and domesticity. Part I explains the significance of Asian prostitution in the history and evolution of United States immigration policy. In the nineteenth century, the Asian prostitute was constructed as the antithesis to normative American sexuality, as a foreign peril that threatened the integrity of the American domestic unity and therefore required rejection and exclusion. Part II …
Gay Liberation In The Illiberal State, Stewart Chang
Gay Liberation In The Illiberal State, Stewart Chang
Scholarly Works
A comparative analysis of incrementalist approaches to gay rights as they are deployed in the United States and Singapore demonstrates that seeking gay rights in a full democracy is actually no better than seeking them in an authoritarian regime. Incrementalism ultimately promotes sexual nornativity by dividing the gay community into "good gays," who deserve equal protections, and "bad queers," who are further marginalized. Incrementalism in the United States began with decriminalization of sodomy and terminated with the recognition of gay imarriage but did so by imagining gay sexuality within the context of committed relationships. The gay rights movement in Singapore …
The Common Law Right To Information, Joseph Regalia
The Common Law Right To Information, Joseph Regalia
Scholarly Works
A once-thriving doctrine, today the common law right to information has been largely forgotten by U.S. courts at both the state and federal level. But courts have not paused to question whether the common law right still has a role to play in modern litigation. One reason may be the dearth of case law explaining the common law right's operation. Another may be that courts believe this doctrine has been eradicated by the advent of freedom of information laws. This article first brings together the disparate authority on the common law right in an attempt to pin down the precise …
Are We Serious About Performers' Rights?, Mary Lafrance
Are We Serious About Performers' Rights?, Mary Lafrance
Scholarly Works
Do performers have rights in the expressive works they help to create? Historically, the rights of performers have received far less attention that the rights of traditional authors. The law has been reluctant to recognize performers as authors and, to the extent that performers’ rights are recognized, they are secondary to, and more limited than, the rights of traditional authors. Recent developments, however, have brought performers’ intellectual property rights to the forefront. For a number of reasons, performers in the United States have increasingly begun to assert authorship rights in the works they help to create. In addition, recent international …
The Criminality Of "Tax Planning", Michelle M. Kwon
The Criminality Of "Tax Planning", Michelle M. Kwon
Scholarly Works
In recent years, the federal government has adopted an aggressive prosecution policy that targets tax advisors who help their clients evade taxes. Increased prosecutions coupled with the present-day sophistication of tax practice call for a critical examination of the willfulness standard applied to tax advisors who use the Code and Treasury regulations as part of their regular practices. This is something no previous legal scholarship has done. To establish willfulness, the government must show that a person accused of a tax crime intentionally violated a known legal duty. Because knowledge of illegality is an element of the government's tax evasion …
Finding New Inspiration In The Adaaa, Alex B. Long
Finding New Inspiration In The Adaaa, Alex B. Long
Scholarly Works
No abstract provided.
The Curious Case Of Competition And Quality, Maurice Stucke, Ariel Ezrachi
The Curious Case Of Competition And Quality, Maurice Stucke, Ariel Ezrachi
Scholarly Works
Alongside the consideration of price, competition authorities recognize that quality can be as, if not more, important in some markets. But as competition authorities also recognize, identifying the dimensions of competition important to many consumers is difficult. Even when these dimensions of quality are identified, measuring them represents additional challenges.
To circumvent these challenges, competition authorities rely on several heuristics when assessing a merger’s, cartel’s or monopolistic restraint’s impact on quality. Often the heuristics work well for the competition authorities.
Our paper, however, identifies several scenarios where these heuristics break down, when competition and quality are not positively correlated, and …
A Response To Professor Sperino's Retaliation And The Unreasonable Judge, Alex B. Long
A Response To Professor Sperino's Retaliation And The Unreasonable Judge, Alex B. Long
Scholarly Works
No abstract provided.
Enforcement Overdose: Health Care Fraud Regulation In An Era Of Overcriminalization And Overtreatment, Isaac ("Zack") D. Buck
Enforcement Overdose: Health Care Fraud Regulation In An Era Of Overcriminalization And Overtreatment, Isaac ("Zack") D. Buck
Scholarly Works
In an effort to address the growing problem of “overtreatment” in American health care, the federal government has turned to its 150-year-old statute, the civil False Claims Act (FCA) to prosecute providers who do too much. Lacking many of the traditional hallmarks of conventional health care fraud scenarios, this new enforcement framework features cases in which the government alleges that a provider is administering health care that is inefficient, too costly, or unnecessary. As I have argued before, in addition to ensnaring “innocent” providers, this regulatory regime allows the federal government to both (1) freeze practice standards by arresting their …
Against The Neighborhood Veto, Michael Lewyn
Against The Neighborhood Veto, Michael Lewyn
Scholarly Works
American zoning often gives neighborhoods elective veto power over nearby real estate development. This “neighborhood veto” sometimes artificially reduces housing supply and urban density, thus making housing more expensive and making American cities more dependent on automobiles. This article criticizes the common arguments that neighborhood activists use to restrict development.
Overvaluing Employer-Sponsored Health Insurance, Lauren R. Roth
Overvaluing Employer-Sponsored Health Insurance, Lauren R. Roth
Scholarly Works
Although positive and negative assessments of tying health insurance to employment abound, most scholars and policymakers have acknowledged that our long history in this area predicts our future. What they have largely ignored, however, is the extent to which individual attachment to employment-based insurance is at the root of our inability to make broader health reforms. The attachment (1) harms exchange-based insurance and (2) denies employers the ability to use Health Reimbursement Arrangements (“HRAs”) to subsidize the purchase of insurance by their employees on the exchanges.
This Article advocates reducing or eliminating workers’ overvaluation of their health insurance and increasing …
Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine
Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine
Scholarly Works
Notwithstanding the rich scholarly literature debating the proper roles of lawyers and the precise contours of lawyers’ ethical conduct, as a descriptive matter, the American legal system operates as an adversarial system, premised in part upon clear demarcations between the functions of different lawyers within the system. Broadly speaking, prosecutors have the distinct role of serving justice, which includes the duty to try to convict criminal defendants who are deserving of punishment, in a way that is consistent with both substantive and procedural justice. In contrast, private attorneys have a duty to zealously represent the best interests of their clients, …
The Law And The “Spirit Of The Law” In Legal Ethics, Samuel J. Levine
The Law And The “Spirit Of The Law” In Legal Ethics, Samuel J. Levine
Scholarly Works
This article aims to explore the notion of the lawyer’s ethical responsibility to go “beyond” the letter of the law and to comply with the “spirit” or “purpose” of the law. The article suggests that, notwithstanding its promotion of admirable principles and goals, a spirit of the law model may prove inconsistent with basic legal and ethical obligations of lawyers. The lawyer’s duties as fiduciary, as agent, and as zealous advocate, responsible for representing the best interests of the client, preclude the lawyer from focusing on the spirit and purpose of the law rather than on the aims of the …
A Three-Legged Stool On Two Legs: Recent Federal Law Related To Local Climate Resilience Planning And Zoning, Sarah Adams-Schoen, Edward Thomas
A Three-Legged Stool On Two Legs: Recent Federal Law Related To Local Climate Resilience Planning And Zoning, Sarah Adams-Schoen, Edward Thomas
Scholarly Works
Notwithstanding a critical gap between climate change related risks and preparedness in the United States, congress has yet to pass any federal law expressly addressing climate change hazard mitigation (or any other aspect of climate change) and appears unlikely to do so anytime soon. Despite this, the first half of 2015 has seen a number of actions in the other two branches of the federal government with significant implications for local hazard mitigation planning, zoning, and development. Of particular note, and as discussed in more detail below, the President issued an Executive Order and the Federal Emergency Management Agency (FEMA) …
A Response To The Ipcc Fifth Assessment, Sarah Adams-Schoen, Deepa Badrinarayana, Cinnamon Pinon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon Roesler, Jonathan D. Rosenbloom, Inara K. Scott, David Takacs
A Response To The Ipcc Fifth Assessment, Sarah Adams-Schoen, Deepa Badrinarayana, Cinnamon Pinon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon Roesler, Jonathan D. Rosenbloom, Inara K. Scott, David Takacs
Scholarly Works
This collection of essays is the initial product of the second meeting of the Environmental Law Collaborative, a group of environmental law scholars that meet to discuss important and timely environmental issues. Here, the group provides an array of perspectives arising from the Fifth Assessment of the Intergovernmental Panel on Climate Change. Each scholar chose one passage from one of the IPCC’s three Summaries for Policymakers as a jumping-off point for exploring climate change issues and responding directly to the reports. The result is a variety of viewpoints on the future of how law relates to climate change, a result …
Designing A Solo And Small Practice Curriculum, Meredith R. Miller
Designing A Solo And Small Practice Curriculum, Meredith R. Miller
Scholarly Works
There is a reality commonly ignored by the curriculum in most law schools: the largest segment of law graduates will eventually be solo or small firm practitioners. Even before the Great Recession, nearly two thirds of lawyers in the United States practiced in solo or small firms. Since 2008, trends show an increase in the number of recent law graduates that “hang a shingle.” According to a 2012 report of the American Bar Association, about three-quarters of lawyers in the United States work in private practice. Of those attorneys, about seventy percent are in solo or small firms. Many find …
Oil And Water: How Legal Education's Doctrine And Skills Divide Reproduces Toxic Hierarchies, Lucille Jewel
Oil And Water: How Legal Education's Doctrine And Skills Divide Reproduces Toxic Hierarchies, Lucille Jewel
Scholarly Works
The longstanding categorical distinction that elevates doctrinal teaching over skills teaching continues to harm the profession of law. In this Article, I consider two distinct effects produced by the doctrine/skills dichotomy. First, the dichotomy is responsible for reinforcing class, gender, and race segmentation in legal education, which limits the quality of instruction that law schools can provide and abets the reproduction of existing power relations in the legal profession and society at large.
Second, the antipodal positioning of doctrine and theory over skills and practice harms law schools’ ability to prepare a new generation of law students to engage in …
Good-Bye Significant Contacts: General Personal Jurisdiction After Daimler Ag V. Bauman, Judy Cornett
Good-Bye Significant Contacts: General Personal Jurisdiction After Daimler Ag V. Bauman, Judy Cornett
Scholarly Works
This article shows that the Supreme Court's opinion in Daimler AG v. Bauman (2014) marks a significant departure from settled practice. It argues that the decision's restriction of general jurisdiction will prevent reasonable access to courts in some cases, eroding the power of state courts for the sake of achieving policy goals that are more appropriate for the political branches.
Side Effects: State Anti-Fraud Statutes, Off-Label Marketing, And The Solvable Challenge Of Causation, Isaac ("Zack") D. Buck
Side Effects: State Anti-Fraud Statutes, Off-Label Marketing, And The Solvable Challenge Of Causation, Isaac ("Zack") D. Buck
Scholarly Works
While the American public remains preoccupied with the lurching implementation of the Affordable Care Act, the regulation of pharmaceutical companies for their off-label marketing and promotion of drugs is a regulatory environment within the health industry that seems to be in wild flux. Following the Second Circuit’s decision in U.S. v. Caronia, commentators and providers seem unclear about the future of federal regulation in this area, with the FDA seeking to minimize the opinion, and pharmaceutical companies celebrating its impact. Much of the understandably spirited reaction to the Caronia case has omitted a discussion of the relevant and applicable state-law …
The Symbiotic Relationship Between Privacy Law And Anti-Discrimination Law, Alex B. Long
The Symbiotic Relationship Between Privacy Law And Anti-Discrimination Law, Alex B. Long
Scholarly Works
No abstract provided.
What Is Even More Troubling About The "Tortification" Of Employment Discrimination, Alex B. Long
What Is Even More Troubling About The "Tortification" Of Employment Discrimination, Alex B. Long
Scholarly Works
No abstract provided.
Chinese Real Estate Law And The Law And Development Theory: Comparing Law And Practice, Gregory M. Stein
Chinese Real Estate Law And The Law And Development Theory: Comparing Law And Practice, Gregory M. Stein
Scholarly Works
No abstract provided.
Marginalized Fathers And Demonized Mothers: A Feminist Look At The Reproductive Freedom Of Unmarried Men, Michael J. Higdon
Marginalized Fathers And Demonized Mothers: A Feminist Look At The Reproductive Freedom Of Unmarried Men, Michael J. Higdon
Scholarly Works
Just last month, in the state of Utah, twelve biological fathers filed suit, challenging the state’s adoption laws — laws the fathers allege permit “legalized fraud and kidnapping.” Specifically, these laws require nonmarital fathers to promptly take legal action in Utah to preserve their paternal rights. A problem arises, however, as mothers from other states have started traveling to Utah specifically to surrender newborn children for adoption. The fathers, unaware that their children are being placed for adoption in another state, fail to take action in Utah and, as a result, are permanently deprived of all parental rights. In that …
Some Early Thoughts On Liability Standards For Online Providers Of Legal Services, Benjamin H. Barton
Some Early Thoughts On Liability Standards For Online Providers Of Legal Services, Benjamin H. Barton
Scholarly Works
This article discusses how legal malpractice, products liability, and negligence might apply to providers of online legal services.