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Full-Text Articles in Law
Unclos: Securing The United States' Future In Offshore Wind Energy, Kieran Dwyer
Unclos: Securing The United States' Future In Offshore Wind Energy, Kieran Dwyer
Minnesota Journal of International Law
No abstract provided.
Teaching The Rule Of Law, Robert Stein
Teaching The Rule Of Law, Robert Stein
Minnesota Journal of International Law
No abstract provided.
A Minnesota Judge's Perspective On The Rule Of Law In China And Kyrgyzstan, Paul H. Anderson
A Minnesota Judge's Perspective On The Rule Of Law In China And Kyrgyzstan, Paul H. Anderson
Minnesota Journal of International Law
No abstract provided.
The Modern Law Of Corporate Groups: An Empirical Study Of Piercing The Corporate Veil In The Parent-Subsidiary Context, John H. Matheson
The Modern Law Of Corporate Groups: An Empirical Study Of Piercing The Corporate Veil In The Parent-Subsidiary Context, John H. Matheson
Articles
Today, massive corporations – both national and international – dominate financial and commercial activities, exercising enormous economic power. The standard organizational structure for these businesses has a parent corporation as the sole shareholder of multiple, separately incorporated operating subsidiaries (or layers of subsidiaries) in a corporate group. One particular application of the law of corporate groups entails dealing with the ramifications of subsidiary insolvency. Given the massive financial assets of many multinational parent corporations, actions to ignore the legal separateness of a corporate subsidiary of a parent company offer some of the biggest potential payoffs for claimants. In today's global …
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 …
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 …
Rule Of Law: What Does It Mean?, Robert Stein
Rule Of Law: What Does It Mean?, Robert Stein
Articles
I congratulate the Editors of the Journal of International Law on organizing this Symposium on the subject of the Rule of Law, specifically, Creating a Rule of Law Culture. The Journal was established during the time I served as Dean of the Law School, and I take pride in the way it has grown through the years.
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.
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.
What Explains Persistent Racial Disproportionality In Minnesota's Prison And Jail Populations?, Richard Frase
What Explains Persistent Racial Disproportionality In Minnesota's Prison And Jail Populations?, Richard Frase
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.
Second Look Provisions In The Proposed Model Penal Code Revisions, Richard Frase
Second Look Provisions In The Proposed Model Penal Code Revisions, Richard Frase
Articles
No abstract provided.
Norval Morris's Contributions To Sentencing Structures, Theory, And Practice, Richard Frase
Norval Morris's Contributions To Sentencing Structures, Theory, And Practice, Richard Frase
Articles
No abstract provided.
So Much More Than A "Harmless Drudge": Samuel Johnson And His Dictionary, Joan Howland
So Much More Than A "Harmless Drudge": Samuel Johnson And His Dictionary, Joan Howland
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.
Redesigning Consumer Dispute Resolution: A Case Study Of The British And American Approaches To Insurance Claims Conflict, Daniel Schwarcz
Redesigning Consumer Dispute Resolution: A Case Study Of The British And American Approaches To Insurance Claims Conflict, Daniel Schwarcz
Articles
Much of insurance law and regulation is concerned with compensating consumers who have been wrongly denied coverage. But policyholders nonetheless have relatively few realistic options for challenging an insurer's adverse coverage determination. Litigation is often too slow and costly for those who have recently suffered significant financial loss. Meanwhile, the alternative dispute resolution (ADR) options that do exist-such as the conciliation services that insurance regulators offer or the existing variants of insurance arbitration-are generally either ineffective or unavailable for most disputes. This Article proposes a new way forward by looking to the United Kingdom's innovative Financial Ombudsman Service (FOS), which …
Disclosure, Endorsement, And Identity In Social Marketing, William Mcgeveran
Disclosure, Endorsement, And Identity In Social Marketing, William Mcgeveran
Articles
Social marketing is among the newest advertising trends now emerging on the internet. Using online social networks such as Facebook or MySpace, marketers can send personalized promotional messages featuring an ordinary customer to that customer's friends. Because they reveal a customer's browsing and buying patterns, and because they feature implied endorsements, the messages raise significant concerns about disclosure of personal matters, information quality, and individuals' ability to control the commercial exploitation of their identity. Yet social marketing falls through the cracks between several different legal paradigms that might allow its regulation-spanning from privacy to trademark and unfair competition to consumer …
Optimal Timing Of Legal Intervention: The Role Of Timing Rules, Barbara Luppi, Francesco Parisi
Optimal Timing Of Legal Intervention: The Role Of Timing Rules, Barbara Luppi, Francesco Parisi
Articles
In a recent article, Gersen and Posner (2007) examined the role of timing rules in promoting the optimal timing of legislative action. In this brief essay, we address the issue of optimal timing of lawmaking through the lens of option theory. We provide a formalization of seven alternative timing rules and evaluate the option value of those legislative strategies. This formalization allows us to evaluate the desirability of alternative timing rules in different regulatory environments.
Coordinating Cross-Border Bankruptcy: How Territorialism Saves Universalism, Edward Adams, Jason Fincke
Coordinating Cross-Border Bankruptcy: How Territorialism Saves Universalism, Edward Adams, Jason Fincke
Articles
This article explores the difficulties of coordinating cross-border bankruptcies. These difficulties arise from the lack of a binding set of uniform international rules, forcing multinational businesses to look to domestic laws for guidance. The problem is that without coordinated, concurrent insolvency proceedings, an effective reorganization of a multinational corporation is impossible because a multitude of separate judgments ultimately leads to the dismemberment of a debtor's estate.To address this challenge, an increasing number of countries – including the United States and several European countries such as Germany, Poland, Romania, Spain, and the United Kingdom – have enacted a Model Law on …
The Regulation Of Creativity Under The Wipo Internet Treaties, Ruth Okediji
The Regulation Of Creativity Under The Wipo Internet Treaties, Ruth Okediji
Articles
The WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (WIPO Internet Treaties) recite a need for a digital copyright framework to facilitate 'adequate solutions to questions raised by new economic, social, cultural and technological developments.' It can hardly be contested that the social and cultural developments to which the Treaties refer do not derive from the cultural or economic conditions (much less technological developments) of the developing and least-developed countries. Consistent with their predecessors, the WIPO Internet Treaties marginalize collaborative forms of creative engagement with which citizens in the global South have long identified and continue in the …
A Missed Opportunity: Minnesota's Failed Experiment With Choice-Based Integration, Margaret Hobday, Geneva Finn, Myron Orfield
A Missed Opportunity: Minnesota's Failed Experiment With Choice-Based Integration, Margaret Hobday, Geneva Finn, Myron Orfield
Articles
No abstract provided.
Punitive Damages After Exxon Shipping Company V. Baker: The Quest For Predictability And The Role Of Juries, Alexandra Klass
Punitive Damages After Exxon Shipping Company V. Baker: The Quest For Predictability And The Role Of Juries, Alexandra Klass
Articles
This Symposium Essay considers the impact of the Supreme Court’s 2008 decision in Exxon Shipping Company v. Baker on the ability of juries to award punitive damages in a manner that comports with the law. In that case, the Court continued its two-decade crusade to place federal limits on punitive damages awards. The Exxon case was a federal maritime case arising out of the 1989 grounding of the Exxon Valdez in Prince William Sound, Alaska, resulting in arguably the biggest environmental disaster in U.S. history. In its decision, the Court for the first time identified “unpredictability” as the fundamental problem …
The Importance Of Deceptive Practice Enforcement In Financial Institution Regulation, Prentiss Cox
The Importance Of Deceptive Practice Enforcement In Financial Institution Regulation, Prentiss Cox
Articles
No abstract provided.
Publius For All Of Us. Book Review Of: The Story Of The Federalist: How Hamilton And Madison Reconceived America. By Dan T. Coenen, Brannon P. Denning
Publius For All Of Us. Book Review Of: The Story Of The Federalist: How Hamilton And Madison Reconceived America. By Dan T. Coenen, Brannon P. Denning
Constitutional Commentary
Book review: The Story of the Federalist: How Hamilton and Madison Reconceived America. By Dan T. Coenen. Twelve Tables Press. 2007. Pp. xi+ 406. Reviewed by: Brannon P. Denning
The Sometimes Unitary Executive: Presidential Practice Throughout History. Book Review Of: The Unitary Executive: Presidential Power From Washington To Bush. Steven G. Calabresi And Christopher S. Yoo, Harold J. Krent
Constitutional Commentary
Book review: The Unitary Executive: Presidential Power from Washington to Bush. Steven G. Calabresi and Christopher S. Yoo. New Haven: Yale University Press. 2008. Pp. xiii +544. Reviewed by: Harold J. Krent
Originalism As Jujitsu. Book Review Of: Retained By The People: The "Silent" Ninth Amendment And The Constitutional Rights Americans Don't Know They Have. By Daniel A. Farber, Kurt T. Lash
Constitutional Commentary
Book review: Retained by the People: The "Silent" Ninth Amendment and the Constitutional Rights Americans Don't Know They Have. By Daniel A. Farber. New York: Basic Books, 2007. Pp. xiv + 236. Reviewed by: Kurt T. Lash
Guantanamo, Boumediene, And Jurisdiction-Stripping: The Imperial President Meets The Imperial Court, Martin J. Katz
Guantanamo, Boumediene, And Jurisdiction-Stripping: The Imperial President Meets The Imperial Court, Martin J. Katz
Constitutional Commentary
No abstract provided.
Judicial Review And Judicial Duty: The Original Understanding. Book Review Of: Law And Judicial Duty. By Philip Hamburger, Nelson Lund
Constitutional Commentary
Book review: Law and Judicial Duty. By Philip Hamburger. Harvard University Press, 2008. Pp. xviii + 658. Reviewed by: Nelson Lund
Judicial Character (And Does It Matter). Book Review Of: Constitutional Conscience: The Moral Dimension Of Judicial Decision. H. Jefferson Powell; How Judges Think. Richard A. Posner; Judgement Calls: Principle And Politics In Constitutional Law. Daniel A. Farber & Suzanna Sherry, Paul Horwitz
Constitutional Commentary
Book review: Constitutional Conscience: The Moral Dimension of Judicial Decision. H. Jefferson Powell. University of Chicago Press. 2008. Pp. x + 149 ; How Judges Think. Richard A. Posner. Harvard University Press. 2008. Pp. 387 ; Judgement Calls: Principle and Politics in Constitutional Law. Daniel A. Farber & Suzanna Sherry. Oxford University Press. 2009. Pp. xv + 201. Reviewed by: Paul Horwitz
When And How U.S. Courts Should Cite Foreign Law, Stephen Yeazell
When And How U.S. Courts Should Cite Foreign Law, Stephen Yeazell
Constitutional Commentary
No abstract provided.