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Articles 1 - 30 of 54
Full-Text Articles in Law
Immigrant Integration And Social Solidarity In A Time Of Crisis: Europe And The United States In A Postwelfare State, David Abraham, David Abraham
Immigrant Integration And Social Solidarity In A Time Of Crisis: Europe And The United States In A Postwelfare State, David Abraham, David Abraham
Articles
A cloud has settled over the immigration regimes of the European welfare states and the United States. Confidence has waned in the viability and value of integrating newcomers into a system of social solidarity. The weakening of civic nationalism and secular constitutional patriotism has unsettled national identities and undermined efforts to facilitate the inclusion of immigrants, especially Muslims. More forceful integration policies might better sustain the welfare state, but individual liberties and group recognition make this more difficult. Ironically, immigrants may now fare better in more unjust neoliberal societies such as the United States than in the advanced welfare states. …
Breaking Glass: Identity, Community And Epistemology In Theory, Law And Education, Francisco Valdes
Breaking Glass: Identity, Community And Epistemology In Theory, Law And Education, Francisco Valdes
Articles
No abstract provided.
From Vacant Lots To Full Pantries: Urban Agriculture Programs And The American City, Jessica Owley, Tonya Lewis
From Vacant Lots To Full Pantries: Urban Agriculture Programs And The American City, Jessica Owley, Tonya Lewis
Articles
No abstract provided.
Lawyers Beware: You Are What You Post - The Case For Integrating Cultural Competence, Legal Ethics, And Social Media, Jan L. Jacobowitz
Lawyers Beware: You Are What You Post - The Case For Integrating Cultural Competence, Legal Ethics, And Social Media, Jan L. Jacobowitz
Articles
No abstract provided.
Taming A Wandering Attention: Short-Form Mindfulness Training In Student Cohorts, Alexandra B. Morrison, Merissa Goolsarram, Scott L. Rogers, Amishi P. Jha
Taming A Wandering Attention: Short-Form Mindfulness Training In Student Cohorts, Alexandra B. Morrison, Merissa Goolsarram, Scott L. Rogers, Amishi P. Jha
Articles
No abstract provided.
Roll Back "Prison Nation", Donna Coker
Claim Funders And Commercial Claim Holders: A Common Interest Or A Common Problem?, Michele M. Destefano
Claim Funders And Commercial Claim Holders: A Common Interest Or A Common Problem?, Michele M. Destefano
Articles
Commercial claim funding, where funders invest in business disputes in exchange for a percentage of any eventual settlement or judgment, is a growing industry in the United States. Funders may request confidential information about the claim and litigation strategy both before deciding to invest (to analyze the strength of the claim) and during the course of the financial relationship (to manage the investment). Further, these funders may work and communicate with claim holders and lawyers about the claim. However, there has been little caselaw and little in-depth analysis on whether--and in what circumstances-the attorney--client privilege and work-product doctrine can be …
Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi
Articles
No abstract provided.
Green Go! - The Military's Sustainability Mission, Felix Mormann
Green Go! - The Military's Sustainability Mission, Felix Mormann
Articles
No abstract provided.
New Law School Fields Of Study: Compliance And Risk Management, Robert Eli Rosen
New Law School Fields Of Study: Compliance And Risk Management, Robert Eli Rosen
Articles
No abstract provided.
Class Actions And Justiciability, Sergio J. Campos
Class Actions And Justiciability, Sergio J. Campos
Articles
A lingering issue in class action law concerns the case or controversy requirement of Article III, otherwise known as the requirement of justiciability. For purposes of justiciability doctrines such as standing, mootness, and ripeness, is the class action brought by all class members, some class members, or just the class representative?
This Article argues that the answer should be none of the above-it should be the class attorney. This Article first shows that the function of the class action is to assign dispositive control of, and a partial beneficial interest in, the class members' claims to the class attorney. Put …
Compelled Disclosures, Caroline Mala Corbin
Compelled Disclosures, Caroline Mala Corbin
Articles
Courts have faced a wave of compelled disclosure cases recently. By government mandate, tobacco manufacturers must include graphic warnings on their cigarette packages, doctors must show and describe ultrasound images of fetuses to women seeking to abort them, and crisis pregnancy centers must disclose that they do not provide contraception or abortion services. Although applying the same compelled speech doctrine to similar issues, appeals courts have reached very different results in challenges to these laws. Drawing from First Amendment theory, this Article first identifies why compelled disclosures undermine free speech values. It then applies those insights to the specific examples …
The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers
The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers
Articles
No abstract provided.
Downsides Of Social Capital, Alejandro Portes
Cultivating Professional Identity & Creating Community: A Tale Of Two Innovations, Jan L. Jacobowitz
Cultivating Professional Identity & Creating Community: A Tale Of Two Innovations, Jan L. Jacobowitz
Articles
No abstract provided.
Beyond Tax Credits: Smarter Tax Policy For A Cleaner, More Democratic Energy Future, Felix Mormann
Beyond Tax Credits: Smarter Tax Policy For A Cleaner, More Democratic Energy Future, Felix Mormann
Articles
Solar, wind, and other renewable energy technologies have the potential to mitigate climate change, secure America's energy independence, and create millions of green jobs. In the absence of a price on carbon emissions, however, these long-term benefits will not be realized without near-term policy support for renewable energy. This Article assesses the efficiency of federal tax incentives for renewables and proposes policy reform to promote renewable energy more cost-effectively through capital markets and crowdfunding.
Federal support for renewable energy today comes primarily in the form of accelerated depreciation and, critically, tax credits. Empirical evidence reveals that only a fraction of …
The Irs As Tax Law Nonenforcer, Leigh Osofsky
Unwinding The Ceiling Rule, Leigh Osofsky
Unwinding The Ceiling Rule, Leigh Osofsky
Articles
This article closely examines the unwinding of the ceiling rule. Congress and partnership tax experts historically have assumed perfect unwinding of the ceiling rule on liquidation or sale of a partnership interest. However, this assumption glosses over a significantly more complicated reality. This article closely examines the history of section 704(c) and the interaction between the ceiling rule and the rules regarding sales and liquidations of partnership interests to reveal the extent to which the assumption does not hold. By debunking long-held assumptions about the perfect unwinding of the ceiling rule, this article displays that there is no reasonable justification …
Guestworkers In Postwar America: A New History, Kunal Parker
Guestworkers In Postwar America: A New History, Kunal Parker
Articles
No abstract provided.
Repetition In History: Anglo-American Legal Debates And The Writings Of Walter Bagehot, Kunal Parker
Repetition In History: Anglo-American Legal Debates And The Writings Of Walter Bagehot, Kunal Parker
Articles
No abstract provided.
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty's Unraveling, Scott E. Sundby
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty's Unraveling, Scott E. Sundby
Articles
No abstract provided.
Latcrit 2013 Conference Symposium Afterword:Theorizing And Building Critical Coalitions: Outsider Society And Academic Praxis In Local/Global Justice Struggles, Francisco Valdes
Latcrit 2013 Conference Symposium Afterword:Theorizing And Building Critical Coalitions: Outsider Society And Academic Praxis In Local/Global Justice Struggles, Francisco Valdes
Articles
No abstract provided.
Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes
Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes
Articles
No abstract provided.
Military Justice As Justice: Fitting Confrontation Clause Jurisprudence Into Military Commissions, Christina Frohock
Military Justice As Justice: Fitting Confrontation Clause Jurisprudence Into Military Commissions, Christina Frohock
Articles
The Guantánamo prosecution of Abd al-Rahim al-Nashiri, the alleged mastermind behind the deadly USS Cole bombing, highlights an unresolved issue in military commissions: whether the Confrontation Clause of the Sixth Amendment to the Constitution applies to bar hearsay statements of unavailable witnesses. While al-Nashiri's counsel recently moved for the military judge to take judicial notice that the Confrontation Clause applies, it is worth considering that the question may be framed differently. Rather than ask whether the Confrontation Clause applies in a military commission, we may ask whether a "testimonial statement" - the only kind of hearsay evidence that triggers the …
Magnus Magister: An Affectionate Appreciation Of Armen Alchian, Fred S. Mcchesney
Magnus Magister: An Affectionate Appreciation Of Armen Alchian, Fred S. Mcchesney
Articles
No abstract provided.
Mindful Ethics - A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott L. Rogers
Mindful Ethics - A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott L. Rogers
Articles
Aristotle spoke of virtue and ethics as a combination of practical wisdom and habituation-an individual must learn from the application of critical reasoning skills to experience. Perhaps one of the earliest proclamations of the value of experiential learning, the Aristotelian view, reappears throughout history and is captured once again by the Carnegie Foundation's Report on Legal Education, which includes a call for instruction that provides practical skills and ethical grounding to complement the teaching of legal analysis. The Carnegie Report continues to play a role in the ongoing discussion of the need to reform legal education; a debate that is …
The M/V "Virginia G" (Panama/Guinea-Bissau). Case No. 19. 53 Ilm 1164 (2014). International Tribunal For The Law Of The Sea, April 14, 2014., Bernard H. Oxman, Vincent P. Cogliati-Bantz
The M/V "Virginia G" (Panama/Guinea-Bissau). Case No. 19. 53 Ilm 1164 (2014). International Tribunal For The Law Of The Sea, April 14, 2014., Bernard H. Oxman, Vincent P. Cogliati-Bantz
Articles
No abstract provided.
Opening The Floodgates Of Small Customer Claims In Finra Arbitration: Finra V. Charles Schwab & Co., Inc., Teresa J. Verges
Opening The Floodgates Of Small Customer Claims In Finra Arbitration: Finra V. Charles Schwab & Co., Inc., Teresa J. Verges
Articles
No abstract provided.
Climate Change And Business Law In The United States: Using Procurement, Pay, And Policy Changes To Influence Corporate Behavior, Marcia Narine
Climate Change And Business Law In The United States: Using Procurement, Pay, And Policy Changes To Influence Corporate Behavior, Marcia Narine
Articles
No abstract provided.
What Makes A Dutch Company Dutch? The Evolution Of Us Limitation-On-Benefits Provisions, Patricia A. Brown
What Makes A Dutch Company Dutch? The Evolution Of Us Limitation-On-Benefits Provisions, Patricia A. Brown
Articles
No abstract provided.