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Articles 2011 - 2040 of 11384
Full-Text Articles in Law
Drawing The Line: One Taxpayer's Economic Development Incentive Is Often Another's Discriminatory Tax, Walter Hellerstein
Drawing The Line: One Taxpayer's Economic Development Incentive Is Often Another's Discriminatory Tax, Walter Hellerstein
Popular Media
Shackelford Professor Walter Hellerstein shares his opinions regarding Congress' need to define more clearly what types of state and local tax incentives are legal. Prof. Hellerstein was asked to provide testimony on these issues at a U.S. Senate hearing before the Subcommittee on International Trade of the Committee on Finance. He also testified on this topic before a U.S. House of Representatives subcommittee and provided an overview of the American debate to the United Kingdom’s Treasury Department, which faces similar issues in relation to Member States of the European Union seeking to encourage economic growth and productivity in their respective …
A Summary Of "Systemic Analysis", Richard H. Sander
A Summary Of "Systemic Analysis", Richard H. Sander
Journal of Race, Gender, and Ethnicity
No abstract provided.
Response To Professor Sander, Douglas D. Scherer
Response To Professor Sander, Douglas D. Scherer
Journal of Race, Gender, and Ethnicity
No abstract provided.
Leveling The Playing Field In Law School: A Look At Academic Assistance Programs For Minority Law Students, Anupama Ramlackhan
Leveling The Playing Field In Law School: A Look At Academic Assistance Programs For Minority Law Students, Anupama Ramlackhan
Journal of Race, Gender, and Ethnicity
No abstract provided.
Federal Employment Law: Current Problems And A Call For Reform, Joseph Prud'homme
Federal Employment Law: Current Problems And A Call For Reform, Joseph Prud'homme
Journal of Race, Gender, and Ethnicity
No abstract provided.
School Finance Litigation: The History And Its Current Status In New York, Patrick A. Mcglashan
School Finance Litigation: The History And Its Current Status In New York, Patrick A. Mcglashan
Journal of Race, Gender, and Ethnicity
No abstract provided.
Legal Institutions, Legal Origins, And Governance, Kenneth W. Dam
Legal Institutions, Legal Origins, And Governance, Kenneth W. Dam
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Montreal Versus Kyoto: A Tale Of Two Protocols, Cass R. Sunstein
Montreal Versus Kyoto: A Tale Of Two Protocols, Cass R. Sunstein
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Concurring In Part & Concurring In The Confusion, Sonja R. West
Concurring In Part & Concurring In The Confusion, Sonja R. West
Michigan Law Review
When a federal appellate court decided last year that two reporters must either reveal their confidential sources to a grand jury or face jail time, the court did not hesitate in relying on the majority opinion in the Supreme Court's sole comment on the reporter's privilege-Branzburg v. Hayes. "The Highest Court has spoken and never revisited the question. Without doubt, that is the end of the matter," Judge Sentelle wrote for the three-judge panel of the Circuit Court of Appeals for the District of Columbia. By this declaration, the court dismissed with a wave of its judicial hand the arguments …
Learning The Wrong Lessons From "An American Tragedy": A Critique Of The Berger-Twerski Informed Choice Proposal, David E. Bernstein
Learning The Wrong Lessons From "An American Tragedy": A Critique Of The Berger-Twerski Informed Choice Proposal, David E. Bernstein
Michigan Law Review
Margaret Berger and Aaron Twerski are among the leading scholars in their respective fields of Evidence and Products Liability. I have benefited from their work on many occasions. Precisely because of the deserved respect and esteem in which Berger and Twerski are held-not to mention the prominence of their forum, the Michigan Law Review-their proposal to create a new "informed choice" cause of action in pharmaceutical litigation is likely to receive sympathetic attention. Because I believe that their proposal is ill-conceived and dangerous, I feel compelled (with some trepidation) to write this response. Berger and Twerski propose that courts recognize …
From The Wrong End Of The Telescope: A Response To Professor David Bernstein, Margaret A. Berger, Aaron D. Twerski
From The Wrong End Of The Telescope: A Response To Professor David Bernstein, Margaret A. Berger, Aaron D. Twerski
Michigan Law Review
On the pages of this law review, in an article entitled Uncertainty and Informed Choice: Unmasking Daubert, the authors argued for the recognition of a new product liability cause of action when drug companies fail to warn about uncertain risks attendant to the use of non-therapeutic drugs whose purpose is to enhance lifestyle. We noted that in the post-Daubert era, plaintiffs have faced increasing difficulty in proving that a given toxic agent was causally responsible for the injuries suffered after ingesting a drug. That plaintiffs cannot overcome the barriers to proving injury causation does not mean that defendants have met …
The Fair Housing Act And Disparate Impact In Homeowners Insurance, Dana L. Kaersvang
The Fair Housing Act And Disparate Impact In Homeowners Insurance, Dana L. Kaersvang
Michigan Law Review
This Note argues that because homeowners insurance is central to homeownership, the FHA applies to insurance underwriting policies, such as those mentioned above, that have a disparate impact on minority potential homeowners. Part I considers whether the FHA applies to homeowners insurance and concludes that homeowners insurance is covered by the Act. Part II goes on to argue that the FHA applies to homeowners insurance even where the discrimination results from disparate impact, rather than from disparate treatment. Finally, Part III analyzes the above-mentioned policies of the insurance industry under the FHA disparate impact standard.
Ieepa's Override Authority: Potential For A Violation Of The Geneva Conventions' Right To Access For Humanitarian Organizations?, Jennifer R. White
Ieepa's Override Authority: Potential For A Violation Of The Geneva Conventions' Right To Access For Humanitarian Organizations?, Jennifer R. White
Michigan Law Review
This Note argues that, should the President exercise his override authority to prohibit or restrict the donation of humanitarian articles during an armed conflict involving the United States, the resulting prohibition or restriction would cause the United States to violate its obligations under the Conventions. This Note does not assert that the United States should not have the ability to put in place controls to prevent terrorists from benefiting from donations of funds and other humanitarian items; instead, it asserts that domestic law must tread as lightly and narrowly as possible where a widely accepted multilateral treaty exists and that …
A Compass For Success: A New Direction For Academic Support Programs, Cynthia Schmidt, Ann L. Iijima
A Compass For Success: A New Direction For Academic Support Programs, Cynthia Schmidt, Ann L. Iijima
Cardozo Public Law, Policy & Ethics Journal
The article examines the effectiveness of Academic Support Programs (ASPs) in law schools, focusing on the mandatory Compass program at William Mitchell College of Law. It argues that ASPs are most effective when they are structured, skills-focused, and mandatory for at-risk students, rather than targeting specific groups like minority students. The analysis highlights the importance of addressing academic support needs early to improve student performance and satisfaction while avoiding stigma and constitutional concerns. The study demonstrates significant GPA improvements for participants and emphasizes the need for race-neutral, inclusive program designs.
Carbon Dioxide And The Clean Air Act, Eric Schwartz
Carbon Dioxide And The Clean Air Act, Eric Schwartz
Cardozo Public Law, Policy & Ethics Journal
The EPA's authority to regulate CO2 under the Clean Air Act is supported by the statute's broad definition of "air pollutant" and judicial interpretations, including the Supreme Court's decision in Massachusetts v. EPA. The agency's initial reluctance to regulate CO2 was based on policy considerations, not legal limitations, and the Chevron doctrine requires courts to defer to the EPA's interpretation when Congress's intent is unclear. The ruling in Massachusetts v. EPA established that states have standing to challenge the EPA's failure to regulate CO2, emphasizing the importance of federal authority in addressing climate change. This decision has significant implications …
Civil Commitment Of Sexually Violent Predators: The Search For A Limiting Principle, Aman Ahluwalia
Civil Commitment Of Sexually Violent Predators: The Search For A Limiting Principle, Aman Ahluwalia
Cardozo Public Law, Policy & Ethics Journal
The article challenges the legal and empirical justifications for civil commitment of sexually violent predators, arguing that current standards, such as mental abnormality and lack of control, are overly broad and lack robust empirical support. It contends that recidivism rates for sex offenders are not significantly higher than those of other offenders, undermining the rationale for civil commitment. The analysis advocates for a more nuanced approach to incapacitation, emphasizing criminal law solutions over medicalized commitments.
Media Influence And The Modern American Democracy: Why The First Amendment Compels Regulation Of Media Ownership, Sean Michael Mcguire
Media Influence And The Modern American Democracy: Why The First Amendment Compels Regulation Of Media Ownership, Sean Michael Mcguire
Cardozo Public Law, Policy & Ethics Journal
The article argues that the First Amendment necessitates government regulation of media ownership to safeguard democracy. It posits that while the First Amendment initially protected against government interference, evolving societal and technological changes require active regulation to ensure a diverse "marketplace of ideas." The author contends that without such regulation, media consolidation leads to a decline in viewpoint diversity, diminished content quality, and undue corporate influence, undermining democratic discourse.
Reconciling The Booker Conflict: A Substantive Sixth Amendment In A Real Offense Sentencing System, Bertrall L. Ross Ii
Reconciling The Booker Conflict: A Substantive Sixth Amendment In A Real Offense Sentencing System, Bertrall L. Ross Ii
Cardozo Public Law, Policy & Ethics Journal
The article examines the tension between the Sixth Amendment right to a jury trial and real offense sentencing, arguing that this conflict is not inevitable and can be reconciled. It advocates for a system where the jury plays a substantive role in checking judicial discretion during sentencing, ensuring constitutional protections while allowing judges to individualize sentences based on real offense factors. The proposed framework moves beyond the separation of functions model, integrating the jury into sentencing decisions to balance retributive punishment with constitutional safeguards.
National Survey Evidence On Disasters And Relief: Risk Beliefs, Self-Interest, And Compassion, W. Kip Viscusi, Richard J. Zeckhauser
National Survey Evidence On Disasters And Relief: Risk Beliefs, Self-Interest, And Compassion, W. Kip Viscusi, Richard J. Zeckhauser
Vanderbilt Law School Faculty Publications
A nationally representative sample of respondents estimated their fatality risks from four types of natural disasters, and indicated whether they favored governmental disaster relief. For all hazards, including auto accident risks, most respondents assessed their risks as being below average, with one-third assessing them as average. Individuals from high-risk states, or with experience with disasters, estimate risks higher, though by less than reasonable calculations require. Four-fifths of our respondents favor government relief for disaster victims, but only one-third do for victims in high-risk areas. Individuals who perceive themselves at higher risk are more supportive of government assistance.
Incentive Awards To Class Action Plaintiffs: An Empirical Study, Theodore Eisenberg, Geoffrey P. Miller
Incentive Awards To Class Action Plaintiffs: An Empirical Study, Theodore Eisenberg, Geoffrey P. Miller
Cornell Law Faculty Publications
Incentive awards to representative plaintiffs in class actions have been the focus of recent law reform efforts and have generated inconsistent case law. But little is known about such awards. This study of 374 opinions from 1993 to 2002 finds that awards were granted in about 28 percent of settled class actions. The rate of awards varied by case category as follows: consumer credit actions 59 percent, employment discrimination cases 46 percent, antitrust cases 35 percent, securities cases 24 percent (before the Private Securities Litigation Reform Act of 1995 limited awards), and corporate and mass tort actions less than 10 …
Moot Court Teams 2006-2007, Kellie Casey Monk
Moot Court Teams 2006-2007, Kellie Casey Monk
Materials from All Student Organizations
No abstract provided.
Concurring In Part & Concurring In The Confusion, Sonja R. West
Concurring In Part & Concurring In The Confusion, Sonja R. West
Scholarly Works
When a federal appellate court decided last year that two reporters must either reveal their confidential sources to a grand jury or face jail time, the court did not hesitate in relying on the majority opinion in the Supreme Court's sole comment on the reporter's privilege--Branzburg v. Hayes. "The Highest Court has spoken and never revisited the question. Without doubt, that is the end of the matter," Judge Sentelle wrote for the three-judge panel on the Circuit Court of Appeals for the District of Columbia. By this declaration, the court dismissed with a wave of its judicial hand the arguments …
Table Of Contents - Vol. 31, No. 1 2006
Table Of Contents - Vol. 31, No. 1 2006
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Fee! Fie! Foe! Fum!: I Smell The Efficiency Of The English Rule Finding The Right Approach To Tort Reform, Brandon Chad Bungard
Fee! Fie! Foe! Fum!: I Smell The Efficiency Of The English Rule Finding The Right Approach To Tort Reform, Brandon Chad Bungard
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
No Relief: Understanding The Supreme Court's Decision In Town Of Castle Rock V. Gonzales Through The Rights/Remedies Framework, Tritia L. Yuen
No Relief: Understanding The Supreme Court's Decision In Town Of Castle Rock V. Gonzales Through The Rights/Remedies Framework, Tritia L. Yuen
American University Law Review
No abstract provided.
Wi-Fi Everywhere: Universal Broadband Access As Antitrust And Telecommunications Policy, Hannibal Travis
Wi-Fi Everywhere: Universal Broadband Access As Antitrust And Telecommunications Policy, Hannibal Travis
American University Law Review
No abstract provided.