Open Access. Powered by Scholars. Published by Universities.®
Articles 31 - 60 of 124
Full-Text Articles in Law
Irb Guidance: The No Man's Land Of Tax Code Interpretation, Kristin Hickman
Irb Guidance: The No Man's Land Of Tax Code Interpretation, Kristin Hickman
Articles
This Symposium Essay compares current patterns and practices surrounding IRS utilization of IRB guidance (revenue rulings, revenue procedures, and notices) with administrative law doctrine concerning informal agency guidance documents. In administrative law jurisprudence, the distinction between legislative and interpretative rules (and thus whether the Administrative Procedure Act requires public notice and comment procedures) and the determination of whether Chevron or Skidmore provides the appropriate evaluative standard on judicial review both ultimately turn on whether the agency legal interpretation at issue carries the force and effect of law. The precise contours of the force of law concept are unclear, as is …
Ross And Olivecrona On Rights, Brian H. Bix
Ross And Olivecrona On Rights, Brian H. Bix
Articles
Scandinavian legal realism was a movement of the early and middle decades of the 20th century, which paralleled the American legal realist movement, while presenting a more skeptical challenge to legal reasoning and discourse. The present paper was written for a forthcoming Oxford University Press collection on the Scandinavian realists. The approach to jurisprudence of Scandinavian realists Alf Ross and Karl Olivecrona was simultaneously simple and radical: they wanted to rid our thinking about law of all the mystifying references to abstract concepts and metaphysical entities. This paper offers a critical overview of Ross's and Olivecrona's views on legal rights, …
Staying Alive: Public Interest Law In Contemporary Latin America, Stephen Meili
Staying Alive: Public Interest Law In Contemporary Latin America, Stephen Meili
Articles
This paper explores the current state of public interest lawyering in three Latin American countries: Argentina, Brazil and Chile. Based on a series of open-ended interviews with lawyers, judges and social movement activists, it compares public interest lawyering in these countries now with how it was practiced when the author interviewed some of the same individuals in the early to mid 1990s. Its analysis is set within the context of important geopolitical and socio-legal phenomena: the current global economic crisis and the judicialization of politics and constitutionalization of rights that has swept across the region over the past two decades. …
The Administration Of Justice And Human Rights, David Weissbrodt
The Administration Of Justice And Human Rights, David Weissbrodt
Articles
This article discusses the place of international human rights standards - as elaborated in global and regional treaties, other instruments, and authoritative interpretations - in the advancement of the administration of justice. The administration of justice includes the norms, institutions, and frameworks by which states seek to achieve fairness and efficiency in dispensing criminal, administrative, and civil justice. The United Nations, regional organisations, and other international structures have codified a substantial framework of fair trial and other administration of justice standards, which have been accepted, albeit not always followed, by most nations and which have begun to be used in …
Equitable Prescription Drug Coverage: Preventing Sex Discrimination In Employer-Provided Health Plans, Stephen F. Befort, Elizabeth C. Borer
Equitable Prescription Drug Coverage: Preventing Sex Discrimination In Employer-Provided Health Plans, Stephen F. Befort, Elizabeth C. Borer
Articles
Nearly half of large, employer-sponsored group health plans in the United States do not cover prescription contraceptives used by women. This exclusion contributes to unintended pregnancies, higher out-of-pocket expenses, and adverse social consequences. The federal courts currently are split on whether this exclusion violates Title VII as amended by the Pregnancy Discrimination Act (PDA). In a recent decision that is of first impression at the circuit court level, the Eighth Circuit ruled in In re Union Pacific Railroad Employment Practices Litigation that the lack of contraception coverage in an employee health insurance plan that covered Rogaine and Viagra for men …
Teaching The Rule Of Law, Robert Stein
Teaching The Rule Of Law, Robert Stein
Articles
We have heard throughout the day of the enormous amount of rule of law work going on all over the world. This primarily began in the early nineties after the fall of the Berlin Wall and the collapse of the Soviet Union.
Empirical Legal Studies Before 1940: A Bibliographic Essay, Herbert M. Kritzer
Empirical Legal Studies Before 1940: A Bibliographic Essay, Herbert M. Kritzer
Articles
The modern empirical legal studies movement has well-known antecedents in the law and society and law and economics traditions of the latter half of the 20th century. Less well known is the body of empirical research on legal phenomena from the period prior to World War II. This paper is an extensive bibliographic essay that surveys the English language empirical legal research from approximately 1940 and earlier. The essay is arranged around the themes in the research: criminal justice, civil justice (general studies of civil litigation, auto accident litigation and compensation, divorce, small claims, jurisdiction and procedure, civil juries), debt …
Climate Change And Reassessing The "Right" Level Of Government: A Response To Bronin, Alexandra B. Klass
Climate Change And Reassessing The "Right" Level Of Government: A Response To Bronin, Alexandra B. Klass
Articles
Climate change has caused lawmakers, policymakers, and scholars to reassess the traditional role of federal, state, and local governments to regulate a broad range of environmental, energy, and land-use issues. While the problem of climate change would appear to be best addressed at the international, or at least the federal level, it has been local governments and states that have taken the first and most important steps in recognizing the problem and experimenting with different ways to address it. While some of these experiments show how the "lower" levels of government can have a significant and positive impact on national-level …
The Mostly Unintended Effects Of Mandatory Penalties: Two Centuries Of Consistent Findings, Michael Tonry
The Mostly Unintended Effects Of Mandatory Penalties: Two Centuries Of Consistent Findings, Michael Tonry
Articles
No abstract provided.
The Untold Story Of America's First Sentencing Commission, Michael Tonry
The Untold Story Of America's First Sentencing Commission, Michael Tonry
Articles
No abstract provided.
Differential Compensation And The "Race To The Bottom" In Consumer Insurance Markets, Daniel Schwarcz
Differential Compensation And The "Race To The Bottom" In Consumer Insurance Markets, Daniel Schwarcz
Articles
No abstract provided.
Carbon Capture And Sequestration: Identifying And Managing Risks, Alexandra B. Klass, Elizabeth J. Wilson
Carbon Capture And Sequestration: Identifying And Managing Risks, Alexandra B. Klass, Elizabeth J. Wilson
Articles
Carbon capture and geologic sequestration (CCS) technology promises to provide deep emissions cuts, particularly from coal power generation, but deploying CCS creates risks of its own. This article first considers the risks associated with CCS, which involves capturing CO{sub 2} emissions from industrial sources and power plants, transporting the CO{sub 2} by pipeline, and injecting it underground for permanent sequestration. The article then suggests ways in which these risks can be minimized and managed and considers more broadly when or if CCS should be deployed or whether its use should be limited or rejected in favor of other solutions.
Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass
Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass
Articles
This Article considers the broad range of tort experiments states have undertaken in recent years as well as the changing attitudes of Congress and the Supreme Court toward state tort law. Notably, as states have engaged in well-publicized tort reform efforts in the products liability and personal injury areas, they have also increased tort rights and remedies to address new societal problems associated with privacy, publicity, consumer protection, and environmental harm. At the same time, however, just as the Supreme Court was beginning its so-called federalism revolution of the 1990s to limit Congressional authority in the name of states' rights, …
The Accountable Executive, Heidi Kitrosser
The Accountable Executive, Heidi Kitrosser
Articles
This Article was written for the 2008 Minnesota Law Review Symposium, Law & Politics in the 21st Century. The Article examines the core functionalist argument typically made to support unitary executive theory: that the theory advances the constitutional principle of accountability by demanding that all executive branch decisions be placed in the hands of a single, nationally elected official. This Article argues that a unitary executive undermines, rather than bolsters, government accountability. The Article also explains that one need not agree with that proposition to conclude that the accountability justification for unitary executive theory is flawed. Rather, one need only …
Bargaining In The Shadow Of The Lawsuit: A Social Norms Theory Of Incomplete Contracts, Claire Hill
Bargaining In The Shadow Of The Lawsuit: A Social Norms Theory Of Incomplete Contracts, Claire Hill
Articles
Complex business contracts are notoriously difficult to write and read. Certainly, when litigation arises, courts scarcely have an easy time interpreting them. Indeed, contracts don't look at all as though they are written to tell a court what the parties want. Why can't smart, well-motivated lawyers do a better job? My article argues that they rationally don't try. I argue for a view of contracting in which parties aren't principally trying to set forth an agreement for a court to enforce. Rather, by leaving inartful language and ambiguity in the agreement, parties are bonding themselves not to seek precipitous recourse …
Why Did Anyone Listen To The Rating Agencies After Enron?, Claire Hill
Why Did Anyone Listen To The Rating Agencies After Enron?, Claire Hill
Articles
Enron was rated investment grade by Moody’s, Standard and Poor’s, and Fitch until four days before it declared bankruptcy - scarcely a ringing endorsement of the agencies’ acumen. Even before Enron, the rating agencies had come in for significant criticism. Yet many investors who lost considerable sums in the financial crisis are saying that they relied on the rating agencies. How can this reliance be reconciled with what preceded it? I argue that an adaptive trait - incorporating new data that potentially conflicts with one’s pre-existing worldview so as to preserve as much of that worldview as possible - proved …
Women, Security, And The Patriarchy Of Internationalized Transitional Justice, Fionnuala Ní Aoláin
Women, Security, And The Patriarchy Of Internationalized Transitional Justice, Fionnuala Ní Aoláin
Articles
In the contemporary global context, transition from conflict to peace and from authoritarian to democratic governance is a critical preoccupation of many states, particularly the United States. In these contexts, accountability for the abuses committed by prior regimes has been a priority for international institutions, states and new governments. Equally, transitional justice goals have expanded to include fashioning new domestic political and legal institutions and a broad range of structural reform in multiple spheres. Whether an expanded or contracted transitional justice paradigm is used to define the perimeters of change, gender concerns have been markedly absent across political contexts and …
Legislative Testimony On The Integration Revenue Program (2009), Institute On Metropolitan Opportunity
Legislative Testimony On The Integration Revenue Program (2009), Institute On Metropolitan Opportunity
Presentations
Legislative testimony Segregation in the Twin Cities: Reforming the Integration Revenue Program
Metropolitan Planning Organization Reform: A National Agenda For Reforming Metropolitan Governance, Myron Orfield, Baris Gumus-Dawes
Metropolitan Planning Organization Reform: A National Agenda For Reforming Metropolitan Governance, Myron Orfield, Baris Gumus-Dawes
Studies
This policy brief recommends significant reform of Metropolitan Planning Organizations to promote fair and sustainable metropolitan growth nationally.
Communities In Crisis: Race And Mortgage Lending In The Twin Cities, Institute On Metropolitan Opportunity
Communities In Crisis: Race And Mortgage Lending In The Twin Cities, Institute On Metropolitan Opportunity
Studies
This report documents strong racial disparities in mortgage lending in the Twin Cities metropolitan area. The Twin Cities has some of the greatest racial lending disparities in the nation, and communities of color have borne the brunt of both the subprime lending and foreclosure crisis. The report shows how much race and segregation influence mortgage lending patters in the Twin Cities.
Segregated Communities: Segregated Finance, Institute On Metropolitan Opportunity
Segregated Communities: Segregated Finance, Institute On Metropolitan Opportunity
Studies
This analysis of race, income and small consumer loans covers the Twin Cities, Portland, Ore., and Seattle.
Portland Metropatterns, Myron Orfield
Regional Strategies To Integrate Twin Cities Schools And Neighborhoods, Institute On Metropolitan Opportunity
Regional Strategies To Integrate Twin Cities Schools And Neighborhoods, Institute On Metropolitan Opportunity
Studies
This combination policy brief and research paper shows a close relationship between segregation in schools and neighborhoods and argues that policy reform for schools and housing must be closely related and regionally coordinated.
Against Permititis: Why Voluntary Organizations Should Regulate The Use Of Cancer Drugs, Richard A. Epstein
Against Permititis: Why Voluntary Organizations Should Regulate The Use Of Cancer Drugs, Richard A. Epstein
Minnesota Law Review
No abstract provided.
Reconfiguring Estate Settlement, John H. Martin
Reconfiguring Estate Settlement, John H. Martin
Minnesota Law Review
No abstract provided.
Why Did The Incorporation Of The Bill Of Rights Fail In The Late Nineteenth Century?, Gerard N. Magliocca
Why Did The Incorporation Of The Bill Of Rights Fail In The Late Nineteenth Century?, Gerard N. Magliocca
Minnesota Law Review
No abstract provided.
Credit Rating Agencies And The First Amendment: Applying Constitutional Journalistic Protections To Subprime Mortgage Litigation, Theresa Nagy
Minnesota Law Review
No abstract provided.
In Re The Welfare Of Due Process, Kristin K. Zinsmaster
In Re The Welfare Of Due Process, Kristin K. Zinsmaster
Minnesota Law Review
No abstract provided.
Counsel And Confrontation, Todd E. Pettys
Aggregating Probabilities Across Cases: Criminal Responsibility For Unspecified Offenses, Alon Harel, Ariel Porat
Aggregating Probabilities Across Cases: Criminal Responsibility For Unspecified Offenses, Alon Harel, Ariel Porat
Minnesota Law Review
No abstract provided.