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Articles 811 - 840 of 12810
Full-Text Articles in Law
Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi
Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi
Seattle Journal for Social Justice
No abstract provided.
Selecting The Very Best: The Selection Of High-Level Judges In The United States, Europe And Asia, Christa J. Laser, Tefft Smith, Michael Fragoso, Christopher Jackson, Gregory Wannier
Selecting The Very Best: The Selection Of High-Level Judges In The United States, Europe And Asia, Christa J. Laser, Tefft Smith, Michael Fragoso, Christopher Jackson, Gregory Wannier
Law Faculty Articles and Essays
This paper has been prepared by Kirkland & Ellis LLP for the Due Process of Law Foundation (“DPLF”), an organization dedicated to promoting and strengthening the rule of law and the respect for human rights in the Americas. The goal is to provide further stimulus to the enhancement of due process and the rule of law in Latin America by encouraging the transparent, merit-based selection and appointment of competent, independent, and impartial judges. An independent and impartial judiciary is an essential precondition to the effective operation of the rule of law, with due process for all. This, in turn, is …
The Early Bird Waits For The Worm: May Federal Judgments Be Registered Prior To Appeal?, Cristina M. Rincon
The Early Bird Waits For The Worm: May Federal Judgments Be Registered Prior To Appeal?, Cristina M. Rincon
Fordham Law Review
The federal registration statute, codified at 28 U.S.C. § 1963, permits a judgment creditor to register his or her judgment in another state by simply filing a copy of the judgment with the clerk of the registering court. Registration is permitted when the judgment becomes final by appeal, when the time to appeal expires, or when the court that entered the judgment orders registration for good cause shown. The majority of courts have interpreted good cause as a showing that the judgment debtor lacks assets in the forum jurisdiction to fulfill the judgment, but possesses substantial assets in the registering …
Financial Innovation And Flexible Regulation: Destabilizing The Regulatory State, Cristie Ford
Financial Innovation And Flexible Regulation: Destabilizing The Regulatory State, Cristie Ford
North Carolina Banking Institute
No abstract provided.
Political Accountability, Campaign Finance, And Regulatory Reform, Michael Waldman
Political Accountability, Campaign Finance, And Regulatory Reform, Michael Waldman
North Carolina Banking Institute
No abstract provided.
Foreword, Sarah A. Core, Lissa L. Broome
Foreword, Sarah A. Core, Lissa L. Broome
North Carolina Banking Institute
No abstract provided.
Explaining And Curbing Capture, Rachel E. Barkow
Explaining And Curbing Capture, Rachel E. Barkow
North Carolina Banking Institute
No abstract provided.
Regulatory Capture: Why It Occurs, How To Minimize It, Gerard Jr. Caprio
Regulatory Capture: Why It Occurs, How To Minimize It, Gerard Jr. Caprio
North Carolina Banking Institute
No abstract provided.
A Debate Framed By Fallacies, Robert Jenkins
A Debate Framed By Fallacies, Robert Jenkins
North Carolina Banking Institute
No abstract provided.
Keynote Address: The Continuing Problem Of Too Big To Fail, Simon Johnson
Keynote Address: The Continuing Problem Of Too Big To Fail, Simon Johnson
North Carolina Banking Institute
No abstract provided.
The Sec Can No Longer Regulate From Behind, Stanley Sporkin
The Sec Can No Longer Regulate From Behind, Stanley Sporkin
North Carolina Banking Institute
No abstract provided.
Headwinds Confronting The Sec, James D. Cox
Headwinds Confronting The Sec, James D. Cox
North Carolina Banking Institute
No abstract provided.
Regulatory Reform In The U.K., Michael W. Taylor
Regulatory Reform In The U.K., Michael W. Taylor
North Carolina Banking Institute
No abstract provided.
The Right Way To Regulate From Behind, Frank Partnoy
The Right Way To Regulate From Behind, Frank Partnoy
North Carolina Banking Institute
No abstract provided.
Corporate Law Constraints On Political Spending, James Kwak
Corporate Law Constraints On Political Spending, James Kwak
North Carolina Banking Institute
No abstract provided.
Patent Cases And Public Controversies, Amelia Smith Rinehart
Patent Cases And Public Controversies, Amelia Smith Rinehart
Notre Dame Law Review
The Article proceeds as follows. Part I summarizes the evolution of the current standard for justiciability in declaratory patent cases, including the Supreme Court’s MedImmune opinion and its progeny in the Federal Circuit and the lower courts. Part II discusses the growing trend of public interest patent litigation and the hurdles declaratory plaintiffs face on justiciability grounds despite courts’ approval of patent challenges generally on policy grounds. Finally, Part III introduces a legislative reform that promises to afford justiciability for some members of the public without compromising Article III’s emphasis on private adjudication.
Miller V. Alabama: What It Is, What It May Be, And What It Is Not, Nancy Gertner
Miller V. Alabama: What It Is, What It May Be, And What It Is Not, Nancy Gertner
Missouri Law Review
In Miller v. Alabama, the Supreme Court of the United States, in a five to four opinion written by Justice Elena Kagan, held that mandatory life imprisonment without parole for defendants convicted of murder who were under age eighteen at the time of their crimes violated the Eighth Amendment to the United States Constitution. The decision raises a host of important questions that the University of Missouri School of Law’s recent symposium ably addressed. Is Miller a watershed opinion, prefiguring a new era of substantive Eighth Amendment jurisprudence that would apply to other imprisonment sentences across offender and offense categories? …
Other Missouri Model: Systemic Juvenile Injustice In The Show-Me State, The, Mae C. Quinn
Other Missouri Model: Systemic Juvenile Injustice In The Show-Me State, The, Mae C. Quinn
Missouri Law Review
Part II of this Article examines some of the most well-known claims about the Missouri Model of juvenile justice, clarifying that the positive press to date actually describes only one small component of the larger juvenile justice structure: Missouri’s system of residential correction for state-placed adjudicated youth. And while that system has much to admire and replicate, it also has room for improvement In Part III, this Article fills in what has been left out of most public and press stories about Missouri’s larger youth justice system. That is, despite mostly glowing media accounts, Missouri’s at-risk youth are poorly served …
Religious Observance And The Workplace: Considerations For Employees And Employers, Shira Megerman, Deborah Schander
Religious Observance And The Workplace: Considerations For Employees And Employers, Shira Megerman, Deborah Schander
Faculty Publications By Year
No abstract provided.
Reframing Commodity Pools In The Wake Of Dodd-Frank And The Volcker Rule, Jenny Liu
Reframing Commodity Pools In The Wake Of Dodd-Frank And The Volcker Rule, Jenny Liu
Cornell Law Review
No abstract provided.
Finding Federalism In Waiver Of Personal Jurisdiction: Federalism And Individual Rights In The Second Circuit, Joshua M. Wesneski
Finding Federalism In Waiver Of Personal Jurisdiction: Federalism And Individual Rights In The Second Circuit, Joshua M. Wesneski
Cornell Law Review
No abstract provided.
Private Environmental Governance, Michael P. Vandenbergh
Private Environmental Governance, Michael P. Vandenbergh
Cornell Law Review
No abstract provided.
Educating Main Street Lawyers, Luz E. Herrera
Educating Main Street Lawyers, Luz E. Herrera
Faculty Scholarship
Discussion about the value of a law degree has focused on the financial success of lawyers. Both defenders and critics of the existing legal education model largely ignore the implications that the cost of legal education and high lawyer fees have on access to justice. While a lawyer’s ability to make a decent living must be addressed when determining the value of a legal education, we fail to take into account the fact that there are millions of individuals in the U.S. who cannot find a lawyer to represent them when they need one. For advocates who believe that our …
Leveraging Paraguay’S Hydropower For Sustainable Economic Development, Perrine Toledano, Nicolas Maennling
Leveraging Paraguay’S Hydropower For Sustainable Economic Development, Perrine Toledano, Nicolas Maennling
Columbia Center on Sustainable Investment Staff Publications
While internationally Paraguay is known for being the largest hydropower exporter in the world, the domestic economy suffers from regular outages and high system losses. The country is largely dependent on agricultural production, which has led to volatile economic performances in the past resulting from climatic circumstances and commodity price fluctuations. To address these two key policy challenges, the Government of Paraguay has approached The Earth Institute to: 1) explore the potential of a climate risk management system and sustainable agriculture activities to mitigate environmental vulnerability and 2) develop a high-level strategic plan to use Paraguay’s vast hydropower resources for …
'Dred Scott V. Sandford' Analysis, Sarah E. Roessler
'Dred Scott V. Sandford' Analysis, Sarah E. Roessler
Student Publications
The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.
Symposium: Bombshell Or Babystep - The Ramifications Of Miller V. Alabama For Sentencing Law And Juvenile Crime Policy: Symposium Foreword, Paul J. Litton
Symposium: Bombshell Or Babystep - The Ramifications Of Miller V. Alabama For Sentencing Law And Juvenile Crime Policy: Symposium Foreword, Paul J. Litton
Missouri Law Review
Part II of this Foreword briefly addresses one open constitutional question in the wake of Miller: in light of its rationale, is juvenile LWOP – whether mandatory or the result of an individualized sentencing process – constitutionally permissible? I argue that the Miller opinion itself is incoherent insofar as it permits juvenile LWOP as a constitutionally viable sentence. Part III provides a short synopsis of the controversy among Justices regarding the proper methodology for Eighth Amendment proportionality analyses. Then, with particular attention to the authors’ different takes on Miller’s implications for methodology, Part III provides a guide to the symposium …
The Merchants Of Wall Street: Banking, Commerce, And Commodities, Saule T. Omarova
The Merchants Of Wall Street: Banking, Commerce, And Commodities, Saule T. Omarova
Cornell Law Faculty Publications
This Article explores the legal, regulatory, policy, and theoretical aspects of an ongoing transformation of large U.S. banking organizations into global merchants of physical commodities and energy. In the absence of detailed and reliable information, it is difficult to draw definitive conclusions as to the social efficiency and desirability of allowing this transformation to continue. What we can already ascertain about U.S. financial institutions' physical commodity assets and activities, however, raises potentially serious public policy concerns that must be addressed through a fully-informed public deliberation. Even if big U.S. FHCs were, in fact, to scale down their physical commodity operations …
Is New Governance The Ideal Architecture For Global Financial Regulation?, Annelise Riles
Is New Governance The Ideal Architecture For Global Financial Regulation?, Annelise Riles
Cornell Law Faculty Publications
A central challenge for international financial regulatory systems today is how to manage the impact of global systemically important financial institutions (G-SIFIs) on the global economy, given the interconnected and pluralistic nature of regulatory regimes. This paper focuses on the Financial Stability Board (FSB) and proposes a new research agenda for the FSB’s emerging regulatory forms. In particular, it examines the regulatory architecture of the New Governance (NG), a variety of approaches that are supposed to be more reflexive, collaborative, and experimental than traditional forms of governance. A preliminary conclusion is that NG tools may be effective in resolving some …