Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legislation (4)
- Arts and Humanities (2)
- Environmental Law (2)
- Feminist, Gender, and Sexuality Studies (2)
- History (2)
-
- Jurisprudence (2)
- Law and Politics (2)
- Public Administration (2)
- Public Affairs (2)
- Public Affairs, Public Policy and Public Administration (2)
- Social and Behavioral Sciences (2)
- Women's Studies (2)
- Civil Rights and Discrimination (1)
- Constitutional Law (1)
- Dispute Resolution and Arbitration (1)
- Intellectual Property Law (1)
- Legal History (1)
- Retirement Security Law (1)
- Securities Law (1)
- Supreme Court of the United States (1)
- Tax Law (1)
- Institution
Articles 1 - 10 of 10
Full-Text Articles in Law
The Public Justification Approach To Statutory Interpretation, Bernard W. Bell
The Public Justification Approach To Statutory Interpretation, Bernard W. Bell
Rutgers Law School (Newark) Faculty Papers
Legislative history seems inextricably intertwined with the concept of legislative intentexamining legislative history makes sense only if one wishes to determine legislative intent. The contestants on both sides of the current battle over using legislative history may agree on little, but they seem to agree on this point. Legislative history’s devotees argue that determining legislative intent is the goal of statutory interpretation, and the legitimacy of referring to legislative history seems to follow without much argument. That is, legislative history merely serves as a tool to find illusive legislative intent, but, in itself, lacks significance. Those who attack legislative history …
Breaking The Glass Slipper: Reflections On The Self-Employment Tax, Patricia E. Dilley
Breaking The Glass Slipper: Reflections On The Self-Employment Tax, Patricia E. Dilley
UF Law Faculty Publications
Lawmakers and their staffs, in drafting tax legislation, often resemble Prince Charming looking for Cinderella with that glass slipper in hand -- rather than start from scratch and draft a completely new tax provision. It is frequently easier, faster, and more reassuring to taxpayers and tax practitioners to use an existing statute or approach and simply amend it slightly to make it fit the need of the new provision. However, problems can arise from this approach.
In the original Grimm Brothers' version of the Cinderella story, for example, the wicked stepsisters were each so anxious to be the chosen one …
The Case Against Private Disparate Impact Suits, Thom Lambert
The Case Against Private Disparate Impact Suits, Thom Lambert
Faculty Publications
This article argues that the Third Circuit, and the courts that have implicitly approved private disparate impact suits, have erred in construing Title VI to permit private plaintiffs to sue federally funded entities for discrimination based on disparate impact alone. From a policy standpoint, permitting private disparate impact suits is a bad idea, for the threat of such suits will lead to deterrence of actions and decisions that have incidental disparate effects but are, on the whole, good.
The Lobbyist No. 28 (Winter 2000), Maine Women's Lobby Staff
The Lobbyist No. 28 (Winter 2000), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Lobbyist No. 29 (Spring 2000), Maine Women's Lobby Staff
The Lobbyist No. 29 (Spring 2000), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Evolutionary Statutory Interpretation: Mr. Justice Scalia Meets Darwin, Jeffrey G. Miller
Evolutionary Statutory Interpretation: Mr. Justice Scalia Meets Darwin, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
This paper examines the seeming contrast between the legal doctrines that the interpretation of statutes can evolve over time and that the interpretation of statutes must be grounded only in their texts, which never change unless amended by Congress. That examination is illuminated by complexity and meme theories. The examination is concluded by applying both doctrines and theories to the question of whether the term “navigable water” in a water pollution control statute includes underground water.
As Mandatory Binding Arbitration Meets The Class Action, Will The Class Action Survive?, Jean R. Sternlight
As Mandatory Binding Arbitration Meets The Class Action, Will The Class Action Survive?, Jean R. Sternlight
Scholarly Works
Assuming that the traditional prerequisites for a class action have been met, courts have four choices: (1) order the dispute to be resolved in an individualized arbitration, thereby denying plaintiffs either a litigation or arbitration venue for their class claims; (2) refuse to mandate arbitration, and instead allow plaintiffs to litigate their class claims; (3) order that the dispute be resolved through an arbitral class action, also known as classwide arbitration; or (4) order the dispute to arbitration but allow the arbitrators to make the determination as to whether the dispute should be resolved individually or on a class basis. …
Constitutional Federalism, Individual Liberty, And The Securities Litigation Uniform Standards Act Of 1998, Adam C. Pritchard
Constitutional Federalism, Individual Liberty, And The Securities Litigation Uniform Standards Act Of 1998, Adam C. Pritchard
Articles
This Article proceeds in four parts. Part I provides background on the historical development of constitutional federalism, the Supreme Court's decisions in this area, and the apparent demise of constitutional limits on federal power. Part II then reviews the Court's revival of constitutional federalism over the last decade. Based on this review, I argue that the Supreme Court's current federalism doctrine can be understood as a "constrained libertarianism" that attempts to use constitutional structure as a check on government interference with individual liberty. In this model, states are respected in our constitutional system because of the counterbalance that they provide …
Restoring What’S Environmental About Environmental Law In The Supreme Court, Richard J. Lazarus
Restoring What’S Environmental About Environmental Law In The Supreme Court, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
In this Article, Professor Richard Lazarus examines the votes of the individual Justices who have decided environmental law cases before the United States Supreme Court during the past three decades. The Article reports on a number of interesting statistics regarding the identity of those Justices who have most influenced the Court's environmental law jurisprudence and the sometimes curious patterns in voting exhibited by individual Justices. Lazarus's thesis is that the Supreme Court's apparent apathy or even antipathy towards environmental law during that time results from the Justices' failure to appreciate environmental law as a distinct area of law. The Justices …
Inter Partes Patent Reexamination, Mark D. Janis
Inter Partes Patent Reexamination, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.