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Articles 9661 - 9690 of 11502
Full-Text Articles in Law
Desperate Doctors And Antitrust Laws: The Best Ways For Lawmakers To Simulate Physician Collective Bargaining, Cristina Olson
Desperate Doctors And Antitrust Laws: The Best Ways For Lawmakers To Simulate Physician Collective Bargaining, Cristina Olson
Nevada Law Journal
This Note will examine the legality of bills that open up physician collective bargaining—and what kind of provisions lawmakers should include to ensure legality and good policy. Given the current economic downturn, states must look for ways to make health insurance more affordable; a low-cost adjustment of collective bargaining rules may be a good solution. Such an adjustment would not be the only, or necessarily the best, solution to the healthcare cost crisis that exists in America, but it would be worthwhile for legislators to consider. Furthermore, if lawmakers craft legislation that puts state governments in charge of actively supervising …
Epa's Impending Greenhouse Gas Regulations: Digging Through The Morass Of Litigation, Gregory E. Wannier
Epa's Impending Greenhouse Gas Regulations: Digging Through The Morass Of Litigation, Gregory E. Wannier
Sabin Center for Climate Change Law
As the U.S. Congress has failed to pass meaningful climate legislation, the EPA has initiated a series of regulations under the Clean Air Act designed to recognize greenhouse gases as endangering human health and welfare, and set greenhouse gas emission standards for vehicle fleets and for major stationary sources. Unsurprisingly these efforts have been challenged in the DC Circuit Court of Appeals. This paper discusses both the substantive and procedural issues surrounding the cases, all of which merit attention: in the absence of viable climate legislation these decisions will have important bearing on the extent to which the United States …
Colorado’S Clean Air-Clean Jobs Act: Encouraging Conversion Of Coal Plants To Natural Gas, Jonathan Talamini
Colorado’S Clean Air-Clean Jobs Act: Encouraging Conversion Of Coal Plants To Natural Gas, Jonathan Talamini
Sabin Center for Climate Change Law
The State of Colorado's recently-enacted Clean Air-Clean Jobs Act (CACJA) requires utilities to create plans that reduce NOx emissions by 70% at a specified portion of their coal-fired electricity generation facilities by the end of 2017. It allows utilities to use many different methods to achieve those reductions, but encourages and incentivizes the replacement of coal-based generation with natural gas. Utilities must seek approval for their plans from state agencies and must work closely with those agencies in designing the plans. This paper discusses the legal, political, and economic context for CACJA, and highlights the bill's advantages and disadvantages as …
Delphic Dictum: How Has The Icj Contributed To The Global Rule Of Law By Its Ruling On Kovoso Kosovo In The Icj - The Case, Robert Howse, Ruti Teitel
Delphic Dictum: How Has The Icj Contributed To The Global Rule Of Law By Its Ruling On Kovoso Kosovo In The Icj - The Case, Robert Howse, Ruti Teitel
Articles & Chapters
No abstract provided.
Declaratory Relief After Medimmune, David I. Levine, Charles E. Belle
Declaratory Relief After Medimmune, David I. Levine, Charles E. Belle
Faculty Scholarship
No abstract provided.
[Introduction To] The Language Of Law And The Foundations Of American Constitutionalism, Gary L. Mcdowell
[Introduction To] The Language Of Law And The Foundations Of American Constitutionalism, Gary L. Mcdowell
Bookshelf
For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process that was deemed by Chief Justice John Marshall to be “the most sacred rule of interpretation.” Since the end of the nineteenth century, a radically new understanding has developed in which the moral intuition of the judges is allowed to supplant the Constitution’s original meaning as the foundation of interpretation. The Founders’ constitution of fixed and permanent meaning has been replaced by the idea of a “living” or evolving constitution. Gary …
Above All Else Stop Digging: Local Government Law As A (Partial) Cause Of (And Solution To) The Current Housing Crisis, Darien Shanske
Above All Else Stop Digging: Local Government Law As A (Partial) Cause Of (And Solution To) The Current Housing Crisis, Darien Shanske
Faculty Scholarship
No abstract provided.
Yes, And: Core Concerns, Internal Mindfulness, And External Mindfulness For Emotional Balance, Lie Detection, And Successful Negotiation, Clark Freshman
Yes, And: Core Concerns, Internal Mindfulness, And External Mindfulness For Emotional Balance, Lie Detection, And Successful Negotiation, Clark Freshman
Faculty Scholarship
No abstract provided.
Defining The Problem, Hadar Aviram
Luke Cole, Brian E. Gray
Reunion, Megan Carpenter
Space Age Love Song: The Mix Tape In A Digital Universe, Megan M. Carpenter
Space Age Love Song: The Mix Tape In A Digital Universe, Megan M. Carpenter
Faculty Scholarship
Mix tapes are the classic, iconic form of music sharing. Mix tape creators of the past believed they were making a piece of art larger than the sum of its parts. And even in the face of technological development so rapid and far-reaching as to remove the literal "tape" from "mix tape," there are nonetheless modem incarnations that crop up on a regular basis, from mix CDs to mix-sharing websites. The technology is different, but the song remains the same.
Another Early Pennsylvania Legal Periodical: Journal Of Jurisprudence (1821), Joel Fishman
Another Early Pennsylvania Legal Periodical: Journal Of Jurisprudence (1821), Joel Fishman
Law Faculty Publications
In 1821, John Hall published the Journal of Jurisprudence, "a new series of The American Law Journal." It is sometimes cited under the former title or as volume seven of the American Law Journall that was the first law periodical published in the United States. The new volume had 542 pages, divided into three issues of 136, 136, and 270 pages. Mathew Carey & Son, one of the leading Philadelphia printers of early, nineteenth-century Philadelphia,2 was the printer of the Journal. In antebellum Pennsylvania, Philadelphia served as a major printing center,3 hosting a number of …
Consumer Protection In Transnational Contexts, Jacques Delisle, Elizabeth Trujillo
Consumer Protection In Transnational Contexts, Jacques Delisle, Elizabeth Trujillo
Faculty Scholarship
This Article provides an overview of United States consumer protection law in the growing number cases with an international dimension that arise with economic globalization, expanding transnational corporations, worldwide production chains, manufacturing outsourcing and more efficient international communication. U.S. consumer protection law remains primarily state law, including tort and product liability law, contract and warranty law, and general and product-specific consumer protection statutes. (This refers to the private law remedies for consumer goods which are the substantive laws addressed in this article.) There is little treaty-based, constitutional or federal law except for federal regulatory law that largely adopts state law …
Foreword, Lawrence A. Zelenak
American Economic Development, Managerial Corporate Capitalism, And The Institutional Foundations Of The Modern Income Tax, Ajay K. Mehrotra
American Economic Development, Managerial Corporate Capitalism, And The Institutional Foundations Of The Modern Income Tax, Ajay K. Mehrotra
Law and Contemporary Problems
Mehrotra examines the factors contributing to the introduction of the corporate income tax in 1909 and of the individual income tax in 1913. According to the conventional wisdom, these taxes were the products of politics, political institutions, and social forces; economic factors play a cameo role in the standard historical accounts. He argues that economic developments were as significant as political and social factors in the enactment and development of the taxes. The corporations created the wealth that became the targets of the corporate and individual taxes. Here, he investigates two particular economic factors. First, he explores the broad, long-term, …
Gifts And The Income Tax—An Enduring Puzzle, Richard Schmalbeck
Gifts And The Income Tax—An Enduring Puzzle, Richard Schmalbeck
Law and Contemporary Problems
Schmalbeck explains that there are four policy options for the combined income tax treatment of a donor-donee pair, and that the best choice among the options is not self-evident. He notes that the current income tax treatment of noncharitable gifts originated with the 1913 income tax. The historical record provides no clues as to why Congress opted for that approach in 1913. As frustrating as this may be, it is an example of an important phenomenon in the development of the income tax. A number of crucial structural decisions made in the early days of the income tax, which continue …
The Fiscal Revolution And Taxation: The Rise Of Compensatory Taxation, 1929-1938, Joseph J. Thorndike
The Fiscal Revolution And Taxation: The Rise Of Compensatory Taxation, 1929-1938, Joseph J. Thorndike
Law and Contemporary Problems
Thorndike explores the Keynesian conversion of Treasury Department tax-policy experts during the 1930s. At the beginning of the Great Depression, he narrates that there was no political interest in using tax cuts to promote economic recovery. In fact, in 1932 Congress responded to the economic emergency by enacting a tax increase in the name of fiscal responsibility. By 1937, however, Treasury experts had become persuaded of the merits of countercyclical taxation. Ironically, the first legislative experiment in Keynesian taxation took the form of a tax increase--the short-lived 1937 tax on undistributed corporate profits, intended to stimulate the economy by discouraging …
The Rise And Fall Of Post—World War Ii Corporate Tax Reform, Steven A. Bank
The Rise And Fall Of Post—World War Ii Corporate Tax Reform, Steven A. Bank
Law and Contemporary Problems
The United States is unique in subjecting corporate income to two layers of tax. In what is called a "classical system," corporate income is taxed once at the entity level when earned and a second time at the individual level when distributed to shareholders in the form of a dividend. By contrast, in most other countries, corporate- and shareholder-level taxes are fully or partially integrated through some form of credit or deduction. America's double taxation of corporate income is a much-criticized but persistent feature of its current tax system despite numerous reform proposals over the last half-century or so. Here, …
Why The Eitc Doesn’T Make Work Pay, Anne L. Alstott
Why The Eitc Doesn’T Make Work Pay, Anne L. Alstott
Law and Contemporary Problems
Alstott offers an evaluation of the significance of the credit and, in a historical spirit, hark back to an earlier, critical perspective on the earned income tax credit (EITC)--a perspective rarely heard in recent years. She argues that these concerns remain apt, despite the expansion of the EITC and oft-repeated praise for its importance as an antipoverty program. Moreover, she highlights three features of U.S. law that constrain the effectiveness of the EITC in improving the wellbeing of low-income workers and their children: labor and employment laws that structure markets that produce low wages and harsh working conditions, laws that …
Between The Scylla And Charybdis Of Prosecution And Reconciliation: The Khmer Rouge Trials And The Promise Of International Criminal Justice, Neha Jain
Duke Journal of Comparative & International Law
No abstract provided.
Environmental Enforcement And The Limits Of Cooperative Federalism: Will Courts Allow Citizen Suits To Pick Up The Slack, Will Reisinger, Trent A. Dougherty, Nolan Moser
Environmental Enforcement And The Limits Of Cooperative Federalism: Will Courts Allow Citizen Suits To Pick Up The Slack, Will Reisinger, Trent A. Dougherty, Nolan Moser
Duke Environmental Law & Policy Forum
No abstract provided.
State Fish Stocking Programs At Risk: Takings Under The Endangered Species Act, Amy L. Stein
State Fish Stocking Programs At Risk: Takings Under The Endangered Species Act, Amy L. Stein
Duke Environmental Law & Policy Forum
No abstract provided.
A Green Solution To Climate Change: The Hybrid Approach To Crediting Reductions In Tropical Deforestation, Randall S. Abate, Todd A. Wright
A Green Solution To Climate Change: The Hybrid Approach To Crediting Reductions In Tropical Deforestation, Randall S. Abate, Todd A. Wright
Duke Environmental Law & Policy Forum
No abstract provided.
Being All It Can Be: A Solution To Improve The Department Of Defense’S Overseas Environmental Policy, Margot Laporte
Being All It Can Be: A Solution To Improve The Department Of Defense’S Overseas Environmental Policy, Margot Laporte
Duke Environmental Law & Policy Forum
No abstract provided.
A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner
A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner
Duke Environmental Law & Policy Forum
No abstract provided.
Sidelined: Title Ix Retaliation Cases And Women’S Leadership In College Athletics, Erin E. Buzuvis
Sidelined: Title Ix Retaliation Cases And Women’S Leadership In College Athletics, Erin E. Buzuvis
Duke Journal of Gender Law & Policy
No abstract provided.
Love And The Law, Children Against Mothers And Fathers: Or, What’S Love Got To Do With It?, Benjamin Shmueli
Love And The Law, Children Against Mothers And Fathers: Or, What’S Love Got To Do With It?, Benjamin Shmueli
Duke Journal of Gender Law & Policy
No abstract provided.
The Supreme Court And Gender-Neutral Language: Setting The Standard Or Lagging Behind?, Leslie M. Rose
The Supreme Court And Gender-Neutral Language: Setting The Standard Or Lagging Behind?, Leslie M. Rose
Duke Journal of Gender Law & Policy
No abstract provided.