Law Commons^™

The Rational Basis Test And Why It Is So Irrational: An Eighty-Year Retrospective, James M. Mcgoldrick Jr.

San Diego Law Review

The Rational Basis test is one of the most common and yet perhaps the most insignificant United States Supreme Court test in the history of the constitution, yet year in year out clients and lawyers will submit another brief hoping against hope that this time there might be a meaningful outcome. There will not be.

This article attempts to explain why the rational basis test is so irrational in its outcome, why basic interests are disregarded in the name of judicial respect for the legislative process, and how easy it would be for there to be a better outcome. The …

Are Passive Index Funds Active Owners? Corporate Governance Consequences Of Passive Investing, Giovanni Strampelli

San Diego Law Review

The exponential rise of mutual funds designed to track stock indices has been one of the drivers behind the re-concentration of ownership of listed companies in the United States. Because of the high concentration of the passive index funds industry, the three leading passive fund managers—BlackRock, Vanguard, and State Street—make up an increasingly important component of the shareholder base of listed companies. In spite of this however, it remains questionable whether they are actually interested in playing an active role in the corporate governance of investee companies. In fact, although passive investors are, by definition, focused on the long term …

Mapping Territorial Limitations On Insurance Coverage, Douglas R. Richmond

San Diego Law Review

Globalization has come to financial markets and to innumerable industries. U.S. businesses export and import goods and products; many have done so for decades. Domestic companies that sell materials online almost certainly do some international business. American corporations have foreign facilities or operations. Americans travel internationally with relative ease. For those living in states that adjoin Canada or Mexico, international travel can be accomplished simply by driving across the border.

At the same time, insurance policies sold in the United States frequently contain territorial limitations on coverage that superficially seem out of place when compared to many aspects of modern …

Incentivizing Transparency: Agricultural Benefit Corporations To Improve Consumer Trust, Kathryn Smith

San Diego Law Review

In the face of inadequate, often abysmal agricultural practices and laws that enable them, producers who provide the social good of transparency should receive a benefit. Amidst the debate that all benefit corporations should qualify for special tax treatment, this Comment proposes the development of a federal benefit corporation class offering special tax treatment to worthy agricultural producers. By reallocating current agricultural subsidies, Congress can feasibly correct the agricultural industry’s failure to adequately inform consumers.

A Survivor’S Tale: Mcdonnell Douglas In A Post-Nassar World, Joss Teal

San Diego Law Review

This Comment examines the circuit split that has developed over the application of but-for causation in Title VII retaliation claims. Following a brief look into the traditional requirements of a Title VII retaliation plaintiff, Part II assesses the 2013 Supreme Court holding that established but-for causation as the required causation standard and surveys courts of appeal holdings in its wake. After examining policy considerations and arguments put forward for each position in Part III, this Comment clarifies the misperception that the McDonnell Douglas framework necessarily proves but-for causation. In Part IV, this Comment proposes that the Supreme Court should rectify …

Bounded Rationality, Paternalism, And Trademark Law, Stacey Dogan

Faculty Scholarship

We don’t need behavioral economics to understand that trade marks can shape consumer preferences in ways that have little to do with objectively measurable differences in product quality. Scholars, judges, economists, and policymakers have long recognized the tendency of strong marks to skew consumer decisions. The concern lies not only in price effects but with the allocative effects of encouraging investment in persuasive advertising, rather than product innovation or similar “productive” pursuits. While informative advertising can benefit consumers, advertising that creates artificial brand-based differences between otherwise identical products appears not only costly to consumers but also socially wasteful.

This Essay …

Amenazado En Venezuela, En Espera En Ee.Uu., Hernan Goicochea, Juan Garcia

Capstones

Venezolano activista luchó para combatir el sida en su país, huyo de las amenazas del gobierno venezolano, y está buscando asilo político en los Estado Unidos.

https://theinformantes.home.blog/2018/12/13/amenazado-en-venezuela-en-espera-en-ee-uu/

Published Link: https://www.telemundo.com/noticias/noticias-telemundo/inmigracion/la-historia-de-jesus-en-estados-unidos-dos-secuestros-le-hicieron-huir-de-venezuela-los-tmna3870280

Multiple Sclerosis Drugs Have Been Getting A Lot More Expensive, Ben Jay

Capstones

Multiple Sclerosis is a very expensive disease. According to a 2016 study in the American Journal of Managed Care, treating it can cost patients anywhere from $30,000 to $100,000 per year, which can meet or even exceed the average US household median income, depending on how severe your case is. For a disease that has no known cure, and requires frequent medical attention to manage symptoms that can completely debilitate a person if left untreated, that can mean spending $4.1 million over the course of a lifetime, according to the same study. However, in the last 20 years, that …

Beneath Brooklyn’S Darkened Skies, Court Continues Long Into The Night, Emilie Ruscoe

Capstones

Tens of thousands of people who pass annually through New York’s criminal justice system via night court in Brooklyn. In these eight hours, the administration of justice slows and the human foundation of this bureaucracy is on display as the court works into the night. http://www.emilieruscoe.com/night-court/

The Curious Case Of Will Brooke, Adam Muro

Capstones

William Wade Brooke, an Alabama businessman with ties to state and national Republican Party politics and scandal, was for over one year a registered foreign agent working for the office of Saad Hariri, Prime Minister of Lebanon. He was the only registered lobbyist for Hariri while he was active, and stranger yet he stated on his Foreign Agent Registration Act forms that he was working for free. An investigation into his background and ties to Lebanon revealed that he lobbied for free in recognition of favors that Hariri did, and continues to do, for a christian missionary group Brooke is …

In Translation: An Examination Of Esl Policy On Paper As It Relates To The Realities Of Implementation, Grace M. Cuevas

Senior Honors Projects, 2010-2019

This honors research project explores the features of Title III requirements as they relate to the actual experience of students and their families. This paper synthesizes my experience researching English as a Second Language (ESL) specific supports and policy to inform my time spent accompanying an upper-level administrator for the Harrisonburg City Public School (HCPS) system, and interviewing professionals at an area school. In this paper I outline the results of interviews with 13 service providers. Interviews examined the “letter of the law” and the subsequent “spirit of the law” through application of a social work lens to the different …

Evaluating The Legality Of Age-Based Criteria In Health Care: From Nondiscrimination And Discretion To Distributive Justice, Govind Persad

Sturm College of Law: Faculty Scholarship

Recent disputes over whether older people should pay more for health insurance, or receive lower priority for transplantable organs, highlight broader disagreements regarding the legality of using age-based criteria in health care. These debates will likely intensify given the changing age structure of the American population and the turmoil surrounding the financing of American health care. This Article provides a comprehensive examination of the legality and normative desirability of age-based criteria. In the Article, I defend a distributive justice approach to age-based criteria. Rather than viewing age as a personal characteristic akin to race or religion, the distributive justice approach …

Other Lands And Other Skies: Birthright Citizenship And Self-Government In Unincorporated Territories, John Vlahoplus

William & Mary Bill of Rights Journal

No abstract provided.

The Esquire Case: A Lost Free Speech Landmark, Samantha Barbas

William & Mary Bill of Rights Journal

No abstract provided.

Civil Rights Notes: American Indians And Banishment, Jury Trials, And The Doctrine Of Lenity, Grant Christensen

William & Mary Bill of Rights Journal

No abstract provided.

A Reparative Justice Approach To Assessing Ancestral Classifications Aimed At Colonization’S Harms, Susan K. Serrano

William & Mary Bill of Rights Journal

No abstract provided.

The Superior Solution To The “Denominator Problem” — Comparing The Majority And Dissent’S Property Benchmark Tests In Murr V. Wisconsin With A Focus On Property Owners’ Reasonable Expectations, Rosemary K. Mcguirk

William & Mary Bill of Rights Journal

No abstract provided.

The Father Of Modern Constitutional Liberalism, John Lawrence Hill

William & Mary Bill of Rights Journal

No abstract provided.

Who’S Your Sovereign?: The Standing Doctrine Of Parens Patriae & State Lawsuits Defending Sanctuary Policies, Lexi Zerrillo

William & Mary Bill of Rights Journal

No abstract provided.

Tall Tales Of Danger And Security: How A Critical Human Security Approach Can Address Major Contradictions Revealed Through A Critical Narrative Analysis Of Dominant U.S. Security Strategies, Stephen Schneider

Master's Theses

Over many generations, humans have developed many perspectives and practices regarding the best ways to recognize and address what they perceive to be dangerous. Stories are used to help shape and narrate perceptions about the world, and they serve to pass on vital information that impacts how a society responds to threats and vulnerabilities. These narratives of danger and security are subjective to the experiences and political intentions of society, and therefore in many ways are partial and biased in their assessments and policies. This results in flawed security practices that may actually exacerbate threats or create new insecurities. What …

Psychosocial Analysis Of An Ethnography At The Cuyahoga County Public Defenders Office, Ernest M. Oleksy

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

Too often, social science majors become jaded with their field of study due to a misperception of the nature of many potential jobs which they are qualified for. Such discord is prevalent amongst undergraduates who strive for work in the criminal justice system. Hollywood misrepresentations become the archetypes of the aforementioned field, leaving out the necessity and ubiquity of accompanying desk work. Still other social science majors struggle to identify theoretical interpretations in praxis.

An Examination Of The Death Penalty, Alexandra N. Kremer

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

The death penalty, or capital punishment, is the use of execution through hanging, beheading, drowning, gas chambers, lethal injection, and electrocution among others in response to a crime. This has spurred much debate on whether it should be used for reasons such as ethics, revenge, economics, effectiveness as a deterrent, and constitutionality. Capital punishment has roots that date back to the 18^th century B.C., but, as of 2016, has been abolished in law or practice by more than two thirds of the world’s countries and several states within the United States. Here, the arguments for and against the death …

1889 - Decisions Of The Department Of The Interior And The General Land Office In Cases Relating To The Public Lands By United States Department Of Interior And Us General Land Office; July 1 To December 31,1888

US Government Legislation and Statutes

A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States land laws.

1898 - Decisions Of The Department Of Interior And General Land Office, Jan. - May 1898

US Government Legislation and Statutes

A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.

December 14, 2018: What Will Post-Christianity Look Like?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Will Post-Christianity Look Like?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Microplastics In Full View: Birds As Bioindicators Of Malta's Coastal Ecosystem Health, Dalton Brauer

Masters Theses, 2010-2019

Plastic pollution has recently become a widely studied topic, yet research on microplastics has remained lacking for specific geographic regions. Microplastics are small plastics resulting from degradation or the dumping of raw material and can lead to deleterious impacts on the coastal marine environment and its organisms. To assess Malta’s coastal environmental health, water birds (inshore, offshore and pelagic species) were used as bioindicators by assessing the presence and abundance of plastic within their stomach contents. The project hoped to fill some of the current gaps in knowledge on microplastics within Malta by creating a working baseline, as well as …

1892 - Decisions Of The Department Of Interior And General Land Office, July 1, 1891 - December 1, 1891

US Government Legislation and Statutes

A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.

1895 - Decisions Of The Department Of Interior And General Land Office, July 1 - Dec. 30, 1894

US Government Legislation and Statutes

A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.

1890 - Decisions Of The Department Of Interior And General Land Office From January To June 30, 1890

US Government Legislation and Statutes

A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.

1891 - Decisions Of The Department Of Interior And General Land Office From January To June 30, 1891

US Government Legislation and Statutes

A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.