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2014

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Articles 10471 - 10500 of 12633

Full-Text Articles in Law

Undocumented Workers, The National Labor Relations Act, And The Immigration Reform And Control Act: Irreconcilable Differences Or A Match Made In Legal Heaven?, James Meehan Jan 2014

Undocumented Workers, The National Labor Relations Act, And The Immigration Reform And Control Act: Irreconcilable Differences Or A Match Made In Legal Heaven?, James Meehan

Hofstra Law Review

No abstract provided.


Front Matter Jan 2014

Front Matter

Hofstra Law Review

No abstract provided.


Confronting Chaos: The Fiscal Constitution Faces Federal Shutdowns And (Almost) Debt Defaults, Charles Tiefer Jan 2014

Confronting Chaos: The Fiscal Constitution Faces Federal Shutdowns And (Almost) Debt Defaults, Charles Tiefer

Hofstra Law Review

No abstract provided.


Environment, Energy, And Resources Law, Amanda Leiter Jan 2014

Environment, Energy, And Resources Law, Amanda Leiter

Contributions to Books

This chapter from The Year in Review, published by the ABA Section on Environment, Energy and Resources, covers developments during 2013 in the areas of standing, Commerce Clause, political question doctrine, preemption, takings, due process, First Amendment, Tenth Amendment, and state constitutional law.


Channeling And Contending With Bill Kovacic, Jonathan Baker Jan 2014

Channeling And Contending With Bill Kovacic, Jonathan Baker

Contributions to Books

This essay was written for a festschrift in honor of Professor William E. Kovacic. It discusses Prof. Kovacic’s work on the design of antitrust enforcement institutions, the interplay between the Chicago and Harvard schools in the transformation of antitrust that took place a generation ago, and the extent to which antitrust norms exhibit continuity over time. It will published in "William E. Kovacic - Liber Amicorum: An Antitrust Tribute - Vol. II," which is scheduled to be released in February 2014 by the Institute of Competition Law.


A Dedication To Andrew E. Taslitz: “It’S All About The Egyptians,” And Maybe Tinkerbell Too, Stephen Henderson Jan 2014

A Dedication To Andrew E. Taslitz: “It’S All About The Egyptians,” And Maybe Tinkerbell Too, Stephen Henderson

Other Faculty Publications

This brief memorial remembers Andy's incredible friendship and service, and explains why this Symposium volume is so appropriately dedicated to his memory.


Symposium Introduction, M. Alexander Pearl Jan 2014

Symposium Introduction, M. Alexander Pearl

Other Faculty Publications

No abstract provided.


Decorating The Structure: The Art Of Making Human Law, Brian Mccall Jan 2014

Decorating The Structure: The Art Of Making Human Law, Brian Mccall

Faculty Articles

This article continues to develop the theme of law as architecture begun in two published articles, The Architecture of Law: Building Law on a Solid Foundation, the Eternal and Natural Law and Consulting the Architect when Problems Arise: The Divine Law. Having considered the foundation and framework of human law, this article turns to the decoration of the structure through the craft of human law making. It examines the process whereby the natural law is determined in particular political communities. Human law is the craft of particularizing the general principles of natural law in a community’s laws. It relies on …


How To Be An Authentic Indian, M. Alexander Pearl Jan 2014

How To Be An Authentic Indian, M. Alexander Pearl

Faculty Articles

The mascot and team name of the Washington, D.C. professional football team is making headlines. What do Authentic Indians really think about it? This essay clears the air by replacing the liberal media talking points with an actual viewpoint from Indian Country. This perspective gives an inside view into the significant efforts to maintain longstanding traits of “Indian-ness” against an onslaught of political correctness gone mad.


The (Un)Enforcement Of Corporate Officers' Duties, Megan Wischmeier Shaner Jan 2014

The (Un)Enforcement Of Corporate Officers' Duties, Megan Wischmeier Shaner

Faculty Articles

No abstract provided.


Marriage Equality And One Original Principle Of Religious Liberty, Harry F. Tepker Jan 2014

Marriage Equality And One Original Principle Of Religious Liberty, Harry F. Tepker

Faculty Articles

No abstract provided.


Nonprofits, Speech, And Unconstitutional Conditions, Lloyd Hitoshi Mayer Jan 2014

Nonprofits, Speech, And Unconstitutional Conditions, Lloyd Hitoshi Mayer

Journal Articles

This Article proposes a new constitutional framework for approaching the issue of speech-related conditions on government funding received by nonprofits and demonstrates the application of this framework by applying it to the disputes that have reached the Supreme Court in this area. It argues that speech rights are generally inalienable as against the government under the First Amendment, and therefore any abridgement of such rights by the government – whether direct or indirect – is subject to strict scrutiny. As a result, the government is not permitted to buy an organization’s speech (or silence) absent a compelling governmental interest in …


Trans-Personal Procedures, Roger Michalski Jan 2014

Trans-Personal Procedures, Roger Michalski

Faculty Articles

Recent court decisions have reignited a national debate about corporate personhood. This debate recognizes that the legal status of artificial persons is of great importance to the fabric of society, law, and politics. Questions about the status of artificial persons are typically raised in the context of substantive law, where corporate personhood has triggered strong reactions and important scholarship. But there is another, completely neglected side to this debate. The status of artificial entities is not solely negotiated in the context of substantive law. Procedure, similarly, must also choose whether to treat natural and artificial entities alike or not. This …


Four Years After Duke: Where Do We Stand On Calibrating The Pretrial Process?, Steven S. Gensler, Lee Rosenthal Jan 2014

Four Years After Duke: Where Do We Stand On Calibrating The Pretrial Process?, Steven S. Gensler, Lee Rosenthal

Faculty Articles

No abstract provided.


Tax Recognition, Barry Cushman Jan 2014

Tax Recognition, Barry Cushman

Journal Articles

This article was prepared for the St. Louis University Law Journal’s “Teaching Trusts & Estates” issue. Many law students take a course in Trusts & Estates, but comparatively few enroll in a class devoted to the federal wealth transfer taxes. For most law students, the Trusts & Estates course provides the only opportunity for exposure to some of the basic features of the estate tax, the gift tax, the generation-skipping transfer tax, and some related features of the income tax. The coverage demands of the typical Trusts & Estates course do not allow for intensive discussion of these issues, but …


Interpreting Secretary Perkins, Barry Cushman Jan 2014

Interpreting Secretary Perkins, Barry Cushman

Journal Articles

This essay is my contribution to an exchange with Professor Daniel R. Ernst of Georgetown University Law Center concerning the timing of a visit by Chief Justice Hughes and his wife to the Pennsylvania summer home of Justice Owen Roberts. In the 1950s, former Secretary of Labor Frances Perkins recounted in the oral history interview she gave to Columbia University that Mrs. Roberts had reported to her that Hughes and Roberts had held extended, private conversations during that visit. It has been argued by some scholars that the visit took place during the summer of 1936, shortly after the Court …


A Busted Flush: Regulation Of Online Gambling In The European Union, Katherine A. Lovejoy Jan 2014

A Busted Flush: Regulation Of Online Gambling In The European Union, Katherine A. Lovejoy

Fordham International Law Journal

No abstract provided.


Lessening The Economic Impact Of Incarceration: Privatize, Reinvest, Or Realign In Mississippi?, James Foster Jan 2014

Lessening The Economic Impact Of Incarceration: Privatize, Reinvest, Or Realign In Mississippi?, James Foster

Honors Theses

The purpose of this thesis is to examine how private prisons, justice reinvestment, and public safety realignment are currently being implemented in the United States to lessen the economic impact of incarceration and determine which, if any, would work best in Mississippi. Several methods were used in this study, including a comparison of operational costs between state and private prisons, regression analysis to test the effect of Drug Courts on drug-related admissions, and an investigation on capacity levels in county, state, and private prisons. The conclusions drawn from this study demonstrate the pros and cons of private prisons currently operating …


New York Times V. Sullivan At 50: Despite Criticism, The Actual Malice Standard Still Provides Breathing Space For Communications In The Public Interest, John Lewis, Bruce Ottley Jan 2014

New York Times V. Sullivan At 50: Despite Criticism, The Actual Malice Standard Still Provides Breathing Space For Communications In The Public Interest, John Lewis, Bruce Ottley

College of Law Faculty

No abstract provided.


Egypt In Transition, M. Bassiouni Jan 2014

Egypt In Transition, M. Bassiouni

College of Law Faculty

No abstract provided.


More Than Ip: Trademark Among The Consumer Information Laws, Michael Grynberg Jan 2014

More Than Ip: Trademark Among The Consumer Information Laws, Michael Grynberg

College of Law Faculty

We generally think about trademark law as a branch of intellectual property law. Because trademark law regulates marketplace information, however, its closer peers may be other consumer information regimes — e.g., false advertising law and FTC regulations — instead of incentive-based IP laws like copyright and patent. This article considers some implications of this observation.In many cases optimal trademark policy depends on ascertaining the state of play in another consumer information doctrine. That may be less simple than it sounds. Trying to determine how another body of law treats a parallel issue presupposes that we know where to look. We …


In Defense Of Idea Due Process, Mark Weber Jan 2014

In Defense Of Idea Due Process, Mark Weber

College of Law Faculty

Due Process hearing rights under the Individuals with Disabilities Education Act are under attack. A major professional group and several academic commentators charge that the hearings system advantages middle class parents, that it is expensive, that it is futile, and that it is unmanageable. Some critics would abandon individual rights to a hearing and review in favor of bureaucratic enforcement or administrative mechanisms that do not include the right to an individual hearing before a neutral decision maker. This Article defends the right to a due process hearing. It contends that some criticisms of hearing rights are simply erroneous, and …


The Contraception Mandate And The Forgotten Constitutional Question, Zoe Robinson Jan 2014

The Contraception Mandate And The Forgotten Constitutional Question, Zoe Robinson

College of Law Faculty

Litigation over the Contraception Mandate — which requires all employer insurance plans to include coverage for contraceptives — is quickly becoming one of the largest religious liberty challenges in American history. The most powerful claim raised by some of the litigants is that their status as “religious institutions” exempt them from compliance with the Mandate. But what is a religious institution, and who gets to become one — and why? Should the University of Notre Dame be treated the same as the Archdiocese of the District of Columbia? Should lobbying group Priests for Life be lumped together with Hobby Lobby, …


Labor: Cost Of A Commodity Or Commitment To A Covenant, Craig Mousin Jan 2014

Labor: Cost Of A Commodity Or Commitment To A Covenant, Craig Mousin

Mission and Ministry Publications

No abstract provided.


Polarizing Precarious Perplexing, Craig Mousin Jan 2014

Polarizing Precarious Perplexing, Craig Mousin

Mission and Ministry Publications

No abstract provided.


Mercy In Immigration Law, Allison Tirres Jan 2014

Mercy In Immigration Law, Allison Tirres

College of Law Faculty

What role should mercy play in immigration law? This essay draws on the robust debate in the criminal law about the role of mercy in the hopes of starting a conversation among immigration law scholars and practitioners. Mercy skeptics argue that mercy contravenes justice, while advocates argue that mercy is a necessary countermeasure to the unrelenting harshness of criminal law today. I argue that the problems of mercy in the criminal law are amplified in the immigration law context. The lack of procedural and substantive protections for immigrants, the acceptance of unfettered discretion and lack of oversight of agency action, …


Front Matter Jan 2014

Front Matter

Michigan Law Review

No abstract provided.


Hiv, Violence Against Women, And Criminal Law Interventions, Aziza Ahmed Jan 2014

Hiv, Violence Against Women, And Criminal Law Interventions, Aziza Ahmed

Faculty Scholarship

The growing calls for the “securitization of body and property,”[ii] documented by Jonathan Simon in his book Governing Through Crime, illustrates a deep tension in our understanding of the role of criminal law as a tool for societal transformation.[iii] For some, including communities of color, the criminal legal system is a place where inequality flourishes;[iv] for others, including those feminists who have support criminal law interventions, it has become a tool to realize equality.[v] The Trafficking Victims Protection Act, reauthorized in 2013 as an amendment to the Violence Against Women Act (VAWA),[vi] relies heavily on the criminal law to obtain …


The Creation Of The Department Of Justice: Professionalization Without Civil Rights Or Civil Service, Jed Handelsman Shugerman Jan 2014

The Creation Of The Department Of Justice: Professionalization Without Civil Rights Or Civil Service, Jed Handelsman Shugerman

Faculty Scholarship

This Article offers a new interpretation of the founding of the Department of Justice (DOJ) in 1870 as an effort to shrink and professionalize the federal government. The traditional view is that Congress created the DOJ to increase the federal government's capacity to litigate a growing docket due to the Civil War. More recent scholarship contends that Congress created the DOJ to enforce Reconstruction and ex-slaves' civil rights. However, it has been overlooked that the DOJ Act eliminated about one-third of federal legal staff. The founding of the DOJ had less to do with Reconstruction, and more to do with …


Legal Instrumentalism And The Lsa: A 'Movie Treatment', Toby S. Goldbach Jan 2014

Legal Instrumentalism And The Lsa: A 'Movie Treatment', Toby S. Goldbach

All Faculty Publications

In the 2nd half century, LSA should entertain the death/rebirth of “law as a tool for social change.” We innovate by examining the artifacts of an instrumental genre of knowledge and by investigating our impulse to invent varieties of normative technologies.