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Full-Text Articles in Law

Policing The Good Guys: Regulation Of The Charitable Sector Through A Federal Charity Oversight Board, Terri Lynn Helge Dec 2009

Policing The Good Guys: Regulation Of The Charitable Sector Through A Federal Charity Oversight Board, Terri Lynn Helge

Faculty Scholarship

Recently, public confidence in the charitable sector has eroded due to a barrage of media reports on scandals and abuses. The principal parties charged with regulation of the charitable sector, the Internal Revenue Service and state attorneys general, are saddled with bureaucratic constraints that make it difficult to enforce the laws governing the fiduciary responsibilities of charity managers. Substantial reform in the regulation of charitable organizations is necessary to curb the reported abuses that have undermined confidence in the charitable sector.

Some advocate expanding private regulation of the charitable sector to improve enforcement of the fiduciary responsibilities of charitable managers. …


An Information Prescription For Prescription Drug Regulation, Anita Bernstein, Joseph Bernstein Dec 2009

An Information Prescription For Prescription Drug Regulation, Anita Bernstein, Joseph Bernstein

Faculty Scholarship

No abstract provided.


The Comparative Nature Of Punishment, Adam Kolber Dec 2009

The Comparative Nature Of Punishment, Adam Kolber

Faculty Scholarship

No abstract provided.


More Cooperation, Less Uniformity: Tax Deharmonization And The Future Of The International Tax Regime, Steven A. Dean Nov 2009

More Cooperation, Less Uniformity: Tax Deharmonization And The Future Of The International Tax Regime, Steven A. Dean

Faculty Scholarship

No abstract provided.


Pecuniary Reparations Following National Crisis: A Convergence Of Tort Theory, Microfinance, And Gender Equality, Anita Bernstein Oct 2009

Pecuniary Reparations Following National Crisis: A Convergence Of Tort Theory, Microfinance, And Gender Equality, Anita Bernstein

Faculty Scholarship

No abstract provided.


Originality, Alex Stein, Gideon Parchomovsky Oct 2009

Originality, Alex Stein, Gideon Parchomovsky

Faculty Scholarship

No abstract provided.


How (Not) To Think Like A Punisher, Alice Ristroph Sep 2009

How (Not) To Think Like A Punisher, Alice Ristroph

Faculty Scholarship

No abstract provided.


Demand-Side Gatekeepers In The Market For Home Loans, Edward J. Janger, Susan Block-Lieb Jul 2009

Demand-Side Gatekeepers In The Market For Home Loans, Edward J. Janger, Susan Block-Lieb

Faculty Scholarship

No abstract provided.


Attempt By Omission, Michael T. Cahill May 2009

Attempt By Omission, Michael T. Cahill

Faculty Scholarship

No abstract provided.


Implied Reverse Preemption, Anita Bernstein Apr 2009

Implied Reverse Preemption, Anita Bernstein

Faculty Scholarship

No abstract provided.


Aggregate-Plus Theory Of Partnership Taxation, Bradley T. Borden Apr 2009

Aggregate-Plus Theory Of Partnership Taxation, Bradley T. Borden

Faculty Scholarship

No abstract provided.


New Groups And Old Doctrine: Rethiking Congressional Power To Enforce The Equal Protection Clause, William D. Araiza Apr 2009

New Groups And Old Doctrine: Rethiking Congressional Power To Enforce The Equal Protection Clause, William D. Araiza

Faculty Scholarship

No abstract provided.


Manufacturers' Liability For Defective Product Designs: The Triumph Of Risk-Utility, Aaron D. Twerski, James A. Henderson, Jr. Apr 2009

Manufacturers' Liability For Defective Product Designs: The Triumph Of Risk-Utility, Aaron D. Twerski, James A. Henderson, Jr.

Faculty Scholarship

No abstract provided.


The Subjective Experience Of Punishment, Adam Kolber Jan 2009

The Subjective Experience Of Punishment, Adam Kolber

Faculty Scholarship

No abstract provided.


The Future Of The Securities And Exchange Commission As A Market Regulator, Roberta S. Karmel Jan 2009

The Future Of The Securities And Exchange Commission As A Market Regulator, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Open Tenancies-In-Common, Bradley T. Borden Jan 2009

Open Tenancies-In-Common, Bradley T. Borden

Faculty Scholarship

No abstract provided.


Fellow-Feeling And Gender In The Law Of Personal Injury, Anita Bernstein Jan 2009

Fellow-Feeling And Gender In The Law Of Personal Injury, Anita Bernstein

Faculty Scholarship

No abstract provided.


For-Profit Philanthropy, Dana Brakman Reiser Jan 2009

For-Profit Philanthropy, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.


The Interpretation Of Multilingual Statutes By The European Court Of Justice, Lawrence Solan Jan 2009

The Interpretation Of Multilingual Statutes By The European Court Of Justice, Lawrence Solan

Faculty Scholarship

No abstract provided.


Life At The Center Reflections On My Career, Roberta S. Karmel Jan 2009

Life At The Center Reflections On My Career, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


The Hardening Of Soft Law In Securities Regulation, Roberta S. Karmel, Claire Kelly Jan 2009

The Hardening Of Soft Law In Securities Regulation, Roberta S. Karmel, Claire Kelly

Faculty Scholarship

No abstract provided.


Pitfalls Ahead: A Manifesto For The Training Of Lawyers, Anita Bernstein Jan 2009

Pitfalls Ahead: A Manifesto For The Training Of Lawyers, Anita Bernstein

Faculty Scholarship

No abstract provided.


National Security Without Secret Laws: How Other Nations Balance National Security Interests And Transparency Of The Law, Sudha Setty Jan 2009

National Security Without Secret Laws: How Other Nations Balance National Security Interests And Transparency Of The Law, Sudha Setty

Faculty Scholarship

This Article explores the issues surrounding, and the arguments against, secret law by providing an international comparative perspective. As an example of secret law, the Author cites the lack of transparency surrounding the Bush Administration Department of Justice’s Office of Legal Counsel (OLC) March 2003 torture policy memorandum, which was kept secret for years before being declassified and disclosed in April 2008 in response to a Freedom of Information Act lawsuit. The Author examines the justifications given for nondisclosure, such as arguments that disclosure is incompatible with prioritizing national security. In brief, the Author rejects such a formulation, stating “[t]he …


No More Secret Laws: How Transparency Of Executive Branch Legal Policy Doesn't Let The Terrorists Win, Sudha Setty Jan 2009

No More Secret Laws: How Transparency Of Executive Branch Legal Policy Doesn't Let The Terrorists Win, Sudha Setty

Faculty Scholarship

One of the key hallmarks of a democratic nation is that there are no secret laws. In the post-September 11, 2001 era, the George W. Bush administration relied on national security concerns and the unitary executive theory of presidential power as justifications for maintaining secret legal policies that govern parts of the war on terrorism that affect serious issues of human rights and civil liberties. These legal policies sometimes staked out positions that are at odds with legislation, treaties, and court decisions—but the parameters of the executive branch legal policies were sometimes unknown because of the lack of public disclosure. …


Campaign Finance Regulation: The Resilience Of The American Model, William Araiza Jan 2009

Campaign Finance Regulation: The Resilience Of The American Model, William Araiza

Faculty Scholarship

No abstract provided.


How To Improve Empirical Desert, Adam Kolber Jan 2009

How To Improve Empirical Desert, Adam Kolber

Faculty Scholarship

No abstract provided.