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Articles 1 - 30 of 32
Full-Text Articles in Law
Reproducing Empire In Same Sex Relationship Recognition And Immigration Law Reform, Nan Seuffert
Reproducing Empire In Same Sex Relationship Recognition And Immigration Law Reform, Nan Seuffert
Professor Nan Seuffert
No abstract provided.
Revolution, National Identity And Law Reform: From Derivatives To Demonstrations, Nan Seuffert
Revolution, National Identity And Law Reform: From Derivatives To Demonstrations, Nan Seuffert
Professor Nan Seuffert
No abstract provided.
Counterpoint: Reply To Orrenius And Zavodny, Vernon Briggs
Counterpoint: Reply To Orrenius And Zavodny, Vernon Briggs
Vernon M Briggs Jr
[Excerpt] On the fundamental conclusions, the positions argued by Pia Orrenius and Madeline Zavodny and my own are in essential agreement. The immigration policy of the United States is in dire need of changes. The public concern is, in their words, “driven by the increase in immigration in recent years, particularly of unauthorized immigration.” Our mutual worries pertain to the disproportionately adverse impacts of the immigrant inflow on the nation’s low-skilled work force and the high fiscal burden borne by local communities and states with growing immigrant populations. The differences between the two papers center on the approaches taken to …
The Elusive Goal: The Quest For A Credible Immigration Policy, Vernon Briggs
The Elusive Goal: The Quest For A Credible Immigration Policy, Vernon Briggs
Vernon M Briggs Jr
[Excerpt] The starting point for all immigration reform efforts must be making the immigration system enforceable. Nothing else makes sense. Otherwise, immigration policy is on a squirrel wheel going nowhere. Illegal immigrants will keep coming in defiance of its terms.
Luncheon Speaker, Edwin Meese Iii
The Appeals Process, Thomas M. Reavley, Thomas E. Baker, William M. Richman
The Appeals Process, Thomas M. Reavley, Thomas E. Baker, William M. Richman
Pepperdine Law Review
No abstract provided.
Rank-And-File Participation In Organizing At Home And Abroad, Lowell Turner
Rank-And-File Participation In Organizing At Home And Abroad, Lowell Turner
Lowell Turner
[Excerpt] We know that we need labor law reform. But it is also clear that this is not all we need; nor can we expect to achieve legal reform simply by electing Democrats. That strategy did not work in 1978-79 or in 1993-94, and it will not work in the future. In the face of inevitably powerful and well-organized business opposition, even the most well-financed and articulate lobbying campaign for labor law reform can fail. What was missing in 1978-79 and in 1993-94 and is urgently needed now is the pressure of a massive social movement, mobilized to transform and …
Dynamic Resolution Of Large Financial Institutions, Thomas H. Jackson, David A. Skeel Jr.
Dynamic Resolution Of Large Financial Institutions, Thomas H. Jackson, David A. Skeel Jr.
All Faculty Scholarship
One of the more important issues emerging out of the 2008 financial crisis concerns the proper resolution of a systemically important financial institution. In response to this, Title II of Dodd-Frank created the Orderly Liquidation Authority, or OLA, which is designed to create a resolution framework for systemically important financial institutions that is based on the resolution authority that the FDIC has held over commercial bank failures. In this article, we consider the various alternatives for resolving systemically important institutions. Among these alternatives, we discuss OLA, a European-style bail-in process, and coerced mergers, while also extensively focusing on the bankruptcy …
Reforming Lawyers Into Irrelevance?: Reconciling Crisis And Constraint At The Office Of Legal Counsel , Peter Margulies
Reforming Lawyers Into Irrelevance?: Reconciling Crisis And Constraint At The Office Of Legal Counsel , Peter Margulies
Pepperdine Law Review
A Predator drone attack in Pakistan and the "enhanced interrogation techniques" that the Bush administration used on suspected terrorists have at least one thing in common: legal advice. While advice given the Obama administration on drones has received only a partial airing, disclosure that lawyers in the Justice Department’s Office of Legal Counsel (OLC) authorized coercive interrogation after 9/11 has ignited a wide-ranging debate on reform and accountability. However, the volume of calls for reform has exceeded consideration of the competing values at stake. Some reformers stress the need to combat a climate of impunity with formal sanctions such as …
The Disappearing Provision: Medical Liability Reform Vanishes From The Patient Protection And Affordable Care Act Despite State Court Split, Rafael Andre Roberti
The Disappearing Provision: Medical Liability Reform Vanishes From The Patient Protection And Affordable Care Act Despite State Court Split, Rafael Andre Roberti
Legislation and Policy Brief
The legal and medical communities have debated the impact and necessity of medical liability reform for over twenty years. At the heart of the debate is the question of how to strike a balance between compensating patients and their families for the thousands of deaths and injuries resulting from medical errors that occur annually, and encouraging physicians to continue to care for patients across America. While several states have passed medical liability reform laws previously, on March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (ACA)—colloquially known as the “health care bill”—that contains provisions on medical …
The Future Of Limitless Debate: The Filibuster In The 113th Congress, Mark Kogan
The Future Of Limitless Debate: The Filibuster In The 113th Congress, Mark Kogan
Legislation and Policy Brief
Human cloning, the caning of teen vandals, and the belief that aliens descend from space to abduct humans and livestock all hold something in common: they are more popular than Congress. With the 112th Congress bottoming out at a record-low 9% approval rating, it is clear that Americans are deeply unsatisfied with the gridlock gripping Washington. While it is popular, and even easy, to lambaste Republicans for blanket obstructionism and to condemn Democrats for failure to stand up to minority bullying, collective blame shifting will not breach the dam of a hyper-partisan Congress. Instead, individuals hoping to get Congress moving …
New York At A Crossroads: Sustaining A Government Reform Agenda On The Frontlines With Executive, Legislative And Judicial Reform Initiatives (Introduction To Symposium: Refinement Or Reinvention: The State Of Reform In New York), Patricia Salkin
Patricia E. Salkin
No abstract provided.
Tax Reform Discourse, Anthony C. Infanti
Tax Reform Discourse, Anthony C. Infanti
Anthony C. Infanti
Our tax system is supposed to serve the public good by fairly raising the revenue that we need to fund public expenditures — for example, the common defense, social safety net programs such as Social Security and Medicare, etc. But the tax reform debate has shifted away from discussing how best to distribute the burden of these common expenditures and instead has come to focus on how tax reform can be used to spur economic growth. Especially in times of economic crisis, these two goals — equitably funding public expenditures and spurring economic growth — sound equally important and somehow …
Regulation, Renegotiation, And Reform: Improving Transnational Public-Private Partnerships In The Wake Of The Gulf Oil Spill, John J. Mckinlay
Regulation, Renegotiation, And Reform: Improving Transnational Public-Private Partnerships In The Wake Of The Gulf Oil Spill, John J. Mckinlay
Indiana Law Journal
No abstract provided.
The Four Into One Platform: New Reform Initiatives Compound China's Dissected Public Procurement Governance, Daniel J. Mitterhoff
The Four Into One Platform: New Reform Initiatives Compound China's Dissected Public Procurement Governance, Daniel J. Mitterhoff
Faculty Scholarship
For over ten years now, supervision and implementation of public purchasing activities in China has largely been divided among government agencies that jealously guard their share of their regulatory pie and covet the regulatory province of other agencies. Yet vested interests are now on the defensive, as a reform process seeks to collapse the segregated regulatory regimes into a more centralized governance structure. The idea is to combine construction tendering and bidding, government procurement, public land-use auctions and public asset exchanges under one management structure called the “Public Resources Exchange Center.” Hence, some refer to the reforms as the “four …
The Ncass The Student-Athlete: Reform Is On The Horizon, Mary Grace Miller
The Ncass The Student-Athlete: Reform Is On The Horizon, Mary Grace Miller
University of Richmond Law Review
No abstract provided.
The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith Rizzardi
The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith Rizzardi
Keith Rizzardi
Lawyers have an ethical duty to advise their clients on moral, economic, social and political matters. When applied to the changing field of environmental law, this abstract notion becomes provocative. Lawyers should advise their environmental advocacy clients of the possibility that their efforts to apply statutes or rules might initially succeed, but subsequent legislative reactions might defund, reform or repeal the laws the client’s case relied upon. As a client’s sophistication decreases, or as the risk of adverse reactions to the client’s environmental advocacy increases, the lawyer’s duty to advise the client of these risks can shift from discretionary to …
Immigration Policy And Low Wage Workers: The Influence Of American Unionism, Vernon Briggs
Immigration Policy And Low Wage Workers: The Influence Of American Unionism, Vernon Briggs
Vernon M Briggs Jr
Public testimony by Prof. Briggs given at the Hearing before the Subcommittee on Immigration, Border Security, and Claims of the Committee on the Judiciary, House of Representatives, October 30, 2003.
Immigration Policy And Low Wage Workers: The Influence Of American Unionism, Vernon Briggs
Immigration Policy And Low Wage Workers: The Influence Of American Unionism, Vernon Briggs
Vernon M Briggs Jr
Public testimony by Prof. Briggs given at the Hearing before the Subcommittee on Immigration, Border Security, and Claims of the Committee on the Judiciary, House of Representatives, October 30, 2003.
The Clinton-Obama Approach To Medical Malpractice Reform: Reviving The Most Meaningful Features Of Alternative Dispute Resolution, Grant Wood Geckeler
The Clinton-Obama Approach To Medical Malpractice Reform: Reviving The Most Meaningful Features Of Alternative Dispute Resolution, Grant Wood Geckeler
Pepperdine Dispute Resolution Law Journal
An introduction to medical malpractice reform would be incomplete without mentioning the Institute of Medicine's (IOM) 1999 report, To Err is Human: Building a Safer Health System, which lists medical errors as the eighth leading cause of death in the United States. While much attention premiums, the media's recent interest in the application of alternative dispute resolution (ADR) tactics in medical malpractice cases has increased. The quest for a one-size-fits-all fix to rising health care costs has turned to ADR for guidance in the past, with hopes that binding arbitration and voluntary mediation would resolve the crisis. Recently, the …
The Development Of The New Chinese Banking System: Domestic Modernization Or Global Financial Manipulation?, Shruti Rana
The Development Of The New Chinese Banking System: Domestic Modernization Or Global Financial Manipulation?, Shruti Rana
Shruti Rana
Over the last two decades the Chinese government has conducted an unprecedented and rapid transformation of its banking system. These changes are especially noteworthy because they are emerging against a backdrop of great global, as well as internal, financial turmoil. Moreover, the Chinese banking transformation is picking up steam at the very time China is increasingly flexing its political muscle on the global stage. These remarks argue that the current internal transformation of the Chinese banking system is inextricably intertwined with China’s rise in the global financial arena. They further argue that China’s unique banking structure and recent experiences can …
Do We Have 18th Century Courts For The 21st Century, Michael Buenger
Do We Have 18th Century Courts For The 21st Century, Michael Buenger
Michael Buenger
State courts continue to face both funding and political challenges. In light of these challenges state court leaders, the bar and legal educators should undertake a serious rethinking of our state courts along three thematic lines: (1) systemic reorganization to reduce fragmentation, simplify access, and provide greater flexibility and specialization in the use of resources; (2) diversification of dispute resolution processes so that cases move in different directions with a range of resolution options pegged to the issues presented; and (3) rationalization of governance, leadership, and accountability systems to enhance effective organizational management of complex institutions.
Tax Reform DisCourse, Anthony C. Infanti
Tax Reform DisCourse, Anthony C. Infanti
Articles
Our tax system is supposed to serve the public good by fairly raising the revenue that we need to fund public expenditures — for example, the common defense, social safety net programs such as Social Security and Medicare, etc. But the tax reform debate has shifted away from discussing how best to distribute the burden of these common expenditures and instead has come to focus on how tax reform can be used to spur economic growth. Especially in times of economic crisis, these two goals — equitably funding public expenditures and spurring economic growth — sound equally important and somehow …
Changing The Narrative Of Child Welfare, Matthew I. Fraidin
Changing The Narrative Of Child Welfare, Matthew I. Fraidin
Journal Articles
No abstract provided.
Democracy And Criminal Discovery Reform After Connick And Garcetti, Janet Moore
Democracy And Criminal Discovery Reform After Connick And Garcetti, Janet Moore
Faculty Articles and Other Publications
A leading cause of wrongful conviction and wasteful litigation in criminal cases is the nondisclosure of information beneficial to the defense by prosecutors and law enforcement as required by Brady v. Maryland. In Connick v. Thompson and Garcetti v. Ceballos, the Supreme Court weakened Brady’s enforceability by limiting the deterrent force of 42 U.S.C § 1983 liability. Connick highlights Garcetti’s implications as a criminal discovery case, which scholars have not fully analyzed. While Connick restricted § 1983 liability when prosecutors confess to suppressing exculpatory evidence, Garcetti restricted liability when prosecutors are disciplined for bringing Brady evidence to light. …
Limited Leverage: Federal Remedies And Policing Reform, Rachel Harmon
Limited Leverage: Federal Remedies And Policing Reform, Rachel Harmon
Saint Louis University Public Law Review
No abstract provided.
Time To Sever The Dead Hand: Fisk University And The Cost Of The Cy Pres Doctrine, Melanie B. Leslie
Time To Sever The Dead Hand: Fisk University And The Cost Of The Cy Pres Doctrine, Melanie B. Leslie
Articles
No abstract provided.
Rule Of Law In Morocco: A Journey Towards A Better Judiciary Through The Implementation Of The 2011 Constitutional Reforms, Norman L. Greene
Rule Of Law In Morocco: A Journey Towards A Better Judiciary Through The Implementation Of The 2011 Constitutional Reforms, Norman L. Greene
ILSA Journal of International & Comparative Law
Judicial reform has historically been an important (but not the sole) component of rule of law reform, a decades old movement affecting the developing world, emerging (or not so emerging) democracies and post- conflict nations, and equally applicable to countries commonly identified as Western, including the United States.
Independent Clinical Trials To Test Drugs: The Neglected Reform, Marc A. Rodwin
Independent Clinical Trials To Test Drugs: The Neglected Reform, Marc A. Rodwin
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Juvenile Justice Reform: Now Is The Moment, Judith S. Kaye
Juvenile Justice Reform: Now Is The Moment, Judith S. Kaye
NYLS Law Review
No abstract provided.