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Full-Text Articles in Law

Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell Jul 2018

Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell

Thomas W. Mitchell

Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …


A Fresh Look At Title Vii: Sexual Orientation Discrimination As Sex Discrimination, Anthony Michael Kreis May 2018

A Fresh Look At Title Vii: Sexual Orientation Discrimination As Sex Discrimination, Anthony Michael Kreis

Anthony Michael Kreis

Since 2006, the Illinois Human Rights Act has prohibited discrimination in employment because of an employee’s sexual orientation or gender identity. Until 2017, employees discriminated against because of their sexual orientation had no federal cause of action, however. In a landmark decision, Hively v. Ivy Tech, the Court of Appeals for the Seventh Circuit became the first appellate court to hold that federal law’s prohibition of sex discrimination in the workplace also proscribed sexual orientation discrimination. The Hively decision is a substantial departure from decades’ worth of Seventh Circuit precedent and created a split between the circuits. This Article examines …


A Model Regime Of Privacy Protection (Version 2.0), Daniel J. Solove, Chris Jay Hoofnagle Jan 2018

A Model Regime Of Privacy Protection (Version 2.0), Daniel J. Solove, Chris Jay Hoofnagle

Chris Jay Hoofnagle

This version incorporates and responds to the many comments that we received to Version 1.1, which we released on March 10, 2005.

Privacy protection in the United States has often been criticized, but critics have too infrequently suggested specific proposals for reform. Recently, there has been significant legislative interest at both the federal and state levels in addressing the privacy of personal information. This was sparked when ChoicePoint, one of the largest data brokers in the United States with records on almost every adult American citizen, sold data on about 145,000 people to fraudulent businesses set up by identity thieves. …


A Model Regime Of Privacy Protection (Version 1.1), Daniel J. Solove, Chris Jay Hoofnagle Jan 2018

A Model Regime Of Privacy Protection (Version 1.1), Daniel J. Solove, Chris Jay Hoofnagle

Chris Jay Hoofnagle

Privacy protection in the United States has often been criticized, but critics have too infrequently suggested specific proposals for reform. Recently, there has been significant legislative interest at both the federal and state levels in addressing the privacy of personal information. This was sparked when ChoicePoint, one of the largest data brokers in the United States with records on almost every adult American citizen, sold data on about 145,000 people to fraudulent businesses set up by identity thieves.

In the aftermath of the ChoicePoint debacle, both of us have been asked by Congressional legislative staffers, state legislative policymakers, journalists, academics, …


Legisprudence And The Limits Of Legislation תורת החקיקה וגבולות החקיקה, Ittai Bar-Siman-Tov Dec 2017

Legisprudence And The Limits Of Legislation תורת החקיקה וגבולות החקיקה, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This article serves two main purposes. The first is to develop the discussion on legisprudence (legislation theory) in legal scholarship in Israel. Hence, the first part of the Article defines the field, describes its development, discusses its main areas of research, and proposes avenues for future research.
The second purpose of the Article is to explore, both conceptually and normatively, the connection between legisprudence and the limits of legislation. The Article challenges the view that the purpose of legisprudence is not to limit legislation, but rather only to promote better lawmaking and the effectiveness of legislation. The Article argues that …