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Articles 11071 - 11100 of 13582
Full-Text Articles in Law
Balancing Sustainability, The Right To Regulate, And The Need For Investor Protection: Lessons From The Trade Regime, Elizabeth Trujillo
Balancing Sustainability, The Right To Regulate, And The Need For Investor Protection: Lessons From The Trade Regime, Elizabeth Trujillo
Faculty Scholarship
Recent initiatives for investment reform demonstrated by the 2016 United Nations Conference on Trade and Development and 2018 World Investment Reports have raised key issues for sustainable development in the context of investment in natural resources and energy. Where there has been increasing convergence between trade and environmental norms as trade regimes confront domestic regulatory measures for environmental protection and climate change mitigation, similarly investment regimes also have had to address such domestic measures but with little progress towards normative convergence. At the same time, there’s an increasing skepticism for the traditional models of globalization of the 1990s and more …
"Enemy Of The People": Negotiating News At The White House, Carol Pauli
"Enemy Of The People": Negotiating News At The White House, Carol Pauli
Faculty Scholarship
How can the press serve as a check on executive power when the president calls it “fake” and the White House denies facts? As journalists debate the right response, this article offers advice from the perspective of a journalist who is now in the legal academy. Drawing on legal scholarship in the field of conflict resolution — as well as literature in journalism and political science — this article analyzes the White House press briefing as a negotiation over both the content of news and the relationship of the press and president. It aims to help the press fulfill the …
Surprising Originalism, Lawrence B. Solum
Surprising Originalism, Lawrence B. Solum
Faculty Scholarship
This article takes the reader on a guided tour of contemporary originalist constitutional theory. Most Americans believe that they already know everything they need to know about constitutional originalism. But in many cases, they are mistaken. Contemporary originalists do not believe that we should ask, "What would James Madison do?" Instead, the mainstream of contemporary originalism aims to recover the original public meaning of the constitutional text. Conservatives and libertarians are sure that originalism is a necessary corrective to the liberal excesses of the Warren Court. Progressives have an almost unshakeable belief that originalism is a right-wing ideology that seeks …
When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt
When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt
Faculty Publications
In this essay, I argue that the debate on free speech as pushed by the conservative right is a strategic apparatus to undermine the various diversity initiatives on college and university campuses. While supporters of the right wing extremists around the globe have pushed for various modes of exclusions (social, racial, ethnic, cultural, religious and sexual), here in the United States, such exclusions are most evident in the collapse of academic freedom and the rise of civility codes as students and educators use the platform of free speech to promote various forms of injustices and exclusions. Our neoliberal college and …
Mandatory Quotas For Women On Boards Of Directors In The European Union: Harmful To Or Good For Company Performance?, Monika Leszczynska
Mandatory Quotas For Women On Boards Of Directors In The European Union: Harmful To Or Good For Company Performance?, Monika Leszczynska
Faculty Scholarship
Impact assessments are an important component of a better regulation programme—an initiative of the European Commission launched to improve the quality and transparency of the EU (European Union) law-making process. In the current article, I take a closer look at the Impact Assessment (IA) issued by the European Commission together with a Directive proposing a 40% obligatory female representation on the boards of directors in European public companies. In the IA, the Commission defined an improvement of corporate governance as one of the objectives to be achieved by the Directive. The Commission claimed that the more gender-diverse a corporate board …
Political Norms, Constitutional Conventions, And President Donald Trump, Neil S. Siegel
Political Norms, Constitutional Conventions, And President Donald Trump, Neil S. Siegel
Faculty Scholarship
This symposium Essay argues that what is most troubling about the conduct of President Trump during and since the 2016 U.S. presidential campaign is not any potential violations of the U.S. Constitution or federal law. There likely have been some such violations, and there may be more. But what is most troubling about President Trump is his disregard of political norms that had previously constrained presidential candidates and Presidents, and his flouting of nonlegal but obligatory “constitutional conventions” that had previously guided and disciplined occupants of the White House. These norms and conventions, although not “in” the Constitution, play a …
The Supreme Court Stops State Laws From Covertly Disfavoring Arbitration, Allows State Courts To Narrowly Interpret Powers-Of-Attorney: A Comment On Kindred Nursing Centers Ltd. Partnership V. Clark, Micah Mayotte
Arbitration Law Review (2009 - Present)
No abstract provided.
Why Victims Deserve The Right To Choose How To Resolve Their Sexual Harassment Claims, Kathryn Meyer
Why Victims Deserve The Right To Choose How To Resolve Their Sexual Harassment Claims, Kathryn Meyer
Arbitration Law Review (2009 - Present)
No abstract provided.
Fifth Circuit Sides With The Nfl In The Hotly-Contested Ezekiel Elliott Suspension: A Comment On National Football League Players Association V. National Football League, Nicole A. Wheeler
Fifth Circuit Sides With The Nfl In The Hotly-Contested Ezekiel Elliott Suspension: A Comment On National Football League Players Association V. National Football League, Nicole A. Wheeler
Arbitration Law Review (2009 - Present)
No abstract provided.
Opening A Window For Chinese Ad Hoc Arbitration, Meng Chen
Opening A Window For Chinese Ad Hoc Arbitration, Meng Chen
Arbitration Law Review (2009 - Present)
No abstract provided.
In The Wake Of Arbitration: Papers From The Sixth Annual Csis South China Sea Conference, Kyle Ganow
In The Wake Of Arbitration: Papers From The Sixth Annual Csis South China Sea Conference, Kyle Ganow
Arbitration Law Review (2009 - Present)
No abstract provided.
Player 3 Has Entered The Game: Arbitration Comes To The Esports Industry, Ryan Boonstra
Player 3 Has Entered The Game: Arbitration Comes To The Esports Industry, Ryan Boonstra
Arbitration Law Review (2009 - Present)
No abstract provided.
Implicit Racial Biases In Prosecutorial Summations: Proposing An Integrated Response, Praatika Prasad
Implicit Racial Biases In Prosecutorial Summations: Proposing An Integrated Response, Praatika Prasad
Fordham Law Review
Racial bias has evolved from the explicit racism of the Jim Crow era to amore subtle and difficult-to-detect form: implicit racial bias. Implicit racial biases exist unconsciously and include negative racial stereotypes andassociations. Everyone, including actors in the criminal justice system who believe themselves to be fair, possess these biases. Although inaccessible through introspection, implicit biases can easily be triggered through language. When trials involve Black defendants, prosecutors’ summations increasingly include racial themes that could trigger jurors’ implicit biases, lead to the perpetuation of unfair stereotypes, and contribute to racial injustice and disparate outcomes. This Note examines and critiques the …
The Tower Of Babel Revisited: Global Governance As A Problematic Solution To Existential Threats, Craig S. Lerner
The Tower Of Babel Revisited: Global Governance As A Problematic Solution To Existential Threats, Craig S. Lerner
North Carolina Journal of Law & Technology
No abstract provided.
Taming The Golem: Challenges Of Ethical Algorithmic Decision-Making, Omer Tene, Jules Polonetsky
Taming The Golem: Challenges Of Ethical Algorithmic Decision-Making, Omer Tene, Jules Polonetsky
North Carolina Journal of Law & Technology
No abstract provided.
The Missing Link Between Blockchain And Copyright: How Companies Are Using New Technology To Misinform Creators And Violate Federal Law, Sarah Anderson
The Missing Link Between Blockchain And Copyright: How Companies Are Using New Technology To Misinform Creators And Violate Federal Law, Sarah Anderson
North Carolina Journal of Law & Technology
No abstract provided.
The Battle Of The Verbs: The Ninth Circuit’S Reconciliation Of “Verbing” With Trademark Law And Practices, Taylor Carrere
The Battle Of The Verbs: The Ninth Circuit’S Reconciliation Of “Verbing” With Trademark Law And Practices, Taylor Carrere
North Carolina Journal of Law & Technology
No abstract provided.
Putting The Reins On Autonomous Vehicle Liability: Why Horse Accidents Are The Best Common Law Analogy, David King
Putting The Reins On Autonomous Vehicle Liability: Why Horse Accidents Are The Best Common Law Analogy, David King
North Carolina Journal of Law & Technology
No abstract provided.
Contents, North Carolina Law Review
Agency And Insanity, Stephen P. Garvey
Agency And Insanity, Stephen P. Garvey
Buffalo Law Review
This Article offers an unorthodox theory of insanity. According to the traditional theory, insanity is a cognitive or volitional incapacity arising from a mental disease or defect. As an alternative to the traditional theory, some commentators have proposed that insanity is an especially debilitating form of irrationality. Each of these theories faces fair-minded objections. In contrast to these theories, this Article proposes that a person is insane if and because he lacks a sense of agency. The theory of insanity it defends might therefore be called the lost-agency theory.According to the lost-agency theory, a person lacks a sense of agency …
Social Security, Divorce, And The Scope Of Federal Preemption, Michael T. Flannery
Social Security, Divorce, And The Scope Of Federal Preemption, Michael T. Flannery
Buffalo Law Review
In light of the United States Supreme Court’s decision in Howell v. Howell, in May 2017, this article urges Congress to clarify its intent for the scope of federal preemption of state property distribution laws under the anti-assignment provision of the Social Security Act, 42 U.S.C. § 407.Congress enacted the Social Security Act in 1935 to serve as a federally regulated social insurance benefit program designed to ensure a continuing source of income to retired workers, age 65 or older. Within the Act, Congress reserved for itself the exclusive authority to regulate the program, with one of the primary purposes …
The Supreme Court’S Original Jurisdiction Over Disputes Between The United States And A State, Lochlan F. Shelfer
The Supreme Court’S Original Jurisdiction Over Disputes Between The United States And A State, Lochlan F. Shelfer
Buffalo Law Review
Does the Supreme Court have jurisdiction to hear controversies between a state and the United States? Although the Supreme Court has asserted this power, commentators have puzzled over the question for decades. Because Article III does not enumerate controversies between a state and the United States, many scholars have concluded that the Court’s exercise of this power is illegitimate, or at least atextual. This Article argues that the Constitution’s text does give the Supreme Court the power to hear such controversies, but to understand why it is necessary to understand the way that the framers would, for the sake of …
California’S Clean Car Law: Fifteen Years Later, A Look In The Rearview Mirror, Darry Sragow, Monika Darwish
California’S Clean Car Law: Fifteen Years Later, A Look In The Rearview Mirror, Darry Sragow, Monika Darwish
UC Law Environmental Journal
No abstract provided.
Fertilizers And Nitrates In Drinking Water: State Water Board Tackles The Public Health Threat Of Contaminated Groundwater, Emel G. Wadhwani
Fertilizers And Nitrates In Drinking Water: State Water Board Tackles The Public Health Threat Of Contaminated Groundwater, Emel G. Wadhwani
UC Law Environmental Journal
No abstract provided.
Whistling Loud And Clear: Applying Chevron To Subsection 21f Of Dodd–Frank, Shaun M. Bennett
Whistling Loud And Clear: Applying Chevron To Subsection 21f Of Dodd–Frank, Shaun M. Bennett
Washington and Lee Law Review
This Note addresses a circuit court split arising from a portion of the anti-retaliation provisions in the Dodd–Frank Wall Street Reform and Consumer Protection Act. Subsection 21F’s retaliation prohibitions apply to those employers whose employees make required or protected disclosures under the Sarbanes–Oxley Act of 2002 (SOX) or any other rule or regulation under the SEC’s jurisdiction. SOX provides anti -retaliation protections — similar to those available under Dodd–Frank — for employees of publicly traded companies who report misconduct. However, SOX expressly affords protections to those who provide information to “a Federal regulatory or law enforcement agency; any Member of …
Paul Giannelli’S Scholarship Of Measured Wisdom, Sophistication, And Significance, And A Man Of Diligence, Humor, And Graciousness, Robert P. Mosteller, Kenneth S. Broun
Paul Giannelli’S Scholarship Of Measured Wisdom, Sophistication, And Significance, And A Man Of Diligence, Humor, And Graciousness, Robert P. Mosteller, Kenneth S. Broun
Case Western Reserve Law Review
No abstract provided.
National Security, National Origin, And The Constitution: 75 Years After Eo 9066, Geoffrey R. Stone
National Security, National Origin, And The Constitution: 75 Years After Eo 9066, Geoffrey R. Stone
Case Western Reserve Law Review
No abstract provided.
Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions, David F. Forte
Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions, David F. Forte
Case Western Reserve Law Review
No abstract provided.
Copyright Act [Revisions] Welcome[]:The Lax Copyright In Live Performance’S Last Writ, Lidia Mowad
Copyright Act [Revisions] Welcome[]:The Lax Copyright In Live Performance’S Last Writ, Lidia Mowad
Case Western Reserve Law Review
No abstract provided.
Volume 69 Issue 2 (2018), Case Western Reserve Law Review
Volume 69 Issue 2 (2018), Case Western Reserve Law Review
Case Western Reserve Law Review
No abstract provided.