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Articles 1 - 30 of 42
Full-Text Articles in Law
Jewish Honor Courts: Revenge, Retribution, And Reconciliation In Europe And Israel After The Holocaust, David Abraham
Jewish Honor Courts: Revenge, Retribution, And Reconciliation In Europe And Israel After The Holocaust, David Abraham
Articles
No abstract provided.
Beyond Zero-Sum Environmentalism, Jessica Owley, Shalanda Baker, Robin Kundis Craig, John Dernbach, Keith Hirokawa, Sarah Krakoff, Melissa Powers, Shannon Roesler,, Jonathan Rosenbloom, J. B. Ruhl, Jim Salzman, Inara Scott, David Takacs
Beyond Zero-Sum Environmentalism, Jessica Owley, Shalanda Baker, Robin Kundis Craig, John Dernbach, Keith Hirokawa, Sarah Krakoff, Melissa Powers, Shannon Roesler,, Jonathan Rosenbloom, J. B. Ruhl, Jim Salzman, Inara Scott, David Takacs
Articles
Environmental law and environmental protection are often portrayed as requiring trade offs: "jobs versus environment," "markets versus regulation," "enforcement versus incentives." In the summer of 2016, members of the Environmental Law Collaborative gathered to consider how environmentalism and environmental regulation can advance beyond this framing to include new constituents and offer new pathways to tackle the many significant challenges ahead. Months later, the initial activities of the Trump Administration highlighted the use of zero-sum rhetoric, with the appointment of government officials and the issuance of executive orders that indeed seem to view environmental issues as in a zero-sum relationship with …
Mineral Estate Conservation Easements: A New Policy Instrument To Address Hydraulic Fracturing And Resource Extraction, Jessica Owley, Robert B. Jackson, James Salzman
Mineral Estate Conservation Easements: A New Policy Instrument To Address Hydraulic Fracturing And Resource Extraction, Jessica Owley, Robert B. Jackson, James Salzman
Articles
No abstract provided.
The Life And Legacy Of Professor Calvin R. Massey: A Select Annotated Bibliography, Nicholas Mignanelli
The Life And Legacy Of Professor Calvin R. Massey: A Select Annotated Bibliography, Nicholas Mignanelli
Articles
No abstract provided.
Government Employee Religion, Caroline Mala Corbin
Government Employee Religion, Caroline Mala Corbin
Articles
Picture a county clerk who refuses to issue a marriage license to an LGBT couple or a city bus driver who insists on wearing a hijab. The clerk is fired for failing to fulfill job responsibilities and the bus driver for violating official dress codes. Both claim that their termination violates the First Amendment speech and religion clauses.
There is a well-developed First Amendment government employee speech jurisprudence. Less developed is the doctrine and literature for First Amendment government employee religion. The existing Free Exercise Clause jurisprudence usually does not specifically account for the government employee context. This Article attempts …
What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler
What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler
Articles
Major legislative actions during the early part of the I I 5th Congress have undermined the central argument for regulator reform measures such as the RELVS Act, a bill that would require congressional approval of all new major regulations. Proponents of the RELVS Act argue that it would make the federal regulator system more democratic by shifting responsibility for regulatoy decisions away from unelected bureaucrats and toward the people's representatives in Congress. But separate legislative actions in the opening of the 115th Congress only call this argument into question. Congress's most s 'gni/cant initiatives during this period-its derailed attempts to …
Cosmopolitan Democracy And The Detention Of Immigrant Families, Rebecca Sharpless
Cosmopolitan Democracy And The Detention Of Immigrant Families, Rebecca Sharpless
Articles
No abstract provided.
Beyond The Great Divide: Federalism Concerns In Municipal Insolvency, Andrew B. Dawson
Beyond The Great Divide: Federalism Concerns In Municipal Insolvency, Andrew B. Dawson
Articles
No abstract provided.
Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless
Zone Of Nondeference: Chevron And Deportation For A Crime, Rebecca Sharpless
Articles
No abstract provided.
Trading Spaces: The Changing Role Of The Executive In U.S. Trade Lawmaking, Kathleen Claussen
Trading Spaces: The Changing Role Of The Executive In U.S. Trade Lawmaking, Kathleen Claussen
Articles
Since the earliest days of the republic, the U.S. executive has wielded a significant but constitutionally bounded influence on the direction of U.S. trade law. In the twenty-first century, the growth of free trade agreements has led to an institutionalization of trade norms that permits the executive many more spaces for engagement with trading partners. In addition, other types of quotidian lawmaking extend the power of the executive in both public and hidden spaces beyond congressional delegation, even as that power remains substantially bounded by congressional control. This Article analyzes the dynamics between the branches that will direct future U.S. …
“Letting Kids Be Kids”: Youth Voice And Activism To Reform Foster Care And Promote “Normalcy”, Bernard P. Perlmutter
“Letting Kids Be Kids”: Youth Voice And Activism To Reform Foster Care And Promote “Normalcy”, Bernard P. Perlmutter
Books and Book Chapters
In this chapter, I examine stories that foster care youth tell to legislatures, courts, policymakers, and the public to influence policy decisions. The stories told by these children are analogized to victim truth testimony, analyzed as a therapeutic, procedural, and developmental process, and examined as a catalyst for systemic accountability and change. Youth stories take different forms and appear in different media: testimony in legislatures, courts, research surveys or studies; opinion editorials and interviews in newspapers or blog posts; digital stories on YouTube; and artistic expression. Lawyers often serve as conduits for youth storytelling, translating their clients’ stories to the …
Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless
Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless
Articles
No abstract provided.
Valuing Identity, Osamudia R. James
Ending The Pursuit: Releasing Attorney Advertising Regulations At The Intersection Of Technology And The First Amendment, Jan L. Jacobowitz
Ending The Pursuit: Releasing Attorney Advertising Regulations At The Intersection Of Technology And The First Amendment, Jan L. Jacobowitz
Articles
No abstract provided.
Exploiting Conservation Lands: Can Hydrofracking Be Consistent With Conservation Easements, Jessica Owley, Collin Doane
Exploiting Conservation Lands: Can Hydrofracking Be Consistent With Conservation Easements, Jessica Owley, Collin Doane
Articles
No abstract provided.
The Separation Of Corporate Law And Social Welfare, William Wilson Bratton
The Separation Of Corporate Law And Social Welfare, William Wilson Bratton
Articles
No abstract provided.
"Revenge Porn" Reform: A View From The Front Lines, Mary Anne Franks
"Revenge Porn" Reform: A View From The Front Lines, Mary Anne Franks
Articles
The legal and social landscape of "revenge porn" has changed dramatically in the last few years. Before 2013, only three states criminalized the unauthorized disclosure of sexually explicit images of adults and few people had ever heard the ternm "revenge porn." As of July 2017, thirty-eight states and Washington, D.C. had criminalized the conduct; federal criminal legislation on the issue had been introduced in Congress; Google, Facebook, and Twitter had banned nonconsensual pornography from their platforms; and the term "revenge porn" had been added to the Merriam- Webster Dictionary. I have had the privilege of playing a role in many …
A Free Speech Tale Of Two County Clerk Refusals, Caroline Mala Corbin
A Free Speech Tale Of Two County Clerk Refusals, Caroline Mala Corbin
Articles
The ever-expanding Free Speech Clause has made possible claims that would have been unthinkable until recently. This symposium Essay examines the compelled speech claims of two hypothetical county clerks who believe that marriage should be limited to unions between one man and one woman, and who argue that forcing them to issue marriage licenses to gay and lesbian couples compels them to speak in favor of same-sex marriage in violation of the Free Speech Clause.
When a government employee such as a county clerk speaks, she may not be speaking as just a private individual. She may also be speaking …
A Tale Of Two Clinics: Similarities And Differences In Evidence Of The Clinic Effect On The Development Of Law Students' Ethical And Altruistic Professional Identities, Jonel Newman, Donald Nicolson
A Tale Of Two Clinics: Similarities And Differences In Evidence Of The Clinic Effect On The Development Of Law Students' Ethical And Altruistic Professional Identities, Jonel Newman, Donald Nicolson
Articles
No abstract provided.
Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann
Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann
Articles
This Article explores constitutional limits and regulatory openings for innovative state policies to mitigate climate change by promoting climate-friendly, renewable energy. In the absence of a comprehensive federal policy approach to climate change and clean energy, more and more states are stepping in to fill the policy void. Already, nearly thirty states have adopted renewable portfolio standards that create markets for solar, wind, and other clean electricity. To help populate these markets, a few pioneering states have recently started using feed-in tariffs that offer eligible generators above-market rates for their clean, renewable power.
But renewable portfolio standards, feed-in tariffs, and …
The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki
The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki
Articles
In this Article, we explore a central problem facing creative industries: how to organize collaborative creative production. We argue that informal rules are a significant and pervasive-but nonetheless underappreciated-tool f or solving the problem. While existing literature has focused on how informal rules sustain incentives for producing creative work, we demonstrate how such rules can facilitate and organize collaboration in the creative space.
We also suggest that informal rules can be a better fit for creative organization than formal law. On the one side, unique features of creativity, especially high uncertainty and low verifiability, lead to organizational challenges that formal …
Essay: Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin
Essay: Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin
Articles
When you hear the word "terrorist" who do you picture? Chances are, it is not a white person. In the United States, two common though false narratives about terrorists who attack America abound. We see them on television, in the movies, on the news, and, currently, in the Trump administration. The first is that "terrorists are always (brown) Muslims." The second is that "white people are never terrorists.
Different strands of critical race theory can help us understand these two narratives. One strand examines the role of unconscious cognitive biases in the production of stereotypes, such as the stereotype of …
Qui Custodiet Custodes? A Hard Look At International Arbitral Institutions, Jan Paulsson
Qui Custodiet Custodes? A Hard Look At International Arbitral Institutions, Jan Paulsson
Articles
No abstract provided.
Changing Course, Sergio J. Campos
The Next Generation Of U.S.-Africa Trade Instruments, Kathleen Claussen
The Next Generation Of U.S.-Africa Trade Instruments, Kathleen Claussen
Articles
No abstract provided.
From Law Reform To Lived Justice: Marriage Equality, Personal Praxis, And Queer Normativity In The United States, Francisco Valdes
From Law Reform To Lived Justice: Marriage Equality, Personal Praxis, And Queer Normativity In The United States, Francisco Valdes
Articles
No abstract provided.
Corporate Governance, Compliance, Social Responsibility, And Enterprise Risk Management In The Trump/Pence Era, Marcia Narine Weldon
Corporate Governance, Compliance, Social Responsibility, And Enterprise Risk Management In The Trump/Pence Era, Marcia Narine Weldon
Articles
No abstract provided.
Medical-Legal Partnerships With Communities: Legal Empowerment To Transform Care, Tamar Ezer
Medical-Legal Partnerships With Communities: Legal Empowerment To Transform Care, Tamar Ezer
Articles
Medical-legal partnerships (MLPs) integrate legal services into health care settings to provide holistic care and address the social determinants of health. This article brings a legal-empowerment lens to MLP work, arguing for a stronger focus on communities. It examines the application to MLPs of bringing services to communities, investing in rights literacy, and partnering with community-based paralegals. It then outlines the potential for a transformation in health and legal services to a rights - rather than needs-based framework where communities are active partners in program design and development.
Simplexity: Plain Language And The Tax Law, Joshua D. Blank, Leigh Osofsky
Simplexity: Plain Language And The Tax Law, Joshua D. Blank, Leigh Osofsky
Articles
In recent years, federal government agencies have increasingly attempted to use plain language in written communications with the public. The Plain Writing Act of 2010, for instance, requires agencies to incorporate "clear and simple" explanations of rules and regulations into their official publications. In the tax context, as part of its "customer service" mission, the Internal Revenue Service bears a "duty to explain" the tax law to hundreds of millions of taxpayers who file tax returns each year. Proponents of the plain language movement have heralded this form of communication as leading to simplicity in tax compliance, more equitable access …
Democratic Surveillance, Mary Anne Franks