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Articles 2581 - 2610 of 10761
Full-Text Articles in Law
Runaway Train - The Retaliation Scene After Burlington Northern V. White, Yvette K. Schultz
Runaway Train - The Retaliation Scene After Burlington Northern V. White, Yvette K. Schultz
Louisiana Law Review
No abstract provided.
The Sugar Mill Case: Public Waste And The Public Bid Law, Louis Ducote
The Sugar Mill Case: Public Waste And The Public Bid Law, Louis Ducote
Louisiana Law Review
No abstract provided.
Atrophied Rights: Maximum Hours Labor Standards Under The Flsa And Illinois Law, Scott D. Miller
Atrophied Rights: Maximum Hours Labor Standards Under The Flsa And Illinois Law, Scott D. Miller
Northern Illinois University Law Review
This article examines the evolving political history of, and then compares, the FLSA and Illinois maximum hours labor standards. It shows that worker rights to shorter work hours have steadily atrophied under the FLSA. Illinois law has moved in the opposite direction, providing workers with increasingly more generous (albeit, not particularly strong) statutory rights to shorter work hours than the FLSA. Employers in Illinois must therefore (presently) adhere to the Illinois, rather than the federal, maximum hours labor standards.
Effective Implementation Of The Trafficking Of Persons And Involuntary Servitude Articles: Lessons From The Criminal Justice System Response To The Illinois Domestic Violence Act, Alison L. Stankus, Jennifer A. Kuhn
Effective Implementation Of The Trafficking Of Persons And Involuntary Servitude Articles: Lessons From The Criminal Justice System Response To The Illinois Domestic Violence Act, Alison L. Stankus, Jennifer A. Kuhn
Northern Illinois University Law Review
When the Illinois Domestic Violence Act was enacted in 1986, the General Assembly acknowledged that "the legal system has ineffectively dealt with family violence in the past . . . and has not adequately acknowledged the criminal nature of domestic violence; that, although many laws have changed, in practice there is still widespread failure to appropriately protect and assist victims." However, despite these stated purposes, the criminal justice system response to the Act in the last twenty years has been slow to correct this failure. In 2006, the Trafficking of Persons and Involuntary Servitude Articles were added to the Illinois …
Vol. 28, No. 2, Spring 2008: Table Of Contents
Vol. 28, No. 2, Spring 2008: Table Of Contents
Northern Illinois University Law Review
No abstract provided.
Putting Expert Testimony In Its Epistemological Place: What Predictions Of Dangerousness In Court Can Teach Us, M. Neil Browne, Ronda R. Harrison-Spoerl
Putting Expert Testimony In Its Epistemological Place: What Predictions Of Dangerousness In Court Can Teach Us, M. Neil Browne, Ronda R. Harrison-Spoerl
Economics Faculty Publications
Judges and juries must make momentous and intricate decisions. The temptation is overwhelming for the court to request assistance from those who claim to know facts, interpretations, and explanatory models that promise to make those decisions more accurate.1 As long as some of us know more than others about specific probative matters, courts will certainly seek to know what those experts know or, to anticipate, what they claim to know. But how can courts optimize their consumption of this expertise?
Sanctuary's Demise: The Unintended Effects Of State And Local Enforcement Of Immigration Law., Jennifer M. Hansen
Sanctuary's Demise: The Unintended Effects Of State And Local Enforcement Of Immigration Law., Jennifer M. Hansen
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Women And The Law: Touro Law Center Symposium
Women And The Law: Touro Law Center Symposium
Journal of Race, Gender, and Ethnicity
No abstract provided.
Truth And Innocence Procedures To Free Innocent Persons: Beyond The Adversarial System, Tim Bakken
Truth And Innocence Procedures To Free Innocent Persons: Beyond The Adversarial System, Tim Bakken
University of Michigan Journal of Law Reform
Through innocent pleas and innocence procedures, this Article urges a fundamental change to the adversarial system to minimize the risk that factually innocent persons will be convicted of crimes. The current system, based on determining whether the prosecution can prove guilt beyond a reasonable doubt, results in acquittals of guilty persons when evidence is sparse and convictions of innocent persons when evidence is abundant. It might be easier philosophically to accept that guilty persons will go free than to know that some innocent persons will be convicted and imprisoned, especially in the American justice system where erroneous jury verdicts based …
The Terrorism Exception To Asylum: Managing The Uncertainty In Status Determination, Won Kidane
The Terrorism Exception To Asylum: Managing The Uncertainty In Status Determination, Won Kidane
University of Michigan Journal of Law Reform
The Immigration and Nationality Act ("INA "), as it must, excludes a terrorist from receiving asylum. The substantive criteria and the adjudicative procedures set forth under the INA for the identification of the undeserving terrorist inevitably exclude those who are neither terrorists nor otherwise undeserving. Such unintended consequences are perhaps unavoidable in any well-conceived statutory scheme. What is disconcerting is, however the margin of the possible error in the application of this statutory scheme. Those who may be excluded by the application of these provisions are often not those who are supposed to be excluded as terrorists. Moreover, the existing …
Money As Property: The Effects Of Doctrinal Misallocation On Campaign Finance Reform, Maneesh Sharma
Money As Property: The Effects Of Doctrinal Misallocation On Campaign Finance Reform, Maneesh Sharma
University of Michigan Journal of Law Reform
By applying First Amendment jurisprudence to campaign finance measures, this Note argues that the Supreme Court has misallocated campaign finance within its doctrinal scheme. This doctrinal misallocation has stymied the ability of legislatures to enact effective reforms to reduce the role of money in politics. This Note argues that money in the political process more closely resembles property than speech and should therefore be analyzed under a less stringent property review. This Note concludes by proposing a standard of review developed from the Court's property jurisprudence.
Two Conceptions Of Irreversible Environmental Harm, Cass R. Sunstein
Two Conceptions Of Irreversible Environmental Harm, Cass R. Sunstein
Coase-Sandor Institute for Law & Economics Research Paper Series
The concept of "irreversibility" plays a large role in the theory and practice of environmental protection. Indeed, the concept is explicit in some statements of the Precautionary Principle. But the idea of irreversibility remains poorly defined. Because time is linear, any loss is, in a sense, irreversible. On one approach, drawn from environmental economics, irreversibility might be understood as a reference to the value associated with taking precautionary steps that maintain flexibility for an uncertain future ("option value"). On another approach, drawn from environmental ethics, irreversibility might be understood to refer to the qualitatively distinctive nature of certain environmental harms—a …
Which States Have The Best (And Worst) High Courts?, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati
Which States Have The Best (And Worst) High Courts?, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Coordinating In The Shadow Of The Law: Two Contextualized Tests Of The Focal Point Theory Of Legal Compliance, Richard H. Mcadams, Janice Nadler
Coordinating In The Shadow Of The Law: Two Contextualized Tests Of The Focal Point Theory Of Legal Compliance, Richard H. Mcadams, Janice Nadler
Coase-Sandor Institute for Law & Economics Research Paper Series
In situations where people have an incentive to coordinate their behavior, law can provide a framework for understanding and predicting what others are likely to do. According to the focal point theory of expressive law, the law's articulation of a behavior can sometimes create self-fulfilling expectations that it will occur. Existing theories of legal compliance emphasize the effect of sanctions or legitimacy; we argue that, in addition to sanctions and legitimacy, law can also influence compliance simply by making one outcome salient. We tested this claim in two experiments where sanctions and legitimacy were held constant. Experiment 1 demonstrated that …
The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Pennsylvania, Laura Henze Russell, Ellen A. Bruce
The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Pennsylvania, Laura Henze Russell, Ellen A. Bruce
Gerontology Institute Publications
This report will address the question of income adequacy for Pennsylvania’s older adults using the WOW-GI National Elder Economic Security Standard Index (the Index) methodology. The Index will benchmark basic costs of living for elder households. It will illustrate how costs of living vary geographically and are based on the characteristics of elder households: household size, homeownership or renter, mode of transportation, and health status. The costs are for basic needs of elder households; they are based on market costs and do not assume any subsidies.
Corporate Taxation And International Charter Competition, Mitchell A. Kane, Edward B. Rock
Corporate Taxation And International Charter Competition, Mitchell A. Kane, Edward B. Rock
Michigan Law Review
Corporate charter competition has become an increasingly international phenomenon. The thesis of this Article is that this development in corporate law requires a greater focus on corporate tax law. We first demonstrate how a tax system's capacity to distort the international charter market depends both upon its approach to determining corporate location and upon the extent to which it taxes foreign source corporate profits. We also show, however, that it is not possible to remove all distortions through modifications to the tax system alone. We present instead two alternative methods for preserving an international charter market. The first-best solution involves …
Property Rules, Liability Rules, And Uncertainty About Property Rights, Stewart E. Sterk
Property Rules, Liability Rules, And Uncertainty About Property Rights, Stewart E. Sterk
Michigan Law Review
Clarity can be a considerable virtue in property rights. But even when property rights are defined clearly in the abstract, ascertaining the scope of those rights in concrete situations often entails significant cost. In some instances, the cost of acquiring information about the scope of property rights will exceed the social value of that information. In those circumstances, further search for information about the scope of rights is inefficient; the social harm avoided by further search does not justify the costs of the search. Potential resource users, however make decisions based on private costs and benefits, not social costs and …
Is There A Duty?: Limiting College And University Liability For Student Suicide, Susanna G. Dyer
Is There A Duty?: Limiting College And University Liability For Student Suicide, Susanna G. Dyer
Michigan Law Review
This Note argues that nonclinician administrators employed by institutions of higher education do not have a special relationship with their students such that they have a duty to act with reasonable care to prevent a foreseeable student suicide. Courts that have in recent years ruled to the contrary have done so by incorrectly basing their duty-of-care analysis on foreseeability of harm alone. With an eye toward a proper duty-of-care analysis, this Note analyzes multiple factors to reach its conclusion, including the ideal relationship between colleges and their students and the burden on and capability of colleges to protect their students …
Categorizing Categories: Property Of The Estate And Fraudulent Transfers In Bankruptcy, Michael R. Cedillos
Categorizing Categories: Property Of The Estate And Fraudulent Transfers In Bankruptcy, Michael R. Cedillos
Michigan Law Review
11 U.S.C. § 541 defines "property of the estate" in bankruptcy, but courts have not interpreted that section uniformly. The Fifth Circuit has read the term broadly to include both interests in property that the trustee recovers under § 541(a)(3) and legal or equitable interests under § 541(a)(1) that have purportedly been fraudulently transferred but which the trustee has not yet recovered. The Second Circuit, however, has taken a more restrained approach, holding that fraudulently transferred property that the trustee has not yet recovered does not constitute property of the estate. This Note argues that courts should adopt the Second …
Aging Out Of Foster Care: Enforcing The Independent Living Program Through Contract Liability, Jennifer Sapp
Aging Out Of Foster Care: Enforcing The Independent Living Program Through Contract Liability, Jennifer Sapp
Cardozo Law Review
No abstract provided.
Jumping On The Next Bandwagon: An Overview Of The Policy And Legal Aspects Of The Local Food Movement, Marne Coit
Jumping On The Next Bandwagon: An Overview Of The Policy And Legal Aspects Of The Local Food Movement, Marne Coit
Journal of Food Law & Policy
This article is an exploration of this new and growing local food movement. It is not a cohesive movement, nor is it one that is organized by a particular group. Rather, it is a grassroots movement comprised of people who are interested, for various reasons, in obtaining food grown or produced where they live or in producing this food themselves. The purpose of this article is to explore what the local food movement is, why consumers are interested in basing their food purchasing choices on where their food originates, current and future regulation of local food, and where this movement …
Journal Of Food Law & Policy - Spring 2008, Journal Editors
Journal Of Food Law & Policy - Spring 2008, Journal Editors
Journal of Food Law & Policy
No abstract provided.
Dangerous Interpretations Of The Precautionary Principle And The Foundational Values Of European Union Food Law: Risk Versus Risk, Miguel A. Recuerda
Dangerous Interpretations Of The Precautionary Principle And The Foundational Values Of European Union Food Law: Risk Versus Risk, Miguel A. Recuerda
Journal of Food Law & Policy
In their ordinary lives, many people try to avoid any situation involving risk that could cause themselves harm. On the other hand, others assume risk with greater facility because they are not sufficiently aware of it, or because they know that the probability of resulting damage is very low. Overwhelming worry in the face of any kind of risk would be paralyzing (we would not leave the house, eat in any restaurant outside of our home, drive, or fly). On the contrary, an attitude absolutely heedless of risks would end up causing innumerable damages, some of them irreparable. Common sense …
Disestablishing "The Last Plantation": The Need For Accountability In The United States Department Of Agriculture, Seth L. Ellis
Disestablishing "The Last Plantation": The Need For Accountability In The United States Department Of Agriculture, Seth L. Ellis
Journal of Food Law & Policy
The United States Department of Agriculture (USDA) was signed into law by President Abraham Lincoln in 1862. At the signing ceremony, President Lincoln declared the Department of Agriculture to be the "people's Department" because he said it governed an industry "in which [citizens felt] more directly concerned than in any other. .. ." Today, many American citizens do not share Abraham Lincoln's view of the USDA as being the "people's Department"; rather, they identify it as being "the last plantation" due to its long history of open discrimination against African-American farmers. While this discrimination has occurred throughout America's history, perhaps …
Contents, Journal Editors
Renting The Good Life, Jim Hawkins
Renting The Good Life, Jim Hawkins
William & Mary Law Review
Academic literature and court decisions are replete with calls to ban or severely inhibit the rent-to-own industry. The argument is simple enough: Rent-to-own firms charge exorbitant prices to the most needy and vulnerable segments of society. The case for burdensome regulations, however, is much more difficult to make out than past scholarship has admitted. For the most part, academics have proceeded directly to proposing specific regulations for the industry without first carefully analyzing the rent-to-own business or the reasons for imposing drastic regulations. This Article examines the theoretical justifications for regulating the rent-to-own industry against the backdrop of interviews I …
All Bark And No Bite: A Modern Evidentiary Argument For The Retirement Of The Age-Old Pennsylvania Rule, Bin Wang
William & Mary Law Review
No abstract provided.
The Unrecognized Right Of Criminal Defendants To Admit Their Own Pretrial Statements, Stephen A. Saltzburg, Daniel J. Capra
The Unrecognized Right Of Criminal Defendants To Admit Their Own Pretrial Statements, Stephen A. Saltzburg, Daniel J. Capra
William & Mary Law Review
In Agard v. Portuondo, the United States Supreme Court held that a prosecutor did not violate a testifying defendant's constitutional rights by inviting the jury to infer from the defendant's presence at trial that the defendant altered his own version of events to accord with other witnesses' testimony. Justice Scalia's opinion for the Court emphasized that jurors might well draw the inference even without a prosecutor asking them to do so. Although Agard is viewed as giving an advantage in a criminal trial to the government, this Article considers how Agard might be used to allow defense counsel to introduce …
Religion At A Public University, Gerard V. Bradley
Religion At A Public University, Gerard V. Bradley
William & Mary Law Review
No abstract provided.
Extraterritoriality In U.S. Patent Law, Timothy R. Holbrook
Extraterritoriality In U.S. Patent Law, Timothy R. Holbrook
William & Mary Law Review
Globalization has eroded traditional territorial limits on intellectual property laws. Although this pressure was first seen in trademark and copyright law, recent court decisions have demonstrated that the territorial lines of U.S. patents are also under assault. Indeed, the Supreme Court recently considered extraterritoriality in U.S. patent law in its 2007 decision in Microsoft Corp. v. AT&T Corp., discussed thoroughly in this Article. Courts and commentators have offered two primary approaches to deal with the issue of the extraterritorial reach of U.S. patents. First, many courts, including the Supreme Court, continue to adhere to a strict view of a patent's …