Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- President/Executive Department (35)
- Immigration Law (34)
- Constitutional Law (22)
- Social and Behavioral Sciences (22)
- Supreme Court of the United States (20)
-
- American Politics (11)
- Law and Politics (11)
- Political Science (11)
- Health Law and Policy (10)
- Legal Writing and Research (10)
- Public Affairs, Public Policy and Public Administration (8)
- National Security Law (7)
- Insurance Law (6)
- Communication (5)
- Health Policy (5)
- Judges (5)
- State and Local Government Law (5)
- Civil Rights and Discrimination (4)
- Criminal Law (4)
- First Amendment (4)
- Labor and Employment Law (4)
- Medicine and Health Sciences (4)
- Privacy Law (4)
- Environmental Law (3)
- Fourth Amendment (3)
- Intellectual Property Law (3)
- Common Law (2)
- Communication Technology and New Media (2)
- Consumer Protection Law (2)
- Institution
- Keyword
-
- Immigration (19)
- Refugees (13)
- Executive Order (11)
- Travel Ban (9)
- Donald Trump (7)
-
- Executive Power (6)
- Immigration and Nationality Act (6)
- Refugee (6)
- Travel ban (6)
- Health insurance (4)
- Ninth Circuit (4)
- Coverage (3)
- Derrick K. Watson (3)
- Executive Order 13780 (3)
- First Amendment (3)
- President (3)
- Supreme Court of the United States (3)
- Bar Exam (2)
- Congress (2)
- Copyright (2)
- Discrimination (2)
- Election (2)
- Enrollees (2)
- Executive order (2)
- Federalism (2)
- Free speech (2)
- Gerrymandering (2)
- Hawaii v. Trump (2)
- Healthcare (2)
- Intellectual property (2)
Articles 1 - 30 of 104
Full-Text Articles in Law
Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies
Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Constitutional Barriers To Congressional Reform, John M. Greabe
Constitutional Barriers To Congressional Reform, John M. Greabe
Law Faculty Scholarship
Americans celebrate our Constitution as a beacon that can guide us through difficult situations. And justly so. But at times, the Constitution also has stood as a barrier to necessary reform.
The Fourth Circuit Travel Ban Argument: Framing The Challengers’ Case For The Supreme Court, Peter Margulies
The Fourth Circuit Travel Ban Argument: Framing The Challengers’ Case For The Supreme Court, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Ninth Circuit Argument Turns On Whether The Ban Clashes With The Immigration Act, Peter Margulies
Ninth Circuit Argument Turns On Whether The Ban Clashes With The Immigration Act, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies
Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Sexual Misconduct And Congressional Self-Governance, John M. Greabe
Sexual Misconduct And Congressional Self-Governance, John M. Greabe
Law Faculty Scholarship
[Excerpt] "Over the past year, a number of prominent politicians (including President Donald Trump) have been publicly accused of serious sexual misconduct and abuse of power. The question therefore has arisen: Can these politicians either be barred from taking office or removed from office on the basis of these accusations?
There is only way to remove a sitting president: impeachment by the House of Representatives and conviction by the Senate. But the topic of impeaching and removing a president warrants its own column. This column will instead focus on what Congress may do when its members and members-elect face charges …
How The Supreme Court Ignored The Lesson Of Zeran And Screwed Up Copyright Law On The Internet, Roger Allan Ford
How The Supreme Court Ignored The Lesson Of Zeran And Screwed Up Copyright Law On The Internet, Roger Allan Ford
Law Faculty Scholarship
This short essay, prepared for a retrospective organized by Eric Goldman and Jeff Kosseff on the twentieth anniversary of the Fourth Circuit’s decision in Zeran v. AOL, argues that the Supreme Court failed to learn the lesson of that foundational case, with adverse consequences for copyright law on the internet.
Rethinking The Americans With Disabilities Act’S Insurance Safe Harbor, Valarie K. Blake
Rethinking The Americans With Disabilities Act’S Insurance Safe Harbor, Valarie K. Blake
Law Faculty Scholarship
Despite the importance of access to healthcare for the disabled, the Americans with Disabilities Act (ADA) has made little inroads in reducing disability-based discrimination by health insurers in the United States. One reason is undoubtedly the ADA’s insurance safe harbor, which explicitly permits insurers to discriminate on the basis of disability in health insurance so long as the differential treatment is supported by actuarial data and is not just intended to disadvantage the disabled. While the safe harbor’s harms are somewhat limited by the advent of the Affordable Care Act (ACA), they are not entirely neutralized. This article argues that …
Travel Ban 3.0: The Hawaii Tro Is Right On The Statute, Peter Margulies
Travel Ban 3.0: The Hawaii Tro Is Right On The Statute, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Finding Freedom For The Thoughts We Hate, John M. Greabe
Finding Freedom For The Thoughts We Hate, John M. Greabe
Law Faculty Scholarship
In his dissenting opinion in United States v. Schwimmer (1929), Supreme Court Justice Oliver Wendell Holmes, Jr., famously defended tolerance as an indispensable constitutional value. He wrote: “[I]f there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought – not free thought for those who agree with us but freedom for the thought that we hate.”
Yet accepting that the Constitution protects the thought that we hate can be difficult, even during the best of times. And these are far from the best of times. Nuclear brinksmanship …
Key New Hampshire And Federal Statutes Regulating Health Care Delivery And Payment, Lucy Hodder
Key New Hampshire And Federal Statutes Regulating Health Care Delivery And Payment, Lucy Hodder
Law Faculty Scholarship
A summary of New Hampshire and federal regulations by subject matter, chart of New Hampshire state agency responsibilities, federal laws and regulation: An index
The New Travel Ban: Undermining The Immigration And Nationality Act, Peter Margulies
The New Travel Ban: Undermining The Immigration And Nationality Act, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Full Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Full Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Norms, Law And The Impeachment Power, John M. Greabe
Norms, Law And The Impeachment Power, John M. Greabe
Law Faculty Scholarship
[Excerpt]
"Most experts believe that, while a president can be criminally prosecuted after leaving office, he cannot be prosecuted while he is president. And while the president may be sued civilly while holding office, the office confers powerful immunities and other constitutional defenses that are unavailable to ordinary civilian defendants."
Ninth Circuit Protects Refugees With Assurances Of Sponsorship, Peter Margulies
Ninth Circuit Protects Refugees With Assurances Of Sponsorship, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Substance Use Disorder Treatment Confidentiality Boot Camp, Lucy C. Hodder, Stephanie Cameron, Marcy Doyle, Christina Muñiz, Jeanne Ryer Edd
Substance Use Disorder Treatment Confidentiality Boot Camp, Lucy C. Hodder, Stephanie Cameron, Marcy Doyle, Christina Muñiz, Jeanne Ryer Edd
Law Faculty Scholarship
[Excerpt]: "INTRODUCTION: The Health Law and Policy Programs at UNH School of Law, Institute for Health Policy and Practice, and the NH Citizens Health Initiative have contracted with several of the New Hampshire Building Capacity for Transformation Delivery System Reform Incentive Payment (DSRIP) Integrated Delivery Networks (IDN) to provide technical assistance to the IDNs as they develop confidentiality tools related to substance use disorder services projects.
A UNH Team assisted the IDNs by providing an educational summary of federal and state confidentiality requirements, focusing on 42 CFR Part 2, and hosting IDN interdisciplinary teams in three Substance Use Disorder (SUD) …
Comments To The Federal Trade Commission On The Can-Spam Rule Review, 16 C.F.R. Part 316, Project No. R711010, Roger Allan Ford
Comments To The Federal Trade Commission On The Can-Spam Rule Review, 16 C.F.R. Part 316, Project No. R711010, Roger Allan Ford
Law Faculty Scholarship
These comments respond to the Federal Trade Commission’s request for public comment on the CAN-SPAM Rule, 16 C.F.R. Part 316.
The CAN-SPAM Act set a minimum baseline for consumer protections that senders of unsolicited commercial email must respect. These protections have been largely effective at giving consumers the ability to manage how a large group of companies uses their email addresses for marketing. At the same time, the Act has had little effect on the volume of unsolicited commercial email or on the amount of email sent by scammers and fraudsters. The Act and its implementing Rule, then, have been …
Can Courts Save Us From Unconstitutional Government Conduct?, John M. Greabe
Can Courts Save Us From Unconstitutional Government Conduct?, John M. Greabe
Law Faculty Scholarship
[Excerpt] "We are living in a troubled time. Across the political spectrum, there is a great deal of concern that government officials have been derelict in honoring their oaths to support and defend the Constitution."
Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies
Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies
Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Origins And Boundaries Of Executive Privilege, John M. Greabe
The Origins And Boundaries Of Executive Privilege, John M. Greabe
Law Faculty Scholarship
[Excerpt] "When the president or persons working with the president are under investigation . . . the doctrine of executive privilege -which entitles the president to keep confidential certain communications to and from his advisers -inevitably becomes relevant."
Refugee Eo Stay: Ninth Circuit Dismisses Hawaii’S Appeal But Draws A Roadmap For Future Litigation, Peter Margulies
Refugee Eo Stay: Ninth Circuit Dismisses Hawaii’S Appeal But Draws A Roadmap For Future Litigation, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Hawaii Judge Watson Declines To Clarify Scope Of Preliminary Injunction On Executive Order 13,780, Peter Margulies
Hawaii Judge Watson Declines To Clarify Scope Of Preliminary Injunction On Executive Order 13,780, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Eo Stay: The Government Doubles Down On Excluding Grandparents And Refugees, Peter Margulies
The Eo Stay: The Government Doubles Down On Excluding Grandparents And Refugees, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies
Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Scotus's 2016-17 Term: The Calm Before The Storm?, John M. Greabe
Scotus's 2016-17 Term: The Calm Before The Storm?, John M. Greabe
Law Faculty Scholarship
[Excerpt] “The court's just-completed 2016-17 term contained no . . . blockbusters. Its highest profile ruling was an unsigned opinion that modified preliminary injunctions issued by lower courts to prevent President Donald Trump's "travel ban" orders from going into immediate effect.
But that ruling did not decide whether the president's orders are in fact unconstitutional. Instead, the court put that important question off until the fall, by which time further factual developments -for example, the executive branch completing its review and deciding to lift or modify the bans -may well render the issue moot.”
Engaging Health Insurers In The War On Prescription Painkillers, Valarie K. Blake
Engaging Health Insurers In The War On Prescription Painkillers, Valarie K. Blake
Law Faculty Scholarship
No abstract provided.
Implementing The Refugee Eo: Add Grandparents, Peter Margulies
Implementing The Refugee Eo: Add Grandparents, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies
The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies
Law Faculty Scholarship
No abstract provided.