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Articles 1 - 23 of 23
Full-Text Articles in Law
Causing A Racket: Unpacking The Elements Of Cultural Capital In An Assessment Of Urban Noise Control, Live Music, And The Quiet Enjoyment Of Private Property, Sara Ross
The Quiet Corner Interdisciplinary Journal
I examine the tension between and the treatment of the elements of cultural capital within dynamic mixed-use spaces, and posit that Canada's current noise control and noise pollution legislation, by-laws, and case law demonstrate a hierarchical protection framework placing greater importance on the "quiet enjoyment of private property" over live music culture, where performances are often the subject of noise complaints. While the elements of cultural capital valued by those who favour the value of quiet enjoyment of private property are well represented throughout legislation, by-laws, and case law, the elements of cultural capital valued by those who favour the …
The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie Levin
The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie Levin
Faculty Articles and Papers
The legal profession’s control of much of the market for legal services is justified by the claim that only licensed lawyers can effectively and ethically represent clients. This article challenges that claim. A review of a number of studies suggests that experienced nonlawyers can provide competent legal services in certain contexts and in some cases, can seemingly do so as effectively as lawyers. There is also little evidence that lawyers’ legal training, the bar admission requirements, or lawyers’ psychological characteristics make them more trustworthy than nonlawyer legal services providers. The article considers some recent initiatives, such as Washington’s approval of …
An Economist Listens To Serial, Peter Siegelman
An Economist Listens To Serial, Peter Siegelman
Faculty Articles and Papers
Virtually nothing about what makes Serial so compelling has much to do with economics. But the central question of the series—the guilt or innocence of Adnan Syed—does connect with a powerful and important branch of economic theory dealing with asymmetries of information, instances where one party knows something the other doesn’t. For example, policyholders may know more about their riskiness than their insurers do; criminal defendants may know more about their guilt or innocence than the state does; and so on. Of course, people often have reasons to conceal or distort their private information, so the challenge posed by so-called …
In The Shadows Of Sunlight: The Effects Of Transparency On State Political Campaigns, Douglas M. Spencer, Abby K. Wood
In The Shadows Of Sunlight: The Effects Of Transparency On State Political Campaigns, Douglas M. Spencer, Abby K. Wood
Faculty Articles and Papers
In recent years, the courts have invalidated a variety of campaign finance laws while simultaneously upholding disclosure requirements. Courts view disclosure as a less-restrictive means to root out corruption while critics claim that disclosure chills speech and deters political participation. Using individual-level contribution data from state elections between 2000 and 2008, we find that the speech-chilling effects of disclosure are negligible. On average, less than one donor per candidate is likely to stop contributing when the public visibility of campaign contributions increases. Moreover, we do not observe heterogeneous effects for small donors or ideological outliers despite an assumption in First …
Constitutional Change And Wade's Ultimate Political Fact, Richard Kay
Constitutional Change And Wade's Ultimate Political Fact, Richard Kay
Faculty Articles and Papers
The doctrine of parliamentary sovereignty in the United Kingdom may be alive but it is not exactly well. Over the last 40 years, the notion that Parliament may make binding law on any question whatsoever has been buffeted by various political and judicial developments and attacked by numerous academic commentators.' Looking back, the 1950s might seem a sort of golden age of the doctrine. But the first line of Sir William Wade's great article, 'The Basis of Legal Sovereignty', published in 1955, declared that a recent judgment had 'turned the thoughts of many lawyers to the subject of legal sovereignty'. …
Regulating Home Equity Protection Companies And Contracts: Are States Making “The Best” An Enemy Of “The Good”?, John E. Marthinsen
Regulating Home Equity Protection Companies And Contracts: Are States Making “The Best” An Enemy Of “The Good”?, John E. Marthinsen
Connecticut Insurance Law Journal
No abstract provided.
Removing The Legal Impediments To Offering Lifetime Annuities In Pension Plans, Jonathan Barry Forman
Removing The Legal Impediments To Offering Lifetime Annuities In Pension Plans, Jonathan Barry Forman
Connecticut Insurance Law Journal
No abstract provided.
The Pension Mis-Selling Scandal, The Sec, And The Fiduciary Standard, John A. Turner
The Pension Mis-Selling Scandal, The Sec, And The Fiduciary Standard, John A. Turner
Connecticut Insurance Law Journal
No abstract provided.
A Closer Look At The Iras In State Automatic Enrollment Ira Programs, Kathryn L. Moore
A Closer Look At The Iras In State Automatic Enrollment Ira Programs, Kathryn L. Moore
Connecticut Insurance Law Journal
No abstract provided.
Funding Of Public Sector Pension Plans: What Can Be Learned From The Private Sector?, Israel Goldowitz
Funding Of Public Sector Pension Plans: What Can Be Learned From The Private Sector?, Israel Goldowitz
Connecticut Insurance Law Journal
No abstract provided.
Friedrichs And The Move Toward Private Ordering Of Wages And Benefits In The Public Sector, Maria O'Brien Hylton
Friedrichs And The Move Toward Private Ordering Of Wages And Benefits In The Public Sector, Maria O'Brien Hylton
Connecticut Insurance Law Journal
No abstract provided.
Pension De-Risking, Brendan Maher
Pension De-Risking, Brendan Maher
Faculty Articles and Papers
The United States is facing a retirement crisis, in significant part because defined benefit pension plans have been replaced by defined contribution retirement plans that, whatever their theoretical merit, have left significant numbers of workers unprepared for retirement. A troubling example of the continuing movement away from defined benefit plans is a new phenomenon euphemistically called “pension de-risking.” Recent years have been marked by high-profile companies engaging in various actions designed to reduce the company’s exposure to pension funding risk (hence the term “pension de-risking”). Some de-risking strategies convert a federally-guaranteed pension into a more risky private annuity. Other approaches …
The Illusion Of Fiscal Illusion In Regulatory Takings, Bethany Berger
The Illusion Of Fiscal Illusion In Regulatory Takings, Bethany Berger
Faculty Articles and Papers
The main economic justification for compensating owners for losses from land use restrictions is based on a surprising mistake. Compensation is said to make governments internalize the costs of their actions and therefore enact more efficient regulations. Without compensation, the argument goes, governments operate under a fiscal illusion because, from their perspective, their actions are costless. The problem is that this argument makes no sense as a description of the actual costs to governments. Taxation is the main way governments get revenue, and most taxes depend on the value of property and its permissible uses. If a government restricts land …
Birthright Citizenship On Trial: Elk V. Wilkins And United States V. Wong Kim Ark, Bethany Berger
Birthright Citizenship On Trial: Elk V. Wilkins And United States V. Wong Kim Ark, Bethany Berger
Faculty Articles and Papers
In the summer of 2015, the majority of Republican candidates for president announced their opposition to birthright citizenship. The constitutional dimensions of that right revolve around two cases decided at the end of the nineteenth century, Elk v. Wilkins (1884) and United States v. Wong Kim Ark (1898). The first held that an American Indian man born in the United States was not a citizen under the Fourteenth Amendment; the second, that a Chinese American man born in the United States was indeed a citizen under the amendment. This Article juxtaposes the history of these decisions. By showing the distinctive …
The Uneasy Case For Food Safety Liability Insurance, John Aloysius Cogan, Jr.
The Uneasy Case For Food Safety Liability Insurance, John Aloysius Cogan, Jr.
Faculty Articles and Papers
No abstract provided.
Diversely Native, Bethany Berger
Health Insurance Rate Review, John Aloysius Cogan, Jr.
Health Insurance Rate Review, John Aloysius Cogan, Jr.
Faculty Articles and Papers
No abstract provided.
Lawyers Going Bare And Clients Going Blind, Leslie Levin
Lawyers Going Bare And Clients Going Blind, Leslie Levin
Faculty Articles and Papers
Many U.S. lawyers "go bare" and represent clients without maintaining malpractice insurance. Efforts to require these lawyers to carry lawyer professional liability (LPL) insurance have mostly foundered, due to bar opposition and concerns about the cost of insurance. As a compromise between protecting the public and protecting lawyers' interests, many states now require lawyers to disclose whether they carry LPL insurance to clients, regulators, or both. This Article draws on survey data from Arizona, Connecticut and New Mexico lawyers that shed light on which lawyers go bare and the reasons why they do so. The Article then looks at states' …
Regulators At The Margins: The Impact Of Malpractice Insurers On Solo And Small Firm Lawyers, Leslie Levin
Regulators At The Margins: The Impact Of Malpractice Insurers On Solo And Small Firm Lawyers, Leslie Levin
Faculty Articles and Papers
Liability insurers often informally regulate the behavior of their insureds through the underwriting process, premium pricing, contract design, and risk management practices. This Article explores whether lawyer professional liability ("LPL") insurers effectively regulate the behavior of solo and small firm lawyers in ways that encourage responsible conduct. The Article draws on interviews of insurance industry executives, risk management counsel, and insured lawyers, as well as insurer documents and surveys of lawyers, to explore the impact of LPL insurers on the work lives of solo and small firm lawyers. The research reveals that LPL insurers appear to regulate the behavior of …
Protecting The Compromised Worker: A Challenge For Employment Discrimination Law, Peter Siegelman
Protecting The Compromised Worker: A Challenge For Employment Discrimination Law, Peter Siegelman
Faculty Articles and Papers
Only the very best workers are completely satisfactory, and they are not likely to be discriminated against-the cost of discrimination is too great. The law tries to protect average and even below average workers against being treated more harshly than would be the case if they were of a different race, sex, religion, or national origin, but it has difficulty achieving this goal because it is so easy to concoct a plausible reason for not hiring, or firing, or failing to promote, or denying a pay raise to, a worker who is not superlative.
Serving In The Master’S House: Legal Protection For In-Home Care Workers In The United States, Michael Fischl
Serving In The Master’S House: Legal Protection For In-Home Care Workers In The United States, Michael Fischl
Faculty Articles and Papers
This essay will focus on the developing forms of legal protection available in the United States to those whose principal place of work is another person’s home and who are paid to do what is broadly referred to as “care work.” The particular services vary widely – from housecleaning, to child care, to companionship and routine health care management for the elderly and the infirm – but the labor market demographics do not: This is low-wage/no-benefit work performed almost exclusively by women and primarily by women of color and of extra-national origin
Brief Of Interested Law Professors As Amici Curiae Supporting Petitioner In Brohl V. Direct Marketing Association, Richard Pomp
Brief Of Interested Law Professors As Amici Curiae Supporting Petitioner In Brohl V. Direct Marketing Association, Richard Pomp
Faculty Articles and Papers
Amici curiae are 14 professors of law who have devoted much of their teaching and research to the area of state taxes and the role of state tax policy in our federal system. The amici are concerned with the effect of this Court’s dormant Commerce Clause jurisprudence on the development of fair and efficient state tax systems. No decision of this Court has had more effect on state sales and use tax systems than Quill Corporation v. North Dakota. We believe the Tenth Circuit properly decided the case below. But if the Court decides to grant the Direct Marketing Association’s …
Outsourced Law Enforcement, Kiel Brennan-Marquez
Outsourced Law Enforcement, Kiel Brennan-Marquez
Faculty Articles and Papers
How should the Constitution think about "outsourced law enforcement"-that is, investigative activity carried out by private actors that substitutes, in practice, for the labor of law enforcement officials? Existing doctrine offers a simple answer to this question, centered on chronology. If the government was responsible for outsourcing law enforcement-if a private actor was operating as an "agent or instrument" of the state-Fourth Amendment scrutiny applies, just as it would apply to the conduct of state officials.' If, on the other hand, the outsourcing transpired voluntarily-if a private actor decided, without prodding, to assist the authorities-no Fourth Amendment scrutiny applies. This …