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Articles 12361 - 12390 of 14367
Full-Text Articles in Law
Proposed Legal Constraints On Private Student Lenders, Mary C. Nicoletta
Proposed Legal Constraints On Private Student Lenders, Mary C. Nicoletta
Vanderbilt Law Review
Many American high school graduates face a difficult choice: They can pursue higher education and the higher earnings it provides, but that means taking on debt that it may take them decades to pay back. Or they can forego a college degree and its attendant debt but be stuck earning lower wages for their entire lives. For many of these students, there is no viable third option. From an early age, many Americans have been told about the value of a college degree-without one, finding a job is difficult and lifetime income is severely depressed. Data relating educational attainment to …
Heuristics, Biases, And Consumer Litigation Funding At The Bargaining Table, Jean Xiao
Heuristics, Biases, And Consumer Litigation Funding At The Bargaining Table, Jean Xiao
Vanderbilt Law Review
Imagine three plaintiffs. The first incurred serious back injuries as a passenger in an automobile collision.' The second suffered permanent head injuries as a day laborer in a construction accident. The third experienced a debilitating asthma attack, caused by exposure to floor-cleaning chemicals at her workplace. You now have the chance to advance money to the plaintiff that you believe has the lawsuit with the highest expected value. If the selected plaintiff settles or wins at trial, then you receive the money you gave the plaintiff plus interest that approaches 200% a year. Here is the catch: if the plaintiff …
Using Taxes To Improve Cap And Trade, Part I: Distribution, David Gamage, Darien Shanske
Using Taxes To Improve Cap And Trade, Part I: Distribution, David Gamage, Darien Shanske
Articles by Maurer Faculty
In this article, the first of a series, we analyze the distributional issues involved in implementing U.S. state level cap-and-trade regimes. Specifically, we will argue that the structure of California’s AB 32 regime will unnecessarily disadvantage lower-income Californians under the announced plan to give away approximately half of the permits to businesses and pollution-emitting entities.
Comment Le Droit Des Gens Cessa D’Être Un Droit Politique: Le Droit International De John Marshall, Elisabeth Zoller
Comment Le Droit Des Gens Cessa D’Être Un Droit Politique: Le Droit International De John Marshall, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
Race, Federalism, And Voting Rights, Luis Fuentes-Rohwer, Guy-Uriel Charles
Race, Federalism, And Voting Rights, Luis Fuentes-Rohwer, Guy-Uriel Charles
Articles by Maurer Faculty
No abstract provided.
After The Hurricane: The Legacy Of The Rubin Carter Case, Judith L. Ritter
After The Hurricane: The Legacy Of The Rubin Carter Case, Judith L. Ritter
UC Law Journal of Race and Economic Justice
Rubin "Hurricane" Carter died in the spring of 2014 at the age of seventy-six. He was a top middleweight boxing contender in the early 1960s, twice convicted of a triple homicide, but then freed by a federal court in 1985 after he served nineteen years in prison. This Article recalls his life, the homicide trials, and the constitutional issues that led to his release. The Article makes the point that had Rubin Carter's federal habeas corpus petition been adjudicated under current law, he would have remained behind bars. Congress enacted the Antiterrorism and Effective Death Penalty Act in 1996. The …
Can Local Governments Provide Protection To Vulnerable Communities In California A State Which Has Legalized Predatory Payday Lending And Failed To Pass Reform, Krista R. Granen
Can Local Governments Provide Protection To Vulnerable Communities In California A State Which Has Legalized Predatory Payday Lending And Failed To Pass Reform, Krista R. Granen
UC Law Journal of Race and Economic Justice
The payday lending industry provides small dollar loans to persons across the United States. Although their product is marketed as temporary, the majority of borrowers cannot repay the underlying amount and exorbitant interest rates within the deceptively advertised time period. As a result, most borrowers remain indebted to payday lenders for approximately half of the year and must forgo basic necessities in order to extricate themselves from payday debt. This Note seeks to clarify the mechanics of payday lending, provide the surrounding historical and legal context, and explain the industry's especially negative impact on low-income and minority communities in California. …
Effectively Implementing Civilian Oversight Boards To Ensure Police Accountability And Strengthen Police-Community Relations, Kevin King
UC Law Journal of Race and Economic Justice
The recent killings of Michael Brown and Eric Garner have reignited the debate over curbing police misconduct. Due to United States Supreme Court jurisprudence and the quality of internal affairs investigations there continues to be a void in police oversight. Local governments are often reactive, instead of proactive, when implementing strategies for overseeing police misconduct. On several occasions civilian oversight boards have only formed in reaction to tragic death. When implemented effectively, civilian oversight boards can both help create just police practices and better the civilian complaint process. Unfortunately, some of these boards fail to develop into more than symbols …
Ferguson To Geneva: Using The Human Rights Framework To Push Forward A Vision For Racial Justice In The United States After Ferguson, Justin Hansford, Meena Jagannath
Ferguson To Geneva: Using The Human Rights Framework To Push Forward A Vision For Racial Justice In The United States After Ferguson, Justin Hansford, Meena Jagannath
UC Law Journal of Race and Economic Justice
As demonstrations under the banner of #BlackLivesMatter continue to erupt around the United States against state-sponsored violence, and as state, local, and federal officials continue to eschew fundamental social change, families and protesters have begun to explore alternative international forums in the search for justice. The Ferguson to Geneva delegation represents a significant event in this internationalist turn. The delegation, consisting of the parents of Mike Brown, Jr. and young Black leaders from Ferguson, chose to air their grievances before the United Nations Committee Against Torture in the fall of 2014. This article reproduces the delegation's "shadow report," which laid …
Talking Israel And Palestine On Campus: How The U.S. Department Of Education Can Uphold The Civil Rights Act And The First Amendment, Yaman Salahi, Nasrina Bargzie
Talking Israel And Palestine On Campus: How The U.S. Department Of Education Can Uphold The Civil Rights Act And The First Amendment, Yaman Salahi, Nasrina Bargzie
UC Law Journal of Race and Economic Justice
A rise in scholarly discussion and campus activism about Israel and Palestine has prompted a wave of civil rights complaints that raise important legal questions under the First Amendment and Title VI of the Civil Rights Act of 1964. This Article reviews the U.S. Department of Education's handling of such complaints focused on traditional forms of constitutionally-protected expression, like nonviolent protest, academic panels, film screenings, pamphlets, and flyers. The Article rejects the central premise of these complaints: that students suffer from a hostile educational environment in violation of their civil rights when a particular country or government with which they …
How Police Brutality Harms Mothers: Linking Police Violence To The Reproductive Justice Movement, Arneta Rogers
How Police Brutality Harms Mothers: Linking Police Violence To The Reproductive Justice Movement, Arneta Rogers
UC Law Journal of Race and Economic Justice
The recent and highly publicized killing of Michael Brown, an unarmed 18-year-old African American and the subsequent grand jury decision not to indict Darren Wilson, the Ferguson, Missouri police officer who killed him, evoked mass social protest, and highly emotional and politically charged social commentary on the racialized effects of police brutality. While the crisis of systemic police violence has historically centered on the harm inflicted on victims of police brutality and, more generally, on the communities where they are from, an agitated group of feminist scholars and reproductive justice advocates have offered a more nuanced appraisal of the harm …
Exonerated, But Not Free: The Prolonged Struggle For A Second Chance At A Stolen Life, Newton N. Knowles
Exonerated, But Not Free: The Prolonged Struggle For A Second Chance At A Stolen Life, Newton N. Knowles
UC Law Journal of Race and Economic Justice
It is impossible to imagine being accused of a crime you did not commit. Worse, it is even harder to imagine a jury sentencing you to death or to life in prison when you know you are innocent. Since the rise of DNA evidence, the criminal justice system has been stunned by the newly exposed cases of wrongful conviction. Sadly, in most cases innocent exonerees are released with nothing more than an apology, if even that. Postexoneration compensation varies drastically among the several states and reentry resources are even more scarce or unavailable. Each compensation scheme on its own, however, …
Equal Protection: Immigrants' Access To Healthcare And Welfare Benefits, Mel Cousins
Equal Protection: Immigrants' Access To Healthcare And Welfare Benefits, Mel Cousins
UC Law Journal of Race and Economic Justice
The introduction of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 has led to considerable litigation on the rights of immigrants to healthcare and welfare benefits. There is significant divergence between the approaches adopted by different courts (both federal and state). This divergence is based, in part, on the different statutory schemes involved, as well as different approaches to Equal Protection. However, none of the cases have reached the United States Supreme Court, so the "correct" approach remains unclear. Following the fiscal crisis of 2008, several states moved for increased exclusion of certain immigrants, residing in the country …
Supporting Social Movements: A Brief Guide For Lawyers And Law Students, Jim Freeman
Supporting Social Movements: A Brief Guide For Lawyers And Law Students, Jim Freeman
UC Law Journal of Race and Economic Justice
In recent years, there has been a surge in grassroots organizing and activism, creating new possibilities for advancing social, racial, gender, and economic justice. As a result, lawyers now have a rare opportunity to help create powerful and sustainable social movements by supporting, strengthening, and amplifying these on-the-ground efforts. However, there is a long history of would-be "movement lawyers" who have inadvertently undermined many promising grassroots-led initiatives. This article summarizes, from a practitioner's perspective, the essential elements of effective movement lawyering and how they can help to avoid the mistakes of the past and promote transformative social change.
Global Income Inequality And The Potential For Global Democracy: A Functionalist Analysis, Andrew L. Strauss
Global Income Inequality And The Potential For Global Democracy: A Functionalist Analysis, Andrew L. Strauss
School of Law Faculty Publications
The thesis that I wish to develop in this chapter is that a functionalist view of the development of global institutions suggests that the structural inequalities in global income that were a primary cause of the global economic crisis of 2008, and that continue to endanger the world economy, have the potential to provide the political preconditions for a global regime that can help redress those inequalities. To do so, however, such a regime must empower the less economically well off through representation, and the regime itself must have the practical ability to influence global economic policy. Such a regime, …
Making Sense Of Extraterritoriality: Why California’S Progressive Global Warming And Animal Welfare Legislation Does Not Violate The Dormant Commerce Clause, Jeffrey M. Schmitt
Making Sense Of Extraterritoriality: Why California’S Progressive Global Warming And Animal Welfare Legislation Does Not Violate The Dormant Commerce Clause, Jeffrey M. Schmitt
School of Law Faculty Publications
The dormant Commerce Clause’s extraterritoriality doctrine has long baffled courts and legal scholars. Rather than attempt to make sense of the doctrine, most scholars have instead argued that it should be abandoned as unnecessary and unworkable. Such scholarship, however, is of little use to the lower courts struggling with extraterritoriality issues. The federal courts in California, for example, have recently been forced to rule on challenges to California’s landmark carbon emissions and animal welfare legislation. Plaintiffs in these cases argue that California is regulating extraterritorially by telling ethanol producers and farmers in other states how to run their businesses. In …
Originalism And The Rule Of The Dead, Joel Alicea
Originalism And The Rule Of The Dead, Joel Alicea
Scholarly Articles
The conservative legal movement is in the midst of a great debate about its future. For decades, originalism — the theory that the original meaning of the Constitution is binding on today's interpreters — has been the default theory of legal conservatism, and so it remains today. But the struggle within legal conservatism is about the very meaning of originalism, as novel theories have challenged longstanding beliefs about originalism's core philosophical premises.
Title Page, Mc Law
Federalism, Elections, Preemption, And Supremacy: The Aftermath Of Inter Tribal Council, Graham August Toney Floyd
Federalism, Elections, Preemption, And Supremacy: The Aftermath Of Inter Tribal Council, Graham August Toney Floyd
MC Law Review
Symposium on Re-Examining the Voting Rights Act: Where Is Our Nation after Shelby County v. Holder
Addressing Federalism And Separation Of Powers Social Violence: The Ordinary Citizen's Voting Rights Beyond Shelby County, North Carolina And Ohio, Benjamin G. Davis
Addressing Federalism And Separation Of Powers Social Violence: The Ordinary Citizen's Voting Rights Beyond Shelby County, North Carolina And Ohio, Benjamin G. Davis
MC Law Review
Symposium on Re-Examining the Voting Rights Act: Where Is Our Nation after Shelby County v. Holder
Save The Students, Save The World: How Bankruptcy Could Help Correct The Inequitable Intrusion Of For-Profit Colleges Into Higher Education, Dustin Carl Carter
Save The Students, Save The World: How Bankruptcy Could Help Correct The Inequitable Intrusion Of For-Profit Colleges Into Higher Education, Dustin Carl Carter
MC Law Review
No abstract provided.
Changes In The Political Tide - An Examination Of How The Courts Adapt Federal Pre-Emption Doctrine In Response To A Shift In Political Opinion On Immigration, John Paul Callan M., Emily C. Callan
Changes In The Political Tide - An Examination Of How The Courts Adapt Federal Pre-Emption Doctrine In Response To A Shift In Political Opinion On Immigration, John Paul Callan M., Emily C. Callan
MC Law Review
No abstract provided.
The Erosion Of Governmental Discretionary Immunity Under The Mississippi Tort Claims Act: Little's Big Effect, R. Lane Dossett
The Erosion Of Governmental Discretionary Immunity Under The Mississippi Tort Claims Act: Little's Big Effect, R. Lane Dossett
MC Law Review
No abstract provided.
Title Page, Mc Law
Medical Malpractice Claims In Mississippi: A Preliminary Analysis, Randall K. Johnson
Medical Malpractice Claims In Mississippi: A Preliminary Analysis, Randall K. Johnson
MC Law Review
No abstract provided.
Common Sense Preemption Or Preempting Common Sense: A Call To Abandon Obstacle Preemption And Adopt Elevated Scrutiny Of Local Legislation Targeting Undocumented Immigrants, Walker Moller
MC Law Review
Comments
The Financial Benefits Of Corporate Social Responsibility In The Azeri Oil Industry, Thomas Moran
The Financial Benefits Of Corporate Social Responsibility In The Azeri Oil Industry, Thomas Moran
South Carolina Journal of International Law and Business
No abstract provided.
Reforming The Global Value Chain Through Transnational Private Regulation, Kishanthi Parella
Reforming The Global Value Chain Through Transnational Private Regulation, Kishanthi Parella
South Carolina Journal of International Law and Business
No abstract provided.
The Racial Evolution Of Justice Kennedy And Its Implications For Law, Theory, And The End Of The Second Reconstruction, Luis Fuentes-Rohwer
The Racial Evolution Of Justice Kennedy And Its Implications For Law, Theory, And The End Of The Second Reconstruction, Luis Fuentes-Rohwer
Articles by Maurer Faculty
This Article examines the recent turn in Justice Kennedy's race jurisprudence. The shift is palpable, from a narrow and uncompromising approach to the use of race by state actors to a more nuanced and contextual understanding of the role that race plays in American society. This is no small change, best explained by Justice Kennedy 's status on the Court as a "super median. " This is a position of power and influence, as any majority coalition must count on Justice Kennedy's vote; but more importantly, it is also a position of true independence. Justice Kennedy entertains his idiosyncratic and …
Cyber War Crimes: Islamic State Atrocity Videos And The Laws Of War, David P. Fidler
Cyber War Crimes: Islamic State Atrocity Videos And The Laws Of War, David P. Fidler
Articles by Maurer Faculty
The Islamic State has combined its extreme violence with digital and cyber technologies to produce and distribute globally videos recording atrocities it commits. This article argues that those in the Islamic State who make and distribute these atrocity videos are committing war crimes under international law. After introducing the unprecedented phenomenon the atrocity videos represent (I.), the article first examines the relationship between international law and propaganda in war and peace (II.) The article then argues the atrocity videos violate prohibitions in international humanitarian law and constitute war crimes (III.). The article concludes by presenting criticisms of this argument and …