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Articles 1351 - 1380 of 11502
Full-Text Articles in Law
The Private Action Requirement, Gerard N. Magliocca
The Private Action Requirement, Gerard N. Magliocca
FIU Law Review
No abstract provided.
Reflections On The Doctrinal And Big-Picture Issues Raised By The Constitutional Challenges To The Patient Protection And Affordable Care Act (Obamacare), Vikram David Amar
Reflections On The Doctrinal And Big-Picture Issues Raised By The Constitutional Challenges To The Patient Protection And Affordable Care Act (Obamacare), Vikram David Amar
FIU Law Review
No abstract provided.
A Long, Strange Trip: My First Year Challenging The Constitutionality Of Obamacare, Ilya Shapiro
A Long, Strange Trip: My First Year Challenging The Constitutionality Of Obamacare, Ilya Shapiro
FIU Law Review
No abstract provided.
Cost Containment And The Patient Protection And Affordable Care Act, David Orentlicher
Cost Containment And The Patient Protection And Affordable Care Act, David Orentlicher
FIU Law Review
No abstract provided.
Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo
Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo
FIU Law Review
No abstract provided.
A Modest Experiment In Pedagogy: Lessons On Comparative Constitutional Law, Thomas E. Baker
A Modest Experiment In Pedagogy: Lessons On Comparative Constitutional Law, Thomas E. Baker
FIU Law Review
No abstract provided.
The Transformation Test: Artistic Expression, Fair Use, And The Derivative Right, Frank Houston
The Transformation Test: Artistic Expression, Fair Use, And The Derivative Right, Frank Houston
FIU Law Review
No abstract provided.
Is Perception Reality?: An Argument Against The Use Of Rule 403 For The Exclusion Of Eyewitness Identification Expert Testimony, Chelsea Moore
Is Perception Reality?: An Argument Against The Use Of Rule 403 For The Exclusion Of Eyewitness Identification Expert Testimony, Chelsea Moore
FIU Law Review
No abstract provided.
Out From Under The Shadow Of The Federal Constitution: An Overlooked American Constitutionalism, Christian G. Fritz
Out From Under The Shadow Of The Federal Constitution: An Overlooked American Constitutionalism, Christian G. Fritz
Faculty Scholarship
Most scholars of constitutional law and history equate American constitutionalism with the Federal constitution. This spotlight on the Federal constitution rests on a series of modern assumptions that elevate the status of the Federal constitution over the rich history of state constitutions, and inevitably neglect the central constitutional tenet of the American Revolution - the sovereignty of the people. Viewing American constitutionalism from the perspective of the constitutional legacy of the Revolution suggests a modified paradigm in which state constitutions play a critical role in our understanding the full meaning of American constitutionalism. The idea of a collective sovereign introduced …
1,000% Interest- Good While Supplies Last: A Study Of Payday Loan Practices And Solutions, Nathalie Martin
1,000% Interest- Good While Supplies Last: A Study Of Payday Loan Practices And Solutions, Nathalie Martin
Faculty Scholarship
Would you pay 1000 dollars in fees to borrow 100 dollars for a period of twenty weeks? Is it possible that such a loan is even legal? Welcome to the world of payday lending, one of the fastest growing segments of the consumer credit industry. This Article describes the practices of payday loan companies and then discusses some states failed attempts to institute regulation. These legislative efforts frequently fail because crafty lenders quickly adapt to new legislation by finding loopholes that undermine any consumer protection provided by the new regulatory laws. This Article also reports on an empirical study of …
Deregulation Pas De Deux: Dual Regulatory Classes Of Financial Institutions And The Path To Financial Crisis In Sweden And The United States, Erik F. Gerding
Deregulation Pas De Deux: Dual Regulatory Classes Of Financial Institutions And The Path To Financial Crisis In Sweden And The United States, Erik F. Gerding
Faculty Scholarship
This article presents the following model of two regulatory classes of financial institutions interacting in financial and political markets to spur deregulation and riskier lending and investment, which in turn contributes to the severity of a financial crisis: 1) Regulation creates two categories of financial institutions. The first class faces greater restrictions in lending or investment activities but enjoys regulatory subsidies, such as an explicit or implicit government guarantee, while the second class is more loosely regulated and can make riskier loans or investments and earn additional profits. 2) These additional profits leads to calls for deregulation to enable the …
Draft Of Beck Speech - 2010, Wendy J. Gordon
Draft Of Beck Speech - 2010, Wendy J. Gordon
Scholarship Chronologically
I come here with a sense of gratitude, to the intellectually stimulating BU community of students, staff and faculty, that has taught me so much, and grateful today especially to those who made this event possible. I would like to thank you all for coming, thank Dean O'Rourke for hosting this wonderful event, Mary Gallagher and Cornell Stinson for organizing it, and most especially I thank Phil Beck for his generosity to the Boston University School of Law in funding this Chair. It's immensely flattering to me having been chosen the initial recipient, and flattering to the school that Phil …
Draft Of Beck Lecture - 2010, Wendy J. Gordon
Draft Of Beck Lecture - 2010, Wendy J. Gordon
Scholarship Chronologically
I am grateful to the wonderful BU community that has taught me so much, and to those who made this event possible. I thank Dean O'Rourke for hosting this wonderful event, Mary Gallagher, Cornell Stinson and Erin Elwood for organizing it, and I thank you all for coming. I am honored to follow Bill Ryckman in the Chair, a man I admire. Most especially I thank Phil Beck for his generosity to the Boston University School of Law in funding this Chair. It's flattering to me having been chosen its recipient, and flattering to the school that Phil chose us …
Use Of Ui And Es By Recent Tanf Leavers, Christopher J. O'Leary
Use Of Ui And Es By Recent Tanf Leavers, Christopher J. O'Leary
Conference Papers
No abstract provided.
Workforce Investment Act (Wia) Net Impact Estimates And Rates Of Return, Kevin Hollenbeck
Workforce Investment Act (Wia) Net Impact Estimates And Rates Of Return, Kevin Hollenbeck
Conference Papers
No abstract provided.
Supreme Court Of The United States, October Term 2010 Preview, Georgetown University Law Center, Supreme Court Institute
Supreme Court Of The United States, October Term 2010 Preview, Georgetown University Law Center, Supreme Court Institute
Supreme Court Overviews
No abstract provided.
Appeal No. 0828: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0828: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2010-28
Vol. 39, No. 04 (September 20, 2010)
Taxing Punitive Damages, Gregg D. Polsky, Dan Markel
Taxing Punitive Damages, Gregg D. Polsky, Dan Markel
Scholarly Works
There is a curious anomaly in the law of punitive damages. Jurors assess punitive damages in the amount that they believe will best “punish” the defendant. But, in fact, defendants are not always punished to the degree that the jury intends. Under the Internal Revenue Code, punitive damages paid by business defendants are tax deductible and, as a result, these defendants often pay (in real dollars) far less than the jury believes they deserve to pay.
To solve this problem of under-punishment, many scholars and policymakers, including President Obama, have proposed making punitive damages nondeductible in all cases. In our …
Appeal No. 0827: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0827: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2010-27
Appeal No. 0826: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0826: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2010-26
Appeal No. 0825: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0825: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2010-25
Salazar V. Buono And The Future Of The Establishment Clause, Christopher C. Lund
Salazar V. Buono And The Future Of The Establishment Clause, Christopher C. Lund
NULR Online
Commentators often complain that Establishment Clause jurisprudence is incoherent and unprincipled. That accusation usually seems overwrought—perhaps we should not expect so much consistency from a Court that decides only the cases that come before it, holds multiple values, operates with continually changing personnel, and gives significant but unquantifiable weight to precedent. Yet of the areas of Establishment Clause litigation, this complaint carries the most force in the context of passive-display cases—cases where the government passively displays a religious symbol, like a cross or a crèche, a Ten Commandments monument, or an illuminated Bible. Here the critics have a point.
Balanced Budget Amendment Is Dangerous Gimmick, Not Solution, Nathan B. Oman
Balanced Budget Amendment Is Dangerous Gimmick, Not Solution, Nathan B. Oman
Popular Media
No abstract provided.
September 18, 2010: How Should A Hallowed Secularist Live: Like A Believer, Bruce Ledewitz
September 18, 2010: How Should A Hallowed Secularist Live: Like A Believer, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Should a Hallowed Secularist Live: Like a Believer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Right Labels, Wrong Categories: Some Comments On Steven D. Smith's, 'Why Is Government Speech Problematic?', Alan K. Chen
Right Labels, Wrong Categories: Some Comments On Steven D. Smith's, 'Why Is Government Speech Problematic?', Alan K. Chen
Sturm College of Law: Faculty Scholarship
This essay is a response to a paper presented by the noted First Amendment scholar, Steven D. Smith, at the 17th Ira C. Rothgerber, Jr. Constitutional Law Conference, “Government Speech in Transition.” In his thoughtful paper, Professor Smith addresses the theoretical underpinnings of free speech analysis as applied to the confounding problem of government speech. He argues that much of the confusion surrounding government speech can be addressed by reaching a clearer understanding of three problems – the unnecessary problem (a misguided commitment to government neutrality), an unnoticed problem (the issue of institutional capture), and the “big” problem (the lack …
Brief In Opposition To Petition For A Writ Of Certiorari By Respondent Tribes Upper Skagit Indian Tribe, Swinomish Indian Tribal Community, Jamestown S'Klallam Tribe, Port Gamble S'Klallam Tribe, And Tulalip Tribes - Suquamish Indian Tribe V. Upper Skagit Indian Tribe, Docket No. 10-33 (562 U.S. 981 (2010))
Suquamish Indian Tribe v. Upper Skagit Indian Tribe, Docket No. 10-33 (562 U.S. 981 (2010))
No abstract provided.
Brief Of Amicus Curiae Id Software Llc In Support Of Respondents, Paul E. Salamanca, James T. Drakeley, D. Wade Cloud Jr., Kevin J. Keith, J. Griffin Lesher, Amy Yeung
Brief Of Amicus Curiae Id Software Llc In Support Of Respondents, Paul E. Salamanca, James T. Drakeley, D. Wade Cloud Jr., Kevin J. Keith, J. Griffin Lesher, Amy Yeung
Law Faculty Advocacy
No abstract provided.