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Plenary Power In The Modern Administrative State, Catherine Y. Kim

Faculty Scholarship

No abstract provided.

E-Museletter: December 2017, William Taylor Muse Law Library

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December 2017 Newsletter

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December 2017 Magazine

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Masthead Volume 120, Issue 2

West Virginia Law Review

No abstract provided.

"Nay" To Forced Pooling: The Stagnation Of West Virginia's Natural Gas Industry, Zachary H. Warder

West Virginia Law Review

No abstract provided.

Keep Your Powder Dry And Your Standards High: Protect The Second Amendment's Core With Strict Scrutiny Review, Rebecca L. Trump

West Virginia Law Review

No abstract provided.

Judicial Disqualification—Confusion, Clarification And Continued Considerations: A Closer Look At Arkansas's Judicial Disqualification Rules In Light Of Ferguson V. State, Elizabeth James

University of Arkansas at Little Rock Law Review

No abstract provided.

The Public Speaks, Again: An International Study Of Legal Communication, Christopher R. Trudeau, Christine Cawthorne

University of Arkansas at Little Rock Law Review

No abstract provided.

A Proposal To Change Sentencing Appeals In Arkansas, Anthony L. Mcmullen

University of Arkansas at Little Rock Law Review

No abstract provided.

Survey Of Legislation: 2017 Arkansas General Assembly, Amie Alexander, Sarah Giammo

University of Arkansas at Little Rock Law Review

No abstract provided.

Making The Case For The Uniform Limited Liability Company Act (2013) In Arkansas, Carol Goforth

University of Arkansas at Little Rock Law Review

No abstract provided.

Revisiting The Rationality Assumption Of Disclosure Laws: An Empirical Analysis, Uri Benoliel, Jenny Buchan, Tony Gutentag

Hofstra Law Review

Disclosure laws are based on one central assumption: that disclosees are, by their very nature, rational actors. This article questions the validity of this theoretical assumption. The article empirically shows that franchisees, who are considered sophisticated disclosees, are unrealistically optimistic about disclosed risks. In this empirical study, franchisees (N = 205) completed an online research questionnaire, in which they compared their own chances of experiencing disclosed risks with the chances of their colleagues. It was found that franchisees were optimistically biased. Franchisees believed that the chances that their franchisor might opportunistically terminate their franchise are significantly lower than that of …

A Tale Of Two Trade Powers: Balancing Investor-State Dispute Settlement And Environmental Risk Between The European Union And United States In A Changing Political Climate, Sarah Ben-Moussa

Fordham Environmental Law Review

No abstract provided.

Eminent Domain And Oil Pipelines: A Slippery Path For Federal Regulation, Natalie M. Jensen

Fordham Environmental Law Review

No abstract provided.

Front Matter

Hofstra Law Review

No abstract provided.

Deciding Not To Decide: Federal Courts' Discretion To Decline Review And Miller V. City Of Wickliffe, Tommy Tobin

Hofstra Law Review

No abstract provided.

Homeless, Hungry, And Targeted: A Look At The Validity Of Food-Sharing Restrictions In The United States, Samantha Holloway

Hofstra Law Review

No abstract provided.

The English Legacy Of The Second Amendment - History And Myth, Allen R. Kamp

Hofstra Law Review

According to the majority opinion of Justice Scalia in District of Columbia v. Heller, pre-Second Amendment adoption English history informs the Amendment’s meaning. The majority opinion discusses the historical background after analyzing the language of the Amendment: “Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation. This meaning is strongly confirmed by the historical background of the Second Amendment. We look to this because it has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right.”

My …

The Mirage Of Use Restrictions, Ric Simmons

North Carolina Law Review

This Article concludes that most types of use restrictions do not have sufficient legal justifications. It first reviews the many possible applications of use restrictions and discusses five potential doctrinal bases to justify them: (1) apply an “ongoing seizure” doctrine; (2) create a purpose test for the exclusionary rule; (3) re-define a “search” as including the processing of information, not just its collection; (4) make the purpose of the data collection a factor in determining whether collecting the data is a search; and (5) limit which government agencies are allowed access to the data that is collected. This Article then …

Welfare And Federalism's Peril, Andrew Hammond

Washington Law Review

Recent scholarship on American federalism lacks case studies to inform that scholarship’s trans-substantive insights and claims. This Article examines the last two decades of devolution brought about by the 1996 Welfare Reform Act (PRWORA). It details the history of PRWORA and how the funding mechanism built into Temporary Assistance for Needy Families (TANF)—the TANF block grant—guaranteed the program’s deterioration. The Article documents the program’s failure to respond to increased need among poor families after Hurricane Katrina and in the Great Recession, showing how the federal government’s use of TANF in both crises teach us the limits of fiscally devolved programs. …

The New Sister-State Sovereign Immunity, Michael H. Hoffheimer

Washington Law Review

The Article reviews the constitutional status of sister-state sovereign immunity. It argues that the parity requirement announced in Franchise Tax Board v. Hyatt (2016) is a temporary compromise that is supported by neither the purposes of the Full Faith and Credit Clause nor by cases cited by the Court. It further argues that parity is bad policy because parity overprotects states for acts they commit beyond their borders and under protects the interests of forum states in regulating conduct within their territorial jurisdiction. But the Article breaks from most scholarship. It suggests that the Court went too far in Nevada …

Safeguarding Washington's Trade Secrets: Protecting Businesses From Public Records Requests, John Delaney

Washington Law Review

Lawmakers constantly balance competing interests. They decide where to draw lines so that societal goals are accomplished without ignoring the needs of those who will be affected by their choices. The Washington State Legislature is now in the process of addressing the line between government transparency and the protection of private companies’ trade secrets. Companies who provide technology to the federal government are susceptible to losing their trade secrets through a public records request. The Washington State Legislature is currently reviewing the trade secret exception to the Public Records Act to ensure it is continuing to protect companies from losing …

The Helicopter State: Misuse Of Parens Patriae Unconstitutionally Precludes Individual And Class Claims, Gabrielle J. Hanna

Washington Law Review

The doctrine of parens patriae allows state attorneys general to represent state citizens in aggregate litigation suits that are, in many ways, similar to class actions and mass-tort actions. Its origins, however, reflect a more modest scope. Parens patriae began as a doctrine allowing the British king to protect those without the ability to protect themselves, including wards and mentally disabled individuals. The rapid expansion of parens patriae standing in the United States may be partly to blame for the relative absence of limiting requirements or even well-developed case law governing parens patriae suits. On the one hand, class actions …

“The Big Chill”: Personal Liability And The Targeting Of Financial Sector Compliance Officers, Court E. Golumbic

UC Law Journal

No abstract provided.

A Constitutional Jurisprudence Of Children’S Vulnerability, Lois A. Weithorn

UC Law Journal

No abstract provided.

The Devil In The Details: How The Complexity, Costs, And Uncertainty Of Treasury Regulations Encourage Corporate Inversion, Jessica Wilson

UC Law Journal

No abstract provided.

Paid Family And Medical Leave: Cost And Coverage Estimates Of Three Choices In Massachusetts, Policy Brief, Randy Albelda, Alan Clayton-Matthews

Publications from the Center for Women in Politics and Public Policy

This policy brief explores the costs and coverage of three proposed paid family and medical leave programs for Massachusetts. These are House Bill 2172, Senate Bill 1048, and 2018 Initiative Petition C. Each of these proposed programs establishes a contributory fund paid by employers and employees, to be used for eligible workers when they are out of work for their own serious health condition or that of a family member, for pregnancy, or to bond with a new child. The medical leaves considered are for own health reasons, including those related to pregnancy. Family leaves are for bonding with a …

Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos

Cardozo Law Review

No abstract provided.

Meaningful Access And Disability Discrimination: The Role Of Social Science And Other Empirical Evidence, Mark C. Weber

Cardozo Law Review

In cases alleging disability discrimination in the provision of state and local government services, courts frequently hold that plaintiffs' claims depend on the question whether, despite the disadvantage that government actions impose, the plaintiffs nevertheless receive meaningful access to the government services. Whether people with disabilities actually have meaningful access is in reality a factual question, one on which social science and other empirically supported facts should matter. But courts frequently ignore evidence about the nature and level of access that people with disabilities have to government programs when decisions regarding those programs are being challenged. This Article catalogues judicial …