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Full-Text Articles in Law

Voluntary Petition For Non-Individuals Filing For Bankruptcy Sep 2019

Voluntary Petition For Non-Individuals Filing For Bankruptcy

Catholic Dioceses in Bankruptcy

No abstract provided.


Catholic Dioceses In Bankruptcy, Marie T. Reilly Jan 2019

Catholic Dioceses In Bankruptcy, Marie T. Reilly

Catholic Dioceses in Bankruptcy

The Catholic Church is coping with mass tort liability for sexual abuse of children by priests. Since 2004, eighteen Catholic organizations have filed for relief in bankruptcy. Fifteen debtors emerged from bankruptcy after settling with sexual abuse claimants and insurers. During settlement negotiations, sexual abuse claimants and debtors clashed over the extent of the debtors’ property and ability to pay claims. Although such disputes are common in chapter 11 plan negotiations, the Catholic cases required the parties and bankruptcy courts to account for unique religious attributes of Catholic debtors. This article reviews the arguments and outcomes on property issues based ...


The Constitutionalization Of Fatherhood, Dara Purvis Jan 2019

The Constitutionalization Of Fatherhood, Dara Purvis

Journal Articles

Beginning in the 1970s, the Supreme Court heard a series of challenges to family law statutes brought by unwed biological fathers, questioning the constitutionality of laws that treated unwed fathers differently than unwed mothers. The Court’s opinions created a starkly different constitutional status for unwed fathers than for unwed mothers, demanding additional actions and relationships before an unwed father was considered a constitutional father. Although state parentage statutes have progressed beyond their 1970s incarnations, the doctrine created in those family law cases continues to have impact far beyond family law. Transmission of citizenship in the context of immigration law ...


Trump, Gender Rebels, And Masculinities, Dara Purvis Jan 2019

Trump, Gender Rebels, And Masculinities, Dara Purvis

Journal Articles

Since the inauguration of President Trump, most of his Administration’s actions have been sharply conservative: notably, his efforts to ban transgender Americans from military service. There have been exceptions, however, such as proposals to create support for paid parental leave, an issue previously championed by Democrats.

This seeming contradiction of progressive and regressive policies can be reconciled by viewing the Trump Administration through the lens of masculinities theory. Hegemonic masculinity depends upon sharp differentiation between “real” men and everyone else, the latter occupying places in a hierarchy far below men. In this reading, Trump’s version of parental support ...


Parker V. Brown, The Eleventh Amendment, And Anticompetitive State Regulation, William H. Page, John E. Lopatka Jan 2019

Parker V. Brown, The Eleventh Amendment, And Anticompetitive State Regulation, William H. Page, John E. Lopatka

Journal Articles

The Parker v. Brown (or “state action”) doctrine and the Eleventh Amendment of the Constitution impose different limits on antitrust suits challenging anticompetitive state regulation. The Supreme Court has developed these two versions of state sovereign immunity separately, and lower courts usually apply the immunities independently of each another (even in the same cases) without explaining their relationship. Nevertheless, the Court has derived the two immunities from the same principle of sovereign immunity, so it is worth considering why and how they differ, and what the consequences of the differences are for antitrust policy. The state action immunity is based ...


Immigration Litigation In The Time Of Trump, Shoba Wadhia Jan 2019

Immigration Litigation In The Time Of Trump, Shoba Wadhia

Journal Articles

A number of immigration policies have been announced, implemented, or challenged in courts during the first half of Donald J. Trump's presidency. This Essay provides an update on ongoing litigation on a handful of these policies and was inspired by keynote remarks delivered at the Emerging Immigration Scholars Conference at Brigham Young University in June 2019. The topics covered by this Essay include: litigation affecting those covered by the travel or "Muslim Ban," asylum policy changes, Deferred Action for Childhood Arrivals ("DACA"), unlawful presence rules, and the border wall. This Essay also discusses lessons and common themes emerging from ...


Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia Jan 2019

Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia

Journal Articles

No abstract provided.


The Quantum Of Suspicion Needed For An Exigent Circumstances Search, Kit Kinports Jan 2019

The Quantum Of Suspicion Needed For An Exigent Circumstances Search, Kit Kinports

Journal Articles

For decades, the United States Supreme Court opinions articulating the standard of exigency necessary to trigger the exigent circumstances exception to the Fourth Amendment's warrant requirement have been maddeningly opaque and confusing. Some cases require probable cause, others call for reasonable suspicion, and still others use undefined and unhelpful terms such as "reasonable to believe" in describing how exigent the situation must be to permit the police to proceed without a warrant. Nor surprisingly, the conflicting signals coming from the Supreme Court have led to disagreement in the lower courts.

To resolve this conflict and provide guidance to law ...


Energy Re-Investment, Hari M. Osofsky, Jacqueline Peel, Brett H. Mcdonnell, Anita Foerster Jan 2019

Energy Re-Investment, Hari M. Osofsky, Jacqueline Peel, Brett H. Mcdonnell, Anita Foerster

Journal Articles

Despite worsening climate change threats, investment in energy — in the United States and globally — is dominated by fossil fuels. This Article provides a novel analysis of two pathways in corporate and securities law that together have the potential to shift patterns of energy investment.

The first pathway targets current investments and corporate decision-making. It includes efforts to influence investors to divest from owning shares in fossil fuel companies and to influence companies to address climate change risks in their internal decision-making processes. This pathway has received increasing attention, especially in light of the Paris Agreement and the Trump Administration’s ...


Dual Regulation Of Insurance, Christopher French Jan 2019

Dual Regulation Of Insurance, Christopher French

Journal Articles

Since this country was created, the insurance industry has been principally regulated by the states with infrequent Congressional interventions. As the insurance industry has evolved in recent decades, however, individual states have become unable to adequately regulate some insurers, such as multinational insurers and foreign insurers, because they lack jurisdiction over such entities. Simply having the federal government assume responsibility for regulating insurers will not solve the current regulatory problems, however, because Congress’ past forays into regulating certain areas of insurance generally have yielded poor results. Consequently, this Article makes the novel proposal and argument that, with the creation of ...


There Isn't Any Dumpster, Jill C. Engle Jan 2019

There Isn't Any Dumpster, Jill C. Engle

Journal Articles

No abstract provided.


Americans In Waiting: Finding Solutions For Long Term Residents, Shoba Wadhia Jan 2019

Americans In Waiting: Finding Solutions For Long Term Residents, Shoba Wadhia

Journal Articles

For more than a century, U.S. immigration law has recognized long-term residence as a primary factor in granting formal relief or protection. The rationale for regularizing the status of long-term residence is both clear and multifaceted. Over time, long-term residents in the United States build families, buy homes, and integrate into their communities. These equities, coupled with long-term residence, are reflected in the laws used to legalize and protect noncitizens. Many of these laws include a discretionary component, which is itself a powerful sword used by judges and officers when making immigration decisions.

This paper explores the history and ...