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Articles 1 - 30 of 38
Full-Text Articles in Law
The Executive’S Authority Over Enemy Combatants: Due Process And Its Limits., Barry Sullivan
The Executive’S Authority Over Enemy Combatants: Due Process And Its Limits., Barry Sullivan
Faculty Publications & Other Works
No abstract provided.
Methods And Materials In Constitutional Law: Some Thoughts On Access To Government Information As A Problem For Constitutional Theory And Socio-Legal Studies.”, Barry Sullivan
Faculty Publications & Other Works
To be subject to law, Hobbes argued, is to be deprived of liberty, as we understand it. In this respect, democratic governments are no different from others. Hobbes's insight has not caused us to abandon our commitments to democracy, but it still challenges us to think hard about the nature of representative government, the nature of citizenship in a democratic society, and the conditions necessary for fulfilling the promise of democratic citizenship. Two recent trends are evident. Some citizens have embraced a more active sense of citizenship, which necessarily entails a more insistent need for information, while governments have insisted …
Advocating For Children In Care In A Climate Of Economic Recession: The Relationship Between Poverty And Child Maltreatment., Bruce A. Boyer, Amy E. Halbrook
Advocating For Children In Care In A Climate Of Economic Recession: The Relationship Between Poverty And Child Maltreatment., Bruce A. Boyer, Amy E. Halbrook
Faculty Publications & Other Works
No abstract provided.
Grown-Up Income Shifting: Yesterday's Kiddie Tax Is Not Enough., Samuel Brunson
Grown-Up Income Shifting: Yesterday's Kiddie Tax Is Not Enough., Samuel Brunson
Faculty Publications & Other Works
No abstract provided.
Reigning In Charities: Using An Intermediate Penalty To Enforce The Campaigning Prohibition., Samuel Brunson
Reigning In Charities: Using An Intermediate Penalty To Enforce The Campaigning Prohibition., Samuel Brunson
Faculty Publications & Other Works
No abstract provided.
Taking Economic Human Rights Seriously After The Debt Crisis., Steven A. Ramirez
Taking Economic Human Rights Seriously After The Debt Crisis., Steven A. Ramirez
Faculty Publications & Other Works
No abstract provided.
Dodd-Frank As Maginot Line., Steven A. Ramirez
Dodd-Frank As Maginot Line., Steven A. Ramirez
Faculty Publications & Other Works
No abstract provided.
When Should Asset Appreciation Be Taxed?: The Case For A Disposition Standard Of Realization., Jeffrey L. Kwall
When Should Asset Appreciation Be Taxed?: The Case For A Disposition Standard Of Realization., Jeffrey L. Kwall
Faculty Publications & Other Works
No abstract provided.
Beyond Judicial Activism: When The Supreme Court Is No Longer A Court., Margaret L. Moses
Beyond Judicial Activism: When The Supreme Court Is No Longer A Court., Margaret L. Moses
Faculty Publications & Other Works
No abstract provided.
The Road Not Taken: Catholic Legal Education At The Middle Of The Twentieth Century., John M. Breen
The Road Not Taken: Catholic Legal Education At The Middle Of The Twentieth Century., John M. Breen
Faculty Publications & Other Works
No abstract provided.
The Echoes Of Slavery: Recognizing The Racist Origins Of The Agricultural And Domestic Worker Exclusion From The National Labor Relations Act., Juan F. Perea
Faculty Publications & Other Works
No abstract provided.
Toward A Just Measure Of Repose: The Statute Of Limitations For Securities Fraud., Michael J. Kaufman
Toward A Just Measure Of Repose: The Statute Of Limitations For Securities Fraud., Michael J. Kaufman
Faculty Publications & Other Works
Statutes of limitations, a long-standing bulwark of civil litigation, mitigate the risk that evidence of meritorious claims will become stale and relieve defendants who might be exposed to claims from unending uncertainty about whether claims will be brought. But these twin rationales are balanced against allowing plaintiffs sufficient time to discover and file meritorious claims. This balance is manifest in the judicial and congressional effort to fashion a statute of limitations for securities fraud claims. The Supreme Court in Merck & Co. v. Reynolds recently attempted to strike that balance in its interpretation of the statute of limitations for securities …
The Due Process Rights Of Residential Tenants In Mortgage Foreclosure Cases., Henry Rose
The Due Process Rights Of Residential Tenants In Mortgage Foreclosure Cases., Henry Rose
Faculty Publications & Other Works
No abstract provided.
The Pre-History Of Fair Use., Matthew Sag
The Pre-History Of Fair Use., Matthew Sag
Faculty Publications & Other Works
No abstract provided.
Creditors’ Contempt., Lea Krivinskas Shepard
Creditors’ Contempt., Lea Krivinskas Shepard
Faculty Publications & Other Works
This Article takes a fresh look at the power of courts and creditors to force debtors to repay their obligations through in personam collection techniques. Variously known as "debtor's examinations," "turnover orders," "citations to discover assets,' "supplementary proceedings," "proceedings supplementary," and "proceedings in aid of execution," in personam remedies force the debtor, under threat of the court's contempt authority, to turn over money or property directly to a creditor. Because the exercise of the court's contempt authority can result in a debtor's imprisonment, in personam techniques have long been regarded as a critical but potentially very coercive arrow in a …
Section 16(B) And Its Limitations Period: The Case For Equitable Tolling., Michael J. Kaufman
Section 16(B) And Its Limitations Period: The Case For Equitable Tolling., Michael J. Kaufman
Faculty Publications & Other Works
No abstract provided.
Congressional Authority To Interpret The Thirteenth Amendment., Alexander Tsesis
Congressional Authority To Interpret The Thirteenth Amendment., Alexander Tsesis
Faculty Publications & Other Works
No abstract provided.
Global Access To Medicine: The Influence Of Competing Perspectives., Cynthia M. Ho
Global Access To Medicine: The Influence Of Competing Perspectives., Cynthia M. Ho
Faculty Publications & Other Works
No abstract provided.
Due Process In Civil Commitments., Alexander Tsesis
Due Process In Civil Commitments., Alexander Tsesis
Faculty Publications & Other Works
In one of its most controversial decisions to date, United States v Comstock, the Roberts Court upheld a federal civil commitment statute requiring only an intermediate burden of proof The statute provided for the postsentencing confinement of anyone proven by "clear and convincing evidence" to be mentally ill and dangerous. The law relied on a judicial standard established more than thirty years before. The majority in Comstock missed the opportunity to reassess the precedent in light of recent psychiatric studies indicating that the ambiguity of available diagnostic tools can lead to erroneous insanity assessments and mistake evaluations about patients' likelihood …
Religion And The Purification Of Reason: Why The Liberal State Requires More Than Simple Tolerance., John M. Breen
Religion And The Purification Of Reason: Why The Liberal State Requires More Than Simple Tolerance., John M. Breen
Faculty Publications & Other Works
No abstract provided.
The Abortion Informed Consent Debate: More Light, Less Heat., Nadia N. Sawicki
The Abortion Informed Consent Debate: More Light, Less Heat., Nadia N. Sawicki
Faculty Publications & Other Works
No abstract provided.
Unions & The Great Recession: Is Transnationalism The Answer?, Michael J. Zimmer
Unions & The Great Recession: Is Transnationalism The Answer?, Michael J. Zimmer
Faculty Publications & Other Works
No abstract provided.
Corporate Governance And Competition Policy., Spencer Weber Waller
Corporate Governance And Competition Policy., Spencer Weber Waller
Faculty Publications & Other Works
No abstract provided.
The Dodd- Frank Wall Street Reform And Consumer Protection Act: What Caused The Financial Crisis And Will Dodd-Frank Succeed In Preventing Future Crises?, Charles W. Murdock
The Dodd- Frank Wall Street Reform And Consumer Protection Act: What Caused The Financial Crisis And Will Dodd-Frank Succeed In Preventing Future Crises?, Charles W. Murdock
Faculty Publications & Other Works
No abstract provided.
The Humanity Of Advocacy, Barry Sullivan
The Humanity Of Advocacy, Barry Sullivan
Faculty Publications & Other Works
No abstract provided.
Two Men And Twenty Years Of Meetings: Norman Amaker, Derrick Bell, And The Midwestern People Of Color Legal Scholarship Conference From 1990-2010., Neil G. Williams
Two Men And Twenty Years Of Meetings: Norman Amaker, Derrick Bell, And The Midwestern People Of Color Legal Scholarship Conference From 1990-2010., Neil G. Williams
Faculty Publications & Other Works
No abstract provided.
John Courtney Murray S.J.: A Model Of Engagement., Robert J. Araujo S.J.
John Courtney Murray S.J.: A Model Of Engagement., Robert J. Araujo S.J.
Faculty Publications & Other Works
No abstract provided.
Food Sovereignty For Poor Countries In The Global Trading System, James T. Gathii
Food Sovereignty For Poor Countries In The Global Trading System, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
The Neoliberal Turn In Regional Trade Agreements, James T. Gathii
The Neoliberal Turn In Regional Trade Agreements, James T. Gathii
Faculty Publications & Other Works
Abstract: This Article makes two primary arguments. First that the increased resort to bilateral and regional trade agreements has taken a neoliberal turn. As such bilateral and regional trade agreements are now a primary means through which greater investor protections, commodification of social services, guaranteed rights of investor access to investment opportunities, privatization of public service goods, and generally the diminution of sovereign control are being realized. These trade agreements make the foregoing goals possible not just in developing countries, but in industrialized economies as well. I show that these agreements provide business interests with opportunities to exercise concerted pressure …
Twail: A Brief History Of Its Origins, Its Decentralized Network, And A Tentative Bibliography, James T. Gathii
Twail: A Brief History Of Its Origins, Its Decentralized Network, And A Tentative Bibliography, James T. Gathii
Faculty Publications & Other Works
No abstract provided.